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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Test: Procedure Established by Law and Due Process of Law - Judiciary Exams MCQ

Test: Procedure Established by Law and Due Process of Law - Judiciary Exams MCQ


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15 Questions MCQ Test - Test: Procedure Established by Law and Due Process of Law

Test: Procedure Established by Law and Due Process of Law for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Test: Procedure Established by Law and Due Process of Law questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Procedure Established by Law and Due Process of Law MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Procedure Established by Law and Due Process of Law below.
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Test: Procedure Established by Law and Due Process of Law - Question 1
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How does the Due Process of Law doctrine empower the Supreme Court in protecting citizens' rights?

Detailed Solution for Test: Procedure Established by Law and Due Process of Law - Question 1
The Due Process of Law doctrine empowers the Supreme Court by allowing for a more comprehensive assessment of laws concerning both substantive and procedural aspects. This broader authority enables the court to ensure that laws not only follow correct procedures but also uphold fairness and justice in their application.
Test: Procedure Established by Law and Due Process of Law - Question 2
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What is the key difference between the concepts of "Procedure Established by Law" and "Due Process of Law"?

Detailed Solution for Test: Procedure Established by Law and Due Process of Law - Question 2
The key difference between "Procedure Established by Law" and "Due Process of Law" lies in their focus. While the former concept looks at the correctness of how a law is enacted, ensuring it follows procedures, the latter goes beyond legality to guarantee fairness and justice in the application of the law.
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Test: Procedure Established by Law and Due Process of Law - Question 3
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What fundamental rights are safeguarded by Article 21 of the Indian Constitution?

