UPSC Prelims Research: Indian Polity 2022

Q. Consider the following statements:

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 defines 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

Answer: (b) 1, 2 and 4 only

Notes:

• A committee was set up in 1961 under the chairmanship of the late H N Sanyal, the then additional solicitor general. The committee made a comprehensive examination of the law and problems relating to contempt of court in the light of the position obtained in our own country and various foreign countries. Pursuant to the recommendations made by the H N Sanyal Committee, the Contempt of Courts Act, 1971 was passed.
• The Supreme Court and the High Courts of India have been empowered with the power to penalize for Contempt of Court under Articles 129 and 215 of the Constitution of India. 
• The Constitution of India does not define Civil Contempt and/or Criminal Contempt.
• Article 142 (2) of the Indian Constitution clearly states that “subject to the provisions of any law made on this behalf by Parliament” the Supreme Court shall have all and every power to make any order on the punishment of any contempt of itself. Thus, the parliament is vested with powers to make laws on Contempt of Court.

Contempt of Court:

• Contempt of court seeks to protect judicial institutions from motivated attacks and unwarranted criticism, and as a legal mechanism to punish those who lower its authority.
  • Note: Fair and accurate reporting of judicial proceedings will not amount to contempt of court. Nor is any fair criticism on the merits of a judicial order after a case is heard and disposed of.
• Statutory Basis:
  • When the Constitution was adopted, contempt of court was made one of the restrictions on freedom of speech and expression under Article 19 (2) of the Constitution of India.
  • Separately, Article 129 of the Constitution conferred on the Supreme Court the power to punish contempt of itself. Article 215 conferred a corresponding power on the High Courts.
  • The Contempt of Courts Act, 1971, gives statutory backing to the idea.
• Kinds of Contempt of Court:
  • Civil Contempt: It is the wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court.
  • Criminal Contempt: It is the publication of any matter or the doing of any other act which scandalises or lowers the authority of any court, or interferes with the due course of any judicial proceeding, or obstructs the administration of justice in any other manner.
• Punishment:
  • The Contempt of Court Act of 1971 punishes the guilty with imprisonment that may extend to six months or fine of Rs 2,000 or both.
    • It was amended in 2006 to include “truth and good faith” as a defence.
    • It was added that the court may impose punishments only if the act of the other person substantially interferes, or tends to interfere with the due course of justice.

Q. With reference to India, consider the following statements:

1. Government law officers and legal firms 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

Answer: (b) 2 only

Notes:

• Corporate Lawyers, as well as patent attorneys, are too recognized as lawyers and there’s no prohibition on their recognition as lawyers.
  • Advocates Act 1961 defines an advocate as a person who is enrolled in any State Bar Council and who is entitled to practice law before any court or authority in India.
  • In India, an advocate is a lawyer who has passed the All India Bar Examination and is licensed to practice law in courts. Advocates are qualified to represent clients in court, and can appear in any court.
• The Bar Council of India is a statutory body established under section 4 of the Advocates Act 1961 that regulates the legal practice and legal education in India.
  • It performs the regulatory function by prescribing standards of professional conduct and etiquette and by exercising disciplinary jurisdiction over the bar.
  • The Bar Council of India visits and inspects Universities/Law colleges in the country as part of its statutory function of promoting legal education and laying down standards in consultation with the Universities in India and the State Bar Councils.
  • In addition, it performs certain representative functions by protecting the rights, privileges and interests of advocates and through the creation of funds for providing financial assistance to organise welfare schemes for them.

Attorney General and Solicitor General

• The Attorney General is the Chief Legal Advisor for India. He is also the primary lawyer in dealing with the Supreme Court.
• The major difference between the Attorney General and the Solicitor General is that the Solicitor General of India assists the Attorney General of India, taking help from many other Solicitor Generals.

