The Constitution Bench by a majority of 4:1, ruled that while a proclamation of emergency is in operation, the right to move High Courts under Article 226 for Habeas Corpus challenging illegal detention by the State will stand suspended. The apex Court said, If extraordinary powers are given, they are given because the Emergency is extraordinary, and are limited to the period of the Emergency.
(1976) 2 SCC 521
Art 226, Constitution, Fundamental Rights, Habeas Corpus, Writ
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