Create a custom practice set
Pick category, difficulty, number of questions, and time limit. Start instantly with your own quiz.
Generate QuizGK Question
In Maneka Gandhi v. Union of India (1978), the Supreme Court held that the procedure established by law under Article 21 must be fair, just, and reasonable, importing the concept of procedural due process and requiring administrative decisions affecting life/liberty to include notice, hearing, and ______.
- executive approval
- reasoned order
- legislative ratification
- judicial pre-approval
Answer: reasoned order
Procedural due process evolution (Maneka Gandhi, 1978): (a) Pre-Maneka: A.K. Gopalan (1950) held Article 21 required only 'procedure established by law'; no substantive due process review, (b) Maneka Gandhi breakthrough: Overruled Gopalan; held procedure under Article 21 must be 'fair, just, and reasonable', not arbitrary or oppressive, (c) Fair procedure components: (i) Notice: Affected person informed of proposed action, grounds, evidence, (ii) Hearing: Opportunity to present case, cross-examine, submit evidence, (iii) Reasoned order: Decision must contain reasons enabling appeal, judicial review, accountability, (iv) Impartial decision-maker: No bias, personal interest, (d) Impact: Enabled judicial review of executive action affecting life/liberty; foundation for expanding Article 21 to include privacy, health, environment, livelihood, dignity, (e) Balance: Courts don't substitute wisdom for administrators; check for procedural fairness, rationality, non-arbitrariness — Constitutional Morality guides calibrated oversight respecting separation of powers while protecting individual dignity. Illustrates judicial creativity: adapting comparative concepts (due process) to Indian constitutional text while respecting institutional boundaries.