Procedure Established by Law and Due Process of Law are two critical doctrines followed by the Indian judiciary. While Procedure Established by Law emphasizes strict adherence to a legal framework, the Due Process of Law requires the law to meet a higher standard of fairness, ensuring that it is not arbitrary or oppressive.
Indian Judiciary initially followed the Procedure Established by Law until Maneka Gandhi (1978) case which led to the adoption of Due Process of Law principles. Find out the difference between Procedure Established by Law and Due Process of Law here.Difference Between Procedure Established by Law and Due Process of Law | ||
Aspect | Procedure Established by Law | Due Process of Law |
Definition | A principle that allows the state to deprive an individual of life and liberty if the procedure laid down by law is followed. | A principle that ensures laws depriving an individual of life, liberty, or property are fair, just, and reasonable. |
Origin | Japanese Constitution | Derived from the American legal system (5th and 14th Amendments). |
Constitutional Provision | Article 21 in Constitution of India | Is not explicitly mentioned but interpreted from Article 21 by the judiciary. |
Scope | Narrow, as it applies strictly to procedure. | Broader, covering both the procedure followed and the substantive fairness of the law |
Judicial Review | Judicial review is restricted to ensuring that the procedure prescribed by law is followed. | Judicial review is broad and includes an examination of both the fairness and reasonableness of the law. |
Protection of Rights | Only focuses on whether the legal procedure has been followed; individual rights may be compromised. | Focuses on the protection of individual rights through just procedures and protects against arbitrary state actions. |
Example | A. K. Gopalan v. State of Madras (1950) | Maneka Gandhi v. Union of India (1978) |
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