CAPF AC PYQ POLITY-2021

Which one of the following statements about 'personal liberty' is not correct?

(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 Right to Life and Personal Liberty is defined in Article 21, which states that “No individual shall be deprived of his life or personal liberty unless in accordance with the method established by law.” As a result, this Article makes some restrictions on the state from infringing on a person's right to life and personal liberty.

‘Habeas Corpus’ literally means “to have a body”.  This writ is used to release a person who has been unlawfully detained or imprisoned. By virtue of this writ, the Court directs the person so detained to be brought before it to examine the legality of his detention.

Article 21 of the Constitution of India, “No person shall be deprived of his life or personal liberty except according to procedure established by law”.

 The case of Maneka Gandhi v. Union of India, brought a sea change. The Supreme Court held that Articles 19(1) and 21 are not mutually exclusive as the Right to Life and Personal Liberty covers a wide variety of rights, some of which have been given additional protection under Article 19(1).