18.Article 21, 21-A, 22, 23 and 24

Question 1

What is the concept of Due Process of Law?

Answer 1

Due Process of Law is a US concept that emphasizes constitutional supremacy and the protection of rights. It requires laws to be just, fair, and reasonable.

Question 2

What is the concept of Procedure Established by Law?

Answer 2

Procedure Established by Law is a British concept that emphasizes Parliament’s supremacy. It focuses on checking laws only for procedural flaws rather than their fairness or reasonableness.

Question 3

Which concept prioritizes constitutional supremacy?

Answer 3

Due Process of Law prioritizes constitutional supremacy.

Question 4

Which concept prioritizes Parliament’s supremacy?

Answer 4

Procedure Established by Law prioritizes Parliament’s supremacy.

Question 5

Which concept places more emphasis on protecting rights?

Answer 5

Due Process of Law places more emphasis on protecting rights.

Question 6

Which concept checks laws for procedural flaws?

Answer 6

Procedure Established by Law checks laws for procedural flaws.

Question 7

Which concept requires laws to be just, fair, and reasonable?

Answer 7

Due Process of Law requires laws to be just, fair, and reasonable.

Question 8

Which concept focuses only on procedural flaws in laws?

Answer 8

Procedure Established by Law focuses only on procedural flaws in laws.

Question 9

What does the term “Due process of law” mean?

Answer 9

The term “Due process of law” means that any law enacted by the Parliament should be tested on the grounds of justice, fairness, and reasonability.

Question 10

Which articles of the Indian Constitution are used to test the validity of a law under the concept of Due Process of Law?

Answer 10

The validity of a law under the concept of Due Process of Law is tested under Article 14, Article 19, and Article 21 of the Indian Constitution.

Question 11

How should the procedure established by law be according to Article 21 of the Indian Constitution?

Answer 11

The procedure prescribed by law for depriving a person of his life and personal liberty must be “right, just and fair” and not “arbitrary, fanciful and oppressive,” according to Article 21.

Question 12

In which case did the Bombay High Court uphold the right to food of choice as a part of the right to life under Article 21?

Answer 12

In Shaikh Zahid Mukhtar v. State of Maharashtra (2016), the Bombay High Court upheld the right to food of choice as a part of the right to life under Article 21.

Question 13

What was the contention in the Rajbala Case (2015) regarding the education qualification criteria for Panchayat Elections in Haryana?

Answer 13

The contention in the Rajbala Case was that the education qualification criteria violated Article 14 due to its “arbitrariness.”

Question 14

How did the Supreme Court rule on the education qualification criteria for Panchayat Elections in Haryana in the Rajbala Case?

Answer 14

The Supreme Court ruled that since the State government has the authority to make laws for Panchayat Elections, the education qualification criteria were not invalid.

Question 15

According to the Kharak Singh case, what does the term “life” in Article 21 of the Indian Constitution encompass?

Answer 15

According to the Kharak Singh case, the term “life” in Article 21 encompasses a life that is dignified in nature, beyond mere animal existence.

Question 16

What rights have been included under Article 21 by the judiciary?

Answer 16

The rights included under Article 21 by the judiciary are the right to go abroad, the right to privacy, the right to education, the right against solitary confinement, the right against handcuffing, the right against delayed execution, the right to food, the right to food of one’s own choice, the right to marry, the right to shelter, the right to livelihood, the right to health and medical aid, the right against custodial death, the right against public hanging, the right to a clean environment, and the right to clean water.

Question 17

Which case recognized the right against custodial death?

Answer 17

The right against custodial death was recognized in the case of Nilabati Behera vs State of Orissa.

Question 18

What are the two types of custody mentioned in the text?

Answer 18

The two types of custody mentioned are Police Custody and Judicial Custody.

Question 19

What are the guidelines issued by the Supreme Court in the DK Basu Case?

Answer 19

The guidelines issued by the Supreme Court in the DK Basu Case are:

1.Preparation of a memo of arrest at the time of arrest.
2.Informing the arrested person of their right to inform someone about their arrest or detention.
3.Notifying the time, place, and venue of arrest and custody to the arrested person.
4.Communicating the reason for arrest to the arrested person.
5.Making an entry in the diary regarding the arrest.
6.Subjecting the arrestee to medical examination by a trained doctor every 48 hours.
7.Allowing the arrestee to meet their lawyer during interrogation (Legal Recourse).
8.Producing the arrested person before a judicial magistrate immediately.

Question 20

What judgment in 2017 upheld the right to privacy as integral to the right to life?

Answer 20

The Puttaswamy Judgment in 2017, also known as Aadhar Bill judgment, upheld the right to privacy as integral to the right to life under Article 21.

Question 21

What case declared sexual harassment at the workplace as a violation of rights?

Answer 21

In Vishakha v. State of Rajasthan, the Supreme Court declared sexual harassment of a working woman at her workplace as a violation of the rights of gender equality and the rights to life and liberty under Articles 14, 15, and 21 of the Constitution.

Question 22

What legislation was enacted to protect women from sexual harassment at the workplace?

Answer 22

The Parliament enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, also known as POSH, to protect women at work from sexual harassment.

Question 23

What rights are considered part of the right to live with human dignity?

Answer 23

The right to live with human dignity includes the right to privacy, right to marriage, right to be forgotten, and other related rights.

Question 24

In which case was the right to be forgotten established as part of Article 21?

Answer 24

The Zorawar Singh Mundy Case (2020) established the right to be forgotten as part of Article 21.

Question 25

What instructions did the Court issue in the Zorawar Singh Mundy Case?

Answer 25

The Court issued instructions to online sites to delete the data from the internet as part of the right to be forgotten.

Question 26

Which case decriminalized a part of Section 377 and expanded the right to life for the LGBTQ community?

Answer 26

The Navtej Singh Johar Case decriminalized a part of Section 377 and expanded the right to life for the LGBTQ community to follow their sexual orientation.

Question 27

What did the Court hold in the P Rathinam Case regarding the right to die?

Answer 27

In the P Rathinam Case (1994), the Court held that the right to life includes the right to die.

Question 28

What did the Court hold in the Gian Kaur Case regarding the right to die?

Answer 28

In the Gian Kaur Case (1996), the Court held that the right to life does not mean the right to die.

Question 29

What changes were made by the Mental Healthcare Act, 2016 regarding suicide?

Answer 29

The Mental Healthcare Act, 2016 decriminalized suicide and made it the duty of the State to provide medical aid and mental healthcare sessions to individuals in need.

Question 30

What is euthanasia?

Answer 30

Euthanasia refers to the act of taking away life to relieve suffering.

Question 31

What is active euthanasia?

Answer 31

Active euthanasia involves killing someone through an active process, such as administering a lethal injection.

Question 32

What is passive euthanasia?

Answer 32

Passive euthanasia involves killing someone through a passive process, typically by withdrawing life support.

Question 33

Which case allowed for the process of passive euthanasia with the concept of a living will?

Answer 33

The Aruna Shanbaug Case (2011) allowed for the process of passive euthanasia with the concept of a living will.

Question 34

In which judgment did the Court legally allow passive euthanasia in India?

Answer 34

In the Common Cause judgment (2018), the Court legally allowed passive euthanasia in India and provided guidelines for “living wills” made by terminally ill patients.

Question 35

What did the Court declare regarding the right to die with dignity?

Answer 35

The Court declared that the right to die with dignity is a part of the right to life under Article 21.