Results
#1. Consider the following statements : 1. A person who has held office as a permanent Judge of a High Court cannot plead or act in any court or before any authority in India except the Supreme Court. 2. A person is not qualified for appointment as a Judge of a High Court in India unless he has for at least five years held a judicial office in the territory of India. Which of the statements given above is/are correct?
#2. Consider the following statements regarding the High Courts in India: 1. There are eighteen High Courts in the Country. 2. Three of them have jurisdiction over more than one state. 3. No Union territory has a High Court of its own. 4. Judges of the High court hold office till the age of 62.
#3. Supreme Court is a court of record. This implies that: 1. It can punish for its contempt 2. its decisions’ are admitted as evidence and cannot be questioned by any court 3. it has to keep a record of all the important cases in India 4. its decisions, once taken, are binding upon it Which of the following statements is/are correct?
#4. Which of the following characteristics are essential to federal government ? 1. A supreme and written constitution 2. Separation of powers and the system of checks and balances 3. Distribution of powers between the centre and states 4. Fundamental Rights guaranteed to citizens Which of the following statements is/are correct?
#5. ________ is/are the qualifications for a High Court judge? 1. Citizenship of India 2. Must have held a judicial office for at least ten years 3. Must not be over 62 years of age 4. Must have been an advocate of a High Court for at least ten years or be an eminent jurist Which of the following statements is/are correct?
#6. Chief Justice of a High Court is appointed by the President after consultation with 1. Chief Justice of India 2. Governor of the State 3. Chief Minister of the State Which of the above is/are correct?
#7. With reference to National Legal Services Authority, consider the following statements: 1. Its objective is to provide free and competent legal services to the weaker sections of the society on the basis of equal opportunity. 2. It issues guidelines for the State Legal Services Authorities to implement the legal programmes and schemes throughout the country. Which of the statements given above is/are correct?
#8. In a criminal case, an appeal lies to the Supreme Court if the High Court: 1. has convicted the accused and awarded him a death sentence 2. has on appeal reversed an order for acquittal of an accused and sentenced him to imprisonment of ten years or more 3. has withdrawn for trial before itself any case from a subordinate court and has convicted the accused and sentenced him to death Which of the following statements is/are correct?
#9. Which of the following statements are incorrect about the difference between the writ jurisdiction of the Supreme Court and high courts in India ? 1. The Supreme Court can issue writs not only for the purpose of enforcement of Fundamental Rights but also for any other purpose, whereas high courts can issue writs only for the purpose of enforcement of Fundamental Rights. 2. High courts can issue the writ of Injunction, whereas the Supreme Court cannot issue the writ of Injunction. 3. The Supreme Court can issue writs only in the case of appeal, whereas high courts can issue writs only when the party directly approaches it. 4. High courts can issue writs not only for the purpose of enforcement of Fundamental Rights but also for any other purpose, whereas the Supreme Court can issue writs only for the purpose of enforcement of Fundamental Rights. Which of the following statements is/are correct?
#10. Consider the following statements: 1. The highest criminal court of the district is the Court of District and Session Judge 2. The District Judge are appointed by the Governor in consultation with the High Courts 3. A person to be eligible for appointment as a District Judge should be an advocate or a pleader of seven years’ standing or more, or an officer in judicial service of the Union or the State 4. When the sessions judge awards a death sentence, it must be confirmed by the High Court before it is carried out Which of the statements given above are correct?
#11. Consider the following statements regarding the advisory jurisdiction of the Supreme Court: 1. The reference for advice may be made to the Supreme Court on a question of law of fact by the President of India 2. Disputes arising out of pre-constitution treaties and agreements excluded from the original jurisdiction of the Supreme Court may also be referred to it. 3. The advice given by the Supreme Court is binding on the government 4. One of the cases referred to the Supreme Court for its advice was the constitutionally of the Kerala education bill. Which of these are correct?
