Our Constitution isn't just a legal document; it's the blueprint of our democracy. It defines the roles, powers, and duties of our government organs, with the judiciary holding a special place. As the guardian of justice, the judiciary ensures that everyone – from individuals to institutions – plays by the rules.
Independence of Judiciary : The concept of Due Process of law & Procedure established by law in the Indian Constitution
Independence of Judiciary as a Constitutional Safeguard
The judiciary in India derives its powers and functions from the Constitution, which till date remains the fundamental legal text for the functioning of Indian democracy.
➡Article 50 (under DPSPs) of the Indian Constitution lays the rule of independence of judiciary.
➡judiciary's autonomous status, separate from the executive or legislative wings of the government.
➡Independence of judiciary helps in the maintenance of rule of law,
➡Judiciary's independence is linked to its role as the watch-dog in a democracy.
➡ It monitors and maintains the checks and balances over the other arms of the government.
➡its role is important for interpretation of constitution as per the true philosophy
➡Judiciary acts as a guardian of fundamental rights
➡Independence of judiciary is vital for the respect of due process of law.
Due process of law
It means that the State must respect all the legal rights that are owed to a person and confirm to the norms of fairness, liberty, fundamental rights etc.
Difference between Due Process of law and Procedure established by law.
Procedure established by Law | Due Process of Law |
➡Focuses on whether the correct legislative procedure was followed. ➡Courts assess whether the legislature followed the proper procedure but do not question the intent of the law. ➡Narrow coverage ➡British Origin
| ➡Checks if the law is fair, just, and not arbitrary. ➡Courts examine both substantive (lawful) and procedural (reasonable) aspects of the law.
➡Wide coverage ➡American Origin
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MCQ Test on Indian Judiciary, the concept of Due process of law and Procedure established by law.
Conclusion:
As you embark on this MCQ test journey, remember that a deep understanding of the Indian Constitution is essential for aspiring legal professionals. By mastering the principles of judiciary independence and due process, you lay a solid foundation for your future endeavors in the field of law.
All the best for the upcoming test and may your quest for knowledge lead you to greater heights!
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