1. Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed.
2. The Constitution of India empowers the Supreme Court and the High Courts to punish for contempt of themselves.
3. The Constitution of India defi nes Civil Contempt and Criminal Contempt.
4. In India, the Parliament is vested with the powers to make laws on Contempt of Court. Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 1, 2 and 4 only
(c) 3 and 4 only
(d) 3 only
Correct Option: (b)
Explanation:
Statement 1 is correct: Contempt of Courts Act, 1971 was passed on the recommendation of H. N. Sanyal Committee.
Statement 2 is correct: Constitution Of India empowers Supreme Court and High Courts to punish for contempt of themselves. High courts have the power to punish for contempt for lower courts under respective jurisdiction.
Statement 3 is incorrect: Constitution of India does not defi ne any type of contempt of court, neither Civil contempt nor criminal contempt.
Statement 4 is correct: In India it is the Parliament who has the power to legislate over Contempt of Court.
Question 12. With reference to India, consider the following statements:
1. Government law offi cers and legal fi rms are recognized as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates.
2. Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Correct Option: (b)
Explanation:
Statement 1 is incorrect: Government law offi cers, legal fi rms, corporate lawyers and patent attorneys all are recognised as advocates.
Statement 2 is correct: Bar councils have the powers to lay down rules relating to legal education and recognition of law colleges.
Question 13. Consider the following statements:
1. A bill amending the Constitution requires a prior recommendation of the President of India.
2. When a Constitution Amendment Bill is presented to the President of India, it is obligatory for the President of India to give his/her assent.
3. A Constitution Amendment Bill must be passed by both the Lok Sabha and Rajya Sabha by a special majority and there is no provision for joint sitting.
Which of the statements given above are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Correct Option: (b)
Explanation:
Statement 1 is incorrect: No prior approval of the President is required for the Constitutional Amendment Act.
Statement 2 is correct: It is obligatory for the President to give his assent, when a Constitutional Amendment Bill is presented before him. The President cannot exercise any veto power regarding the Constitutional Amendment Bill.
Statement 3 is correct: Constitutional Amendment Bill needs to be passed by both the houses separately by a special majority, and no joint sitting is allowed regarding Constitutional Amendment Bill.
Question 14. Consider the following statements:
1. The Constitution of India classifi es the ministers into four ranks viz. Cabinet Minister, Minister of State with Independent Charge, Minister of State and Deputy Minister.
2. The total number of ministers in the Union Government, including the Prime Minister, shall not exceed 15 percent of the total number of members in the Lok Sabha.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Correct Option: (b)
Explanation:
Statement 1 is incorrect: Constitution of India does not defi ne any categorisation of ministers.
Statement 2 is correct: The total number of ministers including prime minister should not exceed 15% of the total number of members of LokSabha.
Question 15. Which of the following is/are the exclusive power(s) of Lok Sabha?
1. To ratify the declaration of Emergency
2. To pass a motion of no-confi dence against the Council of Ministers
3. To impeach the President of India
Select the correct answer using the code given below:
(a) 1 and 2
(b) 2 only
(c) 1 and 3
(d) 3 only
Correct Option: (b)
Explanation:
Statement 1 is incorrect: For the ratifi cation of the proclamation of emergency, a resolution for the same must be passed by special majority by the Both Houses separately.
Statement 2 is correct: Article 75 of the Constitution says that the council of ministers shall be collectively responsible to the LokSabha.
Statement 3 is incorrect: Both the Houses have the role in the impeachment of the President. After the impeachment resolution is passed by a majority of two-thirds of the total membership of a House, it is sent to the other House, which should investigate the charges. If the other House also sustains the charges and passes the impeachment resolution by a majority of two-thirds of the total membership, then the President stands removed from his offi ce.
Question 16. With reference to anti-defection law in India, consider the following statements:
1. The law specifi es that a nominated legislator cannot join any political party within six months of being appointed to the House.
2. The law does not provide any time-frame within which the presiding offi cer has to decide a defection case.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Correct Option: (b)
Explanation:
Statement 1 is incorrect: A nominated member of a House becomes disqualifi ed for being a member of the House if he joins any political party after the expiry of six months from the date on which he takes his seat in the House. This means that he may join any political party within six months of taking his seat in the House without inviting this disqualifi cation. (Source: LakshmiKant)
Statement 2 is correct: The law does not specify a time-period for the Presiding Offi cer to decide on a disqualifi cation plea.
Question 17. Consider the following statements:
1. Attorney General of India and Solicitor General of India are the only offi cers of the Government who are allowed to participate in the meetings of the Parliament of India.
