Static Quiz 25 November 2023 (Polity)

Governor’s power with respect to the Bills
• Article 200 of the Constitution lays down that when a Bill, passed by a State Legislature, is presented to the Governor for their assent, they have four alternatives —
o may give assent to the Bill;
o may withhold assent to the Bill, that is, reject the Bill in which case the Bill fails to become law;
o may return the Bill (if it is not a Money Bill) for reconsideration of the State Legislature; or
o may reserve the Bill for the consideration of the President.
• Article 163 of the Constitution says the Governor will normally be aided and advised by the Council of Ministers except in those functions which require his discretion.
• The Supreme Court has laid down the law that a Governor, in case he withholds assent, should send back a Bill forwarded to him by a State Legislature “as soon as possible” with a message to reconsider the proposed law.

What is the Special Category Status
• A Special Category Status (SCS) is a classification given by the Union government to assist in the development of those states that face geographical and socio-economic disadvantages.
• Need: The intention behind these provisions is to safeguard the interest and aspirations of certain backward regions or to protect cultural and economic interests of the tribal people or to deal with the disturbed law and order in some parts.
• The National Development Council, composed of the prime minister, union ministers, chief ministers and members of the planning commission granted the status.

Criteria for Special Category Status:
• Hilly and difficult terrain;
• Low population density or sizeable share of tribal population;
• Strategic location along borders with neighbouring countries;
• Economic and infrastructural backwardness;
• Non-viable nature of state finances.

Pharmacy Act of 1948
– It governs the pharmacy profession in the country.
– The primary purpose of this act is to regulate the education and practice of pharmacy to ensure the quality, safety, and efficacy of drugs and pharmaceuticals.
– The act provides for the establishment of the Pharmacy Council of India, a statutory body constituted in 1949, to regulate the education and practice of pharmacy in India.

Right against Exploitation (Articles 23 – 24)
This right implies the prohibition of traffic in human beings, begar, and other forms of forced labour. It also implies the prohibition of employment of children in factories, etc. The Constitution prohibits the employment of children under 14 years in hazardous conditions.

Doctrine of Eclipse
• This doctrine states that any law that violates fundamental rights is not null or void ab initio, but is only non-enforceable, i.e., it is not dead but inactive.
• This implies that whenever a fundamental right (which was violated by the law) is struck down, the law becomes active again (is revived).
• Another point to note is that the doctrine of eclipse applies only to pre-constitutional laws (laws that were enacted before the Constitution came into force) and not to post-constitutional laws.
• This means that any post-constitutional law which is violative of a fundamental right is void ab initio.