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Law Optional writing practise solution

09/10 Oct | CONSTITUTIONAL LAW| UPSC 2017 LAW OPTIONAL MAINS QUESTION

QUESTION | 'Secularism' an essential feature of the Constitution of India? Explain in the light of decided cases Importance - This question was asked in UPSC 2017 LAW OPTIONAL MAINS QUESTION POSTED ON | 09.10.2021 MODEL ANSWER WILL BE POSTED ON | 10.10.2021 Answers can be written till 10.10.2021. How to post answer ? 1. Write your answer in a sheet of paper 2. Take picture 3. Login to get access to post answer 4. Upload the images to get them evaluated To join our telegram group click here For UPSC Law Optional Mains Courses click here YES. SECULARISM IS AN ESSENTIAL FEATURE. Kesavananda v. State of Kerala, AIR 1973 SC 1461 : The Supreme Court has declared secularism as the basic feature of the Indian Constitution. S R Bommai v Union of India (1994) 3 SCC 1 : The Supreme Court has ruled that secularism is an essential feature of the Constitution. The concept of secularism is embedded in the Constitution. The concept means that the State is to accord equal treatment to all religions and religious sects and denominations.State of Karnataka v. Praveen Bhai Thogadia, (2004) 4 SCC 684 : Secularism is a part of fundamental law and an unalienable segment of the basic structure of the country’s political system. SECULARISM IN INDIAN CONSTITUTION : The expression “secularism” was not originally there in the constitution. And the same was inserted in the Preamble by Constitution (Forty-second Amendment) Act, 1976. This was done to spell out expressly the high ideas of secularism and the compulsive need to maintain the integrity of the nation which are subjected to considerable stresses and strains, and vested interests have been trying to promote their selfish ends to the great detriment of the public good. WHY IS IT AN ESSENTIAL FEATURE IN INDIAN CONSTITUTION : Each person, whatever be his religion, must get an assurance from the State that he has the protection of law freely to profess, practise and propagate his religion and freedom of conscience. Religion cannot be mixed with secular activities of the State and fundamentalism of any kind cannot be permitted to masquerade as political philosophies to the detriment of the larger interest of society and basic requirement of a Welfare State. In a nine judge Bench decision of Supreme Court in S R Bommai v Union of India (1994) 3 SCC 1, Justice B P Jeevan Reddy held: ― Secularism is thus more than a passive attitude of religious tolerance. It is a positive concept of equal treatment of all religions. This attitude is described by some as one of neutrality towards religion or as one of benevolent neutrality. This may be a concept evolved by western liberal thought or it may be, as some say, an abiding faith with the Indian people at all points of time. That is not material. What is material is that it is a constitutional goal and a basic feature of the Constitution as affirmed in Kesavananda Bharati [Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225 : 1973 Supp SCR 1] and Indira N. Gandhi v. Raj Narain [1975 Supp SCC 1 : (1976) 2 SCR 347] Any step inconsistent with this constitutional policy is, in plain words, unconstitutional. Verma, J., delivering the majority opinion in M. Ismail Faruqui v. Union of India , AIR 1995 SC 605. observed in relation to the concept of secularism: "The Preamble of the Constitution read in particular with Articles 25 to 28 … the concept of secularism embodied in the constitutional… The concept of secularism is one facet of the right to equality woven as the central golden thread in the fabric depicting the pattern of the scheme in our Constitution."

