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Question
The law which provides special powers to the Armed Forces in India is popularly known as:
Options
AFSPA
POTA
TADA
SARFAESI
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Solution
AFSPA
Explanation:
The law which provides special powers to the armed forces in India is popularly known as option 'AFSPA'
(1) Armed Forces (Special Powers) Acts (AFSPA), are Acts of the Parliament of India that grant special powers to the Indian Armed Forces in what each act terms "disturbed areas".
(2) Terrorist and Disruptive Activities (Prevention) Act, commonly known as TADA, An Act to make special provisions for the prevention of, and for coping with, terrorist and disruptive activities and for matters connected therewith or incidental thereto.
(3) The Prevention of Terrorism Act, 2002 (POTA) was an Act passed by the Parliament of India in 2002, with the objective of strengthening anti-terrorism operations.
(4) The Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002(also known as the SARFAESI Act) is an Indian law. It allows banks and other financial institutions to auction residential or commercial properties to recover loans.
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Mark the best option:
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.
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