Polity Class 14

ARTICLE 20 OF THE INDIAN CONSTITUTION 

• b) No person shall be prosecuted and punished for the same offence more than once. It is known as "No double jeopardy".
• c) No person accused of any offence shall be compelled to be a witness against himself. It means "No self-incrimination".
• It means that nobody can force one to give evidence against oneself. 
• But there are limitations that are imposed
• The first provisions (No ex post facto law) are applicable only in the case of criminal laws but not to civil laws or tax laws i.e. the government can have retrospective tax legislation. 
• [* A law should come into effect after it is passed. Retrospective taxation is against the principle of natural justice]
• SC had come out with a judgment in the Vodafone tax dispute with the Government of India. In order to overcome the SC judgment, Parliament has passed retrospective tax legislation. It led to conflict between Vodafone and GoI. It has also adversely impacted FDI coming into India.
• Finally, the GoI had reached an agreement with Vodafone wherein the government would return the tax paid by Vodafone and Vodafone would withdraw the case. 
• As part of improving the ease of doing business, the government has removed retrospective tax legislation from our tax laws. 

ARTICLE 21 OF THE INDIAN CONSTITUTION 

• Article 21- Protection of life and personal liberty. 
• Article 21 declares that no person shall be deprived of his life or personal liberty except according to the procedure established by law. 
• This right is available to both citizens as well as non-citizens/ aliens. 

The political history of Article 21 

• Our constitutional forefathers were committed to FRs of citizens. FRs protected citizens from arbitrary actions of the state. 
• In a society, there will always be a conflict between Individual self-interest v/s societal welfare. 
• Individual self-interest is reflected in FRs. Western liberal philosophy is more inclined toward the self-interest of the individual. 
• So we included the Right to property in FR, as we were guided by Individual self-interest. 
• When there is a conflict between Individual self-interest v/s societal welfare, We need to give importance to Societal welfare. 
• [* Why?- In society, Human beings are always interdependent. We need to sacrifice some of our self-interests for the welfare of society. ]
• If the conflict is between DPSP and FR, then- 
• The government has said that we must give importance to DPSP as well. 
• Our constitution gave importance to FR. 
• This conflict immediately started after independence, as Government wanted to bring land reforms. 
• Acharya Binoba Bhave started the Bhoodan movement, but it was not successful. So the government came out with the land ceiling Act. It was struck down by SC as the Right to property was a Fundamental right. 
• The government added the IXth schedule to our constitution. Any legislation which is part of the IXth schedule can not be scrutinized by Judicray for its constitutionality. 
• At that time, Judiciary remained passive. [* Why?- Our judiciary at the time said that the government is enforcing its socialist agenda]
• All the leaders at that time were part of the Indian national movement and they already sacrificed too much so the judiciary did not interfere in the socialist agenda. 
• This is the time, the Procedure established by law was enforced. 
• The procedure established by law (05:57 PM)
• It is a British feature. In the UK, the parliament is sovereign, and it has an unwritten constitution. 
• It means the judiciary will not interfere in the functioning of the legislature and it will only check whether the executive is implementing the law as per the procedure.
• The judiciary will only look into whether the procedure was followed or not. They will not look into the content and intent of the law. 
• In India, the constitution is supreme. 
• When parliament came out with the IXth schedule, it was against the FR. 
• But SC in the A K Gopalan case, mentioned the procedure established by law and followed the British method. 
• By the early 1960s, the Indian economy was facing a severe crisis. This is the time Professor Robert Malthus gave his population theory. 
• Food production grows in Arithmetic progression whereas population grows in Geometric progression. In time, the country will not be able to feed its population and the country will collapse. 
• The same thing happened in India, the population was growing and food grain production was not increasing. 
• India got free food grain from the USA, under the PL-480 scheme. It was called "Ship to Mouth condition"
• The economic model was not a success, In this scenario, Judiciary came to the rescue.
• In the famous Golaknath case of 1967, SC changed its previous stance (doctrine of prospective overruling) by stating that in case of conflict between FRs and DPSP in the future, fundamental rights will be given importance.  
• Indira Gandhi's government came out with Privy Purses Abolition. This ordinance was challenged in SC and it was struck down by SC. 
• Indira Gandhi's government decided to do Nationalization of banks, and again it was struck down by SC. 
• In 1971, elections were held, and Gareebi hatao was the theme. 
• 24th Constitutional Amendment was passed- the heading of Article 368 was changed from Procedure to amend the constitution to power to amend the constitution. 
• This Constitutional amendment Act can not be called a LAW under Article 13 of the Indian constitution. 
• SC reacted in the Keshavanand Bharti case, 1973, by stating that parliament can amend any part of the constitution including FRs. It also stated that parliament can not amend the Basic structure of the constitution. The basic structure will be defined in a case-by-case basis by SC.  
• SC in the Maenka Gandhi case, came out with Due process of Law. 

