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AK Gopalan was arrested and detained under the preventive detention act, 1950. The question of law was whether certain provisions of the act were ultra vires of Arts 21,19 and 22 of the constitution. The court held that although S.14 of the impugned act was ultra vires it could be severable from the rest of the statute. The question was whether the state had the authority for preventive detention of any of its citizens. The interpretation of the rights guaranteed under the constitution in art.1 and 21 was held to not apply as they would not apply in cases where these rights were abridged in accordance with the law. This answer is somewhat incomplete.
One major issue in AK gopalan as well as ADM jabalpur is the question whether the state merely protects our rights or whether it is the state through the constitution that grants us these rights. In other words do we have these rights by virtue of being born or by virtue of the constitution.
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