In essence, what does 'Due Process of Law' mean?
A
The principle of natural justice
Correct answer
B
The procedure established by law
C
Fair application of law
D
Equality before law
Explanation
'Due process of law', taken from the US Constitution, lets courts ask not only whether the procedure laid down by law was followed but whether the law and procedure are themselves fair, just and reasonable. In essence it embodies the principles of natural justice, such as a fair hearing and freedom from bias. 'Procedure established by law' (option B) is the narrower phrase the Indian Constitution uses in Article 21, which the Supreme Court widened towards due process in Maneka Gandhi (1978).
Fundamental RightsDue Process of Law vs. Procedure Established by LawDue Process of Lawnatural justiceprocedure established by lawfair applicationequality before lawArticle 21