Comprehension
Human liberty is a precious constitutional value; it is as tenuous as tenuous can be. Liberty survives by the vigilance of her citizens, on the cacophony of the media and in the dusty corridors of courts alive to the rule of (and not by) law. The doors of the court cannot be closed to a citizen who is able to establish prima facie that the instrumentality of the State is being weaponized for using the force of criminal law to the detriment of human liberty. The basic entitlement of every citizen who is faced with allegations of criminal wrongdoing, is that the investigative process should be fair. This is an integral component of the guarantee against arbitrariness under Article 14 and of the right to life and personal liberty under Article 21. The Supreme Court considered the given principle in Arnab Manoranjan Goswami v. State of Maharashtra, [AIR 2021 SC 1], which binds that the courts must be alive to the need to safeguard the public interest while ensuring that the due enforcement of criminal law is not obstructed. The fair investigation of crime is an aid to it. Equally it is the duty of courts across the spectrum-the district judiciary, the High Courts and the Supreme Court to ensure that the criminal law does not become a weapon for the selective harassment of citizens. The inherent power of the High Court must be construed as an aid to preserve the constitutional value of liberty. The writ of liberty runs through the fabric of the Constitution. The need to ensure fair investigation of crime is undoubtedly important in itself, because it protects at one level, the rights of the victim and, at a more fundamental level, the societal interest in ensuring that crime is investigated and dealt in accordance with law. On the other hand, the misuse of the criminal law is a matter of which the courts in this country must be alive
Question: 1
Which of the following statements regarding human liberty is untrue?
Which of the following statements regarding human liberty is untrue?
Updated On: Jul 11, 2024
- Liberty is a precious constitutional right.
- Liberty is a limited fundamental right.
- Liberty is a fragile concept
- Liberty is an infrangible concept.
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The Correct Option is D
Solution and Explanation
The correct option is (D) : Liberty is an infrangible concept
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Question: 2
The liberty of a citizen is alive because of lively ______
The liberty of a citizen is alive because of lively ______
Updated On: Aug 23, 2024
- Media
- Judiciary
- Media and Judiciary
- Executive and Legislature.
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The Correct Option is C
Solution and Explanation
The correct option is (C) : Media and Judiciary
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Question: 3
Consider the given statements.
(I) For seeking the intervention of the court, the petitioner has to prima facie establish that the State agency has misused the force of criminal law which causes casualty for the human liberty.
(II) The deprivation of liberty via rule by law is bearable up to twenty-four hours. Choose the correct answer from the code given below.
Consider the given statements.
(I) For seeking the intervention of the court, the petitioner has to prima facie establish that the State agency has misused the force of criminal law which causes casualty for the human liberty.
(II) The deprivation of liberty via rule by law is bearable up to twenty-four hours. Choose the correct answer from the code given below.
(I) For seeking the intervention of the court, the petitioner has to prima facie establish that the State agency has misused the force of criminal law which causes casualty for the human liberty.
(II) The deprivation of liberty via rule by law is bearable up to twenty-four hours. Choose the correct answer from the code given below.
Updated On: Aug 22, 2024
- Both (I) and (II) are true
- Both (I) and (II) are untrue
- (I) is true and (II) is untrue.
- (II) is true and (I) is untrue
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The Correct Option is C
Solution and Explanation
The correct option is (C) : (I) is true and (II) is untrue.
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Question: 4
The fair investigation in a criminal trial is a guarantee ______
The fair investigation in a criminal trial is a guarantee ______
Updated On: Aug 23, 2024
- Against arbitrariness
- Of right to life and personal liberty
- Against arbitrariness and of right to life and personal liberty.
- Of political justice
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The Correct Option is C
Solution and Explanation
The correct option is (C) : Against arbitrariness and of right to life and personal liberty.
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Question: 5
Ensuring that the crime is fairly investigated and dealt in accordance with the rule of law, is fundamentally a matter of________
Ensuring that the crime is fairly investigated and dealt in accordance with the rule of law, is fundamentally a matter of________
Updated On: Jul 19, 2024
- Legal interest
- Social interest
- Political interest
- Economic interest.
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The Correct Option is B
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The correct option is (B) : Social interest
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Question: 6
In the given excerpt, for the protection of human liberty, the Court has given emphasis on____
In the given excerpt, for the protection of human liberty, the Court has given emphasis on____
Updated On: Jul 11, 2024
- Role of society
- Role of the courts at all levels
- Balance between the due enforcement and preventing misuse of criminal law.
- Both (B) and (C).
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The Correct Option is D
Solution and Explanation
The correct option is (D) : Both (B) and (C)
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