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Question
Principle: Anyone who induces or attempts to induce a voter to vote in a particular manner on the ground that the voter will face divine displeasure, shall be guilty of the offence of interfering with the free exercise of the right to vote.
Facts: During the election campaign period one candidate X told the voters that if they do not vote for her, voters will be cursed because the election candidate is God‘s own child and those who do not vote for her, will not be liked by God.
Options
X has committed an offence
X has not committed an offence because she only narrated what she felt
X has not committed an offence because she has freedom of speech and expression
X has not committed an offence because she did not compel anyone to vote for her
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Solution
X has committed an offense
Explanation:
X has committed an offense because the principle is clear that anyone who induces or attempts to induce a voter to vote in a particular manner on the ground that the voter will face divine displeasure commits the offense of interfering with the free exercise of the right to vote.
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Principles:
- The Constitution of India has divided the power to make laws between the Central and State Legislatures by mentioning the subjects for legislation under the Union (under Central Government), State (under State Government) and Concurrent List(under both Central and State Governments) under the Seventh Schedule.
- When the Central or State Legislatures exceed the subjects in their respective lists, the law so made is considered ultra vires the Constitution and has no effect.
- A subsequent retrospective amendment of the Constitution widening the scope of legislation of the said legislature cannot validate such ultra vires legislation.
- A fresh law enacted by the said Legislature post such an amendment of the Constitution is considered valid.
- A Legislature in exercise of its valid legislative power may extend to its territory a law made by another Legislature.
Facts: In light of the growing economic development in the state of Gujarat, the state legislature passed a law on 26th December 2012 setting up Gujarat State Railways Corporation to ply goods trains between commercial areas within Gujarat. The law faced criticism since railways formed an entry under the Union List in the Seventh Schedule of the Constitution. The Gujarat legislature stood by the legislation owing to the 118th Constitutional Amendment of 28th December 2012 shifting only commercial railways to the Concurrent List.
Post the Constitutional Amendment, laws in relation to passenger railways can be made by:
Setting a supreme court was Calcutta is a part of?
By which one of the following constitutional amendments Delhi has become National Capital Region (NCR)?
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 Council of Ministers in India collectively responsible to the Lok Sabha and Rajya Sabha.
Reason (R): The members of both the House of Parliament are eligible to be the members in Council of Ministers.
Which one of the following is in the Concurrent List in the Constitution of India?
The 39th Constitutional Amendment laid that election of any person to Lok Sabha holding the office of Prime Minister cannot be challenged before a Court of Law, but only before an authority established by Parliament. This was declared unconstitutional by the Supreme Court in
Answer the question which follows from the application of the under mentioned legal principle.
Principle: The Constitution guarantees freedom of religion and expects the citizen to respect national anthem as a fundamental duty.
Facts: According to the religion's tenets of a particular sect, singing the praise of any entity other than God is forbidden. The child, belonging to that sect, refuses to sing national anthem in the course of school assembly, in which every child must compulsorily participate. When the disciplinary action was instituted against the child, the parents challenged the school' s order of singing the national anthem.
