Procedure Established by Law & Due Process of Law Flashcards
1
Q
about procedure established by law
A
- law is valid if the procedure to establish it has been correctly followed -> mhnje ithe procedure cha importance jaast ahe.
- The Judiciary would assess whether the Legislature is competent to frame the law and whether it had followed the procedure laid down to legislate and would not assess the intent of the said law
- has narrow scope compared to due process of law as it does not question whether the law concerned is contrary to principles of justice and equity
2
Q
About due process of law
A
- checks whether any law in question is fair and not arbitrary -> ANY LAW
- SC can declare any law as not fair.This doctrine provides for more fair treatment of individual rights
