<<–2/”>a href=”https://exam.pscnotes.com/5653-2/”>p>”Due Process of Law” and “Procedure Established by Law,” incorporating the Elements you requested:
Introduction
The concepts of “due process of law” and “procedure established by law” are fundamental legal principles that govern how the law is applied to individuals. While they share the goal of ensuring fairness and Justice, their approaches and implications differ significantly.
Key Differences in Table Format
| Feature | Due Process of Law | Procedure Established by Law |
|---|---|---|
| Origin | U.S. Constitution (5th and 14th Amendments) | British legal system |
| Focus | Fairness of both laws and procedures | Adherence to procedural steps laid out in law |
| Scope | Broader â includes substantive and procedural rights | Narrower â emphasizes following the letter of the law |
| Flexibility | Allows for judicial interpretation and evolution | Rigidity in adhering to established procedures |
| Protection | Protects against arbitrary and unjust deprivation of rights | May not protect against unjust laws if procedures are followed |
| Judicial Review | Courts play an active role in assessing fairness of laws | Limited judicial review on substance of law, focus on procedure |
| Example | Striking down a discriminatory law due to lack of fairness | Upholding a law if procedures were followed, even if unjust |
Advantages and Disadvantages
| Concept | Advantages | Disadvantages |
|---|---|---|
| Due Process of Law | Protects Fundamental Rights, ensures fairness, allows for judicial oversight and flexibility | Can lead to Judicial Overreach, potential for delays in legal proceedings |
| Procedure Established by Law | Promotes legal certainty, predictability, and efficiency | May not protect against unjust or discriminatory laws, potential for abuse of power |
Similarities
- Both concepts aim to ensure a just and fair legal system.
- Both provide a framework for the application of law.
- Both recognize the importance of following legal procedures.
FAQs on Due Process and Procedure Established by Law
1. Does India follow the due process of law?
India’s Constitution does not explicitly mention “due process of law,” but The Supreme Court has incorporated elements of due process through interpretations of fundamental rights, particularly ARTICLE 21 (right to life and personal Liberty).
2. Can a law be valid even if it violates due process?
No, a law that violates due process is generally considered unconstitutional and invalid.
3. What is the difference between procedural due process and substantive due process?
- Procedural due process focuses on the fairness of the legal process itself (e.g., right to notice, hearing, etc.).
- Substantive due process examines the fairness of the content of the law (e.g., whether a law is arbitrary or discriminatory).
4. How does the concept of “procedure established by law” affect legal proceedings?
It mandates that the legal process follows the specific steps and procedures outlined in the law, ensuring consistency and predictability.
5. Can a law that follows “procedure established by law” still be challenged?
Yes, even if a law follows the established procedure, it can be challenged on grounds of violating fundamental rights or being unconstitutional in other ways.
Let me know if you’d like any clarification or further elaboration on these concepts!