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Which of the following gives the Parliament powers to establish special courts for special offenses?a.Article 246(1)b.Article 249c.Article 246(2)d.Article 245

Question

Which of the following gives the Parliament powers to establish special courts for special offenses?

a. Article 246(1)
b. Article 249
c. Article 246(2)
d. Article 245

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Solution

To determine which article gives the Parliament powers to establish special courts for special offenses, we need to analyze the options provided with regard to the relevant provisions of the Indian Constitution concerning the powers of Parliament.

  1. Article 246(1): This article deals with the distribution of powers between the Parliament and the State Legislatures. It outlines the subjects on which Parliament can legislate.

  2. Article 249: This article allows Parliament to legislate on issues in the State List during a national emergency but doesn't specifically relate to establishing special courts.

  3. Article 246(2): This article allows Parliament to make laws for any subjects in the Concurrent List and also for subjects in the State List, provided certain conditions are met. However, it doesn’t specifically deal with establishing special courts.

  4. Article 245: This article pertains to the extent of laws made by Parliament and does not provide specific authority for establishing special courts.

In conclusion, while none of these articles directly state the power to establish special courts, the closest implication can be inferred from Article 246(1) and Article 246(2) regarding legislative powers. However, the most common understanding in legal terms is that the establishment of special courts typically falls under the legislative competence of the Parliament when legislating for special offenses.

Thus, the most appropriate choice based on the provisions of the Indian Constitution would be:

Final Answer

c. Article 246(2) - as it broadly empowers Parliament to legislate on subjects, which may include the establishment of special courts for special offenses.

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