CAPF PYQ 2021-POLITY

Which one of the following statements with regard to Maneka Gandhi vs. Union of India case, 1978 is not correct?

(a)  It was held that Article 19 and Article 21 arc not watertight compartments.

(b)  It was held that a law coming under Article 21 may not satisfy the requirements of Article 19.

(c)   A fair trial eliminates the biases against the accused in the trial.

(d)  The right to life under Article 21 does not include the right to die.

Answer: D

Maneka Gandhi vs. Union of India case, 1978

The right to life and personal liberty under Article 21 reads: ‘No person shall be deprived of his life or personal liberty except according to procedure established by law”.

In other words, courts were not allowed to question any law—no matter how arbitrary or oppressive—as violating the right to life or personal liberty if the law had been suitably passed and enacted.

However, by vesting in itself the power of substantive review under Article 21, the court transformed itself from being merely a supervisor, to being a watchdog of the Constitution.

The Supreme Court’s judgement in the Maneka Gandhi case effectively meant that ‘procedure established by law’ under Article 21 would have the same effect as the expression ‘due process of law’.

In a subsequent decision, the Supreme Court stated that Article 21 would read as: ‘No person shall be deprived of his life or personal liberty except according to fair, just and reasonable procedure established by valid law.