#12. The Supreme Court of India issued certain guidelines to put a halt to eve-teasing. In this regard consider the following statements: 1. women cops, in civil uniform, should be deputed at the public places 2. The court also ordered the states and the UTs to form a uniform law 3. The eve-teasing can lead to violation of the fundamental rights. Which of the following statement given above are correct?
#13. With reference to Lok Adalats, consider the following statements: 1. An award made by a Lok Adalat is deemed to be a decree of a civil court and no appeal lies against there to any court. 2. Matrimonial/Family disputes are not covered under Lok Adalat. Which of the statements given above is/are correct?
#14. Consider the following statements about the judicial system introduced by the British in India: 1. It judicially unified India. 2. The British established a new system of law through the process of enactment and relevant interpretation of customary laws. 3. In general the British tended to avoid the customary laws of India. Which of the Statements given above are correct?
#15. In which of the following categories of cases the Supreme Court of India has the power to decide 1. Reference made by the President on a question of law or fact 2. A case involving interpretation of the constitution 3. A case involving substantial question of law of general importance 4. A case where the constitutionally of any law has been challenged Which of the following statements is/are correct?
#16. Regarding advisory jurisdiction of the Supreme Court, which statements are Correct? 1. It is obligatory for the Supreme Court to give its opinion if it is sought. 2. The advice is not binding on the President. 3. President may ask the Court’s opinion on treaties and agreements made before the Constitution was framed.
#17. Consider the following statements: 1. The Parliament cannot enlarge the jurisdiction of the Supreme Court of India as its jurisdiction is limited to that conferred by the Constitution. 2. The officers and servants of the Supreme Court and High Courts are appointed by the concerned Chief Justice and the administrative expenses are charged on the Consolidated fund of India. Which of the statements given above is/are correct?
#18. Consider the following statements : 1. The Chief Justice of a High Court is appointed by the Governor of the state. 2. Every Judge of a High Court including the Chief Justice holds office until he/she attains the age of 65 years. Which of the statements given above is/are correct ?
#19. Consider the following statements regarding e-courts, launched recently in India 1. They will facilitate hearing of cases via video conferencing. 2. They will follow the same procedures that are laid out for the bench for hearing appeals in an open court. Which of the statement(s) given above is/are correct?
#20. With reference to the Delimitation Commission, consider the following statements : 1. The orders of the Delimitation Commission cannot be challenged in a Court of Law. 2. When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot effect any modifications in the orders. Which of the statements given above is/are correct?
#21. What is the provision to safeguard the autonomy of the Supreme Court of India? 1. While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India. 2. The Supreme Court Judges can be removed by the Chief Justice of India only. 3. The salaries of the Judges are charged on the Consolidated Fund of India to which the legislature does not have to vote. 4. All appointments of officers and staffs of the Supreme Court of India are made by the Government only after consulting the Chief Justice of India. Which of the statements given above is/are correct?
#22. Consider the following statements regarding the High Courts in India: 1. There are eighteen High Courts in the country 2. Three of them have jurisdiction over more than one state 3. No Union Territory has a High Court of its own 4. Judges of the High Court hold office till the age of 62 Which of these statements is/are correct?
#23. Consider the following statements: 1. There are 25 High Courts in India. 2. Punjab, Haryana and the Union Territory of Chandigarh have a common High Court. 3. National Capital Territory of Delhi has a High Court of its own. Which of the statements given above is/are correct?
#24. Which of the following statements with respect to the judiciary in India is/are correct? 1. Unlike in the United States, India has not provided for a double system of courts. 2. Under the Constitution of India, there is a single integrated system of courts for the Union as well as the states. 3. The organisation of the subordinate judiciary varies slightly from state to state. Select the correct answer using the codes given below
#25. Consider the following statements: 1. The mode of removal of a Judge of a High Court in India is same as that of removal of a Judge of the Supreme Court. 2. After retirement from the office, a permanent judge of a High Court cannot plead or act in any court or before any authority in India. Which of the statements given above is/are correct?
