CASE COMMENTARY ON A K GOPALAN VS STATE OF MADRAS

Author – Pratyush & DIPU KUMAR, Student at Jamia Millia Islamia & Pratyush, Student at MIT-WPU SOL

Best Citation – Pratyush & DIPU KUMAR, CASE COMMENTARY ON A K GOPALAN VS STATE OF MADRAS, SUPREME COURT JUDGEMENT REPORTER, 1 (1) of 2023, Pg. 40-43, ISBN – 978-81-960677-8-6.

ABSTRACT

AK Gopalan was a communist leader who was mainly active in the Madras Presidency (which is now called Kerala). He was detained in Madras jail, and whenever he came out of jail, a new custody order was issued against him, and he had to go to jail again. After several years custody, he challenged his preventive custody. A Gopalan argued that this long-term custody violated his life and personal freedom guarantee under Article 21 of the Indian Constitution. The case of Gopalan vs. State Madras, 1950 SCR 88 was a historic matter in India, which was settled with the fundamental rights of the citizens under the Indian Constitution. The Gopulan of a Communist Party leader was arrested under the 1950 preventive custody Act, which allowed the government to custody individuals without testing for two years.

Gopalan challenged the validity of this Act that it violated its fundamental rights, which includes the right to personal freedom and right test. However, the Supreme Court of India retained the validity of the preventive custody Act, explaining that this constitution was not violated. This case established this theory that the Indian Constitution has not guaranteed full personal freedom and the government can limit individual rights for big public interest. The decision was widely criticized for giving a lot of power to the government to reduce personal independence, but it also determines the forum for future debate on the balance between personal rights and state power in India.

KEYWORDS: Supreme Court, state, Constitution, Madras, union