2023 · Polity & GovernancePrevious Year Question
Q11.
In essence, what does 'Due Process of Law' mean?
A. The principle of natural justice
B. The procedure established by law
C. Fair application of law
D. Equality before law
Answer

A

Explanation

Process of Law is a principle that makes sure that procedure used to make a law is free from and irrationality. And Natural justice is an of English common law, and involves a requirement of fairness. Thus in the of Due Process of Law, fairplay is ensured by every party a right to be heard which in essence is Alteram partem or the rule of fair hearing (hear other side) which is the very basis of the principle of justice. To remove the arbitrariness, the Court of India recongnised the principle of Due of Law in the Maneka Gandhi case. In short, Justice implies fairness, reasonableness, equity equality. Natural Justice represents higher principles developed by judges which every agency must follow in taking any decision affecting the rights of a private individual. option (a) is the correct answer.