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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: —  ·  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.

How others answered
Each bar shows the % of students who chose that option. Green bar = correct answer, blue outline = your choice.
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Out of everyone who attempted this question.
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got it right
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Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
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

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.
Statement 2
Does "due process of law" mean "the procedure established by law"?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 27: Judicial Review > SCOPE OF JUDICIAL REVIEW > p. 298
Presence: 5/5
“This is because, the American Constitution provides for 'due process of law' against that of 'procedure established by law' which is contained in the Indian Constitution.”
Why this source?
  • Directly contrasts the American 'due process of law' with the Indian phrase 'procedure established by law', implying they are different concepts.
  • Says American Constitution provides 'due process' while Indian Constitution uses 'procedure established by law', indicating non-equivalence.
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?
  • Explains that under the American 'due process' courts can invalidate laws that deprive liberty as not meeting standards of reasonableness and fairness.
  • Shows 'due process' includes substantive measures (reasonableness/fairness) beyond mere procedural compliance.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Scope of the Writs: I. Habeas corpus. > p. 156
Presence: 4/5
“It has already been explained that under our Constitution the right of personal liberty is guaranteed against the State by Article 21 which says that "no person shall be deprived of his life or personal liberty except according to procedure established by law" (b) It will also issue where the order of imprisonment or detention is ultra vires the statute which authorises the imprisonment or detention.<sup>372</sup> The writ of habeas corpus is, however, not issued in the following cases: (i) Where the person against whom the writ is issued or the person who is detained is not within the jurisdiction of the court. (ii) To secure the release of a person who has been imprisoned by a court of law on a criminal charge.​<sup>373</sup> (iii) To interfere with a proceeding for contempt by a court of record or by Parliament. (iv) where a person is committed to jail custody by a competent court, by an order which prima facie does not appear to be without jurisdiction or wholly illegal.​<sup>374</sup> Mandamus literally means a command.”
Why this source?
  • Quotes Article 21 wording using the phrase 'except according to procedure established by law', identifying the specific Indian formulation.
  • By presenting the Indian wording, it helps contrast it with the broader substantive standards attributed to 'due process'.
Statement 3
Does "due process of law" mean "the fair application of law"?
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 equates 'due process' with the court's notions of reasonableness and fairness.
  • Links the Due Process clause to judicial power to invalidate laws that are not fair or reasonable.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > own and to dispose it freely, limited only by: (a) reasonable I. The Constitution restrictions to serve the exigencies of public welfare; and (b) of 1949. any other reasonable restrictions that may be imposed by > p. 149
Presence: 4/5
“The word "law" which figures in Article 300A of the Constitution would mean a valid law and in order to be a valid law it must be just, fair and reasonable. The compensation has to be understood in relation to the right to 'property. The right of the ousters is protected only to a limited extent as enumerated in Article 300A of the Constitution. 343 The result, in short, is that if an individual's property is taken away by a public official without legal authority or in excess of the power conferred by law in this behalf, he can no longer have speedy remedy direct from the Supreme Court under Article 32 (because the right under Article 300A is not a fundamental right).”
Why this source?
  • States that for a law to be valid it must be just, fair and reasonable, tying legality to fairness of application.
  • Connects the concept of lawful validity with fairness, supporting the idea that due process concerns fair law.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 27: Judicial Review > SCOPE OF JUDICIAL REVIEW > p. 298
Presence: 3/5
“This is because, the American Constitution provides for 'due process of law' against that of 'procedure established by law' which is contained in the Indian Constitution.”
Why this source?
  • Contrasts the American 'due process of law' with India's 'procedure established by law', implying due process embodies substantive fairness beyond mere procedure.
  • Highlights that 'due process' is a distinct constitutional standard (as opposed to procedural compliance alone).
Statement 4
Does "due process of law" mean "equality before the law"?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 5/5
"Due process of law means that the State must respect all the legal rights that are owed to a person and confirm to the norms of fairness, liberty, fundamental rights etc."
Why this source?
  • Defines 'due process of law' as the State's obligation to respect legal rights and conform to norms of fairness, liberty and fundamental rights — a procedural/substantive protection.
  • This definition treats due process as duties and procedures owed to a person, not simply as the single concept of equality before the law.
Web source
Presence: 5/5
"Article 7 All are equal before the law and are entitled without any discrimination to equal pro-tection of the law."
Why this source?
  • States equality before the law as a separate, explicit right (Article 7: 'All are equal before the law').
  • Distinguishes equality as an entitlement distinct from procedural guarantees (e.g., fair hearing in Article 10), showing separate legal concepts.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 27: Judicial Review > SCOPE OF JUDICIAL REVIEW > p. 298
Strength: 5/5
“This is because, the American Constitution provides for 'due process of law' against that of 'procedure established by law' which is contained in the Indian Constitution.”
Why relevant

Explicitly contrasts the American 'due process of law' with the Indian 'procedure established by law', signalling they are distinct legal concepts.

