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Waman Rao v. Union of India
Constitutional Law II
Study material
Published material from The Law Easy that cites Article 352.
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Constitutional Law II
About this topic ▶ Watch this part of the lecture (0:00) These notes cover the 57 most important cases of Indian Constitutional Law . They are the cases that keep coming up in LL.B. examinations, in judiciary examinations and in every serious discussion of constitutional law. Every case is studied…
411 min read
Definition: Constitutionalism is a system that gives legitimacy to a democratic government.
69 min read
Supreme Court of India · 1976
During the 1975 Emergency, a five-judge bench held by a 4:1 majority that once the enforcement of Article 21 was suspended by a Presidential order under Article 359(1), no person had locus standi to file a habeas corpus petition under Article 226, even against an illegal detention. Justice H. R. Khanna's lone dissent, which said that the right to life and liberty does not come from the Constitution alone, is celebrated as the moral high point of the judiciary. The judgment was later answered by the Forty-fourth Amendment (1978) and expressly overruled in K. S. Puttaswamy v. Union of India (2017).
We show statutory text only after checking it word for word against the official source. Read Article 352 of the Constitution of India on India Code.
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