A.K. GOPALAN versus THE STATE OF MADRAS.

With exception of Section 14, the Preventive Detention Act, 1950 does not violate Articles 13, 19, 21, or 22. Section 14, as it prohibits a detenu from disclosing grounds of detention to the court, is void; but its invalidity does not affect the Act's validity overall or render the detention illegal.

Parties: Petitioner: A.K. Gopalan; Respondent: The State of Madras; Intervener: Union of India
Jurisdiction: India
Judgment Date: 19 May 1950
Procedural Posture: Petition Under Article 32 of the Constitution for a Writ of Habeas Corpus / Original Jurisdiction; Judgment Delivered
Outcome: Petition dismissed
Legal Topics: Preventive Detention, Fundamental Rights, Judicial Review

Constitutional Law Criminal Law Preventive Detention Fundamental Rights Judicial Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2

Parties

A.K. Gopalan

Petitioner

The State of Madras

Respondent

Union of India

Intervener

Procedural Posture

Petition Under Article 32 of the Constitution for a Writ of Habeas Corpus / Original Jurisdiction; Judgment Delivered

Legal Issues

1 Validity of Preventive Detention Act, 1950 under Articles 13, 19, 21, and 22 of the Constitution
2 Scope and meaning of 'personal liberty' and 'procedure established by law' under Article 21
3 Relationship between Articles 19, 21, and 22 in the context of preventive detention

Ratio Decidendi

Court Disposition

Petition dismissed

Orders

Section 14 of the Preventive Detention Act, 1950 declared ultra vires and void to the extent it prohibits disclosure of grounds to the court.
Petitioner's detention not illegal because Section 14 is severable and Act is otherwise valid.