UPSC Prelims 2023 · GS Paper I
Question 31: Polity and Governance
In essence, what does 'Due Process of Law' mean?
AnswerUPSC’s answer is (a).
'Due process of law' in essence means that a law must itself be fair, just and reasonable, and that its procedure must follow natural justice: a fair hearing and an unbiased decision-maker. It is the American concept and goes beyond the Indian text of Article 21, 'procedure established by law', which only needs a valid law and its procedure to be followed. After the Maneka Gandhi case (1978), the Supreme Court read fairness and reasonableness into Article 21, bringing India close to due process.
Why each option is right or wrong
- (a) Correct: due process is at root the principle of natural justice.
- (b) 'Procedure established by law' is the narrower phrase in Article 21.
- (c) Fair application of law is only part of it; due process also tests the law itself.
- (d) Equality before law is a separate right, in Article 14.
Answer: UPSC’s key. Explanation: written by UPSC Grade, not by UPSC.
Source: UPSC, Civil Services (Preliminary) Examination 2023, General Studies Paper I, Series A. The paper on upsc.gov.in.