To which do the residuary powers of legislation in case of Jammu and Kashmir belong? ?->(Show Answer!)

1. To which do the residuary powers of legislation in case of Jammu and Kashmir belong?

Answer: The State Legislature

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MCQ-> Read the following passage carefully and answer the questions given at the end. When Ratan Tata moved the Supreme Court, claiming his right to privacy had been violated, he called Harish Salve. The choice was not surprising. The former solicitor general had been topping the legal charts ever since he scripted a surprising win for Mukesh Ambani against his brother Anil. That dispute set the gold standard for legal fees. On Mukesh’s side were Salve, Rohinton Nariman, and Abhishek Manu Singhvi. The younger brother had an equally formidable line-up led by Ram Jethmalani and Mukul Rohatgi.The dispute dated back three-and-a-half years to when Anil filed case against his brother for reneging on an agreement to supply 28 million cubic metres of gas per day from its Krishna-Godavari basin fields at a rate of $ 2.34 for 17 years. The average legal fee was Rs. 25 lakh for a full day's appearance, not to mention the overnight stays at Mumbai's five-star suites, business class travel, and on occasion, use of the private jet. Little wonder though that Salve agreed to take on Tata’s case pro bono. He could afford philanthropy with one of India’s wealthiest tycoons.The lawyers’ fees alone, at a conservative estimate, must have cost the Ambanis at least Rs. 15 crore each. Both the brothers had booked their legal teams in the same hotel, first the Oberoi and, after the 26/ ll Mumbai attacks, the Trident. lt’s not the essentials as much as the frills that raise eyebrows. The veteran Jethmalani is surprisingly the most modest in his fees since he does not charge rates according to the strength of the client's purse. But as the crises have multiplied, lawyers‘fees have exploded.The 50 court hearings in the Haldia Petrochemicals vs. the West Bengal Government cost the former a total of Rs. 25 crore in lawyer fees and the 20 hearings in the Bombay Mill Case, which dragged on for three years, cost the mill owners almost Rs. 10 crore. Large corporate firms, which engage star counsels on behalf of the client, also need to know their quirks. For instance, Salve will only accept the first brief. He will never be the second counsel in a case. Some lawyers prefer to be paid partly in cash but the best are content with cheques. Some expect the client not to blink while picking up a dinner tab of Rs. 1.75 lakh at a Chennai five star. A lawyer is known to carry his home linen and curtains with him while travelling on work. A firm may even have to pick up a hot Vertu phone of the moment or a Jaeger-LeCoutre watch of the hour to keep a lawyer in good humour.Some are even paid to not appear at all for the other side - Aryama Sundaram was retained by Anil Ambani in the gas feud but he did not fight the case. Or take Raytheon when it was fighting the Jindals. Raytheon had paid seven top lawyers a retainer fee of Rs. 2.5 lakh each just to ensure that the Jindals would not be able to make a proper case on a taxation issue. They miscalculated when a star lawyer fought the case at the last minute. “I don’t take negative retainers”, shrugs Rohatgi, former additional solicitor general. “A Lawyer’s job is to appear for any client that comes to him. lt’s not for the lawyers to judge if a client is good or bad but the court”. Indeed. He is, after all, the lawyer who argued so famously in court that B. Ramalinga Raju did not ‘fudge any account in the Satyam Case. All he did was “window dressing”.Some high profile cases have continued for years, providing a steady source of income, from the Scindia succession battle which dates to 1989, to the JetLite Sahara battle now in taxation arbitration to the BCCI which is currently in litigation with Lalit Modi, Rajasthan Royals and Kings XI Punjab.Think of the large law firms as the big Hollywood studios and the senior counsel as the superstar. There are a few familiar faces to be found in most of the big ticket cases, whether it is the Ambani gas case, Vodafone taxation or Bombay Mills case. Explains Salve, “There is a reason why we have more than one senior advocate on a case. When you're arguing, he’s reading the court. He picks up a point or a vibe that you may have missed.” Says Rajan Karanjawala, whose firm has prepared the briefs for cases ranging from the Tata's recent right to privacy case to Karisma Kapoor’s divorce, “The four jewels in the crown today are Salve, Rohatgi, Rohinton Nariman and Singhvi. They have replaced the old guard of Fali Nariman, Soli Sorabjee, Ashok Desai and K.K. Venugopal.” He adds, “The one person who defies the generational gap is Jethmalani who was India's leading criminal lawyer in the 1960s and is so today.”The demand for superstar lawyers has far outstripped the supply. So a one-man show by, say, Rohatgi can run up billings of Rs. 40 crore, the same as a mid-sized corporate law firm like Titus and Co that employs 28 juniors. The big law filik such as AZB or Amarchand & Mangaldas or Luthra & Luthra have to do all the groundwork for the counsel, from humouring the clerk to ensure the A-lister turns up on the hearing day to sourcing appropriate foreign judgments in emerging areas such as environmental and patent laws. “We are partners in this. There are so few lawyers and so many matters,” points out Diljeet Titus.As the trust between individuals has broken down, governments have questioned corporates and corporates are questioning each other, and an array of new issues has come up. The courts have become stronger. “The lawyer,” says Sundaram, with the flourish that has seen him pick up many Dhurandhares and Senakas at pricey art auctions, “has emerged as the modern day purohit.” Each purohit is head priest of a particular style. Says Karanjawala, “Harish is the closest example in today's bar to Fali Nariman; Rohinton has the best law library in his brain; Mukul is easily India's busiest lawyer while Manu Singhvi is the greatest multi-tasker.” Salve has managed a fine balancing act where he has represented Mulayam Singh Yadav and Mayawati, Parkash Singh Badal and Amarinder Singh, Lalit Modi and Subhash Chandra and even the Ambani brothers, of course in different cases. Jethmalani is the man to call for anyone in trouble. In judicial circles he is known as the first resort for the last resort. Even Jethmalani’s junior Satish Maneshinde, who came to Mumbai in I993 as a penniless law graduate from Karnataka, shot to fame (and wealth) after he got bail for Sanjay Dutt in 1996. Now he owns a plush office in Worli and has become a one-stop shop for celebrities in trouble.Which of the following is not true about Ram Jethmalani?
