Procedure Established by Law vs. Due Process of Law - UPSC Polity notes

Procedure Established by Law vs. Due Process of Law Introduction The concepts of Procedure Established by Law and Due Process of Law are crucial in understanding the legal framework of different democratic countries. These doctrines define how the law interacts with individual rights, particularly in matters of justice and fundamental freedoms. While India follows the principle of Procedure Established by Law , the United States follows Due Process of Law . Let us understand these concepts with simple examples and their significance for UPSC preparation. What is Procedure Established by Law? It means that if a law is made correctly by the government, it must be followed, even if it is unfair or unreasonable . Courts can only check whether the law was made properly, not whether it is fair. ✅ Example: Your school principal makes a rule: "If a student comes late, they will be suspended for a week." This rule was made following proper procedure, so it must be followed. Even if it is too st…