Reviewed case brief
ADM Jabalpur v Shivkant Shukla
AIR 1976 SC 1207
During the Emergency of 1975-77, habeas corpus petitions were filed by persons detained under MISA (Maintenance of Internal Security Act). The government argued that during Emergency, no court could examine whether a detention order was in accordance with law, because Art. 21 (right to life and libe
- Court
- Supreme Court of India
- Year
- 1976
- Subjects
- Administrative Law, Constitutional Law I
- Reviewed
- 2026-07-01
Rule established
Per Khanna J (dissenting, now accepted as correct): the rule of law exists prior to and independent of the Constitution; it cannot be suspended even during Emergency.
Facts
Issues
Held
Ratio decidendi
How to use it in an exam
Editorial source
AIR 1976 SC 1207
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.