GK Question

polity hard mcq

Fair procedure under Article 21 (as interpreted in Maneka Gandhi case) requires administrative decisions affecting life/liberty to include all EXCEPT:

  1. Notice to affected person
  2. Opportunity to be heard
  3. Reasoned order
  4. Approval by Supreme Court before implementation

Answer: Approval by Supreme Court before implementation

Fair procedure components (Maneka Gandhi, 1978): (a) Notice: Affected person must be informed of proposed action, grounds, evidence, (b) Opportunity to be heard: Right to present case, cross-examine witnesses, submit evidence, (c) Reasoned order: Decision must contain reasons enabling appeal, judicial review, accountability, (d) Impartial decision-maker: No bias, personal interest in outcome, (e) Appeal/review mechanism: Opportunity to challenge decision before higher authority/court, (f) NOT required: Pre-implementation Supreme Court approval — would paralyze administration; judicial review available post-decision if rights violated, (g) Balance: Procedural safeguards protect rights without making governance impossible; courts calibrate requirements based on context (urgency, rights impact). Illustrates procedural due process: fairness as foundation of legitimate administrative action.

Topic Administrative Law - Fair Procedure Components
Exam Relevance Fair procedure components critical for UPSC Mains and Judiciary exams