Daily Free writing practice for Judicial Service Exams

07/08 Oct| Important Haryana Judiciary question

QUESTION | Explain the difference between implications of the rejection of plaint and return of plaint.Importance of this question : This question was asked in Haryana Judiciary Civil law Paper 1 QUESTION POSTED ON | 07.10.2021 MODEL ANSWER WILL BE POSTED ON | 08.10.2021 Answers can be written till 08.10.2021. How to post answer ? 1. Write your answer in a sheet of paper 2. Take picture 3. Login to get access to post answer 4. Upload the images to get them evaluated Join our telegram group | Exclusive group for Judicial Service Preparation For UPSC Law Optional Mains Courses click here How to answer this question? 1. This question can be attempted in two parts: First part- When a plaint is returned along with relevant provisions and under what grounds a plaint is rejected by court. 2. In second part discuss implications of return and rejection of plaint. Return of Plaint: It means when a plaint is instituted before a court which has no jurisdiction to try that suit, it can return the plaint to be filed before jurisdictional court. Order 7 Rule 10 of CPC: When a plaint is presented before the court, it has choice of admitting or returning the plaint. Plaint is returned subject to the provisions of Rule 10A of Order 7 on the ground that it has no jurisdiction to try the suit. Rejection of Plaint: The court can reject a plaint when it is found to be deficient of any the factors provided under Rule 11 of Order 7 at any time before the conclusion of trial. It is merely an order indicating that requisite standards are not met. Order 7 Rule 11: provides for different grounds on which a plaint is rejected by the court. The court can reject the plaint on following grounds available under Rule 11(1)- a) When cause of action is absent in the plaint. b) When the relief claimed is undervalued and court had given opportunity to correct the valuation but plaintiff failed to do so. c) When the plaint-paper is not properly stamped and plaintiff fails to supply required stamp paper within the reasonable time allotted by the court. d) When it appears from the statement in the plaint that suit is barred by any law. e) When plaint is not filed in duplicate f) If the plaintiff has failed to comply the provisions of sub-rule 2 of Rule 9. Difference between the implications of return and rejection of plaint

Law Optional writing practise solution

07/08 Oct| UPSC 2018 MAINS QUESTION

QUESTION | What are the various modes of judicial control of delegated legislation? Importance - This question was asked in UPSC 2018 Law Optional mains paper QUESTION POSTED ON | 07.10.2021 MODEL ANSWER WILL BE POSTED ON | 08.10.2021 Answers can be written till 08.10.2021. How to post answer ? 1. Write your answer in a sheet of paper 2. Take picture 3. Login to get access to post answer 4. Upload the images to get them evaluated To join our telegram group click here For UPSC Law Optional Mains Courses click here THE CONCEPT | Delegated legislation means subordinate legislation i.e. rules of laws made under the authority of an Act of Parliament. The term ‘Delegated legislation’ is used in two senses- a) to exercise the legislative power by subordinate agents, or b) the subsidiary rules themselves which are made by the subordinate authority in pursuance of the powers conferred on it by the legislature”. Modes of control of delegated legislation are- ·Parliamentary or legislative control·Judicial control·Executive or Administrative control Judicial control of delegated legislation Judiciary exercises effective control over delegated legislation in India. The validity of delegated legislation can be examined by the courts on various grounds. Article 246 distributes legislative powers based on three lists, i.e. Union list, State list and Concurrent list. Court exercises its power of judicial review to consider whether the delegated or subordinate legislation is consistent with the ‘Enabling Act’. If the law is inconsistent with the constitutional provisions or parent Act, then it would be declared as ultra-vires. The delegated legislation would become invalid on the following grounds- a)The delegating statute or enabling Act is unconstitutional. b)The subordinate legislation violates the provisions of Constitution. c)The subordinate legislation is ultra vires to delegating Act. d)Delegated legislation is mala-fide In re Delhi Laws Act case,[ AIR 1951 SC 347.] the majority of the Judges held the exercise of delegated law-making power invalid because the enabling Act exceeded the constitutional limits in permitting the Executive to repeal a law existing in the area. In M/s. Dwarka Pd. v. State of U.P,[ AIR 1954 SC 224.] the court held clause 3(1) of U.P. Coal Control Order, 1953 ultra vires because it gave unrestricted power to the State Controller to make exceptions and even if he acted arbitrarily there was no check over him and no redress was available against it. Therefore, the Court held that it violative of Article 19(1 )(g) of the Constitution of India. In the case of State of Rajasthan v. Union of India,[ AIR 1977 SC 1361.] it was held that if proclamation of President under Article 356 is in effect and power is used in mala fide manner then such proclamation can be challenged. The court has jurisdiction to review such malafide exercise of power. In Kerala State Electricity Board v. Indian Aluminium Co.,[ AIR 1976 SC 1031.] the court held that delegated legislation is invalid if it is not within the scope of the rule-making power provided in the statute.

