Previous Year Question

Due Process of Law essentially requires both the law and the procedure through which it is applied to be just, fair and reasonable. Fair application of law is therefore the most appropriate answer among the given options.

Due Process permits governmental action to be examined at two levels:

1. Procedural due process: Whether a fair procedure was followed before taking action against an individual. It includes notice, a meaningful opportunity of hearing and an impartial decision-maker.

2. Substantive due process: Whether the substance of the law itself is fair, reasonable and non-arbitrary.

Difference from “procedure established by law”

Article 21 of the Indian Constitution provides that no person shall be deprived of life or personal liberty except according to procedure established by law.

A narrow interpretation of “procedure established by law” may mean that governmental action is valid if a competent legislature has enacted a law and the prescribed procedure has been followed. It does not necessarily require a separate examination of the inherent fairness of the law.

Due Process, in contrast, permits the court to examine whether:

• The law is arbitrary.

• The prescribed procedure is fair and reasonable.

• A genuine opportunity of hearing was provided.

• Governmental action disproportionately restricts individual rights.

• Both the law and its application are fair.

Indian constitutional position

In the early decision of A.K. Gopalan v. State of Madras, the Supreme Court adopted a relatively narrow interpretation of Article 21.

In Maneka Gandhi v. Union of India (1978), the Supreme Court subsequently held that a procedure under Article 21 must be right, just and fair, and cannot be arbitrary, fanciful or oppressive.

The Court treated Articles 14, 19 and 21 as interconnected. This interpretation brought Article 21 in Indian constitutional law substantially closer to the concept of Due Process.

The Supreme Court subsequently recognised several rights under Article 21, including the rights to live with dignity, legal aid, speedy trial, livelihood, a clean environment and privacy.

Examination of the other options

Option (a): Natural justice is an important component of due process. It principally includes the right to be heard and the rule against a person judging their own cause. Due Process, however, is wider than natural justice alone.

Option (b): Procedure established by law and Due Process are not identical. Due Process also examines the fairness of the law’s substance and application.

Option (d): Equality before law is a principle under Article 14. It is related to due process but does not express its complete meaning.