Article 21 of the Indian Constitution allows deprivation of life or personal liberty only through “procedure established by law.” Over time, courts expanded this meaning, especially after the 1978 Maneka Gandhi judgment, bringing fairness and non-arbitrariness into India’s constitutional doctrine.

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• Article 21 uses “procedure established by law,” limiting review to enacted procedures.
•  Doctrine originally allowed state action even if procedures unfair.
•  “Due process” checks both presence of law and fairness of that law.
•  US Constitution embeds due process in 5th and 14th Amendments.
•  Indian framers rejected due process fearing judicial overreach.
•  Supreme Court later read fairness into Article 21 through interpretation.
•  Maneka Gandhi case made procedure “just, fair, non-arbitrary.”
•  Judiciary now tests laws on fairness, forming hybrid doctrine.
•  Due process idea revived in modern rulings to protect liberty.
•  Current interpretation: Procedure Established by Law + Fairness test.