Flash Card

LAKSHYA-75 [Day-48 Static Flash Cards for IAS Prelims 2020

Grounds of removal for a Supreme Court judge; OBC reservation; Joint Parliamentary Committee (JPC); Review petition of Supreme Court of India; Collective responsibility in the Indian Parliamentary system; Tenure of Panchayat; Special Leave Petition (SLP); Appointment of Prime Minister of India; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2018; Article 142 of the Constitution;
By IASToppers
April 26, 2020

Under which article, the Supreme Court in Ayodhya case directs that appropriate representation may be given in the Trust or body to the Nirmohi Akhara in the scheme to be framed by the Central Government.

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Answer: Article 142

Enrich Your Learning:

Article 142 of the Constitution:

  • Article 142 provides that “the Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it”.
  • Any order so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.

Salient Features of Art.142:

  • The Article 142 of the constitution enables the Supreme Court to pass any order necessary “for doing complete justice in any cause”.
  • The jurisdiction and powers under Ar. 142 are supplementary in natureand are provided to for doing complete justice in any matter.
  • The expressions ‘cause’ or ‘matter’ include any proceeding pending in the court and would cover almost every kind of proceeding in the court including civil or criminal, whether interlocutory or final, and whether before or judgement.
  • The plenary powers of the Supreme Court under Ar. 142 of the Constitution are inherent in the court and are complementary to those powers which are specifically conferred on the court by various statutes though are not limited by those statutes.
  • The exercise of the power is left completely to the discretion of the Supreme Court.

SC decisions based on Article 142:

  • The top court had invoked the Article 142 to annul a marriage of a coupleliving apart for past 22 years, even though the woman had not given consent for the divorce.
  • In December 2015, the top court had invoked the Article 142 to appoint Justice Virendra Singh as the Lokayukta of Uttar Pradesh, when the state had not made the appointment within the deadline citing lack of consensus. Appointment of the Lokayukta is in the government’s domain.
  • The court had even invoked the Article to transfer the trial of a case against the accused in Babri Masjid Demolitionfrom Rae Bareli court to a Lucknow court for the joint trial of two sets of cases arising out of the same issue.
  • Under art. 142, the Supreme Court has issued guidelines and directions in a large number of cases. Guidelines on the adoption of minor children by foreigners, norms for the appointment of and transfer of judges, prevention of sexual harassment of women at the work place.

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2018 states that persons accused of committing an offence under the Act can apply for anticipatory bail.  True OR False.

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Answer: False.

Correct statement: Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2018 states that persons accused of committing an offence under the Act cannot apply for anticipatory bail.  

Enrich Your Learning:

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2018:

  • The Parliament on August 9, 2018 passed the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2018.
  • It seeks to amend the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 
  • The Act prohibits the commission of offences against members of the Scheduled Castes and Scheduled Tribes and establishes special courts for the trial of such offences and the rehabilitation of victims. 
  • The Bill states that the investigating officer will not require the approval of any authority for the arrest of an accused. 
  • Further, it provides that a preliminary enquiry will not be required for the registration of a First Information Report against a person accused under the Act.
  • The Bill seeks to clarify that this provision will apply despite any judgements or orders of a court that provide otherwise.
  • The Supreme Court stated that for persons accused of committing an offence under the Act, approval of the Senior Superintendent of Police will be required before an arrest is made. 
  • Further, the Deputy Superintendent of Police may conduct a preliminary enquiry to find out whether there is a prima facie case under the Act. 

The Constitution does not contain any specific procedure for the selection and appointment of the Prime Minister. True OR False.

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Answer: True.

Enrich Your Learning:

Appointment of Prime Minister of India:

  • Article 75 says only that the Prime Minister shall be appointed by the president. However, this does not imply that the president is free to appoint any one as the Prime Minister.
  • In accordance with the conventions of the parliamentary system of government, the President has to appoint the leader of the majority party in the Lok Sabha as the Prime Minister.
  • When no party has a clear majority in the Lok Sabha, then the President may exercise his personal discretion in the selection and appointment of the Prime Minister.
  • In such a situation, the President usually appoints the leader of the largest party or coalition in the Lok Sabha as the Prime Minister and asks him to seek a vote of confidence in the House within a month.
  • This discretion was exercised by the President, for the first time in 1979, when Neelam Sanjiva Reddy appointed Charan Singh as the Prime Minister after the fall of the Janata Party government headed by Morarji Desai.
  • There is also one more situation when the president may have to exercise his individual judgement in the selection and appointment of the Prime Minister, that is, when the Prime Minister in office dies suddenly and there is no obvious successor.
  • A person who is not a member of either House of Parliament can be appointed as Prime Minister for six months, within which, he should become a member of either House of Parliament; otherwise, he ceases to be the Prime Minister.