2. According to the Constitution of India, the Attorney General of India submits his resignation when the Government which appointed him resigns.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Correct Option: (d)
Explanation:
Statement 1 is incorrect: Solicitor General does not participate in the meetings of Parliament.
Statement 2 is incorrect: There is no provision regarding thethe procedure and grounds for the removal of Attorney General mentioned in the Constitution except that he/she holds offi ce during the pleasure of the president. Conventionally (but not mandatorily), he/she resigns when the government (council of ministers) resigns or is replaced, as he is appointed on its advice.
Question 18. With reference to the writs issued by the Courts in India, consider the following statements:
1. Mandamus will not lie against a private organization unless it is entrusted with a public duty.
2. Mandamus will not lie against a Company even though it may be a Government Company.
3. Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.
Which of the statements given above are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Correct Option: (c)
Explanation:
Mandamus
It literally means ‘we command’. It is a command issued by the court to a public offi cial asking him to perform his offi cial duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose. The writ of mandamus cannot be issued (a) against a private individual or body; (b) to enforce departmental instruction that does not possess statutory force; (c) when the duty is discretionary and not mandatory; (d) to enforce a contractual obligation; (e) against the president of India or the state governors; and (f) against the chief justice of a high court acting in judicial capacity.
Quo-Warranto
Quo-Warranto In the literal sense, it means ‘by what authority or warrant’. It is issued by the court to enquire into the legality of claim of a person to a public offi ce. Hence, it prevents illegal usurpation of public offi ce by a person. The writ can be issued only in case of a substantive public offi ce of a permanent character created by a statute or by the Constitution. It cannot be issued in cases of ministerial offi ce or private offi ce. Unlike the other four writs, this can be sought by any interested person and not necessarily by the aggrieved person.
Question 19. With reference to Ayushman Bharat Digital Mission, consider the following statements:
1. Private and public hospitals must adopt it.
2. As it aims to achieve universal health coverage, every citizen of India should be part of it ultimately.
3. It has seamless portability across the country.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Correct Option: (b)
Explanation:
Statement 1 is incorrect: Participation in ABDM is voluntary including for citizens. Participation of a healthcare facility or an institution is also voluntary and shall be taken by the respective management (government or private management). However, once the management decides to register the respective healthcare facility/institution in ABDM, it is essential for all the healthcare professionals serving the said facility/institution to register in Healthcare Professionals Registry so that the institution can become fully integrated with the National Digital Health Ecosystem (NDHE).
By elimination, Option (b) is correct
Question 20. With reference to Deputy Speaker of Lok Sabha, consider the following statements:
1. As per the Rules of Procedure and Conduct of Business in Lok Sabha, the election of Deputy Speaker shall be held on such date as the Speaker may fi x.
2. There is a mandatory provision that the election of a candidate as Deputy Speaker of Lok Sabha shall be from either the principal opposition party or the ruling party.
3. The Deputy Speaker has the same power as of the Speaker when presiding over the sitting of the House and no appeal lies against his rulings.
4. The well established parliamentary practice regarding the appointment of Deputy Speaker is that the motion is moved by the Speaker and duly seconded by the Prime Minister.
Which of the statements given above are correct?
(a) 1 and 3 only
(b) 1, 2 and 3
(c) 3 and 4 only
(d) 2 and 4 only
Correct Option: (a)
Explanation:
Deputy Speaker of LokSabha
Like the Speaker, the Deputy Speaker is also elected by the LokSabha itself from amongst its members. He is elected after the election of the Speaker has taken place. The date of election of the Deputy Speaker is fi xed by the Speaker. Whenever the offi ce of the Deputy Speaker falls vacant, the LokSabha elects another member to fi ll the vacancy.
Upto the 10th LokSabha, both the Speaker and the Deputy Speaker were usually from the ruling party. Since the 11th LokSabha, there has been a consensus that the Speaker comes from the ruling party (or ruling alliance) and the post of Deputy Speaker goes to the main opposition party.
The Deputy Speaker performs the duties of the Speaker’s offi ce when it is vacant. He also acts as the Speaker when the latter is absent from the sitting of the House. In both cases, he assumes all the powers of the Speaker. He also presides over the joint sitting of both the Houses of Parliament, in case the Speaker is absent from such a sitting.
At any time before noon on the day preceding the date so fi xed, any member may give notice in writing, addressed to the Secretary-General, of a motion that another member be chosen as the Deputy Speaker of the House and the notice shall be seconded by a third member and shall be accompanied by a statement by the member whose name is proposed in the notice that the member proposed is willing to serve as Deputy Speaker.
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