International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

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Failure of Due Process and Rise of Mobocracy in India

Author(s) Ms. ARCHITA TIWARI
Country India
Abstract The increasing incidence of mob lynching and collective violence in India reflects a disturbing erosion of faith in the rule of law and the institutions responsible for administering justice. The phenomenon, often described as “mobocracy,” signifies a situation where groups of individuals assume the role of law enforcers, bypassing established legal procedures and constitutional safeguards. This research paper critically examines the failure of due process and its contribution to the rise of mob-driven justice in India. It analyses how delays in judicial proceedings, ineffective policing, lack of prompt accountability, and socio-political manipulation have collectively weakened public confidence in formal legal mechanisms. The study further explores the constitutional implications of mobocracy, particularly in relation to the right to life, presumption of innocence, and equality before law. By examining judicial responses, including landmark Supreme Court interventions, and assessing existing criminal laws, the paper highlights significant gaps in both prevention and enforcement. The research also considers the role of misinformation, identity-based hatred, and political narratives in mobilizing mobs and normalizing extra-legal punishment. Through doctrinal and analytical methods, this paper argues that mobocracy is not merely a law-and-order issue but a systemic failure of governance and constitutional morality. The study concludes by emphasizing the urgent need for comprehensive legal reforms, effective implementation of judicial guidelines, and restoration of public trust in due process to counter the growing culture of vigilantism and uphold democratic values.
Keywords Due Process, Mobocracy, law enforcement agencies, role of mob, constitutional implication
Published In Volume 8, Issue 1, January-February 2026
Published On 2026-01-23
DOI https://doi.org/10.36948/ijfmr.2026.v08i01.67228
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E-ISSN 2582-2160
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