University of Allahabad

Department of law

PROCEDURE ESTABLISHED BY
LAW
&
DUE PROCESS OF LAW
Presented by: Vipul Prajapati
Teacher’s name: Ms. Anushree Pandey
Procedure Established by Law

 It is a English doctrine.
 It is expressly used in Art. 21 of Indian Constitution.
 Art. 21 says “No person shall be deprived of his life or personal liberty except
according to procedure established by law”.
 This doctrine stands with Parliamentary Supremacy.
 In it people are protected from executive tyranny.
Due Process of Law

 Its origin is English but it is an American concept.

 It was used in draft constitution of India in the place of procedure established
by law but It was ignored by the constituent assembly after the discussion of
Mr. BN Rau and Justice Frankfurter.
 It not only protect people from executive tyranny but also protect from
legislature.
 It gives the supremacy to the Judiciary.
 It usually mean that the legislature or governing body can’t make any
arbitrary, unfair, unjust order. If judiciary find any law or order is
unreasonable and against the principle of natural justice then judiciary will
declare that null and void.
When the major change come in the context of
these two terms India
 In the judgment of AK Gopalan vs State of Madras, 1950. Supreme court
interpreted procedure established by law negatively. That judgment established
that legislature can make any law and no one can question if the procedure is
followed correctly.
 But in the judgment of Meneka Gandhi vs Union of India, Supreme Court held
that legislature can’t make any arbitrary or unreasonable law or order. Every
law must be fair and just. Procedure must be reasonable and not arbitrary.
Apex court dismissed the judgment the of AK Gopalan vs State of Madras and
introduces the “procedural due process”.
Conclusion

In the words of layman:

“Due process of law= Procedure Established by Law + the Procedure should be
fair, just and not arbitrary”.