GK
INDIAN POLITICS
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Question
[CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
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the judges in India cannot questionthe fairness or validity of a law, provided it is within the limits of the constitution
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judges in India can questionthe fairness or validity of an undue law even if it is within the limits of the constitution
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judges in India can declare a law invalid simply because in their opinion the law is not due or is unjust
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None of the above
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Detailed explanation-1: -A procedure established by law is passed by the Parliament would be valid if it had undergone the proper procedure, while due process of law theory challenges not only whether an existing law takes away a person’s life and freedom but also inquires whether the law is unbiased and not unplanned.
Detailed explanation-2: -It means that a law that is duly enacted by the legislature or the concerned body is valid if it has followed the correct procedure. Following this doctrine means that, a person can be deprived of his life or personal liberty according to the procedure established by law.
Detailed explanation-3: -The landmark ruling in Maneka Gandhi versus Union of India, which stands as a bulwark of the Right of Personal Liberty granted by Article 21 of the Constitution, started when the passport of the petitioner in this case, was impounded by the authorities under the provisions of the Passport Act.