Law Optional writing practise solution

05/06 Oct | CONSTITUTIONAL LAW| UPSC LAW OPTIONAL 2018 MAINS Important question

QUESTION | Analyse the relevance of doctrine of eminent domain under the Constitution of India. Explain the limitations of this doctrine with the help of case law. Importance of this question - This question was asked in 2018 UPSC LAW OPTIONAL mains paper. QUESTION POSTED ON | 05.10.2021 MODEL ANSWER WILL BE POSTED ON | 06.10.2021 Answers can be written till 06.10.2021. How to post answer ? 1. Write your answer in a sheet of paper 2. Take picture 3. Login to get access to post answer 4. Upload the images to get them evaluated To join our telegram group click here For UPSC Law Optional Mains Courses click here ORIGIN | Doctrine of ‘eminent domain’ has its origins in India in pre-constitutional colonial British law. This doctrine states the acquisition of private land for public purpose and providing compensation for such acquisition. It is based on two maxims- 1)Salus populi supema lex which means welfare of the people is the paramount of law 2)Necessitas publica major est quam which means public necessity is greater than private necessity RELEVANCE OF THE DOCTRINE UNDER INDIAN CONSTITUTION DISCUSSED WITH ITS LIMITATION Limitations of doctrine of ‘Eminent Domain’ are ·Private Property of a person is acquired for public use.·Compensation is to be paid for such acquisition. Provisions related to private property are provided under Article 31A, 31B, 31C and 300A of the Constitution. Article 31A provides that any law which provides for acquisition of private property by the state shall not be void. Earlier right to property was a fundamental right under Article 19(1)(f) and 31 but both the provisions were repealed by 44th Amendment Act and it’s a legal right under Article 300A. Article 300A provides, “No person shall be deprived of his property save by authority of law.” For instance, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 regulates land acquisition for public purpose and provides for rehabilitation and resettlement facilities to the individuals whose lands are acquired by the government for public purpose. In State of Bihar v. Kameshwar Singh, the apex court defined the doctrine of ‘Eminent Domain’ as the power of a sovereign to take property for public use without the consent of owner by giving just compensation to him. In Indian Handcrafts Emporium & ors. v. Union of India & ors,[ (1960) 2 SCR 671.] the court held that the right to acquire, hold and dispose of the property has ceased to be a fundamental right but it continues to be legal right and no person can be deprived of his property save and except by and in accordance with the law.