ARTICLE 21- A BRIEF HISTORY 

• Immediately after the commencement of the constitution, the country witnessed conflict between the FRs and DPSPs. While FRs focussed on individuals, and the political and civil freedoms of people, DPSPs emphasized on collective economic and cultural freedoms of society. 
• Parliament had come out with the 1st Amendment to the constitution that restricted the scope of Article 13 by adding the IXth schedule to the constitution. 
• SC in the famous A K Gopalan case, 1950 has defined Article 21 in a narrow manner. It said that protection against the state under Article 21 is available only in case of arbitrary executive action and not from arbitrary legislative action. 
• SC has ruled that it was strictly following British legal practices wherein parliament has the sovereign power to make any legislation. The role of the judiciary is restricted to only to procedure established by law i.e. it means the judiciary will look into only whether the executive has implemented the law according to the procedure mentioned. Judiciary would not go into either the content of legislation or the intent behind the legislation. 
• Situation post-Keshavanand Bharti case
• Maenka Gandhi's passport was confiscated. The government argued that if the person would be travelling abroad and causing harm to the interest of the country then the passport can be confiscated. It was an arbitrary action by the state. 
• SC, in Maenka Gandhi's case, SC came out with Due process of law. It was a feature of the American system earlier. SC stated that it will not only look at the procedure but also will look at the Intention behind the law. It opened the floodgates of judicial activism. 
• It also expanded the scope of Article 21- It said every person has the right to have a DIGNIFIED life. 
• SC in Maenka Gandhi v/s UOI case 1978 has ruled that the Right to life and personal liberty also includes the right to have Dignified Existence. It has expanded the scope of Article 21 by introducing the concept of Due process of law i.e. Judiciary would not restrict itself to procedure established by law but also look into the content and the intent behind the implementation. 
• The judiciary can question arbitrary legislative action also as part of due process of law. 
• From 1978 onwards, SC expanded the scope of Article 21 to include the Right to health, Right to livelihood, Right against inhuman treatment, Right to travel abroad, Right against bonded labour, Right to education, Right to sleep, Right to marriage, Right to information, Right to sustainable development, Right to Free legal aid, Right of women to be treated with decency and dignity, Right to forget, and Right to privacy, and so on.  

