Due Process

June 8, 2024

 Due process in the Indian legal system refers to the legal principle that ensures fair treatment through the normal judicial system, protecting individuals against arbitrary denial of life, liberty, or property by the state. This concept is embedded in the Constitution of India, particularly under Article 21, which guarantees the right to life and personal liberty. Due process encompasses both substantive and procedural aspects. Substantive due process requires that laws affecting fundamental rights be fair, reasonable, and just. Procedural due process mandates that legal proceedings be conducted with fairness, including adequate notice, the right to a fair hearing, representation by legal counsel, and the opportunity to present evidence and cross-examine witnesses. The principles of natural justice, such as the rule against bias (nemo judex in causa sua) and the right to a fair hearing (audi alteram partem), are integral to due process. The judiciary plays a crucial role in upholding due process by reviewing the actions of the legislature and executive to ensure they comply with constitutional mandates. Due process is essential for maintaining the rule of law and safeguarding individual rights against arbitrary state action.


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