ADM Jabalpur v Shivakant Shukla, widely known as the Habeas Corpus case, was a 1976 decision of the Supreme Court of India holding, by a four to one majority, that during the national Emergency declared by Prime Minister Indira Gandhi in 1975, no person detained without trial could approach any court for a writ of habeas corpus, because the right to move courts to enforce the right to life and personal liberty was itself suspended for the duration of the Emergency. Justice H R Khanna alone dissented. The decision left tens of thousands of people detained during the Emergency with no judicial remedy against unlawful detention and is widely regarded as the low point of the Indian judiciary's history. It was formally overruled by a nine judge bench of the Supreme Court in Justice K S Puttaswamy v Union of India (2017), which held that the right to life and personal liberty cannot be suspended even during an Emergency.
Facts
Decision YearSourced to the subject's own account Decision DateSourced to the subject's own account HoldingBy a four to one majority, with Justice H. R. Khanna dissenting, the Court held that during the Emergency and the Presidential order under Article 359, the right not to be unlawfully detained could be suspended in the interest of the State, so a detenu could not maintain a habeas corpus petition to enforce Article 21. 1 Current StatusWidely regarded as one of the lowest points in the Supreme Court's history; its doctrinal reasoning on suspension of fundamental rights during an Emergency was overruled by Justice K.S. Puttaswamy v Union of India in 2017. 1 Case Status
Case Status (category)Overruled (in whole or part) 1 Connections
Associated With
Habeas Corpus, Doctrines The case addressed suspension of habeas corpus rights during the Emergency; the majority held no judicial remedy was available.
Authored By
Lead majority opinion delivered by Chief Justice A. N. Ray, presiding over the 4:1 majority.
Decided By
Decided by the Supreme Court of India during the 1975-77 Emergency (the ADM Jabalpur habeas corpus case).
In Legal System
A ruling of the Indian Supreme Court under the Indian Constitution.
In the Other Atlases
Found In
Also in Geography Atlas: where this subject is found.
Sources
1. ADM Jabalpur v. Shivkant Shukla (Wikipedia)
Wikimedia FoundationOverview section, majority holding on habeas corpus suspension
held that a person's right to not be unlawfully detained (i.e. habeas corpus) can be suspended in the interest of the State.
Aftermath section, overruling by Puttaswamy
The ADM Jabalpur case was overruled on the doctrinal grounds concerning the rights by the Puttaswamy v. Union of India delivered by a nine judge, constitutional bench
In Group: Liberty, Emergency Powers and Social Rights Cases, Introduction, sentence 1
ADM Jabalpur v. Shivkant Shukla, AIR 1976 SC 1207, was a landmark judgement of the Supreme Court of India pertaining to the suspension of Articles 21 and 226 of the Indian Constitution in the event of a National Emergency.
View the Source 2. ADM Jabalpur v Shivkant Shukla, Habeas Corpus Case (Legal Bites)
Legal BitesIntroductionQuote, Introduction
The Supreme Court of India, in the case of Additional District Magistrate, vs S. Shukla , by a majority judgement of the constitutional bench composed of five judges, on 28 April 1976, S. Shukla, etc held that in view of the Presidential Order of 27 June 1975, no person has a locus standi to submit to the High Court any written petition pursuant to Article 226 for habeas corpus or any other writ or order or instruction questioning the lawfulness of an order of detention on the ground that the order is not in compliance with or in keeping with the Act or is unconstitutional or vitiated [4] .
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