Planning Commission Has Been Scrapped and Replaced by a New 'Think Tank' Called - Legal Reasoning

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MCQ

Planning Commission has been scrapped and replaced by a new 'Think Tank' called

Options

  • National Institution for Transforming India Aayog

  • National Rural Development Commission 

  • National Commission for Progress and Development 

  • National Research and Development Commission 

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Solution

National Institution for Transforming India Aayog

Concept: Indian Constitution (Entrance Exams)
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RELATED QUESTIONS

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


Direction: The passage given below is followed by a set of question. Choose the most appropriate answer to each question.

Under our Constitution, the Legislature, Executive and Judiciary all have their own broad spheres of operation. Ordinarily it is not proper for any of these three organs of the State to encroach upon the domain of another, otherwise the delicate balance in the Constitution will be upset, and there will be a reaction. Judges must know their limits and must not try to run the Government. They must have modesty and humility, and not behave like Emperors. There is broad separation of powers under the Constitution and each organ of the State the legislature, the executive and the judiciary must have respect for the others and must not encroach into each other’s domains.

The theory of separation of powers first propounded by the French thinker Montesquieu (in his book ‘The Spirit of Laws' broadly holds the field in India too. In chapter XI of his book ‘The Spirit of Laws’ Montesquieu writes:

When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. Again, there is no liberty, if the judicial power is not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression.

In India, the judiciary occupies an important place. The constitution visualizes an independent judiciary to safeguard the rights of citizens. In a democratic polity, the independent judiciary is a sine qua non to the effective functioning of the system. Administration has to function according to the law and the Constitution. The judiciary has an important role to play in protecting the citizen against the arbitrary exercise of power by administration. In the context of ever-expanding activities of government and discretionary powers vested in the various administrative agencies and public officials, the need to protect and safeguard the citizen's rights assumes significance and priority. In developing societies where the state is playing an important role in development, judiciary has a special responsibility to ensure social justice to the underprivileged sections of the community. However, it must be admitted that the courts cannot interfere in the administrative activities on their own accord even if such activities are arbitrary. They act only when their intervention is sought. Judicial intervention is restrictive in nature and limited in its scope.

If Courts enter into executive domain or in matters of policy, which principle or standard will it be violating?


Who can recommend abolition or creation of the Legislative Council in a State?


Consider the following statements and choose the best option:

1. The Chairman of the National Legal Services Authority (NALSA) is the Chief justice of India.

2. Chief justice Mr. justice H L Dattu is the present Chairman of NALSA

3. The Chairman of the National Legal Services Authority (NALSA) is the senior-most Judge (after CJI) of the Supreme Court of I nd1a

4. Hon'ble Mr. Justice T. s. Thakur is the present Chairman of NALSA.


Mark the best option:
Principles:

  1. It is a fundamental right that no citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
  2. Laws dealing with marriages in a religious community fall outside the scope of fundamental rights.

Facts: The Municipal Corporation of Amanabad issues an order prohibiting any person residing out of the municipal limits of Amanabad from using Lake Alia, a lake located entirely within the municipal limits of Amanabad. The lake's maintenance is overseen and financed by the Municipal Corporation itself. The order is challenged in court. Will the challenge succeed?


Constitution of India was adopted by the constituent assembly on?


Which Article is related to "Abolition of Untouchability"?


The basic features of the Indian Constitution which are not amendable under Article 368 are


Which Commission made the recommendation which formed the basis for the Punjab Reorganisation Act, which created the states of Punjab and Haryana?


In the question given below are two statements labelled as Assertion (A) and Reason (R). In the context of the two statements, which of the following is correct? 
Assertion (A): The Government of India may on an application grants a certificate of naturalisation to any person.
Reason (R): He/She possesses the good character with knowledge of all languages which are specified in the Eighth Schedule to the Constitution.


In the question given below are two statements labelled as Assertion (A) and Reason (R). In the context of the two statements, which of the following is correct?
Assertion (A): The Governor is the Chief Executive Head of the state.
Reason (R): All the executive actions of the Government of a State are formally taken in his name.


How many seats reserved for SCs and STs in Rajya Sabha?


Who among the following undertakes the special Audit at the request of the government? 


Who was the first election commissioner of India?


Which article of the constitution of India deals with the special provisions to the state of Arunachal Pradesh?


The concept of judicial review has been borrowed from the Constitution of


Answer the question which follows from application of the under mentioned legal principle.

Principle: Every person has a right of self-defense if his life is under imminent threat.

Facts: Mr. Prashanth threatens Mr. Krishna that he will kill Mr. Krishna. After saying so, Mr. Prashanth goes to his house saying that he would get his axe.


Assertion (A): During inflation, there is increase in money supply and rise in price level.

Reason (R): The rise in prices is due to shortage in supply of essential consumer goods.


Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

Factual Situation: In order to ensure that people live in an amicable atmosphere the Government of India decided to abolish courts and constituted Dispute Settlement Boards. Further to achieve this objective, the law stipulated that lawyers should not be allowed to espouse the claims of parties, and instead their claims be espoused by social workers.

Legal Principles:

I. Any law made by the Parliament that infringes the fundamental rights of the citizens is invalid and unenforceable.
II. Freedom to carry on trade or profession of one’s own choice is a fundamental right.
III. The Parliament is competent to impose reasonable restrictions on the exercise of this right.
IV. If the restrictions, on fundamental rights imposed by the Parliament, totally removes or nullifies any fundamental right then it will be construed as an unreasonable restriction. Decision:


Principle: The Constitution of India guarantees the 'right to life', which means 'right to live with human dignity'. The right to life under the constitution, however, does not include the right to die.

Facts: 'M' who is 90, lives all alone as he has no family or children or grandchildren. He suffers from physical and mental distress, as there is no one to look after him. He has little means to foot his medical expenses. Under these circumstances, he approaches the court with a prayer that he should be granted the right to die with dignity because he does not want to be a burden on society. Further, as it is his life, he has a right to put an end to it.
Which of the following derivations is correct?


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