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Which one of the following is a mandatory minimum requirement for a functional federation?
  • a)
    The States should be represented in the Upper House of the National Legislature.
  • b)
    Judicial Review
  • c)
    Distribution of legislative and administrative powers between the Central and State governments to ensure their independence within their spheres.
  • d)
    Distribution of legislative and administrative powers between the Central and State governments to ensure independent but coordinated exercise of the government.
Correct answer is option 'C'. Can you explain this answer?
Verified Answer
Which one of the following is a mandatory minimum requirement for a fu...
Indian Constitution is neither purely 'federal' nor purely 'unitary'. The federal form is clearly manifest in the constitutional distribution of powers between the union and the states not only in the legislative field but also in executive and administrative fields.
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Which one of the following is a mandatory minimum requirement for a fu...
Mandatory Minimum Requirement for a Functional Federation

Distribution of legislative and administrative powers between the Central and State governments to ensure their independence within their spheres is the mandatory minimum requirement for a functional federation.

Explanation

A federation is a political system in which power is divided between a central authority and constituent political units, such as states or provinces. In a functional federation, the distribution of power between the central and state governments is essential to ensure that each government operates independently within its sphere.

If the central government has too much power, it may undermine the autonomy of the state governments, leading to a breakdown of the federation. On the other hand, if the state governments have too much power, it may lead to a lack of coordination and cooperation between the central and state governments, leading to inefficiency and confusion.

Therefore, the distribution of legislative and administrative powers between the central and state governments is crucial to ensure that each government operates independently within its sphere while also coordinating and cooperating with the other governments.

Conclusion

In conclusion, the mandatory minimum requirement for a functional federation is the distribution of legislative and administrative powers between the central and state governments to ensure their independence within their spheres. This ensures that each government operates independently while also cooperating and coordinating with the other governments to achieve common goals.
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Community Answer
Which one of the following is a mandatory minimum requirement for a fu...
A federation is one where division of powers between the Centre and the States exists. Clearly, option c is the answer.
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Passage - 3Under our Constitution, the Legislature, Executive and Judiciary all have their own broad spheres of operation. Ordinarily it is not proper for any of these three organs of the State to encroach upon the domain of another, otherwise the delicate balance in the Constitution will be upset, and there will be a reaction. Judges must know their limits and must not try to run the Government. They must have modesty and humility, and not behave like Emperors. There is broad separation of powers under the Constitution and each organ of the State the legislature, the executive and the judiciary must have respect for the others and must not encroach into each other’s domains.The theory of separation of powers first propounded by the French thinker Montesquieu (in his book ‘The Spirit of Laws broadly holds the field in India too. In chapter XI of his book ‘The Spirit of Laws’ Montesquieu writes:When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. Again, there is no liberty, if the judicial power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression.In India, the judiciary occupies an important place. The constitution visualizes an independent judiciary to safeguard the rights of citizens. In a democratic polity, the independent judiciary is a sine qua non to the effective functioning of the system. Administration has to function according to the law and the Constitution. The judiciary has an important role to play in protecting the citizen against the arbitrary exercise of power by administration. In the context of ever-expanding activities of government and discretionary powers vested in the various administrative agencies and public officials, the need to protect and safeguard the citizens rights assumes significance and priority. In developing societies where the state is playing an important role in development, judiciary has a special responsibility to ensure social justice to the underprivileged sections of the community. However, it must be admitted that the courts cannot interfere in the administrative activities on their own accord even if such activities are arbitrary. They act only when their intervention is sought. Judicial intervention is restrictive in nature and limited in its scope.Q.Which among the following is the most critical inference that can be made from the above passage?

