Indian Polity • ConstitutionHard
With reference to Article 21 and the evolving jurisprudence of due process of law in India, consider the following assertions: 1. The Supreme Court in the Maneka Gandhi case of 1978 read procedural due process into Article 21, expanding personal liberty beyond mere executive action. 2. The expression procedure established by law under Article 21 was directly borrowed from the American Constitution without any modification. Which of the statements given above is/are correct?
A. 1 only✓ Correct Answer
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
💡 Solution & Explanation
The Maneka Gandhi judgment expanded Article 21 by establishing that a law curtailing personal liberty must be just, fair, and reasonable, aligning closer to American due process. However, the phrase procedure established by law was specifically borrowed from the Japanese Constitution, not the American Constitution which uses due process of law. Therefore, statement two is incorrect. Article 21 remains a cornerstone of the Indian Bill of Rights.
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