S.Krishan v. State of Madras AIR 1951 SC 301

Validity of Preventive Detention(Amendment) Act (1951) considered. The common questions which arose in this cases were whether certain provisions of the Preventive Detention Act ,1950 purporting to amend the Preventive Detention Act ,1950 ,so as to authorize detention of the petitioners to be continued beyond the expiry of one year are ultra vires and inoperative.

Two conditions have to be fulfilled in order that a person can be detained for a longer period than three months: (i) his case must be referred to an Advisory Board constituted in the manner specified, (ii) that the Board must make a report before expiration of three months that there is sufficient cause for such detention.

The amendment was challenged as being unconstitutional and contravening Art. 22(4)(a) of the constitution.

The Supreme Court after considering the matter elaborately held that it is open for the Parliament to change the procedure by enacting a law and that procedure becomes the a Procedure established by law@within the meaning of Article 21(which provides that No person should be deprived of his life or liberty except according to the procedure established by law) of the constitution. Further, the provisions of the amendment substantially satisfy the requirements of Article 22(4)(a) and are therefore valid.

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