The principle of 'procedure established by law', used in the Indian Constitution for the protection of life and personal liberty, was taken from the constitution of:

The principle of "procedure established by law", used in the Indian Constitution for the protection of life and personal liberty, was taken from the Constitution of Japan (1947).

What the principle means:

It means that a person can be deprived of his or her life or personal liberty only according to a procedure laid down by a law that has been validly passed by the legislature.

Under a strict reading of this principle, the courts would only check whether the law was properly made and whether the procedure laid down in it was followed; they would not examine whether the law itself was fair or reasonable.

"Due process of law" (USA):

• The US Constitution uses the principle of "due process of law".
• Under this principle, the courts can examine not only whether the procedure was followed, but also whether the law itself is fair, just and reasonable.

Why the Constituent Assembly chose "procedure established by law":

• The makers of the Constitution were advised that the American "due process" clause had given too much power to the courts, which had sometimes struck down social and economic legislation.
• They wanted to give Parliament more freedom to make laws for social reform.
• The Japanese Constitution, drafted after the Second World War, used the phrase "procedure established by law", and the Constituent Assembly adopted it.

Later developments in India:

• In the Maneka Gandhi case (1978), the Supreme Court held that the procedure established by law must be "fair, just and reasonable", and not arbitrary.
• This judgment brought the Indian position close to the American principle of "due process", and greatly expanded the scope of the right to life and personal liberty.

Why not the other options?

• ✗The USA uses the principle of "due process of law"; Britain and Ireland were not the source of this principle.