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‘Procedure established by Law’ is taken from Constitution of
Britain
USA
Australia
Japan
Procedure established by Law’ is taken from Constitution of Japan. The term “procedure established by law” is used directly in the Indian constitution. It means that a law that is duly enacted by legislature or the concerned body is valid if it has followed the correct procedure. Following this doctrine means that, a person can be deprived of his life or personal liberty according to the procedure established by law. So, if Parliament pass a law, then the life or personal liberty of a person can be taken off according to the provisions and procedures of the that law. This doctrine has a major flaw. What is it? It does not seek whether the laws made by Parliament is fair, just and not arbitrary. “Procedure established by law” means a law duly enacted is valid even if it’s contrary to principles of justice and equity. Strictly following procedure established by law may raise the risk of compromise to life and personal liberty of individuals due to unjust laws made by the law making authorities. It is to avoid this situation, SC stressed the importance of due process of law.
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