DUE PROCESS OF LAW: APPLICATION OF PRINCIPLE OF NATURAL JUSTICE

Abstract

In India, with the introduction of concept of substantive and procedural due process in Article 21 in Maneka Gandhi Vs Union Of India there is growing trend in the judiciary to apply PRINCIPLE OF NATURAL JUSTICE while interpreting statutes. This has often created uproar with the legislature which looks it as undue interference on their sphere by judiciary commonly termed as Judiciary Activism.
Rules of natural justice are not rules embodied always expressly in a statute or in rules framed there under. The principles are deeply engrained in our Constitution and very fundamental for human existence in a civilized society.