A) Dispensation of enquiry into civil servant misconduct (Article 311(2) proviso): The grounds for dispensing enquiry are subject to judicial review, thus not treated final. B) A declaration made in a law under Article 31C (regarding 39(b)/(c)): The 25th Amendment Act added Article 31C, which included a clause stating that a declaration by Parliament that a law is for giving effect to Article 39(b) or (c) shall not be called in question in any court. However, the Supreme Court in the Minerva Mills case (1980) held that judicial review is a basic feature of the Constitution and struck down this finality clause. Therefore, the declaration is not treated as final; courts can examine if the law has a direct and reasonable nexus with the DPSP it seeks to implement. C) Advice tendered by the Ministers to the President (Article 74(2)): Article 74(2) explicitly states that the question of whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into by any court. This means the content of the advice is treated as final and non-justiciable by courts. D) Decision of the Speaker regarding disqualification on the ground of defection (10th Schedule, Para 6): The 52nd Amendment Act (10th Schedule) initially stated that the Speaker's decision on disqualification due to defection is final. However, the Supreme Court in the Kihoto Hollohan case (1993) ruled that the Speaker's decision under the Tenth Schedule is subject to judicial review on grounds of mala fide, perversity, etc., thus not treated final.
Which one of the following actions/decisions/declarations has not been treated final under the Constitution of India?
Asked in UPSC Combined Section Officer 2019 20 · Topic: The Governance System (Role of Executive in Governance)
Show answer
Answer: B. A declaration made in a law made by the Par‐ liament that it was for giving effect to the Directive Principle relating to economic system with a view to control concentration of wealth
More Indian Polity and Governance questions
- Which one of the following is not correct pertaining to the eligibility for the appointment of the Chief of Defence Staff in India?
- - As per the rules, any serving or retired Lieutenant General, Air Marshal, or Vice Admiral (and equivalent ranks in the Army, Air Force, and Navy respectively) who is below the age of 62 years at the time of appointment is eligible. - The retirement age for CDS is 65 years. - Lieutenant General, Air Marshal, and Vice Admiral are three- star ranks. - Junior Commissioned Officers (JCOs) are a separate class of officers in the Indian military, ranking above Non-Commissioned Officers (NCOs) and below Commissioned Officers. They are not eligible for the highest ranks like CDS. 776. Consider the following statements about the ‘Agniveer’ scheme for Indian youth to serve in the armed forces : 1. Aspirants will be appointed on the contract basis for a period of four years. 2. Young people in the age group of 18-22 years can join. 3. The age limit was later increased to 23 years for the first batch of the aspirants. 4. Up to 20% of each batch will be enrolled as regular cadre. Which of the above statements are not correct?
- Consider the following statements: 1. The Ministry of Law and Justice comprises three departments, namely the Department of Legal Affairs, the Legislative Department and the Department of Justice. 2. The Indian Legal System comprises four components, namely the basic values and principles enshrined in the constitution; rights and obligations conferred by ordinary statutes; organizational set-up to enforce these rights and obligations within the constitutional norms; and the legal and judicial personnel. Which of the above statements is/are correct ?
- Border Roads Organization comes under which one of the following ministries of the Government of India ?
- Which one of the following ministries of the Government of India has proposed new rules for radar speed guns used to measure vehicle speeds on roads ?
- Which one of the following Ministries/Departments handles matters related to private air transport (including Cargo) Industry ?
- Serious Frauds Investigation Office functions under
- Conservation, development, management and abatement of pollution of rivers, excluding the river Ganga and its tributaries, is the responsibility of