CASE COMMENTARY ON ADM JABALPUR VS SHIV KANT SHUKLA (AIR 1976 SC 1207)

Author: Shubham Garg & Jaisika Bansal, Students of Maharishi Markandeshwar (Deemed to be University), Mullana, Ambala

Best Citation – Shubham Garg & Jaisika Bansal, CASE COMMENTARY ON ADM JABALPUR VS SHIV KANT SHUKLA (AIR 1976 SC 1207), SUPREME COURT JUDGEMENT REPORTER, 1 (1) of 2023, Pg. 53-57, ISBN – 978-81-960677-8-6.

Abstract

The Maintenance of Internal Security Act was a controversial law passed by Indian Parliament in 1971 giving the administration of Prime Minister Indira Gandhi and Indian law enforcement agencies very broad powers indefinite preventive detection of individual search and seizure of property without warrant. The act was enacted on July 2, 1971 and replaced the previous ordinance, the “Maintenance of Internal Security Ordinance” promulgated by the President of India on May 7th, 1971. This act was the violation of article 21 and article 14 of the Indian Constitution.

Key Words: Constitution, Supreme Court, Emergency, Parliament, State, Power, Fundamental Rights, Judgement, Government.