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MCQ-> The broad scientific understanding today is that our planet is experiencing a warming trend over and above natural and normal variations that is almost certainly due to human activities associated with large-scale manufacturing. The process began in the late 1700s with the Industrial Revolution, when manual labor, horsepower, and water power began to be replaced by or enhanced by machines. This revolution, over time, shifted Britain, Europe, and eventually North America from largely agricultural and trading societies to manufacturing ones, relying on machinery and engines rather than tools and animals.The Industrial Revolution was at heart a revolution in the use of energy and power. Its beginning is usually dated to the advent of the steam engine, which was based on the conversion of chemical energy in wood or coal to thermal energy and then to mechanical work primarily the powering of industrial machinery and steam locomotives. Coal eventually supplanted wood because, pound for pound, coal contains twice as much energy as wood (measured in BTUs, or British thermal units, per pound) and because its use helped to save what was left of the world's temperate forests. Coal was used to produce heat that went directly into industrial processes, including metallurgy, and to warm buildings, as well as to power steam engines. When crude oil came along in the mid- 1800s, still a couple of decades before electricity, it was burned, in the form of kerosene, in lamps to make light replacing whale oil. It was also used to provide heat for buildings and in manufacturing processes, and as a fuel for engines used in industry and propulsion.In short, one can say that the main forms in which humans need and use energy are for light, heat, mechanical work and motive power, and electricity which can be used to provide any of the other three, as well as to do things that none of those three can do, such as electronic communications and information processing. Since the Industrial Revolution, all these energy functions have been powered primarily, but not exclusively, by fossil fuels that emit carbon dioxide (CO2), To put it another way, the Industrial Revolution gave a whole new prominence to what Rochelle Lefkowitz, president of Pro-Media Communications and an energy buff, calls "fuels from hell" - coal, oil, and natural gas. All these fuels from hell come from underground, are exhaustible, and emit CO2 and other pollutants when they are burned for transportation, heating, and industrial use. These fuels are in contrast to what Lefkowitz calls "fuels from heaven" -wind, hydroelectric, tidal, biomass, and solar power. These all come from above ground, are endlessly renewable, and produce no harmful emissions.Meanwhile, industrialization promoted urbanization, and urbanization eventually gave birth to suburbanization. This trend, which was repeated across America, nurtured the development of the American car culture, the building of a national highway system, and a mushrooming of suburbs around American cities, which rewove the fabric of American life. Many other developed and developing countries followed the American model, with all its upsides and downsides. The result is that today we have suburbs and ribbons of highways that run in, out, and around not only America s major cities, but China's, India's, and South America's as well. And as these urban areas attract more people, the sprawl extends in every direction.All the coal, oil, and natural gas inputs for this new economic model seemed relatively cheap, relatively inexhaustible, and relatively harmless-or at least relatively easy to clean up afterward. So there wasn't much to stop the juggernaut of more people and more development and more concrete and more buildings and more cars and more coal, oil, and gas needed to build and power them. Summing it all up, Andy Karsner, the Department of Energy's assistant secretary for energy efficiency and renewable energy, once said to me: "We built a really inefficient environment with the greatest efficiency ever known to man."Beginning in the second half of the twentieth century, a scientific understanding began to emerge that an excessive accumulation of largely invisible pollutants-called greenhouse gases - was affecting the climate. The buildup of these greenhouse gases had been under way since the start of the Industrial Revolution in a place we could not see and in a form we could not touch or smell. These greenhouse gases, primarily carbon dioxide emitted from human industrial, residential, and transportation sources, were not piling up along roadsides or in rivers, in cans or empty bottles, but, rather, above our heads, in the earth's atmosphere. If the earth's atmosphere was like a blanket that helped to regulate the planet's