LCI 248th Report Part 3

 

24. What constitutional provision was referenced to determine the appropriate legislating body for repealing pre-independence laws?

A) Article 246

B) Article 372(1)

C) Article 356

D) Article 368 

Answer: B) Article 372(1)

25. According to Article 372(1), what happens to pre-independence laws after the Constitution came into force?

A) They automatically expire

B) They remain in force unless amended or repealed by a competent legislature

C) They are transferred to state governments

D) They require Supreme Court approval to remain valid 

Answer: B) They remain in force unless amended or repealed by a competent legislature

26. Which case clarified the validity of existing laws under the Constitution with respect to legislative powers?

A) Kesavananda Bharati v. State of Kerala

B) Kerala State Electricity Board v. The Indian Aluminium Co. Ltd.

C) Golaknath v. State of Punjab

D) Minerva Mills v. Union of India 

Answer: B) Kerala State Electricity Board v. The Indian Aluminium Co. Ltd.

27. What determines the competent legislature for amending or repealing a pre-independence law?

A) The President’s approval

B) Article 246 read with the Seventh Schedule

C) The year the law was enacted

D) The Supreme Court’s directives 

Answer: B) Article 246 read with the Seventh Schedule

28. Why is the question of the appropriate legislating body particularly relevant for pre-independence laws?

A) They are automatically repealed after independence

B) Their subject matter may now fall under the State List

C) They require international approval for repeal

D) They are not governed by the Constitution 

Answer: B) Their subject matter may now fall under the State List

29. What did the Kerala State Electricity Board case establish regarding existing laws?

A) Existing laws are invalid after the Constitution’s enactment

B) Existing laws remain valid even if their subject matter is in a different list under the Constitution

C) Existing laws can only be repealed by the Supreme Court

D) Existing laws must be re-enacted by Parliament 

Answer: B) Existing laws remain valid even if their subject matter is in a different list under the Constitution

30. Under what condition can a pre-independence law be amended or repealed after the Constitution came into force?

A) Only by the legislature competent to enact it if it were newly enacted

B) Only by the President’s ordinance

C) Only by a joint session of Parliament

D) Only after public consultation 

Answer: A) Only by the legislature competent to enact it if it were newly enacted

31. Which schedule of the Constitution is relevant for determining legislative competence under Article 246?

A) Fifth Schedule

B) Seventh Schedule

C) Ninth Schedule

D) Eleventh Schedule 

Answer: B) Seventh Schedule

32. What was the role of the Governor-General in Council in the context of the laws studied?

A) Drafting post-independence laws

B) Passing pre-independence laws

C) Amending state laws

D) Approving Supreme Court judgments 

Answer: B) Passing pre-independence laws

33. What does the Law Commission consider when assessing a statute’s suitability for repeal?

A) Whether it was enacted before 1947

B) Whether it falls into categories like being outdated or having a fulfilled purpose

C) Whether it has been amended in the last decade

D) Whether it is listed in the Chronological List of Central Acts 

Answer: B) Whether it falls into categories like being outdated or having a fulfilled purpose

34. Which article of the Constitution ensures the continuity of pre-independence laws unless repealed?

A) Article 245

B) Article 372(1)

C) Article 356

D) Article 368 

Answer: B) Article 372(1)

35. What was the significance of the Kerala State Electricity Board case for the study?

A) It mandated the repeal of all pre-independence laws

B) It clarified the legislative competence for amending existing laws

C) It introduced new laws for categorisation

D) It invalidated all Appropriation Acts 

Answer: B) It clarified the legislative competence for amending existing laws

Explanation: Section 4.2 cites the case as clarifying the validity and amendment process for existing laws under the Constitution.

36. For which type of laws was the question of the appropriate legislating body particularly relevant?

A) Post-independence laws

B) Pre-independence laws passed by the Governor-General in Council

C) Laws listed in the Concurrent List only

D) Laws enacted after 1976 

Answer: B) Pre-independence laws passed by the Governor-General in Council

37. What happens to a pre-independence law if its subject matter now falls under the State List?

A) It is automatically repealed

B) It can only be repealed by the competent legislature under Article 246

C) It requires Supreme Court approval for repeal

D) It is transferred to the Union List 

Answer: B) It can only be repealed by the competent legislature under Article 246

38. Which of the following is a reason a statute might be recommended for repeal?

A) It is actively enforced by courts

B) A newer law governs the same subject matter

C) It is listed in the Chronological List of Central Acts

D) It is less than 10 years old 

Answer: B) A newer law governs the same subject matter

39. In which case did the Supreme Court hold that the State Government was competent to amend or repeal the Government Grants Act, 1895?

A) Kerala State Electricity Board v. The Indian Aluminium Co. Ltd.

B) Kanwar Lal v. IInd Additional Distt. Judge, Nainital

C) Kesavananda Bharati v. State of Kerala

D) Minerva Mills v. Union of India 

Answer: B) Kanwar Lal v. IInd Additional Distt. Judge, Nainital

40. Under which entry of List II was the subject matter of the Government Grants Act, 1895, found to fall in the Kanwar Lal case?

A) Entry 12

B) Entry 18

C) Entry 24

D) Entry 30 

Answer: B) Entry 18

41. What does Article 372(1) clarify regarding pre-constitutional laws falling under the State List?

A) They are automatically repealed

B) The State Government is the competent legislature to repeal them

C) They require Central Government approval for repeal

D) They are transferred to the Concurrent List 

Answer: B) The State Government is the competent legislature to repeal them