A. K. Gopalan Case (1950)

Supreme Court Judgement

• Invalidated Section 14 of the Preventive Detention Act (1950) as it violates the fundamental right guaranteed under Article 22.

• Stated that the omission of Section 14 will not change the nature, structure, or object of the legislation.

• Declared the rest of the Act as valid and effective.

• Held that the expression 'personal liberty' under Article 21 means liberty of the physical body, i.e., freedom from physical restraint or detention.

• Ruled that Article 21 is a protection only against the executive and not against the legislature.

Impact of the Judgement

• The Supreme Court took a narrow (restrictive) interpretation of Article 21, adopting a 'textualist approach' in interpreting the constitution.

• Held that the word 'law' in Article 21 refers to state-made law and not to jus naturale, the principles of natural justice.

• Declared that 'procedure established by law' in Article 21 cannot be interpreted to mean the same as the American expression 'due process of law.'

• Concluded that protection under Article 21 is available only against arbitrary executive action and not against arbitrary legislative action.

• This judgement held the field for nearly three decades (1950 to 1978).

• This judicial interpretation reached its logical end in the A.D.M. Jabalpur case (1976).

• In the Maneka Gandhi case (1978), the Supreme Court overruled the above judgement by taking a wider interpretation of Article 21.