AK Gopalan vs State of Madras
1950 AIR 27
Case Summary
[Due Process of Law]
[Fundamental Rights]
Facts
A.K. Gopalan, a communist leader, was detained under the Preventive Detention Act, 1950, without trial. He challenged his detention, arguing that it violated his fundamental rights under Articles 19, 21, and 22 of the Indian Constitution.
Issues
1. Does "procedure established by law" under Article 21 imply due process?
2. Can fundamental rights under different articles (e.g., Articles 19 and 21) be read together?
Relevant Legal Provisions
Article 21: Right to life and personal liberty.
Article 19: Protection of freedom of speech, etc.
Article 22: Protection against arrest and detention in certain cases.
Judgment
The Supreme Court upheld Gopalan's detention, interpreting "procedure established by law" under Article 21 to mean any procedure legislated by Parliament, rejecting the concept of "due process" as found in the U.S. Constitution. The Court ruled that each fundamental right operates independently, and Articles 19, 21, and 22 could not be read together. This narrow interpretation of Article 21 remained until the Maneka Gandhi case in 1978, which broadened the scope of "personal liberty."
Rishita Vanjani
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