Advocates Amendment Bill, 2023

• The Bill repeals the Legal Practitioners Act, 1879 and amended the Advocates Act, 1961, to reduce “the number of superfluous enactments in the statute book” and repeal all “obsolete laws”.
• The Bill provides that every High Court, district judge, sessions judge, district magistrate, and revenue officer may frame and publish lists of touts.
  • Tout refers to a person who:
    • Either proposes to procure or procures the employment of a legal practitioner in a legal business in return of any payment.
    • Frequents places such as the precincts of civil or criminal courts, revenue-offices, or railway stations to procure such employment.
    • The Court or judge may exclude from the premises of the Court any person whose name is included in the list of touts.
• Preparation of lists:
  • The authorities empowered to frame and publish the list of touts may order subordinate courts to hold an inquiry into the conduct of persons alleged or suspected to be touts.
  • Once such a person is proven to be a tout, his name may be included by the authority in the list of touts.
  • No person will be included in such lists without getting an opportunity of showing cause against his inclusion.
• Penalty:
  • Any person who acts as a tout while his name is included in the list of touts will be punished with imprisonment up to three months, a fine up to Rs 500, or both.

Q. 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

Answer: (b) 2 and 3 only

Notes:

• According to Article 368 of the Indian constitution, prior approval of the President is not required for the Constitutional Amendment Act. The bill can be introduced either by a minister or by a private member. If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority, that is, a majority of the members of the House present and voting.
• The 24^th Amendment of the Indian Constitution amended Article 368 to provide expressly that Parliament has the power to amend any provision of the Constitution.
• As per the 1971 amendment of Article 368, it has been obligatory for the President to give his assent to the Constitutional Amendment Bill and the President cannot exercise any veto power regarding this. The president cannot exercise his veto powers with respect to the Constitution Amendment Bill. The president must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament. After the president’s assent, the bill becomes an Act and the Constitution stands amended in accordance with the terms of the Act.
• The Constitutional Amendment Bill needs to be passed by both the houses separately by a special majority and there is no provision of joint sitting.

Q. Consider the following statements:

1. The Constitution of India classifies 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

Answer: (b) 2 only

Notes:

• There is no classification in the Constitution of India for the Council of Ministers.  Article 74 provides that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.
  • The classification into Cabinet Minister, Minister of State with Independent Charge, Minister of State, and Deputy Minister is more of a convention that has developed through practice within the parliamentary system of government. It is not specified in the Constitution itself. The Constitution does mention the Council of Ministers and their responsibility to aid and advise the President, but it does not go into the specifics of the different ranks.
    • As mentioned in the Rules of Procedure and Conduct of Business in Lok Sabha – “Minister” means a member of the Council of Ministers (and includes a member of the Cabinet), a Minister of State, a Deputy Minister or a Parliamentary Secretary.
    • The Council of Ministers consists of Cabinet Ministers, Deputy Ministers, and Ministers of State.
    • The word cabinet appears only once in our Indian constitution, in Article 352 (3).
• The Constitution (91st Amendment) Act, 2003 made Amendment in the Article 75. According to this amendment, the total number of ministers, including the Prime Minister, in the COM shall not exceed 15% of the total strength of the Lok Sabha.
  • This is mentioned in Article 75(1A) of the Constitution. The purpose of this amendment was to prevent an excessively large number of ministers in the government, which could lead to an unnecessary burden on the public exchequer and could also be seen as a means to create political patronage.

The Council of Ministers:

• Cabinet Ministers – Many senior ministers occupy significant responsibilities like defence, home affairs, and education in the cabinet. A member of the executive branch of a government who has been nominated to the cabinet, which is made up of the prime minister’s top policymakers, advisers, and overseers of government ministries.
• Deputy Ministers – A deputy minister works “under” a minister, who is a full member of the Cabinet and is in charge of a specific standing policy portfolio, as well as overseeing a connected civil service department.
• Minister of State – A Minister of State is a junior minister in the Union Government’s Council of Ministers who may assist a cabinet minister or have independent charge of a ministry.

Q. 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-confidence 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

Answer: (b) 2 only

Notes:

• All types of emergencies require approval of both the Houses. The proclamation of National Emergency must be approved by both the Houses of Parliament within one month from the date of its issue. A proclamation imposing President’s Rule must be approved by both the Houses of Parliament within two months from the date of its issue. A proclamation declaring financial emergency must be approved by both the Houses of Parliament within two months from the date of its issue. 
• A no-confidence motion can be moved only in the Lok Sabha and not Rajya Sabha. It can be moved by any member of the Lok Sabha. Rule 198 of the Rules of Procedure and conduct of Lok Sabha specifies the procedure for moving a no-confidence motion.
• Impeachment charges against the President can be initiated by either House of Parliament. 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 office from the date on which the resolution is so passed.