Under our Constitution, the Legislature, Executive and Judiciary all have their own broad spheres of operation.Ordinarily it is not proper for any of these three organs of the State to encroach upon the domain of another, otherwise the delicate balance in the Constitution will be upset, and there will be a reaction. Judges must know their limits and must not try to run the Government. They must have modesty and humility, and not behave like Emperors. There is broad separation of powers under the Constitution and each organ of the State the legislature, the executive and the judiciary must have respect for the others and must not encroach into each other’s domains.The theory of separation of powers first propounded by the French thinker Montesquieu (in his book ‘The Spirit of Laws' broadly holds the field in India too. In chapter XI of his book ‘The Spirit of Laws’ Montesquieu writes:When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. Again, there is no liberty, if the judicial power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression.In India, the judiciary occupies an important place. The constitution visualizes an independent judiciary to safeguard the rights of citizens. In a democratic polity, the independent judiciary is a sine qua non to the effective functioning of the system. Administration has to function according to the law and the Constitution. The judiciary has an important role to play in protecting the citizen against the arbitrary exercise of power by administration.In the context of ever-expanding activities of government and discretionary powers vested in the various administrative agencies and public officials, the need to protect and safeguard the citizen's rights assumes significance and priority. In developing societies where the state is playing an important role in development, judiciary has a special responsibility to ensure social justice to the underprivileged sections of the community. However, it must be admitted that the courts cannot interfere in the administrative activities on their own accord even if such activities are arbitrary. They act only when their intervention is sought. Judicial intervention is restrictive in nature and limited in its scope.Q. Which among the following is the most critical inference that can be made from the above passage?

Passage - 3Under our Constitution, the Legislature, Executive and Judiciary all have their own broad spheres of operation. Ordinarily it is not proper for any of these three organs of the State to encroach upon the domain of another, otherwise the delicate balance in the Constitution will be upset, and there will be a reaction. Judges must know their limits and must not try to run the Government. They must have modesty and humility, and not behave like Emperors. There is broad separation of powers under the Constitution and each organ of the State the legislature, the executive and the judiciary must have respect for the others and must not encroach into each other’s domains.The theory of separation of powers first propounded by the French thinker Montesquieu (in his book ‘The Spirit of Laws broadly holds the field in India too. In chapter XI of his book ‘The Spirit of Laws’ Montesquieu writes:When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. Again, there is no liberty, if the judicial power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression.In India, the judiciary occupies an important place. The constitution visualizes an independent judiciary to safeguard the rights of citizens. In a democratic polity, the independent judiciary is a sine qua non to the effective functioning of the system. Administration has to function according to the law and the Constitution. The judiciary has an important role to play in protecting the citizen against the arbitrary exercise of power by administration. In the context of ever-expanding activities of government and discretionary powers vested in the various administrative agencies and public officials, the need to protect and safeguard the citizens rights assumes significance and priority. In developing societies where the state is playing an important role in development, judiciary has a special responsibility to ensure social justice to the underprivileged sections of the community. However, it must be admitted that the courts cannot interfere in the administrative activities on their own accord even if such activities are arbitrary. They act only when their intervention is sought. Judicial intervention is restrictive in nature and limited in its scope.Q.Suppose a Judge gives the direction to create the post of tractor driver and regularizing the services against the newly created posts, will it be right that the judiciary is entering into policy making?

Under our Constitution, the Legislature, Executive and Judiciary all have their own broad spheres of operation.Ordinarily it is not proper for any of these three organs of the State to encroach upon the domain of another, otherwise the delicate balance in the Constitution will be upset, and there will be a reaction. Judges must know their limits and must not try to run the Government. They must have modesty and humility, and not behave like Emperors. There is broad separation of powers under the Constitution and each organ of the State the legislature, the executive and the judiciary must have respect for the others and must not encroach into each other’s domains.The theory of separation of powers first propounded by the French thinker Montesquieu (in his book ‘The Spirit of Laws' broadly holds the field in India too. In chapter XI of his book ‘The Spirit of Laws’ Montesquieu writes:When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. Again, there is no liberty, if the judicial power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression.In India, the judiciary occupies an important place. The constitution visualizes an independent judiciary to safeguard the rights of citizens. In a democratic polity, the independent judiciary is a sine qua non to the effective functioning of the system. Administration has to function according to the law and the Constitution. The judiciary has an important role to play in protecting the citizen against the arbitrary exercise of power by administration.In the context of ever-expanding activities of government and discretionary powers vested in the various administrative agencies and public officials, the need to protect and safeguard the citizen's rights assumes significance and priority. In developing societies where the state is playing an important role in development, judiciary has a special responsibility to ensure social justice to the underprivileged sections of the community. However, it must be admitted that the courts cannot interfere in the administrative activities on their own accord even if such activities are arbitrary. They act only when their intervention is sought. Judicial intervention is restrictive in nature and limited in its scope.Q. Suppose the Judiciary has intervened in the questions involving, allotment of a particular bungalow to a Judge, specific bungalows for the Judges pool, monkeys capering in colonies, stray cattle on the streets, will it be safe to say that the Judiciary is disturbing the delicate balance of the Constitution?

