Law: Nature and Classification [CLAT (Common Law Admission Test) Legal-Aptitude]: Questions 36 - 37 of 188

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Question 36

Appeared in Year: 2013

Question MCQ▾

PRINCIPLES: Only the Parliament or the State Legislatures have the authority to enact laws on their own. No law made by a State can take away a person՚s fundamental right.

FACTS: Parliament enacted a law, which according to a group of lawyers is violating the fundamental rights of traders. The group of lawyers filed a writ petition against the Parliament for enacting such law and requests the Court to quash the law and to direct the Parliament to make a new law.

Choices

Choice (4)Response

a.

No writ would lie against the Parliament as the Court has no authority to direct the Parliament to enact or re-enact a law.

b.

The Court can quash the existing law if it violates fundamental right and can direct to make a new law.

c.

The Court can quash the existing law if it violates fundamental right but cannot direct the Parliament to make a new law

d.

Question does not provide sufficient data or is vague

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Question 37

Question MCQ▾

Which of the following is incorrect as far as the Prime Minister of India is concerned?

Choices

Choice (4)Response

a.

The functioning of the entire Council of Ministers comes to a halt on the death or resignation of the Prime Minister.

b.

The President is advised by the Prime Minister on the summoning or proroguing of the parliamentary sessions.

c.

The government policies are announced on the floor of the House by the Prime Minister.

d.

He stands as the chairman of National Development Council, Planning Commission but not the National Integration Council.

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