How to extend

A student could look up the text of the 5th/14th Amendments (US) and Article 21/14 (India) to compare wording and judicial roles to test if 'due process' equals 'equality before law'.

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
Strength: 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 relevant

Describes how US 'due process' was used by courts to invalidate laws as unreasonable/unfair — linking 'due process' to substantive judicial review rather than just formal equality.

How to extend

Extend by checking whether 'equality before law' in the cited Constitution permits the same substantive review or only formal non‑discrimination.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 100
Strength: 4/5
“Article 14 of the Constitution provides- The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Prima facie, the expression "equality before the law" and "equal protection of the laws" may seem to be identical, but, in fact, they mean different things.”
Why relevant

States Article 14 uses two expressions — 'equality before the law' and 'equal protection' — and explicitly notes they may seem identical but differ, suggesting 'equality before law' is a distinct concept from other due‑process‑like guarantees.

How to extend

A student could compare judicial interpretations of Article 14 with courts' interpretations of 'due process' in US cases to see overlap or difference.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 102
Strength: 4/5
“"that among equals, the law should be equal and equally administered, that likes should be treated alike. . ." Equal protection requires affirmative action by the State towards unequals by providing facilities and opportunities.<sup>55</sup> The "substantive equality" and "distributive justice" are at the heart of understanding of guarantee of "equal protection before the law" In other words, it means the right to equal treatment in similar circumstances both in the privileges conferred and in the liabilities imposed by the laws. 57 Article 14 proceeds on the premise that equality of treatment is required to be given to persons who are equally circumstanced.”
Why relevant

Explains 'equal protection' as substantive equality and affirmative state action for unequals — implying equality guarantees can be broader than procedural due process.

How to extend

Use this distinction to test whether 'due process' (procedural/substantive) maps onto 'equality before law' (formal/substantive) in practice.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > II Equality before Law and Equal Protection of Laws > p. 77
Strength: 4/5
“Article 14 says that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. This provision confers rights on all persons whether citizens or foreigners. Moreover, the word 'person' includes legal persons, viz, statutory corporations, companies, registered societies or any other type of legal person. The concept of 'equality before law' is of British origin while the concept of 'equal protection of laws' has been taken from the American Constitution. The first concept connotes: (a) the absence of any special privileges in favour of any person, (b) the equal subjection of all persons to the ordinary law of the land administered by ordinary law courts, and (c) no person (whether rich or poor, high or low, official or non-official) is above the law.”
Why relevant

Defines 'equality before law' as absence of special privileges and equal subjection to ordinary law — a formal, non‑privileging rule rather than a guarantee of substantive fairness.

How to extend

Compare this formal definition with how courts apply 'due process' (e.g., fairness, reasonableness) to see if meanings align or diverge.

Pattern takeaway: UPSC is shifting from 'Which Article?' to 'What does this legal philosophy imply?'. They are testing the 'Essence' of the Constitution (e.g., Constitutionalism = Limited Govt, Due Process = Fairness) rather than rote text.
How you should have studied
  1. Bullet 1. [THE VERDICT]: Sitter. Direct hit from Laxmikanth Ch 4 (Salient Features) & Ch 27 (Judicial Review).
  2. Bullet 2. [THE CONCEPTUAL TRIGGER]: The evolution of Article 21 (Right to Life) and the shift from the A.K. Gopalan case (strict interpretation) to the Maneka Gandhi case (introducing 'fairness').
  3. Bullet 3. [THE HORIZONTAL EXPANSION]: Memorize the origins: 'Procedure Established by Law' (Japan), 'Due Process' (USA), 'Rule of Law' (UK/Dicey), and 'Equal Protection of Laws' (USA).
  4. Bullet 4. [THE STRATEGIC METACOGNITION]: When reading Polity, do not gloss over abstract legal terms. Create a 'Legal Glossary' contrasting pairs like 'Substantive vs Procedural', 'Legal vs Political', and 'Rights vs Duties'.
Concept hooks from this question
📌 Adjacent topic to master
S1
👉 Due process of law vs. procedure established by law
💡 The insight

Due process (American) is presented as broader and substantive, while procedure established by law (Indian Article 21) is more limited.

High-yield for questions on judicial review and comparative constitutional law; explains why Indian courts developed doctrines (e.g., Maneka) to import fairness into Article 21. Links to topics on fundamental rights, scope of courts, and constitutional interpretation.

