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Which of the following have been identified as the ground for judicial review in the exercise of Power of Pardon by the President of India or Governor of a state?<br>1. That the order has been passed without application of mind.<br>2. That the order is malafide.<br>3. That the order is based on extraneous or wholly irrelevant considerations.<br>4. That the order suffers from arbitrariness.
A
1, 3 and 4
B
2, 3 and 4
C
1, 2 and 4
D
1, 2, 3 and 4
Correct Answer:
1, 2, 3 and 4
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
In which celebrated judgment, did the Hon'ble Supreme Court classified the witnesses into three categories (i) wholly reliable, (ii) wholly unreliable, (iii) neither wholly reliable nor wholly unreliable?
A
AIR 1957 SC 614, Vadivelu Thevar v. State of Madras
B
AIR 1974 SC 275, Guli Chand & Ors. v. State of Rajasthan
C
AIR 2012 SC 1357, Ramnaresh & Ors. v. State of Chhattisgarh
D
(1994) 2 SCC 467, Bheru Singh v. State of Rajasthan
Which of the following is a ground for judicially attacking the exercise of administrative discretion?
1. Ultra vires the law
2. Mala fide intent
3. Arbitrariness
4. Irrelevant considerations
A
1 and 2 are correct
B
2 and 3 are correct
C
1, 2 and 3 are correct
D
1, 2, 3 and 4 are correct
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
1. Power conferred upon the President under Article 123 is legislative in character and the satisfaction of the President is immune from judicial review.
2. An Ordinance promulgated under Article 123 must be laid before the Parliament, which is a mandatory constitutional obligation cast upon the government.
3. An Ordinance promulgated in exercise of powers under Article 123 cannot create enduring rights in favour of individuals
4. Re-promulgation of an Ordinance is a fraud on the Constitution.
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
'The power of the President to grant pardon is an independent power distinct from judicial power. It is not judiciable on its merits. Only the area and scope of President's power under Article 72 can be examined by the court", was held by the Supreme Court in:
A
State of Punjab v. Joginder Singh
B
Kehar Singh v. Union of India
C
Maru Ram v. Union of India
D
All of the above
Following are the powers of the Prime Minister in relation to the President:
1. He communicates all the decisions of the Council of Ministers to the President
2. He supplies such information to the President regarding proposals of legislation and administration of the Union as the President may need
3. He signs the Bill passed by the two Houses of the Parliament on behalf of the President during his absence
4. He assists the President in making all the appointments
The correct form of listing is
A
1, 2 and 3 only
B
2, 3 and 4 only
C
1, 2 and 4 only
D
1, 2, 3 and 4
PRINCIPLES: 1. Nothing is an offence which is done in the exercise of the right of private defense.
2. When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of that person or by reason of misconception on the part of that person, every person has the same right of private defense against that act, which he would have if that act were an offence.
3. Everyone has the right to defend their life and property against criminal harm provided it is not possible to approach public authorities and more harm than that is necessary has not been caused to avert the danger.
4. If in the exercise of right of private defense against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defense extends to the running of that risk.
5. The right of private defense continues as long as apprehension of danger continues.
FACT: A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a housebreaker, attacks A.
A
A has no right of private defense because it is available against an offender only
B
A has the same right of private defense against Z, which he would have had if Z was not acting under a misconception
C
A has exceeded his right of private defense
D
None of the above
Consider the following statements:
1. After the President of India has asked the Council of Ministers to reconsider the advice given by the Council of Ministers, the President may not act in accordance with the advice rendered after such reconsideration.
2. The President of India can grant pardon under Article 72 of the Constitution of India, to any person convicted of any offence.
Which of the statements given above is/are correct?
A
1 only
B
2 only
C
Both 1 and 2
D
Neither 1 nor 2
Assertion (A): The President of India has the power to grant pardon, reprieve, respite or remission of punishment or to suspend, remit or commute sentence.
Reason (R): The President exercises not only executive functions but also judicial and legislative functions.
A
Both A and R are true and R is correct explanation of A
B
Both A and R are true but R is not correct explanation of A
C
A is true but R is false
D
A is false but R is true
Consider the following statements:
The analysis of the Article 73 of the Constitution of India which deals with the extent of executive power of the Union, discloses that:
1. The executive power of the Union extends to all matters with respect to which the Parliament has the power to make laws
2. For the exercise of the said executive power it is not necessary that the Parliamentary law must be in existence
3. The Government of India may also exercise such authority available under any treaty
Which of the statements given above are correct?
A
1 and 2
B
2 and 3
C
1 and 3
D
1, 2 and 3