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Prelims 2023 · Q31 · Fundamental Rights

In essence, what does 'Due Process of Law' mean?

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Answer: A. 'Due process of law' means a law must not only be validly passed but also be fair and just; at its core it requires the principles of natural justice, such as a fair hearing and an unbiased judge. Indian courts read this into Article 21 after Maneka Gandhi (1978).

Watch for: Option B is the opposite concept that the Indian Constitution originally used in Article 21.

Why the other options are wrong
  • B. Wrong because 'procedure established by law' only checks that a law was validly passed, which is narrower than due process.
  • C. Wrong because fair application of a law does not test whether the law itself is fair.
  • D. Wrong because equality before law is the Article 14 idea, a different principle.

Source to check: Constitution of India, Article 21; Maneka Gandhi v. Union of India (1978); NCERT Class 11 Indian Constitution at Work, Ch 2 Rights in the Indian Constitution

Answer from the official UPSC key. Written and fact-checked by AI against the official key. Spotted a mistake? Report it.