CASE COMMENTARY ON AK GOPALAN VERSUS STATE OF MADRAS (1950 AIR 27, 1950 SCR 88)

CASE COMMENTARY ON AK GOPALAN VERSUS STATE OF MADRAS (1950 AIR 27, 1950 SCR 88)

CASE COMMENTARY ON AK GOPALAN VERSUS STATE OF MADRAS (1950 AIR 27, 1950 SCR 88)

AUTHOR – K.INDHUMATHI. STUDENT AT GOVERNMENT LAW COLLEGE, MADURAI

Best Citation – K.INDHUMATHI, CASE COMMENTARY ON AK GOPALAN VERSUS STATE OF MADRAS (1950 AIR 27, 1950 SCR 88), ILE JUDICIAL AND LEGAL REVIEW, 1 (1) of 2023, Pg. 106-108, ISBN – 978-81-961120-0-4.

I. Abstract

The preventive detention act 1950 was enacted to detain the human in order to maintain peace and public order and national defence. The petitioner was detained under this act without reason. The petitioner challenged the constitutionality of the act and he said that it violated article 19,21 and 22 of Indian constitution. But the court held that this act was not violative  of article 21 Indian constitution .Then this case was overruled by the supreme court  in maneka gandhi versus union of India(1978) case.

II. Key words  Detention – Right To Life – Freedom Of Movement – Constitutionality –  Unreasonable