#26. Consider the following statements:
The Supreme Court of India tenders advice to the President of India on matters of law or fact
1. On its own initiative (on any matter of larger public interest).
2. If he seeks such an advice.
3. Only if the matters relate to the Fundamental Rights of the citizens.
Which of the statement given above is/are correct?
The Supreme Court of India tenders advice to the President of India on matters of law or fact only if the President seeks such an advice (and not on its own initiative).
The Constitution (Article 143) authorises the president to seek the opinion of the Supreme Court in the two categories of matters:
1) On any question of law or fact of public importance which has arisen or which is likely to arise. In this situation, the Supreme Court may tender or may refuse to tender its opinion to the president.
2) On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, sanad or other similar. In this situation, the Supreme Court must tender its opinion to the president.
In both the cases, the opinion expressed by the Supreme Court is only advisory and not a judicial pronouncement. Hence, it is not binding on the president; he may follow or may not follow the opinion. However, it facilitates the government to have an authoritative legal opinion on a matter to be decided by it.
The President can seek advice of Supreme Court on matters related to Fundamental rights but it is not the only matter on which President can seek advice.
#27. What is the provision to safeguard the autonomy of the Supreme Court of India?
1. While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India.
2. The Supreme Court Judges can be removed by the Chief Justice of India only.
3. The salaries of the Judges are charged on the Consolidated Fund of India to which the legislature does not have to vote.
4. All appointments of officers and staffs of the Supreme Court of India are made by the Government only after consulting the Chief Justice of India.
Which of the statements given above is/are correct?
Statement 1 is correct. The judges of the Supreme Court are appointed by the President in consultation with the Chief Justice of India. This provision curtails the absolute discretion of the executive as well as ensures that the judicial appointments are not based on any political or practical considerations.
Statement 2 is incorrect. 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 address must be supported by a special majority of each House of Parliament.
Statement 3 is correct. The salaries, allowances and pensions of the judges and the staff as well as all the administrative expenses of the Supreme Court are charged on the Consolidated Fund of India. Thus, they are non-votable by the Parliament (though they can be discussed by it).
Statement 4 is incorrect. All appointments of officers and staffs of the Supreme Court of India are made by the Chief Justice of India. To maintain the independence of the judiciary the Chief Justice of India has been given powers to appoint officers and servants of the Supreme Court without any interference from the executive. He can also prescribe their conditions of service.
#28. Which of the following are included in the original jurisdiction of the Supreme Court?
1. A dispute between the Government of India and one or more States
2. A dispute regarding elections to either House of the Parliament or that of Legislature of a State
3. A dispute between the Government of India and a Union Territory
4. A dispute between two or more States
Select the correct answer using the codes given below:
As a federal court, the Supreme Court decides the disputes between diff erent units of the Indian Federation. More elaborately, the Supreme Court has exclusive original jurisdiction in the cases where there is any dispute: (a) Between the Centre and one or more states; or (b) Between the Centre and any state or states on one side and one or more other states on the other side; or (c) Between two or more states. Exclusive means, no other court can decide such disputes and original means, the power to hear such disputes in the fi rst instance, not by way of appeal.
#29. How many High Courts in India have jurisdiction over more than one State (Union Territories not included)?
There are 21 High Courts in the country, out of these 3 have jurisdiction over more than one state.
• Bombay High Court has the jurisdiction over Maharasthra, Goa, Dada and Nagar Haveli and Daman and Diu.
• Guwahati High Court, which was earlier known as Assam High Court, has the jurisdiction over Assam, Nagaland, Mizoram and Arunachal Pradesh.
• Punjab and Haryana High Court has the jurisdiction over Punjab, Haryana and Chandigarh.
