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Consider the following statements.
1. The 'Procedure established by law' gives wide scope to the Supreme Court to grant protection to the rights of its citizens
2. It can declare laws violative of these rights void not only on substantive grounds of being unlawful but also on procedural grounds of being unreasonable
Which of these statements are not correct?
  • a)
    1 Only
  • b)
    2 Only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
Consider the following statements.1. The Procedure established by law ...
The American Constitution provides for 'due process of law' against that of 'procedure established by law' which is contained in the Indian Constitution.
The difference between the two is : The 'Procedure established by law' gives wide scope to the Supreme Court to grant protection to the rights of its citizens.
It can declare laws violative of these rights void not only on substantive grounds of being unlawful but also on procedural grounds of being unreasonable.
Our Supreme Court, while determining the constitutionally of a law, however examines only the substantive question i.e whether the law is within the powers of the authority concerned or not. It is not expected to go into the question of its reasonableness, suitability or policy implications".
Hence, statement 2 is incorrect.
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Consider the following statements.1. The Procedure established by law gives wide scope to the Supreme Court to grant protection to the rights of its citizens2. It can declare laws violative of these rights void not only on substantive grounds of being unlawful but also on procedural grounds of being unreasonableWhich of these statements are not correct?a)1 Onlyb)2 Onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?
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