Q. In essence, what does Due Process of Law mean? (UPSC Prelims 2023)
Answer:
The principle of natural justice
Notes: The correct answer is
[A] The principle of natural justice, according to the official UPSC answer key.While "Fair application of law" is the modern
result of due process, the UPSC identifies its
essence as the core legal philosophy from which it originates.
- Statement [A] – Correct: The "Due Process of Law" is rooted in the Principles of Natural Justice, which include Audi Alteram Partem (the right to be heard) and Nemo Judex in Causa Sua (no one should be a judge in their own case). It implies that any law or procedure must not only be legally enacted but must also be just, fair, and reasonable.
- Statement [B] – Incorrect: "Procedure established by law" is a more literal, formalistic approach (originally from the British tradition and Article 21 of the Indian Constitution). It only requires that a specific legal procedure be followed, regardless of whether that procedure is inherently fair.
- Statement [C] – Incorrect (as per key): While "Fair application" is what due process achieves, it is seen as a functional description rather than the philosophical "essence." In the landmark Maneka Gandhi vs. Union of India (1978) case, the Supreme Court moved India toward "Due Process" by ruling that any "procedure established by law" must also satisfy the principles of natural justice.
- Statement [D] – Incorrect: This refers to Article 14 (Equality before Law), which ensures equal treatment under the law but does not specifically address the inherent fairness or "justness" of the legal process itself.