Editing Judicial independence (section)

===== The ADM Jabalpur Case (Habeas Corpus Case) =====
At the center of the judicial controversy during the Emergency was the [[ADM Jabalpur v. Shivkant Shukla]] (1976) case, commonly known as the Habeas Corpus case. The question before the Supreme Court was: ''Can a person challenge unlawful detention during the Emergency when the right to life and liberty under Article 21 has been suspended?''<ref name=":1">{{Cite web |last=Dhingra |first=Anjali |date=2024-09-24 |title=A.D.M. Jabalpur vs. Shivkant Shukla (1976) |url=https://blog.ipleaders.in/adm-jabalpur-v-shivakant-shukla/ |access-date=2025-03-21 |website=iPleaders |language=en-US}}</ref><ref>{{Cite web |title=Additional District Magistrate, ... vs S. S. Shukla Etc. Etc on 28 April, 1976 |url=https://indiankanoon.org/doc/1735815/ |access-date=21 March 2025 |website=indiankanoon.org}}</ref>

In a 4:1 majority judgment, the [[Supreme Court of India|Supreme Court]] held that no person had the right to seek a writ of [[habeas corpus]] during the Emergency. This essentially gave the state unchecked power to detain individuals without trial. The lone dissent came from [[Hans Raj Khanna|Justice H.R. Khanna]], who famously ruled that ''"Even in absence of Article 21, the State has no power to deprive a person of life or liberty without authority of law."'' His courageous stand cost him the position of [[Chief Justice of India]], as he was superseded in seniority.<ref name=":1" /><ref>{{Cite web |date=2018-06-25 |title=43 years since Emergency: A look back at HR Khanna, the judge who stood up to Indira Gandhi |url=https://www.firstpost.com/india/43-years-since-emergency-a-look-back-at-hr-khanna-the-judge-who-stood-up-to-indira-gandhi-365539.html |access-date=2025-03-21 |website=Firstpost |language=en-us}}</ref>

This decision is widely regarded as a dark moment in Indian judicial history, where the judiciary was seen to have failed in its duty to protect fundamental rights.<ref name=":1" />