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CAPF AC 2021 Q71: Indian Polity – Fundamental Rights

CAPF AC 2021, Paper I (General Ability and Intelligence) · Indian Polity

Which one of the following statements about 'personal liberty' is not correct?
  1. (a) State does not have the authority to deprive any person within the territory of India of his/her personal liberty without any rational basis.
  2. (b) Basis of depriving a person of his/her personal liberty must be in accordance with procedures established by law.
  3. (c) Personal liberty can be secured by the judicial writ of Habeas Corpus.
  4. (d) The majority view of the Supreme Court in A. K. Gopalan vs. State of Madras case invented 'due process of law'.

Answer: (d) The majority view of the Supreme Court in A. K. Gopalan vs. State of Madras case invented 'due process of law'.

Explanation

Personal liberty and A. K. Gopalan

How to think: Article 21 says no person shall be deprived of life or personal liberty except according to procedure established by law.

The Constitution makers chose these words instead of the American phrase due process of law.

In Gopalan (1950) the Supreme Court read the Article narrowly.

CaseWhat the Court held
A. K. Gopalan v. State of Madras (1950)Article 21 protects only against arbitrary executive action; a validly made law is enough. Due process was rejected
Maneka Gandhi v. Union of India (1978)The procedure must be just, fair and reasonable; this brought in the idea of due process

So statement (d) is wrong: Gopalan did not invent due process.

The change came with Maneka Gandhi.

The other statements are true: liberty cannot be taken away without a rational basis, it needs a procedure established by law, and habeas corpus protects it.

Answer: (d).

Why each option is right or wrong

Key point

Article 21: procedure established by law. Gopalan (1950): narrow view, no due process. Maneka Gandhi (1978): procedure must be just, fair and reasonable (due process in effect). Habeas corpus: Articles 32 and 226.

Remember

Gopalan: narrow. Maneka Gandhi: due process.

Common mistakes

Exam tip

Educated guess: three statements are general principles nobody disputes. The one that names a specific case and says it invented something is the one to doubt.

Sources

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