Equal powers of Rajya Sabha in relation to Lok Sabha

In the following matters, the powers of the Rajya Sabha are equal to that of the Lok Sabha:

• Introduction and passage of ordinary bills, Constitutional amendment bills, and financial bills involving expenditure from the Consolidated Fund of India.
• Election and impeachment of the President.
• Making recommendations to the President for the removal of the Chief Justice and judges of the Supreme Court and High courts, Chief Election Commissioner, and Comptroller and Auditor General.
• Approval of ordinances and proclamation of all three types of emergencies by the President.
• Selection of ministers, including the Prime Minister. 
• Consideration of the reports of the constitutional bodies like the Finance Commission, Union Public Service Commission, Comptroller and Auditor General, etc.
• Enlargement of the jurisdiction of the Supreme Court and the Union Public Service Commission.

Special Powers of Lok Sabha

• A money bill can be introduced only in the Lok Sabha and not in the Rajya Sabha.
  • The final power to decide whether a particular bill is a money bill or not is vested in the Speaker of the Lok Sabha.
  • Rajya Sabha cannot amend or reject a Money Bill. It should return the bill to the Lok Sabha within 14 days, either with recommendations or without recommendations.
  • The Lok Sabha can either accept or reject all or any of the recommendations of the Rajya Sabha. In both cases, the money bill is deemed to have been passed by the two Houses.
• A financial bill, not containing solely the matters of Article 110, also can be introduced only in the Lok Sabha and not in the Rajya Sabha. But, with regard to its passage, both houses have equal powers.
• The Speaker of Lok Sabha presides over the joint sitting of both Houses.
• Rajya Sabha can only discuss the budget but cannot vote on the demands for grants.
• A resolution for discontinuing the national emergency can be passed only by the Lok Sabha and not by the Rajya Sabha.
• The Rajya Sabha cannot remove the council of ministers by passing a no-confidence motion. This is because the council of ministers is collectively responsible only to the Lok Sabha.

Special Powers of Rajya Sabha

The Rajya Sabha has been given some special powers that are not enjoyed by the Lok Sabha:

• Article 249: authorize the Parliament to make a law on a subject enumerated in the state list.
• Article 312: authorize the Parliament to create new All-India Services.
• Article 67: The resolution for the removal of the Vice-president can be introduced only in the Rajya Sabha and not in the Lok Sabha.
• Emergency: If a proclamation is issued by the President for imposing an emergency (National, state, or financial) at a time when the Lok Sabha has been dissolved, then the proclamation can remain effective even if it is approved by the Rajya Sabha alone.

Q. With reference to anti-defection law in India, consider the following statements:

1. The law specifies 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 officer 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

Answer: (b) 2 only

Anti-Defection Law:

• Defection refers to switching political allegiance, particularly when a member of a political party leaves the party and joins another party or becomes independent. 
• Anti-defection Law in India was enacted in 1985 through the 52nd Amendment Act of 1985 as part of the Tenth Schedule of the Constitution of India. Anti-defection laws aim to prevent or discourage defection by imposing penalties on politicians who switch parties or otherwise violate party discipline. 
• These laws may be designed to ensure that politicians are held accountable to the voters who elected them and to maintain the stability and cohesion of political parties. 
• In some countries, anti-defection laws allow political parties to expel members who defect, while in others, they may disqualify defectors from holding public office or impose other penalties.
• As per the Anti-defection Law, a nominated member of a House becomes disqualified 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. Thus, she/he can join a political party before the expiration of 6 months after becoming a member.
• Any question regarding disqualification arising out of defection is to be decided by the presiding officer of the House. The law does not provide a time-frame within which the presiding officer has to decide a defection case.

