Civil Services Prep

Prelims 2023 · Polity and Constitution · Question 11

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

  1. The principle of natural justice
  2. The procedure established by law
  3. Fair application of law
  4. Equality before law

Answer

The principle of natural justice

  • (a) The principle of natural justice — In UPSC-style constitutional usage, due process of law is taken to mean fairness, reasonableness and protection against arbitrary state action, which is closest to natural justice. Correct.
  • (b) The procedure established by law — This is a distinct doctrine; it only requires a validly enacted law and is contrasted with due process. Incorrect.
  • (c) Fair application of law — This captures part of the idea, but it is not the standard doctrinal expression UPSC expects here. Not the best answer.
  • (d) Equality before law — This is a separate constitutional guarantee under Article 14. Incorrect.
  1. Mr. X, a senior officer, was overseeing a critical vaccination programme during a pandemic. He found that a…
  2. Ms. X is a mid-level civil service official working in the urban development department of a major city.…
  3. X' was addressing a seminar on the meaning of the term 'law' as provided under Article 13, Part III of the…
  4. Consider the following statements with reference to the Constitution of India : 1. There is no Article in the…
  5. Consider the following statements about the provisions pertaining to the Scheduled Castes and the Scheduled…
  6. Consider the following statements in respect of questions asked by the Members in the Parliament of India : 1.…