Daily Free writing practice for Judicial Service Exams

05/06 Oct | CPC IMPORTANT QUESTION

QUESTION | Explain the concept of Precept under CPC, 1908 and also the circumstances under which an order for attachment before judgment is passed by a civil court. Importance of this question : This question was asked in Haryana Judiciary as 20 marker question. QUESTION POSTED ON | 05.10.2021 MODEL ANSWER WILL BE POSTED ON | 06.10.2021 Answers can be written till 06.10.2021. How to post answer ? 1. Write your answer in a sheet of paper 2. Take picture 3. Login to get access to post answer 4. Upload the images to get them evaluated Join our telegram group | Exclusive group for Judicial Service Preparation For UPSC Law Optional Mains Courses click here How to answer this question? This question has two parts – make a side heading for each part so you cover all parts of the given question. In first part- discuss the meaning of Precept as provided under Section 46 of CPC, why concept of Precept emerged, in what cases Precept is issued, what are the drawbacks for order of Precept.In second part, discuss under what situations a property is attached before judgment and under what provisions.Plan for landmark cases and recent cases on the issue Meaning of Precept: Section 46 of CPC provides for the concept of Precept. Precept is a request by one court to another court to attach the property which is within the local limits of another court. Need of Precept order: The concept of Precept came because Section 39(4) provides that court cannot attach the property outside its jurisdiction. Therefore, court issues a Precept order to another court within whose jurisdiction the property to be attached is situated. Why Precept is issued? The Precept Order is normally issued by one court to other court while executing a decree to attach the property of the judgment debtor situated in the jurisdiction of that other court. It simply means that if any property which is to be attached by the court is situated in the territorial jurisdiction of other court, then in such case, the court which has passed the decree can issue a precept order to that other court to attach that property of the judgment debtor. Drawback of Precept order But the drawback of Precept is that by way of precept property can be attached for only two months after that it has to be de-attached but the court can extend the period beyond 2 months. Attachment of property before judgment Order 38 Rules 5 to 13 provides for attachment of property before the judgment. Attachment of property before the judgment is done for the primary objective of preventing the defendant’s attempt to defeat the decree’s realization which is passed in favor of plaintiff. In Sardar Govindrao vs Devi Sahai, the Supreme Court observed that “an order for attachment before judgment is given in cases where the plaintiff’s application is successful in convincing the court that- · the defendant had intended either to delay any decree’s execution or · obstruct it, or · is about to give away the whole or any part of his property from the Court’s local limits of the jurisdiction. Circumstances under which the property can be attached i. When the court is satisfied that the defendant is about to dispose of the whole or part of his property with intention to obstruct or delay the execution of decree passed against him. ii. When the court is satisfied that the defendant is about to remove the whole or any part of his property from the local limits of the jurisdiction of the court. iii. When defendant fails to show cause that why he should not furnish security or fails to furnish it. iv. Attachment can be made in the process of execution of decree. Once the property is attached before judgment it shall not be re-attached in execution of decree. Any property attached on court’s order before the passing of judgment shall not affect the rights of strangers and decree holder is not restricted from applying for sale [ Order 38 Rule 10]. In Hari Sankar v. Bhoori Devi, the court held that in order to ascertain whether this kind of order need to be made, the following two conditions should be satisfied: That an attempt is made judgment debtor to dispose the property wholly or in part, andThat the intention of judgment debtor behind such disposal is either to obstruct or delay the execution of decree which may passed in favour of decree holder.

