In A. K. Gopalan versus State of Madras, 1950, the Supreme Court struck down which part of the Preventive Detention Act, 1950, while saving the rest of the Act?
- A.Section 3
- B.Section 7
- C.Section 14
- D.Section 12
Correct answer
Explanation
The correct answer is C, section 14. That section barred a detained person from disclosing in court the grounds of his detention or the representation he had made against it. The Court held the bar unconstitutional and severed it, keeping the rest of the Preventive Detention Act, 1950, in force, which is why the case is cited as the classic Indian illustration of the doctrine of severability drawn from the words to the extent of such inconsistency in Article 13. Options A, B and D are wrong because those provisions dealt with the machinery of detention, such as the power to detain and the communication of grounds, and they survived the challenge in this case. Remember also R. M. D. Chamarbaugwalla versus Union of India, 1957, which set out the tests for deciding whether the valid part of a statute can stand alone.
Read the full article: Constitutional Doctrines: Cases, Articles and Exam Facts
Practice Questions
View allThe doctrine of eclipse was applied by the Supreme Court in which of the following cases?
- A.A. K. Gopalan versus State of Madras
- B.Bhikaji Narain Dhakras versus State of Madhya Pradesh
- C.K. C. Gajapati Narayan Deo versus State of Orissa
- D.Basheshar Nath versus Commissioner of Income Tax
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In that case a 1947 motor vehicles law of Central Provinces and Berar had become unenforceable because it clashed with the freedom of trade under Article 19(1)(g).
Read the full explanation →The doctrine of pith and substance is applied by courts mainly to decide questions relating to which of the following?
- A.Amendment of the Constitution
- B.Distribution of legislative powers between the Union and the States
- C.Enforcement of Fundamental Rights by writs
- D.Appointment of judges of the High Courts
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Article 246 read with the Seventh Schedule gives Parliament and the State Legislatures separate fields of law making, but subjects overlap in practice, so a court must find the true nature and character of the law, its pith and substance, and ignore incidental encroachment on the other list.
Read the full explanation →The maxim that what cannot be done directly cannot be done indirectly expresses which doctrine?
- A.Doctrine of territorial nexus
- B.Doctrine of colourable legislation
- C.Doctrine of eclipse
- D.Doctrine of waiver
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The doctrine means that a legislature cannot do by an indirect route what the Constitution forbids it to do directly; if it has no competence over a subject, no clever drafting can give it that competence.
Read the full explanation →In which case did the Supreme Court hold that a Fundamental Right cannot be waived by the person who holds it?
- A.Basheshar Nath versus Commissioner of Income Tax, 1959
- B.Deep Chand versus State of Uttar Pradesh, 1959
- C.State of Bombay versus F. N. Balsara, 1951
- D.Calcutta Gas Company versus State of West Bengal, 1962
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The petitioner had settled his tax liability under a provision later found to violate Article 14, and it was argued that by agreeing to the settlement he had waived his right to equality.
Read the full explanation →The doctrine of territorial nexus is drawn from which provision of the Constitution?
- A.Article 13(1)
- B.Article 245(2)
- C.Article 254(2)
- D.Article 368
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That clause says that no law made by Parliament shall be deemed invalid on the ground that it would have extra-territorial operation, and the courts have built on it the rule that a State law too may apply to an object or person outside the State if there is a…
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