AILET Legal-Aptitude: Questions 144 - 145 of 152

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Question number: 144

» Law: Nature and Classification

Appeared in Year: 2016


Assertion (Ꭺ)

In federalism, there is division of powers between the Centre and the States.

Reason (Ꭱ)

The legislation is not invalid merely because it incidentally encroaches upon matters which have been assigned to another organ.


Choice (4) Response
a. Both Ꭺ and Ꭱ are false
b. Ꭺ is false but Ꭱ is true
c. Both Ꭺ and Ꭱ are true but Ꭱ is NOT the correct explanation of Ꭺ
d. Ꭺ is true but Ꭱ is false

Question number: 145

» Law: Nature and Classification

Appeared in Year: 2016



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 SITUATION: 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?


Choice (4) Response

No, because the control of the government on BCCI, if any, is only regulatory.


No, because neither the Board is created under a statute nor any part of share capital of the Board is held by the government and no financial assistance is given by the government to the Board.


No, because the monopoly on cricket is neither State conferred nor State protected.


Yes, because the Board has monopoly on cricket in India.

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