Article 21 uses the phrase 'procedure established by law' rather than 'due process'; however, the Supreme Court in Maneka Gandhi held that the procedure must be fair, just and reasonable, effectively importing substantive due process into Article 21.
Explanation
Application examples
Scenario
A state government issues an order that all street vendors in a district must vacate their stalls within 24 hours or face arrest, with no written notice beforehand, no hearing, and no specification of where they should relocate. The vendors challenge this as violation of Article 21.
Analysis
This situation fails multiple elements of fair procedure. First, the procedure is not clearly 'established by law'—there is no statute or even a published government rule that vendors had prior notice of; instead, an ad-hoc order created the rule. Second, there is no opportunity to be heard; vendors were given no chance to respond or explain their circumstances. Third, the procedure is disproportionate (24 hours is unreasonably short for displacement affecting livelihood). Fourth, there is no rational connection shown between the drastic means and any legitimate objective (environmental cleanup, perhaps, but this is not explained). The requirement of fairness demands that the State justify the procedure's necessity and proportionality.
Outcome
The order is unconstitutional and can be quashed. The State would need to issue a properly notified regulation, give vendors a reasonable period and an opportunity to apply for relocation assistance, and explain the objective in ways that are proportionate to the burden imposed. This illustrates that 'procedure established by law' now means 'fair, just and reasonable procedure established by law'.
Scenario
A university issues an admission procedure that requires applicants to submit documents by a certain date. A student misses the deadline because of a family emergency and submits one day late. The university rejects the application without considering the application on merits or offering any avenue for appeal or explanation.
Analysis
Here, a procedure was established by law (the admission deadline was publicly notified). However, the application of that procedure was unreasonable because it allowed no flexibility, no opportunity to be heard (the student could not explain the emergency), and no proportionality (one day's lateness was treated as absolute disqualification). The procedure exists, but its rigid application without fairness violates Article 21 as interpreted. Courts would likely order that the student be given a hearing and that the university exercise discretion reasonably.
Outcome
The rejection can be set aside and the application must be reconsidered with an opportunity for the student to explain the delay. This demonstrates that procedural fairness includes not just the existence of a rule but also its reasonable and equitable application in light of individual circumstances.
Scenario
A law criminalises 'anti-national activity' but does not define this term. A journalist is arrested under this law for publishing an article critical of government policy. The journalist's lawyer argues the law violates Article 21 because the procedure for determining who is 'anti-national' is too vague.
Analysis
Although a procedure (arrest followed by trial) existed, the underlying law is so vague that no fair procedure can operate. A person cannot be expected to know in advance what conduct is forbidden, and therefore cannot fairly defend themselves or modify their conduct. The vagueness of the law itself makes any procedure derived from it inherently unfair, because the 'procedure' becomes a tool for arbitrary application rather than the enforcement of a knowable rule. This is substantive unfairness embedded in the law itself.
Outcome
The law would be struck down as unconstitutional because it fails the fairness requirement of Article 21. Even a perfectly applied procedure cannot salvage a law that is fundamentally arbitrary in its scope. This shows that Article 21 scrutiny extends beyond procedural regularity to the rationality and certainty of the law itself.
How CLAT tests this
- The question presents a situation where a procedure exists and was followed, but the underlying law is arbitrary or vague. Students incorrectly assume that if a procedure was followed, Article 21 is satisfied, missing that the law itself must be reasonable and knowable in advance.
- The examiner describes a law that is fair on paper but shows that in practice it was applied selectively or with bias. Students assume that Article 21 is violated only if the law itself is bad, not recognising that discriminatory application without justification is also a procedural violation (connects to Article 14).
- A question conflates 'procedure established by law' with 'natural justice'. Students think that because natural justice was not followed in a particular hearing, Article 21 is violated, but the real issue is whether the law itself required natural justice and whether deviation was justified.
- The facts show that a government issued a new procedure retroactively after taking an action. Students fail to recognise that Article 21 requires the procedure to be established in advance so citizens know the rules before they act; a procedure invented after the fact is not a valid 'procedure established by law'.
- A question introduces a scenario involving economic rights (taxation, business regulation) and asks if Article 21 is violated. Students treat all deprivations of 'liberty' (including economic liberty) as requiring strict fairness under Article 21, forgetting that economic regulations receive more lenient scrutiny and that 'life and liberty' in Article 21 refers primarily to civil and political rights, not unlimited economic freedom.