SSC Indian Polity and Civics Sample Paper NCERT Sample Paper-2

  • question_answer
    While imparting justice the Supreme Court relies upon the principle of

    A)  Rule of Law

    B)  Procedure established by Law

    C)  Due process of Law

    D)  All the above

    Correct Answer: B

    Solution :

    [b] "Procedure established by law" means a law duly enacted only is valid even if it's contrary to principles of justice and equity. In India a liberal interpretation is made by judiciary after 1978 and it has tried to make the term "Procedure established by law' as synonymous with 'Due process' when it comes to protect individual rights. In Maneka Gandhi vs Union of India case (1978) SC held that - 'Procedure established by law' within the meaning of article 21 must be 'right and just and fair' and 'not arbitrary, fanciful or oppressive' otherwise, it would be no procedure at all and the requirement of Article 21 would not be satisfied. Thus, the 'procedure established by law' has acquired the same significance in India as the 'due process of law' clause in America.

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