UPSC Exam > UPSC Questions > Consider the following statements.1. The Proc...
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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?
Most Upvoted 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.
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.
Hence, statement 2 is incorrect.
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Consider the following statements.1. The Procedure established by law ...
Understanding the Statements
To analyze the correctness of the two statements regarding the role of the Supreme Court in protecting citizens' rights, we need to look at the legal framework established by the Constitution of India.
Statement 1: Procedure Established by Law
- This statement is correct.
- The phrase "procedure established by law" allows the Supreme Court to interpret laws and ensure that they align with the rights enshrined in the Constitution.
- The Court has the authority to protect fundamental rights and can intervene if laws infringe upon these rights, demonstrating its role as a guardian of citizen rights.
Statement 2: Grounds for Declaring Laws Void
- This statement is partially correct but misleading.
- While the Supreme Court can declare laws void for being unlawful, it typically does not do so solely on procedural grounds of being unreasonable.
- The Court primarily assesses laws based on their compliance with the Constitution, particularly the Fundamental Rights. The term "unreasonable" is more associated with the principles of natural justice rather than a standalone procedural ground for striking down a law.
Conclusion
- Since Statement 2 misrepresents the procedural grounds for which laws can be declared void, it is considered incorrect.
- Therefore, the correct answer is option 'B': "2 Only" is not correct.
This detailed examination clarifies why Statement 2 is misleading, leading to the conclusion that only Statement 1 is correct.
To analyze the correctness of the two statements regarding the role of the Supreme Court in protecting citizens' rights, we need to look at the legal framework established by the Constitution of India.
Statement 1: Procedure Established by Law
- This statement is correct.
- The phrase "procedure established by law" allows the Supreme Court to interpret laws and ensure that they align with the rights enshrined in the Constitution.
- The Court has the authority to protect fundamental rights and can intervene if laws infringe upon these rights, demonstrating its role as a guardian of citizen rights.
Statement 2: Grounds for Declaring Laws Void
- This statement is partially correct but misleading.
- While the Supreme Court can declare laws void for being unlawful, it typically does not do so solely on procedural grounds of being unreasonable.
- The Court primarily assesses laws based on their compliance with the Constitution, particularly the Fundamental Rights. The term "unreasonable" is more associated with the principles of natural justice rather than a standalone procedural ground for striking down a law.
Conclusion
- Since Statement 2 misrepresents the procedural grounds for which laws can be declared void, it is considered incorrect.
- Therefore, the correct answer is option 'B': "2 Only" is not correct.
This detailed examination clarifies why Statement 2 is misleading, leading to the conclusion that only Statement 1 is correct.
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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? for UPSC 2025 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about 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? covers all topics & solutions for UPSC 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for 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?.
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? for UPSC 2025 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about 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? covers all topics & solutions for UPSC 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for 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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