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Anmol Sharma (advocate)     07 June 2010

due process of law

Dear brothers,

Recently there was a obiter expressed by the courts that due process of law is applicable in India.

Does anybody know more about it... please reply

Anmol.



Learning

 3 Replies

Arup (UNEMPLOYED)     07 June 2010

 due process of law is in american constitution, for the protection of personal liberty, in india it is 'without the procedure established by law'. both are almost similar but have a doffrence.

kirtirani sole (Student)     07 June 2010

You can go throug two important cases i.e. 1. A.k. Gppalan v. Union of India 1950 SC 27                                           2. Maneka Gandhi v. UOI AIR 1978 SC 597 and Constitutional Assembly Debates. Try to get information about insertation of word "due" while drafting the Constitution.

hassnain kaazi sayyed (lawyer)     08 June 2010

Adv. Amol i would like  to answer ur question regarding "due process of law" it is in American maxim which are used in Americe and in the constitutional Assembly debate vol 7 page no 700 it was the debate that if in the Indian Constitution we include the Due process the it gives vast power to court to decide matter on their own b'coz  the word "due" gives wide power in the hans of the judges to decide inspite of following procedure on the basis of their own rationality and Justice Frankferter gave the advice to the Constitutional Assembly member B.N.RAO that dont insert "DUE PROCESS OF LAW".

 But in Maneka Gandhi case it was held that " it is agree that "due" word not is there but it is impliedly there wehave to read due process of law" it was totally the land mark judgement of judicial activism and b'coz of this maxim indian court decided many landmark cases.

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