This Case Summary is written by Shaik Muneera, a student at Reva University, Bangalore
It is a very well known case, and it is said to be the very first case held by the supreme court through which different articles were included in the part of fundamental rights. The major articles included in this case are 19, 21 and 22. This case mainly concerned to the Indian judiciary to explain the fundamental rights of Indian constitution briefly. Later on when the judgement passed, the courts of law in India initiated towards the basic rights of citizens and non- citizens. called fundamental rights in a very broader and extensive manner, and not to fabricate the fundamental rights in a very repressing way as to assemble all the rights of citizens under fundamental rights. For-instance right to privacy, right to health, right against custodial death etc.
In this particular case, the court included Article 21 in the very extreme manner, precisely and stated that expression method confirmed by law only meant any manner which was included in that particular statute by the effective parliament to divest an individual of his/her life or personal liberty, and it was not acceptable to study in the article any alike concept as natural justice. And the court of law governed that each fundamental life is liberated of everyone and article 19 doesn’t appeal where article 21 concerned. The indicated case was much lambasted and it clutched the justification for 25 (Twenty five years), in this time period the right to life and they are not allotted with the proper security. Basically article 21 frolics a very unimportant role in providing any preserving to an individual in reference to life and liberty. The judicial perspective go through exchange after agonizing below the interior emergency urged in 1975 which came into force in1977. The personal liberty which is included below article 21 of Indian constitution in manner is not a thing other than ones freedom of the physical body , that is liberty from arrest and detention despite the right to control or authority of law. Basically, article 21 is a pledge at odds with deprivation of personal liberty in which article 19 gives protection despite undoubtful limitations. Freedom is guaranteed to every citizen under article 19 of constitution of India.
FACTS OF THE CASE:
The solicitor AK. Gopalan, is a very well known pleader and socialist, is hampered under “the preventive detention act 1950”. The solicitor took the issue with the rationality of the act on the basis that it is against and infringing the freedom of movement under article 19(1)(d) and personal liberty under article 21 by way of writ petition under article 32 of Indian constitution, a writ of habeas corpus suited against his detention. AK. Gopalan is a very well known communist as said and he was under detention and he is suited for imprisonment. In this appeal, he has specified no. of dates representing the situations how he has been under detention since the day he arrested December 1947. Any way these pleads were retracted by the hon’ble court. On the date of march 1 1950, was apportioned under the decree by madras state government, constructed under section 3(1) of the act (the preventive detention act) which negotiated upon central government and state government of madras. After that he confronts in the court of law, the iniquity of the decree under the act on the basis that the act breaches human’s fundamental rights as the services given under such articles like 13, 19 and 21 and the benefits of this act 4 of 1950 of madras state are not in accordance with article 22 of constitution of India. Mr. Gopalan as well appeased that the order delivered was Mala fide.
Detention is worn to enclose the various kind of situation when other person is deprived of their freedom by the state, extended from the revealing period when someone is declared by the police officials for the reason for the observation to a period of imprisonment. Preventive detention is a method of imprison to the person in advance trail on the expectations that delivered would not be the perfect scrutiny of society. “There is however no authoritative opinion available to support the view that this freedom is anything different from what is otherwise called personal liberty. The problem of construction in regard to this particular right in the construction of Danzig is the same as in our constitution. Such being a general position, I am confirmed in my view that the juristic conception that personal liberty and freedom of movement cannot the same thing is the correct and true conception and the words used in article 19(1)(d) must be constructed according to this universally accepted legal conception”.
My analysis on A.K Gopalan vs State of madras is the article 21 awning method created by judiciary occur is directly the law confirmed by the state. It really means in itself cogitated upon, and it is stated that studying it withing that norms of traditional justice or natural justice would give too indistinct an conception as the implications of natural justice quitting them as not defined. the judgement advances from the value of that the law and natural morals are confusable. When we look into the deep analysis of professor hart’s reasoning he said that there is a connection between the morality and law but there is no similarity. In this particular case the court held that shield this reasoning along with the inclusion that there is a special law i.e., formulation through legislation, which permits it. It can be said that im not totally satisfied with this kind of intervention of law followed in this in the judgement of this particular case, and I contrary cognizances that it doesn’t include natural justice and gradual morals too. The idea of legitimacy of a law starts from the concept of understanding law which has a formal set of rules and regulations. so it should be read and understand personally and peacefully. As commentator I totally support this statement as law is not an easy task to do as the person should have individual interest and personal satisfaction while doing this. and I agree to AK Gopalan’s view that law was mean to realized as “jus” and it means law in abstract sense of principles of natural justice. And not as “rex” as it means enacted law.
In this particular case, the hon’ble court held that, the court included article 21 vastly precisely and went on to attest that the declaration manner confirmed by law means any way which was in the law or included in the particular statute by the able parliament that could deprive a indivisual og his/her life or personal liberty.