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Q31 (IAS/2023) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Rule of law Official Key

In essence, what does Due Process of Law' mean?

Result
Your answer: —  Âˇ  Correct: A
Explanation

The correct answer is Option 1: The principle of natural justice.

In essence, Due Process of Law is a legal doctrine that ensures the government respects all legal rights owed to a person. It transcends the mere existence of a written law to include the principles of natural justice, ensuring that laws are not only followed but are also "fair, just, and reasonable."

  • Why Option 1 is correct: While "Procedure Established by Law" (Option 2) only checks if a law was followed, Due Process checks the substantive nature of the law. It incorporates natural justice to protect individuals against arbitrary state action.
  • Distinction: Option 3 (Fair application) is a subset of due process, and Option 4 (Equality before law) is a specific fundamental right under Article 14. However, the foundational "essence" of Due Process is the requirement that legal proceedings remain inherently fair, which is the definition of natural justice.

In the Indian context, the Supreme Court in the Maneka Gandhi case (1978) effectively read "Due Process" into Article 21 by linking it to natural justice.

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Q. In essence, what does Due Process of Law' mean? [A] The principle of natural justice [B] The procedure established by law [C] Fair app…
At a glance
Origin: Books + Current Affairs Fairness: Moderate fairness Books / CA: 7.5/10 ¡ 2.5/10
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This is a classic 'Concept Clarity' question derived directly from the 'Salient Features' and 'Fundamental Rights' chapters of Laxmikanth. It tests the jurisprudential distinction between the American 'Due Process' (Substantive Fairness) and the Indian 'Procedure Established by Law'. The strategy is to understand the 'Why' behind constitutional choices, not just the Article numbers.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Does "due process of law" mean "the principle of natural justice"?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Fundamental Rights and Fundamental Duties IJl > p. 129
Presence: 5/5
“Until the 1978-decision in Maneka's case,246 the view which prevailed in our Supreme Court was that there was no guarantee in our Constitution against .. . . . ... arbitrary legislation encroaching upon personal liberty. he GopalaD's case Hence, if a competent Legislature makes a law providing view. that a person may be deprived of his liberty in certain circumstances and in a certain manner, the validity of the law could not be challenged in a court of law on the ground that the law is unreasonable, unfair or unjust. Under the "Due Process" clause of the American Constitution (5th and 14th Amendments), the court has assumed the power of declaring unconstitutional any law which deprives a person of his liberty otherwise than in accordance with the court's notions of "due process", ie, reasonableness and fairness.”
Why this source?
  • Explicitly links the American 'Due Process' clause to court notions of reasonableness and fairness.
  • Reasonableness and fairness are core elements of the principle of natural justice, so this equates due process with those concepts.
Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 4: Salient Features of the Constitution > R Synthesis Of Parliamentary Sovereignty And Judicial Supremacy > p. 29
Presence: 4/5
“Ri Synthesis of Parliamentary Sovereignty and Judicial Supremacy The doctrine of sovereignty of Parliament is associated with the British Parliament, while the principle of judicial supremacy with that of the American Supreme Court. Just as the Indian parliamentary system differs from the British system, the scope of judicial review power of the Supreme Court in India is narrower than that of what exists in the 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 (Article 21). Therefore, the framers of the Indian Constitution have preferred a proper synthesis between the British principle of parliamentary sovereignty and the American principle of judicial supremacy.”
Why this source?
  • Contrasts American 'due process of law' with India's 'procedure established by law', implying due process includes substantive standards (fairness/reasonableness).
  • This contrast shows 'due process' carries a broader, justice-oriented meaning than mere procedural formality.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > III Review Jurisdiction > p. 293
Presence: 3/5
“However, even after the dismissal of the review petition, the court can still reconsider its final judgement or order by way of a curative petition on limited grounds like: • (i) Vi01ation of the principles of natural justice. • (ii) 1b cure a gross miscarriage of justice.”
Why this source?
  • Identifies 'violation of the principles of natural justice' as a recognised ground for court review/remedy.
  • Connects judicial enforcement mechanisms to natural justice, reinforcing that courts treat fairness principles as enforceable — a function similar to due process protection.
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Statement analysis

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Statement analysis

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