1. Consider the following statements with reference to Memorandum of Procedure of Appointment of Supreme Court Judges: 

1. According to it the appointment to the office of the Chief Justice of India should be of the senior most Judge of the Supreme Court considered fit to hold the office 
2. The process begins with the Union Law Minister seeking the recommendation of the outgoing CJI about the next appointment. 
3. The Minister has to seek the CJI’s recommendation “at the appropriate time” 
4. The timeline for the entire process is 60 days 

Which of the statements given above is/are correct?

A. 1 only

B. 2 and 3 only

C. 4 only

D. 1, 2 and 3 only

2. Which of the following statements is incorrect with reference to the Forty Second Amendment Act, 1976? 

A. Made the president bound by the advice of the cabinet. 

B. Provided for administrative tribunals and tribunals for other matters 

C. Curtailed the power of judicial review and writ jurisdiction of the Supreme Court and high courts. 

D. None of the above

3. Consider the following statements:

1. Anticipatory Bail is issued only by the Sessions Court and High Court
2. Regular Bail is a direction given by the Court to release a person who is already under arrest and kept in police custody

Which of the above statements is/are correct?

A. 1 only

B. 2 only

C. Both 1 and 2

D. Neither 1 nor 2

4. Which of the following statutory provisions makes mediation a compulsory prerequisite to filing a suit in court?

1. Industrial Disputes Act, 1947
2. Companies Act, 2013
3. Micro, Small and Medium Enterprises
4. Development Act, 2006
5. Hindu Marriage Act, 1955
6. Special Marriage Act, 1954

Select the correct code:

A. 1 and 2 only

B. 3, 4 and 5 only

C. 3 only

D. 1, 2, 3, 4 and 5

5. Consider the following statements with reference to the Press Council of India:

1. The Press Council of India jurisdiction is only limited to print media.
2. The Press Council of India is to preserve the freedom of the press and to maintain and improve the standards of the press in India.
3. The Chairman of the commission is nominated by a committee consisting of the President, Leader of Opposition in Lok Sabha and Lok Sabha Speaker.

Which of the statements given above is/are correct?

A. 1 and 3 only

B. 1 and 2 only

C. 1 and 3 only

D. 1, 2 and 3

Answers with Explanations

1. Consider the following statements with reference to Memorandum of Procedure of Appointment of Supreme Court Judges: 

1. According to it the appointment to the office of the Chief Justice of India should be of the senior most Judge of the Supreme Court considered fit to hold the office 
2. The process begins with the Union Law Minister seeking the recommendation of the outgoing CJI about the next appointment. 
3. The Minister has to seek the CJI’s recommendation “at the appropriate time” 
4. The timeline for the entire process is 60 days 

Which of the statements given above is/are correct?

A. 1 only

B. 2 and 3 only

C. 4 only

D. 1, 2 and 3 only

Answer: D

Explanation

• Statement 1 is correct: According to it the appointment to the office of the Chief Justice of India should be of the senior most Judge of the Supreme Court considered fit to hold the office. 
• Statement 2 is correct: The process begins with the Union Law Minister seeking the recommendation of the outgoing CJI about the next appointment. 
• Statement 3 is correct: The Minister has to seek the CJI’s recommendation “at the appropriate time”. 
• Statement 4 is incorrect: The Memorandum does not elaborate or specify a timeline. 

2. Which of the following statements is incorrect with reference to the Forty Second Amendment Act, 1976? 

A. Made the president bound by the advice of the cabinet. 

B. Provided for administrative tribunals and tribunals for other matters 

C. Curtailed the power of judicial review and writ jurisdiction of the Supreme Court and high courts. 

D. None of the above

Answer: D

Explanation

• Statement 1 is correct: Made the president bound by the advice of the cabinet. 
• Statement 2 is correct: Provided for administrative tribunals and tribunals for other matters 
• Statement 3 is correct: Curtailed the power of judicial review and writ jurisdiction of the Supreme Court and high courts. 

Additional Information

Forty Second Amendment Act, 1976 

• Amendments: 
  • Added three new words (i.e., socialist, secular and integrity) in the Preamble. 
  • Added Fundamental Duties by the citizens (new Part IV A). 
  • Made the president bound by the advice of the cabinet. 
  • Provided for administrative tribunals and tribunals for other matters (Added Part XIV A). 
  • Facilitated the proclamation of national emergency in a part of the territory of India. 
  • Extended the one-time duration of the President’s rule in a state from 6 months to one year. 
  • Empowered the Centre to deploy its armed forces in any state to deal with a grave situation of law and order. 
  • Shifted five subjects from the state list to the concurrent list, viz, education, forests, protection of wild animals and birds, weights and measures and administration of justice, constitution and organisation of all courts except the Supreme Court and the high courts. 
  • Did away with the requirement of quorum in the Parliament and the state legislatures. 
  • Made the constitutional amendments beyond judicial scrutiny. 
  • Curtailed the power of judicial review and writ jurisdiction of the Supreme Court and high courts. 
  • Raised the tenure of Lok Sabha and state legislative assemblies from 5 to 6 years. 
  • Provided that the laws made for the implementation of Directive Principles cannot be declared invalid by the courts on the ground of violation of some Fundamental Rights. 
  • Empowered the Parliament to make laws to deal with anti-national activities and such laws are to take precedence over Fundamental Rights. 
  • Added three new Directive Principles viz., equal justice and free legal aid, the participation of workers in the management of industries and protection of the environment, forests, and wildlife. 
  • Empowered the Parliament to decide from time to time the rights and privileges of its members and committees. 
  • Provided for the creation of the All-India Judicial Service. 
  • Shortened the procedure for disciplinary action by taking away the right of a civil servant to make representation at the second stage after the inquiry (i.e., on the penalty proposed). 

