UPSC Essentials : Daily subject-wise quiz | Polity and Governance MCQs on CJI, parliamentary privileges and more (Week 85)

1. According to the ‘Memorandum of Procedure for the assignment of Supreme Court Judges (MoP)’ the assignment process begins erstwhile “The Union Minister of Law, Justice and Company Affairs would, astatine the due time, question the proposal of the outgoing Chief Justice of India for the assignment of the adjacent Chief Justice of India”. 

2. As per the process laid down successful the MoP, the presiding CJI advises the President successful the substance of assignment of the adjacent CJI.

Which of the statements fixed supra are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Explanation

What is the process for appointing the CJI?

By convention, the seniormost justice of the SC (based connected years of acquisition arsenic a justice successful the apex court) becomes the CJI. This process has present been enactment down successful the ‘Memorandum of Procedure for the assignment of Supreme Court Judges’ (henceforth, referred to arsenic the MoP).

BASIS OF APPOINTMENT: The MoP says that the “appointment to the bureau of the Chief Justice of India should beryllium of the seniormost Judge of the Supreme Court considered acceptable to clasp the office”. Even earlier the MoP was agreed upon successful 1999, the seniormost justice of the Supreme Court aft the CJI was by normal elevated to the apical post.

HOW THE PROCESS BEGINS: According to the MOP, the assignment process begins erstwhile “The Union Minister of Law, Justice and Company Affairs would, astatine the due time, question the proposal of the outgoing Chief Justice of India for the assignment of the adjacent Chief Justice of India”. By convention, the “appropriate time” for the process to statesman is simply a period earlier the day of status of the incumbent CJI. Hence, connection 1 is correct. 

CENTRAL GOVERNMENT APPROVAL: As per the process laid down successful the MoP, “after receipt of the proposal of the Chief Justice of India, the Union Minister of Law, Justice…will enactment up the proposal to the Prime Minister who volition counsel the President successful the substance of appointment”. Though the last connection connected appointing the adjacent CJI technically lies with the Centre, by normal the Centre tends to name whoever the presiding CJI recommends arsenic her successor. Hence, connection 2 is not correct.

Therefore, (a) is the close answer. 

QUESTION 2

With refernce to parliamentary privileges and immunities, see the pursuing statements:

1. No instrumentality has truthful acold been enacted by Parliament successful pursuance of nonfiction 105(3) of the Constitution to specify the powers, privileges and immunities disposable to each House and its Members and the Committees thereof.

2. A idiosyncratic whitethorn beryllium blameworthy of contempt of the House lone if helium violates immoderate of the privileges of the House.

Which of the supra fixed statements is/are not true?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Explanation

According to sansad.in,

“No instrumentality has truthful acold been enacted by Parliament successful pursuance of nonfiction 105(3) of the Constitution to specify the powers, privileges and immunities disposable to each House and its Members and the Committees thereof. In the lack of immoderate specified law, the powers, privileges and immunities of the Houses of Parliament, and of the Members and the Committees thereof, shall beryllium those of that House and of its Members and Committees instantly earlier the coming into unit of conception 15 of the Constitution (Forty-fourth Amendment) Act, 1978.” Hence, connection 1 is correct. 

“Contempt of the House whitethorn beryllium defined mostly arsenic immoderate enactment oregon omission which obstructs oregon impedes either House of Parliament successful the show of its functions, oregon which obstructs oregon impedes immoderate Member oregon officers of specified House successful the discharge of his oregon her duty, oregon which has a tendency, straight oregon indirectly, to nutrient specified results adjacent though determination is nary precedent of the offence. Whereas each breaches of privilege are contempts of the House, a idiosyncratic whitethorn beryllium blameworthy of a contempt of the House adjacent though helium does not interruption immoderate of the privilege of the House.” Hence, staetement 2 is not correct. 

Therefore, (a) is the close answer. 

QUESTION 3

State of Karnataka v Shri Ranganatha Reddy (1977), seen successful the quality is related to:

(a) Extent to which backstage (non-State) parties are required to respect the Article 19 and 21 rights of different persons.

(b) Constitutionality of requiring an accused idiosyncratic to supply a dependable sample.

(c) Live streaming of tribunal proceedings and the Supreme Court’s guidelines.

(d) Nationalization of backstage property.

Explanation

In a landmark ruling that has implications connected the citizen’s close to clasp property, a nine-judge seat of the Supreme Court Tuesday ruled that not each backstage spot tin beryllium deemed “material assets of the community” for redistribution nether Article 39(b) of the Constitution.

The operation “material resource” successful Article 39(b) of the Constitution “may see privately owned resources… not each privately owned resources autumn wrong the ambit of the phrase”, the bulk sentiment of the SC said.

The ruling successful the law notation fundamentally undoes respective decades of Supreme Court jurisprudence connected the issue. A enactment of judgments holding that some nationalist and backstage resources fell wrong the ambit of “material resources of the community” nether Article 39(b) stem from a number sentiment by Justice V R Krishna Iyer successful State of Karnataka v Shri Ranganatha Reddy (1977).

A 1982 five-judge constitution seat ruling, authored by Justice O Chinnappa Reddy successful the lawsuit Sanjeev Coke Manufacturing Company vs Bharat Coking Coal Ltd, had affirmed Justice Iyer’s view.

Therefore, (d) is the close answer.

QUESTION 4

He is appointed by the President of India and has a peculiar process for removal (like a Supreme Court Judge). His wage and expenses charged (not Voted) to the Consolidated Fund of India. He is disallowed to clasp immoderate different Government bureau aft his word expires.

Who is referred to successful the supra lines? 

(a) National Security Advisor

(b) Chief Economic Advisor 

(c) Comptroller and Auditor General of India

(d) Attorney General of India

Explanation

As per cag.gov.in, 

The Constitution enables the autarkic and unbiased quality of audit by the CAG by providing for: 

1. His assignment by the President of India 

2. Special process for removal (like a Supreme Court Judge) 

3. Salary and expenses Charged (not Voted) to the Consolidated Fund of India 

4. Disallowing his holding immoderate different Government bureau aft his word expires

(Refer Article 148-151 of the Constitutuion of India)

Therefore, (c) is the close answer. 

QUESTION 5

What is India Code?

(a) It is AI enabled translation installation for ineligible documents by Government of India. 

(b) It is simply a integer repository of Central, State & Union Territory legislations. 

(c) It is simply a nodal constituent for addressing cybercrime successful India.

(d) India’s ineligible literacy and ineligible consciousness programme.  

Explanation

According to indiacode.nic.in,

“It is simply a database of each Central enactments which are successful unit and their subordinate legislations made from clip to time. With the assistance of this system, retrieving of immoderate Central Act and its applicable subordinate legislations of one’s involvement successful an up-to-date signifier has been simplified and made highly user-friendly and accessible astatine propulsion of fewer buttons. It besides contains Legislations enacted by the States and Union Territory Administrations on with their applicable subordinate legislations.”

Therefore, (b) is the close answer. 

Previous Daily Subject-Wise-Quiz

Daily subject-wise quiz —History, Culture and Social Issues (Week 85)

Daily subject-wise quiz — Polity and Governance (Week 84)

Daily subject-wise quiz — Environment, Geography, Science and Technology (Week 84)

Daily subject-wise quiz — Economy (Week 84)

Daily subject-wise quiz – International Relations (Week 84)

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