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Question
Select the correct statements about 14th finance Commission which submitted its report to President
1. It covers the period between 1 April 2015 and 31 March 2020.
2. The Comtrtiss1on headed by former RBl Governor Y V Reddy
3. Provides for devolution of tax receipts from the Centre to the States
4. Article 280 of constitution provides for appointment of Finance commission.
5. 1st and 13th Finance COmmiSSion was headed by K C Neogy & Dr. Vijay Kelkar respectively.
Options
1, 3 & 5 are correct
1, 2 & 3 are correct
1, 3 & 4 are correct
AII are correct
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Solution
AII are correct.
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In this Question, the problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question.
Rules:
A. A minor is a person who is below the age of eighteen. However, where a guardian administers the minor's property the age of majority is twenty-one.
B. A minor is not permitted by law to enter into a contract. Hence, where a minor enters into a contract with a major person, the contract is not enforceable. This effectively means that neither the minor nor the other party can make any claim on the basis of the contract.
C. In a contract with a minor, if the other party hands over any money or confers any other benefit on the minor, the same shall not be recoverable from the minor unless the other party was deceived by the minor to hand over money or any other benefit. The other party will have to show that (he minor misrepresented her age, he was ignorant about the age of the minor and that he handed over the benefit on the basis of such representation.
Facts Ajay convinces Bandita, a girl aged I8 that she should sell her land to him. Bandita's mother Chaaru is her guardian. Nonetheless Bandita, without the permission of Chaaru, sells the land to Ajay for a total sum of rupees fifty lakh, paid in full and final settlement of the price. Chaaru challenges this transaction claiming that Bandita is a minor and hence the possession of the land shall not be given to Ajay. Thus Ajay is in a difficult situation and has no idea how to recover his money from Bandita.
In order to defend the sale, Bandita will need to show that
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 the 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 the 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.
If a judge reflects a predisposition so strong that it seems he had already made up his mind as to the outcome of the case, will it be according to judicial norms to ask for recusal by the litigants?
Mark the best option:
The maximum duration of zero hours in Lok sabha can be _________?
Mark the best option:
Principles:
- Article 19(1)(a) of the Constitution guarantees to all citizens the right to 'freedom of speech and expression'.
- This freedom includes the right to express one's views and opinions on any issue through any medium, e.g., by word of mouth, writing, printing picture, Rim, movie, etc.
- Reasonable restrictions may be imposed by the State on this freedom, 'in the interests of the security of the State, friendly relations with foreign States, public order, decency, morality, sovereignty and integrity of India, or 'in relation to contempt of court, defamation or incitement to an offense'
- While the Apex court has justified pre-censorship of a film because it caters to a mass audience, it has held that if the film is unobjectionable and cannot constitutionally be restricted under Article 19(2), freedom of expression cannot be suppressed on account of threat of demonstration or threats of violence.
- There is a difference between 'public order' and 'public tranquility', in that such acts as disturbing only the serenity of others may not fall within the term 'public order'.
Facts: Schoen Frederick Muller is an eminent businessman of German origin. He is known to have a fascination for showbusiness. He has recently produced a film on how a group of four detectives from different parts of the world unearths a conspiracy to assassinate a leader at the United Nations, and one of them turns out to be an accomplice in the plan. The film was awarded as the 'Best Motion Picture (Fiction)' in the Berlin Film Festival. The film is taken for exhibition in India by Spread the Word, an agency headed by Ritesh Zakaria, an Indian citizen.
Which of the following can approach an Indian court against an order imposing a ban on the film for containing objectionable material under Article 19 of the Constitution?
By which of the following amendment the voting age has been reduced from 21 to 18 years?
To secure just and humane conditions of work and maternity relief is enumerated in which of the following Articles?
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 Directive Principles enshrined in the Constitution aim at providing the social and economic base of genuine democracy.
Reason (R): The Directive Principles are merely directives which the government has to keep in mind while framing policy and are not enforceable through the court.
Which of the following Articles deal with the Union executive in the Constitution?
73rd Amendment does not apply to the state of
- Nagaland
- Mizoram
- Jammu and Kashmir
- Meghalaya
Answer the question which follows from the application of the under mentioned legal principle.
Principle:
(1) The state shall not deny to any person equality before the law and equal protection of the laws within the territory of India.
(2) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex and place of birth or any of them.
Facts: The Government of Rajasthan, passed an order providing for reservations for the Scheduled Castes/ Scheduled Tribes and Socially and Educationally Backward Classes (including Muslims), and Women, in all institutions of higher education, including private educational institutions, both aided as well as unaided, in the following manner: Scheduled Caste- 15%; Scheduled Tribe- 7.5%, Socially and Educationally Backward Classes (including Muslims) - 27%.
I. The reservation policy of the government is violative of the principle of equality envisaged in the Constitution
II. The reservation policy is unconstitutional because it is based on ‘caste’ which is a prohibited marker
III. Reservation does not violate equality clause as it entails “like should be treated like and unlike should be treated differently.”
IV. Reservation does not violate equality clause as the Constitution itself enables the State to make special provision for the advancement of socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes.
