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6.10.3. Due Process of Law

It implies that law has to be fair and reasonable. If it is not, then it is liable to be struck down even if the prescribed procedure is followed. It is also known as Principle of Natural justice. The constitutional guarantee of due process of law, found in fifth and fourteenth amendment to the US Constitution, prohibits all levels of government from arbitrarily or unfairly depriving individuals of their basic constitutional rights to life, liberty and property. It is because of this principle that the Supreme Court of USA has acquired more powers than Apex Courts in other countries, including India.