MAKHAN SINGH versus STATE OF PUNJAB

MAKHAN SINGH versus STATE OF PUNJAB

The right to move the High Courts under s. 491(1)(b) of the Code of Criminal Procedure for the enforcement of fundamental rights under Articles 14, 21, and 22 was suspended by the Presidential Order issued under Article 359(1) of the Constitution during the Emergency. Therefore, such proceedings were incompetent insofar as they sought to challenge detentions on the ground that the Act and Rules under which detention orders were made contravened those articles. However, challenges based on grounds outside the specified fundamental rights or demonstrating that the detention is not in accordance with law, mala fide, or beyond powers could still be entertained.

Parties
Appellant: Makhan Singh; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
02 September 1963
Procedural Posture
Appeals (and Connected Appeals) / Judgment on Constitutional Points; Remitted to Constitution Bench for Remaining Issues
Outcome
Appeals dismissed on constitutional points by majority; to be set down before a Constitution Bench for further issues.
Legal Topics
Emergency Powers, Preventive Detention, Fundamental Rights—suspension, Scope of Presidential Order Under Article 359
Constitutional Law Criminal Law Emergency Powers Preventive Detention Fundamental Rights—suspension Scope of Presidential Order Under Article 359

Case Brief

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Parties

Makhan Singh

Appellant

State of Punjab

Respondent

Procedural Posture

Appeals (and Connected Appeals) / Judgment on Constitutional Points; Remitted to Constitution Bench for Remaining Issues

Legal Issues

  1. 1 What is the scope and effect of a Presidential Order issued under Article 359(1) of the Constitution?
  2. 2 Does the bar created by the Presidential Order operate with respect to applications under s. 491(1)(b) of the Criminal Procedure Code?

Ratio Decidendi

The right to move the High Courts under s. 491(1)(b) of the Code of Criminal Procedure for the enforcement of fundamental rights under Articles 14, 21, and 22 was suspended by the Presidential Order issued under Article 359(1) of the Constitution during the Emergency. Therefore, such proceedings were incompetent insofar as they sought to challenge detentions on the ground that the Act and Rules under which detention orders were made contravened those articles. However, challenges based on grounds outside the specified fundamental rights or demonstrating that the detention is not in accordance with law, mala fide, or beyond powers could still be entertained.

Court Disposition

Appeals dismissed on constitutional points by majority; to be set down before a Constitution Bench for further issues.

Orders

  • Appeals on constitutional points dismissed in accordance with the majority opinion.
  • Appeals to be individually set down before a Constitution Bench for dealing with outstanding contentions in each case.