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Which of the following statements about Article 20(1) of the Constitution of India is/are correct?
1. It contains a provision against ex post facto legislation.
2. A legislation shall not be competent to make a criminal law retrospective.
Select the answer using the code given below.
Explanation
Article 20(1) of the Indian Constitution provides protection against ex post facto laws. It stipulates that no person shall be convicted of any offence except for the violation of a law in force at the time of the commission of the act. This ensures that the legislature cannot retrospectively create a criminal offence (Statement 1 is correct).
Additionally, Article 20(1) prohibits the imposition of a penalty greater than what was prescribed by law at the time the act was committed. In constitutional terms, this means the legislature is not competent to make a criminal law retrospective if it creates an offence or increases punishment, as such an act would violate fundamental rights (Statement 2 is correct). It is important to note that this protection applies only to criminal laws and not to civil or tax liabilities.
SIMILAR QUESTIONS
Which of the following statements regarding Article 21 of the Constitution of India is/are correct? 1. Article 21 is violated when the under-trial prisoners are detained under judicial custody for an indefinite period. 2. Right to life is one of the basic human rights and not even the State has the authority to violate that right. 3. Under Article 21, the right of a woman to make reproductive choices is not a dimension of personal liberty. Select the correct answer using the code given below.
With reference to the provisions contained in Part IV of the Constitution of India, which of the following statements is/are correct ? 1. They shall be enforceable by courts. 2. They shall not be enforceable by any court. 3. The principles laid down in this part are to influence the making of laws by the State. Select the correct answer using the code given below :
Which of the following statements with regard to Article 19(1) of the Constitution of India is/are correct ? 1. Freedoms under this Article are not absolute 2. Reasonable restrictions can be imposed on the exercise of freedoms under this Article Select the answer using the code given below :
Which of the following statements is/are correct ? 1. Article 15 of the Constitution of India is available to both citizens of India and the foreignere 2. Article 16 of the Constitution of India ia available to the citizeno of India only 3. Article 21 of the Constitution of India is available to both citizens of India and the foreigners alike within the territory of India Select the correct answer using the code given below :
Which of the following statements are correct about the Constitution of India ? 1. Powers of the Municipalities are given in Part IX A of the Constitution. 2. Emergency provisions are given in Part XVIII of the Constitution. 3. Provisions related to the amendment of the Constitution are given in Part XX of the Constitution. Select the answer using the code given below :