ARTICLE 22 OF THE INDIAN CONSTITUTION 

• Protection against Arrest and Detention. 
• Article 22 grants protection to persons who are arrested or detained. There are two different types of detention
• a) Punitive detention
• b) Preventive detention
• Punitive detention is to punish a person for an offence committed by him after trial and conviction in a court. 
• Preventive detention means the detention of a person without trial and conviction by a court. Its objective is to prevent a person from committing an offence in the near future. It is only a precautionary measure and is based on suspicion. 
• Punitive detention (07:29 PM)
• When a person is arrested under ordinary laws, Article 22 grants certain rights 
• a) Right to be informed on the grounds of arrest.
• b) Right to consult and be defended by a lawyer. 
• c) Right to be produced before a magistrate within 24 hours, excluding travel time. 
• d) Right to be released after 24 hours unless the magistrate extends the period of detention. 
• These safeguards are not available to an enemy alien or a person arrested under preventive detention law. 
• SC also ruled that the safeguards are not available in other situations like being arrested due to failure to pay income tax, being arrested under the orders of a court, and in case of deportation of an alien. 
• Preventive detention 
• It is available both to citizens and aliens. 
• The detention of a person cannot exceed 3 months period unless an advisory board consisting of judges of HC find sufficient reason for extending detention. 
• The person must be informed about the reasons for his detention however, the facts which are considered to be against the public interest need not be disclosed. 
• The person should be given to make a representation against the detention order. 
• How can government detain one?- On a mere suspicion that one may cause harm to the security of the nation, the threat to public order. 
• Parliament has the power to make legislation on preventive detention connected with the Defense, Foreign affairs, and security of India. 
• Both Parliament, as well as the state legislative assembly, can concurrently make a law on preventive detention for reasons connected with the security of the state, Maintenance of Public order, and maintenance of supplies & essential services. 
• Since Independence, many preventive detention laws have been enacted by parliament (07:46 PM)
• Maintenance of Internal Security Act(MISA)
• NSA 1980- National security Act.
• Prevention of Black marketing and maintenance of supplies of essential commodities Act 1980. It is still in operation
• UAPA, unlawful activities prevention Act 1967, amended in 2004, 2008, 2012, and 2019. 
• No democratic country in the world has preventive detention as part of its constitution. USA and UK have removed them. 
• The UK had preventive detention during the world wars but later it was removed. The USA never had preventive detention.  
• Question:- Discuss important SC judgments related to Article 21 and also analyze their impact on the scope of article 21. (10 marks/ 150 words)

Here are 40 multiple-choice questions based on the provided class notes:

1. Which article of the Indian Constitution ensures protection against double jeopardy and self-incrimination?

a) Article 20

b) Article 21

c) Article 22

d) Article 23

Answer: a) Article 20

2. The principle of "No double jeopardy" means:

a) A person cannot be prosecuted for the same offence more than once.

b) A person cannot be compelled to be a witness against himself.

c) A law should come into effect after it is passed.

d) Retrospective taxation is against the principle of natural justice.

Answer: a) A person cannot be prosecuted for the same offence more than once.

3. The principle of "No self-incrimination" means:

a) A person cannot be prosecuted for the same offence more than once.

b) A person cannot be compelled to be a witness against himself.

c) A law should come into effect after it is passed.

d) Retrospective taxation is against the principle of natural justice.

Answer: b) A person cannot be compelled to be a witness against himself.

4. Which limitation is imposed on the provisions of Article 20?

a) They are applicable to both criminal and civil laws.

b) They are applicable only to criminal laws.

c) They are applicable only to tax laws.

d) They are not applicable to any type of laws.

Answer: b) They are applicable only to criminal laws.

5. Which case led to a conflict between Vodafone and the Government of India?

a) Vodafone tax dispute case

b) Vodafone retrospective tax legislation case

c) Vodafone's withdrawal of the case

d) Vodafone's agreement with the government

Answer: b) Vodafone retrospective tax legislation case

6. The government removed retrospective tax legislation from tax laws to:

a) Improve the ease of doing business

b) Overcome the SC judgment in the Vodafone tax dispute

c) Increase foreign direct investment (FDI) in India

d) Resolve conflicts between Vodafone and the government

Answer: a) Improve the ease of doing business

7. Which article of the Indian Constitution protects the right to life and personal liberty?

a) Article 20

b) Article 21

c) Article 22

d) Article 23

Answer: b) Article 21

8. According to Article 21, no person shall be deprived of his life or personal liberty except:

a) According to the procedure established by law

b) In case of arbitrary executive action

c) In case of arbitrary legislative action

d) In case of conflict with Directive Principles of State Policy (DPSP)

Answer: a) According to the procedure established by law

9. The conflict between fundamental rights (FRs) and DPSPs arose because:

a) FRs focus on individual self-interest, while DPSPs emphasize societal welfare.

b) FRs focus on societal welfare, while DPSPs emphasize individual self-interest.

c) FRs and DPSPs have conflicting definitions within the constitution.

d) FRs and DPSPs have equal importance in the Indian Constitution.

