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

The principle of natural justice
The procedure established by law
Fair application of law
Equality before law

Answer: (a) The principle of natural justice

Due Process of Law

“Due Process of Law” is a legal principle commonly found in legal systems based on the common law tradition, particularly in countries like the United States.
The origin of due process is often attributed to the Magna Carta, a 13th-century document that outlined the relationship between the English monarchy, the Church, and feudal barons.
- That document includes a clause that declares, “No free man shall be seized, or imprisoned … except by the lawful judgment of his peers, or by the law of the land“. This concept of the law of the land was later transformed into the phrase “due process of law.”
Due process of law is a legal principle that requires governments to follow fair and reasonable procedures when depriving individuals of their life, liberty, or property. It also requires governments to pass laws that are just, fair, and reasonable.
- Due process ensures that individuals have the right to be heard, to present evidence, and to be treated fairly before any government action is taken against them.
- Due process holds the government subservient to the law of the land, protecting individual persons from the state.
Due process has also been frequently interpreted as placing limitations on laws and legal proceedings, in order for judges instead of legislators to define and guarantee fundamental fairness, justice, and liberty. This interpretation is analogous to the concepts of natural justice.
The Supreme Court of India has the power to declare laws unconstitutional if they violate due process of law. This means that the Court can strike down laws that are unfair, unjust, or unreasonable.
The phrase “due process of law” is not mentioned explicitly anywhere in the Indian Constitution, but it has been interpreted by the Supreme Court to be a fundamental right. This means that the government cannot deprive individuals of their life, liberty, or property without due process of law.
- “Fair Procedure” includes 4 elements:
  1. Notice
  2. Opportunity to heard
  3. Impartial tribunal
  4. Orderly procedure
The concept of due process of law is borrowed from the US Constitution, but it has been adapted to the Indian context.
- In the United States, due process is outlined in both the Fifth and 14th amendments to the Constitution.
In India, due process of law is not only a protection against arbitrary executive action, but also against arbitrary legislative action. This means that the Supreme Court can strike down laws that it finds to be unfair, unjust, or unreasonable.