The concept of ‘Due Process of Law’ is taken from which country’s Constitution?
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A.
USA
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B.
UK
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C.
France
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D.
Canada
Correct Answer:
A. USA
Explanation:
The concept of ‘Due Process of Law’ is a legal principle ensuring that the government respects all legal rights owed to a person, balancing the power of law and the individual. While the Indian Constitution originally used the phrase ‘procedure established by law’ in Article 21, the judiciary has increasingly interpreted it to include the substantive and procedural fairness associated with ‘Due Process.’ Historically, this specific terminology and its modern constitutional application were primarily adapted from the United States Constitution, specifically the Fifth and Fourteenth Amendments. Although the concept has roots in the English Magna Carta, the U.S. was the first to formally enshrine the exact phrase ‘due process of law’ into a written national constitution to safeguard individual liberties against arbitrary state action. Therefore, the concept as used in modern constitutional law is taken from the USA.
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