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In Maneka Gandhi v. Union of India (1978), the Supreme Court expanded the scope of Article 21 (right to life and personal liberty) by holding that the procedure established by law must be:
- Any procedure prescribed by statute
- Fair, just, and reasonable, not arbitrary or oppressive
- Approved by the President before implementation
- Subject to Parliamentary ratification within 30 days
Answer: Fair, just, and reasonable, not arbitrary or oppressive
Maneka Gandhi (1978) procedural due process: (a) Context: Challenge to impounding of passport under Passport Act without hearing, (b) Supreme Court holding: (i) Overruled A.K. Gopalan (1950) narrow interpretation of Article 21, (ii) Procedure under Article 21 must be 'fair, just, and reasonable', not arbitrary or oppressive — importing procedural due process from American constitutional law, (iii) Articles 14, 19, 21 form a golden triangle; laws affecting personal liberty must satisfy all three articles, (c) Applications: (i) Enabled judicial review of executive action affecting life/liberty, (ii) Foundation for expanding Article 21 to include privacy, health, environment, livelihood, dignity, (iii) Procedural safeguards: Notice, hearing, reasoned order, appeal mechanism required for actions affecting rights, (d) Rationale: (i) Constitutional supremacy: Procedure must comply with constitutional values, not just statutory authorization, (ii) Rights protection: Fair procedure essential for enforcing Fundamental Rights against state excess, (iii) Accountability: Ensures government accountable to Constitution, not arbitrary power, (e) Illustrates transformative constitutionalism: Article 21 interpreted to impose positive obligations on State for procedural fairness; foundation for rights expansion through judicial interpretation.