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

In essence, what does ‘Due Process of Law’ mean?

[amp_mcq option1=”The principle of natural justice” option2=”The procedure established by law” option3=”Fair application of law” option4=”Equality before law” correct=”option3″]

This question was previously asked in

UPSC IAS – 2023

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‘Due Process of Law’ is a legal principle that the state must respect all legal rights that are owed to a person according to the law. In essence, it means that when the state acts to deprive a person of life, liberty, or property, it must follow fair procedures, and the law itself must be fair, just, and reasonable. Option C, “Fair application of law,” best captures this essence, as it implies that the process is fair, and the law being applied is also just. Option B, “The procedure established by law,” is a contrasting concept, used in the Indian Constitution (Article 21 as originally interpreted) meaning the law can deprive a person of rights if a procedure is followed, even if the law itself is arbitrary. Due process includes fair procedure *and* fair law.

Due Process of Law is a broader concept than ‘Procedure Established by Law’. It serves as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law. The Indian Supreme Court, through its interpretations, especially since the Maneka Gandhi case (1978), has incorporated the principle of ‘due process’ by requiring the procedure established by law to be ‘fair, just, and reasonable’.

Natural Justice (Option A) consists of minimum rules of fair procedure, such as the right to a fair hearing and the rule against bias, and is considered a component of Due Process. Equality before law (Option D) is a separate fundamental right (Article 14) ensuring that all individuals are subject to and protected by the law equally.

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