ADM Jabalpur v. Shivkant Shukla

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ADM Jabalpur v. Shivkant Shukla, AIR 1976 SC 1207, was a landmark judgement of the Supreme Court of India pertaining to the suspension of Articles 21 and 226 of the Indian Constitution in the event of a National Emergency. This controversial judgment of P.N. Bhagwati, decreed during the emergency from 25 June 1975 to 21 March 1977, held that a person's right to not be unlawfully detained (i.e. habeas corpus) can be suspended in the interest of the State. This judgment received a lot of criticism since it reduced the importance attached to Fundamental Rights under the Indian Constitution. Going against the previous decisions of High Courts, the bench which included P. N. Bhagwati concluded by a majority 4:1 in favour of the then Indira Gandhi government while only Justice Hans Raj Khanna was opposed to it. Bhagwati openly praised Indira Gandhi during the Emergency period, later criticized her when Janata Party-led government was formed and again backed Gandhi when she got re-elected to form...

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