Learn the difference between Procedure Established by Law and Due Process of Law in India, their origins, scope, key cases, and impact on individual rights.
“Procedure Established by Law” focuses on the formal adherence to legal procedures set by the government, while “Due Process of Law” emphasizes the protection of individual rights and fairness in the application of law and legal proceedings.
Procedure Established by Law refers to the principle that a law is valid as long as it adheres to the procedures prescribed by the legislature, even if the law itself is unfair or unjust.
Procedure established by law indicates that a law that has been passed by following a proper procedure is lawful even if it violates principles of fairness and equality.
procedure established by law.”6 The expression “procedure established by law” means procedure laid down by statute or procedure prescribed by the law of the state.7 It implies that there must be a law, which the legislature has passed, that provides the procedure by which the “life” and “personal liberty” o.
Due process of law provides broader protection against arbitrary state action by allowing courts to assess the substance of the law, while procedure established by law primarily ensures that laws are enacted and implemented according to legislative procedures.
rent than what it seems and was a landmark change for the Indian Judiciary. This concept took a long time to get its validity, stated as a “procedure established by law” in ‘Article 21’ of our Indian Constitution which specifically deals with the law that has been passed within the proper.
“due process of law” became synonymous with “procedure established by law”. A 7-judge bench of the Supreme Court observed that the procedure outlined in Article 21 must be just and fair.