The concept of 'Procedure established by Law' of Indian Constitution is borrowed from the constitution of

Appeared in: DSSSB - 29 August 2019 (Shift-2)

Explanation

The concept of 'Procedure established by Law' was adopted from the Constitution of Japan.
This principle is explicitly mentioned in Article 21 of the Indian Constitution, which deals with the Protection of Life and Personal Liberty.
It signifies that a law duly enacted by the legislature is valid even if it is contrary to principles of justice and equity.
However, the Supreme Court's interpretation in the Maneka Gandhi case added the requirement that the procedure must be fair, just, and reasonable, bringing it closer to the American 'Due Process of Law'.

Option A: The ideals of Liberty, Equality, and Fraternity in the Preamble, and the concept of 'Republic' were borrowed from the Constitution of France, not the 'procedure established by law'.
Option B: The Indian Constitution borrowed the concepts of Fundamental Duties and the ideals of social, economic, and political justice from the Constitution of the former USSR.
Option D: The provision for the suspension of Fundamental Rights during a national emergency was borrowed from the Weimar Constitution of Germany.

Clinical Relevance

Nursing practice connection: This is primarily an exam-oriented knowledge point with limited direct bedside application, so retain Sources of the Indian Constitution as background academic context rather than a clinical decision trigger.
This is a non-nursing question, but understanding constitutional principles is vital for all citizens, including healthcare professionals.
Knowledge of Article 21 (Right to Life and Personal Liberty) is fundamental for nurses to act as patient advocates, ensuring that patient rights are not violated during care, especially in medico-legal cases.
A nurse's understanding of legal procedures and rights helps in maintaining professional boundaries and ensuring that any action taken is within the framework of the law.

How to Approach the Question

First, identify the key phrase in the question: 'Procedure established by Law'.
This is a factual recall question from the topic 'Sources of the Indian Constitution' in Indian Polity.
Recall the list of features borrowed by the Indian Constitution from various countries.
Match the phrase 'Procedure established by Law' with the correct source country from the options.
Japan is the source for this specific concept. Differentiate this from the 'Due Process of Law' (American concept) and other features borrowed from France, USSR, and Germany to confirm the answer.

Concept Tested & Keywords

Qo5ob3WM10TvVKSWqUEDaC

E6 Handbook of Forensic Nursing Suresh Sharma p. 49-51

Practise the full DSSSB - 29 August 2019 (Shift-2)

Attempt every question from this paper in a timed mock, then review the full solution for each one.