temperature, the CO2 buildup was having the effect of thickening that blanket and making the globe warmer.Those bags of CO2 from our cars float up and stay in the atmosphere, along with bags of CO2 from power plants burning coal, oil, and gas, and bags of CO2 released from the burning and clearing of forests, which releases all the carbon stored in trees, plants, and soil. In fact, many people don't realize that deforestation in places like Indonesia and Brazil is responsible for more CO2 than all the world's cars, trucks, planes, ships, and trains combined - that is, about 20 percent of all global emissions. And when we're not tossing bags of carbon dioxide into the atmosphere, we're throwing up other greenhouse gases, like methane (CH4) released from rice farming, petroleum drilling, coal mining, animal defecation, solid waste landfill sites, and yes, even from cattle belching. Cattle belching? That's right-the striking thing about greenhouse gases is the diversity of sources that emit them. A herd of cattle belching can be worse than a highway full of Hummers. Livestock gas is very high in methane, which, like CO2, is colorless and odorless. And like CO2, methane is one of those greenhouse gases that, once released into the atmosphere, also absorb heat radiating from the earth's surface. "Molecule for molecule, methane's heat-trapping power in the atmosphere is twenty-one times stronger than carbon dioxide, the most abundant greenhouse gas.." reported Science World (January 21, 2002). “With 1.3 billion cows belching almost constantly around the world (100 million in the United States alone), it's no surprise that methane released by livestock is one of the chief global sources of the gas, according to the U.S. Environmental Protection Agency ... 'It's part of their normal digestion process,' says Tom Wirth of the EPA. 'When they chew their cud, they regurgitate [spit up] some food to rechew it, and all this gas comes out.' The average cow expels 600 liters of methane a day, climate researchers report." What is the precise scientific relationship between these expanded greenhouse gas emissions and global warming? Experts at the Pew Center on Climate Change offer a handy summary in their report "Climate Change 101. " Global average temperatures, notes the Pew study, "have experienced natural shifts throughout human history. For example; the climate of the Northern Hemisphere varied from a relatively warm period between the eleventh and fifteenth centuries to a period of cooler temperatures between the seventeenth century and the middle of the nineteenth century. However, scientists studying the rapid rise in global temperatures during the late twentieth century say that natural variability cannot account for what is happening now." The new factor is the human factor-our vastly increased emissions of carbon dioxide and other greenhouse gases from the burning of fossil fuels such as coal and oil as well as from deforestation, large-scale cattle-grazing, agriculture, and industrialization.“Scientists refer to what has been happening in the earth’s atmosphere over the past century as the ‘enhanced greenhouse effect’”, notes the Pew study. By pumping man- made greenhouse gases into the atmosphere, humans are altering the process by which naturally occurring greenhouse gases, because of their unique molecular structure, trap the sun’s heat near the earth’s surface before that heat radiates back into space."The greenhouse effect keeps the earth warm and habitable; without it, the earth's surface would be about 60 degrees Fahrenheit colder on average. Since the average temperature of the earth is about 45 degrees Fahrenheit, the natural greenhouse effect is clearly a good thing. But the enhanced greenhouse effect means even more of the sun's heat is trapped, causing global temperatures to rise. Among the many scientific studies providing clear evidence that an enhanced greenhouse effect is under way was a 2005 report from NASA's Goddard Institute for Space Studies. Using satellites, data from buoys, and computer models to study the earth's oceans, scientists concluded that more energy is being absorbed from the sun than is emitted back to space, throwing the earth's energy out of balance and warming the globe."Which of the following statements is correct? (I) Greenhouse gases are responsible for global warming. They should be eliminated to save the planet (II) CO2 is the most dangerous of the greenhouse gases. Reduction in the release of CO2 would surely bring down the temperature (III) The greenhouse effect could be traced back to the industrial revolution. But the current development and the patterns of life have enhanced their emissions (IV) Deforestation has been one of the biggest factors contributing to the emission of greenhouse gases Choose the correct option:...

