Which of the following statements correctly highlights the significance of the landmark Maneka Gandhi v. Union of India judgment regarding Article 21 of the Indian Constitution?

1. It expanded the scope of judicial review of Article 21 by requiring that the 'procedure established by law' must be just, fair, and reasonable.
2. It subjected legislative actions to judicial review under Article 21, going beyond just executive actions.
3. It formally substituted the constitutional phrase 'procedure established by law' with 'due process of law' within the text of the Constitution.

Question

Which of the following statements correctly highlights the significance of the landmark Maneka Gandhi v. Union of India judgment regarding Article 21 of the Indian Constitution?

1. It expanded the scope of judicial review of Article 21 by requiring that the 'procedure established by law' must be just, fair, and reasonable.
2. It subjected legislative actions to judicial review under Article 21, going beyond just executive actions.
3. It formally substituted the constitutional phrase 'procedure established by law' with 'due process of law' within the text of the Constitution.

Accepted Answer

In the Maneka Gandhi case, the Supreme Court of India expanded the scope of Article 21 by ruling that any procedure established by law must be 'just, fair, and reasonable', thereby introducing the concept of procedural due process without explicitly changing the constitutional text from 'procedure established by law'. This judgement also brought the laws made by the legislature under judicial review, unlike the earlier position which only protected against arbitrary executive action. Thus, statements 1 and 2 are correct, while statement 3 is incorrect.

Answer

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