INTRODUCTION
In olden times, people were not well aware of their fundamental rights and did not know how to seek remedies if such rights were infringed. But in modern times, the concept of due process of law seems to be a natural and only human approach. Now, people are well aware of their fundamental rights and can seek remedies if such requests are infringed.
MEANING OF DUE PROCESS OF LAW
Due process of law means that while trying an individual, he will be granted all his fundamental rights. To put it more clearly, any person who commits a criminal, civil, or administrative wrong shall be entitled to all the processes that are due to him by law, e.g. right to a fair trial, right to counsel, etc., before the final verdict is passed against him by a competitive tribunal.
HISTORICAL BACKGROUND
The concept of due process of law is not new; even before the Bill of Rights, Magna Carta 1215 had provisions of due process of law. Chapter No. 29 of Magna Carta 1215 states;
“No free man shall be taken or imprisoned or deprived of his liberties, except by a legal Judgment of his peers or by law of the land.”
14TH AMENDMENT IN THE U.S. CONSTITUTION
Although the Bill of Rights guarantees the individual’s freedom, the 14th Amendment was introduced for the following reasons.
First Reason:
Firstly, the Bill of Rights applies to the national government.
Second Reason:
The framers had thought that such rights were inherent in the U.S. Constitution. This was due to the preservation of the following.
(a) Doctrine of Separation of Powers
(b) Bill of Attainder
(c) Habeas corpus petition
Third Reason:
All the states had a bill of rights in their Constitution.
Fourth Reason:
The Constitution puts a restriction on the congress. Thus, it was thought that an individual’s fundamental right need not be expressly provided for in the Constitution.
EXPLANATION OF 14th AMENDMENT
The phrase “Due process of law prohibits the government from depriving any person of life, liberty, or property without the due process of law.
(a) Person:
Person includes both natural and artificial, such as corporations and incorporated associations.
(b) Deprivation of Life:
It means capital punishment.
(c) Deprivation of Liberty:
It means only physical restraint.
(d) Deprivation of Property:
The property has acquired a very vast meaning over the years; It includes the usurpation of movable and immovable property and restrictions on contracts, marriages, jobs, etc. This deprivation occurs in cases of non-payment of fines and damages.
INCORPORATION OF THE DOCTRINE
Due process of law has developed into two separate limits on unreasonable governmental actions.
(i) Procedural Due Process:
The due process clauses of the 5th and 14th Amendments guarantee the minimum requirements of notice and a hearing, primarily if the deprivation of a significant life, liberty, or property interest may occur.
(ii) Substantive Due Process:
The doctrine of due process clauses of the 5 and 14 Amendments required legislation to be fair and reasonable in content and to further legitimate government objects. Substantive due process of law involves issues concerning the fairness of legislation that defines rights and duties. The substantive due process doctrine allows a court to declare a statute unconstitutional if the rule fails to provide due process.
(iii) Economic Substantive Due Process:
The doctrine that specific political policies, such as the freedom of control or the right to enjoy property without interference by government regulation, exist in the due process clause of the 14 Amendment. Particularly the words “liberty” and “property”.
CONCEPT OF FOUR FREEDOMS/RIGHTS
USA constitutional and democratic evolution has given too much strength to the theory of the due process of law and saved the following rights from the government’s oppressive actions.
(i) Right to Life
(ii) Right to liberty
(iii) Right to property
(iv) Right to equal protection of the law
PURPOSE OF DUE PROCESS OF LAW
The purposes of due process of law are as follows;
(a) To maintain a fundamental level of fairness in all trial procedures.
(b) To prevent the predetermined outcome of trials as occurred when American columnists appeared before the judges of the English Crown.
(c) To have unbiased and reasonable outcomes of trials.
APPLICATION OF DUE PROCESS
Due process applies to all civil, criminal, and administrative procedures. It restricts only the state government. Not to private individuals. Thus, through this, extensive protection is given to criminal cases.
4th AMENDMENT IN U.S.A CONSTITUTION
It protects against unreasonable and unwarrantable forms of due process.
SUPREME COURT AND DUE PROCESS
Supreme Court has widened its scope. It has decided many cases about due process of law.
CONCLUSION
The due process of law applies to various cases in any tribunal. It prohibits federal and state governments from depriving any person of life, liberty, or property without due process of law.
FAQs
No state shall make or enforce any law which shall abridge un privileges or immunities of the citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due powers of law, nor deny any person within its jurisdiction the equal protection of the law, argue the statement in the light of U.S. Constitution.
(2019-A)
Write a comprehensive note on Due Process of Law under the U.S. Constitution.
(2017-S)
Discuss the concept of four freedoms as enshrined and protected under the U.S. Constitution.
(2015-S)
