{"id":56444,"date":"2020-03-02T17:23:15","date_gmt":"2020-03-02T11:53:15","guid":{"rendered":"https:\/\/blogadmin.forumias.com\/?page_id=56444"},"modified":"2020-03-02T17:23:16","modified_gmt":"2020-03-02T11:53:16","slug":"answered-what-do-you-understand-by-the-term-right-to-due-process-discuss-its-significance-in-a-democracy","status":"publish","type":"page","link":"https:\/\/forumias.com\/blog\/answered-what-do-you-understand-by-the-term-right-to-due-process-discuss-its-significance-in-a-democracy\/","title":{"rendered":"[Answered] What do you understand by the term \u2018right to due process\u2019? Discuss its significance in a democracy."},"content":{"rendered":"\n
\n Demand of the question<\/strong>\n Introduction.\n <\/strong>Contextual introduction.\n Body.\n <\/strong>Discuss how significant is the right to due\n process in a democracy? Mention due process and procedural established by law\n in Indian context.\n Conclusion.\n <\/strong>Way forward.\n <\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

The term due process embodies society’s\nbasic notions of legal fairness and means that legal procedures are reasonable,\nfair and just. It is a requirement that legal matters be resolved according to\nestablished rules and principles, and that individuals be treated\nfairly. The rights to due process include fair trial, presumption of\ninnocence and independence and impartiality of the judiciary.<\/p>\n\n\n\n

Significance\nof right to due process in a democracy:<\/strong><\/p>\n\n\n\n

  1. Balance power: <\/strong>Due process balances the power of law of the land. When a\ngovernment harms a person without following the exact course of the law, this\nconstitutes a due process violation, which offends the rule of law.<\/li>
  2. Establish procedural justice: <\/strong>Analogous to the concepts of natural justice,\ndue process ensures\nprocedural justice. The interpretation of due process is expressed as a command\nthat the government must not be unfair to the people.<\/li>
  3. Prevent abuse: <\/strong>The rights to due process place limitations on laws and\nlegal proceedings, in order to guarantee fundamental justice. Due process\nof law is a constitutional guarantee that prevents governments from impacting\ncitizens in an abusive way.<\/li>
  4. Establish fairness of law: <\/strong>The due process clause, gives the judiciary the power to question the law made by the\nlegislature on certain grounds. That ground is whether that law is in keeping\nwith certain fundamental principles relating to the rights of the individual.<\/li>
  5. Guarantee fairness: <\/strong>Due process is to guarantee a fair trial both in procedure\nas well as in substance. The procedure should be in accordance with law and\nshould be appealable to the conscience of the democracy.<\/li>
  6. Strengthen rights:<\/strong> Under due process, it is the requirement that the state\nmust respect all of the rights that are owed to a person and laws that states\nenact must confirm to the laws of the land like fairness, fundamental rights,\nliberty etc.<\/li><\/ol>\n\n\n\n

    Due\nprocess and Indian procedure established by law: <\/strong>The\ndue process doctrine is followed in the United States of America, while the\nIndian constitutional framers had left that out.<\/p>\n\n\n\n

    1. Article 21:<\/strong> The term procedure\nestablished by law is used directly in the Indian constitution. Article 21 of\nthe Constitution provides that \u2018no person shall be deprived of his life or\npersonal liberty except according to procedure established by law\u2019. <\/li>
    2. Just and reasonable:<\/strong> The concept of\n\u2018procedure established by law\u2019 under Article 21 is required to be just, fair\nand reasonable because of the interactions of Articles 14, 19 and 21.<\/li>
    3. Maneka Gandhi judgement:<\/strong> In Maneka\nGandhi vs Union of India case, SC held that \u2018procedure established by law\u2019\nwithin the meaning of Article 21 must be right, just and fair and not arbitrary\nor oppressive otherwise. Thus, the procedure established by law has acquired\nthe same significance in India as the \u2018due process of law\u2019 clause in America.<\/li><\/ol>\n\n\n\n

      The Constitution\nguarantees certain rights to the citizens of this country. It is the duty of\nboth legislative and judiciary to establish rule of law and ensure that a\nperson enjoys fundamental rights as established under the constitution. For a\nstate it is necessary to ensure the right to due process and prevent abuse to\nits citizens.<\/p>\n","protected":false},"excerpt":{"rendered":"

      Demand of the question Introduction. Contextual introduction. Body. Discuss how significant is the right to due process in a democracy? Mention due process and procedural established by law in Indian context. Conclusion. Way forward. The term due process embodies society’s basic notions of legal fairness and means that legal procedures are reasonable, fair and just.… Continue reading [Answered] What do you understand by the term \u2018right to due process\u2019? Discuss its significance in a democracy.<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"closed","template":"","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"class_list":["post-56444","page","type-page","status-publish","hentry","entry"],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/56444","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=56444"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/56444\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=56444"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}