Hans Raj Khanna (3 July 1912 – 25 February 2008)[1][2] was an Indian judge, jurist and advocate who propounded the basic structure doctrine in 1973 and attempted to uphold civil liberties during the time of Emergency in India in a lone dissenting judgement in 1976.

His view that these inalienable rights cannot be deprived by executive decree, even during a period of national emergency, is praised for his 'fearlessness' and 'eloquence'.

Khanna had previously authored the basic structure doctrine of the Constitution of India in Kesavananda Bharati v. State of Kerala, which curtailed Parliament's seemingly unfettered amending power under article 368, restricting its scope of amendment in areas which were part of the Constitution's "basic structure".

After resigning from the Supreme Court, he served as the central minister of law and justice for a very short period of three days in the Charan Singh Ministry after the fall of the Indira Gandhi Government, and was later made a combined opposition-sponsored candidate for election as President in 1982, losing to Zail Singh.

In 1999, he was awarded the Padma Vibhushan in recognition of his career in judicial service, the second-highest civilian honor given by the Government of India.

The family hailed from a trading tradition, but Khanna’s father had become a leading lawyer and later, the mayor of Amritsar.

In January 1952 he was nominated by Sir Eric Weston, Chief Justice of Punjab, as District and Sessions Judge.

The judgment clarified and partially overruled the court's earlier verdict in Golak Nath by holding that Parliament could amend the Constitution, particularly the property right.

Justice Khanna is renowned for exhibiting immense courage during the Indian Emergency (1975–1977) declared by Indira Gandhi.

[10] The emergency was declared when Justice Jagmohanlal Sinha of the Allahabad High Court invalidated the election of Indira Gandhi to the Lok Sabha in June 1975, upholding charges of electoral fraud,[10] in the case filed by Raj Narain.

Owing to the repressive Maintenance of Internal Security Act (MISA) which provided for the unlawful detainment of individuals without trial, several high courts had given relief to the detainees by accepting their right to habeas corpus as stated in Article 21 of the Indian constitution.

[11] The bench opined in April 1976, with the majority deciding against habeas corpus, permitting unrestricted powers of detention during an emergency.

Beg, stated in the majority decision:[11] Given the Presidential Order [declaring emergency] no person has any locus to move any writ petition under Art.

He wrote in his dissenting opinion: The Constitution and the laws of India do not permit life and liberty to be at the mercy of the absolute power of the Executive .

The question is whether the law speaking through the authority of the court shall be silenced and rendered mute... detention without trial is an anathema to all those who love personal liberty.

[11]Before delivering this opinion, Justice Khanna mentioned to his sister: I have prepared my judgment, which is going to cost me the Chief Justice-ship of India.

The submission of an independent judiciary to an absolutist government is virtually the last step in the destruction of a democratic society, and the Indian Supreme Court's decision appears close to utter surrender.

[14]This judgment has been consistently lauded by lawyers, scholars, and intellectuals alike and has been compared to the dissent of Lord Atkin in Liversidge v Anderson.

Nani Palkhivala's book, which came out soon after the emergency was revoked, carried a full-fledged chapter on him titled, "Salute to Justice Khanna".

Upon the suspension of the emergency, the Janata Party which was preparing for the impending elections urged him to contest them but he refused and preferred instead to carry on chamber practice.

Among the books he has authored, are "Judicial Review or Confrontation" (1977), Constitution and civil liberties (1978, based on the B. R. Ambedkar memorial lectures), Making of India's Constitution (1981, based on the Sulakshani Devi Mahajan lectures), "Judiciary in India and Judicial Process" (1985, based on the Tagore Law Lectures), Liberty, Democracy and Ethics, Society and the Law, which mainly deal with Indian law and the constitution.

On the occasion of his 90th birthday, the Supreme Court Bar Association presented him with a plaque conferring upon him the title of "Living Legend of Law".

A series of lectures were organized by Justice Khanna's family for some years after his death but were subsequently discontinued.