Answer:

Introduction:

The “Due Process” clause, a principle primarily embedded in American constitutional law, implies that the government must respect all the legal rights an individual is entitled to under the law. In the context of the Indian constitution, the idea of “Due Process” has seen an evolutionary trajectory, with the concept being interpreted and adapted differently over the years. The “Basic Structure” doctrine, on the other hand, is a judicial principle that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by the Parliament. Both these concepts have had profound implications on the constitutional law and governance of India.

Body:

Evolution of Due Process in Indian Constitutional Law

• Pre-Independence Era: 
  • The idea of “Due Process” was discussed during the drafting of the Constitution, but was eventually left out, primarily due to concerns over potential misuse by the judiciary to obstruct social reform legislation.
  • Thus, the Constitution adopted the phrase “procedure established by law” in Article 21 instead.
• Post-Independence Era: 
  • Over time, the Supreme Court, through various judgments, started reading “Due Process” into Article 21. 
  • This evolution began with the judgment in the case of Maneka Gandhi vs Union of India (1978), where the Supreme Court held that the procedure established by law for depriving a person of his life or personal liberty must be fair, just, and reasonable, not fanciful or arbitrary.

Significance of Due Process in Indian Constitutional Law

• It guarantees that laws depriving an individual of their life or personal liberty must stand the test of being fair, just, and reasonable.
• It grants the judiciary the power to review and interpret the constitutionality of laws and actions of the executive.

Differences from the Basic Structure Doctrine

While both the Due Process clause and the Basic Structure doctrine are judicially evolved principles, they vary in their essence and operation:

• Scope: 
  • The Due Process clause applies primarily to laws and executive actions pertaining to life and personal liberty (Article 21), while the Basic Structure doctrine pertains to the constitutional amendments (Article 368), limiting the Parliament’s power to alter the fundamental essence of the Constitution.
• Application: 
  • The Due Process clause allows for judicial review of legislative and executive actions to ensure they are fair, just, and reasonable. 
  • The Basic Structure doctrine, on the other hand, provides the judiciary with the authority to nullify any constitutional amendments that it deems are destroying or altering the basic structure of the Constitution.
• Evolution: 
  • The concept of Due Process evolved gradually through various judgments interpreting Article 21, while the Basic Structure doctrine was articulated explicitly in the landmark Kesavananda Bharati case (1973).

Conclusion:

The concepts of Due Process and the Basic Structure doctrine, while different in their scope and application, both highlight the proactive role of the judiciary in upholding constitutional principles. They demonstrate the checks and balances within the Indian legal system and contribute significantly to the protection of individual rights and the preservation of the foundational elements of the Constitution. They act as pillars of India’s vibrant democracy, safeguarding the Constitution from potential legislative and executive overreach.

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