UPSC Exam  >  UPSC Questions  >   Consider the following statements.1. America... Start Learning for Free
Consider the following statements.
1. American Constitution provides for 'due process of law
2. 'procedure established by law' is contained in the Indian Constitution
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 'D'. Can you explain this answer?
Verified Answer
Consider the following statements.1. American Constitution provides f...
Both of them are correct.
View all questions of this test
Most Upvoted Answer
Consider the following statements.1. American Constitution provides f...
Explanation:

The correct answer is option 'D' - Neither 1 nor 2. Let's examine each statement in detail:

Statement 1: American Constitution provides for 'due process of law'

The concept of 'due process of law' is indeed present in the American Constitution. The Fifth and Fourteenth Amendments of the United States Constitution both contain a Due Process Clause. The Fifth Amendment applies to the federal government, while the Fourteenth Amendment applies to the states. The Due Process Clause ensures that individuals are protected from arbitrary government action and guarantees them certain fundamental rights.

The due process of law ensures that the government cannot deprive individuals of life, liberty, or property without following established legal procedures. It requires fair treatment and protection of individual rights, including notice of charges, the opportunity to be heard, and a fair and impartial decision-maker. This principle is a fundamental aspect of American constitutional law.

Statement 2: 'Procedure established by law' is contained in the Indian Constitution

This statement is incorrect. The Indian Constitution does not contain the phrase 'procedure established by law.' Instead, it contains the phrase 'due process of law.'

The phrase 'procedure established by law' was initially included in Article 21 of the Indian Constitution. However, this phrase was replaced by the term 'due process of law' through a judicial interpretation in the landmark case of Maneka Gandhi v. Union of India in 1978. The Supreme Court held that the right to life and personal liberty under Article 21 cannot be taken away except by a procedure that is fair, just, and reasonable.

The concept of 'due process of law' in the Indian context is broader than 'procedure established by law.' It encompasses both procedural and substantive aspects, ensuring that laws are not arbitrary, unfair, or unreasonable. It serves as a safeguard against arbitrary deprivation of life and personal liberty.

Conclusion:

In conclusion, statement 1 is correct as the American Constitution provides for 'due process of law.' However, statement 2 is incorrect as the Indian Constitution does not contain the phrase 'procedure established by law.' Instead, it has the concept of 'due process of law' which was established through judicial interpretation. Therefore, the correct answer is option 'D' - Neither 1 nor 2.
Explore Courses for UPSC exam

Similar UPSC Doubts

Top Courses for UPSC

Consider the following statements.1. American Constitution provides for 'due process of law2. 'procedure established by law' is contained in the Indian ConstitutionWhich of these statements are not correct?a) 1 Onlyb) 2 Onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer?
Question Description
Consider the following statements.1. American Constitution provides for 'due process of law2. 'procedure established by law' is contained in the Indian ConstitutionWhich of these statements are not correct?a) 1 Onlyb) 2 Onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer? for UPSC 2024 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. American Constitution provides for 'due process of law2. 'procedure established by law' is contained in the Indian ConstitutionWhich of these statements are not correct?a) 1 Onlyb) 2 Onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements.1. American Constitution provides for 'due process of law2. 'procedure established by law' is contained in the Indian ConstitutionWhich of these statements are not correct?a) 1 Onlyb) 2 Onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer?.
Solutions for Consider the following statements.1. American Constitution provides for 'due process of law2. 'procedure established by law' is contained in the Indian ConstitutionWhich of these statements are not correct?a) 1 Onlyb) 2 Onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for UPSC. Download more important topics, notes, lectures and mock test series for UPSC Exam by signing up for free.
Here you can find the meaning of Consider the following statements.1. American Constitution provides for 'due process of law2. 'procedure established by law' is contained in the Indian ConstitutionWhich of these statements are not correct?a) 1 Onlyb) 2 Onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Consider the following statements.1. American Constitution provides for 'due process of law2. 'procedure established by law' is contained in the Indian ConstitutionWhich of these statements are not correct?a) 1 Onlyb) 2 Onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer?, a detailed solution for Consider the following statements.1. American Constitution provides for 'due process of law2. 'procedure established by law' is contained in the Indian ConstitutionWhich of these statements are not correct?a) 1 Onlyb) 2 Onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of Consider the following statements.1. American Constitution provides for 'due process of law2. 'procedure established by law' is contained in the Indian ConstitutionWhich of these statements are not correct?a) 1 Onlyb) 2 Onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Consider the following statements.1. American Constitution provides for 'due process of law2. 'procedure established by law' is contained in the Indian ConstitutionWhich of these statements are not correct?a) 1 Onlyb) 2 Onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice UPSC tests.
Explore Courses for UPSC exam

Top Courses for UPSC

Explore Courses
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
10M+ students study on EduRev