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The term 'procedure established by law' under Article 21 of the Constitution of India is borrowed from :

  • A.French Constitution
  • B.Canadian Constitution
  • C.Japanese Constitution
  • D.Weimer Constitution of Germany

Answer: C

The phrase was borrowed from the Japanese Constitution.

Article 31 of the Constitution of Japan (1947) provides that no person shall be deprived of life or liberty except according to procedure established by law. The Constituent Assembly, on the advice of B.N. Rau after his discussions with Justice Frankfurter, chose this wording over the American 'due process of law' in drafting Article 21, to avoid wide judicial review of legislation.

The French, Canadian and Weimar constitutions were sources for other features, such as republican ideals, the federal structure with a strong centre, and the suspension of fundamental rights during emergency, not for this phrase.

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