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Introduction to Jurisprudence
Jurisprudence
Study material
Explained in
Published material from The Law Easy that cites Article 359.
Video lectures
12:24
Complete courses
3h 4m
Notes and articles
Constitutional Law II Case compilation
57 Landmark Constitutional Cases: Complete Notes
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
Constitutional Law II Complete notes
Constitutional Law II: Complete Notes
Constitutional Law II deals with civil liberties. It is studied in eight units, from the question of who is a citizen of India to how the Constitution enforces the rights it gives. These rights are at work in ordinary life: when a person speaks his mind online, prays in his own way, or is stopped b…
130 min read
Case laws
Habeas Corpus case (ADM Jabalpur)
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).
Constitutional Law II
Practice MCQs
4 practice questions test this article.
- 1 According to the lecture, what change did the Forty-fourth Amendment Act of 1978 make to Article 359?
- 2 After the Constitution (44th Amendment) Act, 1978, which responded to the A.D.M. Jabalpur decision, the enforcement of which Articles cannot be suspended in any emergency under Article 359?
- 3 After the Forty-fourth Constitutional Amendment of 1978, which change was made regarding the suspension of fundamental rights during an Emergency?
- 4 In the A.D.M. Jabalpur case (1976), which line of reasoning does the lecture attribute to Justice H. R. Khanna's dissent?
Official text
We show statutory text only after checking it word for word against the official source. Read Article 359 of the Constitution of India on India Code.
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