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 - Legal Reasoning

Advertisements
Advertisements
MCQ

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

Options

  • 30 days

  • 60 days

  • 90 days

  • 120 days

Advertisements

Solution

120 days

Concept: Indian Constitution (Entrance Exams)
  Is there an error in this question or solution?

RELATED QUESTIONS

One of the reasons for recusal of a Judge is that litigants/the public might entertain a reasonable apprehension about his impartiality. As Lord Chief Justice Hewart said: "It is not merely of some importance but is of fundamental importance that justice should not only be done but should manifestly and undoubtedly be seen to be done." And therefore, in order to uphold the credibility of the integrity institution, Judge recuses from hearing the case. A Judge of the Supreme Court or the High Court, while assuming Office, takes an oath as prescribed under Schedule III to the Constitution of India, that: "… I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws." Called upon to discharge the duties of the Office without fear or favour, affection or ill-will, it is only desirable, if not proper, that a Judge, for any unavoidable reason like some pecuniary interest, affinity or adversity with the parties in the case, direct or indirect interest in the outcome of the litigation, family directly involved in litigation on the same issue elsewhere, the Judge being aware that he or someone in his immediate family has an interest, financial or otherwise that could have a substantial bearing as a consequence of the decision in the litigation, etc., to recuse himself from the adjudication of a particular matter. No doubt, these examples are not exhaustive. The simple question is, whether the adjudication by the Judge concerned, would cause reasonable doubt in the mind of a reasonably informed litigant and fair-minded public as to his impartiality. Being an institution whose hallmark is transparency, it is only proper that the Judge discharging high and noble duties, at least broadly indicate the reasons for recusing from the case so that the litigants or the well-meaning public may not entertain any misunderstanding. Once reasons for recusal are indicated, there will not be any room for attributing any motive for the recusal. To put it differently, it is part of his duty to be accountable to the Constitution by upholding it without fear or favour, affection or ill- will. Therefore, I am of the view that it is the constitutional duty, as reflected in one's oath, to be transparent and accountable, and hence, a Judge is required to indicate reasons for his recusal from a particular case.

Suppose a situation arises where a recusal by a Judge is used as a means to allow a party to choose its own bench, will it be axiomatic from the passage that such recusal is proper, morally or/and constitutionally?


Which one of the following Articles have declared untouchability in any form as unconstitutional? 


Who administers oath of office to the Governor of a State?


Under the Constitution of India 'Right to Pollution Free Environment' has emerged as a fundamental right from the right to­-


Choose the most appropriate option:

Which one of the following is not a Directive Principle of State Policy under Part IV of the Constitution of India?


How many languages are there in the Eighth Schedule of the Constitution of India?


Mark the best option:
The Indian Constitution provides how many methods of amendment?


Mark the best option:
WE THE PEOPLE OF INDIA, having solemnly ...... to constitute India into a sovereign, socialist, secular, democratic republic.


Constitution of India was adopted by the constituent assembly on?


Mark the best option:
Principles: Nothing is an offense which is done by a child under seven years of age.
Facts: A, a child born on January 01, 2005, killed another child B on December 30, 2011.


Supreme Court of India propounded sequence basic doctrine in which of the following case?


Which of the following Article deals with the Finance Commission?


The States of the Indian Union can be reorganised on their boundaries altered by


Under which of the following conditions can citizenship be provided in India?

  1. One should be born in India.
  2. Either of whose parents was born in India.
  3. Who was been ordinary resident of India for not less than five years.

Select the correct answer using the codes given below.


Which of the following Article protects against the arbitrary and excessive punishment to an accused person? 


Which of the following Article lays down no religious instruction shall be provided in any educational institution wholly maintained out of state funds?


Which of the following Article deals with the disqualification of a member of Parliament?


Assertion (A): The right to move the Supreme Court under Article 32 of the Constitution by appropriate proceedings for the enforcement of the fundamental rights is guaranteed as a fundamental right.

Reason (R): Supreme Court of India has been appointed as the guardian of the Constitution.


Which one of the following is not correct?


Which of the following statements is correct?


Share
Notifications



      Forgot password?
Use app×