Understanding the Difference: Procedure Established by Law vs Due Process of Law under Article 21 of the Indian Constitution

Abstract

The understanding of Article 21 of the Indian Constitution, which provides for the protection of the right to life and personal liberty, has experienced a substantial transformation from its original reading as "procedure established by law" to a more expansive and inclusive idea known as "due process of law." This abstract examines the fundamental distinction between the aforementioned views, emphasising their consequences on individual rights and the operation of the Indian legal framework. The concept of "procedure established by law" initially constrained the scope of judicial review to the simple presence of a legal procedure. However, the transition towards the principle of "due process of law" has underscored the importance of ensuring that these procedures are equitable, impartial, and rational. The aforementioned evolutionary process has yielded significant outcomes, such as the bolstering of safeguarding individual rights, the establishment of equity in legal proceedings, and the cultivation of a more resilient and adaptable constitutional framework within the context of India. The abstract highlights the inherent dynamism of constitutional interpretation and its significant ramifications on the lives of Indian citizens.