Under our Constitution, the Legislature, Executive and Judiciary all have their own broad spheres of operation.Ordinarily it is not proper for any of these three organs of the State to encroach upon the domain of another, otherwise the delicate balance in the Constitution will be upset, and there will be a reaction. Judges must know their limits and must not try to run the Government. They must have modesty and humility, and not behave like Emperors. There is broad separation of powers under the Constitution and each organ of the State the legislature, the executive and the judiciary must have respect for the others and must not encroach into each other’s domains.The theory of separation of powers first propounded by the French thinker Montesquieu (in his book ‘The Spirit of Laws' broadly holds the field in India too. In chapter XI of his book ‘The Spirit of Laws’ Montesquieu writes:When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. Again, there is no liberty, if the judicial power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression.In India, the judiciary occupies an important place. The constitution visualizes an independent judiciary to safeguard the rights of citizens. In a democratic polity, the independent judiciary is a sine qua non to the effective functioning of the system. Administration has to function according to the law and the Constitution. The judiciary has an important role to play in protecting the citizen against the arbitrary exercise of power by administration.In the context of ever-expanding activities of government and discretionary powers vested in the various administrative agencies and public officials, the need to protect and safeguard the citizen's rights assumes significance and priority. In developing societies where the state is playing an important role in development, judiciary has a special responsibility to ensure social justice to the underprivileged sections of the community. However, it must be admitted that the courts cannot interfere in the administrative activities on their own accord even if such activities are arbitrary. They act only when their intervention is sought. Judicial intervention is restrictive in nature and limited in its scope.Q. If Courts enter into executive domain or in matters of policy, which principle or standard will it be violating?

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Which one of the following is a mandatory minimum requirement for a functional federation?a)The States should be represented in the Upper House of the National Legislature.b)Judicial Reviewc)Distribution of legislative and administrative powers between the Central and State governments to ensure their independence within their spheres.d)Distribution of legislative and administrative powers between the Central and State governments to ensure independent but coordinated exercise of the government.Correct answer is option 'C'. Can you explain this answer?
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Which one of the following is a mandatory minimum requirement for a functional federation?a)The States should be represented in the Upper House of the National Legislature.b)Judicial Reviewc)Distribution of legislative and administrative powers between the Central and State governments to ensure their independence within their spheres.d)Distribution of legislative and administrative powers between the Central and State governments to ensure independent but coordinated exercise of the government.Correct answer is option 'C'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Which one of the following is a mandatory minimum requirement for a functional federation?a)The States should be represented in the Upper House of the National Legislature.b)Judicial Reviewc)Distribution of legislative and administrative powers between the Central and State governments to ensure their independence within their spheres.d)Distribution of legislative and administrative powers between the Central and State governments to ensure independent but coordinated exercise of the government.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which one of the following is a mandatory minimum requirement for a functional federation?a)The States should be represented in the Upper House of the National Legislature.b)Judicial Reviewc)Distribution of legislative and administrative powers between the Central and State governments to ensure their independence within their spheres.d)Distribution of legislative and administrative powers between the Central and State governments to ensure independent but coordinated exercise of the government.Correct answer is option 'C'. Can you explain this answer?.
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