In Maneka Gandhi v. Union of India (1978), the Supreme Court held that the procedure established by …

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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 ______ due process from American constitutional law.

substantive
procedural
economic
political

Answer: procedural

Procedural due process evolution: (a) A.K. Gopalan (1950): Article 21 required only 'procedure established by law'; no substantive due process review, (b) Maneka Gandhi (1978): Overruled Gopalan; held procedure under Article 21 must be 'fair, just, and reasonable', not arbitrary or oppressive; imported procedural due process, (c) Impact: Enabled judicial review of executive action affecting life/liberty; foundation for expanding Article 21 to include privacy, health, environment, livelihood, (d) Balance: Courts don't substitute wisdom for administrators; check for procedural fairness, rationality, non-arbitrariness. Illustrates judicial creativity: adapting foreign concepts (due process) to Indian constitutional text while respecting separation of powers.

Topic Rights Expansion - Article 21 Procedural Due Process

Exam Relevance Procedural due process evolution frequently asked in UPSC and Judiciary exams

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GK 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 ______ due process from American constitutional law.