Q. Consider the following statements:

1. Attorney General of India and Solicitor General of India are the only officers 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

Answer: (d) Neither 1 nor 2

Attorney General of India

• According to Article 76(1), the President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India.
• The Attorney General has the right to speak and to take part in the proceedings of both the Houses of Parliament or their joint sitting and any committee of the Parliament of which he may be named a member but without a right to vote. 
• He enjoys all the privileges and immunities that are available to a member of Parliament. 
• According to Article 76(4), the Attorney-General shall hold office during the pleasure of the President and shall receive such remuneration as the President may determine. Hence, Attorney General can be removed by the president at any time.
• Since he is appointed by the president on the advice of the council of ministers, conventionally he resigns when the council is dissolved. But it is not mandatory.
  • There is no mention in the Indian Constitution of the need for him to submit his resignation when the Government which appointed him resigns.

Limitations on the Attorney General:

• Following limitations are placed on the Attorney General in order to avoid any complication and conflict of duty–
  • He should not advise or hold a brief against the Government of India.
  • He should not advise or hold a brief in cases in which he is called upon to advise or appear for the Government of India.
  • He should not defend accused persons in criminal prosecutions without the permission of the Government of India.
  • He should not accept an appointment as a director in any company or corporation without the permission of the Government of India.
  • He should not advise any ministry or department of the Government of India or any statutory organization or any public sector undertaking unless the proposal or a reference in this regard is received through the Ministry of Law and Justice, Department of Legal Affairs.

​Solicitor General of India

• The Solicitor General of India is the second-highest legal officer in the country, serving under the Attorney General, who holds the highest position.
• Apart from the Attorney General, the Indian Government has other legal officers, including the Solicitor General and Additional Solicitor General, who support the Attorney General in carrying out his duties. However, only the Attorney General’s office is established by the Constitution, as Article 76 does not mention the Solicitor General or Additional Solicitor General.
• The office and responsibilities of the Solicitor General and Additional Solicitor Generals are regulated by the Law Officers (Conditions of Service) Rules, 1987, rather than the Constitution, making them statutory positions rather than constitutional ones. 
• The Solicitor General provides legal advice to the government and is appointed for a three-year term by the Prime Minister-chaired Appointment Committee of the Cabinet.
• The Attorney General has the right to participate in parliamentary proceedings but cannot cast a vote. The Solicitor General and Additional Solicitor Generals, however, do not have the right to participate in parliamentary proceedings.

Advocate General

• The constitution has provided for the office of Advocate General for the states. He is the highest law officer in a state. Thus the office of the Advocate General at the state level corresponds to the Attorney General of India at the Union level.
• Constitutional Provision: Under Article 165 of the Indian constitution, The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate General for the States.
• The Advocate General shall hold office during the pleasure of the Governor and shall receive such remuneration as the Governor may determine Conduct of Government Business
• The duties, rights, privileges, functions, and responsibilities of an Advocate General are very much similar to the Attorney General of India. But the only difference is that it is confined to the respective state only.

Q. 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

Answer: (c) 1 and 3 only

Types of writs:

• Mandamus’ means ‘we command’. Mandamus is a command issued by the court to a public official asking him to perform his official 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 a government for the same purpose.
  • It cannot be issued against a private individual or body, the President or Governors of States, or against a working Chief Justices.
    • It is usually not usable against a private entity unless it is entrusted with a public duty.
  • As explained above, Mandamus can be used against a government corporation and/or company.
• Quo Warranto:
  • It is issued by the court to inquire into the legality of the claim made by the person who is holding a public office.
  • Hence, it prevents illegal usurpation of public office by a person. Unlike the other writs, this can be sought by any interested person and not necessarily by the aggrieved person.
  • The ministerial office cannot be the target of it.
  • This writ is used to determine who has the legal authority to hold a public office in the event of a disagreement.
• Habeas Corpus:
  • ‘Habeas Corpus’ literally means “to have a body of”.
  • This writ is used to release a person who has been unlawfully detained or imprisoned.
  • By virtue of this writ, the Court directs the person so detained to be brought before it to examine the legality of his detention.
  • If the Court concludes that the detention was unlawful, then it directs the person to be released immediately. 
• Prohibition:
  • It is issued by the High Court or the Supreme Court to the subordinate court or the tribunal to prevent them from exceeding their jurisdiction which hasn’t been vested upon them under the law.
  • It cannot be applied to statutory bodies, administrative agencies, or private individuals or businesses.
  • Only judicial and quasi-judicial organisations are subject to it.
• Certiorari:
  • It is issued by the High Court or the Supreme Court to the judicial or quasi-judicial authorities when such authority passes the order without having jurisdiction in such case, exceeding the jurisdiction conferred upon it, or when it violates the principle of natural justice. 
  • It is issued against a lower court or tribunal in order to transfer the matter to another superior body for careful consideration.

