Reviewed case brief
Additional District Magistrate, Jabalpur v. Shivakant Shukla
AIR 1976 SC 1207
The "Habeas Corpus Case" — the darkest hour of Indian constitutional jurisprudence. During the 1975-77 Emergency, the SC majority held that citizens cannot approach courts for habeas corpus when Art.21 is suspended. Justice Khanna's lone dissent preserved the honour of the Rule of Law.
- Court
- Supreme Court of India
- Year
- 1976
- Subjects
- Administrative Law
- Reviewed
- 2026-06-30
Rule established
Majority (overruled): Art.21 suspension during Emergency suspends Rule of Law and habeas corpus. Dissent (Khanna J, later vindicated): Rule of Law exists independent of Art.21
Facts
Issues
Held
Ratio decidendi
How to use it in an exam
Editorial source
Massey, Administrative Law; Sathe, Administrative Law; 44th Amendment
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.