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Consider the following statements:
1. 'Due process of Law' provides for judicial scrutiny against arbitrary action of executive only.
2. The procedure established by law provides judicial scrutiny against arbitrary actions of both legislative and executive.
3. Article 21 of the Indian Constitution explicitly mentions the 'procedure established by law'.
1. 'Due process of Law' provides for judicial scrutiny against arbitrary action of executive only.
2. The procedure established by law provides judicial scrutiny against arbitrary actions of both legislative and executive.
3. Article 21 of the Indian Constitution explicitly mentions the 'procedure established by law'.
Which of the statements given above is/are correct?
- a)1 and 2 only
- b)2 and 3 only
- c)3 only
- d)1, 2 and 3
Correct answer is option 'C'. Can you explain this answer?
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Verified Answer
Consider the following statements:1. Due process of Law provides for j...
- Article 21 declares that no person shall be deprived of his life or personal liberty except according to the procedure established by law. This right is available to both citizens and non-citizens. Hence statement 3 is correct.
- The expression ‘procedure established by law’ in Article 21 is different from the expression ‘due process of law’ contained in the American Constitution. The procedure established by law means a law that is duly enacted by the legislature is valid if it has followed the correct procedure. In this, the court would assess whether there is a law, whether the Legislature is competent to frame the law and whether it had followed the procedure laid down to legislate and would not assess the intent of the said law. Therefore under this concept, the validity of a law that has prescribed a procedure cannot be questioned on the ground that the law is unreasonable, unfair, or unjust. If Parliament passes a law, then the life or personal liberty of a person can be taken off according to the provisions and procedures of that law.
- On the other hand, 'due process of law' doctrine not only checks if there is a law to deprive the life and personal liberty of a person but also see if the law made is fair, just and not arbitrary. This doctrine provides for more fair treatment of individual rights. Under due process, it is the legal requirement that the state must respect all of the legal rights that are owed to a person and laws that state enact must conform to the laws of the land like – fairness, fundamental rights, liberty, etc.
- In the Gopalan case (1950), the Supreme Court has taken a narrow interpretation of Article 21. The protection under Article 21 is available only against arbitrary executive action and not from arbitrary legislative action. But, in Menaka case 12 (1978), the Supreme Court overruled its judgment in the Gopalan case by taking a wider interpretation of Article 21 and has introduced the American expression ‘due process of law’. In effect, the protection under Article 21 should be available not only against arbitrary executive action but also against arbitrary legislative action. Hence statements 1 and 2 are not correct.
Most Upvoted Answer
Consider the following statements:1. Due process of Law provides for j...
It should be 2 and 3, since later SC mentioned "procedure established by the law" which is American judiciary expression granting protection against both executive and legislative arbitrary actions.
Community Answer
Consider the following statements:1. Due process of Law provides for j...
The correct answer is option 'C', which states that only statement 3 is correct. Let us analyze each statement to understand why.
1. Due process of Law provides for judicial scrutiny against arbitrary action of executive only:
- This statement is incorrect. Due process of law provides for judicial scrutiny against arbitrary actions of both the executive and the legislative branches of the government. The principle of due process ensures that individuals are protected from arbitrary actions by the government, regardless of whether it is the executive or legislative branch.
2. The procedure established by law provides judicial scrutiny against arbitrary actions of both legislative and executive:
- This statement is incorrect. The procedure established by law does not provide for judicial scrutiny against arbitrary actions of the legislative branch. The procedure established by law refers to the process by which laws are enacted and enforced. It ensures that laws are made and followed in accordance with the established legal procedure, but it does not specifically address the scrutiny of arbitrary actions by the legislative branch.
3. Article 21 of the Indian Constitution explicitly mentions the procedure established by law:
- This statement is correct. Article 21 of the Indian Constitution guarantees the right to life and personal liberty to every individual. It states that no person shall be deprived of their life or personal liberty except according to the procedure established by law. This means that any deprivation of life or personal liberty must be done in accordance with the established legal procedure.
To summarize, statement 1 and 2 are incorrect because due process of law provides for judicial scrutiny against arbitrary actions of both the executive and legislative branches, and the procedure established by law does not specifically address the scrutiny of arbitrary actions by the legislative branch. However, statement 3 is correct as Article 21 of the Indian Constitution explicitly mentions the procedure established by law.
