{"id":112957,"date":"2021-06-16T16:18:23","date_gmt":"2021-06-16T10:48:23","guid":{"rendered":"https:\/\/blog.forumias.com\/?page_id=112957"},"modified":"2021-06-18T20:42:04","modified_gmt":"2021-06-18T15:12:04","slug":"difference-between-procedure-established-by-law-and-due-process-of-law","status":"publish","type":"page","link":"https:\/\/forumias.com\/blog\/difference-between-procedure-established-by-law-and-due-process-of-law\/","title":{"rendered":"Difference between Procedure established by Law and Due process of Law"},"content":{"rendered":"

Aspirants often get confused between the procedure established by law and the due process of law. Both are different from one another and yet seem equally similar & confusing.<\/p>\n

Today we’ll discuss key differences between the above two concepts.<\/p>\n\n\n\n\n\n\n\n\n\n
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The procedure established by Law<\/span><\/strong><\/h5>\n<\/td>\n
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Due process of Law\u00a0<\/span><\/strong><\/h5>\n<\/td>\n<\/tr>\n
In this the court would only assess that whether the legislature has followed the right procedure to form a law band whether executive has implemented the law in correct manner<\/strong> i.e. as per procedure established by law.<\/span><\/p>\n
    \n
  • It would not go into the legislative wisdom or rationale behind the formation of a specific law even if the law enacted goes against the principles of natural justice or equality.\u00a0<\/span><\/li>\n<\/ul>\n<\/td>\n
Under due process, court would not only check the procedural validity but also check that whether a law is just, fair <\/strong>and reasonable.<\/strong><\/span><\/p>\n
    \n
  • In this case, court would also go behind the legislative wisdom of enacting a particular law. If a law is unjust & unfair then it can proclaim it be against the principles of natural justice thereby rejecting it.<\/span><\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
Mentioned explicitly <\/strong>under Article 21 of the Constitution which states that,<\/span><\/p>\n
    \n
  • No person shall be deprived of his life or his personal liberty except according to procedure established by law.<\/span><\/em><\/li>\n<\/ul>\n<\/td>\n
It is not mentioned explicitly<\/strong> anywhere\u00a0in the Indian Constitution.\u00a0<\/span><\/td>\n<\/tr>\n
Procedure established by law has less scope<\/strong>.<\/span><\/td>\nIt has a wider scope<\/strong>.<\/span><\/td>\n<\/tr>\n
Borrowed from Japanese Constitution<\/strong>.<\/span><\/td>\nBorrowed from the US Constitution<\/strong>.<\/span><\/td>\n<\/tr>\n
it protects the individual<\/strong> against the arbitrary action of only the executive<\/strong>.<\/span><\/td>\nDue process of law protects the individual not only against the arbitrary action of the executive but also of the legislative bodies.<\/strong><\/span><\/td>\n<\/tr>\n
It does not assess whether the laws made by Parliament is fair, just and not arbitrary.<\/span><\/td>\nJudiciary also assesses the fundamental fairness, justice, and liberty of any legislation.<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

So, which doctrine is followed by Indian judiciary presently?<\/strong><\/p>\n

Well, Supreme Court follows a mix of both. Sometimes it applies the concept procedure established by law while on some occasions it tests a law under due process of law.<\/p>\n