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H. R. Khanna

Hans Raj Khanna
Hrkhanna-supremecourtofindia.nic.in.jpg
Minister of Law and Justice
In office
1979
Chairman, 8th Law Commission of India
In office
1977–1979
Judge of Supreme Court of India
In office
1971–1977
Chief Justice of Delhi High Court
In office
1969–1971
Personal details
Born (1912-07-03)3 July 1912
Amritsar, Punjab, British India
Died 25 February 2008(2008-02-25) (aged 95)
New Delhi, India
Spouse(s) Uma Mehra
Alma mater Punjab University

Hans Raj Khanna (3 July 1912 – 25 February 2008) was a judge of the Supreme Court of India (1971–1977). Two of his judgements form the basis of modern constitutional law, decades after they were delivered. In the Habeas Corpus case during the Indian Emergency, four other judges agreed with the government view that even fundamental rights like the right to life stood abrogated during Emergency. Khanna's dissenting opinion, claiming that the Constitution did not permit right to life and liberty to be subject to executive decree, is widely regarded as a landmark in Indian democracy.

Khanna had previously authored the Basic structure doctrine of the Constitution of India in Kesavananda Bharati v. State of Kerala, which curtailed Parliament's amending power, restricting its scope of amendment in areas which were part of the Constitution's "basic structure".

On 3 January 1977, after delivering the Habeas Corpus judgement, he was superseded for the post of Chief Justice by Indira Gandhi, despite being the senior-most judge in the Supreme Court and as a result of this, he resigned from the court. His honest actions as the supreme court judge during emergency were admired in India as well as abroad.

He later served as Law Minister of India, and was a combined opposition-sponsored candidate for election as President in 1982 though he lost the election to Zail Singh.

In 1999, he was awarded the Padma Vibhushan, the second highest civilian honour given by the Government of India.

Khanna was born in Amritsar, Punjab in 1912, the son of lawyer and freedom fighter Sarb Dyal Khanna. The family hailed from a trading tradition, but Hans's father had become a leading lawyer and later, the mayor of Amritsar. Hans's mother died at a young age, and the household was run by his grandmother. He did his schooling at DAV High School, Amritsar.


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