Part of: Miscellaneous Indian Gk set 295

A fair trial is ensured by .....

Category: Miscellaneous Indian Gk

Hint: Consider the fundamental rights section of the Indian Constitution.

Correct Answer: B) Article 21.

Exam Relevance: UPSC, SSC, Banking Exams, CLAT

Difficulty: Easy

Explanations:

The Indian Constitution, a comprehensive document that outlines the fundamental rights and duties of citizens, includes several provisions that ensure justice and fair treatment under the law. Among these, Article 21 is particularly significant as it guarantees the right to life and personal liberty. This right is not limited to the mere existence of life but encompasses a wide range of rights that are essential for the enjoyment of life with dignity.

Article 21 of the Indian Constitution states: "No person shall be deprived of his life or personal liberty except according to procedure established by law." This article is a fundamental right that is protected under Part III of the Constitution. The Supreme Court of India has interpreted this article to include the right to a fair trial, which is a crucial aspect of ensuring justice and due process.

The right to a fair trial is an essential component of the right to life and personal liberty. It ensures that individuals are treated fairly and justly by the legal system. This includes the right to be informed of the charges, the right to a speedy trial, the right to legal representation, and the right to be presumed innocent until proven guilty. These principles are derived from the broader interpretation of Article 21 and are essential for maintaining the integrity of the legal system.

It is important to note that while Article 21 does not explicitly mention the right to a fair trial, the Supreme Court has interpreted this article to include such a right. This interpretation is based on the principle that the right to life and personal liberty would be meaningless without the right to a fair trial. The court has emphasized that the procedure established by law must be just, fair, and reasonable, and must not be arbitrary, fanciful, or oppressive.

Other articles in the Indian Constitution, such as Article 43, Article 33, and Article 35, deal with different aspects of governance and rights but are not directly related to the right to a fair trial. For instance, Article 43 pertains to the living wage for workers, Article 33 deals with the modification of rights of military personnel, and Article 35 pertains to the amendment of the Constitution. These articles, while important, do not address the specific issue of ensuring a fair trial.

In conclusion, Article 21 of the Indian Constitution is the correct answer as it guarantees the right to life and personal liberty, which includes the right to a fair trial. This article is a fundamental right that ensures that no person is deprived of their life or personal liberty except according to the procedure established by law, thereby upholding the principles of justice and due process.

Option Analysis:
  • Option A: This option is incorrect. Article 43 of the Indian Constitution pertains to the living wage for workers and is not related to the right to a fair trial.
  • Option B: This option is correct. Article 21 of the Indian Constitution guarantees the right to life and personal liberty, which includes the right to a fair trial. This article ensures that no person is deprived of their life or personal liberty except according to the procedure established by law.
  • Option C: This option is incorrect. Article 33 of the Indian Constitution deals with the modification of rights of military personnel and is not related to the right to a fair trial.
  • Option D: This option is incorrect. Article 35 of the Indian Constitution pertains to the amendment of the Constitution and is not related to the right to a fair trial.

Mnemonic: 21 for Life and Liberty

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