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The phrase 'procedure established by the law' means

  • A.the judges in India cannot question the fairness or validity of a law, provided it is within the limits of the constitution
  • B.judges in India can question the fairness or validity of an undue law even if it is within the limits of the constitution
  • C.judges in India can declare a law invalid simply because in their opinion the law is not due or is unjust
  • D.None of the above

Answer: A

'Procedure established by law' means judges cannot question the fairness or validity of a law, only whether the prescribed procedure was followed.

The phrase, taken from Japanese and English practice, is narrower than the American 'due process of law'. The Supreme Court effectively read due process into it in Maneka Gandhi (1978) by requiring the procedure itself to be fair and reasonable.

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