A.D.M. Jabalpur v. Shiv Kant Shukla (The Habeas Corpus Case)

Dubbed as “a scar on Indian Judiciary”, the judgment exposed the dangers facing

the Constitution (read total anarchy) if the judicial wing was unwilling to stand firm and intolerant to

violation of constitutional mandate. However Justice Khanna, who gave the dissenting judgment, was

praised for his integrity of duty to deliver justice. Later, with the next government came in power, the

Constitution was amended whereby it was provided that Article 21 could not be ever suspended, even in

case of emergency. Thus the reoccurrence of such a situation has been amended by a Constitutional

Amendment where the right of life and personal liberty cannot be suspended in any situation.