Introduction
Due process of law and procedure established by law are two important legal doctrines that safeguard individual liberty. They determine how the State can restrict the life and personal liberty of a person under Article 21 of the Indian Constitution.
Body
Due process of law (Law + Procedure + Fairness/Justice)originated in the United States Constitution. It means that a law affecting life or liberty must be not only enacted by the legislature but also be just, fair, and reasonable. Under this doctrine, the judiciary has the power to examine both the substance and the procedure of a law. If a law is arbitrary or unreasonable, it can be declared unconstitutional.
On the other hand, procedure established by law (Law + Procedure) has its origin in the Japanese Constitution. It means that a person’s liberty can be restricted if the procedure prescribed by a validly enacted law is followed. The courts cannot question the fairness or reasonableness of the law, but only check whether the correct procedure has been applied.
Initially, India adopted procedure established by law. However, through judicial interpretation in cases like Maneka Gandhi vs Union of India, Article 21 now incorporates elements of due process.
Conclusion
Thus, while procedure established by law emphasizes legislative supremacy, due process of law ensures stronger judicial protection of individual rights. The Indian approach represents a balanced blend of both doctrines.