Answer: a) FRs focus on individual self-interest, while DPSPs emphasize societal welfare.

10. The judiciary's role in the procedure established by law is to:

a) Check the content and intent of the law.

b) Ensure the law is implemented as per the procedure mentioned.

c) Determine the constitutionality of the law.

d) Review the judiciary's functioning in the legislature.

Answer: b) Ensure the law is implemented as per the procedure mentioned.

11. In the Golaknath case, the Supreme Court changed its previous stance by stating

 that:

a) Fundamental rights will be given importance over DPSPs in case of conflict.

b) DPSPs will be given importance over fundamental rights in case of conflict.

c) Both fundamental rights and DPSPs are equally important.

d) The judiciary has no role in resolving conflicts between fundamental rights and DPSPs.

Answer: a) Fundamental rights will be given importance over DPSPs in case of conflict.

12. Which constitutional amendment changed the heading of Article 368 from "Procedure to amend the constitution" to "Power to amend the constitution"?

a) 24th Constitutional Amendment

b) 44th Constitutional Amendment

c) 42nd Constitutional Amendment

d) 73rd Constitutional Amendment

Answer: a) 24th Constitutional Amendment

13. The Keshavananda Bharti case established that Parliament can:

a) Amend any part of the constitution, including fundamental rights.

b) Amend the basic structure of the constitution.

c) Amend the constitution only with the President's approval.

d) Amend the constitution only with the Supreme Court's approval.

Answer: a) Amend any part of the constitution, including fundamental rights.

14. Due process of law, introduced in the Maenka Gandhi case, includes:

a) Restricting the judiciary's role to procedural matters.

b) Granting every person the right to a dignified life.

c) Limiting the scope of Article 21 to procedural safeguards.

d) Removing the judiciary's power to question legislative action.

Answer: b) Granting every person the right to a dignified life.

15. Article 22 of the Indian Constitution grants protection against:

a) Double jeopardy and self-incrimination.

b) Arrest and detention.

c) Arbitrary executive action.

d) Arbitrary legislative action.

Answer: b) Arrest and detention.

16. Punitive detention is meant to:

a) Prevent a person from committing an offence in the future.

b) Punish a person for an offence after trial and conviction.

c) Detain a person without trial and conviction based on suspicion.

d) Detain a person for non-payment of income tax.

Answer: b) Punish a person for an offence after trial and conviction.

17. Under ordinary laws, the rights granted to a person arrested include:

a) Right to be informed of the grounds of arrest.

b) Right to consult and be defended by a lawyer.

c) Right to be produced before a magistrate within 24 hours.

d) Right to be released after 24 hours unless the magistrate extends the detention period.

Answer: All of the above (a, b, c, d)

18. The safeguards mentioned in Article 22 are not available to:

a) Enemy aliens

b) Persons arrested under preventive detention law

c) Persons failing to pay income tax

d) All of the above

Answer: d) All of the above

19. Preventive detention is based on:

a) Trial and conviction in a court.

b) Punishment for an offence committed in the past.

c) Detaining a person without trial based on suspicion.

d) Detaining a person to prevent future offences.

Answer: c) Detaining a person without trial based on suspicion.

