Hans Raj Khanna facts for kids

Quick facts for kids Hans Raj Khanna
Minister of Law and Justice
In office 1979 (3 days)
Chairman, 8th Law Commission of India
In office 1977–1979
Judge of Supreme Court of India
In office 22 September 1971 – 12 March 1977
Chief Justice of Delhi High Court
In office 1969–1971
Personal details
Born	(1912-07-03)3 July 1912 Amritsar, Punjab, British India
Died	25 February 2008(2008-02-25) (aged 95) New Delhi, India
Spouse	Uma Mehra
Relations	Sanjiv Khanna (nephew)
Alma mater	Panjab University

Hans Raj Khanna (born 3 July 1912 – died 25 February 2008) was an important Indian judge and lawyer. He is famous for two big things he did. In 1973, he helped create the "basic structure doctrine" for India's Constitution. Later, in 1976, he bravely stood up for people's rights during a difficult time called the Emergency in India.

He started his career as a judge in 1952. By 1971, he became a judge in the Supreme Court of India, which is the highest court in India. He worked there until he resigned in 1977.

He is best known for his decision in a case called ADM Jabalpur v. Shiv Kant Shukla. This case was about whether people could lose their basic rights during the Emergency (1975-1977). Four other judges said the government could take away fundamental rights like the right to life. But Justice Khanna was the only one who disagreed. He said that these rights are so important they exist even before the Constitution. He believed the government could not take them away easily. People praise him for being brave and speaking clearly.

In January 1977, Justice Khanna was supposed to become the Chief Justice of India. This is the top judge position. But the Prime Minister, Indira Gandhi, chose a less senior judge instead. This was unusual. Because of this, Justice Khanna resigned from the Supreme Court in March.

Early Life and Education

Hans Raj Khanna was born in Amritsar, Punjab in 1912. His father, Sarb Dyal Khanna, was a lawyer and also fought for India's freedom. The family was originally involved in trading. But Hans's father became a well-known lawyer and later the mayor of Amritsar.

Hans's mother passed away when he was young. His grandmother took care of the household. He became interested in law early on. He went to D.A.V. High School in Amritsar.

After school, he studied at Hindu College and Khalsa College in Amritsar. He earned a Bachelor of Arts degree. Then he went to Punjab University Law College in Lahore from 1932 to 1934. In 1934, when he was 22, he married Uma Mehra. After finishing his law degree, he worked as a lawyer in Amritsar. He mostly handled civil cases and became very successful. He continued this work until he became a judge in 1952.

Starting His Career as a Judge

In January 1952, Hans Raj Khanna was chosen to be a District and Sessions Judge. This was a special appointment because usually only civil service officers became judges. He worked in courts in Ferozepur and Ambala.

He became known for a case where he found a famous industrialist, Ramkrishna Dalmia, guilty of corruption. Dalmia had to go to jail for several years.

Later, Justice Khanna became the District and Sessions Judge in Delhi. In 1962, he was appointed a judge of the Punjab High Court. When the Delhi High Court was created, he became one of its first judges. He also investigated corruption charges against some ministers in Orissa. He served as Chief Justice of the Delhi High Court from 1969. In September 1971, he was appointed a Judge of the Supreme Court of India.

Important Cases at the Supreme Court

Justice Khanna made history with two very important judgments while at the Supreme Court. These decisions helped shape how India's Constitution works.

Protecting India's Constitution: The Basic Structure Doctrine

One of Justice Khanna's most famous rulings was in the Kesavananda Bharati v. State of Kerala case in 1973. This case was about whether the Parliament could change any part of the Constitution. The Supreme Court formed its largest-ever group of 13 judges to decide this.

On 24 April 1973, seven out of the 13 judges agreed that Parliament's power to change the Constitution was limited. Six other judges thought Parliament could change anything. Justice Khanna was one of the seven. He said that while the Constitution can be changed, Parliament cannot change its "basic structure." This means some parts of the Constitution are so fundamental that they cannot be removed or altered.

He also explained that if there were no way to change the Constitution, people might try to change it through revolution. This judgment made it clear that Parliament could amend the Constitution. But it also set limits to protect the core ideas of the Constitution.

Standing Up for Freedom: The Habeas Corpus Case

Justice Khanna is highly respected for his courage during the Indian Emergency (1975–1977). This was a time when Prime Minister Indira Gandhi declared an emergency. During this period, the government had special powers.

The Emergency started after a court ruled that Indira Gandhi's election was not valid. The government used a law called MISA. This law allowed them to arrest people without a trial. Many high courts had tried to help those arrested by saying they had a right to habeas corpus. This right means a person cannot be held without being brought before a court.

