Understanding the Constitutional Mechanism of Due Process of Law and Procedure Established by Law


Prakhar Dubey*


Published on January 31, 2022 | Manuscript Number: 2022/LWLR/31015 | Page Numbers: 15-29

Abstract: The Constitution is a core element from where government or state derives its power. It sets the rules and regulations. India being the largest democracy having a different religion, culture, geographical location and different people has the longest written Constitution and has been prepared by taking several key features from a different country to gain its uniqueness. One of the two most prime features of our Indian Constitution is the Due Process of Law and Procedures Established by Law. This paper explains how the Constitutional Law Assembly discussed the concept and application of the above concept in our society. The discussion by the judiciary in interpreting constitutional mechanism in various case laws. The author has also compared the model applicable in India and has compared it with the U.S.A., U.K, Japan. Secondly the article explains the reason how journey took from procedure established by law to due process of law and why initially we have procedure established by law and what led the constitutional lawmakers to add the due process of law later, and how these changes made difference in the light of substantive jurisprudence which was taken note by apex court during early years, followed by days of emergency and finally in PIL Jurisprudence.

Keywords: Constitution Debates, Judiciary, Due Procedure, Substantive Jurisprudence, PIL.

*University of Petroleum and Energy Studies, Dehradun

Cite as: Prakhar Dubey, Understanding the Constitutional Mechanism of Due Process of Law and Procedure Established by Law (2022) 1(3) LKO. L. REV. 15