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A law looks like it's crossing into the other List? Check its pith before you call it invalid. ⚖️
1️⃣ Under Art. 246 + Seventh Schedule, courts ask what the law is really about: its true object and effect.
2️⃣ If that core sits in the enacting legislature's List, a small, incidental overlap with another List does not kill it.
3️⃣ State of Bombay v. F.N. Balsara (1951): the Bombay Prohibition Act, 1949 was in substance about intoxicating liquor (State field), so it stood despite incidentally touching imports (Union field).
4️⃣ The limit: colourable legislation. You can't do indirectly what you can't do directly.
✍️ Answer tip: open with Art. 246, define pith and substance in one line, cite Prafulla + Balsara, and close by contrasting it with colourable legislation. (Asked directly in UPSC 2019, Paper I, Q1(a).)
Batch started Monday · Up to 20% off · Join → https://www.lawxpertsmv.com/law-optional-courses · WhatsApp 6382125862 · upsclawoptionalxperts@gmail.com
1️⃣ Under Art. 246 + Seventh Schedule, courts ask what the law is really about: its true object and effect.
2️⃣ If that core sits in the enacting legislature's List, a small, incidental overlap with another List does not kill it.
3️⃣ State of Bombay v. F.N. Balsara (1951): the Bombay Prohibition Act, 1949 was in substance about intoxicating liquor (State field), so it stood despite incidentally touching imports (Union field).
4️⃣ The limit: colourable legislation. You can't do indirectly what you can't do directly.
✍️ Answer tip: open with Art. 246, define pith and substance in one line, cite Prafulla + Balsara, and close by contrasting it with colourable legislation. (Asked directly in UPSC 2019, Paper I, Q1(a).)
Batch started Monday · Up to 20% off · Join → https://www.lawxpertsmv.com/law-optional-courses · WhatsApp 6382125862 · upsclawoptionalxperts@gmail.com
⚖️ CURRENT AFFAIRS · Balaji Formalin v. Union of India📜 Supreme Court · 2026 INSC 1009
📌 Held: Maharashtra's methanol rules (Rules 18A and 18B, Maharashtra Poisons Rules, 1972) were manifestly arbitrary and failed three of the four limbs of the proportionality test, so they violate Articles 14 and 19(1)(g).
📚 Syllabus: Paper I, Constitutional Law (Arts 14, 19(1)(g), 19(6)) and Administrative Law (judicial review of delegated legislation)
❓ How it could be asked: On what grounds can subordinate legislation be challenged? Discuss with reference to the Supreme Court's 2026 ruling on the Maharashtra Poisons Rules. (10 marks)
📖 Read the full note: https://www.lawxpertsmv.com/post/supreme-court-strikes-down-maharashtra-s-methanol-rules-proportionality-and-judicial-review-of-dele
#UPSCLawOptional #LawOptional #CurrentAffairs
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⚖️ CURRENT AFFAIRS · Tejaram v. State of Rajasthan📜 Supreme Court · 2026 INSC 1147 (16 Oct 2026)
📌 Held: demanding a bribe is a pure criminal act, not a recommendation or decision in official duty, so prior approval under s.17A of the Prevention of Corruption Act, 1988 does not apply.
📚 Syllabus: Paper II, Law of Crimes (Prevention of Corruption Act, 1988 — ss.7 and 17A)
❓ How it could be asked: Does s.17A prior approval apply to demand of illegal gratification? Discuss with recent SC rulings. (10 marks)
💬 "The act of demanding a bribe is a pure criminal act"
#UPSCLawOptional #LawOptional #CurrentAffairs
📎 Free 26 Oct batch planner (PDF): pinned in this channel
New batch starts Mon 26 Oct · Up to 20% off · Join → https://www.lawxpertsmv.com/law-optional-courses · WhatsApp 6382125862
⏳ 215 days to Prelims 2027 (23 May) · 304 days to Mains (20 Aug)
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📌 100-Day Planner – UPSC Law Optional 2027 (batch from Mon 26 Oct)Day-by-day topics, revision windows and all 25 tests in one PDF. Save it and plan your preparation.
New batch starts Mon 26 Oct · Up to 20% off · Join → https://www.lawxpertsmv.com/law-optional-courses · WhatsApp 6382125862
⏰ Model answer is OUT 👆Here's how to answer Paper II Q1(e) on sedition to BNS Section 152:
1️⃣ Protected interest: Section 124A protected the Government; Section 152 BNS protects the sovereignty, unity and integrity of India.
2️⃣ Key words: "hatred", "contempt" and "disaffection" are gone; "purposely or knowingly" is now required.
3️⃣ Case law: Kedar Nath Singh v. State of Bihar (1962); Balwant Singh v. State of Punjab (1995); Vinod Dua v. Union of India (2021); S.G. Vombatkere v. Union of India (2022 order).
4️⃣ 2025 update: the validity of Section 152 is now before the Supreme Court (notice issued on 8 Aug 2025).
📖 Compare yours: https://www.lawxpertsmv.com/post/upsc-law-optional-2026-pyq-paper-2-q1e-sedition-bns
Where did you lose marks? Comment below 👇
#LawOptional #PYQ #UPSC2026
📘 PYQ | UPSC Mains 2026 | Law Paper II, Q1(e) | 10 Marks❓ "From 'sedition' under the Indian Penal Code, 1860 to 'acts endangering sovereignty, unity and integrity of India' under the Bharatiya Nyaya Sanhita, 2023, how has the law changed? Explain."
💡 Hint: compare the protected interest, the key words and the punishment. Is the change in substance or only in name?
✍️ Write your answer in the blog comments 👇
https://www.lawxpertsmv.com/post/upsc-law-optional-2026-pyq-paper-2-q1e-sedition-bns
🕑 Model answer at 2 PM today.
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