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Question 1 of 5
1. Question
Consider the following statements regarding pro- tem speaker.
- The Constitution of India gives the Governor the power to appoint a pro-tem Speaker in the state legislature.
- Powers of the Speaker pro-tem are not co-extensive with the powers of elected Speaker.
Which of the above statements is/are correct?
Correct
Solution: a)
Article 180 (1) of the Constitution gives the Governor the power to appoint a pro-tem Speaker. The Article says that if the chair of the Speaker falls vacant and there is no Deputy Speaker to fill the position, the duties of the office shall be performed “by such member of the Assembly as the Governor may appoint for the purpose”.
The powers of a pro-tem Speaker are wide. The Bombay High Court in its 1994 judgement in the Surendra Vassant Sirsat case holds that a pro-tem is Speaker of the House “for all purposes with all powers, privileges and immunities” until the Speaker is elected.
The Odisha High Court also agreed in the Godavaris Misra versus Nandakisore Das, Speaker, Orissa Legislative Assembly case when it said the “powers of the Speaker pro-tem are co-extensive with the powers of elected Speaker”.
Incorrect
Solution: a)
Article 180 (1) of the Constitution gives the Governor the power to appoint a pro-tem Speaker. The Article says that if the chair of the Speaker falls vacant and there is no Deputy Speaker to fill the position, the duties of the office shall be performed “by such member of the Assembly as the Governor may appoint for the purpose”.
The powers of a pro-tem Speaker are wide. The Bombay High Court in its 1994 judgement in the Surendra Vassant Sirsat case holds that a pro-tem is Speaker of the House “for all purposes with all powers, privileges and immunities” until the Speaker is elected.
The Odisha High Court also agreed in the Godavaris Misra versus Nandakisore Das, Speaker, Orissa Legislative Assembly case when it said the “powers of the Speaker pro-tem are co-extensive with the powers of elected Speaker”.
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Question 2 of 5
2. Question
Consider the following statements regarding Fundamental Duties incorporated in the Constitution.
- All Fundamental Duties were incorporated in Part IV-A of the Constitution by the Constitution 42nd Amendment Act, 1976.
- They are not enforceable by law, but a court may take them into account while adjudicating on a matter.
- The concept of Fundamental Duties is taken from the Constitution of Russia.
Which of the above statements is/are correct?
Correct
Solution: c)
The Fundamental Duties were incorporated in Part IV-A of the Constitution by the Constitution 42nd Amendment Act, 1976. Today, there are 11 Fundamental Duties described under Article 51-A, of which 10 were introduced by the 42nd Amendment and the 11th was added by the 86th Amendment in 2002.
These are statutory duties, not enforceable by law, but a court may take them into account while adjudicating on a matter. The idea behind their incorporation was to emphasise the obligation of the citizen in exchange for the Fundamental Rights that he or she enjoys. The concept of Fundamental Duties is taken from the Constitution of Russia.
Incorrect
Solution: c)
The Fundamental Duties were incorporated in Part IV-A of the Constitution by the Constitution 42nd Amendment Act, 1976. Today, there are 11 Fundamental Duties described under Article 51-A, of which 10 were introduced by the 42nd Amendment and the 11th was added by the 86th Amendment in 2002.
These are statutory duties, not enforceable by law, but a court may take them into account while adjudicating on a matter. The idea behind their incorporation was to emphasise the obligation of the citizen in exchange for the Fundamental Rights that he or she enjoys. The concept of Fundamental Duties is taken from the Constitution of Russia.
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Question 3 of 5
3. Question
Consider the following statements regarding Law Commission of India.
- The Law Commission of India is a statutory body constituted by the Government of India from time to time.
- The commission is re-constituted every five years.
- The Law Commission shall suo-motu, undertake research in law and review of existing laws in India.
Which of the above statements is/are incorrect?
Correct
Solution: a)
The Law Commission shall, on a reference made to it by the Central Government or suo-motu, undertake research in law and review of existing laws in India for making reforms therein and enacting new legislations. It shall also undertake studies and research for bringing reforms in the justice delivery systems for elimination of delay in procedures, speedy disposal of cases, reduction in cost of litigation etc.
The Law Commission of India is a non-statutory body constituted by the Government of India from time to time. The Commission was originally constituted in 1955 and is re-constituted every three years.
