Hans Raj Khanna
| Hans Raj Khanna | |
|---|---|
 |
|
| Minister of Law and Justice | |
|
In office 1979 |
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| Chairman, 8th Law Commission of India | |
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In office 1977–1979 |
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| Judge of Supreme Court of India | |
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In office 1971–1977 |
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| Chief Justice of Delhi High Court | |
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In office 1969–1971 |
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| Personal details | |
| Born |
3 July 1912 Amritsar, Punjab, British India |
| Died | 25 February 2008 (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On 3 January 1977, after delivering the Habeas Corpus judgement, he was superseded for the post of Chief Justice by Indira Gandhi, despite being the senior-most judge in the Supreme Court and as a result of this, he resigned from the court.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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