Archive · 17 Nov 2025
India's Legal System: From Due Process to Procedure
Imagine India's constitution is like a promise to protect everyone's basic freedoms, like the right to live freely and speak your mind.
There was a big court case a long time ago that said any law made must be fair and reasonable, not just follow steps.
But lately, it feels like the government is using laws that only follow the steps, without making sure they are fair.
This means people might not be able to speak out or protest as much.
Laws meant for big security threats are sometimes used against people who disagree with the government.
This makes people feel less free, and it's like democracy is just going through the motions without the real spirit of fairness.
Article 21 of the Indian Constitution guarantees the right to life and personal liberty.
The Maneka Gandhi case (1978) introduced the 'due process' principle, requiring laws to be just, fair, and reasonable.
There's been a shift back to 'procedure laid down by law,' where adherence to parliamentary process is prioritized over fairness.
Laws like the NSA and UAPA are allegedly used to suppress dissent and political opposition, not just for security.
India's 'Voice and Accountability' score has declined, indicating reduced tolerance for dissent.
- Who
- Citizens, activists, students, and academics in India, and the Indian state/government.
- What
- A shift in India's legal interpretation from 'due process' to 'procedure laid down by law,' leading to the curbing of fundamental rights and suppression of dissent.
- When
- The shift has become more pronounced over the past decade, particularly since 2014, with roots in earlier legal interpretations.
- Where
- India
- Why
- The government cites national security, public order, and adherence to parliamentary procedures as reasons for its actions, while critics argue it's a means to suppress dissent and maintain political power.
Citizens and Activists
Government
Interpretation of Article 21
Citizens and Activists
Advocates for 'due process', emphasizing fairness, justice, and reasonableness in laws, as established in the Maneka Gandhi case.
Government
Relies on 'procedure laid down by law', where actions are considered legitimate if they follow established legal procedures, regardless of fairness.
Application of Security Laws
Citizens and Activists
Argues that laws like NSA and UAPA are misused to suppress dissent and political opposition, rather than combatting terrorism.
Government
Justifies the use of security laws for maintaining national security and public order, citing procedural compliance.
Impact on Freedoms
Citizens and Activists
Expresses concern over the erosion of fundamental rights, citing examples like internet shutdowns and arbitrary detentions as evidence of authoritarianism.
Government
Maintains that actions are legal and procedural, suggesting that the focus is on maintaining order and compliance with established laws.
- Constitutional Provision
- Article 21: Right to life and personal liberty
- Landmark Case
- Maneka Gandhi v. Union of India (1978)
- Legal Principles
- Due Process vs. Procedure laid down by law
- Laws Used
- National Security Act (NSA), Unlawful Activities (Prevention) Act (UAPA), Citizenship (Amendment) Act (CAA)
- World Governance Indicators (WGI)
- India slid from 61.5% to 51.47% on Voice and Accountability (2013-2023)
- Recent Arrest Example
- Sonam Wangchuk, Ladakhi climate activist (under NSA)