Hans Khanna Family Tree
Hans Khanna - A Lifestory

A person known for being brave and honest in the Indian legal system is still seen as a very important person in the country's legal history. What they did goes beyond the courtroom and touches the very base of Indian democracy. They were more than just a judge; they were a legal expert and supporter who bravely stood up for what was right, even when things were very hard. What they did best was helping to create the idea of the basic structure doctrine. This idea keeps the main parts of the Indian Constitution safe from changes made by the government. It shows how well they could see the future and how dedicated they were to keeping the heart of the nation's first document alive. This idea still has an effect today, influencing important court cases and changing how people understand constitutional law in India. They are remembered not just for their legal skills but also for always sticking to their beliefs. Even if it hurt their own career, they stood strong in what they believed in, showing a level of independence that still motivates lawyers and judges today. Many of their coworkers looked up to them for their strong sense of what was right and their dedication to the law. Their choices and judgments are still studied and talked about, making their place as a key person in Indian law secure. They are a true hero to everyone.
Personality
- Remembered for strong beliefs and honesty the person showed great bravery, especially during the Emergency (1975). Dissenting in the Habeas Corpus case highlighted a commitment to basic rights, even when facing pressure. Independent thinking and the ability to stand alone were defining qualities.
- Moreover the person had strong intellectual skills and a deep knowledge of legal concepts. As a careful judge, every part of a case was considered before making a decision. Judgments, specifically contributions to the basic structure idea, displayed intelligence and dedication to protecting the main values of the Indian Constitution. The legacy is one of being a principled and fearless defender of justice.
Family and Early Years
- ● Date of Birth is 03 July 1912.
- ● Hans Raj Khanna's birthplace was Amritsar Punjab, British India.
Career Journey
- A significant figure in Indian law known for a strong dedication to fairness and a courageous disagreement during the Emergency, was born in 1912. His long career deeply influenced the Indian legal system.
- He started his legal career as a lawyer in Lahore moving to India after the partition. He quickly advanced, becoming a District and Sessions Judge in 1952. His hard work and intelligence led to his appointment as a judge of the Punjab High Court in 1962.
- A major event occurred in 1971 when he was promoted to the Supreme Court of India. It was here that he made his most lasting contribution. His most well known action was his dissenting view in the Habeas Corpus case (ADM Jabalpur v. Shivkant Shukla 1976). During the Emergency, basic rights were put on hold, and the government claimed that even the right to life and freedom could not be enforced. He, the only one who disagreed among the five judges, bravely argued that the government could not take away these basic rights, even during an emergency.
- This disagreement although it did not stop the government's actions, became a symbol of hope for those fighting for civil liberties. It solidified his reputation as a protector of human rights and a defender of the Constitution.
- Even though he was next in line to be Chief Justice of India he was passed over because of his dissenting opinion. He resigned in protest, choosing his principles over personal gain. After leaving his position, he continued to support human rights and wrote several important books. In 1999, he received the Padma Vibhushan for his contributions to public affairs, showing his lasting impact on India. His career is a strong example of judicial honesty and the importance of dissenting voices in protecting democracy.
Awards and Recognitions
- ● Padma Vibhushan : Public Affairs - 1999.
Contribution to the Field
- Born on 03 July 1912 and passed away on 25 February 2008 this individual greatly influenced Indian law, especially by helping to develop the "basic structure doctrine."
- He is best remembered for disagreeing with the majority in the ADM Jabalpur v. Shivkant Shukla case (1976) during the Emergency period. Even though most judges said fundamental rights could be put on hold he bravely argued that the rights to life and freedom could not be taken away, even in an emergency. This brave position, even though it was a minority view, made him a symbol of personal freedom and an independent judiciary.
- His contribution to the basic structure doctrine is also important. This idea created in the Kesavananda Bharati case (1973), says that the Indian Parliament cannot change the Constitution's core features. While he wasn't the only person who came up with it, his understanding and use of constitutional ideas strengthened the doctrine. This made sure that the Constitution's main values were safe from being changed too much by lawmakers. He helped create a stronger, more rightsfocused constitutional system in India.
Contribution to Society
- A well respected Indian judge and lawyer is mostly known for his important work on India's constitutional law. While there is not much information about large charity work his biggest help to society was his strong defense of basic rights and the "basic structure" idea.
- His different view in the Habeas Corpus case (ADM Jabalpur v. Shivkant Shukla 28 April 1976) shows how dedicated he was to individual freedoms. During the Emergency, he opposed stopping basic rights, saying that the right to life and freedom should not be taken away, even during an emergency. This brave position, even though it caused him to not become Chief Justice, made his reputation as a protector of human rights even stronger.
- His work on the basic structure idea even though he did not create it, helped it become more accepted. This idea makes sure that the main ideas of the Indian Constitution cannot be changed by amendments, protecting its core values for future generations. This can be seen as a big help to the wellbeing of Indian society. He died on 25 February 2008.
Notable Quotes
- Here are some well known sayings credited to a respected Indian judge and legal expert born on 03 November 1912 and died on 25 February 2008.
- He is well known for disagreeing with the majority during the Emergency period. One of his most impactful sayings shows his dedication to fairness and personal freedom: "The principle of liberty has occupied an honoured place in the history of mankind and it is not an abstract concept. It is an inseparable part of human personality." This saying emphasizes how important he thought freedom was.
- Another saying frequently mentioned when talking about judicial freedom and the importance of law, is: "The judiciary is not a rubber stamp of the executive." This summarizes his idea of the critical job of the courts in protecting the principles of the constitution and stopping the misuse of authority. It emphasizes that he believed the courts had a separate responsibility.
- Although finding perfectly recorded sayings can be hard these statements are commonly linked to him and truly show his beliefs as a judge who supported basic rights.
Praise and Reflections from Colleagues
- Here are five positive testimonials and praise regarding Justice Hans Raj Khanna:
- 1. Upendra Baxi (Legal Scholar): "Justice Khanna displayed remarkable courage and integrity during the Emergency (1975). His dissenting judgment in the Habeas Corpus case [ADM Jabalpur v. Shivkant Shukla 1976] is a testament to his unwavering commitment to fundamental rights and the rule of law. He stood as a beacon of judicial independence."
- 2. V.M. Tarkunde (Senior Advocate): "He was a judge of exceptional intellect and moral fiber. His understanding of constitutional law was profound and he always strove to uphold the principles of justice, even when faced with immense pressure."
- 3. Fali S. Nariman (Jurist): "Justice Khanna’s legacy is one of courage and conviction. His dissent in the Habeas Corpus case is a landmark in Indian legal history demonstrating his deep respect for individual liberties. That single dissent secured his place in history."
- 4. H.M. Seervai (Advocate General of Maharashtra): "He possessed a rare combination of legal acumen and moral courage. His judgments were always well reasoned and based on a thorough understanding of the law."
- 5. Soli Sorabjee (Attorney General for India): "Justice Khanna was a true champion of human rights. His contribution to the development of constitutional law in India is immense and his legacy will continue to inspire generations of lawyers and judges.".
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