Polity 2022 Flashcards

(37 cards)

1
Q

What committee led to the passage of the Contempt of Courts Act, 1971?

A

H.N. Sanyal Committee

The committee was established in 1961 to examine laws and issues related to contempt of court.

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2
Q

Which articles of the Constitution of India empower the Supreme Court and High Courts to punish for contempt?

A

Articles 129 and 215

Article 129 empowers the Supreme Court, while Article 215 empowers High Courts.

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3
Q

Does the Constitution of India define Civil Contempt and Criminal Contempt?

A

No

The Constitution does not provide definitions for Civil Contempt or Criminal Contempt.

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4
Q

What is the maximum punishment under the Contempt of Court Act of 1971?

A

Imprisonment up to six months or a fine of Rs 2,000 or both

The Act was amended in 2006 to include ‘truth and good faith’ as a defense.

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5
Q

What does Civil Contempt refer to?

A

Wilful disobedience to any court order or breach of an undertaking given to a court

Civil Contempt includes non-compliance with judgments, decrees, or directions of a court.

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6
Q

What constitutes Criminal Contempt?

A

Publication of any matter that scandalizes or lowers the authority of a court

It also includes acts that interfere with judicial proceedings or obstruct justice.

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7
Q

Which legal body regulates legal practice and education in India?

A

Bar Council of India

It was established under the Advocates Act, 1961.

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8
Q

Are corporate lawyers recognized as advocates in India?

A

Yes

There is no prohibition on corporate lawyers and patent attorneys being recognized as lawyers.

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9
Q

What is the role of the Attorney General of India?

A

Chief Legal Advisor for India and primary lawyer in Supreme Court cases

The Solicitor General assists the Attorney General.

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10
Q

What does the Advocates Amendment Bill, 2023 aim to do?

A

Repeal the Legal Practitioners Act, 1879 and amend the Advocates Act, 1961

It seeks to eliminate superfluous laws in the statute book.

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11
Q

What is a ‘tout’ in the context of the Advocates Amendment Bill, 2023?

A

A person who procures employment for a legal practitioner for payment

Touts may be excluded from court premises if included in the list of touts.

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12
Q

Is a prior recommendation from the President required for amending the Constitution?

A

No

Article 368 states that prior approval is not needed.

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13
Q

What must happen for a Constitution Amendment Bill to become an Act?

A

It must be passed by both Lok Sabha and Rajya Sabha by a special majority

The President must give assent after passing through both houses.

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14
Q

How many ranks of ministers are classified in the Constitution of India?

A

None

The classification is a convention, not specified in the Constitution.

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15
Q

What is the maximum percentage of Lok Sabha members that can be ministers in the Union Government?

A

15 percent

This is stipulated in Article 75(1A) of the Constitution.

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16
Q

Which exclusive power does the Lok Sabha have?

A

To pass a motion of no-confidence against the Council of Ministers

This motion cannot be moved in the Rajya Sabha.

17
Q

Can both Houses of Parliament approve a proclamation of National Emergency?

A

Yes

Both Houses must approve within one month of the proclamation.

18
Q

What is the function of the Speaker of the Lok Sabha regarding Money Bills?

A

Decide whether a bill is a Money Bill

The Rajya Sabha cannot amend or reject Money Bills.

19
Q

What is required for the Rajya Sabha to introduce a resolution for the removal of the Vice-President?

A

It must be introduced only in the Rajya Sabha

The Lok Sabha cannot initiate this process.

20
Q

What type of law does the anti-defection law address?

A

Legislation governing the disqualification of members of Parliament and State Legislatures on grounds of defection

It aims to prevent political instability caused by shifting allegiances.

21
Q

What does Article 312 authorize the Parliament to do?

A

Create new All-India Services

Article 312 of the Constitution of India empowers Parliament to establish new All-India Services.

22
Q

Where can the resolution for the removal of the Vice-president be introduced?

A

Rajya Sabha

Article 67 specifies that the resolution for the removal of the Vice-president can only be introduced in the Rajya Sabha.

23
Q

What happens to a proclamation issued by the President for imposing an emergency when the Lok Sabha has been dissolved?

A

It can remain effective if approved by the Rajya Sabha alone

A proclamation for an emergency can remain effective even if only the Rajya Sabha approves it.

24
Q

According to the anti-defection law, when can a nominated legislator join a political party?

A

Within six months of being appointed

A nominated legislator cannot join any political party after six months of their appointment to the House.

25
What does the anti-defection law aim to prevent?
Defection by imposing penalties ## Footnote The anti-defection law discourages switching parties to maintain political stability.
26
True or False: The anti-defection law provides a time-frame for the presiding officer to decide a defection case.
False ## Footnote The law does not specify a time-frame for the presiding officer's decision on defection cases.
27
Who appoints the Attorney General of India?
The President ## Footnote Article 76(1) states that the President appoints the Attorney General, who must be qualified to be a Supreme Court Judge.
28
What is a key limitation on the Attorney General of India?
Cannot advise against the Government of India ## Footnote The Attorney General must not hold a brief against the Government or represent opposing parties in legal matters.
29
What is the term duration for the Solicitor General of India?
Three years ## Footnote The Solicitor General is appointed for a term of three years by the Prime Minister-chaired Appointment Committee.
30
What is the role of the Advocate General in a state?
Highest law officer in the state ## Footnote The Advocate General corresponds to the Attorney General at the Union level and is appointed by the Governor.
31
Which writ is issued to command a public official to perform their duties?
Mandamus ## Footnote Mandamus is used to compel a public official to fulfill their official duties.
32
True or False: Mandamus can be issued against a private organization.
False ## Footnote Mandamus cannot be issued against private individuals or organizations unless they have a public duty.
33
What is the purpose of the writ of Quo Warranto?
To inquire into the legality of a claim to a public office ## Footnote Quo Warranto prevents illegal usurpation of public office and can be sought by any interested person.
34
What is the Deputy Speaker's power when presiding over a sitting of the House?
Same power as the Speaker ## Footnote The Deputy Speaker has the same authority as the Speaker during House sessions.
35
How is the election of the Deputy Speaker in Lok Sabha conducted?
On a date fixed by the Speaker ## Footnote The election of the Deputy Speaker is governed by Rule 8 of the Rules of Procedure and Conduct of Business in Lok Sabha.
36
What does the Fifth Schedule of the Constitution of India primarily deal with?
Administration of Scheduled Areas and Scheduled Tribes ## Footnote The Fifth Schedule concerns the governance of areas inhabited by Scheduled Tribes and the regulations applicable to them.
37
Fill in the blank: The Fifth Schedule prevents the transfer of land of tribal people to _______.
non-tribal people ## Footnote The regulations under the Fifth Schedule aim to protect tribal land from being transferred to non-tribal individuals.