In A.K. Gopalan Vs. State of Madras, the Supreme Court held that the expression ‘Procedure established…
The decision in A.K. Gopalan Vs. State of Madras reflects the positivist approach, emphasising the authority of enacted law rather than testing its reasonableness against…
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In A.K. Gopalan Vs. State of Madras, the Supreme Court held that the expression ‘Procedure established by law’ in Article 21 of the Constitution means any procedure prescribed by law irrespective of its reasonableness or otherwise. This decision belongs to the school of :
Answer and explanation
Correct answer B
The decision in A.K. Gopalan Vs. State of Madras reflects the positivist approach, emphasising the authority of enacted law rather than testing its reasonableness against natural justice. Under the current interpretation of Article 21 established in Maneka Gandhi Vs. Union of India, the procedure must be fair, just and reasonable.
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