Understanding the phrase “procedure established by law” is crucial for anyone navigating legal systems, especially in India. This phrase, often encountered in legal documents and discussions, essentially refers to the principle that any action taken by the state against an individual must be in accordance with a pre-defined legal process. This ensures fairness and prevents arbitrary actions. This article delves into the meaning of “procedure established by law meaning in hindi,” its significance in the Indian context, and related concepts.
What Does “Procedure Established by Law” Mean in the Indian Context?
“Procedure established by law” emphasizes that the government’s actions must adhere to the legal procedures outlined in the relevant statutes. This principle safeguards individual rights by ensuring that any deprivation of life, liberty, or property is done lawfully and with due process. It contrasts with the “due process of law” concept prevalent in some other legal systems, which provides broader protection against arbitrary government action.
The Indian Constitution, specifically Article 21, incorporates the “procedure established by law” principle. This means any law restricting an individual’s fundamental rights must be reasonable, just, and fair, and the procedure followed must be in accordance with the established legal framework.
Key Differences Between “Procedure Established by Law” and “Due Process of Law”
While both concepts aim to protect individual rights, they differ significantly. “Due process of law” requires not only adherence to established procedures but also ensures those procedures are fair, just, and reasonable. “Procedure established by law,” as implemented in India, primarily focuses on the legality of the procedure, not necessarily its substantive fairness.
Understanding Related Legal Concepts in Hindi
Several Hindi terms capture aspects of legal procedures and rights. For instance, “vidhivat” (विधिवत) means “duly,” “properly,” or “according to law,” reflecting the importance of following prescribed procedures. Similarly, “tasdik” (तस्दीक) signifies “confirmation” or “verification,” highlighting the need for validation within legal processes. Understanding these terms helps grasp the nuances of Indian legal discourse. vidhivat meaning in hindi
How is “Procedure Established by Law” Applied in Practice?
The application of “procedure established by law” can be seen in various legal scenarios. For example, if the government wants to acquire land for a public purpose, it must follow the procedure outlined in the Land Acquisition Act. Any deviation from this established procedure can be challenged in court.
What are the implications of not following “Procedure Established by Law”?
Failure to adhere to “procedure established by law” can render government actions illegal and void. This can lead to legal challenges and the restoration of violated rights. For example, a “non-conformance,” or “अनुपालन” in Hindi, with established legal procedures during a criminal investigation can lead to the dismissal of charges. non conformance meaning in hindi
Expert Insights on “Procedure Established by Law”
Advocate Anika Sharma, a constitutional law expert, explains: “Procedure established by law forms the backbone of a just legal system. It ensures accountability and prevents misuse of power.” Justice Ramesh Chandra, a retired Supreme Court judge, adds: “While this principle offers significant protection, there is a continuous debate about its limitations compared to due process of law.”
Conclusion
Understanding “procedure established by law meaning in hindi” is essential for navigating the Indian legal landscape. While it ensures government actions are based on legal authority, it’s important to recognize its distinctions from “due process of law” and its potential implications for individual rights.
FAQ
- What is the core principle of “procedure established by law”? The core principle is that the state’s actions must adhere to pre-defined legal procedures.
- Where is “procedure established by law” mentioned in the Indian Constitution? Article 21 of the Indian Constitution embodies this principle.
- How does “procedure established by law” differ from “due process of law”? “Due process” also considers the fairness and reasonableness of the law itself, while “procedure established by law” primarily focuses on adherence to the established legal process.
- What are the consequences of violating “procedure established by law”? Government actions violating this principle can be declared illegal and void.
- Why is understanding “procedure established by law” important in India? It helps individuals understand their rights and the limitations on state power.
- What is the Hindi equivalent of “procedure established by law”? A direct equivalent doesn’t exist, but the concept is reflected in terms like “vidhivat” (विधिवत), meaning “according to law.”
- Can “procedure established by law” be challenged in court? Yes, if the procedure itself or its application is deemed unjust or unreasonable. under regulation meaning in hindi bulldozing meaning in hindi tasdik meaning in hindi
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