OPSC OAS 2023 PrelimsPolityQuestion 14
Solved previous year question from the OPSC OAS/OCS 2023 Preliminary Examination (General Studies), with the official answer key and a detailed explanation.
Question
Which of the following statements are correct in respect of ‘Due process of Law’ and ‘Procedure established by Law’?
(I) ‘Due Process of Law’ focuses on the formal adherence to legal procedures set by the Government
(II) ‘Procedure established by Law’ emphasises the protection of individuals Rights and fairness in the application of Law and Legal Proceedings
Which of the statements given above is/are correct?
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Answer & Explanation
Correct answer: (D) Both I and II are not correct
Due Process of Law
- It is a fundamental legal principle that ensures fair treatment through the normal judicial system, particularly as a citizen’s interaction with the legal system and government.
- It’s a critical protection against arbitrary denial of life, liberty, or property.
- Followed in USA
Process Established by Law
- Focuses on formal adherence to legal procedures laid down by the Legislature.
- If Parliament/Legislature has enacted a law following correct procedure, it is valid.
- Courts cannot question the fairness or justness of the law
- Only checks whether proper procedure was followed in enacting the law
- Narrow and technical concept
- Followed in India (Article 21) and Japan
