Due Process of Law

Due process has two aspects. Substantive due process envisages that the substantive provisions of a law should be reasonable and not arbitrary. Procedural due process envisages a reasonable procedure, i.e., the person affected should have fair right of hearing which includes four elements, (i) notice, (ii) opportunity to be heard, (iii) an impartial tribunal and (iv) an orderly procedure. Under the concept of ‘due process’, the Courts become the arbiter of reasonableness of both substantive as well as procedural provisions in a law.

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