In essence, what does 'Due Process of Law' mean?
- (a) The principle of natural justice ✓ UPSC's answer
- (b) The procedure established by law
- (c) Fair application of law
- (d) Equality before law
Why the answer is (a)
• 'Due process of law', an American doctrine, requires that a law depriving a person of life or liberty must itself be just, fair and reasonable — courts examine both the procedure and the substance of the law.
• In essence it embodies the principles of natural justice: a fair hearing, an unbiased authority and reasoned decisions — option (a).
• India's Article 21 originally used the narrower 'procedure established by law' (option b), meaning any procedure enacted by the legislature; Maneka Gandhi (1978) read due-process fairness into it.
• 'Fair application of law' and 'equality before law' (Article 14) are related ideas but not the essence of due process.
• Hence option (a).
Why the other options are wrong
- (b) The procedure established by law
- 'Procedure established by law' is the narrower doctrine that due process contrasts with.
- (c) Fair application of law
- Fair application is a consequence, not the essence, of due process.
- (d) Equality before law
- Equality before law is Article 14's principle, distinct from due process.
Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2023, held on 28 May 2023. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.