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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)2 Only
- b)Both 1 and 2
- c)Neither 1 nor 2
- d)1 Only
Correct answer is option 'B'. Can you explain this answer?
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Verified Answer
Consider the following statements.1. The Procedure established by law ...
Let's analyze the given statements in the context of the Indian Constitution and judicial review.
The 'Procedure established by law' gives wide scope to the Supreme Court to grant protection to the rights of its citizens.
This statement is incorrect. The concept of "procedure established by law" is narrower than the "due process of law" found in the U.S. Constitution. Under "procedure established by law," the Supreme Court of India is primarily concerned with whether a law has been enacted following the correct procedure laid down by the legislature. It does not provide the same broad scope for judicial review of the law's reasonableness or fairness as "due process of law" would.
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.
This statement is incorrect. The Indian judiciary, under the "procedure established by law," can declare laws void if they do not follow the proper procedure or violate fundamental rights. However, it cannot declare a law void purely on the grounds of it being unreasonable or unfair in substance unless it violates a specific fundamental right.
Therefore, both statements are not correct.
The correct answer is:
2. Both 1 and 2
Most Upvoted Answer
Consider the following statements.1. The Procedure established by law ...
Explanation:
1. Statement 1:
The Procedure established by law does indeed give the Supreme Court wide scope to grant protection to the rights of citizens. This means that the Supreme Court has the authority to examine laws and government actions to ensure they are in line with the Constitution and do not infringe upon the fundamental rights of citizens. This statement is correct.
2. Statement 2:
The second statement is also correct. The Supreme Court can declare laws void not only on substantive grounds (for example, if a law is found to be in violation of the Constitution) but also on procedural grounds. This means that the Supreme Court can strike down a law if it finds that the process by which the law was enacted was unreasonable or unfair.
Conclusion:
Therefore, both statements are correct, and the correct answer is option 'b) Both 1 and 2'.
1. Statement 1:
The Procedure established by law does indeed give the Supreme Court wide scope to grant protection to the rights of citizens. This means that the Supreme Court has the authority to examine laws and government actions to ensure they are in line with the Constitution and do not infringe upon the fundamental rights of citizens. This statement is correct.
2. Statement 2:
The second statement is also correct. The Supreme Court can declare laws void not only on substantive grounds (for example, if a law is found to be in violation of the Constitution) but also on procedural grounds. This means that the Supreme Court can strike down a law if it finds that the process by which the law was enacted was unreasonable or unfair.
Conclusion:
Therefore, both statements are correct, and the correct answer is option 'b) Both 1 and 2'.
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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)2 Onlyb)Both 1 and 2 c)Neither 1 nor 2d)1 OnlyCorrect answer is option 'B'. Can you explain this answer?
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