Question

Choose the correct option based on the statements given:
(1) Procedure Established by Law is a principle which states that a law is considered valid if it has been properly enacted by the relevant authority, following the correct procedure. Whereas Due Process of Law is a concept that ensures any law in question is fair and not arbitrary.
(2) It was in the case of A. K. Gopalan vs State of Madras, the Supreme Court of India determined that the phrase "procedure established by law" does not refer to any arbitrary procedure set by the Parliament. Instead, it should be interpreted in line with the "due process", which emphasizes fairness and the protection of fundamental rights.

• A. Only (1) is true
• B. Only (2) is true
• C. Both (1) and (2) are true
• D. Both (1) and (2) are false

Hint:

"Procedure Established by Law" checks if the law is properly enacted.
"Due Process of Law" checks both enactment and fairness.
India originally followed the former but later moved towards including the latter via judicial interpretation.

Answer 1

The Correct Option is A

Statement 1: True
The term "Procedure Established by Law" is derived from Article 21 of the Indian Constitution. It means that if a law has been duly enacted by a competent legislature, then it is valid, regardless of whether it is just or unjust. The Indian Constitution initially adopted this principle from the British legal system, which focuses more on the existence of a law rather than its fairness.
Statement 2: False
The case of A.K. Gopalan v. State of Madras (1950) actually upheld the strict interpretation of "Procedure Established by Law" and rejected the American concept of "Due Process of Law." The court stated that any law passed by the legislature would be valid as long as it followed the prescribed procedure, even if the law was arbitrary or unfair.
It was only later, in the Maneka Gandhi v. Union of India case (1978), that the Supreme Court broadened the interpretation of Article 21 and held that the procedure must be "just, fair, and reasonable," thereby incorporating elements of "Due Process of Law."