1. Due process of Law provides for judicial scrutiny against arbitrary action of executive only:
- This statement is incorrect. Due process of law provides for judicial scrutiny against arbitrary actions of both the executive and the legislative branches of the government. The principle of due process ensures that individuals are protected from arbitrary actions by the government, regardless of whether it is the executive or legislative branch.
2. The procedure established by law provides judicial scrutiny against arbitrary actions of both legislative and executive:
- This statement is incorrect. The procedure established by law does not provide for judicial scrutiny against arbitrary actions of the legislative branch. The procedure established by law refers to the process by which laws are enacted and enforced. It ensures that laws are made and followed in accordance with the established legal procedure, but it does not specifically address the scrutiny of arbitrary actions by the legislative branch.
3. Article 21 of the Indian Constitution explicitly mentions the procedure established by law:
- This statement is correct. Article 21 of the Indian Constitution guarantees the right to life and personal liberty to every individual. It states that no person shall be deprived of their life or personal liberty except according to the procedure established by law. This means that any deprivation of life or personal liberty must be done in accordance with the established legal procedure.
To summarize, statement 1 and 2 are incorrect because due process of law provides for judicial scrutiny against arbitrary actions of both the executive and legislative branches, and the procedure established by law does not specifically address the scrutiny of arbitrary actions by the legislative branch. However, statement 3 is correct as Article 21 of the Indian Constitution explicitly mentions the procedure established by law.
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Consider the following statements:1. Due process of Law provides for judicial scrutiny against arbitrary action of executive only.2. The procedure established by law provides judicial scrutiny against arbitrary actions of both legislative and executive.3. Article 21 of the Indian Constitution explicitly mentions the procedure established by law.Which of the statements given above is/are correct?a)1 and 2 onlyb)2 and 3 onlyc)3 onlyd)1, 2 and 3Correct answer is option 'C'. Can you explain this answer?
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Consider the following statements:1. Due process of Law provides for judicial scrutiny against arbitrary action of executive only.2. The procedure established by law provides judicial scrutiny against arbitrary actions of both legislative and executive.3. Article 21 of the Indian Constitution explicitly mentions the procedure established by law.Which of the statements given above is/are correct?a)1 and 2 onlyb)2 and 3 onlyc)3 onlyd)1, 2 and 3Correct answer is option 'C'. 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. Due process of Law provides for judicial scrutiny against arbitrary action of executive only.2. The procedure established by law provides judicial scrutiny against arbitrary actions of both legislative and executive.3. Article 21 of the Indian Constitution explicitly mentions the procedure established by law.Which of the statements given above is/are correct?a)1 and 2 onlyb)2 and 3 onlyc)3 onlyd)1, 2 and 3Correct answer is option 'C'. 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. Due process of Law provides for judicial scrutiny against arbitrary action of executive only.2. The procedure established by law provides judicial scrutiny against arbitrary actions of both legislative and executive.3. Article 21 of the Indian Constitution explicitly mentions the procedure established by law.Which of the statements given above is/are correct?a)1 and 2 onlyb)2 and 3 onlyc)3 onlyd)1, 2 and 3Correct answer is option 'C'. Can you explain this answer?.
Consider the following statements:1. Due process of Law provides for judicial scrutiny against arbitrary action of executive only.2. The procedure established by law provides judicial scrutiny against arbitrary actions of both legislative and executive.3. Article 21 of the Indian Constitution explicitly mentions the procedure established by law.Which of the statements given above is/are correct?a)1 and 2 onlyb)2 and 3 onlyc)3 onlyd)1, 2 and 3Correct answer is option 'C'. 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. Due process of Law provides for judicial scrutiny against arbitrary action of executive only.2. The procedure established by law provides judicial scrutiny against arbitrary actions of both legislative and executive.3. Article 21 of the Indian Constitution explicitly mentions the procedure established by law.Which of the statements given above is/are correct?a)1 and 2 onlyb)2 and 3 onlyc)3 onlyd)1, 2 and 3Correct answer is option 'C'. 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. Due process of Law provides for judicial scrutiny against arbitrary action of executive only.2. The procedure established by law provides judicial scrutiny against arbitrary actions of both legislative and executive.3. Article 21 of the Indian Constitution explicitly mentions the procedure established by law.Which of the statements given above is/are correct?a)1 and 2 onlyb)2 and 3 onlyc)3 onlyd)1, 2 and 3Correct answer is option 'C'. Can you explain this answer?.
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