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Consider the following Statements:
- Scope of Judicial review power of the Supreme court of India is wider than the court in the United States.
- American constitution provided for due process of law against the procedure established by law in Indian Constitution.
- Both India and USA Constitution provides for a single system of court which enforces both the central as well as State law.
Which of the statement/s given above is/are incorrect?
- a)1 only
- b)1 and 2 only
- c)2 and 3 only
- d)1 and 3 only
Correct answer is option 'D'. Can you explain this answer?
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Consider the following Statements: Scope of Judicial review power of t...
The correct answer is option 'D' which means both statements 1 and 3 are incorrect. Let us understand why.
1. Scope of Judicial review power of the Supreme court of India is wider than the court in the United States:
The statement is incorrect. The scope of judicial review power of the Supreme Court of India is not wider than the court in the United States. In fact, the concept of judicial review originated in the United States and the Supreme Court of the United States has been recognized as having the power of judicial review since the landmark case of Marbury v. Madison in 1803. The power of judicial review allows the court to review and strike down laws or actions of the government that are found to be unconstitutional. The Indian Constitution also provides for judicial review, but it is not wider in scope than the United States. Both the Indian and American courts have the power of judicial review, but the scope and extent of this power may vary in different contexts.
2. American Constitution provided for due process of law against the procedure established by law in Indian Constitution:
The statement is correct. The American Constitution provides for the concept of due process of law, which is a fundamental principle of fairness and justice. It ensures that individuals are treated fairly and have the right to a fair trial and other legal protections. In the Indian Constitution, the concept of due process is not explicitly mentioned. Instead, the Indian Constitution provides for the concept of "procedure established by law," which means that as long as a law has been duly enacted and follows the prescribed procedure, it is considered valid. However, the Supreme Court of India has interpreted the concept of "procedure established by law" to include the principles of due process, thereby providing similar protections to individuals.
3. Both India and USA Constitution provides for a single system of court which enforces both the central as well as State law:
The statement is incorrect. Both the Indian and American Constitutions provide for a dual system of courts. In India, there is a separate judiciary for the central government and each state government. The Supreme Court is the highest court in the country and has jurisdiction over both central and state matters. Similarly, in the United States, there is a federal judiciary that deals with federal laws and a separate judiciary for each state that deals with state laws. The Supreme Court of the United States is the highest court in the country and has jurisdiction over both federal and state matters.
In conclusion, both statements 1 and 3 are incorrect. The scope of judicial review power of the Supreme Court of India is not wider than the court in the United States, and both the Indian and American Constitutions provide for a dual system of courts.
1. Scope of Judicial review power of the Supreme court of India is wider than the court in the United States:
The statement is incorrect. The scope of judicial review power of the Supreme Court of India is not wider than the court in the United States. In fact, the concept of judicial review originated in the United States and the Supreme Court of the United States has been recognized as having the power of judicial review since the landmark case of Marbury v. Madison in 1803. The power of judicial review allows the court to review and strike down laws or actions of the government that are found to be unconstitutional. The Indian Constitution also provides for judicial review, but it is not wider in scope than the United States. Both the Indian and American courts have the power of judicial review, but the scope and extent of this power may vary in different contexts.
2. American Constitution provided for due process of law against the procedure established by law in Indian Constitution:
The statement is correct. The American Constitution provides for the concept of due process of law, which is a fundamental principle of fairness and justice. It ensures that individuals are treated fairly and have the right to a fair trial and other legal protections. In the Indian Constitution, the concept of due process is not explicitly mentioned. Instead, the Indian Constitution provides for the concept of "procedure established by law," which means that as long as a law has been duly enacted and follows the prescribed procedure, it is considered valid. However, the Supreme Court of India has interpreted the concept of "procedure established by law" to include the principles of due process, thereby providing similar protections to individuals.
3. Both India and USA Constitution provides for a single system of court which enforces both the central as well as State law:
The statement is incorrect. Both the Indian and American Constitutions provide for a dual system of courts. In India, there is a separate judiciary for the central government and each state government. The Supreme Court is the highest court in the country and has jurisdiction over both central and state matters. Similarly, in the United States, there is a federal judiciary that deals with federal laws and a separate judiciary for each state that deals with state laws. The Supreme Court of the United States is the highest court in the country and has jurisdiction over both federal and state matters.
In conclusion, both statements 1 and 3 are incorrect. The scope of judicial review power of the Supreme Court of India is not wider than the court in the United States, and both the Indian and American Constitutions provide for a dual system of courts.
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Consider the following Statements: Scope of Judicial review power of t...
- Statement 1 is incorrect and Statement 2 is Correct: Scope of Judicial review of the Supreme court in India is narrower than the court in the United States. Reason behind it is American constitution provided for due process of law against the procedure established by law in Indian Constitution.
- Statement 3 is incorrect: In India there is an integrated judicial system where the Supreme Court stands at the top. Below it there is a High Court at State level. Under a high court there is a hierarchy of subordinate courts that is district court and other lower courts. Hence this single system of courts enforce both central laws as well as state laws. Unlike USA where federal laws are enforced by the federal judiciary and state laws is enforced by the state judiciary.
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Consider the following Statements: Scope of Judicial review power of the Supreme court of India is wider than the court in the United States. American constitution provided for due process of law against the procedure established by law in Indian Constitution. Both India and USA Constitution provides for a single system of court which enforces both the central as well as State law.Which of the statement/s given above is/are incorrect?a)1 onlyb)1 and 2 onlyc)2 and 3 onlyd)1 and 3 onlyCorrect answer is option 'D'. Can you explain this answer?
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Consider the following Statements: Scope of Judicial review power of the Supreme court of India is wider than the court in the United States. American constitution provided for due process of law against the procedure established by law in Indian Constitution. Both India and USA Constitution provides for a single system of court which enforces both the central as well as State law.Which of the statement/s given above is/are incorrect?a)1 onlyb)1 and 2 onlyc)2 and 3 onlyd)1 and 3 onlyCorrect 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: Scope of Judicial review power of the Supreme court of India is wider than the court in the United States. American constitution provided for due process of law against the procedure established by law in Indian Constitution. Both India and USA Constitution provides for a single system of court which enforces both the central as well as State law.Which of the statement/s given above is/are incorrect?a)1 onlyb)1 and 2 onlyc)2 and 3 onlyd)1 and 3 onlyCorrect 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: Scope of Judicial review power of the Supreme court of India is wider than the court in the United States. American constitution provided for due process of law against the procedure established by law in Indian Constitution. Both India and USA Constitution provides for a single system of court which enforces both the central as well as State law.Which of the statement/s given above is/are incorrect?a)1 onlyb)1 and 2 onlyc)2 and 3 onlyd)1 and 3 onlyCorrect answer is option 'D'. Can you explain this answer?.
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