In essence, what does Due Process of Law’ mean?
- The principle of natural justice
- The procedure established by law
- Fair application of law
- Equality before law
Explanation
- In Maneka Gandhi v. Union of India, the Supreme Court expanded the meaning of “procedure established by law” to effectively incorporate the concept of due process. It held that any procedure depriving a person of life or personal liberty must be just, fair, and reasonable, and the law itself must also satisfy the requirements of Articles 14, 19, and 21. With this interpretation, both substantive and procedural due process were read into Article 21, thereby embedding the essence of natural justice. Consequently, whenever a person is deprived of life or personal liberty, the guarantees of fairness inherent in natural justice apply. These principles primarily include nemo judex in causa sua (no one should be a judge in their own cause, ensuring absence of bias) and audi alteram partem (the right to be heard, meaning no one should be condemned unheard).
