Substantial Due Process and Procedural Due Process in Indian Legal System- Dimension of Judicial Review in India

Abstract

The Supreme Court of India which is the apex court of the land over the time shifts from ‘Procedure established by law’ concept to the ‘Due process’ concept. Though, it shaped over a long history of Constitutional interpretation. The two major aspects of ‘Due process’ concept viz. ‘Procedural Due Process’ and ‘Substantial Due Process’ is also relevant in Indian judicial approach and up to a great extent Indian courts travelled and assimilated the ‘Substantial Due Process’ concept which is closely connected with the judicial approach of USA courts which judicial interpretation opens a huge area of judicial activity where the judiciary tries to consider enactments from a broader concept