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Consider the following statements.
- Under the Constitution, the Parliament has the exclusive jurisdiction to legislate in respect of personal laws.
- The Constitution itself protects local customs of some of the states like Nagaland, Meghalaya and Mizoram.
- Once a legislative field is occupied by parliamentary legislation, states do not have much freedom to enact laws.
Which of the above statements is/are correct?
- a)1, 2
- b)2, 3
- c)3 only
- d)1, 2 and 3
Correct answer is option 'B'. Can you explain this answer?
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Most Upvoted Answer
Consider the following statements. Under the Constitution, the Parliam...
Explanation:
The correct answer is option 'B' - 2, 3.
Statement 1: Under the Constitution, the Parliament has the exclusive jurisdiction to legislate in respect of personal laws.
This statement is incorrect. The Parliament does not have exclusive jurisdiction to legislate in respect of personal laws. Article 25 of the Constitution guarantees the freedom of religion, which includes the right to practice, profess, and propagate religion. Personal laws, which govern matters such as marriage, divorce, inheritance, and adoption, are based on religious customs and practices. These laws are primarily within the domain of religious communities and are not subject to parliamentary legislation. However, the Parliament has the power to regulate certain aspects of personal laws, such as the protection of women's rights and the prohibition of practices like dowry and triple talaq.
Statement 2: The Constitution itself protects local customs of some of the states like Nagaland, Meghalaya, and Mizoram.
This statement is correct. Article 371 of the Constitution provides special provisions for the states of Nagaland, Meghalaya, and Mizoram. These provisions protect the local customs, traditions, and laws of these states. It ensures that the laws enacted by the Parliament do not override the unique social and cultural practices of these states.
Statement 3: Once a legislative field is occupied by parliamentary legislation, states do not have much freedom to enact laws.
This statement is correct. The Constitution provides for a division of legislative powers between the Parliament and the state legislatures. The Seventh Schedule of the Constitution lists the subjects on which the Parliament and the state legislatures can make laws. If the Parliament has already enacted legislation on a particular subject, the state legislatures cannot make laws on the same subject unless there is a specific provision in the Constitution allowing them to do so. This is known as the doctrine of occupied field, which means that once a legislative field is occupied by parliamentary legislation, the states have limited freedom to enact laws in that field.
In conclusion, statement 2 and statement 3 are correct, while statement 1 is incorrect. Therefore, the correct answer is option 'B' - 2, 3.
The correct answer is option 'B' - 2, 3.
Statement 1: Under the Constitution, the Parliament has the exclusive jurisdiction to legislate in respect of personal laws.
This statement is incorrect. The Parliament does not have exclusive jurisdiction to legislate in respect of personal laws. Article 25 of the Constitution guarantees the freedom of religion, which includes the right to practice, profess, and propagate religion. Personal laws, which govern matters such as marriage, divorce, inheritance, and adoption, are based on religious customs and practices. These laws are primarily within the domain of religious communities and are not subject to parliamentary legislation. However, the Parliament has the power to regulate certain aspects of personal laws, such as the protection of women's rights and the prohibition of practices like dowry and triple talaq.
Statement 2: The Constitution itself protects local customs of some of the states like Nagaland, Meghalaya, and Mizoram.
This statement is correct. Article 371 of the Constitution provides special provisions for the states of Nagaland, Meghalaya, and Mizoram. These provisions protect the local customs, traditions, and laws of these states. It ensures that the laws enacted by the Parliament do not override the unique social and cultural practices of these states.
Statement 3: Once a legislative field is occupied by parliamentary legislation, states do not have much freedom to enact laws.
This statement is correct. The Constitution provides for a division of legislative powers between the Parliament and the state legislatures. The Seventh Schedule of the Constitution lists the subjects on which the Parliament and the state legislatures can make laws. If the Parliament has already enacted legislation on a particular subject, the state legislatures cannot make laws on the same subject unless there is a specific provision in the Constitution allowing them to do so. This is known as the doctrine of occupied field, which means that once a legislative field is occupied by parliamentary legislation, the states have limited freedom to enact laws in that field.
In conclusion, statement 2 and statement 3 are correct, while statement 1 is incorrect. Therefore, the correct answer is option 'B' - 2, 3.
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Community Answer
Consider the following statements. Under the Constitution, the Parliam...
- Under the Constitution, the power to legislate in respect of personal laws rests with both Parliament and state Assemblies. Preservation of legal diversity seems to be the reason for inclusion of personal law in the Concurrent List (entry No. 5).
- Once a legislative field is occupied by parliamentary legislation, states do not have much freedom to enact laws. Such laws would require Presidential assent under Article 254.
- The Constitution itself protects local customs of Nagaland, Meghalaya and Mizoram.
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Consider the following statements. Under the Constitution, the Parliament has the exclusive jurisdiction to legislate in respect of personal laws. The Constitution itself protects local customs of some of the states like Nagaland, Meghalaya and Mizoram. Once a legislative field is occupied by parliamentary legislation, states do not have much freedom to enact laws.Which of the above statements is/are correct?a)1, 2b)2, 3c)3 onlyd)1, 2 and 3Correct answer is option 'B'. Can you explain this answer?
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Consider the following statements. Under the Constitution, the Parliament has the exclusive jurisdiction to legislate in respect of personal laws. The Constitution itself protects local customs of some of the states like Nagaland, Meghalaya and Mizoram. Once a legislative field is occupied by parliamentary legislation, states do not have much freedom to enact laws.Which of the above statements is/are correct?a)1, 2b)2, 3c)3 onlyd)1, 2 and 3Correct answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements. Under the Constitution, the Parliament has the exclusive jurisdiction to legislate in respect of personal laws. The Constitution itself protects local customs of some of the states like Nagaland, Meghalaya and Mizoram. Once a legislative field is occupied by parliamentary legislation, states do not have much freedom to enact laws.Which of the above statements is/are correct?a)1, 2b)2, 3c)3 onlyd)1, 2 and 3Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements. Under the Constitution, the Parliament has the exclusive jurisdiction to legislate in respect of personal laws. The Constitution itself protects local customs of some of the states like Nagaland, Meghalaya and Mizoram. Once a legislative field is occupied by parliamentary legislation, states do not have much freedom to enact laws.Which of the above statements is/are correct?a)1, 2b)2, 3c)3 onlyd)1, 2 and 3Correct answer is option 'B'. Can you explain this answer?.
Consider the following statements. Under the Constitution, the Parliament has the exclusive jurisdiction to legislate in respect of personal laws. The Constitution itself protects local customs of some of the states like Nagaland, Meghalaya and Mizoram. Once a legislative field is occupied by parliamentary legislation, states do not have much freedom to enact laws.Which of the above statements is/are correct?a)1, 2b)2, 3c)3 onlyd)1, 2 and 3Correct answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements. Under the Constitution, the Parliament has the exclusive jurisdiction to legislate in respect of personal laws. The Constitution itself protects local customs of some of the states like Nagaland, Meghalaya and Mizoram. Once a legislative field is occupied by parliamentary legislation, states do not have much freedom to enact laws.Which of the above statements is/are correct?a)1, 2b)2, 3c)3 onlyd)1, 2 and 3Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements. Under the Constitution, the Parliament has the exclusive jurisdiction to legislate in respect of personal laws. The Constitution itself protects local customs of some of the states like Nagaland, Meghalaya and Mizoram. Once a legislative field is occupied by parliamentary legislation, states do not have much freedom to enact laws.Which of the above statements is/are correct?a)1, 2b)2, 3c)3 onlyd)1, 2 and 3Correct answer is option 'B'. Can you explain this answer?.
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