RAS question
The concept of 'Procedure Established by Law' under Article 21 was borrowed from:
Correct answer: (B) The Japanese Constitution.
The concept of “procedure established by law” under Article 21 of the Indian Constitution was borrowed from the Japanese Constitution.
Explanation
Article 21 uses the phrase “procedure established by law”, and the Press Information Bureau, Government of India document lists the Japanese Constitution as its origin. The Japanese Constitution, not the US Constitution, is the direct source for this borrowing. The phrase is traditionally treated as narrower than the US idea of “due process of law” because it focuses on whether a procedure has been established by law. After Maneka Gandhi (1978), the Supreme Court effectively read due-process elements into Article 21. For RAS, the clean answer remains Japan, with Maneka Gandhi explaining the later Indian interpretation.
Why the other options are wrong
- (A) The US Constitution is associated with “due process of law”, while the Article 21 phrase “procedure established by law” came from the Japanese Constitution.
- (C) The Press Information Bureau, Government of India document identifies the Japanese Constitution as the origin of “procedure established by law”, so the Canadian Constitution does not support this borrowing.
- (D) The British Constitution is not linked to the Article 21 phrase; the Press Information Bureau, Government of India document specifically links it to the Japanese Constitution.
Concept
Borrowed features of the Indian Constitution include the wording of Article 21. RAS often pairs constitutional phrases with their source constitutions and later judicial interpretation.