[DAY 38] 60 DAY RAPID REVISION (RaRe) SERIES for UPSC Prelims 2022 – POLITY, CURRENT AFFAIRS & CSAT; Test Series, Videos & Notes!

Solution (d)

Basic Info:

National Emergency:

Under Article 352, the President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion.

The 44^th  Amendment Act of 1978 substituted the words ‘armed rebellion’ for ‘internal  disturbance’. It is no longer possible to declare a National Emergency on the ground of ‘internal disturbance’ as was done in 1975 by the Congress government headed by Indira Gandhi.

The President can also issue different proclamations on grounds of war, external aggression, armed rebellion, or imminent danger thereof, whether or not there is a proclamation already issued by him and such proclamation is in operation. This provision was added by the 38th Amendment Act of 1975.

A proclamation of national emergency may be applicable to the entire country or only a part of it. The 42nd Amendment Act of 1976 enabled the president to limit the operation of a National Emergency to a specified part of India.

The President, however, can proclaim a national emergency only after receiving a written recommendation from the cabinet. This means that the emergency can be declared only on the concurrence of the cabinet and not merely on the advice of the prime minister.

The 38th Amendment Act of 1975 made the declaration of a National Emergency immune from the judicial review. But, this provision was subsequently deleted by the 44th Amendment Act of 1978.

In the Minerva Mills case, (1980), the Supreme Court held that the proclamation of a national emergency can be challenged in a court on the ground of malafide or that the declaration was based on wholly extraneous and irrelevant facts or is absurd or perverse.

Solution (d)

Basic Info:

The proclamation of Emergency must be approved by both the Houses of Parliament within one month from the date of its issue. This provision was added by the 44th Amendment Act of 1978.

If approved by both the Houses of Parliament, the emergency continues for six months, and can be extended to an indefinite period with an approval of the Parliament for every six months. This provision for periodical parliamentary approval was also added by the 44th Amendment Act of 1978.

Before that, the emergency, once approved by the Parliament, could remain in operation as long as the Executive (cabinet) desired.

Every resolution approving the proclamation of emergency or its continuance must be passed by either House of Parliament by a special majority. This special majority provision was introduced by the 44^th  Amendment Act of 1978.

Solution (c)

Basic Info:

A proclamation of emergency may be revoked by the President at any time by a subsequent proclamation. Such a proclamation does not require the parliamentary approval.

A resolution of disapproval is different from a resolution approving the continuation of a proclamation in the following aspects:

• A resolution of disapproval is required to be passed by the Lok Sabha only with a simple majority.
• A resolution approving the continuation of a proclamation needs to be passed by the both Houses of Parliament by a special majority.

Solution (b)

Basic Info:

During a national emergency, the Parliament becomes empowered to make laws on any subject mentioned in the State List.

The laws made by Parliament on the state subjects during a National Emergency become inoperative six months after the emergency has ceased to operate.

While a proclamation of national emergency is in operation, the President can issue ordinances on the state subjects also, if the Parliament is not in session.

Article 358 deals with the suspension of the Fundamental Rights guaranteed by Article 19,
while Article 359 deals with the suspension of other Fundamental Rights (except those guaranteed by Articles 20 and 21).

According to Article 358, when a proclamation of national emergency is made, the six
Fundamental Rights under Article 19 are automatically suspended. On the other hand, Article 359 does not automatically suspend any Fundamental Right. It only empowers the president to suspend the enforcement of the specified Fundamental Rights.

Article 358 extends to the entire country whereas Article 359 may extend to the entire country or a part of it.

Solution (a)

Basic Info:

A proclamation imposing President’s Rule must be approved by both the Houses of Parliament within two months from the date of its issue.

If approved by both the Houses of Parliament, the President’s Rule continues for six months. It can be extended for a maximum period of three years with the approval of the Parliament, every six months.

Every resolution approving the proclamation of President’s Rule or its continuation can be passed by either House of Parliament only by a simple majority, that is, a majority of the members of that House present and voting.

UT of Jammu and Kashmir has been under President’s Rule since 2019. It was imposed under section 73 of Jammu and Kashmir Reorganisation Act, 2019 as Article 356 does not apply to Union Territories.

