CASE ANALYSIS-
ADM JABALPUR VS SHIVKANT SHUKLA
Authored By - Animesh Nagvanshi
Citation: Air 1976 Sc 1207
Petitioner(S): Additional District Magistrate
Respondent(S): Shivkant Shukla And Others
Judges: Justice A.N Ray
Justice H.R Khanna
Justice M.Hameedullah Beg
Justice Pn Bhagvati
Justice Y.V Chandrachud
Forum: Supreme Court Of India
Date Of Judgement: 24/04/1976
INTRODUCTION
In the exercise of the authority granted by paragraph under [1], the President proclaimed a serious emergency on June 25, 1975, stating that the security of the nation is at risk. In accordance with the authority granted under [2], the President proclaimed emergency on June 27, 1975, that anyone (even a foreigner) right to approach a court under[3] for the implementation of fundamental rights during emergency shall stay suspended. At the time of proclamation of emergency, the right to move to court for the implementation of fundamental rights shall stay suspended.
FACTS OF THE CASE
ISSUE WITH THE CASE
CONTENTION OF PETITIONER
CONTENTION OF RESPONDENT
JUDGEMENT
RATIO DECIDENDI
According to[23], the presidential order of June 27, 1975 prohibits anyone from submitting petitions under[24] to a superior court of habeas seeking to execute any remedy available against a person detained under the[25] on the grounds that the warrant of arrest or detention is for a reason that is against the law, illegal, or masculine. The executive safeguards the nation's life in times of disaster and tribulation.
AFTERWARDS
The Parliament passed [26] which changed the validity of the President's Proclamation of Emergency may now be challenged in court on the basis of malfeasance.([27] made it immune from judicial review). It brought revocation of emergency under parliamentary control. Under [28], the words ‘Internal Disturbance’ were substituted by the words ‘Armed Rebellion’
CONCLUSION
In this instance,[29] has been misconstrued. In actuality, the lawfully invalid technique was later proved. When a nation experiences internal aggression, the government is not always to be blamed. They have the power to restrict the rights of both their own people and outsiders. It is verifiable that the president has the authority to revoke all basic rights during an emergency by executive order, but this order must take effect as of the day it was approved rather than the date it was carried out.
[1] Clause 2 of Article 352 of Indian Constitution
[2] Clause 1 of Article 352 of Indian Constitution
[3] Article 14: Right to Equality and Equal Protection of Law, Article 19: Freedom of Speech and Expression and Article 21: Right to Life and Personal Liberty
[4] The Constitution (39th Constitutional Amendment Act, 1975)
[5] Article 329A of Indian Constitution
[6] Article 329A of Indian Constitution
[7] The Constitution (42nd Constitutional Amendment Act, 1976) also referred as Mini Constitution
[8] Maintenance of Internal Security Act, 1971
[9] Maintenance of Internal Security Act, 1971
[10] Article 226 of Indian Constitution
[11] Clause 2 of Article 352 of Indian Constitution
[12] Clause 1 of Article 352 of Indian Constitution
[13] Article 14: Right to Equality of Law and Equal Protection of Law, Article 21: Right to Life and Personal Liberty Personal Life and Article 22: Protection against arrest and detention in certain cases
[14] Clause 1 of Article 352 of Indian Constitution
[15] Article 22: Protection against arrest and detention in certain cases
[16] Article 22: Protection against arrest and detention in certain cases
[17] Article 19: Freedom of Speech and Expression
[18] Clause 1 od Article 359 of Indian Constitution
[19] Clause 1 of Article 352 of Indian Constitution
[20] Maintenance of Internal Security Act, 1971
[21] Article 21: Right to Life and Personal Liberty
[22] Article 21: Right to Life and Personal Liberty
[23] Clause 2 of Article 352 of Indian Constitution
[24] Article 226 of Indian Constitution
[25] Maintenance of Internal Security Act, 1971
[26] The Constitution (44th Constitutional Amendment Act, 1978)
[27] The Constitution (42nd Constitutional Amendment Act, 1976)
[28] Article 352 of Indian Constitution
[29] Article 21: Right to Personal Life
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