According to the present section procedure is held sacrosanct whereas the word ‘law’ really connotes both procedural law as well as substantive law. I have used the word ‘law’ in the general sense. Though these words “without due process of law” which are sought to be substituted for the words in the section have not been defined anywhere, their meanings and implications should be understood fully. By using these words “without due process of law” we want that the courts may be authorised to go into the question of the substantive law as well as procedural law. When an enactment is enacted, according to the amendment now proposed to be passed by this House, the courts will have the right to go into the question whether a particular law enacted by parliament is just or not, whether it is good or not, whether as a matter of fact it protects the liberties of the people or not. If the Supreme Court comes to the conclusion that it is unconstitutional, that the law is unreasonable or unjust, then in that case the courts will hold the law to be such and that law will not have any further effect.
