Who invoked Charles Evans Hughes’s phrase ‘brooding spirit of the law’ in a dissent in the Supreme…
The 28 April 1976 judgment in ADM Jabalpur includes a dissent by Justice H. R. Khanna. Near the end of his dissent, Khanna quotes Hughes’s description of a dissent as an…
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Who invoked Charles Evans Hughes’s phrase ‘brooding spirit of the law’ in a dissent in the Supreme Court of India’s 1976 decision in ADM Jabalpur v. Shivakant Shukla?
Answer and explanation
Correct answer D
The 28 April 1976 judgment in ADM Jabalpur includes a dissent by Justice H. R. Khanna.
Near the end of his dissent, Khanna quotes Hughes’s description of a dissent as an appeal to the ‘brooding spirit of the law’.
Option feedback
Option A
M. C. Chagla is not an author of the opinions in the 1976 decision.
Option B
Saiyid Fazl Ali is not an author of the opinions in the 1976 decision.
Option C
A. N. Ray gave a majority opinion. The passage appears in Khanna’s separate dissent.
Option D
Khanna’s dissent invokes Hughes’s description of a dissent as an appeal to future judgment.
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