Polity 2022 Flashcards
(37 cards)
What committee led to the passage of the Contempt of Courts Act, 1971?
H.N. Sanyal Committee
The committee was established in 1961 to examine laws and issues related to contempt of court.
Which articles of the Constitution of India empower the Supreme Court and High Courts to punish for contempt?
Articles 129 and 215
Article 129 empowers the Supreme Court, while Article 215 empowers High Courts.
Does the Constitution of India define Civil Contempt and Criminal Contempt?
No
The Constitution does not provide definitions for Civil Contempt or Criminal Contempt.
What is the maximum punishment under the Contempt of Court Act of 1971?
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.
What does Civil Contempt refer to?
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.
What constitutes Criminal Contempt?
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.
Which legal body regulates legal practice and education in India?
Bar Council of India
It was established under the Advocates Act, 1961.
Are corporate lawyers recognized as advocates in India?
Yes
There is no prohibition on corporate lawyers and patent attorneys being recognized as lawyers.
What is the role of the Attorney General of India?
Chief Legal Advisor for India and primary lawyer in Supreme Court cases
The Solicitor General assists the Attorney General.
What does the Advocates Amendment Bill, 2023 aim to do?
Repeal the Legal Practitioners Act, 1879 and amend the Advocates Act, 1961
It seeks to eliminate superfluous laws in the statute book.
What is a ‘tout’ in the context of the Advocates Amendment Bill, 2023?
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.
Is a prior recommendation from the President required for amending the Constitution?
No
Article 368 states that prior approval is not needed.
What must happen for a Constitution Amendment Bill to become an Act?
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.
How many ranks of ministers are classified in the Constitution of India?
None
The classification is a convention, not specified in the Constitution.
What is the maximum percentage of Lok Sabha members that can be ministers in the Union Government?
15 percent
This is stipulated in Article 75(1A) of the Constitution.
Which exclusive power does the Lok Sabha have?
To pass a motion of no-confidence against the Council of Ministers
This motion cannot be moved in the Rajya Sabha.
Can both Houses of Parliament approve a proclamation of National Emergency?
Yes
Both Houses must approve within one month of the proclamation.
What is the function of the Speaker of the Lok Sabha regarding Money Bills?
Decide whether a bill is a Money Bill
The Rajya Sabha cannot amend or reject Money Bills.
What is required for the Rajya Sabha to introduce a resolution for the removal of the Vice-President?
It must be introduced only in the Rajya Sabha
The Lok Sabha cannot initiate this process.
What type of law does the anti-defection law address?
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.
What does Article 312 authorize the Parliament to do?
Create new All-India Services
Article 312 of the Constitution of India empowers Parliament to establish new All-India Services.
Where can the resolution for the removal of the Vice-president be introduced?
Rajya Sabha
Article 67 specifies that the resolution for the removal of the Vice-president can only be introduced in the Rajya Sabha.
What happens to a proclamation issued by the President for imposing an emergency when the Lok Sabha has been dissolved?
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.
According to the anti-defection law, when can a nominated legislator join a political party?
Within six months of being appointed
A nominated legislator cannot join any political party after six months of their appointment to the House.