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"
Also please check the following 51st amendment to the constitution.
http://legislative.gov.in/constitution-fifty-first-amendment-act-1984
And then further amendment by 57th
http://legislative.gov.in/constitution-fifty-seventh-amendment-act-1987
@Thinker yeah my source was somewhat non specific w.r.t Article 332(1).However insertion by 57th amendment act of article 332(3A) says..-----------------------3A.Notwithstanding anything contained in clause(3), until the taking effect, under article 170, of the re-adjustment, on the basis of the first census after the year6[2026], of the number of seats in the Legislative Assemblies of the States ofArunachal Pradesh, Meghalaya,Mizoram and Nagaland, the seats which shall be reservedfor the Scheduled Tribes in the Legislative Assembly ofany such State shall be,—(a) if all the seats in the Legislative Assembly ofsuch State in existence on the date of coming intoforce of the Constitution (Fifty-seventh Amendment)Act, 1987 (hereafter in this clause referred to as theexisting Assembly) are held by members of theScheduled Tribes, all the seats except one;(b) in any other case, such number of seats asbears to the total number of seats, a proportion notless than the number (as on the said date) of membersbelonging to the Scheduled Tribes in the existingAssembly bears to the total number of seats in theexisting Assembly.------------------------------So on this basis i think we can say this is anexception based on Indigenous SC population(0.5%)For the states of Nagaland and Meghalaya not having reservation for SCs in legislative assembly till completion of 2026 delimitation and is indeed a constitutional provision.
All these things are a matter of speculations but I am not able to find out the provision which specifically make provision for no reservation for SCs in Legislative Assemblies of Meghalaya and Nagaland. 57 and 51 CAA too pertains to certain modifications in the reservation for STs only without explicit mention to SCs. For the statement to be incorrect I need a specific source.
Also please check the following 51st amendment to the constitution.
http://legislative.gov.in/constitution-fifty-first-amendment-act-1984
And then further amendment by 57th
http://legislative.gov.in/constitution-fifty-seventh-amendment-act-1987
The question is whether Constitution provides for the reservation to SC/ST in all state then yes it provides for it as per article 332. The same article makes an exception (by virtue of 51 and 57 CAA) for STs in certain areas of the state and not for the entire state. But as far as reservation to SCs are concerned Constitution has not made any specific exceptions.
@Thinker if you download a PDF of the fifth schedule and search key words like "education, school", there is not a single mention of them.
It's a verbatim previous year question of 2012 and the answer is as per the official key of UPSC. Further, the question isasking for bearing on education and not mention of education.
Also please check the following 51st amendment to the constitution.
http://legislative.gov.in/constitution-fifty-first-amendment-act-1984
And then further amendment by 57th
http://legislative.gov.in/constitution-fifty-seventh-amendment-act-1987
The question is whether Constitution provides for the reservation to SC/ST in all state then yes it provides for it as per article 332. The same article makes an exception (by virtue of 51 and 57 CAA) for STs in certain areas of the state and not for the entire state. But as far as reservation to SCs are concerned Constitution has not made any specific exceptions.
Hmm.. no specific restrictions are mentioned w.r.t Scheduled Castes and it is only by virtue of high ST population and 332(3[a]) that SCs don't get reservation there.
Moreover the source i referred didnot incorporate 57th amendment.
Thanks for clarification.
Regarding Jurisdictions of Supreme Court (Original and Appellate) having bearing on Questions 14 and 34 of test 9.
Sir, the discussion session post test 9 ended with the view thatOriginal jurisdictioncomprises of whatever is mentionedunder Article 131 only(NOT writ jurisdiction to be precise). Similarly,appellate jurisdictiondoesnot include special leave under Article 136.
Sir, I submit for your kind perusal thejudgement of Supreme Courtin Rojer Mathew vs South Indian Bank Ltd ( dated13 Nov 2019) regarding appellate and original jurisdictions and tribunals.
Click here to see (Refer para 201 and first line of Para 202. Pages 111-112) (Screenshots below)
Kindly guide, what should be the concluding view in this regard.
Q 30
As discussed in today's morning session answer ought to be option (b) instead of (d).
Note: Same question was there in previous test and also in one of the previous year CSE paper.
Q 30
As discussed in today's morning session answer ought to be option (b) instead of (d).
Note: Same question was there in previous test and also in one of the previous year CSE paper.
It was a typing error which has been rectified in revised answer key.
Regarding Jurisdictions of Supreme Court (Original and Appellate) having bearing on Questions 14 and 34 of test 9.
Sir, the discussion session post test 9 ended with the view thatOriginal jurisdictioncomprises of whatever is mentionedunder Article 131 only(NOT writ jurisdiction to be precise). Similarly,appellate jurisdictiondoesnot include special leave under Article 136.
Sir, I submit for your kind perusal thejudgement of Supreme Courtin Rojer Mathew vs South Indian Bank Ltd ( dated13 Nov 2019) regarding appellate and original jurisdictions and tribunals.
Click here to see (Refer para 201 and first line of Para 202. Pages 111-112) (Screenshots below)
Kindly guide, what should be the concluding view in this regard.
Thank you for bringing this recent judgement to my attention. I will go through it once and give a reply. Please give me some time.
In qs.28
How is option 2 correct? The manner of distribution of taxes u/a 270 is prescribed by president on the recommendations of FC.
FC is a recommendatory body, does it have the power to actually "divide" the proceeds?!
If someone has an explanation to this, kindly post. Would be of much help.
Thanks.
Q9) President may appoint a commission to investigate the conditions of socially and educationally (and not economically) backward classes.
Q9) President may appoint a commission to investigate the conditions of socially and educationally (and not economically) backward classes.