Law Optional writing practise solution

03/04 Oct| CONSTITUTIONAL LAW| UPSC LAW OPTIONAL MAINS 2018 question

QUESTION | Critically evaluate the changing dimensions of the concept of ‘State’ under Article 12 of the constitution of India, 1950. Importance of this question : This question was asked as question 1(c)-UPSC Law Optional Mains 2018 QUESTION POSTED ON | 03.10.2021 MODEL ANSWER WILL BE POSTED ON | 04.10.2021 Answers can be written till 04.10.2021. How to post answer ? 1. Write your answer in a sheet of paper 2. Take picture 3. Login to get access to post answer 4. Upload the images to get them evaluated To join our telegram group click here For UPSC Law Optional Mains Courses click here ANSWER | Meaning of ‘State’: Article 12 for the purposes of Part III explains that ‘state’ includes: 1. Government and Parliament of India, i.e. executive and legislative wings of the Union government. 2. Government and legislature of states, i.e. executive and legislative wings of state government. 3. All local authorities. 4. All other authorities, that is, statutory or non statutory authorities like LIC, ONGC, SAIL, etc. Amongst the categories stated above, the categories which require concrete explanation are the Local and other authorities. Let’s discuss them in detail. They have been interpreted widely and responsible for changing dimension of concept of state. Local Authorities: As per Article 12 this expression refers to authorities like municipalities, district boards, panchayats, improvement trusts, Port trusts, Mining settlement Boards etc. Furthermore, under Section 3(31) of The General Clauses Act, 1897 local authority has been defined to include a municipal committee, district board, body of port Commissioners or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund. Other Authorities: Article 12 provides a list of authorities falling within the definition of state by referring to ‘other authorities’ within the territory of India or under the control of Government of India. The authorities which the judiciary has stated to be included within the definition of state are : ·The Electricity Board of Rajasthan: In the case of Electricity Board, Rajasthan SEB v. Mohan Lal (1967) it was held that Board had power to give directions, the disobedience of which was punishable as an offence. ·ONGC, IFC, LIC: In Sukhdev Singh v. Bhagatram Raghuvanshi (1975) it was held that the three corporations were created by statutes, and had the statutory power to make binding rules and regulations, and were subject to pervasive governmental control. ·Judiciary: In Rupa Ashok Hurra v. Ashok Hurra (2002) it was held that no judicial proceeding could be said to violate any of the Fundamental rights and that it is a settled position of law that superior courts of justice did not fall within the ambit of ‘state’ or ‘other authorities’ under Article 12. Thus, it can be stated that when a judicial body is performing judicial functions, it would not fall under the definition of State but when it performs any administrative or similar functions it will fall under the definition of “state” and that remedy could be sought in that context only in case of violation of fundamental rights. Test to Determine Other Authorities: In the case of Ajay Hasia v. Khalid Mujib Sehravardi (1981), the court stated that an authority will be considered as an instrument of state if following factors are satisfied: 1. If the entire share capital of the corporation is held by Government; 2. Where the financial assistance of the State is so much as to meet almost entire expenditure of the corporation; 3. Whether the corporation enjoys monopoly status which is State conferred or State protected. 4. Existence of deep and pervasive State control; 5. If the functions of the corporation are of public importance and closely related to Governmental functions; 6. If a department of Government is transferred to a corporation; Critical analysis | Judiciary has tried to widen the scope of definition of state to make sure that fundamental rights are enforceable against it. However, NCERT was not held to be state in Chandra Mohan Khanna v NCERT as it was only an advisory body to assist and advise the Ministry of Education and Social Welfare in the implementation of the Governmental policies and major programs in the field of education particularly school education. But the very same role is essentially a major function of state ( to impart education). That too as we aim for a welfare state, such body which is prime pillar of country’s education could not be made immune to enforce fundamental rights against it. Other example, Zee Telefilms Ltd and Anr vs. Union of India Ors (2005), it was held that BCCI is not an instrumentality of the State and it doesn’t belong under Article 12. The same was reaffirmed in 2011 in the case of A.C. Muthiah v. BCCI & Anr 2011, due to its state-like functions and monopolistic behavior in the market, there have been several debates on reforming BCCI to a government body. However it was made a public authority under RTI. Yes, there certain bodies which need to be included into the definition to achieve a perfect welfare state.

Daily Free writing practice for Judicial Service Exams

03/04 Oct| Important RJS 2018 CPC Question

QUESTION | Write a short note on suits by Indigent persons. Under what circumstances court shall reject the application for permission to sue as an Indigent Person? Importance of this question : This question was asked in RJS 2018 Mains Paper 1. QUESTION POSTED ON | 03.10.2021 MODEL ANSWER WILL BE POSTED ON | 04.10.2021 Answers can be written till 04.10.2021. How to post answer ? 1. Write your answer in a sheet of paper 2. Take picture 3. Login to get access to post answer 4. Upload the images to get them evaluated To join our telegram group click here For UPSC Law Optional Mains Courses click here ANSWER: Order 33 of CPC provides the procedure for institution of a suit by an indigent person. The intent of the legislature to provide such rules was to enable the indigent (pauper) to file a suit without paying nay court fees. Indigent person: is one who is not possessed with sufficient means to pay the court fee in the suit or if no court fee is prescribed for any suit, he is not entitled to property worth Rs. 1000. Order 33 Rule 2 provides that indigent person can file a suit by making an application seeking permission of the court to apply as an indigent person. His application must include the following: a) all the particulars what are mentioned in the Plaint b) and all the movable or immovable properties of the indigent person with its estimate value c) signature and verification as provided under Rule 14, 15 of Order 6. The application must be presented in person unless the court has exempted it. Rejection of application- Order 33 Rule 5 It provides that the court will prima facie reject an application seeking permission of the court to apply as an indigent person in the following circumstances: a) If the application was not presented in the manner prescribed under Rule 2 and 3 of Order 33. b) If applicant is found not to be an indigent person. c) If the applicant fraudulently disposed of his property within two months before presentation of the application. d) If there is no cause of action. e) If applicant has entered into an agreement with any third party and in respect to subject matter of the suit wherein other party obtains interest. f) If the suit is barred by law.

