If a money bill passed by legislative assembly and transmitted to the legislative council for its recommendations is not returned to the legislative assembly withinandhellip;andhellip;andhellip;andhellip;andhellip;andhellip;, it shall be deemed to have been passed by both houses at the expiration of the said period in the form in which it was passed by the legislative assembly.a)21 daysb)30 daysc)15 daysd)14 daysCorrect answer is option 'D'. Can you explain this answer?

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If a money bill passed by legislative assembly and transmitted to the legislative council for its recommendations is not returned to the legislative assembly within………………, it shall be deemed to have been passed by both houses at the expiration of the said period in the form in which it was passed by the legislative assembly.

a)
21 days
b)
30 days
c)
15 days
d)
14 days

Correct answer is option 'D'. Can you explain this answer?

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Passage:The President’s notification of the Constitution (Application to Jammu and Kashmir) Order of 2019 of August 5 amends Article 370 of the Indian Constitution and scraps its 65-year-old predecessor, The Constitution (Application to Jammu and Kashmir) Order of May 14, 1954. By junking the 1954 Order, the notification takes away the special rights and privileges enjoyed by the residents of Kashmir. It has effectively allowed the entire provisions of the Constitution, with all its amendments, exceptions and modifications, to apply to the area of Jammu and Kashmir. This is evident from the text of the August 5, 2019 notification. For one, the 2019 notification “supersedes” the 1954 Order. And two, it declares that “all the provisions of the Constitution, as amended from time to time, shall apply in relation to the State of Jammu and Kashmir”. It is important to note that Article 370(1)( c) explicitly mentions that Article 1 of the Indian Constitution applies to Kashmir through Article 370. Article 1 lists the states of the Union. This means that it is Article 370 that binds the state of J&K to the Indian Union. Removing Article 370, which can be done by a Presidential Order, would render the state independent of India, unless new overriding laws are made. The August 5 notification has been issued under Article 370 of the Constitution. In short, the government has employed Article 370, which had once protected the 1954 Order giving special rights to the people of Jammu and Kashmir, to scrap the sexagenarian Order.So far, the Parliament had only residuary powers of legislation in J&K. This included enacted of laws to prevent terror and secessionist activities, for taxation on foreign and inland travel and on communication. Now, the Centre has proposed the Jammu and Kashmir Reorganisation Bill of 2019, which says the new Union Territory of Jammu and Kashmir would be administered/governed like the Union Territory of Puducherry.The tabling of the proposed Reorganization Bill is also proof that the long reign of the 1954 Order has ended. The 1954 Order had introduced a proviso to Article 3, namely that “no Bill providingfor increasing or diminishing the area of the State of Jammu and Kashmir or altering the name or boundary of that State shall be introduced in Parliament without the consent of the Legislature of that State". That power of the State Legislature to give prior consent does not exist anymore. This has provided a free hand to the Centre to table the Re-organization Bill.The 1954 Order had also brought into existence Article 35A. This Article gave the State Legislature of Jammu and Kashmir exclusive power to define classes of persons who are/shall be permanent residents of the State; to confer permanent residents special rights and privileges and impose restrictions upon other persons from outside the State; make laws and conditions for State government employment, acquisition of immovable property, settlement rights, scholarships and other forms of aid from the State government.With the removal of the 1954 Order, the power of the State Legislature ceases to exist and Parliamentary laws, including that of reservation, would apply to Jammu and Kashmir as it does in other parts of the country. The government called this the end of “positive discrimination” and the closing of the “chasm” between residents of J&K and citizens of other parts of the country. The removal of the 1954 Order further also negates a clause which was added to Article 352. The Order had mandated that no proclamation of Emergency on grounds “only of internal disturbance or imminent danger shall have effect” in the State unless with the concurrence of the State government.The second part of the August 5, 2019 notification deals with the addition of a new clause to Article 367 which amends the proviso to clause (3) of 370. Article 367 deals with the applicability of the General Clauses Act 1897 to interpret the provisions of the Constitution,.The August 5 notification amends the expression “Constituent Assembly”, contained in the proviso to clause (3) of Article 370, to mean “Legislative Assembly”.Clause (3) of Article 370 gives the President power to end the special rights and privileges of the people of Jammu and Kashmir under the 1954 Order. However, the clause carries a rider. That is, the President would have to first get the consent of the Constituent Assembly of J&K before issuing such a notification. This rider or check on the President’s power was intended to give the people of the State a say in their own future. Now, theConstituent Assembly has ceased to exist since 1956, when it was dissolved. The Assembly, at the time of its dissolution, had said nothing about the abrogation of Article 370. Consequently, Article 370, though it resides among the ‘temporary provisions’ of the Constitution, is deemed have become a permanent feature of the Constitution.The August 5 notification has tided over this obstacle of a non-existent ‘Constituent Assembly’ by amending the expression in the proviso to ‘Legislative Assembly’. Ideally, any such amendment to the name of the ‘Constituent Assembly’ would require the assent of the Constituent Assembly itself. Besides, an amendment in Article 370 should have undergone the constitutional amendment procedure envisaged under Article 368 of the Constitution.But the government can, on the other hand, argue that the amendment made in its August 5 notification only applies to Jammu and Kashmir and not the entire Dominion of India, and so, does not require a constitutional amendment. This point of contention may reach the Supreme Court, where several petitions on the constitutionality of Article 35A, and in consequence Article 370, are pending for adjudication.Q.The legislative assembly of Jammu and Kashmir passes a law against the 100th Amendment Act of Parliament of India passed in 2015 in its session held on 20-1-20. The Speaker of the House attends the session and calls it path-breaking in the ethos of federal democracy where the legislative Assembly can pass a law showing true spirit of dissent against the Union.

