Ash*t Mehta Associates

The Case: During the Emergency imposed by Prime Minister Indira Gandhi in 1975, the government suspended fundamental rights, allowing citizens to be jailed without trial. The Supreme Court heard the case to determine whether citizens could challenge their illegal detention.The Dissent: A five-judge bench ruled 4-1 in favor of the State, stating that citizens had no right to approach the courts for remedy during the Emergency. Justice Khanna was the sole dissenting judge. In his historic dissent, he argued that the right to life and personal liberty is an inalienable natural right, not a gift granted by the State or the Constitution.Supersession and Resignation: Because of this courageous stand, Indira Gandhi bypassed Justice Khanna—who was the senior-most judge—for the position of Chief Justice of India in 1977. In protest of this supersession, he immediately resigned from his post.