Correct option is B
The principle of "Procedure Established by Law" is derived from the Japanese Constitution. This doctrine means that a law passed by the legislature is considered valid if it has been enacted following the prescribed procedure, irrespective of whether it is just or fair. Unlike the American doctrine of "Due Process of Law," which allows courts to examine both procedure and substance, the Procedure Established by Law limits judicial review only to whether the correct procedure was followed, not the fairness or reasonableness of the law itself.
In India, this concept was adopted under Article 21 of the Indian Constitution, which states:
"No person shall be deprived of his life or personal liberty except according to procedure established by law."
However, in Maneka Gandhi v. Union of India (1978), the Supreme Court expanded its interpretation to be more aligned with due process, emphasizing fairness and justice.
Information Booster:
- "Procedure Established by Law" ensures the validity of laws based on legislative procedure.
- It is different from the "Due Process of Law" (USA), which allows judicial review of the reasonableness of a law.
- Initially, Indian courts followed a narrow interpretation, but later, they evolved toward a due process approach.
- This principle prevents arbitrary government actions but does not inherently protect against unfair laws.
- Keshavananda Bharati Case (1973) strengthened the idea of judicial review in India.
- The Indian Supreme Court now balances both concepts by ensuring that laws must be just, fair, and reasonable.
Additional Information:
- American Constitution: Provides for "Due Process of Law," ensuring both procedural and substantive fairness.
- British Constitution: Follows Parliamentary Supremacy, meaning courts cannot strike down laws.
- Canadian Constitution: Has a system similar to the American "Due Process," focusing on fundamental justice.
English
140 Questions
200 Marks
180 Mins
