Q. Consider the following statements with reference to the ‘’procedure established by law’’ and ‘’due process of law’’:
1. Doctrine of ‘Due process of law’ checks for procedural correctness of law only.
2. Doctrine of ‘Procedure Established by Law’ checks both the procedural correctness as well as fairness of a law.
3. American Constitution provides for ‘procedure established by law’ against that of ‘due process of law’ contained in the Indian Constitution.
How many statements given above are correct?
Exp) Option d is the correct answer.
Statement 1 and 2 are incorrect. The difference between the procedure established by law and due process of law is that the due process of law gives wide scope to the Supreme Court to grant protection to the rights of its citizens. It can declare laws violative of these rights void not only on substantive grounds of being unlawful, but also on procedural grounds of being unreasonable. Procedure Established by Law means that a law that is duly enacted by the legislature or the concerned body is valid if it has followed the correct procedure. Following this doctrine means that, a person can be deprived of his life or personal liberty according to the procedure established by law. Our Supreme Court, while determining the constitutionality of a law, however examines only the substantive question i.e., whether the law is within the powers of the authority concerned or not. It is not expected to go into the question of its reasonableness, suitability or policy implications”.
Statement 3 is incorrect. The scope of judicial review power of the Supreme Court in India is narrower than that of what exists in US. This is because the American Constitution provides for ‘due process of law’ against that of ‘procedure established by law’ contained in the Indian Constitution.
