Due Process of Law/
by Abhinav Chandrachud
- Lucknow: Eastern Book Company, 2011
- 249p. 23cm.
1. Introduction 2. Meaning of Substantive Due Process 3. Due Process of Law and the Constituent Assembly of India 4. The Early Year 5. The Birth of Procedural Due Process 6. Substantive Due Process 7. Conclusion
The book discusses the interesting and chequered history of "due process of law" from the emphatic denial of "due process" in A.K. Gopalan v. State of Madras to its acceptance in Maneka Gandhi v. Union of India. The author also explains the scope and applicability of the due process doctrine in regard to executive and legislative actions. He identifies its effective application in three spheres of Indian constitutional law: i) articulation of basic structure doctrine; ii) application of arbitrariness test derived from Article 14; and iii) recognition and creation of several unenumerated rights relating to life and personal liberty. The elusive nature of due process as explained by Frankfurter J, has also been analysed.