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What Is Procedure Established by Law in India

09/12/2022 | objavio Radio Gradačac

Judicial review is similar to due process in that it does not make the Indian parliament sovereign. The procedure established by law states that a law passed after due process is lawful, even if it violates the principles of fairness and equality. Strict adherence to procedure can increase the likelihood of endangering a person`s life and personal freedom. In order to minimize these circumstances, the Supreme Court has emphasized the importance of due process in various judgments. (3) The executive branch should follow this procedure while depriving a person of his life or personal liberty. In Maneka Gandhi v. Union of India (1978), the Supreme Court ruled that a legal proceeding under section 21 must be “fair, just and reasonable, not frivolous, oppressive or arbitrary”, otherwise it is not considered a trial at all and the requirement of section 21 is not met. Therefore, in our country, the term “procedure” established by law has acquired the same meaning as the term “due process” in the U.S. Constitution. Although the application of the legal doctrine of procedure and due process is different, there are some similarities between them, which are mentioned below: In the present case, however, Justice Fazal Ali dissented. He stated that the meaning of the term procedure established by the law also implied due process, indicating that no one should be left without an opportunity to be heard, i.e. audi alteram partum (no one can not be heard), as this is one of the important principles of natural justice. In King Kaiser v.

Benoari Lal Sharma (1944), the Privy Council described legally established procedure as “conventional and established criminal procedure.” Thus, when Parliament enacts a law, a person`s personal responsibility and life can be lifted in accordance with the procedures and provisions of that law. The procedure of the Act is mentioned in Article 21 of the Constitution of India. The case of Maneka Gandhi v. Union of India (1978) has established the difference between due process and statutory procedure. Question: What does the Supreme Court do in due process if the law is unfair or unjust? The procedure established by law is a law approved by the legislator or a similar body concerned. The law is only valid if the procedure followed is correct, legal and strictly followed as required. It follows that a law lawfully adopted by the legislature or a body concerned is lawful if it is respected only truthfully. The Supreme Court rejected the views expressed by the various high courts and held that no one had standing to apply under section 226 of a writ of habeas corpus or other plea to a Supreme Court challenging the legality of a detention order or any other ground, such as: if it was not in accordance with the law or unlawful or if it was based on extraneous considerations.

The American standard of “due process” took a back door into our constitutional provisions in ours and established links between section 14, section 19 and section 21. 4. In the present case, the court would examine whether the procedure used is just sufficient to formulate the law and whether law and order have been observed or not. Article 21 of the Constitution of India states: “No person shall be deprived of his life or personal liberty unless done in accordance with such procedure as are prescribed by law.” At the international level, the procedure of the term statutory has also been used in relation to the right to life and personal liberty under Article 31 of the Japanese Constitution of 1946, which states: “No one shall be deprived of his life and personal liberty, and no criminal punishment shall be imposed except in accordance with a procedure established by law. » Do we accept the procedures established by the law of Japan? In Mathews v. Eldridge (1976), the U.S. Supreme Court instituted the three-step test for determining whether or not a law infringed individual liberty. A law must pass three tests to become a valid law. After Maneka Gandhi`s decision, the Supreme Court of India also adopted this test. The three criteria are: Article 21 of the Constitution of India uses the term “statutory procedure”. This means that if a law has been passed by Parliament in accordance with due process, it will be a valid law.

The implementation of this concept suggests that a person could be deprived of life or personal liberty according to the procedure provided by law. Following Maneka Gandhi v. Union of India (1978), the Indian judiciary adopted a liberal procedural meaning of the term statutory and assimilated it to the American concept of due process to protect an individual`s fundamental rights.

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