Solution (d)

Basic Info:

Imposition of President’s Rule in a state would be proper in the following situations:
1. Where after general elections to the assembly, no party secures a majority, that is, ‘Hung Assembly’.
2. Where the party having a majority in the assembly declines to form a ministry and the governor cannot find a coalition ministry commanding a majority in the assembly.
3. Where a ministry resigns after its defeat in the assembly and no other party is willing or able to form a ministry commanding a majority in the assembly.
4. Where a constitutional direction of the Central government is disregarded by the state government.
5. Internal subversion where, for example, a government is deliberately acting against the Constitution and the law or is fomenting a violent revolt.
6. Physical breakdown where the government wilfully refuses to discharge its constitutional obligations endangering the security of the state.

The imposition of President’s Rule in a state would be improper under the following situations:
1. Where a ministry resigns or is dismissed on losing majority support in the assembly and the governor recommends imposition of President’s Rule without probing the possibility of forming an alternative ministry.
2. Where the governor makes his own assessment of the support of a ministry in the assembly and recommends imposition of President’s Rule without allowing the ministry to prove its majority on the floor of the Assembly.
3. Where the ruling party enjoying majority support in the assembly has suffered a massive defeat in the general elections to the Lok Sabha such as in 1977 and 1980.
4. Internal disturbances not amounting to internal subversion or physical breakdown.
5. Maladministration in the state or allegations of corruption against the ministry or stringent financial exigencies of the state.
6. Where the state government is not given prior warning to rectify itself except in case of extreme urgency leading to disastrous consequences.
7. Where the power is used to sort out intra-party problems of the ruling party, or for a purpose extraneous or irrelevant to the one for which it has been conferred by the Constitution.

Solution (b)

Basic Info:

 Financial Emergency:

Article 360 empowers the president to proclaim a Financial Emergency if he is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened.

According to 44^th Amendment Act of 1978 the satisfaction of the president is not beyond judicial review.

There is no maximum period prescribed for its operation.

Repeated parliamentary approval is not required for its continuation. A resolution approving the proclamation of financial emergency can be passed by either House of Parliament only by a simple majority,

A proclamation of Financial Emergency may be revoked by the president at anytime by a subsequent proclamation. Such a proclamation does not require the parliamentary approval.

No Financial Emergency has been declared so far, though there was a financial crisis in 1991.

Solution (b)

Basic Info:

The Supreme Court has declared the power of judicial review as a basic feature of the Constitution or an element of the basic structure of the Constitution. Hence, the power of judicial review cannot be curtailed or excluded even by a constitutional amendment.

The Supreme Court in 2018 justified the passage of the Aadhaar Bill as a money bill in Parliament, but noted that the decision of the Speaker to classify a bill as money bill is amenable to judicial review, thus opening the gates for scrutiny of the Speaker’s decision.

Decision of the Presiding Officer to disqualify a member under the 10th schedule
of the constitution (Anti-defection law) is subject to judicial review. The law initially stated that the decision of the Presiding Officer is not subject to judicial review. This condition was struck down by the Supreme Court in 1992, thereby allowing appeals against the Presiding Officer’s decision in the High Court and Supreme Court. However, it held that there may not be any judicial intervention until the Presiding Officer gives his order.

The Supreme Court in 2006 had held that the powers of the President or the Governor under Articles 72 and 161 respectively (relating to the pardoning powers), are subject to judicial review.

Article 31B along with the Ninth Schedule was added by the 1st Constitutional Amendment Act of 1951.However, in a significant judgement delivered in I.R. Coelho case (2007), the Supreme Court ruled that there could not be any blanket immunity from judicial review of laws included in the Ninth Schedule.

Solution (c)

Basic Info:

NALSA has been constituted under the Legal Services Authorities Act, 1987, to provide free legal services to weaker sections of society.

The aim is to ensure that opportunities for securing justice are not denied to any citizen by reasons of economic or other disabilities. ‘Nyaya Deep’ is the official newsletter of NALSA.

Legal Services Authorities, established under the National Legal Services Authority (NALSA) discharge the following main functions on regular basis:

• To provide free and competent legal services to the eligible persons.
• To organize Lok Adalats for amicable settlement of disputes.
• To organize legal awareness camps in the rural areas
• Promote settlements of disputes through Alternative Dispute Resolution (ADR) Mechanisms. Various kinds of ADR mechanisms are Arbitration, Conciliation, Judicial settlement including settlement through Lok Adalat, or Mediation.
• Provide compensation to victims of crime

Solution (d)

Basic Info:

Original jurisdiction means the power of a high court to hear disputes in the first instance, not by way of appeal. It extends to the following:

(a) Matters of admirality, will, marriage, divorce, company laws and contempt of
court.

(b) Disputes relating to the election of members of Parliament and state legislatures.

