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.
Both 1 and 2
Article 20(1) of the Constitution provides that no person shall be convicted of an offence except for violating a law in force at the time the act was committed, nor be subjected to a penalty greater than what was prescribed by the law then in force — this is the constitutional bar on ex post facto (retrospective) criminal legislation. Statement 1 is correct.
As a direct consequence of this bar, a legislature is not competent to make a criminal law retrospective in its penal effect, i.e., it cannot criminalise an act that was lawful when done, or enhance the punishment for a past act. Statement 2 is correct.
Hence, both statements 1 and 2 are correct.
Similar Questions
The Universal Declaration of Human Rights adopted by the United Nations General Assembly Resolution of 1948 does not include
Which of the following statements about human rights is/are correct?
1. The first generation rights were traditional civil and political rights.
2. The second generation rights are solidarity rights.
Select the answer using the code given below.
Important Questions from Fundamental Rights
Which Article of the Indian Constitution deals with the Right against Exploitation?
The fundamental rights of citizens are embodied in which part of the Indian Constitution?
Right to Education is given in _____ of the Indian Constitution.
According to Article 46, the State shall promote the educational and economic interests of:
Which Fundamental Right in the Indian Constitution states that every person has the right to practice, profess and propagate the religion of their choice?
