Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Topics of Law

Question:
Consider the passage given below and answer the question. In a democratic country, essential principles of Administrative Law are: transparency, the principle of participation, impartiality and objectivity, reasoned decisions, legality, effective review of administrative rules and decisions, liability and non-arbitrariness. All these principles are generally covered under the rule of law, doctrine of separation of powers, and principles of natural justice. Rule of law fundamentally pacts with the doctrine of constitutional morality which says that even in doing somewhat lawful, an administrative action should always be just and reasonable. Separation of powers was intended to create divisions within the Government setup to create partition within the State. Separation intended not only at efficacy alone, but also at dividing power against itself, as power can be contradicted only with power. Principles of natural justice aren’t motionless. They are stretchy and can be molded to suit the necessities of a condition to do justice in any specific case.
Assertion: 'Separation of powers' was meant to create divisions within the Government setup to create partition within the State.
Reasoning: When power and control lies with more than one center, the opportunity for it to be misused is increased.
Options:
Both Assertion (A) and reasoning (R) are correct and R is the correct explanation of A.
Both Assertion (A) and reasoning (R) are correct and but R is not the correct explanation of A.
Assertion (A) is true but Reasoning (R) is not correct.
Assertion (A) is not true but Reasoning (R) is correct.
Correct Answer:
Assertion (A) is true but Reasoning (R) is not correct.
Explanation:
'Separation of powers' was meant to create divisions within the Government setup to create partition within the State. Separation aimed not only at efficiency alone, but also at dividing power against itself, as power can be countered only with power. In this struggle to balance power, the liberty of citizens is expected to be safe, for separation serves as a guarantee of protecting the life and liberty of people. When power and control lies with more than one center, the opportunity for it to be misused is reduced