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Due Process of Law UPSC 2023
Due process of law is a fundamental principle of the Indian Constitution, enshrined in Article 21. It guarantees that no person shall be deprived of their life, liberty, or property without following the procedure established by law. This means that the government must follow fair and just procedures when it takes away someone’s rights.
There are two main aspects of due process: procedural due process and substantive due process. Procedural due process requires that the government follow fair procedures when it takes away someone’s rights. This includes things like providing notice of the deprivation, giving the person a chance to be heard, and ensuring that the decision is made by a neutral decision-maker.
Substantive due process requires that the government’s laws be fair and just. This means that the laws cannot be arbitrary or unreasonable. The laws must also be consistent with the principles of fundamental fairness.
Due process is an essential safeguard against government tyranny. It ensures that the government cannot take away someone’s rights without following the law and without giving the person a fair chance to defend themselves.
Due Process of Law – Overview
| Principle: | Due Process of Law |
|---|---|
| Constitution: | Indian Constitution |
| Article: | Article 21 |
| Purpose: | Guaranteeing fair procedures and just laws for deprivation of rights |
| Aspects: | Procedural due process and substantive due process |
| Procedural Due Process: | – Fair procedures for deprivation of rights – Notice of deprivation – Right to be heard – Neutral decision-maker |
| Substantive Due Process: | – Fair and just laws – Laws cannot be arbitrary or unreasonable – Consistent with fundamental fairness |
| Safeguard against tyranny: | Ensures government cannot deprive rights without following the law and fair procedures |
Due process of law upsc 2023 questions
What is due process of law?
Due process of law is a fundamental principle of the Indian Constitution, enshrined in Article 21. It guarantees that no person shall be deprived of their life, liberty, or property without following the procedure established by law. This means that the government must follow fair and just procedures when it takes away someone’s rights.
What are the two main aspects of due process?
The two main aspects of due process are procedural due process and substantive due process. Procedural due process requires that the government follow fair procedures when it takes away someone‘s rights. This includes things like providing notice of the deprivation, giving the person a chance to be heard, and ensuring that the decision is made by a neutral decision-maker.
What are the key aspects of due process that are relevant to the UPSC 2023 exam?
Some of the key aspects of due process that are relevant to the UPSC 2023 exam include the right to a fair trial, the right to be free from unreasonable searches and seizures, the right to be free from self-incrimination, and the right to due process in administrative proceedings.
How has the Supreme Court interpreted the due process clause of the Constitution?
The Supreme Court has interpreted the due process clause of the Constitution in a number of different ways over the years. As a result, there is no single definition of due process that can be applied to all cases. However, the basic principles of due process remain the same: the government must follow fair and just procedures when it takes away someone’s rights.
What are some examples of due process violations?
Some examples of due process violations include:
The government arresting someone without a warrant.
The government searching someone’s home without a warrant.
The government forcing someone to testify against themselves.
The government denying someone a fair trial.
