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Which of the following statements are correct regarding "due process of law"?
1. The phrase “due process of law” is not mentioned anywhere in the Indian Constitution.
2. It protects individuals against arbitrary executive actions but not against arbitrary legislative actions.
3. The Supreme Court of India followed both "procedures established by law and the due process of law".
Select the correct answer using the code given below.
1 and 3 only
1, 2 and 3
1 and 2 only
2 and 3 only
?? Due Process of Law Due process requires the court to examine not just the procedural legitimacy of legislation, but also whether it is just, fair, and reasonable. The doctrine presents an actual and true image, any unfair methods employed while adopting laws are deemed invalid. The phrase “due process of law” is not mentioned explicitly anywhere in the Indian Constitution. It has a wider scope as it not only checks if the procedure is according to the law but also if the law is just and fair. Hence statement 1 is correct. ?? Individuals are protected by due process of law not only against arbitrary executive actions but also from arbitrary legislative actions. Hence statement 2 is not correct. ?? The Supreme Court of India follows a mix of both procedures established by law and the due process of law. It sometimes follows the basic procedure defined by law, while other times it puts the law to the test in accordance with the law's due process requirements. Hence statement 3 is correct. ?? In the ADM Jabalpur v. ShivKant Shukla case (Habeas Corpus case), 1976 the honourable Supreme Court followed the process of procedure established by law. In Maneka Gandhi v. Union of India,1978 the Supreme Court gave its judgement based on the due process of law. The court ruled that the behaviour in question was illegal. It highlighted that the reasoning behind legislation is more essential than the process. ?? In the K.S. Puttaswamy case, The Supreme Court stated that the word "due process of law" poses interpretation challenges and is vague. It also underlined once more that the phrase was purposely omitted from the language of Article 21 by the Constitution's drafters.
By: Parvesh Mehta ProfileResourcesReport error
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