In which year did the Supreme Court over-rule the High Courts to decide that during Emergency the government could take away the citizen's right to life and liberty?

1976

The correct answer is Option (4) → 1976

In 1976, during the Emergency, the Supreme Court of India gave a controversial judgment in the ADM Jabalpur v. Shivkant Shukla case (also known as the Habeas Corpus case). It overruled the High Courts and held that during Emergency, when Fundamental Rights were suspended, even the right to life and liberty under Article 21 could not be enforced by the courts.

"Using preventive detention acts, the government made large scale arrests during the Emergency. Arrested political workers could not challenge their arrest through habeas corpus petitions. Many cases were filed in the High Courts and the Supreme Court by and on behalf of arrested persons, but the government claimed that it was not even necessary to inform the arrested persons of the reasons and grounds of their arrest. Several High Courts gave judgments that even after the declaration of Emergency the courts could entertain a writ of habeas corpus filed by a person challenging his/her detention. In April 1976, the constitution bench of the Supreme Court over-ruled the High Courts and accepted the government’s plea. It meant that during Emergency the government could take away the citizen’s right to life and liberty. This judgment closed the doors of judiciary for the citizens and is regarded as one of the most controversial judgments of the Supreme Court."