Justice H.R. Khanna (1912–2008) was an eminent Indian judge known for his courageous defense of the rule of law and fundamental rights, particularly during the period of Emergency (1975–77) under Prime Minister Indira Gandhi. His career, both in the judiciary and in politics, was marked by his unwavering commitment to justice, which earned him a revered place in Indian history.
Justice Harbans Singh Khanna was born on 12 July 1912 in Amritsar, Punjab, British India. He pursued his education in law at the Government College in Lahore, where he earned his law degree. After completing his education, he practiced law in the Lahore High Court, eventually becoming a distinguished advocate. His legal acumen led to his appointment as a judge in the Delhi High Court in 1967, and later, in 1971, he was appointed as a judge in the Supreme Court of India.
Justice Khanna’s short foray into politics came after his retirement from the judiciary. He was appointed as the Minister for Law and Justice in the government of Prime Minister Charan Singh from 30 July to 3 August 1979—a period of just five days. His appointment was amidst political instability as Charan Singh’s government struggled to maintain majority support in the Parliament.
Charan Singh’s government came to an abrupt end when it failed to pass a vote of confidence in Parliament, resulting in its collapse. Justice Khanna’s tenure as the Minister for Law and Justice was thus brief, and his political career never extended beyond this brief ministerial role. Despite the short duration of his political involvement, his legacy as a lawyer and a judge overshadowed this phase.
Justice Khanna’s legacy is most profoundly linked to his time in the judiciary, particularly his landmark dissenting judgment in the ADM Jabalpur case (1976). The case came during the period of Emergency declared by Indira Gandhi, which was a time of political unrest and widespread human rights violations.
In the ADM Jabalpur case, the government argued for the suspension of the right to move courts for the protection of fundamental rights during the Emergency, effectively allowing for indefinite detention without trial. Justice Khanna, in a remarkable dissenting opinion, upheld the fundamental rights of citizens, arguing that the Constitution does not allow the suspension of these rights, even in times of national emergency.
His dissent was significant for its defense of the rights of individuals against potential authoritarianism and government overreach. Justice Khanna’s courageous stance cost him the position of Chief Justice of India. The then Prime Minister Indira Gandhi, who had strong political interests in curbing judicial independence during the Emergency, superseded Justice Khanna by appointing Justice M.H. Beg (a junior judge) as the Chief Justice of India. This decision sparked a major controversy, and Justice Khanna’s supersession was widely seen as a blow to judicial independence in India. However, his dissent in the ADM Jabalpur case is still celebrated as one of the finest moments in the history of Indian jurisprudence.
After his retirement from the Supreme Court in 1977, Justice Khanna briefly ventured into politics. He joined the Janata Party, which had come to power following the lifting of the Emergency and the defeat of Indira Gandhi in the 1977 general elections. The Janata Party was a coalition of various political forces opposed to the authoritarian excesses of the Emergency period.
Justice Khanna’s involvement in politics culminated in his brief tenure as the Minister for Law and Justice in the government led by Charan Singh in 1979. His appointment came during a period of political turmoil, with Charan Singh’s government struggling to maintain support in the Parliament. The government failed to secure a vote of confidence, leading to its downfall within a few days of Justice Khanna’s appointment. His political involvement was thus short-lived, and he returned to his advocacy of judicial independence and democracy after the fall of the Charan Singh government.
Justice H.R. Khanna’s contribution to Indian jurisprudence remains invaluable. His dissent in the ADM Jabalpur case is often regarded as a beacon for upholding the principles of democracy, human rights, and the rule of law. In the face of intense political pressure during the Emergency, Justice Khanna showed remarkable courage and integrity by standing firm on constitutional principles, earning respect across India and internationally.
Though his political career was brief, Justice Khanna’s judicial legacy continues to inspire generations of lawyers, judges, and citizens. He is often regarded as one of the finest judges to have served in the Supreme Court of India, particularly for his adherence to the values of justice and constitutionalism.
His life is a testament to the importance of judicial independence and the necessity of safeguarding fundamental rights, even in the face of political and governmental pressures. His contributions to the judiciary and to Indian democracy are still widely remembered and celebrated.
Justice H.R. Khanna passed away on 17 February 2008, but his legacy lives on through his remarkable judgments and his unwavering commitment to justice.
