OCS Paper 1

Q. 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

(A) I is correct and II is not correct
(B) II is correct and I is not correct
(C) Both I and II are correct
(D) Both I and II are not correct

Question from Odisha OCS Paper 1 2024

The correct answer is (D) Both I and II are not correct.

Explanation:

1. ‘Due Process of Law’:

This concept ensures that not only the legal procedures are followed, but also that the law itself is just, fair, and reasonable. It protects individual rights and fairness in the application of laws. Therefore, Statement I is incorrect because it wrongly states that ‘Due Process of Law’ focuses only on formal adherence to legal procedures.

2. ‘Procedure established by Law’:

This concept means that a law duly enacted by the legislature must be followed, even if the law is unjust or unfair. It does not inherently emphasize fairness or protection of individual rights unless explicitly stated in the law. Therefore, Statement II is incorrect because it wrongly attributes fairness and protection of individual rights to ‘Procedure established by Law’.

Thus, both statements are incorrect.

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