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प्रश्न
Legal Principle: The doctrine of basic structure in Constitutional jurisprudence means that the Constitution of India has certain basic features that cannot be taken away through amendments by the Parliament. The power of judicial review is a part of the basic structure and it helps the constitutional Courts to determine whether an amendment is against the basic structure or not.
Fact Situation: Parliament proposes an amendment limit the power of appeal against conviction for the offence of Sedition, to be exercised only by the Supreme Court of India.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
विकल्प
The proposed amendment is against the doctrine of the basic structure.
The proposed amendment is unconnected to the doctrine of the basic structure.
The proposed amendment can be reviewed and struck down by the Constitutional Courts.
The proposed amendment is beyond the power of the Parliament.
उत्तर
The proposed amendment can be reviewed and struck down by the Constitutional Courts.
Explanation:
Supreme Court has declared that the basic structure/ features of the constitution is resting on the basic foundation of the constitution. The basic foundation of the constitution is the dignity and the freedom of its citizens which is of supreme importance and can not be destroyed by any legislation of the parliament. Article 136 of the constitution stipulates for special leave petition. Meaning, any person aggrieved of any violation may without any restriction (whether the case is pending in some court, decided or whatever) can approach the Supreme Court under SLP. In addition, if SC finds substance in the SLP then it can hear and dispose of the case.
Hence "The proposed amendment can be reviewed and struck down by the Constitutional Courts." is most appropriate and the proposed amendment can be reviewed and struck down by the constitutional courts.
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संबंधित प्रश्न
In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.
Rules
A. The fundamental right to freedom of association includes the right to form an association as well as not join an association.
B. The fundamental right to freedom of association also includes the freedom to decide with whom to associate. C. The fundamental right to freedom of association does not extend to the right to realise the objectives of forming the association.
D. Fundamental rights are applicable only to laws made by or administrative actions of the State and do not apply to actions of private persons.
E. Any law in contravention of fundamental rights is unconstitutional and therefore cannot bind any person.
Facts
Gajodhar Pharmaceuticals, a private company, offered an employment contract of two years to Syed Monitul Alam. One of the clauses in the employment contract provided that Syed Monirul Alam must join Gajodhar Mazdoor Sangh (GMS), one of the trade unions active in Gajodhar Pharmaceuticals. If Parliament enacts a law that requires a trade union to open its membership to all the employees, then
In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.
Rules
A. The fundamental right to freedom of association includes the right to form an association as well as not join an association.
B. The fundamental right to freedom of association also includes the freedom to decide with whom to associate. C. The fundamental right to freedom of association does not extend to the right to realise the objectives of forming the association.
D. Fundamental rights are applicable only to laws made by or administrative actions of the State and do not apply to actions of private persons.
E. Any law in contravention of fundamental rights is unconstitutional and therefore cannot bind any person.
Facts
Gajodhar Pharmaceuticals, a private company, offered an employment contract of two years to Syed Monitul Alam. One of the clauses in the employment contract provided that Syed Monirul Alam must join Gajodhar Mazdoor Sangh (GMS), one of the trade unions active in Gajodhar Pharmaceuticals. If Gajodhar Pharmaceuticals enter into an agreement with GMS wherein the former agrees to hire only the existing members of GMS as employees, then:
Mark the best option:
The following are enshrined in the Preamble of the Constitution of India.
- Equality of status and of opportunity.
- Liberty of thought, expression, belief, faith, and worship.
- Justice-social, economic and political.
- Fraternity assuring the dignity of the individual.
- Unity and Integrity of the nation.
Which of the following is the correct order in which they appear in the preamble?
Which article is related to Special Address by the president?
Which of the following was the first Governor-General of Bengal?
Which of the following includes freedom of speech and expression?
- Freedom of press.
- Right against tapping of telephonic conversation.
- Right to known about government activities.
- Freedom of silence.
Select the correct answer using the codes given below.
Parliament or a State Legislature in India can declare a seat vacant, if a member absents himself without notice from the session for more than
Who was the first Chief Justice of the Supreme Court of India?
The next three questions consist of two statements, one labeled as 'Assertion' (A) and other as 'Reason' (R). You are to examine these two statements carefully and select the correct answer.
Assertion (A): Austin’s concept of law is known as the imperative theory
Reason (R): Austin emphasized the commanding character of law.
The Right to Equality is guaranteed by
