In essence, what does 'Due Process of Law' mean?

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UPSC Prelims is a competitive examination conducted in India. This question is from the 2023 UPSC Prelims Indian Polity & Governance paper.

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Question

In essence, what does 'Due Process of Law' mean?

Accepted Answer

Correct Answer: A — The principle of natural justiceStep-by-step Solution:Due Process of Law is a doctrine that ensures the procedure used to make or enforce a law is free from arbitrariness and irrationality. It embodies the principle of natural justice, particularly the rule of audi alteram partem (hear the other side). The Supreme Court of India recognized the principle of due process in the Maneka Gandhi case (1978) to remove arbitrariness.Why other options are incorrect:Option B (The procedure established by law): This is the narrower doctrine originally present in Article 21 of the Indian Constitution (before Maneka Gandhi case). It only checks whether the law was passed through proper legislative procedure, not whether it is fair or just.Option C (Fair application of law): This is part of due process but not its essence; due process is broader, covering both procedural and substantive fairness.Option D (Equality before law): This is a separate constitutional principle under Article 14, dealing with equal treatment, not the specific requirement of procedural fairness in depriving someone of life or liberty.Key Concept: Due Process of Law has two aspects: (i) Procedural due process — fairness of procedures followed; (ii) Substantive due process — whether the law itself is just, reasonable, and not arbitrary. The phrase does not explicitly appear in the Indian Constitution but has been read into Article 21 by judicial interpretation.

In essence, what does 'Due Process of Law' mean?

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More Questions from Fundamental Rights – Articles 12 to 35

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In essence, what does 'Due Process of Law' mean?

Master UPSC Prelims with Our Test Series

More Questions from Fundamental Rights – Articles 12 to 35

Frequently Asked Questions