TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    India Gains More Than Convenience When UPI Payments Remain Free

    India Gains More Than Convenience When UPI Payments Remain Free

    Trump’s $2.8 Billion Arms Sale to Israel

    Trump’s $2.8 Billion Arms Sale to Israel

    Saudi Arabia Intercepts Drone Near Mecca as Houthi Tensions Escalate

    Saudi Arabia Intercepts Drone Near Mecca as Houthi Tensions Escalate

    Rajasthan civic polls: Meet the Gen Z winners making their mark in local politics

    Rajasthan civic polls: Meet the Gen Z winners making their mark in local politics

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Money Back Plan for Parents: A Smart Way to Plan for Your Child’s Future

    Money Back Plan for Parents: A Smart Way to Plan for Your Child’s Future

    Need a bank account today? Open one online in minutes

    Need a bank account today? Open one online in minutes

    Do You Still Need Term Insurance If You Have ₹50 Lakh Employer Cover?

    Do You Still Need Term Insurance If You Have ₹50 Lakh Employer Cover?

    What the UAE’s 2026 Corporate Tax Rules Actually Mean for a Free Zone Company

    What the UAE’s 2026 Corporate Tax Rules Actually Mean for a Free Zone Company

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    India-US joint military exercise Yudh Abhyas 2026 begins in Uttarakhand, Rajasthan

    India-US joint military exercise Yudh Abhyas 2026 begins in Uttarakhand, Rajasthan

    Blue-water ambitions, brown-water outcomes: Pakistan Navy’s credibility test

    Blue-water ambitions, brown-water outcomes: Pakistan Navy’s credibility test

    CNS Adm Krishna Swaminathan Visits New Zealand to Deepen Maritime Ties with RNZN

    CNS Adm Krishna Swaminathan Visits New Zealand to Deepen Maritime Ties with RNZN

    Chinese Troop Levels at LAC Fall as MoD Report Details Operation Sindoor Strikes

    Chinese Troop Levels at LAC Fall as MoD Report Details Operation Sindoor Strikes

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    India calls Pakistan’s Masood Azhar bounty a ‘hollow gimmick’, demands concrete action

    India calls Pakistan’s Masood Azhar bounty a ‘hollow gimmick’, demands concrete action

    CIA Files Declassified for 9/11 Anniversary Reveal Bin Laden Eyed India as Target Years Before 2001 Attacks

    CIA Files Declassified for 9/11 Anniversary Reveal Bin Laden Eyed India as Target Years Before 2001 Attacks

    World Leaders Head Home as BRICS Summit Wraps Up in Delhi

    World Leaders Head Home as BRICS Summit Wraps Up in Delhi

    Modi Calls for “Concrete Results” as BRICS Wraps Up in Delhi, Hands Chairship to China

    Modi Calls for “Concrete Results” as BRICS Wraps Up in Delhi, Hands Chairship to China

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    What Skills Will You Gain from a Strategic Leadership Course

    What Skills Will You Gain from a Strategic Leadership Course

    Young Indian Gen Z exploring Sanatan Dharma through smartphones, social media and the Bhagavad Gita

    Ancient Roots, Digital Minds: The Rise of Sanatani Gen Z

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    Which JEE Online Coaching Is Best for JEE Mains 2027?

    Which JEE Online Coaching Is Best for JEE Mains 2027?

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Shah Rukh Khan confirms ‘King’ release date, says film will hit theatres on December 24

    Shah Rukh Khan confirms ‘King’ release date, says film will hit theatres on December 24

    Kerala solo vlogger detained in Afghanistan: What happened to Backpacker Arunima

    Kerala solo vlogger detained in Afghanistan: What happened to Backpacker Arunima

    Champions With Principles: India’s Women Show the World How to Win With Dignity

    Champions With Principles: India’s Women Show the World How to Win With Dignity

    Pune Movers Compared: Why These Customers Chose NoBroker Over Local Packers

    Pune Movers Compared: Why These Customers Chose NoBroker Over Local Packers

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    India Gains More Than Convenience When UPI Payments Remain Free

