The question asks to identify the statement about 'personal liberty' that is not correct.
Analyzing 'Personal Liberty' Statement Validity
Let's evaluate each statement:
- Statement 1: This statement asserts that the state cannot arbitrarily deprive individuals of personal liberty. This reflects the principle that state actions impacting fundamental rights must have a rational basis, which is a correct understanding of personal liberty protections.
- Statement 2: This statement indicates that any deprivation of personal liberty must follow established legal procedures. This aligns with the core tenet of the rule of law and is a fundamental safeguard for personal liberty.
- Statement 3: This statement correctly identifies the writ of Habeas Corpus as a mechanism to secure personal liberty by challenging unlawful detention.
- Statement 4: This statement claims the majority view in the A. K. Gopalan vs. State of Madras case (1950) established the 'due process of law'. This is incorrect. The majority in the Gopalan case strictly interpreted Article 21 to mean that personal liberty could only be deprived according to 'procedure established by law', explicitly rejecting the applicability of the broader 'due process of law' concept (prevalent in the US) in the Indian context at that time. The interpretation later evolved in subsequent judgments like Maneka Gandhi vs. Union of India (1978).
Conclusion on Incorrect Statement
Therefore, the statement that the majority view in A. K. Gopalan vs. State of Madras invented 'due process of law' is factually inaccurate regarding the specific ruling of that majority decision.
Important Questions from Judiciary-Supreme Court & High Courts
With reference to India, consider the following statements :
1. Government law officers and legal firms are recognised as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates.
2. Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges.
Which of the statements given above is/are correct ?
Which one of the following statements is not correct?
(a) The Supreme Court of India is a Court of Record.
(b) High Courts in India are Courts of Record.
(c) Subordinate Courts in India are Courts of Record.
(d) All Courts in India are not Courts of Record.Consider the following pairs :
1. Enlargement of Jurisdiction of the Supreme Court: Article 138A of Constitution of India.
2. Conferment on the Supreme Court of powers to issue certain writs : Article 139A of Constitution of India.
3. Civil and judicial authority to act in aid of the Supreme Court : Article 144A of the Constitution of India.
How many of the above pairs are correctly matched?
- Which one of the following judgements is associated with the primacy of the Chief Justice of India and the Collegium of Judges in the appointment and transfer of the higher judiciary?
- The locus standi rule to move the court was liberalized by the case of:
