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Assertion (A) : Procedure of law must be reasonable and fair.

Reason (R) : Procedural law should not violate Human Rights.

  • A.Both (A) and (R) are true and (R) is the correct explanation of (A).
  • B.Both (A) and (R) are true, but (R) is not the correct explanation of (A).
  • C.(A) is true, (R) is false.
  • D.(A) is false, (R) is true.

Answer: A

Both statements are true and the Reason explains the Assertion. Since Maneka Gandhi v. Union of India (1978), the procedure established by law under Article 21 must be reasonable, fair and just, and not arbitrary.

The Reason, that procedural law should not violate human rights, is the ground of this requirement: the procedure must be fair precisely because a procedure that violates human rights would defeat the right to life and liberty that Article 21 protects. So (R) explains (A).

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