MasteryExams
Indian Polity • ConstitutionHard

The concept of 'Due Process of Law', which provides wider judicial scrutiny over legislative enactments compared to 'Procedure Established by Law', is a prominent feature of the constitutional system of which country?

A. United Kingdom
B. United States of America✓ Correct Answer
C. Australia
D. Canada

💡 Solution & Explanation

The concept of due process of law originates from the Fifth and Fourteenth Amendments of the Constitution of the United States of America, granting courts the power to review both procedural and substantive fairness of laws. In contrast, Article 21 of the Indian Constitution historically adopted the British principle of procedure established by law before judicial interpretations progressively incorporated due process elements. For competitive exams, recall that the Gopalan case initially upheld procedure established by law, which was later expanded by the Maneka Gandhi case.

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