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Which is the correct position in law on an Ordinance promulgated under Article 123 of the Constitution of India, following the judgment in Krishna Kumar v. State of Bihar, (2017) 3 SCC<br>1. Power conferred upon the President under Article 123 is legislative in character and the satisfaction of the President is immune from judicial review.<br>2. An Ordinance promulgated under Article 123 must be laid before the Parliament, which is a mandatory constitutional obligation cast upon the government.<br>3. An Ordinance promulgated in exercise of powers under Article 123 cannot create enduring rights in favour of individuals<br>4. Re-promulgation of an Ordinance is a fraud on the Constitution.<br>Choose the correct answer from the following:
A
All the four statements are correct
B
2, 3 and 4 only
C
2 and 4 only
D
1 only
Correct Answer:
2, 3 and 4 only
Which of the following statements are not true about the process of Constitutional Amendment in India?
1. The Parliament can amend the Constitution with a special majority.
2. State Assemblies can propose amendment in the Constitution.
3. A Bill for Constitutional Amendment can be introduced only in the Lower House of the Parliament.
4. Deadlock between the two Houses of Parliament over a Bill for Constitutional Amendment can be removed by a joint session of the Parliament.
5. The President of India enjoys the veto power over Constitutional Amendment Bills passed by the Parliament.
Select the correct answer:
A
1, 3 and 4
B
2, 3, 4 and 5
C
1, 4 and 5
D
1, 2, 3 and 4
Consider the following statements.
1. An Ordinance can be Promulgated by the President of India when the House of the People is dissolved.
2. An Ordinance can be promulgated by the Governor to impose reasonable restrictions on the freedoms guaranteed under Article 19 of the Constitution.
3. An Ordinance remains operative for the same period as an Act of Parliament.
4. The same Ordinance can be promulgated more than once if the circumstances so require.
Which of the statements given above are correct?
A
2 and 4 only
B
1 and 2 only
C
1, 2 and 4
D
1 and 3
Which of the following statements regarding the residuary powers in the Constitution of India are correct
1. Residuary powers have been given to the Union Parliament
2. In the matter of residuary powers the Constitution of India follows the Constitution of Australia
3. The final authority to decide whether a particular matter falls under the residuary power or not is Parliament
4. The Government of India Act, 1935 placed residuary powers in the hands of Governor General
A
1, 2 and 3
B
1 and 4
C
2 and 3
D
3 and 4
Which of the following observations on fundamental rights was made by the Supreme Court in K. S. Puttaswamy v. Union of India?
1. There is no overlap between rights enumerated under Article 19 and Article 21 of the Constitution of India.
2. The constitutional values embodied under every Article of Part III of the Constitution of India animates the interpretation of the other.
3. Only Article 21 contains residue of fundamental rights that are not expressly stipulated under Article 19 of the Constitution of India.
Choose the correct option from below:
A
2 and 3 are correct
B
Only 3 is correct
C
Only 2 is correct
D
1 and 2 are correct
Which of the following reasons led to the setting aside of the practice of 'talaqe- biddat', triple talaq in Shayara Bano v. Union of India, (2017) 9 SCC 1?
(1) Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 was a pre-constitutional legislation within the meaning of Article 13(1) and violative of Article 14 of the Constitution of India on the ground of arbitrariness.
(2) Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 was a pre-constitutional legislation within the meaning of Article 13(1) and violative of Article 15 of the Constitution of India, being discriminatory.
(3) Muslim Personal Law (Shariat) Application Act, 1937 is not a law regulating triple talaq but the practice of triple talaq was against the basic tenets of the Holy Quran and no practice against the tenets of Quran was permissible.
(4) 'Talaq-e-biddat' is integral to the religious denomination but the Supreme Court may injunct this practice as a means for severing matrimonial relationship.
A
(1) and (2) only
B
(1), (2) and (3) only
C
(1) and (4) only
D
(1) and (3) only
An Ordinance promulgated by the President under Article 123 of the Constitution shall cease to operate at the expiration of . . . . . . . . from the reassembly of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both the Houses of Parliament and in such case upon the passing of the second of those resolutions; and may be withdrawn at any time by the President.
A
One month
B
Six months
C
Six weeks
D
Two months
Given below are two statements, one labelled as Assertion (A) and the other labelled as Reason (R). Read the statements and choose the correct answer:
Assertion (A): Austinian theory of law does not properly explain constitutional law, customary law and judicial precedents.
Reason (R): Constitutional law, customary law and judicial precedents do not share the same pedigree as statutory law.
A
Both A and R are true and R is the correct explanation of A
B
Both A and R are true, but R is not the correct explanation of A
C
A is true, but R is false
D
A is true, but R is true
According to the provisions of which of the following, the untouchability is abolished and any person practicing untouchability is punishable?
1. The Protection of Civil Rights Act, 1955.
2. The law made by Parliament by virtue of Article 35 of the Constitution of India.
3. The law made by a state legislature.
4. The law made by both the Parliament as well as state legislature by virtue of Article 17 of the Constitution of India.
Select the correct answer:
A
1 and 2 only
B
2 and 3
C
1, 2 and 4
D
3 and 4
Consider the following statements:
1. Parliament shall, while a proclamation of Emergency is in operation, have the power to make laws of the whole or any part of territory of India with respect to any of the matters enumerated in the list
2. Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List
3. Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement, or convention with any other country
4. Parliament has power to legislate with respect to a matter in the State List in the national interest subject to the resolution passed by the Council of States by two-thirds majority
Which of these statements are correct?
A
1, 2 and 3
B
1, 2, 3, and 4
C
1, 3 and 4
D
2 and 4
In the following passage some of the words have been left out. Read the passage carefully and select the correct answer for the given blank out of the four alternatives.
Instead of finding the root cause of_________ of Indians, the British government took to more ____________ measures. Under the Defense of India Act, it gave more power to the police to arrest persons to stop processions with ____________ movements and actions. The Act brought in the Central Legislative Assembly was defeated by one vote. Even then it was to be passed in the form of an ordinance in the "interest of the public." Bhagat Singh who was in hiding all this while, volunteered to throw a bomb in the Central Legislative Assembly where the meeting to pass the ordinance was being held. It was a carefully laid out _________, not to cause death or injury but to _____________ the attention of the government, that the modes of its suppression could no more be tolerated. It was decided that Bhagat Singh and Batukeshwar Dutt would court arrest after throwing the bomb.
It was a carefully laid out _________
A
scam
B
trick
C
trap
D
plot