Who Can Recommend Abolition Or Creation of the Legislative Council in a State? - Legal Reasoning


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


  • Governor of the State 

  • Advocate-General of the State 

  • Legislative Assembly of the State

  • The State Council of Ministers 



Legislative Assembly of the State

Concept: Indian Constitution (Entrance Exams)
  Is there an error in this question or solution?


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. 
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. 
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 which requires every employee to join the largest trade union in their workplace mandating Syed Monirul Alam to join GMS, 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.

Suppose the Judiciary has intervened in the questions involving, allotment of a particular bungalow to a Judge, specific bungalows for the Judges pool, monkeys capering in colonies, stray cattle on the streets, will it be safe to say that the Judiciary is disturbing the delicate balance of the Constitution?

In which of the following situations can the President promulgate an Ordinance? 

The reference to Hindus in Article 25 of the Constitution does not include 

Which one of the following is not among the sources of revenue for the Union? 

Mark the best option:
From which country’s Constitution the Right to Equality have been borrowed

Directions: The question below consists of two statements, one labeled as ‘Assertion’ (A) and another as ‘Reason’ (R). Examine these two statements carefully and select the answers to these items from the codes given below.

Assertion (A): It is the legal and constitutional duty of the State to provide legal aid to the poor.

Reason (R): No one should be denied justice by reason of his poverty.

Given below is the statement of Legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
LEGAL PRINCIPLE: Any institution or body can be a 'State' if it is created under the constitution or a statute, or if it is substantially financed by the Government, or the Government holds its share capital.
FACTUAL STRUCTURAL: K approached the High court by filing a writ petition against the Board for Control of Cricket in India( BCCI). The argument advanced was that BCCI is a 'State, within the meaning of Article 12 of the constitution of India. The question is whether the argument is acceptable?

Who one of the following put forward the idea of the Constituent Assembly for India?

Who was the last British Governor-General, who addressed the Constituent Assembly? 

In United States, the residuary power lies with ______________.

A person of India origin who is ordinarily resident in India for seven years before making
is eligible for

Which of the following is not an Article given to the OCIs?

Directive Principle of State Policy as enunciated in the Constitution of India do not include

Which one of the following statements regarding the Vice-President of India officiating as President is correct?

The National Commission of Scheduled Tribes has been established under the 

The following questions consists of two statements, one labeled as ‘Assertion’ (A) and other as ‘Reason’ (R). You are to examine these two statements carefully and select the correct answers.

Assertion (A): The Indian Constitution was adopted on 26th November 1949.

Reason (R): Law Day is celebrated in India on 26th November every year. 

Consider the following statements:

I. In a recent Supreme Court verdict pronounced by Justice Markandeya Katju and Justice Gyan Sudha Mishra, the court upheld the constitutionality of the Haj subsidy

II. Muslims are not the only beneficiaries of the secular state’s generosity. Hindus have also received substantial financial support from the Government With reference to the statements mentioned above, which of the following is correct?

The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle: Words describing the quality of things cannot be registered as a trademark. However, such words may be registered as a trade mark, if they acquire a secondary meaning. Words acquire secondary meaning when people start associating the descriptive words with a person-specific.

Facts: A hatchery located in Raipur is owned by ‘X’. X has been using the slogan “new-laid eggs sold here”, since 1970 to describe the quality of eggs sold in his hatchery. Over a period of time because of continuous use of this slogan, people started associating this slogan with X. X filed an application for registration of the words “new-laid eggs” as a trademark in the year 1970.

The following question consists of two statements one labelled as ‘Assertion’ (A) and other as ‘Reason’ (R). You are to examine these two statements carefully and select the correct answer.

Assertion (A): The State shall not make any law, which takes away or abridges the rights conferred by Part-III (Fundamental Rights) and any law made in contravention of this clause shell, to the extent of the contravention, be void.

Reason (R): The Fundamental Rights are the rights reserved by the people and for this reason, they are eternal and sacrosanct.


      Forgot password?
Use app×