DUE PROCESS OF LAW VS. PROCEDURE ESTABLISHED BY LAW

Abstract

The history of democratic countries reveals that understanding of justice is the ultimate end of every nation. Apparently, the understanding of justice much depends upon the eminence of legal system it has accommodated. Indeed, the nation’s quality of legal system is dignified by its commitment to the rule of law, fairness of laws and respect for human rights. Unlike, Constitution of USA, Indian Constitution does not clearly mention the familiar constitutional expression of ‘due process of law’ in any part of it. Fourth and Fifth Amendment has inserted the due process law to the US Constitution. Certainly, this concept has given vast and undefined powers to the American judiciary over federal and state legislatures and their actions. Notwithstanding its cautious omission by the makers of the Indian Constitution, the Supreme Court of India by a process of elucidation of two Articles of the Constitution, namely Article 14 and 21, tries to read the due process in the Constitution of India. Thereby Indian judiciary acquired vast power to supervise and invalidate any union or state action, whether legislative or executive or of any public authority perceived by the court to be arbitrary or unreasonable. In this article author elaborate on this new development and its pros and cons.