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Which of the following does not constitute the power of Parliament as per the Constitution?
  • a)
    It empowers Parliament to declare by law certain offices of profit as exempted from the operation of Article 102.
  • b)
    It empowers Parliament to make law to regulate the appointment of judges of supreme court and high court.
  • c)
    It empowers Parliament to add or remove any particular community from the Central list of communities under the Other Backward Classes.
  • d)
    It empowers Parliament to make laws on powers, privileges and immunities of each House of Parliament.
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
Which of the following does not constitute the power of Parliament as...
Option a is correct. Article 102(1) provides Parliament the power to make law defining the Office of Profit and in the process Parliament can exempt any office from the Offices of Profit. However, Parliament has not legislated any law on the same matter.
Option b is incorrect. Article 124 provides for the process of appointment of judges of supreme court. The Constitution has not provided Parliament any power to make law regulating the appointment process of judges of high court and supreme court.
Option c is correct. Article 338 B provides Parliament the power to amend the Central list of communities of Other backward classes. Before the 102nd amendment, this power lay with the National Commission for Backward Classes. However, with the 102nd amendment the power to amend the list lies with the Parliament.
Option d is correct. Article 105 provides collective and individual privileges to members of Parliament. The Constitution through this article provides Parliament the power to legislate on parliamentary privileges. Parliament has so far not legislated on this matter
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Which of the following does not constitute the power of Parliament as...
The correct answer is option 'B', which states that Parliament does not have the power to make laws to regulate the appointment of judges of the Supreme Court and High Court.

Explanation:
The power of Parliament as per the Constitution is outlined in various provisions. Let's discuss each option and identify which one does not constitute the power of Parliament:

a) It empowers Parliament to declare by law certain offices of profit as exempted from the operation of Article 102.
- This statement is correct. Article 102 of the Indian Constitution deals with disqualification for membership of Parliament if a person holds an office of profit under the government. Parliament has the power to exempt certain offices of profit from this disqualification by passing a law.

b) It empowers Parliament to make law to regulate the appointment of judges of the Supreme Court and High Court.
- This statement is incorrect. Parliament does not have the power to make laws to regulate the appointment of judges of the Supreme Court and High Court. The appointment of judges is regulated by the provisions mentioned in the Constitution itself, primarily by the President of India in consultation with the Chief Justice of India and other relevant authorities.

c) It empowers Parliament to add or remove any particular community from the Central list of communities under the Other Backward Classes.
- This statement is correct. Parliament has the power to add or remove any particular community from the Central list of communities under the category of Other Backward Classes (OBCs). This power is granted under Article 342 of the Constitution.

d) It empowers Parliament to make laws on powers, privileges, and immunities of each House of Parliament.
- This statement is correct. Parliament has the power to make laws on the powers, privileges, and immunities of each House of Parliament. These powers are derived from Article 105 of the Constitution.

In conclusion, option 'B' does not constitute the power of Parliament as per the Constitution because Parliament does not have the power to make laws to regulate the appointment of judges of the Supreme Court and High Court.
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Which of the following does not constitute the power of Parliament as per the Constitution?a)It empowers Parliament to declare by law certain offices of profit as exempted from the operation of Article 102.b)It empowers Parliament to make law to regulate the appointment of judges of supreme court and high court.c)It empowers Parliament to add or remove any particular community from the Central list of communities under the Other Backward Classes.d)It empowers Parliament to make laws on powers, privileges and immunities of each House of Parliament.Correct answer is option 'B'. Can you explain this answer?
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