Difference Between Procedure Established by Law and Due Process of Law

By : Neha Dhyani

Updated : May 19, 2022, 8:29

Establishing laws in countries is important for maintaining order. The group of words that are often confused with each other is a procedure established by law and due process of law.

Although interrelated, there is a Difference Between Procedure Established by Law and Due Process of Law.

What is Procedure Established by Law and Due Process of Law?

A procedure established by law is a law that is valid only when it complies with the prescribed procedure. Following this law meant that the individual could be deprived of personal liberty. The term was used in Article 15 draft after the discussion of eminent advisors.

Sir B.N. Rau, the Constitutional Assembly Advisor and Frankfurter J. from the United States of America Supreme Court expressed their concern about using the due process clause.

The Due process of Law is an American concept taken from the Magna Carta clause 39. This doctrine sees that the law is fair and that the law deprives a person's liberty. Under this doctrine, if the Supreme Court finds that the law is not fair, it can declare it null and void.

Realising the Difference Between the Procedure Established by Law and Due Process of Law - A Paradigm shift in the Judicial Law

The judgment in the Maneka Gandhi Vs Union of India case brought a shift to this law. The Difference Between Procedure Established by Law and Due Process of Law was realized during the hearing of this case. Judicial activism emphasized giving more meaning to the term procedure established by law.

In this case, the passport of the petitioner was confiscated without prior notice.

Following this, the scope of Article 21 was expanded, along with the right to travel out of the country. The demand was to make Article 21 fair, reasonable, and just. This made way for the procedural due process along with the establishment of links between Articles 19, 14, and 21.

The term due process involves a fundamental prerequisite of providing an opportunity to be heard. Justice Krishna Iyer equated the procedure established by law and the procedural due process and mentioned that an orderly process involves being heard and for the law to be just and fair.

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Important Differences between Procedure Established by Law and Due Process of Law

Law Term

Procedure Established by Law

Due Process of Law

Doctrine Scope

Under this doctrine, the law is valid only if the procedure is followed.

Under this doctrine, the rights of the citizen are protected.

Process

Follows the process of law

Checks on the fairness of the law

Origin

Originated from the British

Originated from the Western Constitution of the United States.

Mention in the Indian Constitution

This term is introduced in Article 21 of the Indian Constitution

Not explicitly mentioned in the Indian Constitution

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The interrelated terms procedure established by law and due process by law has some differences too. The most important Difference Between Procedure Established by Law and Due Process of Law is the provision of a chance for the citizen to be heard and protect their rights. The procedure established by law is mentioned in Article 21 of the Indian Constitution.

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FAQs on the Difference Between Procedure Established by Law and Due Process of Law

Q1. What is the most important Difference Between Procedure Established by Law and Due Process of Law?

The most important Difference Between Procedure Established by Law and Due Process of Law is the protection of the citizen's rights and the provision of a chance to be heard out.

Q2. Is there a Difference Between Procedure Established by Law and Due Process of Law mentioned in the Indian Constitution?

Yes, there is a Difference Between Procedure Established by Law and Due Process of Law mentioned in the Indian Constitution. The "procedure established by law" is mentioned in Article 21 of the Indian Constitution, while there is no explicit mention of "due process of law" in the Indian Constitution.

Q3. Is there a Difference Between Procedure Established by Law and Due Process of Law in terms of origin?

Yes, there is a Difference Between Procedure Established by Law and Due Process of Law in terms of origin. The procedure established by law has a British origin, and the due process of law has its origin in the Constitution of the United States.

Q4. Which case changed and brought out the Difference Between Procedure Established by Law and Due Process of Law?

The case between Maneka Gandhi Vs the Union of India brought a change and brought out the Difference Between Procedure Established by Law and Due Process of Law.

Q5. What is the similarity and Difference Between Procedure Established by Law and Due Process of Law?

Both the terms are intertwined, but still, there is a Difference Between Procedure Established by Law and Due Process of Law. Both the laws are prescribed under the state of law. The procedure established by law has a narrow scope and does not see if the citizen's rights are protected, while under the "process of law", the citizen's rights are protected, making it fair and just.