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Read the following passage and answer the question as directed.The {X} Assembly in January, 2020 passed a resolution to pave way for abolition of the Legislative Council.Chief Minister of {X} moved a statutory resolution in the Assembly earlier in the day, seeking the abolition of the Legislative Council, which was approved by the members.Earlier, the State Cabinet chaired by the Chief Minister passed a resolution to abolish the council. The resolution was later moved in the Assembly and after a debate was approved with 133 members present in the 175-member House.The Chief Minister said that there was no need to have a council which was creating hurdles in making laws by elected representatives. Justifying the move, he said that the Council Chairmans decision to refer important bills passed by the Legislative Assembly to the Select Committee had caused concern among members of the Assembly and was against the interest of the people.The {X} Legislative Council with 58 members is dominated by the opposition Telugu Desam Party with 32 members and the ruling YSR Congress Party has 9 members. With the numbers not expected to change for at least two more years, the Jagan Government expects a tough task in carrying out legislative business. Government is facing the heat with the Legislative Council trying to block the proposed three capitals, as opposed to Amaravati as a capital city which was being developed by the N. Chandrababu Naidu regime. Government sees this as a move to provide a decentralised development model for the State.While the Legislative Assembly passed the bills seeking the three capitals and repeal of the {X} Capital Area Development Authority, the TDP-dominated Council has been insisting on referring them to a select committee.During the NT Rama Rao-led Telugu Desam regime, the Council was abolished in the united {X} in 1985, which was later revived by the Congress regime.Q.Which of the following statements do not qualify for the eligibility to become a Member of Legislative Council (MLC)?(i) It is necessary that a person who is elected to the Legislative Council should also be eligible to be chosen for the Legislative Assembly.(ii) The member must be of minimum 40 years of age.(iii) The member should hold the office of profit.(iv) The member shouldnt be an undischarged insolvent.

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Read the following passage and answer the question as directed.The {X} Assembly in January, 2020 passed a resolution to pave way for abolition of the Legislative Council.Chief Minister of {X} moved a statutory resolution in the Assembly earlier in the day, seeking the abolition of the Legislative Council, which was approved by the members.Earlier, the State Cabinet chaired by the Chief Minister passed a resolution to abolish the council. The resolution was later moved in the Assembly and after a debate was approved with 133 members present in the 175-member House.The Chief Minister said that there was no need to have a council which was creating hurdles in making laws by elected representatives. Justifying the move, he said that the Council Chairmans decision to refer important bills passed by the Legislative Assembly to the Select Committee had caused concern among members of the Assembly and was against the interest of the people.The {X} Legislative Council with 58 members is dominated by the opposition Telugu Desam Party with 32 members and the ruling YSR Congress Party has 9 members. With the numbers not expected to change for at least two more years, the Jagan Government expects a tough task in carrying out legislative business. Government is facing the heat with the Legislative Council trying to block the proposed three capitals, as opposed to Amaravati as a capital city which was being developed by the N. Chandrababu Naidu regime. Government sees this as a move to provide a decentralised development model for the State.While the Legislative Assembly passed the bills seeking the three capitals and repeal of the {X} Capital Area Development Authority, the TDP-dominated Council has been insisting on referring them to a select committee.During the NT Rama Rao-led Telugu Desam regime, the Council was abolished in the united {X} in 1985, which was later revived by the Congress regime.Q.Which of the following decides whether a state should have a Legislative Council or not?