    India Gains More Than Convenience When UPI Payments Remain Free

    Trump’s $2.8 Billion Arms Sale to Israel

    Trump’s $2.8 Billion Arms Sale to Israel

    Saudi Arabia Intercepts Drone Near Mecca as Houthi Tensions Escalate

    Saudi Arabia Intercepts Drone Near Mecca as Houthi Tensions Escalate

    Rajasthan civic polls: Meet the Gen Z winners making their mark in local politics

    Rajasthan civic polls: Meet the Gen Z winners making their mark in local politics

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Money Back Plan for Parents: A Smart Way to Plan for Your Child’s Future

    Money Back Plan for Parents: A Smart Way to Plan for Your Child’s Future

    Need a bank account today? Open one online in minutes

    Need a bank account today? Open one online in minutes

    Do You Still Need Term Insurance If You Have ₹50 Lakh Employer Cover?

    Do You Still Need Term Insurance If You Have ₹50 Lakh Employer Cover?

    What the UAE’s 2026 Corporate Tax Rules Actually Mean for a Free Zone Company

    What the UAE’s 2026 Corporate Tax Rules Actually Mean for a Free Zone Company

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    India-US joint military exercise Yudh Abhyas 2026 begins in Uttarakhand, Rajasthan

    India-US joint military exercise Yudh Abhyas 2026 begins in Uttarakhand, Rajasthan

    Blue-water ambitions, brown-water outcomes: Pakistan Navy’s credibility test

    Blue-water ambitions, brown-water outcomes: Pakistan Navy’s credibility test

    CNS Adm Krishna Swaminathan Visits New Zealand to Deepen Maritime Ties with RNZN

    CNS Adm Krishna Swaminathan Visits New Zealand to Deepen Maritime Ties with RNZN

    Chinese Troop Levels at LAC Fall as MoD Report Details Operation Sindoor Strikes

    Chinese Troop Levels at LAC Fall as MoD Report Details Operation Sindoor Strikes

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    India calls Pakistan’s Masood Azhar bounty a ‘hollow gimmick’, demands concrete action

    India calls Pakistan’s Masood Azhar bounty a ‘hollow gimmick’, demands concrete action

    CIA Files Declassified for 9/11 Anniversary Reveal Bin Laden Eyed India as Target Years Before 2001 Attacks

    CIA Files Declassified for 9/11 Anniversary Reveal Bin Laden Eyed India as Target Years Before 2001 Attacks

    World Leaders Head Home as BRICS Summit Wraps Up in Delhi

    World Leaders Head Home as BRICS Summit Wraps Up in Delhi

    Modi Calls for “Concrete Results” as BRICS Wraps Up in Delhi, Hands Chairship to China

    Modi Calls for “Concrete Results” as BRICS Wraps Up in Delhi, Hands Chairship to China

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    What Skills Will You Gain from a Strategic Leadership Course

    What Skills Will You Gain from a Strategic Leadership Course

    Young Indian Gen Z exploring Sanatan Dharma through smartphones, social media and the Bhagavad Gita

    Ancient Roots, Digital Minds: The Rise of Sanatani Gen Z

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    Which JEE Online Coaching Is Best for JEE Mains 2027?

    Which JEE Online Coaching Is Best for JEE Mains 2027?

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Shah Rukh Khan confirms ‘King’ release date, says film will hit theatres on December 24

    Shah Rukh Khan confirms ‘King’ release date, says film will hit theatres on December 24

    Kerala solo vlogger detained in Afghanistan: What happened to Backpacker Arunima

    Kerala solo vlogger detained in Afghanistan: What happened to Backpacker Arunima

    Champions With Principles: India’s Women Show the World How to Win With Dignity

    Champions With Principles: India’s Women Show the World How to Win With Dignity

    Pune Movers Compared: Why These Customers Chose NoBroker Over Local Packers

    Pune Movers Compared: Why These Customers Chose NoBroker Over Local Packers

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

The story of Justice H R Khanna : Who couldn’t be the CJI because he went against Indira Gandhi

Shivam Jaiswal by Shivam Jaiswal
26 November 2022
in Law
Justice Khanna
Share on FacebookShare on X

Hon’ble Justice H. R. Khanna is remembered as a “crusader against injustice.” His most valuable contribution to the populace came at the time of emergency in 1975, when darkness had engulfed personal liberty.

