Abstract

The current case commentary deals with ADM Jabalpur, one of the most horrifying judgements in Indian history. The case commentary is structured right from the Historical Background and facts of the case, which deals with how the case originated from that of Indira Gandhi vs Raj Narain and the Maintenance of Internal Security Act. The paper critically analyses how the judgement is flawed as it takes away the fundamental rights of the citizens, right from Articles 14, 19, 21 and 22. Citizens were not allowed file a Writ Petition to the Court under Article 226 and the entire reasoning for the same was illogical. Moreover, on various other things, right from their interpretation of the Makhan Singh case to that on the issue of Mala-fides and why the rights of citizens should be taken away, the Court’s reasoning is extremely flawed. The paper however agrees with Justice Khanna’s dissent and the way he interpretated the law correctly. A brief aftermath and conclusion include how the horrendous decision was overturned, the 44th Amendment was brought it and concluded on how till date, this judgement deems to be terrifying as the rule of law was completely ignored.

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