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The procedure established by the law is a law which is endorsed by the legislature or a similar concerned body. The law is valid only if the procedure followed is correct and legal and is followed absolutely as required. It infers that a law that has been properly passed by the legislature or a concerned body is legal if only it is followed in the truthful procedure.
Procedure Established by Law
- The doctrine of Procedure Established by Law was initiated under the English Constitution
- It deliberates limited power in the hands of the Judiciary
- Its denial of the life or liberty of individuals is confronted before a court of law
- Following this doctrine means a person can be disadvantaged of personal liberty or even life according to the procedure recognized by law
- If the parliament licenses a law, then the personal accountability and life of an individual can be taken off according to the Procedure established law’s procedures and provisions
- Whether the legislature while endorsing the law had followed the prescribed procedure or not in the right way
- The procedure established by law is an Indian constitutional doctrine
Check out the UPSC Notes
Due Process of Law
- Due process of law is a procedural requirement that takes care of the fact that each person must not be deprived of all the legal rights as provided by the government as constitutional rights
- The due process of law balances the power of law between land and protects individuals from it
- Due process was established from clause 39 of the Magna Carta in England
- When English and American law steadily departed, due process was not supported in England but did become merged in the Constitution of the United States
- Due process of law is the principle that checks for laws depriving the life and personal liberty of an individual and checks if the law is fair and is not arbitrary and just an action
- The doctrine delivers more fair treatment of an individual’s rights
- Due process is the legal necessity required by the state to respect all the rights allocated to a person
Also see: UPSC Question Paper
Difference between Procedure Established by Law and Due Process of law
Procedure established by law | Due Process law |
| 1. The due process law not only verifies individual asset protection, but along with checking if the procedures followed are right and valid or not |
2. It originated from the British Constitution | 2. It originated from the United States Constitution |
3. Strict adherence to the procedure established by law arises the risk of compromising life and personal liberty | 3. Provides individual privacy to all people and respects all legal rights provided to one |
4. Here, the court would scrutinize if the procedure followed is just enough to frame the law and if law and order have been followed or not | 4. The law provides fundamental judiciary rights, liberty, and proper execution of the laws by the individuals |
5. The scope of this law is very narrow The law does not question equity and justice principles | 5. Has a wider scope in terms of opportunities that are provided for protecting the rights of the citizens |
6. The doctrine of the law has a big error It does not evaluate if the Parliamentary laws are fair or arbitrary. | 6. The doctrine provides a very clear and fair picture. Any unfair means applied are declared null and void |
7. Has stringent rules and laws which sometimes violate the rights of the common people | 7. Gives judiciary access to fundamental impartiality and liberty of legislation. |
8. This doctrine emphasizes more the good wisdom of the legislature and the strength of public belief in the country | 8. The Due Process of Law deliberates a varied range of power in the hands of the Judiciary |
9. It covers the safety of an individual for his life and liberty Only against arbitrary action of the executive but not against that of legislative | 9. The due process claw was considered undemocratic and troublesome to the judiciary It was seen as misguiding which empowered the judges to invalidate the legislation that was enacted by the constituent assembly |
10. The Procedure Established by law is a legally and constitutionally accepted law The law is mentioned under Article 21 of the Constitution of India. | 10. The due process of law has no exact mention of its law in the Indian constitution |
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Conclusion
Although the Procedure Established by law has a very narrow extension of scope, it is accepted as a law that comes under the Indian constitution. Whereas, even after having a wider range of scope, the Due process of Law is not considered constitutional law. The due process naming created an ambiguity for which it was declared to be undemocratic and invalidated by legislators.
