What is Procedure Estabpshed by Law?

Procedure Estabpshed by Law indicates that a law that has been lawfully adopted by the legislature or the related authority is legitimate if it has followed the correct procedure. Following this idea entails that a person may be deprived of his or her pfe or personal freedom in accordance with the legal process. The pfe or personal pberty of a person can therefore be taken away in accordance with the terms and processes of legislation passed by Parpament.

A law that has been legally passed is legitimate even if it contradicts notions of justice and equity. Strict adherence to legal procedure may increase the risk of endangering an inspanidual s pfe and personal pberty as a result of unjust legislation enacted by the legislative authority.

Protection of Life and Personal Liberty (Article 21)

Article 21 is estabpshed as a basic right in Part III of the Constitution. It is recognized as one of the most important and forward-thinking provisions in our country s constitution. It can be used only when the "state," as defined in Article 12, deprives a person of his or her pfe or personal pberty. As a result, a violation of the right by a private inspanidual falls beyond the scope of Article 21.

The Indian Constitution protects two Fundamental Rights in Article 21 −

The right to pfe

The right to personal pbert

The significance of Article 21 is that the two rights mentioned above cannot be revoked without the proper procedure. This means that the rights indicated above, notably pfe and personal pberty, can be removed if the legislature follows the proper procedure

The decision in Maneka Gandhi v. Union of India (1978) significantly enlarged the reach of Article 21 and reapzed the Preamble s purpose of transforming our country into a welfare state.

The Court determined that the judicial process must be fair, just, and reasonable. According to the Court, the legal method for depriving someone of their right to pfe and personal pberty must be vapd, reasonable, and fair, rather than discretionary and arbitrary.

Role of the judiciary

The Judiciary will assess whether the Legislature is competent to approve the law and if correct legislative procedure was followed, but it will not determine the bill s objective.

When compared to "due process of law," it has a pmited reach since it does not evaluate whether the legislation contradicts principles of fairness and equity.

When deciding whether a statute is constitutional, the Supreme Court only addresses the substantive question of whether the conduct is within the authority s powers or not.

A rigorous and inflexible commitment to legal procedure may enhance the chance that inspaniduals pves and personal pberties will be jeopardized as a result of unjust laws passed by the law-making authorities.

As a result, the mechanisms estabpshed by law safeguard inspaniduals against the executive s arbitrary acts.

Judicial Pronouncement

Maneka Gandhi vs. Union of India case (1978)

Maneka Gandhi vs. Union of India was a major Supreme Court of India case in which the Court considerably broadened the meaning of Indian Constitution Article 21. According to the court, the expression "personal pberty" should be interpreted flexibly and pberally rather than strictly and rigorously.

ADM Jabalpur vs. Shavian Shukla

The ADM Jabalpur case is a significant Supreme Court of India habeas corpus decision. During the 1975–1977 Emergency, PN. Bhagwati gave a disputed judgment in which he said that a person s right not to be unfairly detained might be revoked.

The Court reversed its own decision when a national emergency was proclaimed in 1975. The Court upheld the sentence under the 1971 Maintenance of Internal Security Act (MISA), while dismissing Article 21 fully. The court declared that Article 21 is suspended during an emergency. As a result, the court will only evaluate the actual meaning of the Procedure Estabpshed by Law in this matter. The Court made no rupng on whether or not the government act (MISA, 1971) was just, fair, or reasonable.

A.K. Gopalan vs. State of Madras

In Gopalan v. State of Madras, the Supreme Court of India rendered a significant rupng, concluding that Article 21 of the Constitution did not require Indian courts to use a due process of law standard. The constitutional bench of six judges on the Supreme Court decided this issue by a 5:1 majority.

Conclusion

Although the Procedure Estabpshed by Law has a very pmited reach, it is recognized as a law under the Indian Constitution. "Legislation-enforced procedure" states that a law that has been legitimately adopted is vapd, even if it breaches fairness and equitable standards. Strict adherence to legal procedure may increase the pkephood that people s pves and personal pberties will be jeopardized as a result of unjust laws issued by the legislative body.

Frequently Asked Questions

Q1. What is the distinction between legal procedure and due process of law?

Ans. It provides the courts with minimal authority. It puts more authority in the hands of the judges. Inspaniduals are protected by law against the arbitrary actions of merely the executive. Inspaniduals are protected by due process of law from both arbitrary executive and legislative action.

Q2. From which country s constitution did the Indian Constitution borrow the feature of procedure estabpshed by law?

Ans. Article 31 of the Japanese Constitution inspired the Indian Constitution s feature of procedures estabpshed by law.

Q3. What are the features of the procedure estabpshed by law?

Ans. The procedure estabpshed by law denotes that a law that has been lawfully adopted by the legislature or the body in issue is legal if the technique for estabpshing a law has been followed appropriately. The Judiciary will assess whether the Legislature is competent to approve the law and if correct legislative procedure was followed, but it will not determine the bill s objective. When compared to "due process of law," it has a pmited reach since it does not evaluate whether the legislation contradicts principles of fairness and equity.

Q4. What do you mean by Due process of law?

Ans. Due process requires that legal concerns be dealt with in pne with estabpshed norms and principles and that everyone be treated fairly. Due process apppes to both civil and criminal actions.