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The First Law Commission constituted after coming into force of the Constitution observed, “It is now increasingly necessary to (1) the (2) fiction of a legally indivisible state, and a federal conception of the crown, and to substitute for it the Principle of legal liability where the state, either directly or through incorporated public authorities, engages in activities of a commercial, industrial or managerial character. The proper test is not an impractical (3) between government and nongovernmental function but the nature and form of the activities in question.”
Recalling and applying this principle, the Supreme Court in Lucknow Development Authority (LDA) v. M.K.Gupta (1993) held, “Public authorities acting in (4) of constitutional or statutory provisions oppressively are accountable for their behaviour before authorities created under the Statute like the commission or courts (5) with the responsibility of maintaining the rule of law.” In that case the Supreme Court directed the LDA to pay (6) to the aggrieved consumer and further directed that the amount must be recovered from the officer responsible for the default who must be identified. (7) on similar lines the Supreme Court has recently fined the Health Minister of the Delhi government Rs.25,000 for not complying with its orders.
The directions of the Supreme Court in the Cauvery river water dispute will be obeyed only if responsibility is fixed on specified officers — political or bureaucratic — of the government for complying with the orders. (8) protection may be provided to such officers or officers from the Central government may be appointed with court directions to assist in the (9) of court orders. However, mere court fiats without fixing responsibilities for compliance can never produce the desired results in such sensitive matters. Governments will proceed to disobey them, impervious to the wise caution of Justice Brandeis, little realising that in doing so they would be sowing the seeds of (10) .
- 1) abandon
2) restraint
3) abstemiousness
4) abstinence
5) coercionAnswer – 1)
Explanation : abandon - 1) dutiful
2) lingering
3) constant
4) dependable
5) devotedAnswer – 2)
Explanation : lingering - 1) inconstant
2) reactionary
3) mediocrity
4) lowliness
5) distinctionAnswer – 5)
Explanation : distinction - 1) malingered
2) pertinent
3) observance
4) violation
5) obedienceAnswer – 4)
Explanation : violation - 1) couraged
2) denied
3) entrusted
4) dented
5) withholdAnswer – 3)
Explanation : entrusted - 1) culpable
2) regime
3) deprivation
4) compensation
5) forfeitureAnswer – 4)
Explanation : compensation - 1) Proceeding
2) privilege
3) reverence
4) enlarge
5) continuedAnswer – 1)
Explanation : Proceeding - 1) enigma
2) Adequate
3) unequal
4) indictment
5) unqualifiedAnswer – 2)
Explanation : Adequate - 1) compliance
2) dissension
3) precautions
4) dissent
5) vetoAnswer – 1)
Explanation : compliance - 1) surrounded
2) diminish
3) rule
4) lawfulness
5) anarchyAnswer – 5)
Explanation : anarchy
