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HCS (Haryana)Prelims2022General Studies
Question
Consider the legal issues involved in followings advisory opinion rendered by the Supreme Court of India under Article 143(1) of the Constitution. Match List - I with List - II : List - I A. Delhi Laws Act, 1951 B. Keshav Singh 1965 C. Special Reference No. 1 of 2001 D. Special Reference No. 1 of 2002 List - II 1. Legislative Privileges 2. Gujarat Gas 3. Delegated Legislation 4. Gujarat Assembly Election Choose the correct answer from the options given below
Options
- A A-3, B-1, C-4, D-2
- B A-3, B-1, C-2, D-4
- C A-1, B-3, C-4, D-2
- D A-2, B-1, C-3, D-4
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Correct Answer
B A-3, B-1, C-2, D-4
Model Answer
Delhi Laws Act, 1951 on Delegated Legislation
- This act delegated the power to the Central Govt to extend to Part C States with such modification and restriction as it may deem fit any enactment which was in force in any Part A state.
- It also empowered the Govt to repeal or amend any corresponding law which was applicable to Part C States.
- The first reference under Article 143 was made in the Delhi Laws case, where the President referred three questions to the Supreme Court.
Keshav Singh 1965 on Legislative Privileges
- The powers and privileges of the Legislative Assembly must therefore be determined according to Article 194(3).
- There is no express or implied prohibition in the Constitution against the Legislative Assembly exercising the privilege enjoyed by the House of Commons to commit for its contempt.
Special Reference No. 1 of 2001 on Gujarat Gas
- Special Reference No. 1 of 2001 was a legal issue related to the Gujarat Gas (Regulation of Transmission, Supply & Distribution) Act, 2001. The key points of the case were:
- The act lacked legislative authority
- The act violated the Constitution
- The provisions related to natural gas and liquefied natural gas (LNG) lacked legislative authority
Special Reference No. 1 of 2002
- Special Reference No. 1 of 2002 was a case related to the Gujarat Assembly Election. It was heard by a large bench of the Supreme Court, including Chief Justice B.N. Kirpal, V.N. Khare, K.G. Balakrishnan, Ashok Bhan, and Arijit Pasayat.
The case involved the following points
- Article 174(1) of the Constitution of India does not relate to elections or provide any limit for holding elections.
- Article 174 deals with a live legislature and ensures that it meets at least every six months.
- Article 174(1) does not apply to a dissolved legislature.
- The President of India can refer any matter of law or fact to the Supreme Court under Article 143 of the Constitution. The Supreme Court's advisory opinion is not binding on the President, but the President usually honors it.
Additional Information
- Article 143 of the Indian Constitution grants the Supreme Court of India advisory authority.
- The phrase "Advisory jurisdiction" refers to "the Supreme Court's power to express an opinion on matters brought before it by the Indian President, either on his own initiative or at the request of either House of Parliament or a State Legislature."
- This area of law is also known as consultative jurisdiction.
- The President may ask the Supreme Court for advice on the following two issues:
- If at any time, it does seem to him that a question of law or a factual issue has emerged or is about to emerge and is of public importance that an expedited resolution should be obtained, then the President may submit it to the Apex Court for application for review and report.
- Any pre-constitutional tender, arrangement, promise, responsibility, or other similar actions that could lead to a dispute.