Which one of the following statements about ‘personal liberty’ is not

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

State does not have the authority to deprive any person within the territory of India of his/her personal liberty without any rational basis.
Basis of depriving a person of his/her personal liberty must be in accordance with procedures established by law.
Personal liberty can be secured by the judicial writ of Habeas Corpus.
The majority view of the Supreme Court in A. K. Gopalan vs. State of Madras case invented 'due process of law'.
This question was previously asked in
UPSC CAPF – 2021
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The correct answer is D) The majority view of the Supreme Court in A. K. Gopalan vs. State of Madras case invented ‘due process of law’.
This statement is incorrect. In the A. K. Gopalan vs. State of Madras case (1950), the Supreme Court interpreted the phrase “procedure established by law” in Article 21 narrowly. It held that this phrase meant procedure *enacted* by law, regardless of whether that procedure was fair or just. This interpretation specifically rejected the ‘due process of law’ concept prevalent in the American constitution, which includes elements of both procedural and substantive fairness. The concept of ‘due process’ in the Indian context, particularly its substantive aspect, was later introduced through subsequent landmark judgments, most notably the Maneka Gandhi vs. Union of India case (1978), which held that the procedure established by law must be fair, just, and reasonable.
Statements A, B, and C are correct regarding personal liberty under Article 21. State power to deprive liberty is limited by law and rational basis (post-Maneka Gandhi). Deprivation must follow procedure established by law (explicit in Article 21). The writ of Habeas Corpus is a crucial tool for safeguarding personal liberty against unlawful detention.

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