The term 'Due Process of Law' primarily pertains to the fair, proper, and orderly legal proceedings necessary to ensure that a defendant is treated justly. Each of the options provided touches on aspects related to legal proceedings and justice, yet they capture different facets of legal rights and procedural protections. Let's examine each to determine which most accurately encapsulates the meaning of 'Due Process of Law':

Option A: The principle of natural justice

The principles of natural justice generally include basic rights such as the right to a fair hearing, the right to be judged by an impartial tribunal, and the rules against bias. These principles are closely related to due process but are more foundational and broad, applicable both in and outside of formal law.

Option B: The procedure established by law

This phrase is often contrasted with 'due process of law'. 'Procedure established by law' means a process that is properly enacted by legislature and followed in cases. It focuses on the legality of the procedure rather than its fairness or justice content. This option is closely related but does not completely convey the fairness and equity component integral to due process.

Option C: Fair application of law

This directly addresses the fairness aspect inherent in due process. Due process involves applying laws in a manner that is just and non-prejudicial, ensuring that a person's rights are not violated through the legal procedure. This option is closely aligned with the concept of 'substantive due process' which ensures that the rights of individuals are preserved in the content of the laws themselves, not just the procedures.

Option D: Equality before law

While equality before the law is an essential aspect of justice and fairness, meaning that no person should be discriminated against by the laws, it specifically pertains to the equal application of laws, rather than the procedures and qualitative methods by which those laws are enforced or administered. It's a component of legal fairness but does not encompass the broader procedural fairness implied by due process.

Based on the above analysis, Option C: Fair application of law best captures the essence of 'Due Process of Law' as it emphasizes the fairness in the application of laws, which is central to the concept of due process.

Union and Its Territory · Indian Polity and Governance · UPSC Civil Service

MCQ (Single Correct Answer)