Which article of the Constitution of India gives power to the Supreme Court to grant special permission or leave?

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Answer:

Under Article 136, the Constitution of India gives power to the Supreme Court to grant special permission or leave to an aggrieved party to appeal against an order passed in any of the lower courts or tribunals in India.

Enrich Your Learning:

Special Leave Petition (SLP):

  • Special leave petition (SLP) means that an individual takes special permission to be heard in appeal against any high court/tribunal verdict. Thus, it is not an appeal but a petition filed for an appeal.
  • So, after an SLP is filed, the Supreme Court may hear the matter and if it deems fit, it may grant the ‘leave’ and convert that petition into an ‘appeal’. SLP shall then become an Appeal and the Court will hear the matter and pass a judgment.

SLP can be presented under following circumstance:

  • It can be filed against any judgment or decree or order of any high court /tribunal in the territory of India, or
  • It can be filed in case a high court refuses to grant the certificate of fitness for appeal to Supreme Court of India.

Time limit to file SLP:

  • It can be filed against any judgment of a high court within 90 days from the date of judgment, or
  • It can be filed within 60 days against the order of a high court refusing to grant the certificate of fitness for appeal to Supreme Court.

Which amendment act provides for a five-year term of office to the panchayat at every level?

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Answer:

73rd amendment act of 1992 provides for a five-year term of office to the panchayat at every level.

Enrich Your Learning:

Tenure of Panchayat:

  • The tenure of every Panchayat shall be for five years from the date of the date appointed for its first meeting. However, it can be dissolved before the completion of its term.
  • Fresh elections to constitute a panchayat shall be completed:

(a) before the expiry of its duration of five years; or

(b) in case of dissolution, before the expiry of a period of six months from the date of its dissolution.

  • Where the remainder of the period (for which the dissolved panchayat would have continued) is less than six months, it shall not be necessary to hold any election for constituting the new panchayat for such period.
  • A panchayat constituted upon the dissolution of a panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved panchayat would have continued had it not been so dissolved.
  • A panchayat reconstituted after premature dissolution does not enjoy the full period of five years but remains in office only for the remainder of the period.

Who is collectively responsible to the Lok Sabha in the Indian Parliamentary system?

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Answer: The Council of Ministers

Enrich Your Learning:

Collective responsibility in the Indian Parliamentary system:

  • A Ministry which loses confidence of the Lok Sabha is obliged to resign. The ministry is an executive committee of the Parliament and it collectively governs on behalf of the Parliament.
  • Collective responsibility is based on the principle of the solidarity of the cabinet. It implies that a vote of no confidence even against a single minister leads to the resignation of the entire Council of Ministers.
  • It also indicates that if a minister does not agree with a policy or decision of the cabinet, he or she must either accept the decision or resign. It is binding on all ministers to pursue or agree to a policy for which there is collective responsibility.
  • Council of Ministers cannot exist without the Prime Minister and it comes into existence only after the Prime Minister has taken the oath of office.
  • The death or resignation of the Prime Minister automatically brings about the dissolution of the Council of Ministersbut the demise, dismissal or resignation of a minister only creates a ministerial vacancy.
  • The Prime Minister acts as a link between the Council of Ministers on the one hand and the President as well as the Parliament on the other.
  • It is also the constitutional obligation of the Prime Minister to communicate to the President all decisions of the Council of Ministersrelating to the administration of the affairs of the Union and proposals for legislation.
  • The Prime Minister is involved in all crucial decisions of the government and decides on the policies of the government. Thus, the power wielded by the Prime Minister flows from various sources:
  • Control over the Council of Ministers, leadership of the Lok Sabha, command over the bureaucratic machine, access to media, projection of personalities during elections, projection as national leader during international summitry as well as foreign visits.

What are the grounds for seeking a review of a verdict the Supreme Court has delivered?

