Download This Paper‘Due Process' v. ‘Procedure established by Law’: Framing and Working the Indian Constitution
Comparative Constitutional Law and Administrative Law Quarterly, 2013
17 Pages Posted: 12 May 2020
Date Written: June 1, 2013
Abstract
The Constitution of India is known for borrowing key concepts and provisions from constitutions all over the world. Being the fundamental law of the land, the judiciary has relied upon its creative and unconventional interpretations to introduce and establish a substantive rights jurisprudence, contrary to the known intent of the framers. This article seeks to study whether the emergence of this jurisprudence was inevitable, especially since the framers specifically sought to prevent it by not adopting a ‘due process’ clause. It lays out the reasons and implications of the non-adoption of the ‘due process’ clause and proceeds to see, using a case-study method, whether such choice made a difference to the emergence of substantive ‘due process’ rights in the Indian context.
Keywords: Art. 21, Procedure Established by Law, Due Process Clause
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