Q. Consider the following statements regarding the ‘procedure established by law’ and the ‘due process of law’:
1. The term ‘procedure established by law’ has been explicitly mentioned in the Indian Constitution.
2. The term ‘due process of law’ refers to the laws made by the judiciary instead of legislature.
Which of the statements given above is/are correct?
Exp) Option a is the correct answer.
The procedure established by Law would only assess whether the legislature has followed the right procedure to form a law and whether executive has implemented the law in correct manner. Under due process of law, the court would not only check the procedural validity but also check whether a law is just, fair and reasonable.
Statement 1 is correct: The term ‘procedure established by law’ has been explicitly mentioned in the India Constitution. Article 21 states that no person shall be deprived of his life or personal liberty except according to the procedure established by law.
Statement 2 is incorrect: The term ‘due process of law’ does not imply that laws are made/ are to be made by the judiciary. It simply tests the laws on the grounds of reasonableness and fairness. It aims to protect individuals against the arbitrary actions of both the executive and the legislature.
