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[Results] Prelims 2020 Over - Gearing for 2021

Because of the corona virus issue? If it does not happen then worst affected will be people whose interview is stuck, around 600-700 such people I think are yet to appear for their interview.


@neyawn sir and others, what is your take?

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jack_Sparrow,curious_kidand137 otherslike this
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13.7k comments

@gauravbrly409  Answer is either A or D. Preamble does not have legal effect as any other part. It does not have same effect as PART-III, it is not even source of legislation. In A and D there may be confusion and it depends on UPSC whether is has taken the statement from any random judgment or general features of preamble.


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For preamble question, D is correct. Suppose, govt enacted a law to given effect to DPSP or any other provision, and if there is a case in SC regarding some ambiguity, then SC can use Preamble as a guide to give judgement. 

Here SC will use Preamble + DPSP or Preamble + (any other part of Constitution). Thus legal effect of preamble only holds if it is used in combination to some other part. 

Govt.  cannot enact a law to give effect to provision of Preamble alone, neither can SC declare a law void if it only goes against preamble. Therefore, Preamble has no legal effect of its own, 

But when used in combination with any other part, it has legal effect.

what about Article 368. Preamble alone is enough to create legal effect. Even Any amendment is against spirit of Preamble but not any other part..... that will be struck down.

Your take on it now .. Add your inputs. 

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@gauravbrly409   Bhai if an amendment is against basic structure it will be struck down, nowhere court has said that amendment against preamble will be struck down.



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@TabsAndChords God knows who is correct. 


TabsAndChords,
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@gauravbrly409  Moreover some features mentioned in preamble may be part of basic structure like secularism but in totality preamble has not been declared as basic structure by courts. Thats why It can be changed and amended.


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@Devanapiyam could go either way i feel.........even if he meant whole nation, it was specific to the context of the swadeshi movement in bengal.

what about rakhmabai question? vision is giving only 2&3 as correct. found something for that?


Well you can definitely assume that. 

Regarding Rakhmabai question, it was briefly mentioned in 'From Plassey to Partition' by Shekhar Bandyopadyaya. Discussion was only on restitution of conjugal rights and Age of Consent. There is no mention of Right to Education. So I think 2 and 3 is most definitely the correct option.

Sankoza,
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https://www.sapling.com/6637532/nonfinancial-debt Clearly given examples of non-financial debt. Answer is 1,2,3 as per this article. 

https://indiankanoon.org/doc/66020071/ "Constitutional provisions are required to be understood and interpreted with an object oriented approach. A Constitution must not be construed in a narrow and pedantic sense. The words used may be general in terms but, their full import and true meaning, has to be appreciated considering the true context in which the same are used and the purpose which they seek to achieve."

For the "Minister question", "a person who is eligible to vote" (>18yrs) can be a Minister (>25yrs) is to be considered wrong as the SC clearly says that Constitutional provisions must not be construed in a narrow and pedantic sense. So suppose a 20 year old is appointed as a Minister and after 6 months he is disqualified. But he is again recommended by CM as a Minister and this process continues for next 5 years. Is this logical? This will be a gross violation and misuse of democratic institutions. This is what SC implied in the above judgement. The question asked by UPSC was application based and not just plain reading of the constitution. At the very first instance SC will reject the appointment of a 20 year old as Minister, citing the above judgement.  



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CSAT borderline. 


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Botanopu,
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CSAT borderline. 


Answer key???

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@Devanapiyam could go either way i feel.........even if he meant whole nation, it was specific to the context of the swadeshi movement in bengal.

what about rakhmabai question? vision is giving only 2&3 as correct. found something for that?


Well you can definitely assume that. 

Regarding Rakhmabai question, it was briefly mentioned in 'From Plassey to Partition' by Shekhar Bandyopadyaya. Discussion was only on restitution of conjugal rights and Age of Consent. There is no mention of Right to Education. So I think 2 and 3 is most definitely the correct option.

this one is really complex. yes the case in itself did not consider the question of right to education, but she did approach the court to be allowed to continue her studies. plus the discourse outside the courts did include womens rights as a colective, especially right to ed. so it is most likely all 3. 
i too have marked both questions like you and considering wrong only(more likely). 

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Watched few videos on youtube, actually. For comprehension there is no point in looking at any key, as upsc would have its own discretion there. I got 9 questions incorrect in aptitude and reasoning part. Hoping that maximum 6 go wrong in comprehension. So that I can ma manage 67 marks


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Read keshavnanda judgement again. Half your statement will be wrong. 

the only issue in question is what is the meaning of legal effect? 
if legal effects= only strictly justicibility... u r absolutely right. 

Otherwise its different. 


shaanu4595684,
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Dear Friends, 

I have given representation regarding legal services authority question, I.e,  question no 59. As different states have different options of income limits. If you find non merit In the question please make a submission to UPSC to cancel it


thank you

rafael,gauravbrly409
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Watched few videos on youtube, actually. For comprehension there is no point in looking at any key, as upsc would have its own discretion there. I got 9 questions incorrect in aptitude and reasoning part. Hoping that maximum 6 go wrong in comprehension. So that I can ma manage 67 marks


Ur attempt?

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After seeing that vision has given answer of Preamble wala questions as A that means further deduction of 2.6 marks

Ye Dukh Kaahe Khatam Nahi Hota Hai - Meme Template

in their own discussion teacher told answer to be D .


Are you talking about the legal effect question?

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What is the answer of PQRSTU couple wala question?? Please clarify someone..
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Watched few videos on youtube, actually. For comprehension there is no point in looking at any key, as upsc would have its own discretion there. I got 9 questions incorrect in aptitude and reasoning part. Hoping that maximum 6 go wrong in comprehension. So that I can ma manage 67 marks


I also watched several videos...but all of them have made silly mistakes in RC...this dampens my confidence towards them...even in water pricing RC question..they r saying that ..answer is ULBs r not efficent..  

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drishti ka apna alag chal raha hai csat mein. Lol

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