Hans Raj Khanna, Indian lawyer, judge, and politician, Indian Minister of Law and Justice (b. 1912)

Justice Hans Raj Khanna, born on July 3, 1912, and departing on February 25, 2008, stands as a towering figure in India’s legal and judicial history. An eminent Indian judge, jurist, and advocate, his name is inextricably linked with two monumental contributions to the nation’s jurisprudence: the articulation of the transformative basic structure doctrine in 1973 and his courageous, solitary dissenting judgment in 1976 that championed civil liberties during the tumultuous period of the Indian Emergency. His career was marked by a steadfast commitment to justice, often in the face of immense pressure, solidifying his legacy as a beacon of judicial integrity and independence.

A Distinguished Judicial Career

Justice Khanna's journey into the Indian judiciary commenced in 1952, where he began his service as an Additional District and Sessions Judge. His dedication and profound legal acumen quickly propelled him through the ranks. Ultimately, he ascended to the pinnacle of the Indian judicial system, being elevated as a judge to the Supreme Court of India in 1971. He served on the nation's highest court until his principled resignation in 1977, a decision rooted in his unwavering moral compass and commitment to established conventions.

Architect of the Basic Structure Doctrine

One of Justice Hans Raj Khanna’s most enduring contributions was authoring the groundbreaking basic structure doctrine of the Constitution of India. This seminal concept emerged from the landmark Kesavananda Bharati v. State of Kerala case in 1973. In a ruling that profoundly shaped the future of India's constitutional law, the doctrine curtailed Parliament's seemingly unfettered amending power under Article 368. It stipulated that while Parliament could amend the Constitution, it could not alter or destroy its fundamental "basic structure." This judicial innovation was revolutionary, asserting that certain foundational principles – like democracy, secularism, and judicial independence – are immutable, safeguarding the very essence of the Constitution from potential legislative overreach. It stands as a testament to the foresight of the judiciary in preserving the democratic fabric of the nation.

The Fearless Dissenter: Upholding Liberties During the Emergency

Justice Khanna’s moral courage shone brightest during one of India's darkest periods – the Indian Emergency (1975-1977). His name became synonymous with judicial fearlessness through his powerful minority judgment in the highly publicized Habeas Corpus case, officially known as ADM Jabalpur v. Shiv Kant Shukla. In 1976, while the nation grappled with suspended civil liberties, a five-member bench of the Supreme Court, including Chief Justice A. N. Ray and Justices M. H. Beg, Y. V. Chandrachud, and P. N. Bhagwati, sided with the government. They agreed with the government's view and submission that even fundamental rights, including the sacrosanct rights to life and liberty enshrined in Article 21 of the Constitution, could be abrogated during a national emergency.

Amidst this consensus, Justice Khanna stood alone. His was the singular dissenting voice, a powerful declaration that transcended mere legal reasoning. He eloquently argued that Article 21 could not possibly be the sole repository of the fundamental rights to life and liberty, emphasizing that these rights predate the Constitution itself. They are, he asserted, inalienable to one's life and dignified existence, inherent human rights that cannot be subjugated to any executive decree, even during an emergency. This brave assertion, challenging the prevailing governmental narrative and judicial deference, resonated deeply. His judgment is universally lauded for its 'fearlessness' and 'eloquence,' becoming a symbol of resistance against authoritarianism and a staunch defense of individual freedoms.

Beyond these pivotal judgments, Justice Khanna also delivered other noted decisions during his tenure, including those in the Ahmedabad St. Xavier's College v. State of Gujarat (1974) and State of Kerala v. N. M. Thomas (1975) cases, further cementing his reputation as a thoughtful and influential jurist.

Supersession, Resignation, and Post-Judicial Life

The aftermath of Justice Khanna's courageous dissent in the Habeas Corpus case saw a direct and controversial challenge to judicial independence. In January 1977, just nine months after delivering his venerated dissent, he was superseded for the coveted office of the Chief Justice of India. Contrary to the well-established convention of appointing the senior-most puisne judge as the next Chief Justice upon the incumbent's retirement, Justice M. H. Beg was appointed instead, reportedly at the behest of then Prime Minister Indira Gandhi. Despite being the senior-most judge in the Supreme Court at the time of Chief Justice A. N. Ray's superannuation, Justice Khanna was passed over. This unprecedented move was widely perceived as a punitive measure for his independent stance.

In a powerful demonstration of his unwavering principles, Justice Khanna promptly resigned from the court. His resignation, which took effect in March 1977, sent a clear message about the importance of judicial autonomy and the integrity of the appointment process.

Following his resignation from the Supreme Court, Justice Khanna briefly entered the political arena. He served a very short period—just three days—as the central Minister of Law and Justice in the Charan Singh Ministry, after the fall of the Indira Gandhi Government. His brief stint in executive office was followed by another notable public role when he was put forward as a combined opposition-sponsored candidate for election as President of India in 1982. Though he ultimately lost to Zail Singh, his candidacy underscored the immense respect and moral authority he commanded across the political spectrum.

Legacy and Recognition

Justice Hans Raj Khanna's immense contributions to Indian law and his steadfast defense of constitutional principles earned him lasting recognition. In 1999, he was rightfully awarded the Padma Vibhushan, the second-highest civilian honour bestowed by the Government of India, in recognition of his distinguished career in judicial service. His life and work continue to inspire legal scholars and practitioners, serving as a powerful reminder of the crucial role of an independent judiciary in a democratic society. His judgments, particularly the basic structure doctrine and his dissenting opinion in the Habeas Corpus case, remain cornerstones of Indian constitutional law, revered for their intellectual rigor and moral fortitude.

Frequently Asked Questions About Justice Hans Raj Khanna

Who was Justice Hans Raj Khanna?
Justice Hans Raj Khanna was an eminent Indian judge, jurist, and advocate, renowned for his pivotal contributions to Indian constitutional law, including the basic structure doctrine and his courageous dissenting judgment during the Indian Emergency.
When was Justice H.R. Khanna born and when did he pass away?
He was born on July 3, 1912, and passed away on February 25, 2008.
What is the basic structure doctrine?
Authored by Justice Khanna in the 1973 Kesavananda Bharati case, the basic structure doctrine is a principle stating that while the Indian Parliament can amend the Constitution, it cannot alter or destroy its fundamental, immutable features or its "basic structure."
Why is Justice Khanna famous for the Habeas Corpus case?
In the 1976 ADM Jabalpur v. Shiv Kant Shukla (Habeas Corpus case), during the Indian Emergency, Justice Khanna was the lone dissenter among five Supreme Court of India judges. He argued that the fundamental rights to life and liberty cannot be suspended even during an emergency, boldly standing for civil liberties when others did not.
When did he serve on the Supreme Court of India?
Justice Khanna was elevated to the Supreme Court of India in 1971 and served until his resignation in 1977.
Why did Justice Khanna resign from the Supreme Court?
He resigned in 1977 after being controversially superseded for the position of Chief Justice of India by a junior judge, M. H. Beg, despite being the senior-most judge, a move widely seen as retaliation for his dissent in the Habeas Corpus case.
What civilian honor did he receive?
In 1999, Justice Khanna was awarded the Padma Vibhushan, India's second-highest civilian honour, for his distinguished judicial service.