20. The maximum period of preventive detention cannot exceed:

a) 1 month

b) 3 months

c) 6 months

d) 1 year

Answer: b) 3 months

21. Which of the following reasons can justify preventive detention?

a) Threat to national security

b) Threat to public order

c) Threat to personal safety

d) All of the above

Answer: d) All of the above

22. The power to make legislation on preventive detention is given to:

a) Parliament only

b

) State legislative assembly only

c) Both Parliament and state legislative assembly

d) The President

Answer: c) Both Parliament and state legislative assembly

23. Which act is still in operation for the prevention of black marketing and maintenance of supplies of essential commodities?

a) Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act 1980

b) Unlawful Activities Prevention Act 1967

c) Maintenance of Internal Security Act (MISA)

d) National Security Act (NSA) 1980

Answer: a) Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act 1980

24. Which country does not have preventive detention as part of its constitution?

a) India

b) United States

c) United Kingdom

d) Both b) and c)

Answer: d) Both b) and c)

25. True or False: The UK had preventive detention during the world wars but later removed it.

a) True

b) False

Answer: a) True

26. True or False: The USA never had preventive detention.

a) True

b) False

Answer: a) True

27. Fill in the blank: The economic model of _______ was not a success, leading to judicial intervention.

a) Golaknath case

b) Vodafone tax dispute

c) Privy Purses Abolition

d) PL-480 scheme

Answer: d) PL-480 scheme

28. Fill in the blank: SC in the _______ case changed its previous stance and stated that fundamental rights will be given importance over DPSPs in the future.

a) Vodafone tax dispute

b) Golaknath case

c) Maenka Gandhi case

d) Keshavananda Bharti case

Answer: d) Keshavananda Bharti case

29. Fill in the blank: SC in the _______ case introduced the concept of Due process of law.

a) Privy Purses Abolition

b) PL-480 scheme

c) Golaknath case

d) Maenka Gandhi case

Answer: d) Maenka Gandhi case

30. Fill in the blank: SC in the Maenka Gandhi case ruled that every person has the right to a _______.

a) Legal aid

b) Dignified existence

c) Trial by jury

d) Free education

Answer: b) Dignified existence

31. Fill in the blank: The scope of Article 21 was expanded to include various rights such as the right to health, right to livelihood, right against inhuman treatment, and so on, starting from _______.

a) 1971

b) 1978

c) 1980

d) 1984

Answer: b) 1978

32. Fill in the blank: SC ruled in the A K Gopalan case that protection against the state under Article 21 is available only in case of arbitrary _______ action.

a) Legislative

b) Executive

c) Judicial

d) Military

Answer: b) Executive

33. Fill in the blank: SC ruled that it will not only look at the procedure but also the _______ behind the law in the Maenka Gandhi case.

a) Intent

b) Content

c) Interpretation

d) Implementation

Answer: a) Intent

34. Fill in the blank: The concept of due process of law opened the floodgates of _______.

a) Judicial activism

b) Executive power

c) Legislative authority

d) Parliamentary sovereignty

Answer: a) Judicial activism

35. Fill in the blank: The judiciary can question arbitrary _______ action as part of the due process

 of law.

a) Executive

b) Legislative

c) Judicial

d) Military

Answer: a) Executive

36. Fill in the blank: The executive's power of detention without trial is subjected to _______.

a) Judicial review

b) Parliamentary approval

c) Public referendum

d) Cabinet decision

Answer: a) Judicial review

37. Fill in the blank: The doctrine of procedural ultra vires is associated with _______.

a) Executive action

b) Legislative action

c) Judicial action

d) Presidential action

Answer: b) Legislative action

38. Fill in the blank: The _______ Doctrine says that no person should be made worse off by new legislation.

a) Non-retrospective

b) Retrospective

c) Procedural

d) Substantive

Answer: b) Retrospective

39. Fill in the blank: The principle of _______ states that the law should be prospective, not retrospective.

a) Lex talionis

b) Stare decisis

c) Nemo debet bis vexari

d) Non-retrospectivity

Answer: d) Non-retrospectivity

40. Fill in the blank: The principle of _______ states that an act is not an offence unless it is declared as such by a valid law.

a) Legality

b) Equity

c) Proportionality

d) Validity

Answer: a) Legality

1. What does Article 20 of the Indian Constitution prohibit?

Answer: No person shall be prosecuted and punished for the same offense more than once. It is known as "No double jeopardy."

