DUE PROCESS OF LAW – WITH SPECIAL REFERENCE TO ARTICLE 21 OF THE INDIAN CONSTITUTION

Author – Dr. A. H. HAWALDAR

PRINCIPAL, RAJA LAKHAMGOUDA LAW COLLEGE, BELAGAVI – 590006

Introduction

Law is one of the great civilizing forces in human society, and that the growth of civilization has generally been linked with the gradual development of system of legal rules together with machinery for their regular and effective enforcement. Man is rational and would like to live in the society as social being. State and law are essential conditions to have peaceful and organized society. Therefore whatever may be imperfections and flaws in the law, the law is indispensable. Most of the Democratic Constitutions have been drafted on the principles of Rule of Law and respect for human rights. Rule of Law embodies the doctrine of supremacy of law. As expounded by Dicey, Rule of Law envisages “the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness of prerogative, or even wide discretionary authority on the part of government.”[1] The necessary element of rule of law is that the law must not be arbitrary or irrational and it must satisfy the test of reason.[2] One of the important components of rule of law is the doctrine of due process of common law and fifth and fourteenth Amendment of United States Constitution. The ultimate goal of a legal system is the realization of justice or freedom, which is long and complicated, which plays a vital role in society. Plato and Marx have urged that law is an evil thing which mankind would do well to rid itself.[3]

[1] A.V. Dicey, Introduction to the study of the Law of Constitution, 3rd edn., (London: Macmillan and Co,

1889), p.181.

[2] Bachan Singh v. State of Punjab, AIR 1980 SC 898.

[3] Dennis Lloyod, The Idea of Law, (Landon: Penguin Books, 1991), p.7.

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