CAPF AC 2021 Q71: Indian Polity – Fundamental Rights
- (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.
- (b) Basis of depriving a person of his/her personal liberty must be in accordance with procedures established by law.
- (c) Personal liberty can be secured by the judicial writ of Habeas Corpus.
- (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.
| Case | What 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
- (a) Incorrect. This is true: the State cannot take away personal liberty arbitrarily.
- (b) Incorrect. This is true: Article 21 requires a procedure established by law.
- (c) Incorrect. This is true: habeas corpus secures release from unlawful detention.
- (d) CORRECT. This is wrong: Gopalan rejected due process; it came in with Maneka Gandhi (1978).
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
- Crediting Gopalan with what the Court did in Maneka Gandhi.
- Thinking the words due process of law appear in Article 21.
- Missing the word not and marking a statement that is true.
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
- Constitution of India — Article 21; A. K. Gopalan v. State of Madras (1950) and Maneka Gandhi v. Union of India (1978)
- NCERT Class XI Political Science — Indian Constitution at Work, Chapter 2: Rights in the Indian Constitution