Owing to his exemplary service, he is considered the epitome of justice and a role model for present and future judges in a constitutional democracy. His incredible journey as a judge is an exhibition of magnificent pronouncements that support the noble founding fathers of the Constitution.

RelatedPosts

Five Billion Dollars, Unknown Terms: Pakistan Has Never Told Its Citizens What the Hangor Submarines Actually Cost

Why Kalita Majhi’s Journey from Domestic Help to Minister Has Become a Defining Image of Indian Democracy

From the Indo-Pacific to the Mediterranean: Modi–Meloni Chart a New Strategic Axis for a Multipolar Future

Load More

Our country is a democracy that follows the Rule of Law. However, the phase from 1975 to 1977 is considered to be the darkest phase of our democracy. It was during this time that the government functioned as an autocratic polity.

Under the leadership of former Prime Minister Indira Nehru Gandhi, the populace was subjugated to second-class citizenry. The voices of dissent were mercilessly curbed, opposition leaders were jailed, and journalistic freedom was withdrawn, amongst various other atrocities.

The government machinery was reduced to an instrument for carrying out the barbaric, lopsided dicta of the Nehru-Gandhi family. Amidst all this, the majority of the nation was just a mute spectator with no freedom or liberties.

Also read: Sushil Kumar Sharma vs. Union Of India And Ors: The case that began the start of the end of fake dowry case

The dark history of MISA

The ecosystem at the time was full of suspicions, panic, hideouts, and clandestine revolutions. Consequently, thousands of people were taken into preventive detention under the Maintenance of Internal Security Act of 1971 (MISA).

This led to a flood of thousands of Habeas Corpus writ petitions in various high courts for the release of the accused. These petitions were countered by the state on the ground that during the period of national emergency, the citizens could not enjoy the fundamental rights enshrined in the Constitution. That is to say that the basic rights, including the right to life and personal liberty under Article 21, stood suspended as Article 359 was put into effect.

However, the contention of the state was rejected by various High Courts, which took a more progressive approach to dealing with the issue. In numerous cases, the High Courts across the nation declared preventive detention to be bad in law and ordered the release of people detained under the provisions of MISA.

Also read: I R Coelho v. State of Tamil Nadu: Judicial demolition of Nehru’s mandated Legislative Overreach & Contemporary Challenges

ADM Jabalpur & Ors v. Shivkant Shukla

The stance of the High Courts in various judgments to strike down the provisions of MISA as violative of the Constitution was challenged in the Supreme Court by the government. However, the Apex Court, in its judgement in ADM Jabalpur & Ors v. Shivkant Shukla, accepted the view of the government by a majority of 4:1.

The majority of 4 judges (Chief Justice A.N. Ray, Justice M. Hameedullah Beg, Justice P.N. Bhagwati, and Justice Y.V. Chandrachud) held that with the proclamation of emergency and the consequent suspension of enforcement of Article 21, the writ for the release of a person under Habeas Corpus cannot be passed by the Court.

Further, no person has any locus standi to move any writ petition under Article 226 before a High Court for Habeas Corpus, or any other writ or order or direction, to challenge the legality of an order of detention in view of Presidential Order dated 27th June 1975.

The isolated dissenting voice in support of the freedom and rights of arrested persons was that of Hon’ble Justice H.R. Khanna. In his dissent, he equated the rule of Indira Gandhi with that of the Nazi regime, which too had been strictly legal. On that day, he single-handedly defended our cherished values and dreams from being trammeled by the forces of tyranny.

Also read: Equality: Muslim Personal Law not excluded from the ambit of POCSO

Cost of fighting Indira Gandhi 

However, as the saying goes, with great things come greater responsibilities. The obligation of duty without fear or favour against all odds may come at a great price. For Justice Khanna, the chair of the Chief Justice of India was the price to be paid for going against the will of the Indira regime.

