Difference Between Due Process of Law and Procedure Established By Law
By BYJU'S Exam Prep
Updated on: November 14th, 2023
The major difference between due process of law and procedure established by law is that in the former law, the citizen’s rights are protected, making it fair and just, while the latter has a narrow scope and does not see if the citizen’s rights are protected. Establishing laws in countries is important for maintaining order. The group of words often confused with each other is a procedure established by law and due process of law. Although interrelated, due process of law and procedure established by law is different in many aspects.
Difference Between Due Process Of Law And Procedure Established By Law PDF
Due process of law traces back its origination to the western constitution of the United States, while procedure established by law has its origin in British. The aspirants preparing for UPSC can prepare well for the difference between the due process of law and procedure established by law to gain in-depth knowledge. We have facilitated the meaning and definition of the terms along with the difference between due process of law and procedure established by law.
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Difference Between Due Process of Law and Procedure Established By Law
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 providing a chance for citizens to be heard and protect their rights. The procedure established by law is mentioned in Article 21 of the Indian Constitution.
Check the essential points highlighting the difference between due process of law and procedure established by law.
Due Process of Law vs Procedure Established by Law
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Due Process of Law and Procedure Established by Law |
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Law Term |
Procedure Established by Law |
Due Process of Law |
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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. |
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Process |
Follows the process of law |
Checks on the fairness of the law |
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Origin |
Originated from the British |
Originated from the Western Constitution of the United States. |
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Mention in the Indian Constitution |
This term is introduced in Article 21 of the Indian Constitution |
Not specifically mentioned in the Indian Constitution |
Due Process of Law and Procedure Established by law
A procedure established by law is passed by the Parliament would be valid if it had undergone the proper procedure, while due process of law theory challenges not only whether an existing law takes away a person’s life and freedom but also inquires whether the law is unbiased and not unplanned.
What is Due Process of Law Meaning?
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 the law unfair, it can declare it null and void.
- 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 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.
What is Procedure Established by 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 the Article 15 draft after the discussion of eminent advisors.
- The judgment in the Maneka Gandhi Vs Union of India case brought a shift to this law.
- The difference between the due process of law and procedure established by 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 petitioner’s passport 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 procedural due process and establishing links between Articles 19, 14, and 21.
Conclusion:
Key Difference Between Due Process of Law and Procedure Established By Law
The key Difference Between Due Process of Law and Procedure Established By Law is that Due Process of Law checks on the fairness of the law, while Procedure Established By Law pursues the process of law.
