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 |
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. |