PWOnlyIAS
November 20, 2024 05:30
859
0
Explore the Difference between Procedure Established by Law and Due Process of Law to understand how India balances procedural validity and fairness.
Difference between Procedure Established by Law and Due Process of Law: Understanding the Difference between Procedure Established by Law and Due Process of Law is essential for anyone studying constitutional law or human rights in India. These legal principles seem similar in function but differ significantly in scope, origin, and application, particularly in protecting individual rights under the Constitution of India. Both terms are inherently connected to Article 21 in the Constitution of India, which guarantees the right to life and personal liberty.
This informational guide will explore these concepts, their origins, meanings, and implications and their impact on the Indian legal framework.
The Procedure Established by Law is a principle derived from the Constitution of India, particularly Article 21. This doctrine mandates that a law passed by the legislature is valid and enforceable if it follows the prescribed legislative process.
The meaning of procedure established by law suggests that the judiciary checks whether the law in question has been enacted following the prescribed constitutional procedure. If it has, the law is upheld, irrespective of its fairness, reasonableness, or morality.
Procedure Established by Law is derived from the Japanese legal system and was incorporated into Indian law through Article 21 in the Constitution of India. The term ensures that no person is deprived of their life or personal liberty except through procedures authorized by law.
The Due Process of Law is a broader concept. Although not explicitly mentioned in the Indian Constitution, its essence influences judicial interpretations. It requires that laws follow proper legislative procedures and that the laws themselves must be fair, just, and reasonable. This concept emphasizes the protection of individual rights and ensures substantive justice.
The meaning of due process of law includes both procedural and substantive aspects of the law. It ensures that laws comply with justice, fairness, and reasonableness, even if enacted according to legislative procedures.
The doctrine of due process of law originated in English common law and is rooted in the Magna Carta, particularly from the Fifth and Fourteenth Amendments of the U.S. Constitution. While it was not explicitly mentioned in the Indian Constitution, judicial interpretation has adopted it in spirit.
The Difference between Procedure Established by Law and Due Process of Law lies in their scope, focus, and application in protecting individual rights. Below is a comparative analysis:
| Key Differences Between Procedure Established by Law and Due Process of Law | ||
| Aspect | Procedure Established by Law | Due Process of Law |
| Definition | Ensures laws are enacted following legislative procedures. | Ensures laws are fair, just, and reasonable. |
| Origin | The Japanese legal system. | The U.S. Constitution. |
| Focus | Procedural validity of laws. | Substantive justice and protection of fundamental rights. |
| Scope | Narrower, as it checks only procedural compliance. | Broader, as it includes both procedural and substantive aspects. |
| Application | Upholds laws even if they are unreasonable or unjust. | Strikes down laws violating fairness or natural justice. |
| Article in Indian Constitution | Explicitly referenced in Article 21 of the Constitution of India. | Implicitly interpreted through judicial activism. |
| Judicial Review | Limited courts do not question the fairness of laws. | Extensive; courts can strike down unjust laws. |
| Example in India | A. K. Gopalan v. State of Madras (1950) | Maneka Gandhi v. Union of India (1978) |
Understanding the practical implications of Procedure Established by Law vs. Due Process of Law will help in analyzing how these doctrines operate in real-life cases.
Under the principle of procedure established by law, courts evaluate whether the state has followed the prescribed procedure before depriving someone of life or liberty. For example:
Whereas, due process of law allows the judiciary to go beyond procedural compliance and examine whether the law itself is fair and just. For example:
| Article 21 states:
“No person shall be deprived of his life or personal liberty except according to the procedure established by law.” |
Initially, Article 21 of the Constitution of India adhered strictly to the procedure established by law. This modified the judiciary’s ability to examine procedural compliance alone.
On the other hand, over time Indian courts adopted a liberal interpretation that incorporated the essence of due process of law. This shift ensured that laws violating fairness and justice could be struck down, even if procedurally valid.
India currently follows a combined approach. Procedure Established by Law remains the constitutional mandate, but judicial activism has infused the principles of Due Process of Law into its interpretations.
Previous Year Questions (PYQs) from the UPSC Civil Services Exam (CSE) often comprise the questions from the Difference between Procedure Established by Law and Due Process of Law topic, which makes it vital for aspirants to understand comprehensively.
Q.1 In essence, what does’ Due Process of Law’ mean?
The Difference between Procedure Established by Law and Due Process of Law highlights the evolution of legal principles in India, particularly concerning the protection of fundamental rights under Article 21 in the Constitution of India. While the procedure established by law emphasizes procedural correctness, due process of law ensures substantive justice, fairness, and adherence to natural justice principles.
Ready to boost your UPSC 2025 preparation? Join PW’s UPSC online courses today!
UPSC Exam 2025 Related Articles
UPSC Prelims 2025 Exam
UPSC Notification 2025
UPSC Preparation 2025
UPSC Eligibility 2025
UPSC Exam Pattern
UPSC Syllabus
.png)
Connect with our experts to get free counselling & start preparing
Learn From India's Best Faculty
Learn From India's Best Faculty
<div class="new-fform">
</div>
Latest Comments