Question 20 from UPSC CSE 2023 - Polity & Governanc e

Question

In essence, what does 'Due Process of Law' mean?

IASCODEX · Accepted Answer

Correct Option: A. The principle of natural justice

Strategy: The core concept linking 'Due Process of Law' extends beyond mere adherence to procedure ('procedure established by law') to encompass fairness and justice in legal processes. 'Natural justice' best captures the essence of 'due process' by focusing on fairness, equity, and the right to a fair hearing. Other options are either too narrow or specific legal doctrines that do not fully embody what 'due process' represents.

Key Info: **Due Process of Law** is a constitutional principle asserting that the law must be applied justly, fairly, and with due procedural safeguards. It originated in the US Constitution (5th and 14th Amendments), requiring both procedural and substantive fairness before depriving a person of life, liberty, or property.

In contrast, 'procedure established by law', as outlined in Article 21 of the Indian Constitution, primarily focuses on the process prescribed by statute, rather than inherent fairness. However, the Supreme Court of India, significantly influenced by the *Maneka Gandhi (1978)* case, broadened the interpretation of Article 21. This expanded view incorporates elements of 'due process', stipulating that laws and their enforcement must not be arbitrary or unreasonable and must ensure a fair hearing ('audi alteram partem').

**Natural justice** encompasses rules developed through common law to ensure fairness, principally the rule against bias (*nemo judex in causa sua*) and the fundamental right to a fair hearing.

While 'equality before law' and 'fair application of law' are broad constitutional doctrines, they do not specifically capture the intricate procedural fairness intrinsic to 'due process'.

IASCODEX · Answer

Option B: The procedure established by law

IASCODEX · Answer

Option C: Fair application of law

IASCODEX · Answer

Option D: Equality before law