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may 1950

Supreme Court of India · 1950-05-19

A.K. GOPALAN vs THE STATE OF MADRAS.UNION OF INDIA: INTERVENER.

Citation / case number
SC 1950/32
Court
Supreme Court of India
Petitioner
A.K. GOPALAN
Respondent
THE STATE OF MADRAS.UNION OF INDIA: INTERVENER.
Author
HIRALAL () KANIA
Bench
HIRALAL J. (CJ) KANIA

Judgment text excerpt

The Supreme Court examined the validity of the Preventive Detention Act, 1950, particularly Sections 7, 8, and 10, in light of Articles 13, 19, 21, and 22 of the Constitution. The Court held that the provisions of the Act do not infringe upon the fundamental right to freedom of movement, but emphasized that the right to personal liberty under Article 21 includes the principles of natural justice. The judgment clarified that the law must provide an objective standard for detention and that the absence of such provisions renders the law unconstitutional.

A.K. GOPALAN vs THE STATE OF MADRAS.UNION OF INDIA: INTERVENER. · Niyam