History up to Gopalan Decision

• Partition: Aug 15, 1947



• Nov 1947: After meeting with Justice Frankfurter, Rau recommends changing due process clause in Art 21



• Jan 19, 1948: Drafting Cttee starts discussion of due process clause



• Gandhi assassinated on Jan 30, 1948

• March 1948, KM Munshi (one of 7 cttee members) tries unsuccessfully to re-instate due process



• Dec 13, 1948: Art 21 (then numbered 15) passes Constituent Assembly in current form



• Sep 15, 1949 Ambedkar submits early version of Art 22, limits preventive detention to 3 months unless approved by Advisory Board



• Nov 15, 1949: Art 22 amended to add clause (7) exception



• Nov 26, 1949: Constitution adopted (effective Jan 26, 1950)



• Feb 22, 1950: Home Sec asks for immediate action to prevent release of 500 Communists in Calcutta to be released Feb 26 (3 months without Advisory Board)



• Feb 24, 1950: Prevention Detention Act introduced



• Feb 25, passes unanimously (special Saturday session)



• March 1, AK Gopalan detained under new Act; files writ of habeas corpus with SC



• May 19, 1950: SC decision