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Answer:

The Supreme Court has laid down three grounds for seeking a review of a verdict it has delivered:

  1. The discovery of new and important matter or evidence which, after the exercise of due diligence, was not within the knowledge of the petitioner or could not be produced by him;
  2. Mistake or error apparent on the face of the record; or
  3. Any other sufficient reason that is analogous to the other two grounds

Enrich Your Learning:

Review petition of Supreme Court of India:

  • Under Article 137of the Constitution, the Supreme Court has the power to review any of its judgments or orders.
  • As per the Civil Procedure Code and the Supreme Court Rules, any person aggrieved by a ruling can seek a review. This implies that it is not necessary that only parties to a case can seek a review of the judgment.
  • A Review Petition has to be filed within 30 days of the date of judgment or order.
  • In certain circumstances, the court can condone the delay in filing the review petition if the petitioner can establish strong reasons that justify the delay.
  • It needs to be noted that the Court does not entertain every review petition filed.It exercises its discretion to allow a review petition only when it shows the grounds for seeking the review.

Joint Parliamentary Committee (JPC) is one type of Standing Parliamentary committees constituted by the Indian parliament. True OR False.

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Answer: False.

Correct statement: Joint Parliamentary Committee (JPC) is one type of ad hoc Parliamentary committees constituted by the Indian parliament.

Enrich Your Learning:

Joint Parliamentary Committee (JPC):

  • A Joint Parliamentary Committee (JPC) is an ad-hoc body.
  • It is set up for a specific object and duration.
  • The details regarding membership and subjects are also decided by Parliament.

Formation:

  • Joint Parliamentary Committee is formed when motion is adopted by one house and it is supported or agreed by the other house.
  • Another way to form a Joint Parliamentary committee is that two presiding chiefs of both houses can write to each other, communicate with each other and form the joint parliamentary committee.

Membership:

  • The Lok Sabha members are double compared to Rajya Sabha. For e.g. If Joint Parliamentary committee has 10 Lok Sabha Members than 5 members will be from Rajya Sabha and total member of JPC will be 15.
  • The strength of a JPC may be different each time.

Which type of majority is required for removal of a judge of the Supreme Court in each House of Parliament?

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Answer:

The address of removal of a judge of the Supreme Court must be supported by a special majority of each House of Parliament (a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting).

Enrich Your Learning:

Grounds of removal for a Supreme Court judge:

  • A judge of the Supreme Court can be removed from his Office by an order of the president. The President can issue the removal order only after an address by Parliament has been presented to him in the same session for such removal.
  • The grounds of removal are two: proved misbehaviour or incapacity. The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of the Supreme Court by the process of impeachment:
  • A removal motion signed by 100 members (in the case of Lok Sabha) or 50 members (in the case of Rajya Sabha) is to be given to the Speaker/Chairman.
  • The Speaker/Chairman may admit the motion or refuse to admit it.
  • If it is admitted, then the Speaker/Chairman is to constitute a threemember committee to investigate into the charges.
  • The committee should consist of (a) the chief justice or a judge of the Supreme Court, (b) a chief justice of a high court, and (c) a distinguished jurist.
  • If the committee finds the judge to be guilty of misbehaviour or suffering from an incapacity, the House can take up the consideration of the motion.
  • After the motion is passed by each House of Parliament by special majority, an address is presented to the president for removal of the judge.
  • Finally, the president passes an order removing the judge.
  • The first and the only case of impeachment is that of Justice V Ramaswami of the Supreme Court (1991–1993). Though the enquiry Committee found him guilty of misbehaviour, he could not be removed as the impeachment motion was defeated in the Lok Sabha.

 

OBC reservation became a reality after the implementation of the_________ Commission report, which categorised many castes as constituting backward classes and deserving of quotas.

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Answer: Mandal Commission

Enrich Your Learning:

OBC reservation:

  • The Union Cabinet approved the setting up of a commission to examine the issue of sub-categorisation of Other Backward Classes (OBC) in 2017.
  • The Cabinet has approved the setting up of the commission to report on the extent of inequalities within castes listed as OBCs on the Central list and find out scientific ways of sub-categorising the most backward among them.
  • This will pave the way for the provision of sub-quotas for the most backward castes within the OBCs. This means that the most backward OBC groups will compete among themselves for government jobs, educational seats, fellowships and so on rather than with the better-off OBC castes.
  • At present, there is a single Central OBC list, with entries from each State. People belonging to all of these castes can seek reservation from within the single 27% OBC reservation pie for Central government jobs and Central educational institutions.
  • Nine States have already sub-categorised OBCs. These are Andhra Pradesh, Telangana, Puducherry, Karnataka, Haryana, Jharkhand, West Bengal, Bihar, Maharashtra and Tamil Nadu.
  • Since the Supreme Court had imposed a cap of 50% on reservation, OBC quotas at the Centre cannot exceed the present 27%.

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Daily Current Flash Cards 2020 Prelims 2020
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