Indian Polity · Polity
Which of the following statements best captures the distinction between the concepts of 'Procedure Established by Law' and 'Due Process of Law' in the Indian context, especially after the landmark judgment in Maneka Gandhi v. Union of India (1978)?
Verified Solution4 OptionsUpdated: October 2026👁️1 View
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- 1'Due Process of Law' requires that any law depriving a person of life or liberty must not only follow proper legal procedure but must also be just, fair, and reasonable.✓
- 2'Procedure Established by Law' gives the judiciary the power to assess both the procedural fairness and the content of the law in all circumstances.
- 3'Due Process of Law' limits the power of courts to examine the substantive validity of legislative policies.
- 4'Procedure Established by Law' completely prevents judicial review of any legislative actions under Article 21.
Correct answer
'Due Process of Law' requires that any law depriving a person of life or liberty must not only follow proper legal procedure but must also be just, fair, and reasonable.
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