meaning of terms
yugdeep narwat
(Querist) 22 October 2010
This query is : Resolved
what is d meaning of 'due process of law' and 'procedure established by law'???
and what is d difference between them ???
s.subramanian
(Expert) 23 October 2010
Both mean the same thing. In India we use the terminology Procedure established by law and in the USA they use Due process of law. In the Indian Constitution the words employed in Art.21 are "Procedure Established by law. In the American constitution the words employed are"Due Process of Law. It is popularly known as the Due Process clause.
R.Ramachandran
(Expert) 23 October 2010
If you simply accept that whatever procedure established by law is valid and proceed on that basis then you would be following the "procedure established by law".
But, if you question whether the procedure established by law itself is correct and legally valid vis-a-vis the fundamental rights guaranteed under the constitution, i.e. notwithstanding the fact that the procedure has been established by law the process of testing whether it in any way infringes the fundamental rights etc., and then upholding its validity or otherwise is called the due process of law.
The finer distinction will become clear to you if you could read the cases of Gokalnath, Keshavanand Bharti etc.
