This is one of the foremost judgments on the interpretation of Article 21 of Constitution of India. It was delivered by a constitutional bench of 6 judges including Hon’ble CJI, Shri Kania, Hiralal J.
Case background:
Mr. A.K. Gopalan was a communist leader who was detained to the Madras Jail, under Preventive Detention Act, 1950 and he challenged his detention by stating that, his personal liberty was being hampered as he had the right to equality of law.
Hon’ble Court rules:
The court held that the word used in Article 21 just meant procedural due process and since the preventive detention law under which Gopalan was detained was a valid law, Gopalan’s detention was lawful even though that law may have violated some of his other Fundamental Rights such has his Right to Freedom of Movement under Article 19, or, the detention was arbitrary under Article 14.
This doctrine is commonly known as “procedural due process”.
A.K. Gopalan Vs The State Of Madras, Union Of India on 19 May, 1950Citation: AIR 1950 SC 27, 1950 SCR 88
Indiankanoon link: https://indiankanoon.org/doc/1857950/
The index page is here.
