In which case did the Supreme Court hold that the procedure for depriving a person of life or personal liberty under Article 21 must be fair, just and reasonable?
- A.Maneka Gandhi v. Union of India (1978)
- B.A.K. Gopalan v. State of Madras (1950)
- C.Golaknath v. State of Punjab (1967)
- D.Minerva Mills v. Union of India (1980)
Show answer
Correct answer: A. Maneka Gandhi v. Union of India (1978)
Explanation
The correct answer is Maneka Gandhi v. Union of India (1978). Article 21 says that no person shall be deprived of life or personal liberty except according to "procedure established by law". In A.K. Gopalan v. State of Madras (1950) the Supreme Court read this narrowly: any procedure laid down by a validly made law was enough, however unfair. In Maneka Gandhi, a case about the impounding of a passport, the Court rejected that approach and held that the procedure must be fair, just and reasonable, not arbitrary or oppressive. In effect this brought Article 21 close to the American idea of due process.
This decision opened the way for courts to read many rights into Article 21, such as the rights to live with dignity, to a speedy trial and, later, to privacy. The other options are real cases on different questions: Gopalan is the narrow view that Maneka Gandhi overturned, Golaknath (1967) held that Parliament could not abridge Fundamental Rights, and Minerva Mills (1980) held that the balance between Fundamental Rights and Directive Principles is part of the basic structure.