“Rule of Law is the antithesis of arbitrariness in all civilized societies. It has come to be regarded as mark of a free society. It seeks to maintain the balance between the opposite notions of individual liberty and public order” this was opined by whom in famous ‘Habeas Corpus’ case ?

All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

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32.

“Rule of Law is the antithesis of arbitrariness in all civilized societies. It has come to be regarded as mark of a free society. It seeks to maintain the balance between the opposite notions of individual liberty and public order” this was opined by whom in famous ‘Habeas Corpus’ case ?

A: Justice H.R Khanna

B: Cheif Justice Ray

C: Justice Chandrachud

D: Justice Bhagwati

The answer is: A

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Explanation

The correct option is A: Justice H.R Khanna.

He was the only dissenting judge in the famous Habeas Corpus case, also known as ADM Jabalpur v Shivkant Shukla. He upheld the right to life and liberty even during the Emergency period, when the government had suspended the fundamental rights of the citizens. He opined that the rule of law is the antithesis of arbitrariness and a mark of a free society. He said:

"Rule of Law is the antithesis of arbitrariness in all civilized societies. It has come to be regarded as mark of a free society. It seeks to maintain the balance between the opposite notions of individual liberty and public order. The principle that no one shall be deprived of his life or personal liberty without the authority of law is rooted in the consideration that life and personal liberty are priceless possessions which cannot be deprived except according to procedure established by law."

His dissenting judgement is widely regarded as one of the most courageous and principled judgements in the history of Indian judiciary. He was also praised by many eminent jurists and scholars for his stand. He later became the Chief Justice of India in 1977.