The various Law Commission have been able to make important contribution towards the progressive development and codification of Law of the country.
The Law Commission will be constituted for a period of three years from the date of publication of its Order in the Official Gazette.
Incorrect
Solution: a)
The Law Commission shall, on a reference made to it by the Central Government or suo-motu, undertake research in law and review of existing laws in India for making reforms therein and enacting new legislations. It shall also undertake studies and research for bringing reforms in the justice delivery systems for elimination of delay in procedures, speedy disposal of cases, reduction in cost of litigation etc.
The Law Commission of India is a non-statutory body constituted by the Government of India from time to time. The Commission was originally constituted in 1955 and is re-constituted every three years.
The various Law Commission have been able to make important contribution towards the progressive development and codification of Law of the country.
The Law Commission will be constituted for a period of three years from the date of publication of its Order in the Official Gazette.
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Question 4 of 5
4. Question
Consider the following statements regarding the functions of the Law Commission of India.
- Identify laws which are no longer needed or relevant and can be immediately repealed.
- Suggest such legislations as might be necessary to implement the Directive Principles and to attain the objectives set out in the Preamble of the Constitution.
- Consider the requests for providing research to any foreign countries as may be referred to it by the Government through Ministry of Law and Justice.
- Take all such measures as may be necessary to harness law and the legal process in the service of the poor.
Which of the above statements is/are correct?
Correct
Solution: d)
The Law Commission of India shall, inter-alia,: –
- identify laws which are no longer needed or relevant and can be immediately repealed;
- examine the existing laws in the light of Directive Principles of State Policy and suggest ways of improvement and reform and also suggest such legislations as might be necessary to implement the Directive Principles and to attain the objectives set out in the Preamble of the Constitution;
- consider and convey to the Government its views on any subject relating to law and judicial administration that may be specifically referred to it by the Government through Ministry of Law and Justice (Department of Legal Affairs);
- Consider the requests for providing research to any foreign countries as may be referred to it by the Government through Ministry of Law and Justice (Department of Legal Affairs);
- take all such measures as may be necessary to harness law and the legal process in the service of the poor;
revise the Central Acts of general importance so as to simplify them and remove anomalies, ambiguities and inequities;
Incorrect
Solution: d)
The Law Commission of India shall, inter-alia,: –
- identify laws which are no longer needed or relevant and can be immediately repealed;
- examine the existing laws in the light of Directive Principles of State Policy and suggest ways of improvement and reform and also suggest such legislations as might be necessary to implement the Directive Principles and to attain the objectives set out in the Preamble of the Constitution;
- consider and convey to the Government its views on any subject relating to law and judicial administration that may be specifically referred to it by the Government through Ministry of Law and Justice (Department of Legal Affairs);
- Consider the requests for providing research to any foreign countries as may be referred to it by the Government through Ministry of Law and Justice (Department of Legal Affairs);
- take all such measures as may be necessary to harness law and the legal process in the service of the poor;
revise the Central Acts of general importance so as to simplify them and remove anomalies, ambiguities and inequities;
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Question 5 of 5
5. Question
Consider the following statements.
- A citizen’s right to own private property is a human right.
- Right to private property ceased to be a fundamental right with the 42nd Constitution Amendment.
Which of the above statements is/are correct?
Correct
Solution: a)
A citizen’s right to own private property is a human right. The state cannot take possession of it without following due procedure and authority of law, the Supreme Court has held in a judgment.
The state cannot trespass into the private property of a citizen and then claim ownership of the land in the name of ‘adverse possession’, the court said.
Property ceased to be a fundamental right with the 44th Constitution Amendment in 1978. Nevertheless, Article 300A required the state to follow due procedure and authority of law to deprive a person of his or her private property, the Supreme Court said.
Incorrect
Solution: a)
A citizen’s right to own private property is a human right. The state cannot take possession of it without following due procedure and authority of law, the Supreme Court has held in a judgment.
The state cannot trespass into the private property of a citizen and then claim ownership of the land in the name of ‘adverse possession’, the court said.
Property ceased to be a fundamental right with the 44th Constitution Amendment in 1978. Nevertheless, Article 300A required the state to follow due procedure and authority of law to deprive a person of his or her private property, the Supreme Court said.
