Category: Legal Biographies
Author: Aman Kumar Choudhary
“A dissent is not a mere disagreement. It is a warning bell for the future.” – Justice H. R. Khanna
In a world where silence is often safe and obedience is rewarded, there are very few who choose to speak when speaking costs everything.
Justice Hans Raj Khanna was one such man.
Not because he wanted glory.
Not because he wanted to be remembered.
But because, at the most dangerous moment in India’s democratic history, he did what only legends do — he stood alone.
This is not just the story of a judge.
This is a story about courage, sacrifice, and the quiet roar of integrity.
And if you’re someone trying to build something meaningful in this broken world, this story is your fuel.
Early Life: Foundations of a Spine Made of Steel
Born on July 3, 1912, in Amritsar, Punjab, H. R. Khanna came from a family rooted in law and justice. His father, Sardari Lal, was a freedom fighter and lawyer who spent years imprisoned for opposing British rule.
Young Hans Raj grew up hearing stories about resistance, about moral clarity — about standing for what’s right, no matter the cost.
He completed his law studies from Government Law College, Lahore, and started his legal career with humble cases — but he never lost sight of the power of the Constitution or the dignity of the human being.
The Rise: A Judge of Principle
Khanna rose through the ranks with calm brilliance — from a lawyer to a judge in the Punjab High Court, then Chief Justice of Delhi High Court, and eventually to the Supreme Court of India in 1971.
Colleagues described him as:
- Soft-spoken, yet unshakably firm.
A man of wisdom, yet not intoxicated by power.
A judge who preferred truth over tradition.
But what set him apart wasn’t just legal skill. It was the clarity of conscience that whispered to him, even in silence:
“Do not fear. The law must serve liberty.”
And that voice would soon be tested by fire.
The Emergency: The Day Democracy Almost Died
In June 1975, Prime Minister Indira Gandhi declared a National Emergency in India — suspending civil liberties, jailing opposition leaders, and unleashing censorship like never before.
This wasn’t just politics.
This was the Constitution gasping for breath.
During this time, a case came before the Supreme Court that would go down as the most infamous moment in Indian legal history:
A.D.M. Jabalpur v. Shivkant Shukla (1976)
Also known as: The Habeas Corpus Case
The central question:
“Does a citizen have any right to life and liberty when Emergency is declared?”
The government argued:
“No. The Constitution allows the suspension of even Article 21 — right to life — during an Emergency.”
And shockingly, the Supreme Court — the guardian of rights — agreed.
All the judges… except one.
The Dissent Heard Across Generations
Justice Khanna, alone, delivered a powerful dissent:
“Even in the absence of Article 21, the State has no power to deprive a person of his life or liberty without the authority of law.”
It was not just a dissent — it was a roar against tyranny.
He knew what it would cost.
He was the most senior judge after the Chief Justice, and traditionally, he would have been the next Chief Justice of India.
But he chose truth.
“The Constitution is not a parchment of paper. It is a vehicle of life.” – Justice Khanna
The next day, as predicted, he was superseded. A junior judge was made CJI.
Just think about this:
He gave up the highest seat in Indian judiciary to protect one sentence: “You cannot jail a citizen without law.”
What Did He Gain?
Nothing.
No awards.
No political party behind him.
No wealth. No fame.
But he earned something greater:
Immortality in the conscience of India
A legacy that law students whisper with reverence
And the silent respect of every real judge that came after him
In 2006, when he passed away, the Supreme Court paused. And across the legal world, people stood in silence — not just for a man, but for a moral compass.
Life After the Courtroom :-
After his historic dissent and the loss of the Chief Justice position, Justice H.R. Khanna resigned from the Supreme Court in 1977.
He could’ve been bitter.
He could’ve spoken out.
He could’ve written scathing memoirs and attacked the government or the judiciary.
But he didn’t.
Because he was not driven by revenge — he was driven by dharma.
In fact, the irony of history struck within a year:
The Emergency was lifted, general elections were held, and Indira Gandhi’s government was defeated.
And suddenly, the same man who was once sidelined was offered the position of India’s Law Minister.
And guess what?
He refused it.
Not because he didn’t deserve it — but because he believed the judiciary must remain independent of politics, even after retirement.
How many people walk away from power twice in a lifetime?
How many remain calm after being denied what was rightfully theirs — not once, but twice?
Justice Khanna’s Post-Retirement Life
He lived quietly, in Delhi.
He spoke rarely — only when the voice of justice was needed.
In 1979, he became the Chairman of the Law Commission of India, where he focused on judicial reform, human rights, and constitutional interpretation.
Unlike others who chase media, Justice Khanna avoided publicity. He believed the law must shine, not the lawyer.
Even in retirement, he remained the invisible backbone of India’s moral conscience.
What Law Students & Young Advocates Learn From Him
Today, in every law school of India — from NLU Delhi to a small classroom in Bihar — Justice Khanna’s name is taught as an example of judicial courage.
Law students study his dissent in ADM Jabalpur as a case not of failure, but of moral victory.
He didn’t “lose” that case.
He won something bigger — he showed us that:
“Even if 4 judges bow, one judge standing upright is enough to save the Constitution.”
That’s why the ADM Jabalpur judgment is now considered a dark spot in Indian judicial history — but Khanna’s dissent is seen as light.
His Influence on Modern Constitutional Thinking
Many landmark judgments that came decades later carry the spirit of Justice Khanna:
Puttaswamy v. Union of India (Right to Privacy) — his logic on fundamental rights influenced this.
Navtej Singh Johar (LGBTQ+ Rights) — reflects his belief that the Constitution must grow with society.
Dissenting opinions in newer cases now hold much more weight, because Khanna proved a lone voice can shape history.
In fact, when Chief Justice D.Y. Chandrachud gave a dissenting opinion in 2018, he publicly said:
“I stand inspired by Justice Khanna.”
Awards, Recognition & National Respect
Justice Khanna received the Padma Vibhushan in 1999, India’s second-highest civilian award.
But more than medals or titles, he earned what no award can give:
The lifelong respect of every person who values truth over title.
There are courtrooms named after him, law lectures held in his honor, and legal professionals across the globe who consider him the conscience of India’s judiciary.
What We Can All Learn From Justice Khanna
You don’t have to be a judge to live like Justice Khanna.
You could be:
A startup founder pressured to take shortcuts
A journalist asked to hide the truth
A student tempted to copy assignments
A young professional stuck between honesty and success
In all these moments, you stand at your own ADM Jabalpur.
Will you say yes and blend in?
Or will you say no and stand alone?
Justice Khanna teaches us that:
Real power is not in the position, but in your principles.
Sometimes, you lose your promotion but win the respect of generations.
Even if history forgets you today, conscience remembers you forever.
Final Reflection: The Man Who Gave India Its Voice Back
In a world obsessed with winning, H. R. Khanna showed us how to lose beautifully — with dignity, with silence, and with unmatched power.
He may have walked out of the courtroom…
But he walked straight into the pages of Indian history as a man who refused to kneel.
So if you’re feeling lost, underestimated, or forced to compromise — remember this:
One person with integrity is stronger than 100 without.
Justice H. R. Khanna was that one.
Now it’s your turn.
