Procedure Established By Law Vs. Due Process Under Article 21
- YourLawArticle
- 7 days ago
- 1 min read
Written by: Shuhel Akhtar,4th year B.A.LL.B (Hons.), School of Law, Ramaiah University of Applied Sciences
Abstract
Article 21 of the Indian Constitution stands as one of the most significant guarantees of individual liberty and human dignity. It provides that “No person shall be deprived of his life or personal liberty except according to the procedure established by law.” This provision forms the foundation of India’s constitutional framework for the protection of fundamental rights. However, the interpretation of this phrase has undergone a remarkable transformation since the Constitution came into force in 1950.In its early years, the judiciary interpreted the phrase “procedure established by law” in a narrow, literal sense, holding that any law enacted by a competent legislature and properly followed was constitutionally valid, even if it resulted in the deprivation of personal liberty. This strict approach, as seen in A.K. Gopalan v. State of Madras (1950), reflected a belief in parliamentary supremacy and a cautious avoidance of judicial interference in legislative functions.
This research paper explores the historical origins, theoretical foundations, and judicial evolution of both doctrines. It evaluates how India has gradually moved from a formalistic notion of legality to a dynamic, rights-based understanding that ensures the protection of life and liberty not merely through procedural compliance but through substantive justice. Ultimately, this study highlights how Article 21 has emerged as the living embodiment of constitutional morality and human dignity in Indian democracy.
Keywords: Article 21, Indian Constitution, right to life, personal liberty, human dignity, constitutional framework, fundamental rights, judicial interpretation, procedure established by law
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