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.
To make sure you are not studying endlessly, EduRev has designed UPSC study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in UPSC.