In A.K. Gopalan Vs. State of Madras (1950), the Supreme Court of India held that which of the following…
In A.K. Gopalan v. State of Madras (1950), the Supreme Court held that in determining whether a law violates a Fundamental Right, the court must look to the 'pith and…
Choose your answer
In A.K. Gopalan Vs. State of Madras (1950), the Supreme Court of India held that which of the following should be taken into consideration in determining whether a law in a particular case violates Fundamental Rights or not ?
Answer and explanation
Correct answer C
In A.K. Gopalan v. State of Madras (1950), the Supreme Court held that in determining whether a law violates a Fundamental Right, the court must look to the 'pith and substance' (the true nature and direct object) of the legislation rather than its incidental effects on other Fundamental Rights—an approach later overruled in R.C. Cooper (1970) and Maneka Gandhi (1978).
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