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When the Emergency Silenced the Court, One Judge Spoke

On June 25, 1975, India's President declared an Emergency, citing threats to national security from internal disturbances. This led to widespread detentions without trial and the suspension of fundamental rights, including the right to habeas corpus. The Supreme Court, in the ADM Jabalpur case, controversially upheld the government's actions, but Justice H.R. Khanna dissented, arguing that the state cannot deprive individuals of life and liberty without legal authority. His dissent, though it cost him the Chief Justice position, later influenced the 44th Amendment and was vindicated in 2017 when the Supreme Court overruled the ADM Jabalpur decision, emphasizing that life and personal liberties are inalienable rights.

Read the original article here: maktoobmedia.com