Background
Overview
Understanding due process is crucial for analyzing the scope of fundamental rights, judicial activism, and the checks on executive and legislative power in a democratic system. It's a recurring theme in GS2 for constitutional law and governance.
Due process of law is a constitutional guarantee that ensures fair treatment through the judicial system, protecting individuals from arbitrary actions by the state. It mandates that the government must respect all legal rights owed to a person, encompassing both procedural fairness (how laws are applied) and substantive fairness (the content of the laws themselves). In India, Article 21 of the Constitution, 'Protection of Life and Personal Liberty,' has been interpreted by the Supreme Court to include the concept of 'due process of law', ensuring that any law depriving a person of life or liberty must be fair, just, and reasonable.