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CLAT Exam  >  CLAT Questions  >  Identify the main principle on which the Parl... Start Learning for Free
Identify the main principle on which the Parliamentary system operates?
  • a)
    Responsibility of executive to legislature
  • b)
    Supremacy of democracy
  • c)
    Rule of law
  • d)
    Supremacy of the constitution
Correct answer is option 'D'. Can you explain this answer?
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Most Upvoted Answer
Identify the main principle on which the Parliamentary system operates...
The correct answer is D as Constitution is the supreme law of the land and all the state organs including parliament , judiciary , states etc are bound by it . They must all act within the limit bound by the Constitution . So yes (d) is the correct ans.
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Identify the main principle on which the Parliamentary system operates...
The first and the foremost feature of Indian sovereignty is that , the Constitution is the supreme law of the land and all the state organs including parliament , judiciary , states etc are bound by it . They must all act within the limit bound by the Constitution . So yes (d) is the correct ans.
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The demand for speedy retributive justice in the recent heinous crime done against a veterinarian has brought into light the question of extra-constitutional killings. The public sentiments, political demand of public lynching of rapists inter-alia have raised the debate whether a democratic country should follow the constitutional norms and adhere to the due process of law or shall it adopt the measures of retributive justice to bring instant and speedy justice to the victim.Retributive justice is a system of criminal justice based on thepunishment of offenders rather than on rehabilitation where as in REFORMATIVE THEORY the object of punishment should be the reform of the criminal, through the method of individualization. It is based on the humanistic principle that even if an offender commits a crime, he does not cease to be a human being.From protests on the ground, to the commentary on social media, to MPs in Parliament, the demand for the instant killing of the accused from all corners created the public opinion for theabandonment of the rule of lawthat appears to have led to the incident.Justice in any civilised society is not just about retribution, but also about deterrence, and in less serious crimes,rehabilitationof the offenders.There is a procedure prescribed by the law for criminal investigation which is embedded in constitutional principles.Article21of the Constitution (which is fundamental and non-derogabl e) states that no person shall be deprived of his life or personal liberty except according to the procedure established by law.Also in theSalwa Judum case in 2011a core constitutional precept was set out that in modern constitutionalism no wielder of power can be allowed to claim the right to perpetrate state’s violence against anyone. This is also the touchstone of the constitutionally prescribed rule of law(Article 14).Hence,it is the responsibility of the police, being the officers of government, to follow the Constitutional principles and uphold the Right to Lifeof every individual whether an innocent one or a criminal.According toDr. B.R. Ambedkar,the pathways of justice are not linear nor without obstacles. But we have, as a people, chosen the route of democracy and the Constitution, so we really have no option but to school ourselves in constitutional morality that with time must replace public moralityQ.As per author the extrajudicial killing of those 4 convicts was a form of

Directions: Read the following passage and answer the question.Under the broad framework of judicial review under the Constitution, the Supreme Court and High Courts have the power to declare any law unconstitutional, either because it is ultra vires (or, contrary to any provision of the Constitution) or it violates any of the fundamental rights, invalid because it is repugnant to a central law on the same subject or has been enacted without legislative jurisdiction. However, interim orders staying or suspending laws enacted by the legislature are frowned upon by constitutional courts and legal scholars. The general argument is that unless there are compelling reasons such as flagrant lack of constitutional validity, or absence of legislative competence (that is, the legislative body concerned lacks the jurisdiction to enact the law in question), a law ought not to be stayed.Why is it considered unusual for a court to suspend a law or its operation?The main principle is that suspending a law made by the legislature goes against the concept of separation of powers. Courts are expected to defer to the legislature's wisdom at the threshold of a legal challenge to the validity of a law. The validity of a law ought to be considered normally only at the time of final adjudication, and not at the initial stage. The second principle is that there is a presumption that every law enacted by any legislature is constitutional and valid. The onus is on those challenging it to prove that it is not. Therefore, courts are circumspect when hearing petitions seeking suspension of a law pending a detailed adjudication.How did the SC justify its order on farm laws?This court cannot be said to be completely powerless to grant stay of any executive action under a statutory enactment, the Bench observed in its order. This means that it was apparently making a distinction between staying a law and staying its implementation or any action under it. Some may argue, however, that the effect remains the same, as the order operates as a stay on the government invoking its provisions.Q. A person approached the Supreme Court contending that a law passed by the Parliament takes away his fundamental right and prayed that the Court must stay the operation of law at first instance and then he would move forward to prove that law is unconstitutional as it violates fundamental rights of the petitioner. Decide.

