CAPF AC 2021 Q94: Indian Polity – Fundamental Rights
- (a) It was held that Article 19 and Article 21 are not watertight compartments.
- (b) It was held that a law coming under Article 21 may not satisfy the requirements of Article 19.
- (c) A fair trial eliminates the biases against the accused in the trial.
- (d) The right to life under Article 21 does not include the right to die.
Answer: (b) It was held that a law coming under Article 21 may not satisfy the requirements of Article 19.
Explanation
Maneka Gandhi v. Union of India (1978)
How to think: the heart of this case is that Articles 14, 19 and 21 work together.
They are called the golden triangle.
A law that takes away personal liberty must pass the test of all three.
So find the statement that says the opposite.
| Statement | Verdict | Reason |
|---|---|---|
| Articles 19 and 21 are not watertight compartments | True | This overruled the view in A. K. Gopalan (1950) |
| A law under Article 21 may not satisfy Article 19 | False | The Court held it must also satisfy Articles 19 and 14 |
| A fair trial removes bias against the accused | True | The procedure must be just, fair and reasonable |
| The right to life does not include the right to die | True in law | Settled later in Gian Kaur (1996) |
The facts: Maneka Gandhi's passport was impounded without giving reasons.
The Court held that the right to travel abroad is part of personal liberty.
Note: the bank earlier carried key (d); statement (b) contradicts the judgment, so the key is corrected to (b).
Answer: (b).
Why each option is right or wrong
- (a) Incorrect. This is true: the Court held Articles 19 and 21 are not watertight compartments.
- (b) CORRECT. This is wrong: a law under Article 21 must also satisfy Article 19 and Article 14.
- (c) Incorrect. This is true: a fair procedure is what the judgment demands.
- (d) Incorrect. This is a true statement of law: Article 21 does not include a right to die (Gian Kaur, 1996).
Key point
Maneka Gandhi (1978): overruled Gopalan; Articles 14, 19 and 21 are interlinked (golden triangle); procedure established by law must be just, fair and reasonable; right to travel abroad is part of personal liberty.
Remember
Maneka Gandhi: Articles 14, 19 and 21 must all be satisfied.
Common mistakes
- Reading may not satisfy as harmless, when the Court said the law must satisfy Article 19.
- Marking (d) because the right to die was decided in a different case.
- Mixing up the holdings of Gopalan (separate compartments) and Maneka Gandhi.
Exam tip
Educated guess: statements (a) and (b) contradict each other. If the Articles are not watertight compartments, a law under one must meet the other. So one of them is wrong, and (a) is the famous line.
Sources
- Maneka Gandhi v. Union of India (1978) and Gian Kaur v. State of Punjab (1996), Supreme Court of India
- NCERT Class XI Political Science — Indian Constitution at Work, Chapter 2: Rights in the Indian Constitution