Thursday, February 19, 2015

Due Process of Law - Maneka Gandhi Case

Any case other than menaka case where judiciary laid emphasis on due process of law? And what is impact of due process clause on law making now?
Maneka Gandhi case is a landmark one.. It still holds ground and has been reiterated in many number of cases later also by the Courts. It still holds it strong footing.
There is a basic difference between procedure established by law and due process of law which was distinguished by the courts in Maneka Gandhi''s case.
Maneka Gandhi Case struck down Section 10 of the Passport Act (if I remember the section very correctly)
Supreme Court in Maneka case also said that right to life also includes right to livelihood, shelter etc. But still there are many instances where housing is still not available to many.
Right to Shelter was propounded as an inherent right under Article 21..
Is there any difference between principle of natural justice (PNJ & DPL) and due process law?
Principles of Natural Justice and Due process of law are almost analogous to each other far diffcult to distinguish them.
So can someone approach sc regarding this issue?
Theoretically yes, they can approach the SC. as a violation of FR

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