Tracing Due Process In Article 21 And A Case For Hierarchy In Fundamental Rights
- IJLLR Journal
- Jun 12
- 1 min read
Pragya Chauhan, LLB (Hons), NLSIU, Bengaluru, Karnataka, India BA (H) Political Science, Miranda House, University of Delhi, Delhi, India
ABSTRACT
This paper investigates the extent to which the doctrine of ‘due process of law’—originally excluded by the framers of the Indian Constitution—has been judicially incorporated into its framework. It argues that both procedural and substantive due process have been read into Article 21 by the judiciary, particularly following the landmark decision in Maneka Gandhi v. Union of India. Later, the paper highlights the emergence of a hierarchy among fundamental rights in India. While rights under Article 21 are protected, they do not receive the same level of judicial scrutiny as those under Article 19. This has led to a differentiation in the protection of rights, with some rights subject to more rigorous judicial review than others.
