Adv. Priyanka Dutta, Galgotias University
Article 21 of our Constitution provides Protection of Life and Personal Liberty which states No person shall be deprived of his life or personal liberty except according to the procedure established by law. Therefore, a question arises what is the procedure established by law.
Procedure established by law means a person can be deprived of personal liberty or even life according to the procedure established by law. Hence, if the parliament passes a law, then the personal liability and life of an individual can be taken off according to that law’s procedures and provisions.
Whereas Due process of law prohibits the state from taking actions that shall deprive an individual from their rights to safety, liberty or life. Due process of law is the doctrine that checks for laws depriving life and personal liberty of an individual and checks if the law is fair, not arbitrary and just. If the Supreme Court finds any law that is not fair, they will declare the law void and null. This doctrine provides more fair treatment of an individual’s rights. Due process is the legal requirement required by the state to respect all the rights owed to a person.