Abstract

A basic legal concept that assures impartiality and equity in court proceedings is the notion of due process. When robbing someone of their life, liberty, or property, the government must abide by established processes and regulations, which are incorporated in the 5th and 14th Amendments of such United States Constitution. Individuals are guaranteed notice of the allegations against them, a chance to be addressed, as well as a fair and unbiased decision-maker through the use of due process. The theory of due process as it now exists under American law, alongside its relevance and effects on society, will all be discussed in this essay. The notion of due process, which assures impartiality and equity in administrative processes, is a foundational element of administrative law in India. When denying people their rights, privileges, or property, the government must adhere to established processes and rules, as stated in Article 14 of the Indian Constitution. Individuals are guaranteed notice of the allegations against them, a chance to be represented, and just a fair and unbiased decision-maker through the use of due process. The theory of due process under Indian administrative law will be examined in this essay along with its history, contemporary application, relevance, and social effects. It will also look at recent judicial rulings that have reinforced and broadened the safeguards provided by due process laws in administrative hearings. The rights and obligations of people and organisations in dealing with government entities are discussed in this essay. A just and open system of governance must be ensured. It helps ensuring government agencies adhere to proper processes and legal requirements and guards against citizens getting taken advantage of by the state. It covers the significance of due process, its historical development, India's shift from legally prescribed procedure to due process of law, the consequences of due process under administrative law, and other due process-related constitutional clauses and court rulings.

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