Question

Landmark decision of the Supreme Court which reflects the incorporation of principles of natural law into the positive law framework in the process of development of Indian jurisprudence.

• A. Golaknath v State of Punjab
• B. Maneka Gandhi v Union of India
• C. Keshavan Madhava Menon v State of Bombay
• D. Both (b) and (c)

Hint:

The Maneka Gandhi case is considered the watershed moment that imported the American concept of "Due Process of Law" into Indian Constitutional Law.

Answer 1

The Correct Option is B

Step 1: Understanding the Question:
The question asks us to identify the landmark Supreme Court decision that successfully incorporated principles of natural law (specifically natural justice) into the positive constitutional framework of India.

Step 2: Key Concepts and Approach: We need to look at how Article 21 of the Indian Constitution ("procedure established by law") was interpreted.
We must identify the case that shifted the interpretation from a narrow, positivist view to a broad, natural-law-oriented view.

Step 3: Detailed Explanation:

• Narrow Positivist Phase: In early cases like A.K. Gopalan v. State of Madras, the Supreme Court took a strictly positivist view, holding that "procedure established by law" meant any procedure enacted by a competent legislature, regardless of whether it was fair or just.

• Maneka Gandhi v. Union of India (1978): In this landmark case, the Court departed from the Gopalan view. It held that the procedure depriving a person of life or liberty under Article 21 must be "just, fair, and reasonable" and not arbitrary.

• Natural Law Integration: By reading the principles of natural justice (such as audi alteram partem) directly into Article 21, the Court incorporated substantive natural law principles into the written positive law of the Constitution.

Step 4: Final Answer:
The case that reflects this incorporation is Maneka Gandhi v. Union of India. Hence, Option B is correct.