SC's Triple Test for Mandatory Injunction Quiz

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Questions and Answers

What role did the 15th Finance Commission's recommendations play in Kerala's argument for additional borrowing?

  • Support for the Union's decision to limit Kerala's borrowing
  • Evidence of over-borrowing in previous years
  • Justification for borrowing up to the maximum permissible fiscal deficit (correct)
  • Argument against the need for additional borrowing

What was the primary reason for the Union contesting Kerala's bid for additional borrowing?

  • To encourage Kerala's economic growth
  • To reduce the fiscal deficit of Kerala
  • To support Kerala's financial independence
  • To maintain the fiscal health of the country (correct)

What was the reason behind the State of Kerala's financial hardship according to the Court?

  • Mismanagement of its own finances (correct)
  • Inadequate fiscal space
  • Strict adherence to fiscal policies
  • Lack of access to borrowings

What did the Court emphasize as the responsibility of the government?

<p>Maintaining fiscal stability (D)</p> Signup and view all the answers

In the context of the Supreme Court ruling, what is the 'Triple-Test' principle for granting injunctions based on?

<p>Prima facie case, balance of convenience, and irreparable injury (C)</p> Signup and view all the answers

What consequence did the Court mention if it issued interim mandatory injunctions in cases like this one?

<p>Enabling States to flout fiscal policies successfully (D)</p> Signup and view all the answers

How do prohibitory injunctions differ from mandatory injunctions according to the Supreme Court's explanation?

<p>Prohibitory injunctions restrain future actions while mandatory injunctions compel a positive step. (D)</p> Signup and view all the answers

What did the Union of India argue regarding the State of Kerala's fiscal space?

<p>It has no unutilized fiscal space (B)</p> Signup and view all the answers

What evidence did the Union provide to counter Kerala's bid for additional borrowing?

<p>Kerala's alleged over-borrowing in previous years (C)</p> Signup and view all the answers

What law guided the Court's decision-making regarding fiscal responsibility?

<p>Kerala Fiscal Responsibility Act, 2003 (B)</p> Signup and view all the answers

Why did the Court refuse to issue an interim mandatory injunction?

<p>To set a bad precedent in law (A)</p> Signup and view all the answers

Why did the Supreme Court rule against granting interim relief to Kerala in this case?

<p>'Triple-Test' principle elements were not established by Kerala (C)</p> Signup and view all the answers

What is the first part of the 'Triple Test' for granting injunction orders?

<p>Prima facie case (D)</p> Signup and view all the answers

The Supreme Court explained the Triple Test for granting which type of injunction?

<p>Mandatory injunction (C)</p> Signup and view all the answers

Why did the Supreme Court deny Kerala's prayer for an interim injunction against the Union's Net Borrowing Ceiling?

<p>Kerala failed to demonstrate fiscal space for borrowing post-adjustment of over-borrowings. (B)</p> Signup and view all the answers

What does 'Balance of convenience' refer to in the Triple Test for granting injunction orders?

<p>Higher prejudice to the plaintiff if no relief is granted (D)</p> Signup and view all the answers

'Irreparable injury' in the 'Triple Test' implies what about the injury faced by the plaintiff?

<p>Cannot be compensated in monetary terms (D)</p> Signup and view all the answers

What did the State of Kerala challenge in its lawsuit against the Central Government?

<p>'Net Borrowing Ceiling' (D)</p> Signup and view all the answers

What was the main concern of Justice Surya Kant and Justice K.V.Vishwanathan regarding the grant of interim relief?

<p>The adverse effects on the entire nation if the suit is eventually dismissed. (A)</p> Signup and view all the answers

Who represented the Plaintiff in the case against the imposition of a 'Net Borrowing Ceiling' by the Union?

<p>Sr.Advocate Kapil Sibal and AG K.Gopalakrishna Kurup (A)</p> Signup and view all the answers

Why did the State of Kerala seek a mandatory injunction against the imposition of a 'Net Borrowing Ceiling' by the Union?

<p>To increase the borrowing capacity that existed before such imposition. (C)</p> Signup and view all the answers

Who appeared for the defendant, Defendant – Union of India, in court?

<p>R Venkatramani and ASG N Venkatraman (B)</p> Signup and view all the answers

What did Justice Surya Kant and Justice K.V.Vishwanathan emphasize as a consequence if the interim injunction is granted and the suit is eventually dismissed?

<p>Difficulty in turning back the adverse effects on the entire nation at a large scale. (B)</p> Signup and view all the answers

What argument did the State of Kerala put forward regarding the power of the Union to regulate State borrowings?

<p>The Union did not have the power to regulate all State borrowings. (A)</p> Signup and view all the answers

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