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Article 21 of the Indian Constitution safeguards fundamental rights for all citizens, including equality before the law, freedom of speech, and religious and cultural freedoms. This article is pivotal in ensuring that individuals are protected by the law equally, without discrimination based on various factors.
Test: Procedure Established by Law and Due Process of Law - Question 4
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What does the legal doctrine of "Procedure Established by Law" primarily emphasize?
Detailed Solution for Test: Procedure Established by Law and Due Process of Law - Question 4
The legal doctrine of "Procedure Established by Law" underscores the significance of laws being considered valid if they have been properly enacted by the legislature or relevant body. This doctrine highlights the importance of following the procedures outlined in the law for validity, irrespective of whether the law contradicts principles of justice and equity. It is crucial to ensure that laws are enacted through the appropriate legal processes to maintain legality and legitimacy in governance. ---
Test: Procedure Established by Law and Due Process of Law - Question 5
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What distinguishes the legal doctrine of "Due Process of Law" from "Procedure Established by Law"?
Detailed Solution for Test: Procedure Established by Law and Due Process of Law - Question 5
The legal doctrine of "Due Process of Law" goes beyond the mere enactment of laws, focusing on evaluating the fairness, justice, and non-arbitrariness of laws. Unlike the doctrine of "Procedure Established by Law," which primarily emphasizes the proper enactment of laws, "Due Process of Law" scrutinizes the fundamental fairness and justice embedded in legislation. This doctrine grants the judiciary the authority to assess the ethical and just nature of laws, ensuring that they align with principles of fairness and fundamental rights. ---
Test: Procedure Established by Law and Due Process of Law - Question 6
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What key principle does the doctrine of due process of law primarily evaluate?
Detailed Solution for Test: Procedure Established by Law and Due Process of Law - Question 6
The doctrine of due process of law primarily evaluates the fairness and justice of laws. It ensures that laws are not only existent but also fair, just, and non-arbitrary. This principle is essential in safeguarding individual rights and liberties within a legal framework.
Test: Procedure Established by Law and Due Process of Law - Question 7
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Which case led to a significant shift in the interpretation of Article 21, emphasizing the concept of "due process" in India?
Detailed Solution for Test: Procedure Established by Law and Due Process of Law - Question 7
The Maneka Gandhi vs Union of India case in 1978 brought about a significant shift in the interpretation of Article 21 in India. This case redefined the understanding of "procedure established by law" to align more closely with the concept of "due process," emphasizing the importance of fairness, justice, and principles of collective conscience in legal proceedings.
Test: Procedure Established by Law and Due Process of Law - Question 8
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What impact did the Maneka Gandhi case have on the interpretation of "procedure established by law" in India?
Detailed Solution for Test: Procedure Established by Law and Due Process of Law - Question 8
The Maneka Gandhi case had a significant impact by practically erasing the distinction between "procedure established by law" and "due process" in India. This landmark judgment emphasized that any procedure leading to the deprivation of life or personal liberty must align with principles of fairness, justice, and the collective conscience, thereby merging the two concepts in legal practice.
Test: Procedure Established by Law and Due Process of Law - Question 9
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What was the specific constitutional issue addressed in the Shaikh Zahid Mukhtar v State of Maharashtra case?
Detailed Solution for Test: Procedure Established by Law and Due Process of Law - Question 9
In the Shaikh Zahid Mukhtar v State of Maharashtra case, the constitutional validity of the Maharashtra Animal Preservation Act was assessed, with a focus on whether Section 5-D violated the right to privacy under Article 21. The court equated the right to privacy with the right to choose one's food preferences, ruling against the provision criminalizing the possession of certain meats.
Test: Procedure Established by Law and Due Process of Law - Question 10
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Which provision of the Beef Act was struck down by the Bombay High Court in the Shaikh Zahid Mukhtar v State of Maharashtra case?
Detailed Solution for Test: Procedure Established by Law and Due Process of Law - Question 10
The Bombay High Court, in the Shaikh Zahid Mukhtar v State of Maharashtra case, struck down Section 9-B of the Beef Act. This section had a provision that shifted the burden of proof onto the accused in certain cases, a practice deemed contradictory to established procedural rules of evidence in criminal trials.
Test: Procedure Established by Law and Due Process of Law - Question 11
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In Rajbala v. Haryana, what was the primary concern regarding the Haryana Panchayati Raj (Amendment) Act, 2015?
Detailed Solution for Test: Procedure Established by Law and Due Process of Law - Question 11
The main issue in Rajbala v. Haryana was the challenge against the Haryana Panchayati Raj (Amendment) Act's arbitrary disqualifications for individuals seeking to run in Haryana's panchayat elections. The court addressed concerns about the Act's provisions being arbitrary and potentially violating constitutional rights.
Test: Procedure Established by Law and Due Process of Law - Question 12
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What was the central issue in the Bombay High Court's assessment of the Maharashtra Animal Preservation Act?
Detailed Solution for Test: Procedure Established by Law and Due Process of Law - Question 12
The Bombay High Court's assessment of the Maharashtra Animal Preservation Act focused on the violation of the right to privacy concerning food choices. The court equated the right to privacy with the right to choose one's food preferences, emphasizing individual autonomy in dietary decisions.
Test: Procedure Established by Law and Due Process of Law - Question 13
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What legal concept did the Supreme Court of India reject in the context of Rajbala v. Haryana?
Detailed Solution for Test: Procedure Established by Law and Due Process of Law - Question 13
In Rajbala v. Haryana, the Supreme Court of India rejected the concept of substantive due process. This rejection occurred within the framework of assessing the Haryana Panchayati Raj (Amendment) Act, emphasizing that statutes could not be invalidated solely based on being arbitrary, unless there was a specific constitutional violation apparent.
Test: Procedure Established by Law and Due Process of Law - Question 14
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According to the judgment in Selvi v. State of Karnataka, which tests were deemed unconstitutional without the subject's voluntary consent?
Detailed Solution for Test: Procedure Established by Law and Due Process of Law - Question 14
In Selvi v. State of Karnataka, tests like narco-analysis, lie-detector, polygraph, and brain-mapping were declared unconstitutional without the subject's voluntary consent. The judgment emphasized the importance of voluntary consent in such tests to uphold the right against self-incrimination and the concept of due process of law.
Test: Procedure Established by Law and Due Process of Law - Question 15
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What fundamental right was highlighted by the court as being safeguarded by Article 21 of the Constitution in the Selvi v. State of Karnataka case?
Detailed Solution for Test: Procedure Established by Law and Due Process of Law - Question 15
The judgment in Selvi v. State of Karnataka underscored that the notion of "personal liberty" safeguarded by Article 21 of the Constitution includes the right against self-incrimination. This right is crucial in protecting individuals from being compelled to be witnesses against themselves.
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