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With reference to the Fundamental Rights, consider the following statements:
1. Right to life and personal liberty, according to the procedure established by law, is bestowed only upon the Indian citizens.
2. Right to life and personal liberty of an individual can be deprived by a law, provided the procedure prescribed by that law is reasonable, fair and just.
3. Protection under Article 21 is available not only against arbitrary executive action, but also against arbitrary legislative action.
Which of the statements given above is/are correct?
- a)1 and 2 only
- b)1 and 3 only
- c)2 and 3 only
- d)None of the above.
Correct answer is option 'C'. Can you explain this answer?
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Most Upvoted Answer
With reference to the Fundamental Rights, consider the following state...
- Article 21 declares that no person shall be deprived of his life or personal liberty, except according to procedure established by law. This right is available to both the citizens and the non-citizens. A.K. Gopalan Case, 1950: The Supreme Court has taken a narrow interpretation of Article 21.
- It held that the protection under Article 21 is available only against arbitrary executive action and not from arbitrary legislative action. This means that the State can deprive the right to life and personal liberty of a person based on a law. This is because of the expression ‘procedure established by law’ in Article 21, which is different from the expression ‘due process of law’, contained in the American Constitution.
- Hence, the validity of a law that has prescribed a procedure cannot be questioned on the ground that the law is unreasonable, unfair or unjust. Secondly, the Supreme Court held that ‘personal liberty’ means only liberty relating to the person or body of the individual. Maneka Gandhi Case, 1978: The Supreme Court overruled its judgment in the Gopalan case by taking a wider interpretation of Article 21.
- Therefore, it ruled that the right to life and personal liberty of a person can be deprived by a law, provided the procedure prescribed by that law is reasonable, fair and just. In other words, it 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.
- Further, the court held that the ‘right to life’, as embodied in Article 21, is not merely confined to animal existence or survival, but it includes within its ambit the right to live with human dignity and all those aspects of life which go to make a man’s life meaningful, complete and worth living. It also ruled that the expression ‘Personal Liberty’ in Article 21 is of the widest amplitude and it covers a variety of rights that go to constitute the personal liberties of a man.
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With reference to the Fundamental Rights, consider the following state...
Explanation:
Statement 1: Right to life and personal liberty, according to the procedure established by law, is bestowed only upon the Indian citizens.
- This statement is incorrect. The right to life and personal liberty is a fundamental right guaranteed to all persons, including citizens and non-citizens, under Article 21 of the Indian Constitution.
Statement 2: Right to life and personal liberty of an individual can be deprived by a law, provided the procedure prescribed by that law is reasonable, fair and just.
- This statement is correct. Article 21 of the Indian Constitution states that no person shall be deprived of their life or personal liberty except according to the procedure established by law. This means that a law can restrict an individual's right to life and personal liberty as long as the procedure is reasonable, fair, and just.
Statement 3: Protection under Article 21 is available not only against arbitrary executive action, but also against arbitrary legislative action.
- This statement is also correct. Article 21 protects individuals not only against arbitrary executive action but also against arbitrary legislative action. It ensures that any law or action that deprives a person of their life or personal liberty must be in accordance with the principles of fairness and justice.
Therefore, the correct answer is option C, which states that statements 2 and 3 are correct.
Statement 1: Right to life and personal liberty, according to the procedure established by law, is bestowed only upon the Indian citizens.
- This statement is incorrect. The right to life and personal liberty is a fundamental right guaranteed to all persons, including citizens and non-citizens, under Article 21 of the Indian Constitution.
Statement 2: Right to life and personal liberty of an individual can be deprived by a law, provided the procedure prescribed by that law is reasonable, fair and just.
- This statement is correct. Article 21 of the Indian Constitution states that no person shall be deprived of their life or personal liberty except according to the procedure established by law. This means that a law can restrict an individual's right to life and personal liberty as long as the procedure is reasonable, fair, and just.
Statement 3: Protection under Article 21 is available not only against arbitrary executive action, but also against arbitrary legislative action.
- This statement is also correct. Article 21 protects individuals not only against arbitrary executive action but also against arbitrary legislative action. It ensures that any law or action that deprives a person of their life or personal liberty must be in accordance with the principles of fairness and justice.
Therefore, the correct answer is option C, which states that statements 2 and 3 are correct.
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With reference to the Fundamental Rights, consider the following statements:1. Right to life and personal liberty, according to the procedure established by law, is bestowed only upon the Indian citizens.2. Right to life and personal liberty of an individual can be deprived by a law, provided the procedure prescribed by that law is reasonable, fair and just.3. Protection under Article 21 is available not only against arbitrary executive action, but also against arbitrary legislative action.Which of the statements given above is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)2 and 3 onlyd)None of the above.Correct answer is option 'C'. Can you explain this answer?
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With reference to the Fundamental Rights, consider the following statements:1. Right to life and personal liberty, according to the procedure established by law, is bestowed only upon the Indian citizens.2. Right to life and personal liberty of an individual can be deprived by a law, provided the procedure prescribed by that law is reasonable, fair and just.3. Protection under Article 21 is available not only against arbitrary executive action, but also against arbitrary legislative action.Which of the statements given above is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)2 and 3 onlyd)None of the above.Correct 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 With reference to the Fundamental Rights, consider the following statements:1. Right to life and personal liberty, according to the procedure established by law, is bestowed only upon the Indian citizens.2. Right to life and personal liberty of an individual can be deprived by a law, provided the procedure prescribed by that law is reasonable, fair and just.3. Protection under Article 21 is available not only against arbitrary executive action, but also against arbitrary legislative action.Which of the statements given above is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)2 and 3 onlyd)None of the above.Correct 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 With reference to the Fundamental Rights, consider the following statements:1. Right to life and personal liberty, according to the procedure established by law, is bestowed only upon the Indian citizens.2. Right to life and personal liberty of an individual can be deprived by a law, provided the procedure prescribed by that law is reasonable, fair and just.3. Protection under Article 21 is available not only against arbitrary executive action, but also against arbitrary legislative action.Which of the statements given above is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)2 and 3 onlyd)None of the above.Correct answer is option 'C'. Can you explain this answer?.
With reference to the Fundamental Rights, consider the following statements:1. Right to life and personal liberty, according to the procedure established by law, is bestowed only upon the Indian citizens.2. Right to life and personal liberty of an individual can be deprived by a law, provided the procedure prescribed by that law is reasonable, fair and just.3. Protection under Article 21 is available not only against arbitrary executive action, but also against arbitrary legislative action.Which of the statements given above is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)2 and 3 onlyd)None of the above.Correct 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 With reference to the Fundamental Rights, consider the following statements:1. Right to life and personal liberty, according to the procedure established by law, is bestowed only upon the Indian citizens.2. Right to life and personal liberty of an individual can be deprived by a law, provided the procedure prescribed by that law is reasonable, fair and just.3. Protection under Article 21 is available not only against arbitrary executive action, but also against arbitrary legislative action.Which of the statements given above is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)2 and 3 onlyd)None of the above.Correct 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 With reference to the Fundamental Rights, consider the following statements:1. Right to life and personal liberty, according to the procedure established by law, is bestowed only upon the Indian citizens.2. Right to life and personal liberty of an individual can be deprived by a law, provided the procedure prescribed by that law is reasonable, fair and just.3. Protection under Article 21 is available not only against arbitrary executive action, but also against arbitrary legislative action.Which of the statements given above is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)2 and 3 onlyd)None of the above.Correct answer is option 'C'. Can you explain this answer?.
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