What Is Procedure Established By Law?

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In the intricate tapestry of legal systems, the concept of “Procedure Established by Law” holds significant importance. Often discussed in the context of constitutional law, this phrase encapsulates a fundamental principle that ensures the fair and just administration of justice. Let’s delve into the depths of this legal concept and explore its implications in the realm of jurisprudence.

What Is Procedure Established By Law?

“Procedure Established by Law” is a legal maxim that underscores the necessity for any legal action or process to adhere to established procedures. This principle is especially crucial in the context of a just legal system, emphasizing that no one should be deprived of life, liberty, or property except by due process of law.

The Constitution Connection:

In the context of Indian constitutional law, “Procedure Established by Law” finds explicit mention in Article 21 of the Constitution of India. Article 21 guarantees the right to life and personal liberty, stating that no person shall be deprived of these rights except according to the procedure established by law. This clause acts as a safeguard against arbitrary actions by the state and ensures that any deprivation of fundamental rights follows a fair and just legal process.

Due Process Vs. Procedure Established By Law:

It’s essential to distinguish between “Due Process of Law” and “Procedure Established by Law.” While the former is a broader concept encompassing not only established legal procedures but also the principles of fairness, reasonableness, and justice, the latter focuses primarily on the procedural aspect. In the Indian context, the phrase “Procedure Established by Law” was initially used, but over time, the interpretation has evolved to include the essence of due process, ensuring that the procedure is not just a formality but upholds the principles of justice.

Implications In Legal Proceedings:

The significance of this concept becomes apparent in various legal proceedings, including criminal trials, administrative actions, and even civil disputes. It acts as a safeguard, preventing arbitrary and unjust actions by the state and its agencies. The principle ensures that individuals facing legal consequences have the opportunity to be heard and present their case before any adverse action is taken against them.

Evolution And Interpretation:

The interpretation of “Procedure Established by Law” has evolved over time through judicial decisions. Courts have consistently emphasized that the procedure established must be just, fair, and reasonable. This ensures that the law is not a mere formality but serves the ends of justice.

Conclusion:

In essence, “Procedure Established by Law” is a foundational principle in legal systems, ensuring that legal actions and processes adhere to established norms. While its roots lie in constitutional law, its application permeates various branches of law, guaranteeing that justice is not only served but is seen to be served. As legal systems continue to evolve, the concept of “Procedure Established by Law” remains a cornerstone in upholding the principles of justice, fairness, and the rule of law.

FAQ

What Is Procedure Of Law In India?

Lawmaking procedure in India

  • Government.
  • Constituent power of Parliament.
  • Legislative powers. 3.1 Union List. 3.2 State List. …
  • Nature of people’s mandate.
  • Difference between a Bill and an Act.
  • How a bill becomes an act in Parliament. 6.1 First reading. …
  • Money bill.
  • Ordinances.

Where Is Procedure Established By Law?

The concept has been enshrined in Article 21 of the Indian Constitution, which states that “No person shall be deprived of his life or personal liberty except according to the procedure established by law.”

What Is The Meaning Of Procedure In Law?

Procedural law prescribes the means of enforcing rights or providing redress of wrongs and comprises rules about jurisdiction, pleading and practice, evidence, appeal, execution of judgments, representation of counsel, costs, and other matters.

What Is Procedure Established By Law In Judicial Review?

Principle of Procedure established by law:

Judicial Review is governed by the principle of “Procedure established by law” as given in Article 21 of the Indian Constitution. The law has to pass the test of constitutionality if it qualifies it can be made a law. On the contrary, the court can declare it null and void.

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