Hello All,
The Group usage here is a little cumbersome, so I am creating this thread to make sure that all questions with doubts stay in one place. Can someone push all the doubts and queries here? I will make this an announcement?
-Faceless, Anonymous "root"
How does martial law affect centre state relations?
And also article 32 has been called heart and soul by Ambedkar and not preamble. Please review question 23 and 8.
23 answer is constitutional remedies.(key has given same)
8question is incrct by most of us but what@Thinker thinks matters.
@Thinker can you please explain why the answer to Q18 is b, not C (test 3).@Patrick_jane
My explanation- although the First two provisions of rule of law are applicable to the Indian system, but A 14 in itself contains only the second element(Equality before law).
@Thinker can you please explain why the answer to Q18 is b, not C (test 3).@Patrick_jane
My explanation- although the First two provisions of rule of law are applicable to the Indian system, but A 14 in itself contains only the second element(Equality before law).
@Patrick_jane I added some more explanation, please clarify.
The question gave the features of Rule of law that is applicable to Indian constitution u/a 14.
I.e absence of Arbitrariness, Equality before law(this two statements are crct)
Last statement is based on American concept of equal protection of laws where it says Equality of treatment under equal circumstances,similar application of same law to similarly situated persons,like should be treated alike.
In todays question the statement of Equality treatment is twisted replacedequal with every.
@Thinker can you please explain why the answer to Q18 is b, not C (test 3).@Patrick_jane
My explanation- although the First two provisions of rule of law are applicable to the Indian system, but A 14 in itself contains only the second element(Equality before law).
@Patrick_jane I added some more explanation, please clarify.
The question gave the features of Rule of law that is applicable t Indian constitution u/a 14.
I.e absence of Arbitrariness, Equality before law(this two statements are crct)
Last statement is based on American concept of equal protection of laws where it says Equality of treatment under equal circumstances,similar application of same law to similarly situated persons,like should be treated alike.
In todays question the statement of Equality treatment is twisted replacedequal with every.
EBLnEPLare used frequently in affirmative steps.
Eg Reservation where EPL a positive concept encourages govt to provide a equal platform for vulnerable sections to compete with others.
EBL negative concept reminds state that affirmative actions has to be carried without discouraging other sections.thats why cap on 50%reservations.
@Thinker can you please explain why the answer to Q18 is b, not C (test 3).@Patrick_jane
My explanation- although the First two provisions of rule of law are applicable to the Indian system, but A 14 in itself contains only the second element(Equality before law).
@Patrick_jane I added some more explanation, please clarify.
The question gave the features of Rule of law that is applicable t Indian constitution u/a 14.
I.e absence of Arbitrariness, Equality before law(this two statements are crct)
Last statement is based on American concept of equal protection of laws where it says Equality of treatment under equal circumstances,similar application of same law to similarly situated persons,like should be treated alike.
In todays question the statement of Equality treatment is twisted replacedequal with every.
You are right with last line.
However leaving Q behind, don't you think A14 contains only the second element of rule of law not first. Please enlighten.
No we have both regarding 1st state cannot punish u except for breach of law n according to procedure established by law.
Eg crossing Redlight at signal by two or 4 vehicle is breach of law n state punishes u but crossing red light by pedestrian is not a breach of law n state can't punish.
If state punishes pedestrians also then it is Arbitrariness
But rule of law in entirety is not absolute it has exceptions.
No we have both regarding 1st state cannot punish u except for breach of law n according to procedure established by law.
Eg crossing Redlight at signal by two or 4 vehicle is breach of law n state punishes u but crossing red light by pedestrian is not a breach of law n state can't punish.
If state punishes pedestrians also then it is Arbitrariness
But rule of law in entirety is not absolute it has exceptions.
Also their is trinity of FR l.e 14 19 21,that protects person liberty n dignity by balancing with social control
Eg a poor person defame rich using his freedom of expression under 19,but rich under 21 to protect his personal dignity n under 19(2) reasonable restrictions of defamation moves to court against poor,
Court under art 14 will consider both but here court will see the EBL concept where law is breached or not n see EPL concept where the punishment can be awarded to poor at par with others or not,here court cannot leave poor because of his economic status at same time cannot give punishment to pay 1lakh or more.
So court can give a decision which will satisfy balance of individual liberty n social control.
Test 3 Q50
WHO has named the disease COVID-19 and the name of the virus is SARS - CoV - 2 .
The question gives the name of the virus as "CONVID-19"
@Thinker please take note.
@Thinker Constitution is amended by 3 ways - (a) simple majority, (b) special majority (c) spl majority with state ratification
Why then Constitutional Amendment Acts list includes only (b) & (c) , despite (a) also being one?
Dear all,
First of all, I am extremely sorry for the delayed reply today as I was trapped in something. Please give me time till tomorrow morning and I will answer all your queries. There seem to be a lot of uncertainties regarding Presidential System question and Martial Law question. However, the answers which we have provided stand true and will not change. I will be putting a detail explanation for both by tomorrow morning along with answers for all your queries. Please bear with me till tomorrow.
Test3 Q14
@Thinker can you please elaborate a bit on Essentiality Doctrine that is mentioned in the question. Is it the same as Doctrine of Essential Religious Practises ?