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Prelims 2023 paper

UPSC CSE Prelims 2023 · Question 31 · Fundamental Rights, DPSP & Duties

In essence, what does ‘Due Process of Law’ mean?

Prelims 2023 · Q31

Fundamental Rights, DPSP & Duties Medium

In essence, what does ‘Due Process of Law’ mean?

Answer & explanation

Answer: (a) The principle of natural justice

'Due process of law', borrowed from the US Constitution, lets courts ask not only whether a law was properly made but whether the law itself is fair, just and reasonable. At its core it is the principle of natural justice: no one is condemned unheard and no one judges their own cause.

  • ✓ (a) Due process asks whether a law and its procedure are fair, not only whether it was properly made. In Maneka Gandhi (1978) the Supreme Court held that the Article 21 procedure must be right, just and fair, and that natural justice, such as a fair hearing, is part of that fairness.
  • ✗ (b) 'Procedure established by law' is the narrower phrase actually used in Article 21: it asks only whether a validly enacted law was followed, which is why the framers preferred it to due process.
  • ✗ (d) Equality before law is a separate guarantee under Article 14, not the meaning of due process.

Remember · Article 21 says 'procedure established by law'; courts have read in 'due process' (fair, just, reasonable; natural justice) since Maneka Gandhi v. Union of India (1978).

📘 Read it in NCERT: Class 11 Indian Constitution at Work, Ch 2 (practise this chapter)

Sources

Question and answer: UPSC's official GS Paper I (2023, Series A) — paper ↗ · answer key ↗. Explanation: Minimalist IAS, checked 30 Sept 2026 (how we verify). ·

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