ADM Jabalpur v. Shivkant Shukla decision
E448911
The ADM Jabalpur v. Shivkant Shukla decision was a controversial 1976 Indian Supreme Court ruling during the Emergency that held citizens had no locus to challenge unlawful detentions when fundamental rights were suspended, later widely criticized and effectively overruled.
Statements (47)
| Predicate | Object |
|---|---|
| instanceOf |
Supreme Court of India judgment
ⓘ
constitutional law case ⓘ habeas corpus case ⓘ |
| acknowledgedAsWrongBy | Supreme Court of India in later cases ⓘ |
| acknowledgedAsWrongIn | K. S. Puttaswamy v. Union of India (2017) NERFINISHED ⓘ |
| alsoKnownAs | Habeas Corpus case NERFINISHED ⓘ |
| benchStrength | 5-judge bench ⓘ |
| characterization |
highly controversial judgment
ⓘ
widely criticized as anti-liberty ⓘ |
| citation | ADM Jabalpur v. Shivkant Shukla, (1976) 2 SCC 521 NERFINISHED ⓘ |
| context | preventive detention of political opponents during the Emergency ⓘ |
| country | India ⓘ |
| court | Supreme Court of India NERFINISHED ⓘ |
| dateDecided | 28 April 1976 ⓘ |
| dissentHeldThat | right to life and personal liberty is not solely a gift of the Constitution and cannot be taken away even during Emergency ⓘ |
| dissentingJudge | H. R. Khanna NERFINISHED ⓘ |
| effect | denial of judicial remedy against unlawful detention during Emergency ⓘ |
| heldThat |
detention orders could not be challenged in court during the suspension of fundamental rights
ⓘ
no person had locus to move any writ petition for habeas corpus during the Emergency when Article 21 was suspended ⓘ |
| impact |
influenced later emphasis on judicial review as part of basic structure
ⓘ
triggered debate on basic structure and non-derogable rights ⓘ |
| languageOfJudgment | English ⓘ |
| laterAssessment | considered one of the darkest moments in Indian constitutional jurisprudence ⓘ |
| legalDomain |
constitutional rights jurisprudence
ⓘ
public law ⓘ |
| legalIssue |
maintainability of habeas corpus petitions during Emergency
ⓘ
scope of Article 21 of the Constitution of India ⓘ suspension of fundamental rights ⓘ |
| legalProvisionInvolved |
Article 21 of the Constitution of India
NERFINISHED
ⓘ
Article 359 of the Constitution of India NERFINISHED ⓘ Presidential Order under Article 359(1) ⓘ |
| majorityJudges |
A. N. Ray
NERFINISHED
ⓘ
M. H. Beg NERFINISHED ⓘ P. N. Bhagwati NERFINISHED ⓘ Y. V. Chandrachud NERFINISHED ⓘ |
| overruledBy | K. S. Puttaswamy v. Union of India (2017) NERFINISHED ⓘ |
| period | Indian Emergency (1975–1977) NERFINISHED ⓘ |
| petitioner | Shivkant Shukla NERFINISHED ⓘ |
| politicalContext |
Indira Gandhi government
NERFINISHED
ⓘ
suspension of civil liberties ⓘ |
| ratio | suspension of the right to move any court for enforcement of Article 21 meant no remedy for illegal detention ⓘ |
| respondent | Additional District Magistrate, Jabalpur NERFINISHED ⓘ |
| status | effectively overruled ⓘ |
| subjectMatter |
Emergency powers
ⓘ
habeas corpus ⓘ personal liberty ⓘ |
| yearDecided | 1976 ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.