#30. The power to increase the number of judges in the Supreme Court of India is vested in
The power to increase the number of judges in the Supreme Court of India is vested in the parliament. At present, the Supreme Court consists of thirty-four judges (one chief justice and thirty-three other judges). In 2019, the centre notified an increase in the number of Supreme Court judges from thirty-one to thirty-four, including the Chief Justice of India. This followed the enactment of the Supreme Court (Number of Judges) Amendment Act, 2019. Originally, the strength of the Supreme Court was fixed at eight (one chief justice and seven other judges).
#31. Who/Which of the following is the custodian of the Constitution of India?
The Constitution has conferred a very extensive jurisdiction and vast powers on the Supreme Court. It is not only a Federal Court like the American Supreme Court but also a final court of appeal like the British House of Lords (the Upper House of the British Parliament). It is also the final interpreter and guardian/custodian of the Constitution and guarantor of the fundamental rights of the citizens.
The Supreme Court ensures that the other branches of government perform their responsibilities in accordance with the Constitution. The Supreme Court also ensures that the Constitution of India remains the law of the land and the parliament doesn’t affect or in any way undo the soul of the Constitution through its basic structure doctrine. This also ensures that there aren’t any unreasonable restrictions placed on fundamental rights of individuals by the state.
#32. With reference to the ‘Gram Nyayalaya Act’, which of the following statements is/are correct?
1. As per the Act, Gram Nyayalayas can hear only civil cases and not criminal cases.
2. The Act allows local social activists as mediators/ reconciliators.
Select the correct answer using the code given below.
Statement 1 is incorrect. Gram Nyayalayas are established under the Gram Nyayalayas Act, 2008 for speedy and easy access to justice system in the rural areas. They can try criminal cases as well as civil suits, claims or disputes which are specified in the First Schedule and the Second Schedule of the Act.
Statement 2 is correct. The Act explicitly provides for mediation by social workers. The Gram Nyayalaya shall not be bound by the rules of evidence provided in the Indian Evidence Act, 1872 but shall be guided by the principles of natural justice and subject to any rule made by the High Court
#33. In India, Judicial Review implies
Judicial Review is the power of the Courts to determine the constitutionality of Legislative act and executions orders. Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments. On examination, if they are found to be violative of the Constitution (ultra vires), they can be declared as illegal, unconstitutional and invalid (null and void) by the judiciary. Consequently, they cannot be enforced by the Government.
The scope of judicial review before Indian courts has evolved in three dimensions:
1. to ensure fairness in administrative action.
2. to protect the constitutionally guaranteed fundamental rights of citizens
3. to rule on questions of legislative competence between the centre and the states
#34. With reference to the Constitution of India, consider the following statements:
1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.
2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.
Which of the statements give above is/are correct?
Statement 1 is incorrect. With the power of judicial review, High Courts can strike down State law as well as Central laws. Though the phrase ‘judicial review’ has no where been used in the Constitution, the provisions of Articles 13 and 226 explicitly confer the power of judicial review on a high court.
Statement 2 is incorrect. The Supreme Court in Kesavananda Bharati case (1973) held that Constitutional amendment can be challenged on the ground that it violates a fundamental right that forms a part of the ‘basic structure’ of the Constitution and hence, can be declared as void. Therefore, as it stands the constitutional amendment comes under a law for judicial review if it violates any fundamental rights and Basic structure of our constitution.
#35. Consider the following statements:
1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.
2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of judiciary.
Which of the statements given above is/are correct?
Statement 1 is incorrect. The 44th Amendment to the Constitution of India had no provision placing the election of the Prime Minister beyond judicial review. 44th Amendment to the Constitution of India was enacted to nullify some of the amendments made by the 42nd Amendment Act, 1976.
Statement 2 is correct. 99th Constitutional Amendment Act, 2014 was enacted to reflect the change in the system of appointments of Judges from the collegium system. It sought to establish the National Judicial Appointment Commission (NJAC). This was struck down by the Supreme Court as being violative of the independence of judiciary
#36. Consider the following statements:
1. The motion to impeach a Judge of the Supreme Court of Indian cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968.