2. What does Article 20 of the Indian Constitution protect against?

Answer: No person accused of any offense shall be compelled to be a witness against himself. It means "No self-incrimination."

3. What is the limitation of the provisions in Article 20 of the Indian Constitution?

Answer: The provisions against ex post facto law and retrospective taxation are applicable only to criminal laws, not civil laws or tax laws.

4. What was the conflict between Vodafone and the Government of India related to?

Answer: The conflict between Vodafone and the Government of India arose due to the retrospective tax legislation passed by the Parliament.

5. How did the government resolve the dispute with Vodafone?

Answer: The government reached an agreement with Vodafone, wherein the tax paid by Vodafone was returned, and Vodafone withdrew the case.

6. What has the government done to improve the ease of doing business regarding retrospective tax legislation?

Answer: The government has removed retrospective tax legislation from the tax laws of India.

7. What does Article 21 of the Indian Constitution protect?

Answer: Article 21 protects the right to life and personal liberty.

8. Who does Article 21 apply to?

Answer: Article 21 applies to both citizens and non-citizens/aliens.

9. What is the conflict between individual self-interest and societal welfare?

Answer: In a society, there is always a conflict between individual self-interest and societal welfare.

10. Which philosophy is more inclined towards individual self-interest?

Answer: Western liberal philosophy is more inclined towards the self-interest of the individual.

11. What was included in the Fundamental Rights to protect individual self-interest?

Answer: The Right to property was included in the Fundamental Rights to protect individual self-interest.

12. When there is a conflict between individual self-interest and societal welfare, which should be given importance?

Answer: In such cases, societal welfare should be given importance.

13. What action did the government take to implement land reforms?

Answer: The government introduced the land ceiling Act, which was struck down by the Supreme Court.

14. What is the IXth schedule of the Indian Constitution?

Answer: The IXth schedule of the Indian Constitution protects certain legislations from being scrutinized by the judiciary for their constitutionality.

15. What is the procedure established by law?

Answer: The procedure established by law is a British legal feature where the judiciary checks whether the executive has implemented the law as per the prescribed procedure.

16. In India, which is supreme, the constitution or the parliament?

Answer: In India, the constitution is supreme.

17. What did the Supreme Court state in the A.K. Gopalan case regarding the procedure established by law?

Answer: The Supreme Court followed the British method and stated that the judiciary would only look into whether the procedure was followed, not the content and intent of the law.

18. When did the Supreme Court change its stance on the conflict between FRs and DPSPs?

Answer: The Supreme Court changed its stance in the Golaknath case of 1967.

19. What did the Supreme Court state in the Golaknath case regarding the importance of fundamental rights?

Answer: The Supreme Court stated that in case of a conflict between fundamental rights and directive principles, fundamental rights would be given importance.

20. Which Constitutional Amendment Act changed the heading of Article 368?

Answer: The 24th Constitutional Amendment Act changed the heading of Article 368 from "Procedure to amend the constitution" to "Power to amend the constitution."

21. What did the Supreme Court state in the Keshavananda Bharti

 case regarding amending the constitution?

Answer: The Supreme Court stated that Parliament can amend any part of the constitution, including fundamental rights, but it cannot amend the basic structure of the constitution.

22. What did the Supreme Court introduce in the Maneka Gandhi case regarding due process of law?

Answer: The Supreme Court introduced the concept of due process of law, which considers both the procedure and the content/intent behind the law.

23. What conflict arose immediately after the commencement of the constitution regarding fundamental rights and directive principles?

Answer: There was a conflict between fundamental rights, which focused on individual freedoms, and directive principles, which emphasized collective economic and cultural freedoms.

24. What did the 1st Amendment to the constitution restrict regarding Article 13?

Answer: The 1st Amendment restricted the scope of Article 13 by adding the IXth schedule to the constitution.

25. What did the Supreme Court state in the A.K. Gopalan case regarding protection against the state under Article 21?

Answer: The Supreme Court stated that protection against the state under Article 21 is available only in cases of arbitrary executive action, not from arbitrary legislative action.

