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

This question was previously asked in
OPSC OAS (Preliminary) Exam (GS) Official Paper-I (Held On: 15 Dec, 2024)
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  1. I is correct and II is not correct
  2. II is correct and I is not correct
  3. Both I and II are correct
  4. Both I and II are not correct

Answer (Detailed Solution Below)

Option 4 : Both I and II are not correct
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Detailed Solution

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The correct answer is Option 4

Key Points

  • 'Due Process of Law' is a legal principle that ensures fair treatment through the normal judicial system, especially as a citizen's entitlement.
  • 'Procedure established by Law' means that a law that is duly enacted by the legislature or the concerned body is valid if it has followed the correct procedure.
  • In 'Due Process of Law', the focus is on both the law and the procedures it is enacted through being fair and just.
  • 'Procedure established by Law' does not require the law to be fair, only that it must have been properly enacted.

Additional Information

  •  'Due Process of Law' actually emphasizes the protection of individual rights and fairness in the application of law and legal proceedings.
  • 'Procedure established by Law' focuses on the adherence to the legal procedures established by the government.
  • Neither statement (i) nor statement (ii) is correct as per the definitions provided above.
  • This is not a valid option according to the question's structure.
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