Q. 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 fix.
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

Answer: (a) 1 and 3 only

Deputy Speaker in Lok Sabha:

• In Lok Sabha, the election of Deputy Speaker is governed by Rule 8 of The Rules of Procedure and Conduct of Business in Lok Sabha. According to the Rule, the election “shall be held on such date as the Speaker may fix”, and the Deputy Speaker is elected once a motion proposing his name is passed.
• Up to the 10th Lok Sabha, both the Speaker and the Deputy Speaker were usually from the ruling party. Since the 11th Lok Sabha, 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.
• Article 95(1) says: “While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker”. The Deputy Speaker has the same powers as the Speaker when presiding over a sitting of the House. All references to the Speaker in the Rules are deemed to be references to the Deputy Speaker when he presides. No appeal lies to the Speaker against a ruling given by the Deputy Speaker or any person presiding over a sitting of the House in the absence of the Speaker.
• The Deputy Speaker is also elected by the Lok Sabha from amongst its members right after the election of the Speaker has taken place.
  • There is no provision and or established practice of moving the motion for his election by the speaker and it is seconded by the prime minister.
• The well-established parliamentary practice is that a motion is moved by the Parliamentary Affairs Minister and duly seconded by the treasury benches or by the opposition, which is carried by the House.

Q. If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of the following statements best reflects the consequence of it?

(a) This would prevent the transfer of land of tribal people to non-tribal people.

(b) This would create a local self-governing body in that area.

(c) This would convert that area into a Union Territory.

(d) The State having such areas would be declared a Special Category State.

Answer: (a) This would prevent the transfer of land of tribal people to non-tribal people.

Notes:

• The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas as well as of Scheduled Tribes residing in any State other than the States of Assam, Meghalaya, Tripura and Mizoram.
• Governor can make regulations for the peace and good government of a scheduled area after consulting the tribes advisory council. Such regulations may prohibit or restrict the transfer of land by tribal to non tribal members or among members of the scheduled tribes, regulate the allotment of land to members of the scheduled tribes.
• If a particular area is brought under the Fifth Schedule, it means that all land in Scheduled Area is presumed to have been Adivasi land; hence, not only should no land now pass into the hands of non-Adivasis, but any land presently owned by non-tribal should, if being transferred, come back to the hands of Scheduled Tribes.
• According to the provisions of Paragraph 4, under Article 244(1) of Fifth Schedule of the Constitution of India, the Tribes Advisory Councils (TAC) shall be established in each State having Scheduled Areas therein and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled Areas. 
  • Tribal advisory council is an advisory body, not a governing body.
• Law applicable to Scheduled Areas:
  • The Governor is empowered to direct that any particular act of Parliament or of the State legislature does not apply to a Scheduled Area or any part or shall apply with specified modifications and exceptions.
  • The Governor is empowered to make regulations for the peace and good government of a Scheduled Area after consulting the Tribes Advisory Council. Such regulations may
    • Prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such Areas.
    • Regulate the allotment of land to members of the Scheduled Tribes in such Areas.
    • Regulate the carrying on of business as money-lender by persons who lend money to members of the Scheduled Tribes in such Areas.
• Executive power of State and Centre:
  • The executive power of a State extends to the Scheduled Areas therein.
  • The Governor of each State having Scheduled Areas shall make a report to the President regarding the administration of the Scheduled Areas in that State. 
  • The executive power of the centre extends to giving directions to the State regarding the administration of such Areas.