Due process of law: Its historical background and implementation under Indian standpoint Ghosh Anwesha* Ph.D. Scholar in Law at the Central University of Punjab, Punjab, India *Email id: anweshaghoshnusrl@gmail.com
Online Published on 28 February, 2024. Abstract Due Process of Law is a fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one’s life, liberty, or property. Also, it is a constitutional guarantee that a law shall not be unreasonable, arbitrary, or capricious.2 The Due Process obligates the state to respect the rights of people which are owed to them and any deprivation of such right shall not be arbitrary, unreasonable and capricious. The word “due” in America has been interpreted as ‘reasonable’, ‘just’, and ‘proper.’ American legal system has divided the due process into ‘Substantive due process’ and ‘Procedural due process.’ Procedural due process protects the individual that process adopted by the state to deprive the rights of individual should be fair and non arbitrary. “Just Laws Which Uphold Human Rights are the Necessary Foundation of Peace” – Aung San Suu Kyi1 Top Keywords Due process, Reasonable, Just, Proper, Fair, Non arbitrary. Top |