Consider the following statements: Whenever the question is whether a State Legislation has encroached upon the field of the Union Legislation, the Court will decide the competence of the Legislature and validity, of such legislation by applying 1. Repugnancy 2. Colourable legislation 3. Pith and substance 4. Harmonious construction Which of the statements given above is/are correct?

Which of the following combinations are correctly matched?
1. Territorial Nexus: Object should have territorial connection with the state
2. Pith and substance: The validity of legislation is determined by the degree of invasions into the field
3. Colourable legislation: You cannot do indirectly, what you cannot do directly
4. Repugnancy: Conflicting result are not produced where both the laws are applied to the same facts
Select the correct answer:

A

1, 2 and 4

B

2, 3 and 4

C

1, 3 and 4

D

1, 2 and 3

Which of the following statement/statements is/are correct?
1. Predominance is given to the Union List under Article 246 (1) of Constitution
3. Residuary powers are given to states under the Indian Constitution
3. "Pith and Substance" means the true object of legislation or a statute
4. "Colourable Legislation" means what you can do directly you can also do indirectly

A

Only 1 and 3 are correct

B

1, 2 and 3 are correct

C

2, 3 and 4 are correct

D

1, 2, 3 and 4 all are correct

Matters pertaining to the validity of exercise of legislative power as distributed between the Union and the States under different lists are scrutinized with the help of which of the following principles?
1. Doctrine of Severability
2. Doctrine of Colourable Legislation
3. Doctrine of Eclipse
4. Doctrine of Pith and Substance
Select the correct answer:

A

1 and 2

B

2, 3 and 4

C

2 and 4

D

3 and 4

Which one of the following statements is correct about homogeneous test
1. Validity is dependent upon reliability
2. Reliability is dependent upon validity
3. Reliability and validity are contradictory
4. Poor reliability yields high validity
Select your answer:

A

Only 1

B

All 1, 2, 3 and 4

C

Only 3 and 4

D

Only 2 and 4

Consider the following for the dissolution of trade unions under the Trade Union Act, 1926. Which of the following statement(s) is/are correct?
1. When a registered Trade Union is dissolved, notice of the dissolution is signed by nine members and by the Secretary of the Trade Union.
2. The notice of dissolution must be sent within ten days to the Registrar.
3. Where the dissolution of a registered Trade Union has been registered and the rules of the Trade Union donot provide forthe distribution of funds of the Trade Union on dissolution, the registrar shall divide the funds amongst the members in such manner as may be prescribed.

A

Only 2

B

Only 3

C

Both 1 and 3

D

All of the above

A delegated legislation can be challenged in a court not only on all grounds on which the validity of a legislation can be challenged but also on some more grounds. Point out the ground on which the validity of a legislation can not be challenged.

A

Ultra vires the Constitution

B

Violation of fundamental rights

C

Non-compliance with Article 304(b) of the Constitution of India

D

Non-compliance with the principles of natural justice

Consider the following statements
1. Earlier the Punjab Legislature was bicameral in 1952, comprising the Vidhan Sabha and Vidhan Parishad.
2. In 1959, the strength of the Vidhan Parishad was enhanced from 40 seats to 46.
3. In 1970, the Vidhan Parishad was abolished leaving the state with a unicameral legislature.
Which of the statement(s) given above is/are correct about the Legislature of Punjab?

A

Only 1

B

Only 2

C

Only 3

D

All of these

Consider the following statements:
1. Council of States passes a resolution supported by not less than two-third majority of the members present and voting that it is in the national interest that the Parliament shouldmake law on such matters
2. Council of State and House of the People, both pass a resolution that it is in the national interest that the Parliament should make law on such matter
3. The President gives the prior permission for such legislation
4. Speaker of the House of the people in consultation with Chairman of the Council of States gives the prior permission for such legislation
Which of these statements is/are correct?

A

1 only

B

1, 2 and 3

C

2 and 3

D

1, 2, 3 and 4

Match the following:
1. Territorial nexus : States are bound under the Centre's dominion
2. Pith and Substance : Central and State Acts are distinguished according to their object
3. Colourable Legislation : Everybody is punished for contempt
4. Repugnancy : Where new Acts are enforced, the repealing Acts have no value

A

1, 2 and 4

B

1, 2, 3 and 4

C

1 and 3

D

1, 3 and 4

According to Article 254 of the Constitution of India, Repugnancy between two statutes may thus be ascertained on the following three principles:
1. Whether there is a direct conflict
2. Whether Parliament intended to lay down an exhaustive code in respect of the subject-matter replacing the Act of the State Legislature, and
3. Whether the law made by Parliament and the State Legislature occupied the same field, was held in

A

Deep Chand v. State of Uttar Pradesh, 1959

B

M. Karunanidhi v. Union of India, 1979

C

State of Assam v. Horizon Union, 1967

D

Clyde Engg. Co. v. Cowburn, 1926