26. What did the Supreme Court rule regarding the scope of Article 22 for enemy aliens and persons under preventive detention?

Answer: The safeguards under Article 22 are not available to enemy aliens or persons arrested under preventive detention laws.

27. How long can preventive detention last?

Answer: Preventive detention cannot exceed a period of three months unless an advisory board finds sufficient reason for extending the detention.

28. What rights are granted to a person when arrested under ordinary laws?

Answer: The rights include being informed of the grounds of arrest, consulting and being defended by a lawyer, being produced before a magistrate within 24 hours, and being released after 24 hours unless the magistrate extends the detention.

29. Are the safeguards under Article 22 available in all situations of arrest?

Answer: No, the safeguards are not available in situations such as failure to pay income tax, arrest under court orders, or deportation of an alien.

30. What is the objective of punitive detention?

Answer: Punitive detention is to punish a person for an offense committed after trial and conviction in a court.

31. What is the objective of preventive detention?

Answer: Preventive detention aims to prevent a person from committing an offense in the near future and is based on suspicion.

32. What can the government detain a person for under preventive detention?

Answer: The government can detain a person based on a mere suspicion that they may cause harm to the security of the nation or public order.

33. Which legislative bodies can make laws on preventive detention?

Answer: Both Parliament and state legislative assemblies can make laws on preventive detention related to defense, foreign affairs, security of India, maintenance of public order, and maintenance of supplies and essential services.

34. What are some examples of preventive detention laws enacted by Parliament?

Answer: Examples include the Maintenance of Internal Security Act (MISA), National Security Act (NSA), Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, and Unlawful Activities Prevention Act (UAPA).

35. What is the status of preventive detention in democratic countries?

Answer: No democratic country in the world has preventive detention as part of its constitution. The UK and the USA have removed it.

36. When did the UK and the USA remove preventive detention?

Answer: The UK removed preventive detention after the world wars, and the USA never had it.

37. What did the Supreme Court state in the Maneka Gandhi case regarding the scope of Article 21?

Answer: The Supreme Court expanded the scope of Article 21 to include the right to have a dignified life and began considering the content and intent behind the law.

Discuss important SC judgments related to Article 21 and also analyze their impact on the scope of article 21. (10 marks/ 150 words)

Important Supreme Court judgments related to Article 21 have played a significant role in shaping the scope and interpretation of this fundamental right. One such landmark judgment is the AK Gopalan case in 1950, where the Supreme Court defined Article 21 in a narrow manner, stating that protection against the state under Article 21 is available only in cases of arbitrary executive action and not from arbitrary legislative action. This decision reflected the British legal practice of giving sovereign power to the parliament to make any legislation, with the role of the judiciary restricted to checking the implementation of laws according to established procedures.

However, the scope of Article 21 expanded considerably after the Keshavananda Bharti case in 1973. In this case, the Supreme Court held that while Parliament has the power to amend any part of the Constitution, including fundamental rights, it cannot amend the basic structure of the Constitution. The concept of basic structure was defined on a case-by-case basis by the Court. Following this judgment, the Supreme Court became more proactive and introduced the concept of due process of law, which involved considering both the procedure and the intention behind the law. The Court ruled that every person has the right to a dignified life, expanding the scope of Article 21.

From 1978 onwards, the Supreme Court further expanded the scope of Article 21 through various judgments. It recognized rights such as the right to health, right to livelihood, right against inhuman treatment, right to travel abroad, right against bonded labor, right to education, right to sleep, right to marriage, right to information, right to sustainable development, right to free legal aid, right of women to be treated with decency and dignity, right to privacy, and many others.

These judgments have had a significant impact on the scope of Article 21 by recognizing and protecting a wide range of individual rights and liberties. The Court's interpretation of due process of law has allowed it to scrutinize both legislative and executive actions for their constitutionality and ensure that the rights of individuals are adequately protected. These judgments have strengthened the position of Article 21 as a crucial safeguard for the protection of life and personal liberty in India.