ADM Jabalpur v. Shivkant Shukla

ADM Jabalpur v. Shivkant Shukla
Court	Supreme Court of India
Full case name	Additional District Magistrate, Jabalpur v. Shivkant Shukla
Citation	AIR 1976 SC 1207
Case history
Subsequent action	Overruled by Puttuswamy v. Union of India
Court membership
Judges sitting	A.N. Ray, M.H. Beg, Hans Raj Khanna, Y.V. Chandrachud and P. N. Bhagwati
Case opinions
Decision by	A.N. Ray, M.H. Beg, Y.V. Chandrachud, P. N. Bhagwati and Hans Raj Khanna[1]
Concurrence	A.N. Ray, M.H. Beg, Y.V. Chandrachud and P. N. Bhagwati
Dissent	Hans Raj Khanna
Laws applied
Overruled by
Puttuswamy v. Union of India (2017)

ADM Jabalpur v. Shivkant Shukla 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 of 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 government in 1980. Bhagwati was criticized for these change of stands, favouring the ruling government, which were deemed as to have been taken to better his career prospects.^[2] Bhagwati later in 2011 agreed with popular opinion that this judgement was short-sighted and apologised.^[3][2]