Consider the following statements:
1.The Article 20 of the constitution of India lays down that no person shall be deprived of his life and personal liberty except according to procedure established by law.
2.The Article 21 of the constitution of India states that no person can be convicted for any offence except for the violence of law in force at the time of the commission of the act charged as an offence.
Which of these statements is/ are correct?
A) 1 only
B) 2 only
C) Both 1 and 2
D) Neither 1 nor 2
Answer
624.3k+ views
Hint: Article 20 gives security in regard to conviction for offenses. Article 21 gives the privilege to life, individual freedom and the option to pass on with dignity.Rights under articles 20 and 21" can't be suspended by any request under article 359.Article 21 of Indian Constitution cannot be suspended during crisis.
Complete answer:
Article 20-Article 20 (1) says that no individual will be indicted for any offense aside from infringement of a law in power at the hour of the commission of the Act charged as an offense, nor be exposed to a punishment more prominent than that which may have been dispensed under the law in power at the hour of the commission of the offense. This implies that another law cannot rebuff an old demonstration. Article 20(2) says that no individual will be arraigned and rebuffed for a similar offense more than once. This is called Doctrine of Double Jeopardy. The goal of this article is to evade provocation, which should be caused for progressive criminal procedures, where the individual has carried out just a single wrongdoing.
Article 20(3) of the constitution says that no individual blamed for any offense will be constrained to be an observer against himself. This depends on a legitimate proverb which implies that No man will undoubtedly denounce himself. The charge is dared to be blameless till his blame is demonstrated.
Article 21- No person shall be deprived of his life or personal liberty except according to procedure established by lawThis crucial right is accessible to each individual, residents and outsiders the same.
Article 21 gives two rights:
1.Right to life
2.Right to individual freedom
The essential right given by Article 21 is one of the main rights that the Constitution ensures.
Hence, the correct answer is option (4).
Note:The Supreme Court of India has portrayed article 21 as the 'heart of basic rights'. Article 359 doesn't suspend the rights (aside from Article 20 and Article 21) yet just their enforceability.It just enables the president to suspend the authorization of the predefined Fundamental Rights.
Article 359 operates in case of both External Emergency as well as Internal Emergency.
Complete answer:
Article 20-Article 20 (1) says that no individual will be indicted for any offense aside from infringement of a law in power at the hour of the commission of the Act charged as an offense, nor be exposed to a punishment more prominent than that which may have been dispensed under the law in power at the hour of the commission of the offense. This implies that another law cannot rebuff an old demonstration. Article 20(2) says that no individual will be arraigned and rebuffed for a similar offense more than once. This is called Doctrine of Double Jeopardy. The goal of this article is to evade provocation, which should be caused for progressive criminal procedures, where the individual has carried out just a single wrongdoing.
Article 20(3) of the constitution says that no individual blamed for any offense will be constrained to be an observer against himself. This depends on a legitimate proverb which implies that No man will undoubtedly denounce himself. The charge is dared to be blameless till his blame is demonstrated.
Article 21- No person shall be deprived of his life or personal liberty except according to procedure established by lawThis crucial right is accessible to each individual, residents and outsiders the same.
Article 21 gives two rights:
1.Right to life
2.Right to individual freedom
The essential right given by Article 21 is one of the main rights that the Constitution ensures.
Hence, the correct answer is option (4).
Note:The Supreme Court of India has portrayed article 21 as the 'heart of basic rights'. Article 359 doesn't suspend the rights (aside from Article 20 and Article 21) yet just their enforceability.It just enables the president to suspend the authorization of the predefined Fundamental Rights.
Article 359 operates in case of both External Emergency as well as Internal Emergency.
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