There are moments in history when one man’s courage defines the soul of a nation. For India, that moment came in 1976 during the dark days of the Emergency. And the man who stood tall, almost alone, was Justice Hans Raj Khanna. His dissenting judgment in the infamous ADM Jabalpur case has since become a symbol of judicial independence and moral courage.
🌱 Early Life and Journey into Law
Born in 1912 in Amritsar, Justice Khanna grew up in a family that valued honesty and education. His father, Sarb Dayal Khanna, was a lawyer, and young Hans Raj inherited a love for the law from him.
After completing his education in law, Khanna began practicing at the Amritsar District Court. Soon, he earned a reputation for fairness and clarity. His legal career eventually took him to the Punjab High Court, where he became a judge in 1952. By 1971, he had risen to the Supreme Court of India.
At every stage, Khanna carried with him one principle: justice must stand above fear.
⚖️ The Emergency – A Dark Chapter
In June 1975, Prime Minister Indira Gandhi declared a state of Emergency, suspending civil liberties and concentrating power in the hands of the government. It was a time when dissent was silenced, political opponents were jailed, and the Constitution itself seemed under siege.
The most infamous case of this period was ADM Jabalpur vs. Shivkant Shukla (1976), also known as the Habeas Corpus case. The question before the Supreme Court was chilling: Do citizens have any right to life and liberty during the Emergency, or can the government detain anyone without justification?
🌟 The Lone Dissenter
Four judges of the five-judge bench ruled in favor of the government, holding that during the Emergency, even the fundamental right to life could be suspended.
But Justice H. R. Khanna stood against them — and against the might of the government. In a powerful dissent, he declared:
“Even in the absence of Article 21, the State has no power to deprive a person of his life or liberty without the authority of law. Without such sanctity, the life of an individual would be at the mercy of absolute power.”
He reminded the nation that rights are not gifts from the government but inherent to human beings. His was the only voice of courage in a courtroom otherwise subdued by fear.
🙏 The Price of Courage
Justice Khanna knew the cost of his decision. At the time, he was next in line to become the Chief Justice of India. But because of his dissent, he was superseded by a junior judge when the government appointed the next CJI.
He resigned soon after. His sacrifice became legendary, for he chose principles over position, truth over power, and justice over ambition.
🌍 Legacy
Justice Khanna’s dissent was initially criticized, but history proved him right. Years later, the Supreme Court itself acknowledged that ADM Jabalpur was wrongly decided. Today, Khanna’s dissent is celebrated as one of the most courageous judgments in Indian judicial history.
His name lives on not just in law books but also in India’s collective memory as the judge who reminded us that democracy dies when the judiciary bows to fear.
💡 Lessons for Today’s Generation
From Justice Khanna’s life, there are lessons that every young person can carry forward:
- Stand firm for what is right. Even if the whole world disagrees, truth has a way of surviving.
- Integrity is greater than ambition. Power and position are temporary; principles are eternal.
- Courage inspires generations. One act of bravery can echo through decades.
✨ Closing Thought
Justice H. R. Khanna was not just a judge; he was the conscience of a nation during its darkest hour. His dissent, though lonely, became the voice of India’s democracy.
Today, whenever we speak of judicial independence, whenever we remind ourselves that no government is above the Constitution, we remember the man who dared to say “No” when it mattered most.
His story is proof that sometimes, a single courageous voice can be louder than a chorus of silence.
Justice H. R. Khanna — the eternal symbol of courage in Indian judiciary.
