The Following Question Consists of Two Statements, One Labelled As. 'Assertion' and the Other as 'Reason'. Read Both the Statements Carefully and Answer Using the Codes Given Below. Assertion (A): - Legal Reasoning

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MCQ

The following question consists of two statements, one labelled as. 'Assertion' and the other as 'Reason'. Read both the statements carefully and answer using the codes given below.

Assertion (A): The entries in the three legislative lists are not always set out with scientific precision.
Reason (R): The entries are not powers but are only fields of legislation.

Options

  • Both A and R are true and R is the correct explanation of A

  • Both A and R are true but R is not the true explanation of A

  • A is true but R is false

  • A is false but R is true

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Solution

Both A and R are true but R is not the true explanation of A

Explanation:

Both A and R are true but R is not the true explanation of A. The entries in the three lists are not always set out with scientific precision or logical definition. It is relevant to note that it is practically impossible to define each item in a List in such a way as to make it exclusive of every other item in that list. The framers of the Constitution wished to take a number of comprehensive categories and describe each of them by a word of broad and general import. For instance, in matters like Local Government, education, Water, Agriculture, Land, in these the respective entry opens with a word of general import, followed by a number of examples or illustrations or words having reference to specific sub-heads or aspects of the subject matter. The effect of the general word is not curtailed but rather amplified and explained, by what follows thereafter. An important principle to interpret the entries is that none of them should be read in a narrow, that the widest possible and most liberal construction be put on each entry, and that each general word in an entry should be held to extend to all ancillary or subsidiary matters which can fairly and reasonably be said to be comprehended in it. It is settled law of interpretation that entries in the Seventh Schedule are not powers but fields of legislation. The legislature derives its power from Article 246 and other related articles of the Constitution. Therefore, the power to make the Amendment Act is derived not from the respective entries but under Article 246 of the Constitution. The language of the respective entries should be given the widest scope of their meaning, fairly capable to meet the machinery of the Government settled by the Constitution. Each general word should extend to all ancillary or subsidiary matters which can fairly and reasonably be comprehended in it (Raja Suryapalsingh and ors. Vs. the U.P. Govt).

Concept: Contract Law
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2. Consideration is something that moves from the promise to the promisor, at the implied or express request of the latter, in return for his promise. The item that moves can be a right. interest, profit, loss, responsibility given or suffered, forbearance, or a benefit which is of some value in the eyes of law.
3. Contractual rights and liabilities are exclusive to the parties to contract.
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