Daily Free writing practice for Judicial Service Exams

01/02 Oct | CPC important question

QUESTION | Define ‘Pleader’ under Civil Procedure Code, 1908? Describe the provisions related to appointment of the pleader. Importance of this question : This concept has been asked several times in various state judicial service exams. Especially recently asked in Madhya Pradesh Judicial Service Exam. QUESTION POSTED ON | 01.10.2021 MODEL ANSWER WILL BE POSTED ON | 02.10.2021 Answers can be written till 02.10.2021. How to post answer ? 1. Write your answer in a sheet of paper 2. Take picture 3. Login to get access to post answer 4. Upload the images to get them evaluated Join our telegram group | Exclusive group for Judicial Service Preparation How to answer this question? This question has two parts – make a side heading for each part so you cover all parts of the given question. In first part discuss the definition provided under CPC mentioning the relevant Section number.In second part, discuss the provisions of Rule 4 of Order 3 of CPC.Start writing the answer with apt legal terminologies Answer: General Meaning of Pleader: ‘Pleader’ is a person who can plead before the court in any given matter. Relevant Provision: Section 2(15) of CPC, 1908 defines, the term ‘Pleader’ as any person entitled to appear and plead for another in court and includes an advocate, a Vakil and an attorney of a High Court. Primary provisions dealing with ‘Pleader’ are provided under Rules 1- 6 of Order III of CPC, 1908. Appointment of Pleader: Order 3, Rule 4 a) Person acts as a pleader for any person when he is appointed for that purpose by any person by document in writing signed by: · That person, or · His recognized agent, or · Some other person duly authorized by or under a power of attorney to make such appointment. b) Appointment of pleader shall be filed in court and it will remain in force: · Until determined by the client or pleader in writing with the leave of court, or · Until the death of pleader or client, or · Until all proceedings in the suit in regards to client end.

