India has legacy of its institutional experiences from its past political systems. Indian political thinkers have commented on the political obedience India has shown towards various political systems like monarchy, colonialism and democracy but fortunately Post - independence period adopted democracy which has experiences of British colonial rule. Magna Carta 1215 gave direction to many countries of the world like United States of America India etc. to adopt Due process of law which lays the foundation of the principle of rule of law. Post colonial thinkers have drawn our attention towards the nature of law and order which India has adopted from British rule. Although India has established law and order system keeping rule of law in mind, there is still lacunae in practical application of laws which can be seen by the role by police in handling law and order in India. And similar experiences are shared by American political thinkers who comment that Due process of law adopted after Civil War in America is losing its meaning by the misuse of power at the hands of police. This reveals misuse of rule of law in US as well as India but also parliamentary interference into judicial matters. This happens because police is a state subject and has been given powers to control law and order by the state. Due to poor criminal justice system India fails to give real meaning to the due process of law which was adopted from British system. US multicultural society experiences population from Africa, Asia, Middle East etc. Most of the immigrants are facing fake encounters and cruelty through strict police investigations in the name of crime control in US. It needs to be checked and both societies must together as largest democracies of the world must re-interpret the Due Process of law.