What is Procedure Established by Law?

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What is Procedure Established by Law

Procedure Established by Law is a legal concept that guarantees that the government follows the right steps when taking away someone’s Fundamental Rights like life and freedom. Furthermore, it means there must be a proper law allowing these actions, and the government must follow the steps exactly as the law says. Thus, the Procedure protects people from losing their rights unfairly or without a good reason.

Where has the Procedure Established by Law taken from?

In the Indian Constitution, the Procedure Established by Law has been taken from the Constitution of Japan(Article 31) after the 2nd World War. However, some believe that it is similar to the Due Process of Law that is followed in England. It states that all citizens are legally protected and are subject to fair treatment. 

Also Read: Sources of Indian Constitution

What is Procedure Established by Law in India?

The Procedure in India is found within Article 21 of the Indian Constitution. The Article which is for the Protection of Life and Personal Liberty states that “No person shall be deprived of his life or personal liberty except according to procedure established by law.” 

  • Additionally, this means that the Government must follow specific legal steps before taking away someone’s life or freedom. 
  • The High Courts and Supreme Court are very important in making sure this is followed. In addition, they check:
    • If there is a law allowing such actions.
    • Moreover, if the government had the right to make that law.
    • If all the right steps were taken when making the law.

Notably, the Procedure Established by Law makes sure there is a legal justification for taking away a person’s rights. Although, it does not promise that the process will be fair. On the other hand, this is where the Due Process of Law comes in. This goes beyond just following set laws and concentrates on making sure the whole process is fair as well as reasonable.

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What does Rule of Law mean?Features of Democracy in India
What is Universal Adult Franchise?What are Fundamental Rights?

I hope this blog answers your query on What is Procedure Established by Law. Moreover, you may even read more blogs and empower yourself with knowledge regarding Civics and Polity!

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