Due process vs Procedure established by law

In India, due process and procedure established by law are two distinct legal concepts that ensure fairness and justice, but they operate differently.

1. **Due Process:**

   - **Definition:** Due process refers to the principle that the government must respect all legal rights owed to a person according to the law.

   - **Application:** It ensures that individuals have the right to a fair trial, legal representation, and protection against arbitrary or unfair government actions.

   - **Example:** In the Indian context, Article 21 of the Constitution guarantees the right to life and personal liberty. The Supreme Court of India has interpreted this to include the right to a fair trial, legal aid, and protection against arbitrary arrest or detention.

2. **Procedure Established by Law:**

   - **Definition:** This concept means that any action taken by the government must follow procedures laid down by law, regardless of whether they are fair or just.

   - **Application:** It focuses on the legality of the procedure rather than its fairness. If a law permits a certain action, it can be carried out even if it seems unfair.

   - **Example:** The controversial Prevention of Terrorism Act (POTA) in India was considered legal and enforceable because it was established by law, despite criticism that it compromised civil liberties.

In essence, due process emphasizes the protection of individual rights and ensures fairness, while procedure established by law focuses on the legality of government actions according to existing laws, even if those laws are deemed unfair or unjust by some.