Evolving interpretation of due process in criminal justice in India

Abstract

The concept of due process in Indian criminal justice has evolved significantly since the adoption of the Constitution. Rooted in Articles 21 and 22, the principle ensures that personal liberty is not deprived arbitrarily and that all legal processes are fair, just, and reasonable. Through landmark judicial pronouncements such as Maneka Gandhi v. Union of India (1978), Kharak Singh v. State of Uttar Pradesh (1964), Vishaka v. State of Rajasthan (1997), and recent cases including Shayara Bano v. Union of India (2017) and Navtej Singh Johar v. Union of India (2018), the Indian judiciary has expanded the notion of due process to encompass privacy, equality, dignity, and protection against arbitrary action. This study examines the historical evolution, judicial interpretation, and contemporary application of due process in India's criminal justice system, highlighting the dynamic role of the judiciary in safeguarding individual rights.