This important issue came to the Supreme Court in December 1975. The case was called Additional District Magistrate of Jabalpur v. Shiv Kant Shukla. A group of five senior judges heard the case. During the arguments, Justice Khanna asked if the government's power meant they could even take away someone's life. The government's lawyer said that even then, courts would be helpless.

In April 1976, the judges gave their decision. Four out of five judges agreed with the government. They said that during the Emergency, people could not ask for habeas corpus. This meant the government had almost unlimited power to arrest people. One judge even said that the government took "almost maternal" care of the arrested people.

But Justice Khanna disagreed. He wrote that India's laws do not allow people's lives and freedom to be controlled by the government's absolute power. He said that what was at stake was the rule of law. He believed that being arrested without a trial was wrong for anyone who valued personal freedom. He famously quoted another judge, saying that a dissenting opinion is an appeal to the future, hoping a later decision will correct a mistake.

Before giving his decision, Justice Khanna told his sister that this judgment would likely cost him the position of Chief Justice of India.

What Happened After the Habeas Corpus Case?

Justice Khanna's fears came true. In January 1977, a judge who was junior to him was appointed Chief Justice. This went against the usual practice of appointing the most senior judge. Because of this, Justice Khanna resigned from the Supreme Court on the same day.

Lawyer groups across India protested his resignation. They stopped working in courts and held marches. However, their protests did not change the decision. This was the last time a more senior judge was passed over for the Chief Justice position. Later, the judiciary gained more power over judicial appointments.

The New York Times newspaper wrote about Justice Khanna at the time. They said that if India ever returned to freedom, someone should build a monument to him. They praised him for speaking fearlessly for freedom. They also said that an independent judiciary giving in to an absolute government was almost the last step in destroying a democracy.

Many lawyers and scholars have praised Justice Khanna's dissenting judgment. A famous lawyer, Nani Palkhivala, wrote a chapter about him titled "Salute to Justice Khanna." He even suggested that Justice Khanna's statue should be in every street for his great service to justice.

In December 1978, a full-size portrait of Justice Khanna was put up in his former courtroom in the Supreme Court. He is the only person to have his portrait displayed in the Supreme Court while still alive. When the Supreme Court Bar Association asked for money for the portrait, they collected much more than needed very quickly.

Life After Being a Judge

After the Emergency ended, a new political party, the Janata Party, asked Justice Khanna to run in the elections. But he refused. He preferred to continue his private law practice. He stayed very active, even taking part in international legal discussions into his nineties.

When Indira Gandhi lost the elections in 1977, the new government wanted him to lead an investigation into the Emergency. But Justice Khanna refused. He felt it would look like he was biased against Indira Gandhi.

He was also offered the position of Chairman of the Finance Commission, but he refused that too. However, he did accept the role of Chairman of the Law Commission. He worked in this position without any pay. He resigned from it in 1979 when he became the Union Law Minister for a short time (three days) in Charan Singh's government. The entire government fell within six months.

In 1982, Justice Khanna was nominated to be the President of India. He was supported by nine different opposition parties. But the Congress Party had many more votes, so he lost to Giani Zail Singh.

He was also the national president of the Bharat Vikas Parishad from 1985 to 2000. He then became a patron of the organization. For many years, he was also a board member and chairman of the Press Trust of India, a news agency.

In 1998, he led a committee for the railway ministry. This committee looked at railway safety and suggested many improvements. In 2001, he chaired a group advising the government on making India's democracy stronger.

Justice Khanna was also a great writer. He gave many lectures, and some of them were published as books. His books mainly focused on Indian law and the Constitution. He also wrote his autobiography, Neither Roses nor Thorns, in 2003.

In one of his books, he wrote that the Indian Constitution is a gift from India's founders. He said that the people of India are responsible for protecting its values. He believed that a constitution is not just a piece of paper; it is a way of life. He emphasized that being watchful is the price of freedom.

Justice Khanna passed away on 25 February 2008, at the age of 95.

Awards and Tributes

In 1999, the Indian government honored Justice Khanna with the Padma Vibhushan. This is the second-highest award a civilian can receive in India.

Many universities gave him honorary Doctor of Law degrees. These included the University of Delhi, National Law School of India University, and his own university, Panjab University.

On his 90th birthday, the Supreme Court Bar Association gave him a special plaque. They called him a "Living Legend of Law."

Two series of lectures are held in Justice Khanna's honor. His family organized one series for some years after his death. Another series, the H.R. Khanna Memorial Lecture, is held by the KIIT Law School. An essay competition is also held in his honor every May.