Difference between Procedure Established by Law and Due Process of Law | Article 21

This lesson explains the Difference between Due Process of Law & Procedure Established by Law in hindi.

Procedure established by law means that a law that is duly enacted by legislature or the concerned body is valid if it has followed the correct procedure. Following this doctrine means that, a person can be deprived of his life or personal liberty according to the procedure established by law.

Due process is the legal requirement that the state must respect all legal rights that are owed to a person. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law.

A.K. Gopalan vs State of Madras AIR 1950 SC 27: Article 21 of India's Constitution says no person shall be deprived of his life or personal liberty except according to procedure established by law. In the first major Article 21 case AK Gopalan vs The State Of Madras (AIR 1950 SC 27), Gopalan was detained under a preventive detention law.

Maneka Gandhi vs Union Of India AIR 1978 SC 597 – The Supreme Court in Satwant Singh[1] held that right to travel abroad is well within the ambit of Article 21. Therefore, to combat the above laid down law the Parliament enacted Passports Act 1967. ... Right to freedom of speech & Article 19(1)(g)

If there is one Article in the Entire Indian Constitution which has been interpreted expansively in favour of Individuals - it is Article 21. The meaning and purpose of Article 21 has been interpreted according to the changing times and modifying needs of the Society.
Article 21 reads as - No person shall be deprived of his life or personal liberty except according to procedure established by law.
Our Article 21 is mainly inspired from the American Constitution, but there they have ‘Due Process of Law’ in place of ‘Procedure Established by Law’. But after the Maneka Gandhi Case, there remains no such difference between the two!
So let us start our discussion on Article 21 - Firstly, let us understand the keywords that are used in Article 21 I.e., Life, Personal Liberty and Procedure Established by Law.


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Difference between Procedure Established by Law and Due Process of Law | Article 21

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