He was superseded by his subordinate colleague, Justice M.H. Beg, for the post of Chief Justice of India by the then Indira Gandhi government in 1977. Consequently, Justice Khanna resigned in protest, which earned him the accolade of “lone crusader of democracy” from the masses for his courageous dissenting opinion.

The most appreciable part of Justice Khanna that every citizen must cherish and imbibe is the unfettered fortitude with which truth and justice should be pursued. It was not that he was unaware of the repercussions, but he still opted to go with the difficult option.

In his autobiography titled “Neither Roses Nor Thorns,” Justice Khanna reiterated what he had told his sister: “I have prepared my judgment, which is going to cost me the Chief Justiceship of India.”

Also read: 1984, Indian Express Newspaper Vs. Union of India: When Indian Express lost the price battle in court

Ultimate victory for Justice Khanna

If there is a classic textbook illustration of the saying, “Truth can be disturbed but not defeated,” it is the tale of Justice Khanna. After more than 45 years of the infamous ADM Jabalpur judgment, Justice Khanna’s unbending integrity and valour have been rewarded. The apex court’s historic verdict in Justice KS Puttaswamy (Retd.) & Anr. v. Union of India & Ors sets aside the majority judgement in ADM Jabalpur.

The nine-judge Bench lastly established an imprimatur of authority to the revered and lauded dissent of Justice Khanna, which has been the shining beacon through the murkiness of our democracy.

In the words of the present Chief Justice, D.Y. Chandrachud, “the view taken by Justice Khanna must be accepted, and accepted with reverence for the strength of its thoughts and the courage of its convictions.”

That is to say, his remarkable contribution to the history of Indian polity and jurisprudence should be celebrated, and his clairvoyance for the rule of law, human rights, and constitutionalism should be propagated among the citizens.

Support TFI:

Support us to strengthen the ‘Right’ ideology of cultural nationalism by purchasing the best quality garments from TFI-STORE.COM

Also Watch:

https://www.youtube.com/watch?v=deZP195dO9c

Tags: Article 226D Y ChandrachudDemocracyIndira Gandhi GovernmentJustice KhannaJustice KS PuttaswamyJustice M.H. Beglocus standiMaintenance of Internal Security Act of 1971
ShareTweetSend
Previous Post

TATA to acquire Chauhan Brothers’ Bisleri for 7000 crores

Next Post

Jaishankar opens the closets of the West, skeletons come tumbling out

Related Posts

The Biggest Mistakes Injured Workers Make After a Workplace Accident
Law

The Biggest Mistakes Injured Workers Make After a Workplace Accident

20 August 2026

A workplace injury can change everything in a matter of seconds. One moment you are focused on your job,...

Reasons a Truck Accident Case May Go to Trial
Law

Reasons a Truck Accident Case May Go to Trial

19 July 2026

A truck accident case may go to trial when the parties cannot agree on liability, the value of the...

What Evidence is Used to Calculate Economic Damages?
Law

What Evidence is Used to Calculate Economic Damages?

1 July 2026

Economic damages are the actual financial losses a person suffers after an injury or wrongful act. They cover things...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

The Su-57 Question: Is India Taking a Huge Risk by Waiting for AMCA only ? IAF | Stealth fighter

The Su-57 Question: Is India Taking a Huge Risk by Waiting for AMCA only ? IAF | Stealth fighter

00:05:37

Beginning Of Saudi Arabia's End ? A Case Study...

00:16:00

₹2 Crore Film, ₹143 Crore Hit: The ‘Hanuman Ansh’ Box Office Shock

00:02:46

Who Is Major Rishabh Sambhyal? The Army Officer Who Became a Social Media Sensation

00:03:34

The Missing 54: What Happened to India’s Soldiers After the 1965 & 1971 Wars | POW | Indo-Pak

00:04:43
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Contact Us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2026 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2026 TFI Media Private Limited