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With reference to repealing a law, consider the following statements: 1. The Parliament of India derives its power to repeal a law from the same constitutional provision from which it derives the power to enact a law. 2. The Parliament does not have to enact another legislation to repeal a law if the law has a ‘Sunset’ clause. Which of the statements given above is/are not correct?
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With reference to repealing a law, consider the following statements: ...
Statement 1: The Parliament of India derives its power to repeal a law from the same constitutional provision from which it derives the power to enact a law.
Explanation:
- The Parliament of India derives its power to make laws from Article 246 of the Indian Constitution.
- Article 246 empowers the Parliament to make laws on matters listed in the Union List, the Concurrent List, and subjects not mentioned in either list (Residuary Powers).
- This power to make laws includes the power to repeal existing laws.
- Therefore, statement 1 is correct.
Statement 2: The Parliament does not have to enact another legislation to repeal a law if the law has a 'Sunset' clause.
Explanation:
- A 'Sunset' clause is a provision in a law that specifies the date on which the law will expire or cease to have effect unless it is extended or re-enacted.
- The presence of a 'Sunset' clause in a law does not automatically repeal the law.
- It means that the law will become inoperative or ineffective after a certain date unless further action is taken.
- The Parliament still needs to enact another legislation to repeal the law if it wants to completely remove it from the statute books.
- Therefore, statement 2 is not correct.
Conclusion:
- The correct answer is that statement 2 is not correct.
- The Parliament of India derives its power to repeal a law from the same constitutional provision from which it derives the power to enact a law.
- The presence of a 'Sunset' clause in a law does not exempt the Parliament from enacting another legislation to repeal the law.
Explanation:
- The Parliament of India derives its power to make laws from Article 246 of the Indian Constitution.
- Article 246 empowers the Parliament to make laws on matters listed in the Union List, the Concurrent List, and subjects not mentioned in either list (Residuary Powers).
- This power to make laws includes the power to repeal existing laws.
- Therefore, statement 1 is correct.
Statement 2: The Parliament does not have to enact another legislation to repeal a law if the law has a 'Sunset' clause.
Explanation:
- A 'Sunset' clause is a provision in a law that specifies the date on which the law will expire or cease to have effect unless it is extended or re-enacted.
- The presence of a 'Sunset' clause in a law does not automatically repeal the law.
- It means that the law will become inoperative or ineffective after a certain date unless further action is taken.
- The Parliament still needs to enact another legislation to repeal the law if it wants to completely remove it from the statute books.
- Therefore, statement 2 is not correct.
Conclusion:
- The correct answer is that statement 2 is not correct.
- The Parliament of India derives its power to repeal a law from the same constitutional provision from which it derives the power to enact a law.
- The presence of a 'Sunset' clause in a law does not exempt the Parliament from enacting another legislation to repeal the law.
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With reference to repealing a law, consider the following statements: 1. The Parliament of India derives its power to repeal a law from the same constitutional provision from which it derives the power to enact a law. 2. The Parliament does not have to enact another legislation to repeal a law if the law has a ‘Sunset’ clause. Which of the statements given above is/are not correct?
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With reference to repealing a law, consider the following statements: 1. The Parliament of India derives its power to repeal a law from the same constitutional provision from which it derives the power to enact a law. 2. The Parliament does not have to enact another legislation to repeal a law if the law has a ‘Sunset’ clause. Which of the statements given above is/are not correct? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to repealing a law, consider the following statements: 1. The Parliament of India derives its power to repeal a law from the same constitutional provision from which it derives the power to enact a law. 2. The Parliament does not have to enact another legislation to repeal a law if the law has a ‘Sunset’ clause. Which of the statements given above is/are not correct? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to repealing a law, consider the following statements: 1. The Parliament of India derives its power to repeal a law from the same constitutional provision from which it derives the power to enact a law. 2. The Parliament does not have to enact another legislation to repeal a law if the law has a ‘Sunset’ clause. Which of the statements given above is/are not correct?.
With reference to repealing a law, consider the following statements: 1. The Parliament of India derives its power to repeal a law from the same constitutional provision from which it derives the power to enact a law. 2. The Parliament does not have to enact another legislation to repeal a law if the law has a ‘Sunset’ clause. Which of the statements given above is/are not correct? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to repealing a law, consider the following statements: 1. The Parliament of India derives its power to repeal a law from the same constitutional provision from which it derives the power to enact a law. 2. The Parliament does not have to enact another legislation to repeal a law if the law has a ‘Sunset’ clause. Which of the statements given above is/are not correct? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to repealing a law, consider the following statements: 1. The Parliament of India derives its power to repeal a law from the same constitutional provision from which it derives the power to enact a law. 2. The Parliament does not have to enact another legislation to repeal a law if the law has a ‘Sunset’ clause. Which of the statements given above is/are not correct?.
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