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Which section of Preventive Detention Act, 1950 was declared ultra vires by the Supreme Court in case of A.K. Gopalan v. State of Madras:
Article 17
Article 11
Article 14
Article 19.
- In A.K. Gopalan v. State of Madras, the Supreme Court examined the Preventive Detention Act, 1950.
- The Court declared Section 14 of the Act as ultra vires because it took away the right to communicate grounds of detention with the detained person, breaching fundamental rights.
- Option 1: Article 17 relates to abolition of untouchability, not relevant here.
- Option 2: Article 11 deals with citizenship, not relevant.
- Option 3: Article 14 concerns Right to Equality, often used to check if a law is discriminatory or arbitrary. However, in Gopalan, the main challenge was under Article 21 (Right to Life and Personal Liberty). Article 14 was considered but not the primary article for which the section was struck down.
- Option 4: Article 19 provides freedoms such as speech, assembly, etc., but was not the ground for invalidating the section in this case.
Correct Answer: None of the options exactly match the legal position, because it was Section 14 of the Act declared ultra vires—primarily for violating Article 22, not 14, 17, 11, or 19.
By: santosh ProfileResourcesReport error
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