Law Optional writing practise solution

01/02 Oct | Important Question

QUESTION | Enumerate the list of Fundamental Duties as provided in the Constitution of India. What is the rationale of incorporation of Fundamental Duties under the Indian Constitution through the Constitutional (Forty-second Amendment) Act, 1976? QUESTION POSTED ON | 01.10.2021 MODEL ANSWER WILL BE POSTED ON | 02.10.2021 Answers can be written till 02.10.2021. How to post answer ? 1. Write your answer in a sheet of paper 2. Take picture 3. Login to get access to post answer 4. Upload the images to get them evaluated To join our telegram group click here For UPSC Law Optional Mains Courses click here THE HISTORY | Originally, there were no fundamental duties under the Constitution. Swaran Singh Committee recommended for adding a list of fundamental duties under the Constitution and therefore, based on such recommendations 42nd Amendment Act, 1976 inserted Part IVA consisting of Article 51A providing for ‘Fundamental duties’. Article 51A provides for the following fundamental duties to every citizen of India: a) To abide by the Constitution and respect its ideals and institutions, the National flag and National Anthem. b) To cherish and follow the noble ideals which inspired our national struggle for freedom. c) To uphold and protect the sovereignty, unity and integrity of India. d) To defend the country and render national service when called upon to do so. e) To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities, to renounce practices derogatory to the dignity of women. f) To value and preserve the rich heritage and composite culture. g) To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures. h) To develop the scientific temper, humanism and the spirit of inquiry and reform. i) To safeguard public property and to abjure violence. j) To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement. Clause k) was added o this Article with the 86th Amendment Act which provides that it shall be the duty of parent or guardian to provide education opportunities to his child who is between the age group of six and fourteen years. THE NEED | The need for fundamental duties was felt when National emergency was imposed in 1975. Subsequently Swaran Committee recommended for certain fundamental duties out of that list some duties were not inserted in the Constitution like imposing penalty on non compliance with the duties and duty to pay taxes. Part IV A has brought out Constitution in line with Article 29(1) of the Universal Declaration of Human Rights, 1948 which states, ‘Everyone has duties to the community in which alone the free and full development of his personality is possible.’ The fundamental duties serve as a constant reminder to every citizen while the Constitution specifically conferred on them certain fundamental rights. Certain basic norms of democratic conduct and democratic behavior must be observed by the citizens. These are not enforceable but court can take them into account while adjudicating a matter. Important judicial pronouncements 1) Shyam Narayan Chouksey v. Union of India 2018 SC [National Anthem case] The court held that playing or singing the National Anthem in cinema is mandatory and everyone present in the cinema should respect it being a fundamental duty. 2) MC Mehta v. Union of India 1983 1 SCC 471 In this case, the Supreme Court held that Article 51A(g) provides that it is duty of the Central government to introduce compulsory teaching of lessons at least for one hour in a week in relation to protection and improvement of natural environment in all educational institutions of India 3) Bijoe Emmanuel & ors. v. State of Kerala AIR 1987 748 The Supreme Court held that expulsion of children from school on the ground that they were not singing National Anthem amounts to violation of their right to freedom of expression and Article 25 because there is no law that expressly obliges individuals to sing the National Anthem. It is not considered as non- compliance with fundamental duty provided under Article 51A(a) because children stood for prayers which shows respect towards National Anthem. FOR LATEST UPSC LAW OPTIONAL MAINS COURSE CLICK HERE

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29/30 Sept | Daily Free writing practice for Judicial Service Exams

QUESTION | What are Money Bills under the Constitution? By which judgment a Constitution Bench of the Hon’ble Supreme Court upheld the passing of Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 as a Money Bill? Importance of this question : This concept has been asked several times in various state judicial service exams. Especially recently asked in Madhya Pradesh Judicial Service Exam. QUESTION POSTED ON | 29.09.2021 MODEL ANSWER WILL BE POSTED ON | 30.09.2021 Answers can be written till 30.09.2021. How to post answer ? 1. Write your answer in a sheet of paper 2. Take picture 3. Login to get access to post answer 4. Upload the images to get them evaluated Join our telegram group | Exclusive group for Judicial Service Preparation How to answer this question? This question can be divided into 2 parts: In first part, Discuss the meaning if Money Bills, relevant Article, is it different from financial bills, In which House its introduced, examples of Money Bills. In second part, Discuss the Judgment by which Aadhaar Act 2016 was upheld and on what grounds. Answer: Money Bill is defined under Article 110 of the Constitution of India, 1950. Meaning: Money Bill is a kind of Financial Bill but all financial bills are not Money Bills. The difference is that Money Bills are always introduced in Lok Sabha only. The bills which exclusively deal with financial matters enumerated under Article 110 are Money Bills, for example: a) Bill for imposition, abolition, remission, alteration or regulation of any tax. b) Appropriation of money outside Consolidated Fund of India One significant development in this regard made by the Supreme Court includes the judgment delivered by it in the case of Justice K.S Puttaswamy v. Union of India, (2018). In this case, the apex court by 4:1 majority upheld the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 as constitutional. It ruled that the Act empowers disenfranchised sections of society by providing them better access to fundamental entitlements, such as State subsidies. The Court held that the Act was competently passed by Parliament, even though it was passed as a Money Bill. FOR JUDICIAL SERVICE COURSES CLICK HERE