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Emergency showed judiciary aligned with State power: Former CJI Gavai
Former CJI Bhushan R. Gavai criticized the 1975 Emergency, saying it exposed how the judiciary aligned with State power and that Parliament, the Executive, and the Judiciary failed in their constitutional duties. He referenced ADM Jabalpur, Justice H.R. Khanna's dissent, and later constitutional safeguards that corrected the system. The remarks highlight ongoing debates about constitutional supremacy and judicial restraint.
Why It Matters
The remarks challenge narratives about institutional independence during emergencies and emphasize the need for checks and constitutional accountability, while underscoring the evolution of the basic structure doctrine and fundamental rights protections.
Timeline
8 Events
May 9, 2026 – Gavai memorial lecture remarks on the Emergency and the judiciary
May 9, 2026
Former CJI Bhushan R. Gavai delivered remarks on the 1975 Emergency, stating the period exposed how the judiciary aligned with State power and that Parliament, the Executive, and the Judiciary all failed in their constitutional duties.
KS Puttaswamy v. Union of India (2017) – recognition of flaws in ADM Jabalpur
2017
Justice KS Puttaswamy vs Union of India (2017) formally acknowledged that ADM Jabalpur was seriously flawed.
Minerva Mills v Union of India (1980) – furthering the basic structure doctrine
1980
Minerva Mills v Union of India (1980) is cited as part of the evolution of the basic structure doctrine.
44th Constitutional Amendment (1978) – protection of Article 21 rights
1978
The 44th Constitutional Amendment ensured that the right to life and personal liberty under Article 21 could not be suspended even during an Emergency.
Justice H.R. Khanna’s dissent in ADM Jabalpur (1976) – a high watermark of judicial courage
1976
Justice H.R. Khanna authored a lone dissent arguing that the right to life and personal liberty is a basic postulate of the rule of law and cannot be extinguished even during an Emergency; he was superseded for not aligning with the majority.
ADM Jabalpur judgment (1976) – majority view during Emergency
1976
The Supreme Court’s majority in ADM Jabalpur held that during the Emergency, enforcement of fundamental rights stood suspended and citizens had no locus to approach courts against unlawful detention.
Emergency declared in India (1975) and period of suspension of civil liberties
1975
The Emergency was imposed by the Indira Gandhi government in 1975 and lasted until 1977, during which civil liberties were suspended.
Kesavananda Bharati v. State of Kerala (1973) – basic structure doctrine evolution
1973
The article references Kesavananda Bharati v. State of Kerala (1973) as an early milestone in the evolution of the basic structure doctrine guiding constitutional supremacy.