a republic day story

​A Republic Day Story
When the case of ‘Additional District Magistrate of Jabalpur v. Shiv Kant Shukla’ came up before the Supreme Court of India, it’s fate was already decided. This was a case of unlawful detention. The court needed to opine whether the right to life & liberty stood valid in a state of Emergency. Given that the law of the day allowed (in case of Emergency)for the suspension of Article 21 of the constitution, the decision wasn’t a difficult one. Indeed, four judges of the bench decided to toe the line of the government. All four retired as Chief Justices of India.
The lone judge who dissented was the one who was in fact the next in line for the post of CJI. He knew (as came to be known later from a letter he had written to his sister) that his dissent will cost him that apex post. What’s hugely remarkable is that he also knew his dissent will be in a minority; and that it will have no effect on the final outcome of the case.
And yet, the honourable Justice Hans Raj Khanna decided to dissent. His reason?
‘A dissent is an appeal to the brooding spirit of the law, to the intelligence of a future day, when a later decision may possibly correct the error into which the dissenting Judge believes the court to have been betrayed.’
As Justice Khanna had hoped, the eventual 44th amendment came to lay strict safeguards for suspension of fundamental rights.
Then, as we celebrate the constitution this Republic Day, lets not forget the sacrifices that have held it together.
सलाम खन्ना साहब!