RAS question
Article 21 of the Indian Constitution states: 'No person shall be deprived of his life or personal liberty except according to procedure established by ___.'
Correct answer: (C) Law.
Article 21 of the Constitution of India protects life and personal liberty from deprivation except according to procedure established by law.
Explanation
Article 21 is titled “Protection of life and personal liberty” in the official Constitution text, and its operative words are precise: no person may be deprived of life or personal liberty except according to procedure established by law. Article 21 therefore hinges on “law”, not an institution such as Parliament, the executive, or a court. The phrase matters because Article 21 does not merely ask whether some authority has acted; it asks whether the deprivation follows a legal procedure. The key exam point from Maneka Gandhi v. Union of India (1978) is that procedure must be just, fair, and reasonable, not arbitrary formalism.
Why the other options are wrong
- (A) Parliament may make laws, but Article 21 uses the broader constitutional phrase “procedure established by law”, not “procedure established by Parliament”.
- (B) The executive may implement law, but Article 21 does not permit deprivation of life or personal liberty merely by executive procedure.
- (D) Courts interpret and enforce Article 21, but the text makes lawful procedure the condition for deprivation, not a procedure established by a court.
Concept
The Fundamental Rights chapter requires exact knowledge of Article 21's language and its judicial expansion. RAS examinations often emphasize constitutional phrasing and the Maneka Gandhi standard of fairness.