Introduction:
The Indian Constitution follows the principle of "procedure established by law" rather than "due process of law" or "fair application of law." This principle is enshrined in Article 21 of the Constitution, which guarantees the right to life and personal liberty.

Procedure Established by Law:
The concept of "procedure established by law" means that as long as a law is duly enacted by the legislature, it is valid and cannot be challenged on the grounds of fairness or reasonableness. The emphasis is on the existence of a valid law rather than on the fairness of its application. This principle gives the government considerable power to regulate the rights and liberties of individuals.

Importance:
The adoption of "procedure established by law" in the Indian Constitution has its historical roots in the British legal system. However, it has been criticized for its potential to infringe upon individual rights and liberties. Critics argue that it does not provide adequate safeguards against arbitrary or unjust laws.

Exceptions:
Although the Indian Constitution primarily follows the principle of "procedure established by law," the Supreme Court of India has interpreted Article 21 in a way that incorporates elements of "due process of law" as well. The court has held that the procedure established by law must be fair, just, and reasonable. This means that the government cannot act arbitrarily or in an unfair manner while implementing a law. The court has also recognized certain fundamental rights as being part of the basic structure of the Constitution, which cannot be violated even by a law enacted by the legislature.

Judicial Activism:
Over the years, the Indian judiciary has played a significant role in interpreting and expanding the scope of Article 21. The Supreme Court has often intervened to protect and uphold the rights and liberties of individuals, even when the government has acted within the procedure established by law. This judicial activism has led to a more balanced approach, ensuring that the fair application of law is upheld, and individual rights are safeguarded.

Conclusion:
While the Indian Constitution primarily follows the principle of "procedure established by law," the interpretation and application of Article 21 by the Supreme Court have incorporated elements of "due process of law" as well. This has provided a more comprehensive framework for protecting individual rights and liberties. The balance between procedure and fairness is crucial in maintaining a just and equitable legal system.