UPSC Prelims 2023 Q31: Indian Polity – Constitutional Framework & Development
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
- (d) Equality before law
Answer: (a) The principle of natural justice
Explanation
'Due Process of Law' vs 'Procedure Established by Law'
| Feature | Due Process of Law (USA) | Procedure Established by Law (India, Art 21 text) |
|---|---|---|
| Test | Is the law itself fair, just and reasonable? | Was a valid law followed properly? |
| Court's power | Can strike down an unfair law | Originally checked only procedure |
| Basis | Natural justice and fairness | Legislative will |
In essence, due process means the principle of natural justice: no one should be deprived of life or liberty except by a fair procedure and a fair law.
Indian position after Maneka Gandhi (1978):
| Case | Effect |
|---|---|
| A.K. Gopalan (1950) | Narrow reading — only procedure mattered |
| Maneka Gandhi (1978) | Procedure must be just, fair and reasonable, bringing due process into Art 21 in effect |
Answer: (a) The principle of natural justice.
Why each option is right or wrong
- (a) CORRECT. Due process requires laws and procedures to meet natural justice — fairness and reasonableness.
- (b) Incorrect. Procedure established by law is the narrower phrase used in Article 21; it is the contrast, not the meaning.
- (c) Incorrect. Fair application of law is part of it, but the core idea is natural justice.
- (d) Incorrect. Equality before law is a separate guarantee under Article 14.
Key point
Due process = natural justice (law must be fair); Art 21's 'procedure established by law' was widened by Maneka Gandhi (1978).
Remember
Due process of law means the principle of natural justice.
Common mistakes
- Choosing 'procedure established by law' because it sounds similar; it is the narrower Indian phrase.
- Forgetting that Maneka Gandhi (1978) imported fairness into Article 21.
- Confusing due process with equality before law (Article 14).
Exam tip
Due process asks 'Is the law fair?'; procedure established asks 'Was the law followed?'
Sources
- Constitution of India — Article 21
- Maneka Gandhi v. Union of India (1978)
- NCERT Class XI — Indian Constitution at Work, Ch 2 (Rights)