ISSUE:
Whether the ordinance issued by the President on June 27, 1975, was unconstitutional?
Whether a writ petition of Habeas Corpus under Article 226 of the Indian Constitution is maintainable for enforcing Article 21 during a national emergency proclaimed under Article 359(1) of the Constitution?
Whether there was any scope for judicial review during an emergency?
RULE:
Presidential Supremacy during Emergency - During a declared Emergency, Presidential orders have ultimate authority over fundamental rights and executive actions cannot be challenged in courts, even if they are arbitrary.
Doctrine of Eclipse - The fundamental rights are not permanently extinguished but temporarily suspended or 'eclipsed' during the Emergency period and automatically revive once Emergency is lifted.
Parliamentary Sovereignty - Parliament has supreme power to modify or suspend fundamental rights during Emergency, and courts must defer to legislative wisdom during such times.
Doctrine of Basic Rights (from Justice Khanna's dissent) - Certain fundamental rights exist independent of the Constitution and cannot be suspended even during Emergency, as rule of law must prevail over arbitrary state action.