UPSC 2023PolityModerate

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

A
The principle of natural justice
B
The procedure established by law
C
Fair application of law
Correct Answer
D
Equality before law

Explanation

'Due Process of Law' signifies the **fair application of law**, ensuring that a law is not only legally enacted but is also just, reasonable, and non-arbitrary in its substance and implementation. While 'Procedure Established by Law' (Option B) is the literal text of Article 21, it traditionally only checks if formal legal steps were followed, whereas Due Process evaluates the inherent fairness of the law itself. This concept tests the evolution of Indian jurisprudence—specifically following the *Maneka Gandhi case (1978)*—toward protecting individual liberty against both executive and legislative arbitrariness.

Fundamental RightsDue Process of Law vs. Procedure Established by LawDue Process of Lawnatural justiceprocedure established by lawfair applicationequality before lawArticle 21

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