Due Process of Law

Due process of law doctrine not only checks if there is a law to deprive the life and personal liberty of a person but also see if the law made is fair, just and not arbitrary.

  • Constitutional Provisions: The concept has been enshrined in Article 21 of the Indian Constitution, which states that “No person shall be deprived of his life or personal liberty except according to the procedure established by law.”
  • Judicial Pronouncements: In Maneka Gandhi vs Union of India case (1978), Supreme Court held that – ‘procedure established by law’ within the meaning of Article 21 must be ‘right and ....
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