(c) Regarding revenue matter or an act ordered or done in revenue collection.

(d) Enforcement of fundamental rights of citizens.

(e) Cases ordered to be transferred from a subordinate court involving the interpretation of the Constitution to its own file.

(f) The four high courts (i.e.,Calcutta, Bombay, Madras and Delhi High Courts) have original civil jurisdiction in cases of higher value

Solution (c)

Basic Info:

Enlargement of the jurisdiction of the Supreme Court under Article 138:

Parliament may enlarge the jurisdiction and power of Supreme Court. The Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer.

Its jurisdiction and power with respect to other matters can be enlarged by special agreement between union and states.

State legislature and President does not have any powers in the Enlargement of the jurisdiction of the Supreme Court.

Solution (b)

Basic Info:

The writ jurisdiction of the Supreme Court differs from that of a High Court in three respects:

1. The Supreme Court can issue writs only for the enforcement of Fundamental Rights whereas a High Court can issue writs not only for the enforcement of Fundamental Rights but also for any other purpose. The expression ‘for any other purpose’ refers to the enforcement of an ordinary legal right. Thus, the writ jurisdiction of the Supreme Court, in this respect, is narrower than that of High Court.
2. The Supreme Court can issue writs against a person or government throughout the territory of India whereas a high court can issue writs against a person residing or against a government or authority located within its territorial jurisdiction only or outside its territorial jurisdiction
   only if the cause of action arises within its territorial jurisdiction. Thus, the territorial jurisdiction of the Supreme Court for the purpose of issuing writs is wider than that of a
   high court.

iii. A remedy under Article 32 is in itself a Fundamental Right and hence, the Supreme Court may not refuse to exercise its writ jurisdiction. On the other hand, a remedy under Article 226 is discretionary and hence, a high court may refuse to exercise its writ jurisdiction.

Solution (b)

Basic Info:

Removal of Judges of Supreme Court
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 of removal (and not the resolution) must be supported by a special majority of each House of Parliament (i.e.,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).

The grounds of removal are two—proved misbehavior 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 can be initiated in either house of the Parliament.
• 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 three member committee to investigate into the charges.

Solution (d)

Basic Info:

Ad hoc Judge
When there is a lack of quorum of the permanent judges to hold or continue any session of the Supreme Court, the Chief Justice of India can appoint a judge of a High Court as an ad hoc judge of the Supreme Court for a temporary period.

He can do so only after consultation with the Chief Justice of the High Court concerned and with the previous consent of the President.

The judge so appointed should be qualified for appointment as a judge of the Supreme Court.

It is the duty of the judge so appointed to attend the sittings of the Supreme Court, in priority to other duties of his office. While so attending, he enjoys all the jurisdiction, powers and privileges (and discharges the duties) of a judge of the Supreme Court.

Solution (c)

Basic Info:

The Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of the Supreme Court:

1. Mode of Appointment: The judges of the Supreme Court are appointed by the President (which means the cabinet) in consultation with the members of the judiciary itself (ie, judges of the Supreme Court and the high courts). 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.
2. Security of Tenure: The judges of the Supreme Court are provided with the Security of Tenure. They can be removed from office by the President only in the manner and on the grounds mentioned in the Constitution. This means that they do not hold their office during the pleasure of the President, though they are appointed by him.
3. Expenses Charged on Consolidated Fund: 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).
4. Conduct of Judges cannot be Discussed: The Constitution prohibits any discussion in Parliament or in a State Legislature with respect to the conduct of the judges of the Supreme Court in the discharge of their duties, except when an impeachment motion is under consideration of the Parliament.
5. Power to Punish for its Contempt: The Supreme Court can punish any person for its contempt. Thus, its actions and decisions cannot be criticized and opposed by any body. This power is vested in the Supreme Court to maintain its authority, dignity and honour.

Solution (a)

Basic Info:

The concept of “Public Interest Litigation” has been borrowed from the American Jurisprudence.

It is the power given to the public by courts through Judicial activism. It can be filed only in the Supreme Court or the High Court.

The concept of PIL is suited to the Principles enshrined in Article 39 A of the Constitution of India to protect and deliver prompt Social Justice with the help of Law.

Areas where PIL can be filed: Pollution, Terrorism, Road safety, Constructional hazards etc.