Direction: Answer the given question based on the following passage:History of the British parliament should not be seen as history alone, but as a historical account of certain of its leading principles and features. It is an extraordinary story. It is certainly not the tale of steady constitutional advances to which our schoolmasters have accustomed us. Looking back on the long-drawn-out processes by which each advantage was won, we cannot but be struck, not only by the intense conservatism of Englishmen in constitutional matters, but by the apparent indifference to the value of the progress already achieved. It is understandable perhaps that contemporaries should not be able to see which way the road must lead and excusable that they should tread it with hesitation. But to refuse to exploit, and to neglect and even to throw away the advantage already gained, seems to be a folly of the worst kind.At the very moment when the Commons had secured for themselves the most fruitful of the principles of Magna Carta – the principle of consent to taxation – they minimised its power for constitutional progress by exercising it as rarely as possible. When they discovered the value of the right to petition and seemed well on the way to a monopoly of legislation, they surrendered the initiative to the Crown without a struggle. Their very privileges owed as much to the artful complaisance of a tyrant as to their own exertions.Even the aggressive political consciousness of the seventeenth century seems almost to have been ashamed of its exuberance and shrank from using the opportunities for reform which the ascendancy of parliament conferred. Such admirable proposals for electoral reform as those of 1647 and 1653 came to nothing and the anomalies of the system continued, or rather increased, for the best part of two centuries. Cromwell's brave experiment of the 'Other House' was received without enthusiasm, and the constitution of the House of Lords still awaits reform.Later centuries showed hardly more sense of the future. The principles of ministerial responsibility and party government, those twin pillars of the modern parliamentary system, were abhorred by most respectable statesmen of the eighteenth century. The tradition of the Speaker's neutrality, of which British parliamentarians are justly proud, is hardly a century old and owes more to the outstanding character of one or two holders of the office than to any general recognition of its necessity. It would seem indeed as if the Commons had made progress in spite of themselves.Certainly constitutional conservatism has its compensations. As Lord Action said, 'the one thing that saved England from the fate of other countries was not her insular position, nor the independent spirit, nor the magnanimity of her people…but only the consistent, uninventive, stupid fidelity' to the political system. We have had a civil war without a prescription and a revolution without bloodshed. We have had our share of demagogues, but no one has succeeded in establishing a tyranny. For all this we may be justly thankful and take a share of the credit. Nevertheless, when we look back over the story, we cannot but recognise how much more we owe to our good fortune than to our own exertions. (History of British Parliament by Harold Laski)Q. The twin pillars of the modern parliamentary system were

The demand for speedy retributive justice in the recent heinous crime done against a veterinarian has brought into light the question of extra-constitutional killings. The public sentiments, political demand of public lynching of rapists inter-alia have raised the debate whether a democratic country should follow the constitutional norms and adhere to the due process of law or shall it adopt the measures of retributive justice to bring instant and speedy justice to the victim.Retributive justice is a system of criminal justice based on thepunishment of offenders rather than on rehabilitation where as in REFORMATIVE THEORY the object of punishment should be the reform of the criminal, through the method of individualization. It is based on the humanistic principle that even if an offender commits a crime, he does not cease to be a human being.From protests on the ground, to the commentary on social media, to MPs in Parliament, the demand for the instant killing of the accused from all corners created the public opinion for theabandonment of the rule of lawthat appears to have led to the incident.Justice in any civilised society is not just about retribution, but also about deterrence, and in less serious crimes,rehabilitationof the offenders.There is a procedure prescribed by the law for criminal investigation which is embedded in constitutional principles.Article21of the Constitution (which is fundamental and non-derogabl e) states that no person shall be deprived of his life or personal liberty except according to the procedure established by law.Also in theSalwa Judum case in 2011a core constitutional precept was set out that in modern constitutionalism no wielder of power can be allowed to claim the right to perpetrate state’s violence against anyone. This is also the touchstone of the constitutionally prescribed rule of law(Article 14).Hence,it is the responsibility of the police, being the officers of government, to follow the Constitutional principles and uphold the Right to Lifeof every individual whether an innocent one or a criminal.According toDr. B.R. Ambedkar,the pathways of justice are not linear nor without obstacles. But we have, as a people, chosen the route of democracy and the Constitution, so we really have no option but to school ourselves in constitutional morality that with time must replace public moralityQ.What does the author mean by Retributive Justice?

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Identify the main principle on which the Parliamentary system operates?a)Responsibility of executive to legislatureb)Supremacy of democracyc)Rule of lawd)Supremacy of the constitutionCorrect answer is option 'D'. Can you explain this answer?
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