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Read the following passage and answer the question as directed.The {X} Assembly in January, 2020 passed a resolution to pave way for abolition of the Legislative Council.Chief Minister of {X} moved a statutory resolution in the Assembly earlier in the day, seeking the abolition of the Legislative Council, which was approved by the members.Earlier, the State Cabinet chaired by the Chief Minister passed a resolution to abolish the council. The resolution was later moved in the Assembly and after a debate was approved with 133 members present in the 175-member House.The Chief Minister said that there was no need to have a council which was creating hurdles in making laws by elected representatives. Justifying the move, he said that the Council Chairmans decision to refer important bills passed by the Legislative Assembly to the Select Committee had caused concern among members of the Assembly and was against the interest of the people.The {X} Legislative Council with 58 members is dominated by the opposition Telugu Desam Party with 32 members and the ruling YSR Congress Party has 9 members. With the numbers not expected to change for at least two more years, the Jagan Government expects a tough task in carrying out legislative business. Government is facing the heat with the Legislative Council trying to block the proposed three capitals, as opposed to Amaravati as a capital city which was being developed by the N. Chandrababu Naidu regime. Government sees this as a move to provide a decentralised development model for the State.While the Legislative Assembly passed the bills seeking the three capitals and repeal of the {X} Capital Area Development Authority, the TDP-dominated Council has been insisting on referring them to a select committee.During the NT Rama Rao-led Telugu Desam regime, the Council was abolished in the united {X} in 1985, which was later revived by the Congress regime.Q.Which Article of the Constitution governs the abolition or creation of the Legislative Council of the State?

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Read the following passage and answer the question as directed.The {X} Assembly in January, 2020 passed a resolution to pave way for abolition of the Legislative Council.Chief Minister of {X} moved a statutory resolution in the Assembly earlier in the day, seeking the abolition of the Legislative Council, which was approved by the members.Earlier, the State Cabinet chaired by the Chief Minister passed a resolution to abolish the council. The resolution was later moved in the Assembly and after a debate was approved with 133 members present in the 175-member House.The Chief Minister said that there was no need to have a council which was creating hurdles in making laws by elected representatives. Justifying the move, he said that the Council Chairmans decision to refer important bills passed by the Legislative Assembly to the Select Committee had caused concern among members of the Assembly and was against the interest of the people.The {X} Legislative Council with 58 members is dominated by the opposition Telugu Desam Party with 32 members and the ruling YSR Congress Party has 9 members. With the numbers not expected to change for at least two more years, the Jagan Government expects a tough task in carrying out legislative business. Government is facing the heat with the Legislative Council trying to block the proposed three capitals, as opposed to Amaravati as a capital city which was being developed by the N. Chandrababu Naidu regime. Government sees this as a move to provide a decentralised development model for the State.While the Legislative Assembly passed the bills seeking the three capitals and repeal of the {X} Capital Area Development Authority, the TDP-dominated Council has been insisting on referring them to a select committee.During the NT Rama Rao-led Telugu Desam regime, the Council was abolished in the united {X} in 1985, which was later revived by the Congress regime.Q.Which among the following states doesnt constitute a Legislative Council?

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If a money bill passed by legislative assembly and transmitted to the legislative council for its recommendations is not returned to the legislative assembly within………………, it shall be deemed to have been passed by both houses at the expiration of the said period in the form in which it was passed by the legislative assembly.a)21 daysb)30 daysc)15 daysd)14 daysCorrect answer is option 'D'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about If a money bill passed by legislative assembly and transmitted to the legislative council for its recommendations is not returned to the legislative assembly within………………, it shall be deemed to have been passed by both houses at the expiration of the said period in the form in which it was passed by the legislative assembly.a)21 daysb)30 daysc)15 daysd)14 daysCorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for If a money bill passed by legislative assembly and transmitted to the legislative council for its recommendations is not returned to the legislative assembly within………………, it shall be deemed to have been passed by both houses at the expiration of the said period in the form in which it was passed by the legislative assembly.a)21 daysb)30 daysc)15 daysd)14 daysCorrect answer is option 'D'. Can you explain this answer?.

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