LANDMARK CASE

ADM Jabalpur v. Shivkant Shukla

(1976) 2 SCC 521 · Supreme Court of India · Constitutional law

At a glance

Citation: (1976) 2 SCC 521
Court: Supreme Court of India
Area of law: Constitutional law
In one line: The majority held no. Justice H.R. Khanna dissented.

1 Facts

During the Emergency, enforcement of Article 21 was suspended, and detainees filed habeas corpus petitions.

2 Issue

Can a detainee challenge detention when enforcement of Article 21 is suspended?

3 What the court decided

The majority held no. Justice H.R. Khanna dissented.

4 Why it matters

It was expressly overruled in K.S. Puttaswamy (2017), and Khanna J's dissent is now celebrated.

5 Think about it

Why is Khanna J's dissent considered one of the most important in Indian history?

6 Analyse it yourself

Read the full judgment from an official source or a law database, then brief it in seven steps: facts, issues, arguments, decision, ratio, obiter and significance. Always check the citation before you rely on it.

7 More cases on Constitutional law

A.K. Gopalan v. State of Madras AIR 1950 SC 27
Air India v. Nergesh Meerza (1981) 4 SCC 335
Ajay Hasia v. Khalid Mujib Sehravardi (1981) 1 SCC 722
Anuj Garg v. Hotel Association of India (2008) 3 SCC 1
Anuradha Bhasin v. Union of India (2020) 3 SCC 637
Ashoka Kumar Thakur v. Union of India (2008) 6 SCC 1

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