2021 · Q71
Which one of the following statements about ‘personal liberty’ is not correct?
indian-polity-economyjudiciary
- AState does not have the authority to deprive any person within the territory of India of his/her personal liberty without any rational basis.
- BBasis of depriving a person of his/her personal liberty must be in accordance with procedures established by law.
- CPersonal liberty can be secured by the judicial writ of Habeas Corpus.
- DThe majority view of the Supreme Court in A. K. Gopalan vs. State of Madras case invented due process of law.
Explanation
In A. K. Gopalan vs. State of Madras (1950), the majority rejected the due-process interpretation of Article 21, holding that only 'procedure established by law' was required — due process entered Indian law later through Maneka Gandhi (1978). Statements A, B and C are correct: personal liberty needs a rational legal basis, must follow established procedure, and is protected by habeas corpus. Hence statement D is the not-correct one.