2. The Constitution of India defines and gives details of what constitutes ‘incapacity and proved misbehaviour’ of the Judges of the Supreme Court of India.
3. The process of impeachment of the Judges of the Supreme Court of India is given in the Judges (Inquiry) Act, 1968.
4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting.
Which of the statements given above is/are correct?
Statement 1 is incorrect. According to provisions of Judges (Inquiry) Act, 1968, the motion to impeach a judge of the Supreme Court of India can be rejected by the Speaker of the Lok Sabha.
Statement 2 is incorrect. The Constitution of India does not define or give details of what constitutes ‘incapacity and proved misbehaviour’ of the Judges of the Supreme Court of India.
Statement 3 is correct. The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of the Supreme Court by the process of impeachment. It states that 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.
Statement 4 is correct. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting. After the motion is passed by each House of Parliament, an address is presented to the president for removal of the judge. Finally, the president passes an order removing the judge.
#37. In India, separation of judiciary from the executive is enjoined by
Directive Principles of State Policy (DPSP) is enshrined in Part-IV (Article 36 to 51) of the constitution. According to Article 50, the State shall take steps to separate the judiciary from the executive in the public services of the State Accordingly, the Criminal Procedure Code (1973) separated the judiciary from the executive in the public services of the state. Prior to this separation, the district authorities like the collector, the sub-divisional officer, the tehsildar and so on used to exercise judicial powers along with the traditional executive powers. After the separation, the judicial powers were taken away from these executive authorities and vested in the hands of district judicial magistrates who work under the direct control of the state high court.
#38. Consider the following statements:
1. The Constitution of India defines its ‘Basic Structure’ in terms of federalism, secularism, fundamental rights and democracy.
2. The Constitution of India provides for ‘Judicial review’ to safeguard the citizens’ liberties and to preserve the ideals on which the Constitution is based.
Which of the statements given above is are correct?
Statement 1 is incorrect. The basic structure doctrine is not defined by the Constitution. It is rather a judicial invention that came through Kesavananda Bharati vs State of Kerala case (1973). Supreme Court said that the Constitution of India has certain basic features that cannot be altered or destroyed through the provisions of amendment, by the Parliament of India, as mentioned in the Constitution of India.
Statement 2 is incorrect. The term judicial review is not found explicitly anywhere in the Indian constitution. However, Article 13 of the Constitution empowers the SC to review any law in India and strike it down if it violates the Constitutional provisions, especially Part III (on Fundamental Rights), thus providing the power of judicial review indirectly
#39. In India, Legal Services Authorities provide free legal services to which of the following type of citizens?
1. Person with an annual income of less than Rs. 1,00,000.
2. Transgender with an annual income of less than Rs. 2,00,000.
3. Member of Other Backward Classes (OBwith an annual income of less than Rs. 3,00,000.
4. All Senior Citizens.
Select the correct answer using the code given below:
The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society and to organize Lok Adalats for amicable settlement of disputes.
The Income Ceiling Limit prescribed under Section 12(h) of the Act for availing free legal services depend on the limits set by the respective State Governments. Thus, Senior citizens’ eligibility for free legal aid depends on the Rules framed by the respective State Governments in this regard.
The Income Ceiling Limit prescribed for availing free legal services in is:
General –Rs. 1,00,000, Senior citizen- Rs. 2,00,000, Transgender – Rs. 2,00,000.
Free legal aid is available to a member of a Scheduled Caste or Scheduled Tribe, not OBC.
#40. With reference to India, consider the following statements:
1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in police station, not in jail.
2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.
Which of the statements given above is/are correct?
The provisions for custody in India are governed by Section 167 of the Code of Criminal Procedure. A person may be held in the custody of the police or in judicial custody. The first thing that happens to a suspect on arrest is that he is taken into police custody, following which he is taken before a magistrate. From there, he may either be remanded to judicial custody or be sent back into police custody.