📚 Reading List :
  • 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
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 27: Judicial Review > SCOPE OF JUDICIAL REVIEW > p. 298
🔗 Anchor: "Does "due process of law" mean "the principle of natural justice"?"
📌 Adjacent topic to master
S1
👉 Substantive due process: reasonableness and fairness
💡 The insight

Due process is described in terms of reasonableness and fairness—core elements of substantive due process.

Essential for answering questions on how courts protect individual liberty beyond mere procedure; useful for essays and prelims/mains on judicial activism, Maneka case, and limits on legislation.

📚 Reading List :
  • 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
🔗 Anchor: "Does "due process of law" mean "the principle of natural justice"?"
📌 Adjacent topic to master
S1
👉 Principles of natural justice as grounds for judicial remedy
💡 The insight

Courts can reopen final orders on grounds including violation of natural justice, showing these principles have enforceable legal effect.

Useful for questions on remedies, curative petitions, and grounds of judicial review; helps link procedural fairness doctrine to concrete judicial processes and reliefs.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > III Review Jurisdiction > p. 293
🔗 Anchor: "Does "due process of law" mean "the principle of natural justice"?"
📌 Adjacent topic to master
S2
👉 Due process vs 'procedure established by law'
💡 The insight

Contrasts the American substantive concept of 'due process' with the Indian Article 21 wording 'procedure established by law', highlighting they are not identical.

High-yield for constitutional law: clarifies a core difference in rights protection and judicial review. Links to Article 21 interpretation, comparative constitutional analysis, and questions on scope of personal liberty. Enables answering questions that ask for doctrinal distinctions and consequences for judicial power.

📚 Reading List :
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 27: Judicial Review > SCOPE OF JUDICIAL REVIEW > p. 298
  • 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
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Scope of the Writs: I. Habeas corpus. > p. 156
🔗 Anchor: "Does "due process of law" mean "the procedure established by law"?"
📌 Adjacent topic to master
S2
👉 Maneka Gandhi (1978) and expansion of Article 21
💡 The insight

Maneka Gandhi introduced the American concept of 'due process' into Indian judicial interpretation, widening the meaning of Article 21.

Essential landmark-case knowledge: frequently examined for shifts in fundamental-rights jurisprudence; connects Article 21 to Articles 14 and 19 and to the doctrine of judicial review. Prepares aspirants for case-based and comparative questions.

📚 Reading List :
  • 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
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > MANEKA GANDHI CASE (1978) > p. 628
🔗 Anchor: "Does "due process of law" mean "the procedure established by law"?"
📌 Adjacent topic to master
S2
👉 Judicial review: US 'due process' vs Indian limits
💡 The insight

The American 'due process' clause enabled broader judicial review, whereas the Indian phraseology historically limited such scope.

Important for comparative constitutional questions and understanding the balance between parliamentary sovereignty and judicial supremacy. Helps answer questions on the evolution of judicial power and the reasons behind different constitutional designs.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 4: Salient Features of the Constitution > R I Synthesis of Parliamentary Sovereignty and Judicial Supremacy > p. 29
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 27: Judicial Review > SCOPE OF JUDICIAL REVIEW > p. 299
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 27: Judicial Review > SCOPE OF JUDICIAL REVIEW > p. 298
🔗 Anchor: "Does "due process of law" mean "the procedure established by law"?"
📌 Adjacent topic to master
S3
👉 Due Process vs 'Procedure Established by Law'
💡 The insight

Due process is a broader American concept distinct from India's 'procedure established by law', emphasizing substantive fairness beyond procedural formalities.

High-yield for constitutional law questions comparing Indian and American jurisprudence; explains differences in grounds available for judicial review and frames answers on fundamental rights challenges. Useful for essay and Mains answers on comparative constitutional doctrines and landmark judgments.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 27: Judicial Review > SCOPE OF JUDICIAL REVIEW > p. 298
🔗 Anchor: "Does "due process of law" mean "the fair application of law"?"
🌑 The Hidden Trap

The phrase 'Procedure Established by Law' was specifically borrowed from Article 31 of the Japanese Constitution to avoid the 'Judicial Supremacy' associated with the US 'Due Process' clause. A future question may ask to match specific phrases to their exact foreign constitutional article.

⚡ Elimination Cheat Code

Use the 'Antonym Technique'. In Indian Polity, 'Due Process' is taught as the broader counter-concept to 'Procedure Established by Law' (Option B). Since Option B is the text of Article 21, and Option D is Article 14, the answer must be the one defining 'Fairness'. Option C ('Fair application') captures the substantive check on law better than mere procedure.

🔗 Mains Connection

Links to GS2 (Judicial Activism): 'Due Process' empowers the Judiciary to judge the 'wisdom' of a policy (Substantive Due Process), whereas 'Procedure Established by Law' restricts them to technical legality. This distinction is the root of the Executive-Judiciary conflict.

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