Legal Explainer: The Concept of Due Process in Indian Law

 Legal Explainer: The Concept of Due Process in Indian Law

Due Process of Law is a principle that ensures fairness, justice, and protection of individual rights in legal proceedings. While the Indian Constitution does not explicitly use the phrase “due process,” it has been interpreted by the Supreme Court through Article 21 (Right to Life and Personal Liberty).

Two Key Types of Due Process:

1. Procedural Due Process – Ensures that laws are applied fairly, and legal procedures (like notice, hearing, and appeal) are followed before depriving a person of life or liberty.
2. Substantive Due Process – Examines whether the law itself is fair, just, and reasonable, beyond just the procedures followed.

Judicial Evolution in India:

• In A.K. Gopalan v. State of Madras (1950), the Supreme Court held that Article 21 only required procedure established by law, even if the law was unjust.
• In Maneka Gandhi v. Union of India (1978), the Court expanded Article 21’s scope, ruling that the procedure must be fair, just, and reasonable, introducing the spirit of due process into Indian jurisprudence.

Significance of Due Process in India:

• Protects individuals from arbitrary state actions.
• Ensures laws are consistent with fundamental rights.
• Strengthens judicial review and constitutional interpretation.

The due process doctrine continues to shape fundamental rights and legal safeguards in India, ensuring justice prevails over mere technicalities of law.