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In Union of India v. Tulsiram Patel (1985), the Supreme Court held that where the second proviso to…

The Court applied "expressum facit cessare tacitum": when there is express mention of certain things, anything not mentioned is excluded. Since the proviso expressly says…

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In Union of India v. Tulsiram Patel (1985), the Supreme Court held that where the second proviso to Article 311(2) applies, the inquiry otherwise required by Article 311(2) cannot be brought back in through the principles of natural justice. Which maxim did the Court apply?

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Correct answer A

The Court applied "expressum facit cessare tacitum": when there is express mention of certain things, anything not mentioned is excluded. Since the proviso expressly says the clause shall not apply, an inquiry cannot be implied.

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