MCQ-> There are a seemingly endless variety of laws, restrictions, customs and traditions that affect the practice of abortion around the world. Globally, abortion is probably the single most controversial issue in the whole area of women’s rights and family matters. It is an issue that inflames women’s right groups, religious institutions, and the self-proclaimed ‘guardians’ of public morality. The growing worldwide belief is that the right to control one’s fertility is a basic human right. This has resulted in a worldwide trend towards liberalization of abortion laws. Forty per cent of the world’s population live in countries where induced abortion is permitted on request. An additional 25 per cent live in countries where it is allowed if the women’s life would be endangered if she went to full term with her pregancy. The estimate is that between 26 and 31 million legal abortions were performed in that year. However, there were also between 10 and 22 million illegal abortions performed in that year.Feminists have viewed the patriarchal control of women’s bodies as one of the prime issues facing the contemporary women’s movement. They abserve that the defintion and control of women’s reproductive freedom have always been the province of men. Patriarchal religion, as manifest in Islamic fundamentalism,traditionalist Hindu practice, orthodox Judaism, and Roman Catholicism, has been an important historical contributory factor for this and continues to be an important presence in contemporary societies. In recent times, govenments, usually controlled by men, have ‘given’ women the right to contraceptive use and abortion access when their countries were perceived to have an overpopulation problem. When these countries are perceived to be underpopulated, that right had been absent. Until the 19th century, a woman’s rights to an abortion followed English common law; it could only be legally challenged if there was a ‘quickening’, when the first movements of the fetus could be felt. In 1800, drugs to induce abrotions were widely advertised in local newpapers. By 1900, abortion was banned in every state except to save the life of the mother. The change was strongly influenced by medical profession, which focussed its campaign ostensibly on health and safety issues for pregnant women and the sancity of life. Its position was also a means of control of non-licensed medical practitioners such as midwives and women healers who practiced abortion.The anti-abortion campaign was also influenced by political considerations. The large influx of eastern and southern European immigrants with their large families was seen as a threat to the population balance of the future United States. Middle and upper-classes Protestants were advocates of abortion as a form of birth control. By supporting abortion prohibitions the hope was that these Americans would have more children and thus prevent the tide of immigrant babies from overwhelming the demographic characteristics of Protestant America.The anti-abortion legislative position remained in effect in the United States through the first 65 years of the 20th century. In the early 1960s, even when it was widely known that the drug thalidomide taken during pregnancy to alleviate anxiety was shown to contribute to the formation of deformed ‘flipper-like’ hands or legs of children, abortion was illegal in the United States. A second health tragedy was the severe outbreak of rubella during the same time period, which also resulted in major birth defects. These tragedies combined with a change of attitude towards a woman’s right to privacy led a number of states to pass abortion permitting legislation.On one side of the controversy are those who call themselves ‘pro-life’. They view the foetus as a human life rather than as an unformed complex of cells; therefore, they hold to the belief that abortion is essentially murder of an unborn child. These groups cite both legal and religious reasons for their opposition to abortion. Pro lifers point to the rise in legalised abortion figures and see this as morally intolerable. On the other side of the issue are those who call themselves ‘pro-choice’. They believe that women, not legislators or judges, should have the right to decide whether and under what circumstances they will bear children. Pro-choicers are of the opinion that laws will not prevent women from having abortions and cite the horror stories of the past when many women died at the hands of ‘backroom’ abortionists and in desperate attempts to self-abort. They also observe that legalized abortion is especially important for rape victims and incest victims who became pregnant. They stress physical and mental health reasons why women should not have unwanted children.To get a better understanding of the current abortion controversy, let us examine a very important work by Kristin Luker titled Abortion and the Politics of Motherhood. Luker argues that female pro-choice and prolife activists hold different world views regarding gender, sex, and the meaning of parenthood. Moral positions on abortions are seen to be tied intimately to views on sexual bahaviour, the care of children, family life, technology, and the importance of the individual. Luker identified ‘pro-choice’ women as educated, affluent, and liberal. Their contrasting counterparts, ‘pro-life’ women, support traditional concepts of women as wives and mothers. It would be instructive to sketch out the differences in the world views of these two sets of women. Luker examines California, with its liberalized abortion law, as a case history. Public documents and newspaper accounts over a 26-year period were analysed and over 200 interviews were held withheld with both pro-life and pro-choice activists.Luker found that pro-life and pro-choice activists have intrinsically different views with respect to gender. Pro-life women have a notion of public and private life. The proper place for men is in the public sphere of work; for women, it is the private sphere of the home. Men benefit through the nurturance of women; women benefit through the protection of men. Children are seen to be the ultimate beneficiaries of this arrangement of having the mother as a full-time loving parent and by having clear role models. Pro-choice advocates reject the view of separate spheres. They object to the notion of the home being the ‘women’s sphere’. Women’s reproductive and family roles are seen as potential barriers to full equality. Motherhood is seen as a voluntary, not a mandatory or ‘natural’ role. In summarizing her findings, Luker believes that women become activists in either of the two movements as the end result of lives that centre around different conceptualizations of motherhood. Their beliefs and values are rooted to the concrete circumstances of their lives, their educations, incomes, occupations, and the different marital and family choices that they have made. They represent two different world views of women’s roles in contemporary society and as such the abortion issues represent the battleground for the justification of their respective views.According to your understanding of the author’s arguments, which countries are more likely to allowabortion?
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