• Farhad Islam
• Dr. Vivek Kumar

The ultimate aim and objective of any democratic country is the attainment of justice and the Members of the Constituent Assembly has made every strive to achieve it. The attainment of this objective depends upon the legal system of the country. The soundness, solidity, integrity and strength of any legal system depends on the fairness of law, rule of law and concern for human rights. In a country like India being the largest democratic country embeds the valuable human rights as a special pearl or jewel in its Constitution. The Right to liberty and life is the core of human rights as it is a precondition and qualification for the enjoyment of rest of the rights. The extraordinary importance of the right to life and liberty is very much evident as it cannot be suspended even during emergency. To uphold this sacrosanct right, Article 21 is enshrined in the Constitution of India. Article 21 of the Constitution provides for ‘procedure established by law’ whereas the US constitution provides for ‘due process of law’. The terms ‘due process of law’ gives vast and enormous powers to the American Judiciary whereas this is not the same with the Indian Judiciary due to the terms ‘procedure established by law. Despite deliberate omission by the forefathers of the Constitution the Honorable Supreme Court has interpreted the Constitution in such a way that the ‘due process’ has been embraced. This adoption has thereby given the Indian Judiciary vast powers to supervise and invalidate any Union or State action, whether legislative or executive or of any public authority which is perceived by the Court to be ‘arbitrary’ or ‘unreasonable’. Moreover the due process concept has empowered the procedure of law by integrating all of its components and by addressing each one of them with equity, fairness and reasonableness.

Article 21, Just, Fair, Reasonable, Due Process, Procedure established by Law

"Journey from Procedure established by law to Due Process of Law", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.6, Issue 4, page no.450-454, April-2019, Available :http://www.jetir.org/papers/JETIR1904368.pdf

"Journey from Procedure established by law to Due Process of Law", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.6, Issue 4, page no. pp450-454, April-2019, Available at : http://www.jetir.org/papers/JETIR1904368.pdf