Question

The word procedure established by law in Article 21 means:

• A. that due process of law must be followed
• B. a procedure laid down or enacted by a competent authority
• C. the same thing as due process of law
• D. a law which is reasonable, just and fair

Hint:

Article 21 = “procedure established by law,” but after Maneka Gandhi, it must also be fair, just, and reasonable.

Answer 1

The Correct Option is B

Step 1: Original interpretation.
Article 21 states that no person shall be deprived of life or personal liberty except according to procedure established by law. Initially, it meant any procedure prescribed by law enacted by a competent legislature.
Step 2: Post-Maneka Gandhi expansion.
Later, the Supreme Court (Maneka Gandhi case, 1978) held that such procedure must also be “just, fair, and reasonable,” bringing it close to “due process of law.”
Step 3: Conclusion.
The literal meaning is option (b), though judicial interpretation expanded its scope.