INSIGHTS STATIC QUIZ 2020 - 21
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Question 1 of 5
1. Question
If State laws on subjects mentioned in the Concurrent List conflict with a Central Law, which of these follows?
- The state law prevails over the Central law if the State legislature passes it again with special majority.
- In most cases, the matter is moved to the Supreme Court which decides on the validity of the respective laws in the larger national interest.
Which of the above statements is/are correct?
Correct
Solution: d)
The Constitution provides a scheme for demarcation of powers through three ‘lists’ in the seventh schedule. But, the Constitution also provides primacy to Parliament on concurrent list items: if there is a conflict, a central law will override a state law, i.e. the provisions of the state law will not take effect.
There is no provision of the intervention of either the SC or the Governor in case this is an ordinary matter. If there are constitutional issues involved in the passing of a law, the Supreme court may participate, but the only to ensure the validity of the law, and not to say that the state law reigns over the Central law (which would be unconstitutional).
Incorrect
Solution: d)
The Constitution provides a scheme for demarcation of powers through three ‘lists’ in the seventh schedule. But, the Constitution also provides primacy to Parliament on concurrent list items: if there is a conflict, a central law will override a state law, i.e. the provisions of the state law will not take effect.
There is no provision of the intervention of either the SC or the Governor in case this is an ordinary matter. If there are constitutional issues involved in the passing of a law, the Supreme court may participate, but the only to ensure the validity of the law, and not to say that the state law reigns over the Central law (which would be unconstitutional).
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Question 2 of 5
2. Question
Consider the following statements.
- The constitution gives Parliament the power to restrict free trade between and within states on grounds of public interest.
- No law or regulating powers of the Union and of the States with regard to trade and commerce can give arbitrary preference to one state over another.
Which of the above statements is/are correct?
Correct
Solution: c)
The constitution states that “Subject to the other provisions, trade, commerce and intercourse throughout the territory of India shall be free.”
- Article 302 gives Parliament the power to restrict free trade between and within states on grounds of public interest.
Article 303 (a) then imposes a most-favoured nation type obligation on both Parliament and state legislatures; that is no law or Regulation powers of the Union and of the States with regard to trade and commerce can give arbitrary preference to one state over another.
Incorrect
Solution: c)
The constitution states that “Subject to the other provisions, trade, commerce and intercourse throughout the territory of India shall be free.”
- Article 302 gives Parliament the power to restrict free trade between and within states on grounds of public interest.
Article 303 (a) then imposes a most-favoured nation type obligation on both Parliament and state legislatures; that is no law or Regulation powers of the Union and of the States with regard to trade and commerce can give arbitrary preference to one state over another.
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Question 3 of 5
3. Question
The first Law Commission was established, under the Chairmanship of Lord Macaulay which recommended codification of the Penal Code and the Criminal Procedure Code, by the
Correct
Solution: b)
Law Reform in the ancient period was ad hoc and not institutionalised.
However, since the third decade of the nineteenth century, Law Commissions were constituted by the Government from time to time.
- The first law commission was established in 1834 under the Charter Act of 1833.
- Thereafter, the second, third and fourth Law Commissions were constituted in 1853, 1861 and 1879 respectively helped adapt English Laws to Indian conditions.
- The First Law Commission of Independent India in 1955 with the then Attorney-General of India, Mr. M. C. Setalvad, as its Chairman.
Incorrect
Solution: b)
Law Reform in the ancient period was ad hoc and not institutionalised.
However, since the third decade of the nineteenth century, Law Commissions were constituted by the Government from time to time.
- The first law commission was established in 1834 under the Charter Act of 1833.
- Thereafter, the second, third and fourth Law Commissions were constituted in 1853, 1861 and 1879 respectively helped adapt English Laws to Indian conditions.
- The First Law Commission of Independent India in 1955 with the then Attorney-General of India, Mr. M. C. Setalvad, as its Chairman.
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Question 4 of 5
4. Question
Consider the following statements.
- The Chief Election Commissioner and the two Election Commissioners draw salaries and allowances at par with those of the Judges of the Supreme Court of India.
- The Chief Election Commissioner or an Election Commissioner holds office for a term of four years from the date on which he assumes his office.
- The Cabinet Committee on Political Affairs allocates the business amongst the Chief Election Commissioner and their Election Commissioners.
Which of the above statements is/are correct?
Correct
Solution: a)
Statement 1: They have similar privileges and perks as that of a SC judge of India.
Statement 2: It is six years.
Statement 3: The Election Commission may be by unanimous decision, regulate the procedure for transaction of to business as also allocation of its business amongst the Chief Election Commissioner and their Election Commissioners.
Incorrect
Solution: a)
Statement 1: They have similar privileges and perks as that of a SC judge of India.
Statement 2: It is six years.
Statement 3: The Election Commission may be by unanimous decision, regulate the procedure for transaction of to business as also allocation of its business amongst the Chief Election Commissioner and their Election Commissioners.
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Question 5 of 5
5. Question
Consider the following with reference to the Chairman of the Legislative Council of a State.
- He is nominated by the Governor on the recommendation of the Council of Ministers.
- His salary and allowances are not subject to the annual vote of the state legislature as they are charged on the Consolidated Fund of the State.
Which of the above statements is/are correct?
Correct
Solution: b)
The Chairman is elected by the council itself from amongst its members.
As a presiding officer, the powers and functions of the Chairman in the council are similar to those of the Speaker in the assembly.
As in the case of the Speaker, the salaries and allowances of the Chairman are also fixed by the state legislature. They are charged on the Consolidated Fund of the State and thus are not subject to the annual vote of the state legislature.
Incorrect
Solution: b)
The Chairman is elected by the council itself from amongst its members.
As a presiding officer, the powers and functions of the Chairman in the council are similar to those of the Speaker in the assembly.
As in the case of the Speaker, the salaries and allowances of the Chairman are also fixed by the state legislature. They are charged on the Consolidated Fund of the State and thus are not subject to the annual vote of the state legislature.
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