Understanding the Doctrine of Legal Validity
Q: What is due process of law? How it differs from procedure established by law?
The debate between Procedure Established by Law and Due Process of Law is central to the interpretation of Article 21 of the Indian Constitution. It defines the extent to which the Judiciary can review the actions of the Legislature to protect individual liberty.
1. Procedure Established by Law
Derived from the British Constitution, this doctrine implies that a law is valid if it has been enacted by the competent legislature following the correct technical procedure.
- Focus: It only checks if the law exists and if the correct steps were taken to pass it.
- Judicial Restraint: The court does not question the fairness or intent of the law itself. If the procedure is right, the law is valid, even if it is harsh.
- A.K. Gopalan Case (1950): Initially, the Supreme Court took a narrow view, adhering strictly to this doctrine.
2. Due Process of Law
Borrowed from the American Constitution, this is a wider doctrine. It requires that a law must not only be enacted through the correct procedure but must also be just, fair, and non-arbitrary.
- Substantive Review: The court examines the substance of the law. It asks: "Is this law reasonable?"
- Natural Justice: It incorporates the principles of Natural Justice, ensuring that the law does not violate basic human dignity.
The Indian Shift: Maneka Gandhi Case (1978)
In the Maneka Gandhi Case, the Supreme Court ruled that the "procedure" under Article 21 must not be arbitrary. It effectively introduced the American concept of Substantive Due Process into Indian jurisprudence. Today, a law must pass the "Golden Triangle" test (Articles 14, 19, and 21).
Definition of Key Term
Natural Justice: Legal principles requiring fairness, such as Audi Alteram Partem (hear the other side) and the rule against bias.
Conclusion
While the text of Article 21 mentions "Procedure Established by Law," the Judicial Interpretation has evolved it into "Due Process." This shift ensures that the Legislature cannot pass draconian laws that infringe upon the Right to Life without a reasonable and just cause.
Word Count: 248 words