INCORPORATION OF DUE PROCESS OF LAW IN INDIA: AN EVOLUTION THROUGH THE GATE OF CONSTITUTIONAL SILENCES.
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Abstract
The article explores how the idea of "Due Process of Law" has changed throughout India's constitutional history. The Indian Constitution does not include the phrase "Due Process of Law" specifically, but its underlying principles have progressively come to light through a number of court interpretations and developing legal theories.
The analysis begins by examining the Indian Constitution's lack of the phrase "Due Process" and the justifications for choosing a more specific "Procedure Established by Law" provision. It investigates the constitutional omissions that have permitted the judiciary to interpret and apply the rules of due process to uphold individuals' rights to fundamental freedoms and safeguard them against arbitrary state actions. The following section of the essay examines significant instances and court rulings that have helped the Indian legal system incorporate due process ideas. It demonstrates how the judiciary's active engagement has broadened the definition of "Procedure Established by Law" to include real justice and fairness, ensuring that constitutional protections are not just formalities but actual safeguarding of rights.
The study also looks at how integrating due process concepts will affect government, the legal system, and the defense of human rights in India. It examines how the expanding definition of due process has improved governmental accountability and justice, advancing the rule of law and strengthening the credibility of the judiciary. In conclusion, this paper presents a comprehensive analysis of the incorporation of due process of law in India, emphasizing its development through the gate of constitutional silences. It recognizes the vital role played by the judiciary in shaping and expanding the concept to protect the rights and liberties of the citizens in the absence of an explicit constitutional provision. The research contributes to a deeper understanding of the evolution of due process principles and their significance in upholding the values enshrined in the Indian Constitution.
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References
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