In the Indian legal system, AK Gopalan v. State of Madras (1950) is a defining case. The case gave the Indian judiciary a chance to interpret the Fundamental Rights of the Constitution more broadly. Several clauses from the Indian Constitution’s Chapter on Fundamental Rights are being scrutinized for the first time in this case before the Supreme Court. The crucial points 19, 21, and 22 were addressed in this instance.

March 7, 2023by Primelegal Team0

Facts: According to the 1950 Preventive Detention Act, A.K. Gopalan was detained. He claims that he has been detained since 1947 without being put on trial. The criminal provisions that had been repealed applied to him, and he was held responsible. While he was still detained, the Madras government issued an order on March 1st, 1950. He argued that he wasn’t given a fair hearing and that natural justice principles weren’t applied in his case. The order issued under Section 3(1) of the Prevention of Detention Act, 1950, was then challenged by Mr. Gopalan in a case brought under Article 32(1) of the Indian Constitution. He further claimed that the injunction that was made against him was done so maliciously. He further argued that Article 21’s reference to “procedure established by law” means following the rules of the law. In his situation, the law was not implemented, which violated Article 21 of the Indian Constitution. It was raised in this case that the Prevention and Detention Act of 1950 might have breached Articles 14, 19, and 21 of the Indian Constitution, among other things. The second question is whether Articles 19 and 21 of the constitution are related, and the third is whether or not natural justice has been violated.

Judgment: After considering the reasons put out by the parties, the Supreme Court came to the conclusion that there is no connection between Articles 21 and 19 of the Constitution. The court also found that in this instance, natural justice standards were not violated. The court also determined that it is not possible to claim that a state’s detention of a person in line with the law violates Articles 14, 19, or 21 of the Indian Constitution if it was done legitimately. The court ultimately dismissed Mr. Gopalan’s writ petition. In Indian legal history, the A K Gopalan v. The State of Madras case represents a turning point. The Supreme Court determined that Section 14 is unconstitutional and violates fundamental rights by applying the severability concept. The due process clause and international human rights treaties are applicable in Indian courts, according to the court, which endorsed the idea of legal procedure.

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