Yeshwant Vishnu Chandrachud

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The Honorable Y. V. Chandrachud (Yeshwant Vishnu Chandrachud) served as the Chief Justice of India from February 22, 1978 to the day he retired on July 11, 1985. He was born in Poona in the state of Maharashtra on July 12, 1920. He was first appointed Judge to the Supreme Court of India on August 28, 1972.

1 The Habeas Corpus Case
2 Personal Life
3 References
4 External links

[edit] The Habeas Corpus Case

In one of the most notable cases in Indian constitutional history, during the Indian Emergency (1975-1977) of Indira Gandhi, a bench constituted of the five most senior judges of the Supreme court of India heard the famous Habeas Corpus case, where detenues under the restrictive Maintenance of Internal Security Act had argued that the right to habeas corpus (article 21 in the Indian constitution) could not be suspended even during periods of national emergency.

Despite widespread high court support for Habeas Corpus, Justice Chandrachud went along with Justices A.N. Ray, P.N. Bhagwati, and M.H. Beg, to reject this position^[1], stating that

In view of the Presidential Order dated 27th June 1975 no person has any locus to move any writ petition under Art. 226 before a High Court for habeas corpus or any other writ or order or direction to challenge the legality of an order of detention.

The only dissenting opinion was from Justice H. R. Khanna, who has been widely acclaimed for this act.