What is Article 21 in the Constitution of India?

The phrase “Process established by law” indicates that a law that the legislature or the relevant authority has lawfully adopted is only legitimate if the appropriate procedure has been followed. This is because “Process established by law” indicates that a law that the legislature or the relevant authority has lawfully adopted is only legitimate. This is because, for legislation to be considered fair, it must first be legally accepted by the proper authority before the legislature can adopt it. 

The Article 21 Declaration

Article 21 in the constitution of India declares that “no one shall be deprived of his personal liberty except in line with the process provided by law.” 

A Quick Glance of the Historical Context of Procedure Established by Law vs Due Process of Law

The procedure established by law vs due process of law explains the history of law in the constitution. The term “procedure established by law” was used in the draft of Article 15 of the constitution due to a conversation between the Constitutional Assembly Advisor and Supreme Court. As a result of this conversation, the constituent assembly used the term.

While observing the history of due process of law, eliminating ambiguity was one of the goals of the assembly. This was done to improve the position of justice in the nation regarding the legislative. In addition, they had the goal of elevating the status of the judicial branch in comparison to the executive branch of the government.

It was thought that preventive detention strategies, utilised during British colonial rule but did not include constitutional due process safeguards, were the most effective way to control communal violence. However, these strategies did not have constitutional due process safeguards. 

The solution to a significant portion of this problem comprehensively was provided by Article 22. When the constituent assembly was convening, the term was criticised because of the prospect that it may be exploited for political objectives, party biases, and worries, placing an individual’s right to liberty in peril. This possibility led to criticism.

During the discussion of procedure established by law vs due process of law over the constituency, there was significant support for the “procedure specified by law.” This ensured parliamentary dominance in the legislative process while providing constitutional and judicial protections for “personal liberty” against judicial supremacy.

The Legal Procedure to Be Followed

• Within the framework of the constitution, the idea of “Procedure established by law” was first thought of and developed.

• It grants the Judicial Branch a very limited ability to exert its authority.

• Whether or not it is appropriate to deny a person their right to life or liberty will often be decided throughout a judicial action.

• The state will use the three criteria described below to determine whether or not the state’s action in this respect is legitimate.

Can the President take away someone’s life and freedom without giving them a chance to defend themselves in court?

• Whether or not the relevant legislature had the authority to do what it did when it enacted the relevant legislation. 

• Whether or not the appropriate legislature had the power to do what it did.

• Whether or not the legislation was approved by the legislative body appropriately and whether or not it was passed.

Suppose any of the criteria stated above are not satisfied. In that case, the court will order that the individual’s case be disclosed to shield him from the arbitrary decisions the executive branch may make. 

Article 21 of the Constitution of India

Article 21 of the constitution of India outlines the safeguarding of individual rights, including life protection and liberty protection. No one may be deprived of their life or liberty except in conformity with the law’s process, and this provision protects everyone.

The notion of “due process of law” is grounded in principles outlined in the constitution of India. 

As a direct consequence of this change, the court system will wield an increased level of authority.

In a scenario analogous to the one that was just detailed, the court will not only take into account the three cases and apply the PNJ to assess the law from the perspective of the history of the law’s goodness. This evaluation will determine whether or not the law satisfies its intended purpose.

The Fundamental Principles and Practices of Natural Justice

• Nobody should be declared guilty or punished before getting the opportunity to tell their side of the story and having that opportunity considered.

• Nobody will be evaluated only based on their particular circumstances, including everyone.

• It is reasonable to expect someone in a position of authority to operate in bona fide (good faith) and free from prejudice.

The court will protect the person against arbitrary executive action and legislative action if it concludes that it is either. This protection will be expanded if the court determines that the legislation infringes on the people’s constitutional rights. There is no explicit mention in the document governing the Indian Republic or the constitution.

Conclusion 

To better safeguard the rights of individuals, the Indian Supreme Court decided in 1978 to adopt a more liberal reading of the constitution. In particular, they want to increase the degree to which the phrase “method established by law” is interchangeable with “due process.” Article 21 in the Constitution of India limits the scope of its authorisation, limiting it to just those things and procedures outlined in legal precedent.