Indian Hotel And Restaurant ... vs The State Of Maharashtra Home ... on 17 January, 2019
But after the decision in Maneka Gandhi [Maneka Gandhi v.
Union of India, (1978) 1 SCC 248] which marks a watershed
in the development of constitutional law in our country, this
Court, for the first time, took the view that Article 21 affords
protection not only against the executive action but also
against the legislation which deprives a person of his life and
personal liberty unless the law for deprivation is reasonable,
just and fair. And it was held that the concept of
reasonableness runs like a golden thread through the entire
fabric of the Constitution and it is not enough for the law to
provide some semblance of a procedure. The procedure for
depriving a person of his life and personal liberty must be
eminently just, reasonable and fair and if challenged before
the court it is for the court to determine whether such
procedure is reasonable, just and fair and if the court finds
that it is not so, the court will strike down the same.