The arguments of Justice Chandrachud in Mithu v State...

The arguments of Justice Chandrachud in Mithu v State of Punjab (1983 SCC (Cr) 404) on the constitutional validity of Section 303 are extremely relevant. Citing several decisions by the Supreme Court which expanded the meaning and scope of Arts. 14 (Right to Equality) and 21 (Right to Life and Personal Liberty), he argued that Art. 21 could now be read as "No person shall be deprived of his right to life or personal liberty except according to fair, just and reasonable procedure established by valid law." He further said: "The last word on the question of justness or fairness does not rest with the legislature... It is for the courts to decide whether the procedure prescribed by a law for depriving a person of his life or liberty is fair, just and reasonable." This decision unequivocally advocates the striking down of Section 303 as unconstitutional.