3. Consider the following statements:

1. Anticipatory Bail is issued only by the Sessions Court and High Court
2. Regular Bail is a direction given by the Court to release a person who is already under arrest and kept in police custody

Which of the above statements is/are correct?

A. 1 only

B. 2 only

C. Both 1 and 2

D. Neither 1 nor 2

Answer: C

Explanation

Statement 1 is correct: Anticipatory Bail is issued only by the Sessions Court and High Court.

Statement 2 is correct: Regular Bail is a direction given by the Court to release a person who is already under arrest and kept in police custody.

• Bail is the conditional/provisional release of a person held under legal custody (in matters which are yet to be pronounced by the Court), by undertaking a promise to appear in the Court as and when required. 
• It signifies a security/collateral deposited before the Court for release.
• The term “bail” is not defined in India’s Criminal Procedure Code, 1973 (CrPC).
• Section 2(a) only defines the terms “Bailable Offence” and “Non-Bailable Offence”.

Types of Bail in India

Regular Bail 

• It is a direction given by the Court (any Court within the country) to release a person who is already under arrest and kept in police custody.
• For such Bail, a person can file an application under Section 437 and 439 of the CrPC.

Interim Bail 

• Bail granted for a temporary and short period by the Court till the application seeking Anticipatory Bail or Regular Bail is pending before a Court.

Anticipatory Bail

• A direction issued to release a person on Bail even before the person is arrested.
• In this situation, there is apprehension of arrest and the person is not arrested before the Bail is granted.
• For such Bail, a person can file an application under Sec. 438 of the Code of Criminal Procedure (CrPC).
• It is issued only by the Sessions Court and High Court.

4. Which of the following statutory provisions makes mediation a compulsory prerequisite to filing a suit in court?

1. Industrial Disputes Act, 1947
2. Companies Act, 2013
3. Micro, Small and Medium Enterprises
4. Development Act, 2006
5. Hindu Marriage Act, 1955
6. Special Marriage Act, 1954

Select the correct code:

A. 1 and 2 only

B. 3, 4 and 5 only

C. 3 only

D. 1, 2, 3, 4 and 5

Answer: D

Explanation

What are the Legal Provisions Related to Mediation?

• Mediation in India is primarily governed by two legislative acts viz. the CPC 1908 and the Arbitration and Conciliation Act, 1996 (ACA).
• There are many other statutory provisions that make mediation a compulsory prerequisite to filing a suit in court. Some of these statutes are:
  • Industrial Disputes Act, 1947
  • Companies Act, 2013
  • Micro, Small and Medium
  • Enterprises Development Act, 2006
  • Hindu Marriage Act, 1955
  • Special Marriage Act, 1954
  • Real Estate (Regulation and
  • Development) Act, 2016
  • Commercial Courts Act, 2015
  • Consumer Protection Act, 2019

5. Consider the following statements with reference to the Press Council of India:

1. The Press Council of India jurisdiction is only limited to print media.
2. The Press Council of India is to preserve the freedom of the press and to maintain and improve the standards of the press in India.
3. The Chairman of the commission is nominated by a committee consisting of the President, Leader of Opposition in Lok Sabha and Lok Sabha Speaker.

Which of the statements given above is/are correct?

A. 1 and 3 only

B. 1 and 2 only

C. 1 and 3 only

D. 1, 2 and 3

Answer: B

Explanation

Statement 1 is correct: The Press Council of India is a statutory body created by the Press Council Act of 1978. It is the apex body for the regulation of the Press in India. It enjoys independence from the government. It acts as the regulator that defines and discharges professional standards for the print media in India. 

Statement 2 is correct: It is considered the most important body that sustains democracy and ensures freedom of speech. The objective of the Press Council of India is to preserve the freedom of the press and of maintaining and improving the standards of the press in India. It arbitrates the complaints against and by the press for violation of ethics for violation of the freedom of the press respectively. 

Statement 3 is not correct: The Council shall consist of a Chairman and twenty-eight other members. The Chairman shall be a person nominated by a committee consisting of the Chairman of the Council of States (Rajya Sabha), the Speaker of the House of the People (Lok Sabha), and a person elected by the members of the Press Council. 

 

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