Justice Hans Raj Khanna’s legacy as a crusader for personal liberty and constitutional democracy remains unparalleled in Indian judicial history. Defence Minister Rajnath Singh, during a discussion commemorating the 75th anniversary of the adoption of the Indian Constitution, aptly cited Justice Khanna’s autobiography, Neither Roses Nor Thorns, to highlight his unparalleled courage. Justice Khanna once confided in his sister, “I have prepared a judgment which is going to cost me the Chief Justiceship of India.” This statement was a prelude to one of the most significant dissenting judgments in Indian legal history—the ADM Jabalpur v. Shivkant Shukla case during the Emergency of 1975-77.
#WATCH | “I would like to quote a line from the autobiography of former Supreme Court judge HR Khanna, ‘Neither Roses Nor Thorns’, in which he has clearly written ‘I told my younger sister, Santosh, I have prepared a judgment which is going to cost me the Chief Justiceship of… pic.twitter.com/UHQcaLgka3
— ANI (@ANI) December 13, 2024
“In the year 1976, Justice HR Khanna had given a dissenting judgment against the then Congress government in the ADM Jabalpur v. Shivkant Shukla case…In 1973, ignoring all constitutional values, the then Congress government superseded Justice JM Shelat, KS Hegde and AN Grover and appointed the fourth most senior judge as the Chief Justice of India. These three judges had only one crime, that they did not bow down to the government, those three judges had tried to limit the powers of a dictatorial government within the constitutional limits…,” said Singh in the parliament.
The Emergency and the Dissent
The period of Emergency imposed by then Prime Minister Indira Gandhi’s government saw the suspension of fundamental rights, including the right to life and personal liberty under Article 21 of the Constitution. Thousands were detained without trial under the Maintenance of Internal Security Act (MISA), leading to a deluge of habeas corpus petitions challenging the legality of their detention. While many High Courts upheld the petitions and ordered the release of detainees, the Supreme Court, in a controversial 4:1 majority decision in ADM Jabalpur, upheld the government’s stance that no person could seek legal remedy for the violation of fundamental rights during the Emergency.
Justice Khanna, however, stood as the lone dissenter. In his historic judgment, he proclaimed, “What is at stake is the rule of law … the question is whether the law speaking through the authority of the Court shall be absolutely silenced and rendered mute.” He rejected the State’s argument that the suspension of Article 21 rendered citizens powerless against unlawful detention, asserting that “detention without trial is an anathema to all those who love personal liberty.”
Justice Khanna’s dissenting opinion drew a stark parallel with the Nazi regime, where legality was used to perpetrate grave injustices. His judgment was a clarion call for upholding the sanctity of constitutional values even during the darkest times. This courageous stand cost him the Chief Justiceship when, in 1977, he was superseded by Justice M.H. Beg, who had sided with the majority in the ADM Jabalpur case. Justice Khanna resigned in protest, cementing his place as a hero of judicial independence and integrity.
Legacy of Integrity and Courage
Justice Khanna’s dissent earned widespread admiration. The New York Times, on April 30, 1976, lauded his courage, writing, “If India ever finds its way back to the freedom and democracy that were proud hallmarks of its first eighteen years as an independent nation, someone will surely erect a monument to Justice H.R. Khanna of the Supreme Court.” While no physical monument exists, his portrait hangs in Courtroom No. 2 of the Supreme Court, where he once presided. This silent tribute serves as a reminder of his steadfast commitment to justice.
Justice Khanna’s integrity extended beyond his judicial tenure. He served briefly as the chairman of the Law Commission and as the Union Minister of Law and Justice under Prime Minister Charan Singh, a position he relinquished after just three days. In 1982, he contested the Presidential election as a combined opposition candidate but lost to Zail Singh. Despite these setbacks, his legacy continued to inspire.
Recognition and Vindication
Decades later, Justice Khanna’s dissent in ADM Jabalpur found vindication. In the landmark Right to Privacy judgment (Justice K.S. Puttaswamy v. Union of India), a nine-judge Bench of the Supreme Court unanimously overturned the ADM Jabalpur majority ruling, affirming Justice Khanna’s stance. Justice D.Y. Chandrachud, delivering the judgment, remarked, “The view taken by Justice Khanna must be accepted, and accepted in reverence for the strength of its thoughts and the courage of its convictions.”
Familial Circle of Justice
Justice Khanna’s nephew, Justice Sanjiv Khanna, assumed the position of the 51st Chief Justice of India on November 11, 2024. This appointment, following the retirement of Justice D.Y. Chandrachud, is seen as a poetic justice to the legacy of H.R. Khanna. Justice Sanjiv Khanna’s journey in the Supreme Court began in Courtroom No. 2, under the watchful gaze of his uncle’s portrait.
Justice H.R. Khanna’s life and career are a testament to the principles of judicial independence, courage, and the unwavering commitment to constitutional values. His dissent in ADM Jabalpur continues to resonate as a beacon of hope and a reminder that the rule of law must prevail, even in the face of overwhelming adversity.
