1951 (5) TMI 9 - SC - Indian Laws

Summary

Issues Involved:
1. Constitutionality of the Preventive Detention (Amendment) Act, 1951.
2. Compliance with Article 22(4) of the Constitution.
3. Legislative Authority under Article 22(7) of the Constitution.
4. Validity of Section 11(1) of the Amending Act.
5. Impact on Fundamental Rights under Articles 21 and 22.
6. Procedural Requirements for Detention.
7. Maximum Period of Detention.

Comprehensive, Issue-Wise Detailed Analysis:

1. Constitutionality of the Preventive Detention (Amendment) Act, 1951:
The common question was whether certain provisions of the Preventive Detention (Amendment) Act, 1951, authorizing detention beyond one year, were ultra vires and inoperative. The new Act, effective from 22nd February 1951, extended the operation of the old Act till 31st March 1952. The petitioners argued that these provisions contravened Article 22(4)(a) and were void under Article 13(2).

2. Compliance with Article 22(4) of the Constitution:
Article 22(4)(a) states that no law providing for preventive detention shall authorize detention for more than three months unless an Advisory Board reports sufficient cause for such detention. The new Act aimed to extend the benefit of a review by an Advisory Board to all cases. However, as more than three months had elapsed without an Advisory Board report, the petitioners' detention contravened Article 22(4)(a).

3. Legislative Authority under Article 22(7) of the Constitution:
The Attorney-General argued that the new Act could be sustained under Article 22(4)(b), which allows preventive detention for longer periods in accordance with a law made by Parliament under sub-clauses (a) and (b) of clause (7) of Article 22. The new Act, by extending the duration of the old Act till 1st April 1952, effectively prescribed a maximum period of detention, thus satisfying the requirements of sub-clause (b) of clause (4) of Article 22.

4. Validity of Section 11(1) of the Amending Act:
Section 11(1) authorizes the government to continue detention for such periods as it thinks fit if the Advisory Board reports sufficient grounds for detention. The objection was that this allowed indefinite detention, contrary to Article 22(4). However, as the new Act was temporary and would cease to have effect on 1st April 1952, the discretionary power was subject to this overall limit, making the objection fail.

5. Impact on Fundamental Rights under Articles 21 and 22:
The petitioners argued that the provisions of the new Act infringed Articles 21 and 22 by authorizing detention contrary to the procedure established by law, specifically the one-year maximum period under the old Act. However, it was held that Parliament could amend the law and extend the maximum period of detention. The amended Act did not contravene the Constitution as it provided a new procedure for detention.

6. Procedural Requirements for Detention:
The petitioners contended that fresh grounds of detention should be served if the detention was considered fresh under the new Act. However, the court held that since the detention was deemed to continue under the new Act, there was no need to serve fresh grounds, and the procedural requirements under Article 22(5) were not infringed.

7. Maximum Period of Detention:
The argument that the Constitution does not envisage indefinite detention and that a maximum period must be prescribed by Parliament was rejected. The court held that Article 22(7) is permissive and does not obligate Parliament to prescribe a maximum period. The new Act, being temporary and limited to one year, automatically ended the detention with the expiry of the Act.

Separate Judgments:

Majority View:
The majority upheld the validity of the Preventive Detention (Amendment) Act, 1951, dismissing the petitions. They held that the amended Act did not contravene Articles 21 or 22 and provided a new procedure for detention, thus not infringing fundamental rights.

Dissenting Opinion:
One judge dissented, holding that Section 11(1) of the amending Act was ultra vires as it allowed indefinite detention without a prescribed maximum period, contravening Article 22(4). The dissenting judge argued for the immediate release of the petitioners, emphasizing the fundamental right to personal liberty.

Conclusion:
The petitions were dismissed, and the rules were discharged, upholding the constitutionality of the Preventive Detention (Amendment) Act, 1951, and the continued detention of the petitioners under the new Act.