Statement 1 is incorrect. Police Custody means that police has the physical custody of the accused while Judicial Custody means an accused is in the custody of the concerned Magistrate. In Police custody, the accused is lodged in police station lockup while in Judicial Custody, he is locked up in the jail.
Statement 2 is correct. During Judicial Custody, the police officer in charge of the case is not allowed to interrogate the suspect. However, the court may allow the interrogations to be conducted if it opines the interrogation being necessary under the facts produced before the court.
However, during police custody, the police officer in charge of the case, may interrogate the suspect.
#41. With reference to India, consider the following statements:
1. When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right.
2. State Governments have their own Prisoner Release on Parole Rules.
Which of the statements given above is/are correct?
Statement 1 is incorrect. Parole is a system of releasing a prisoner with suspension of the sentence. Parole cannot be claimed as a matter of right. Parole may be denied to a prisoner even when he makes out sufficient cause for release on parole.
Parole is to be granted only on a sufficient cause such as cases of severe illness or death of any member of the prisoner’s family. The granting authority for parole is the deputy home secretary of the state government.
On the other hand, Furlough is seen as a matter of right for a prisoner, to be granted periodically irrespective of any reason. It is granted merely to enable the prisoner to retain family and social ties, and to counter the ill-effects of prolonged time spent in prison.
Both Parole and Furlough can be denied if the competent authority is of the opinion that releasing the inmate would not be in the interest of society.
Statement 2 is correct. State governments have their own Prisoner Release on Parole Rules. ‘Prisons’ is a State subject under the State List of the Seventh Schedule of the Constitution.
The management and administration of prisons fall exclusively in the domain of state governments and are governed by the Prisons Act, 1894, and the Prison Manuals of the respective state governments.
The Prisons Act further says that only states can make rules regarding the release of prisoners on furlough, parole and remission, as part of the correctional process in jail reforms.
#42. With reference to Indian Judiciary, consider the following statements:
1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with prior permission of the president of India.
2. A High Court in India has the power to review its own judgement as the Supreme Court does.
Which of the statements given above is/are correct?
Statement 1 is correct. The Chief Justice of India can request a retired judge of the Supreme Court or a retired judge of a high court (duly qualified for appointment as a Supreme Court judge) to act as a judge of the Supreme Court for a temporary period. He can do so only with the previous consent of the President and also of the person to be so appointed. Such a judge is entitled to such allowances as the president may determine. He will also enjoy all the jurisdiction, powers and privileges of a judge of Supreme Court.
Statement 2 is incorrect. The Supreme Court of India has power to review its own judgement or order. Thus, it is not bound by its previous decision and can depart from it in the interest of justice or community welfare. As a court of record, a High Court also has the power to review and correct its own judgement or order. However, the power to review of High Court is not similar to the Supreme Court because the Supreme Court’s power to review is consitutionally guaraneted but not in the case of High Court.
#43. 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 defi nes 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?
Statement 1 is correct: 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.
Statement 2 is correct: 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.
Statement 3 is incorrect: The Constitution of India does not define Civil Contempt and/or Criminal Contempt.
Statement 4 is correct: 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.
#44. With reference to India, consider the following statements:
1. Government law officers and legal firms are recognised 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?
Statement 1 is incorrect: Corporate Lawyers, as well as patent attorneys, are too recognized as lawyers and there’s no prohibition on their recognition as lawyers.
Statement 2 is correct: 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. 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.
#45. With reference to the writs issued by the Courts in India, consider the following statements:
1. Mandamus will not lie against a private organisation 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?
Statement 1 is correct: 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 is usually not usable against a private entity unless it is entrusted with a public duty.
Statement 2 is incorrect: As explained above, Mandamus can be used against a government corporation and/or company.
Statement 3 is correct: Quo Warranto is issued by the court to enquire into the legality of the claim of a person to 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.
