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Supreme Court of India A.K. Gopalan vs The State Of Madras.Union Of India: ... on 19 May, 1950 Equivalent citations: 1950 AIR 27, 1950 SCR 88, AIR 1950 SUPREME COURT 27, 1963 MADLW 638 Author: Hiralal J. Kania Bench: Hiralal J. Kania, Saiyid Fazal Ali, Mehr Chand Mahajan, B.K. Mukherjea PETITIONER: A.K. GOPALAN Vs.
A.K. Gopalan v. State of Madras, AIR 1950 SC 27, was a landmark decision of the Supreme Court of India in which the Court ruled that Article 21 of the Constitution did not require Indian courts to apply a due process of law standard.
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- Introduction
- Background of The Case
- Facts of The Case A.K. Gopalan vs The State of Madras
- Issues Raised in The Case of A.K. Gopalan vs The State of Madras
- Judgement of A.K. Gopalan vs The State of Madras
- Conclusion
A.K Gopalan vs the State of Madras is one of the landmark judgements of the Indian Constitution. This case mainly focuses upon the fundamental rights of the Indian Constitution, particularly Articles 19, 21, and 22. In the case of A.K Gopalan vs the State of Madras, the Supreme Court denied recognising the deficiencies of procedure established by l...
A.K Gopalan was a communist leader who was mainly active in Madras Presidency (now called Kerala). He was detained in the jail of Madras, and whenever he came out of the prison, a new detention order was issued against him, and he had to go to jail again. After several years of detention, he challenged his preventive detention. A.K Gopalan argued t...
A.K. Gopalan was the political opponent of the government. Since December 1947, he was illegally detained several times and even after the court led him free, he was still kept under detention by the government. In 1950, he was again detained under the Preventive Detention Act, 1950. Then, A.K Gopalan filed a writ petition under Article 32of the In...
The following issues were raised in the case of A.K Gopalan vs the State of Madras: 1. Whether the Preventive Detention Act of 1950 violates Article 19 and 21 of the Indian Constitution? 2. Whether Articles 19 and 21 of the Indian Constitution are dependent on each other, is there any relation between the Articles? 3. Whether the ‘procedure establi...
The judgment of this case was given by 6 judges constitutional bench of the Supreme Court with the ratio of 5:1 majority. Justice Fazl Ali gave the dissenting opinion. The court rejected the arguments given by A.K. Gopalan and said that personal liberty means freedom of the physical body only and nothing beyond it. In this way, the court restricted...
In the A.K. Gopalan case, the court restricted the meaning of Article 21 to the extent that personal liberty only means freedom of personal body and nothing else. The court even restricted the scope of Article 19 and held that the Preventive Detention Act, 1950, is constitutional and does not violate any fundamental right. Moreover, justice Fazl Al...
- Anushka Saxena
Oct 3, 2021 · A K Gopalan vs State of Madras is a landmark case for the Indian judiciary. It is referred to as a landmark case as well as the first case where the Indian Supreme Court dealt with various articles enshrined under Part III of the Indian Constitution as well as gives certain principles.
Aug 28, 2022 · Supreme Courts in Bombay and Madras. The Supreme Courts at Madras and Bombay were established by King George III in 1800 and 1823 respectively. Earlier, Madras and Bombay had a recorder’s court whose judicial function was similar to that of the Supreme Court of Calcutta.
Bengaluru. The Indian Supreme Court heard the A.K. Gopalan V. State of Madras case on 15th December, 1950. This case is also known as the Preventive Detention case. It is a landmark case in Indian Constit...
Nov 21, 2020 · It is remembered as the first case where the Supreme Court of India after is formation in 1950 delivered a judgement where the Hon’ble Supreme Court of India has precisely examined and interpreted the key components of the Constitution of India, the fundamental rights under Article 19 and 21.
