The Emergency, Future Safeguards, and the Habeas Corpus Case: A Criticism

39th Amendment 42nd Amendment 4th Amendment A.SC abuse Act and Rules amending power Article 21 authority challenge Chandrachud Chief Justice citizens clause conferred by Art Constitution deprived detention order due process election enacted enforcement ex facie executive exercise funda fundamental rights fundamental rights conferred Gandhi's Gopalan's Government of India ground Habeas Corpus habeas corpus petition Heuston High Court Home Secretary ibid illegal India Act internal disturbance italics supplied judges judicial judiciary legislative power legislature Liversidge Lord Atkin Lord Finlay majority judgments Makhan Singh's mala fide ment mental rights move any court necessary non-citizens offence order of detention Parliament party passed personal liberty plea present writer President President's Rule Presidential Order preventive detention private defence proclamation of emergency protection question reasonable cause referred Regulation repealed require right of private right under Art safeguards Secondly secure Seervai specified Subba Rao Supreme Court tion Union void words writ