The doctrine of due process of law confers wider powers in the hands of the judiciary.
Under due process, the court would not only check the procedural validity but also check whether a law is just, fair and reasonable.
In this case, the court would also go behind the legislative wisdom of enacting a particular law. If a law is unjust & unfair then it can proclaim it is against the principles of natural justice thereby rejecting it.
Due process of law has been borrowed by US Constitution.
Maneka Gandhi v. Union of India (1978)
- This case expanded the scope of the fundamental right to life and personal liberty under Article 21 of the Constitution. It held that the procedure established by law for depriving a person of their life or liberty must be fair, just and reasonable.
- This judgement established “due process of law” in Indian jurisprudence.
Difference between Procedure Established by Law and Due Process of Law
Due Process of Law: International Experience
- United States: In the United States, due process is enshrined in the Constitution’s Fifth and Fourteenth Amendments. It guarantees individuals the right to a fair and impartial trial, including the right to an attorney, the right to be informed of charges, the right to a speedy trial, the right to confront witnesses, and the right to appeal.
- United Kingdom: In the United Kingdom, due process is also known as “natural justice” and is guaranteed by the Human Rights Act 1998. It includes the right to a fair trial, the right to legal representation, the right to remain silent, and the right to be informed of the evidence against you.
- Canada: In Canada, due process is guaranteed by the Canadian Charter of Rights and Freedoms. It includes the right to a fair and impartial trial, the right to be informed of the charges against you, the right to legal representation, and the right to an interpreter if necessary.
- Australia: In Australia, due process is also guaranteed by the country’s constitution. It includes the right to a fair trial, the right to legal representation, and the right to remain silent.
- Japan: In Japan, due process is guaranteed by the country’s constitution and includes the right to a fair and impartial trial, the right to legal representation, the right to be informed of the charges against you, and the right to an interpreter if necessary.
It is important to note that while these countries share some similarities in their approach to due process, there may be differences in the specifics of how it is applied in each jurisdiction.
