Due Process in Administrative Law in India: A Critical Assessment

  • Kajal Prakash Revar
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  • Kajal Prakash Revar

    Student at Thakur Ramnarayan College of Law, Mumbai, India

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Abstract

This paper describes the rights and responsibilities of individuals and organizations when interacting with government agencies. A fair and transparent governance system must be guaranteed. It helps prevent citizens from being taken advantage of by the government and also helps ensure government agencies are following correct procedures and laws. It discusses the importance of due process, its origins, India's transition from procedure established by law to due process of law, the implications of due process in administrative law, and various constitutional provisions and court decisions related to due process. The origins of Due process can be traced back to the Magna Carta, a document signed by King John of England in 1215, in simple words, it says that before any decisions affecting individuals and organizations are made, they must be given the opportunity to be heard. Due process has a significant impact on administrative law. Administrative law is the legal framework that controls a state's interactions with its population. Due process compels governments to observe specific criteria when making decisions that may impact the rights of individuals or organizations. The Indian Constitution and many judicial rulings protect the right to due process. In conclusion, due process in administrative law protects citizens from arbitrary and coercive government action and ensures that individuals have a chance to be heard before decisions that may impact them are made.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 1907 - 1915

DOI: https://doij.org/10.10000/IJLMH.114260

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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