The Supreme Court has issued a set of PIL guidelines according to which the following matters will not be allowed as PILs:

• Landlord-tenant matters
• Service matters
• Matters pertaining to pension and gratuity
• Complaints against Central and State government departments and Local Bodies except those relating to items 1 to 10 mentioned in the list of guidelines
• Admission to medical and other educational institutions
• Petitions for early hearing of cases pending in High Court or subordinate courts

Solution (c)

Basic Info:

E-Courts Project: It was conceptualized with a vision to transform the Indian Judiciary by ICT (Information and Communication Technology) enablement of Courts.

It is a pan-India Project, monitored and funded by the Department of Justice, Ministry of Law and Justice, for the District Courts across the country.

Objectives of the Project:

• To provide efficient & time-bound citizen-centric services delivery.
• To develop, install & implement decision support systems in courts.
• To automate the processes to provide transparency and accessibility of information to its stakeholders.
• To enhance judicial productivity, both qualitatively & quantitatively, to make the justice delivery system affordable, accessible, cost-effective, predictable, reliable and transparent.

Solution (a)

Basic Info:

As a Court of Record, the Supreme Court and High Courts have two powers:

(a) The judgements, proceedings and acts of the Supreme Court are recorded for perpetual
memory and testimony. These records are admitted to be of evidentiary value and cannot
be questioned when produced before any court. They are recognised as legal precedents
and legal references.

(b) It has power to punish for contempt of court, either with simple imprisonment for a term
up to six months or with fine up to `2,000 or with both.

In 1991, the Supreme Court has ruled that it has power to punish for contempt not only of itself but also of high courts, subordinate courts and tribunals functioning in the entire country.

Contempt of court may be civil or criminal. Civil contempt means wilful disobedience to any
judgement, order, writ or other process of a court or wilful breach of an undertaking given
to a court.

Solution (c)

Basic Info:

The Chief Justice and Judges of the High Courts are to be appointed by the President under clause (1) of Article 217 of the Constitution

Solution (b)

Basic Info:

The District courts are subordinate courts that work under the authority of the High
court and Supreme Court.

Immediate control is exerted by the HC, and final control by the SC. The High Courts are responsible for appointment, postings, transfers and general administration of the district courts.

The District courts are free from interference by the State or central executive.

Solution (b)

Statement Analysis:

 Context – The places were in news due to Russia-Ukraine war.

Solution (a)

Statement Analysis:

 Context – Election Commission of India restored the limit on star campaigners.

Solution (c)

Context – Union Budget was announced for 2022-23.

Solution (b)

Statement Analysis:

 Context – Russian banks were removed from SWIFT network

Solution (d)

Statement Analysis:

 Context – Green Hydrogen policy was notified recently

Solution (a)

The average weight of nine boys = 66 kg

The total weight of nine boys = 66 * 9 = 594 kg

The total weight of first five boys = 62 * 5 = 310 kg

Similarly, the weight of last five boys = 70 * 5 = 350 kg

The difference between the total weight of nine boys and that of the sum of the weight of the  first five and last five boys will give us the fifth person’s weight ( Since the weight of the fifth person is counted twice )

=  ((62*5)) + ((70*5)) – 594

= ( 660 ) – 594

= 66 kg

Solution (c)

Mean score of 9 innings = 58 runs.

Total score of 9 innings = (58 x 9) runs = 522 runs.

Required mean score of 10 innings = 63 runs.

Required total score of 10 innings = (63 x 10) runs = 630 runs.

Number of runs to be scored in the 10th innings = (total score of 10 innings) – (total score of 9 innings) = (630 -522) = 108.

Hence, the number of runs to be scored in the 10th innings = 108.

Solution (b) 

Calculated average height of 36 boys = 180 cm.

Incorrect sum of the heights of 36 boys = (180 × 36)cm = 6480 cm.

Correct sum of the heights of 36 boys = (incorrect sum) – (wrongly copied item) + (actual item) = (6480 – 135 + 171) cm = 6516 cm.

Correct mean = correct sum/number of boys = (6516/36) cm = 181 cm.

Solution (d)

As men and women are equal so, there are 6 women and 6 men

So, total consumption will be 76×6 = 456(by men) and 54×6 = 324(by women)

Total consumption = 780

But after including Neetu the average consumption for 13 people is given to be 70.

So the total consumption will be 70×13 = 910. So, Neetu’s consumption will be = 910 –780 = 130

Solution (b)

Refer to, “Nationalism, when it becomes successful sometimes goes on spreading in an aggressive way and becomes a danger internationally. Whatever line of thought you follow, you arrive at the conclusion that some kind of balance must be found…..”

Hence, option b is the correct answer.