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The correct answer is 2 only.
Key Points
Anti-defection law:-
The Tenth Schedule contains the following provisions with respect to the disqualification of members of Parliament and the state legislatures on the ground of defection.
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. This means that he may join any political party within six months of taking his seat in the House without inviting this disqualification. Hence statement 1 is incorrect.
Any question regarding disqualification arising out of defection is
to be decided by the presiding officer of the House.
According to the law, the Presiding Officers have no time limit in which to deliberate on a plea for disqualification. The courts can also only intervene after the officer has made a decision, therefore the petitioner's only choice is to wait until the officer has reached a decision.
Hence statement 2 is correct
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Anti-defection law : consider options
1. Nominated legislator can't join any political party within 6 months of being appointed to the House. 2. The law doesn't provide any time frame within which the presiding officer has to decide a defection case.
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Notes:
The correct answer is Both 1 and 2
Key Points
Power to review its judgment
Article 137 of the Constitution of India, 1950, provides that subject to provisions of any law and rules made under Article 145, the Supreme Court has the power to review any judgment pronounced or order made by it.
According to Article 128 of the Indian Constitution, the chief justice of India may at any time request a retired judge of the Supreme Court or a retired judge of a high court (who is duly qualified for appointment as a judge of the Supreme Court) 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. Hence, Statement 1 is correct.
As a Court of Record, High Court can review its judgments under Article 226 Of the Constitution. As per Article 215, every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.
Being a Court of Record, the High Court can review its own judgments under Article 226 of the Constitution of India.
Under Article 137, the Supreme Court shall have the power to review any judgment pronounced or order made by it. Hence, statement 2 is incorrect.
The Kerala High Court has iterated the legal proposition that High Courts as Courts of Record could review their orders.
A Division Bench of Chief Justice S Manikumar and Shaji P Chaly were confronted with an appeal against a review petition.
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Correct or Not
1. Any retired judge of the SC of India can be called back to sit and act as a SC judge by the CJI with the prior permission of the President of India. 2. A HC in India has the power to review its judgment as the SC does.
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Notes:
The correct answer is Option A.
In News
PIB News: Under the visionary leadership of Prime Minister Shri Narendra Modi and decisiveguidance of Union Home Minister Shri Amit Shah, a decision was taken to review and revise colonial-era outdated Prison Act in tune with contemporary modern day needs and correctional ideology.
Key PointsPrison
As per the provisions of Constitution of India, ‘prisons’/ ‘persons detained therein’ is a 'State' subject.
The management and administration of Prisons falls exclusively in the domain of the State Governments, and is governed by the Prisons Act, 1894 and the Prison Manuals of the respective State Governments.
The responsibility of prison management and prisoners administration solely vests with State Governments who alone are competent to make appropriate legislative provisions in this regard.
Thus, States have the primary role, responsibility, and authority to change the current prison laws, rules, and regulations. Hence statement A is correct.
However, given the critical role that efficient prison management plays in the criminal justice system, the Government of India attaches high degree of importance to supporting the States/UTs in this regard.
Recently, ‘The Prisons Act, 1894’, ‘The Prisoners Act, 1900’ and ‘The Transfer of Prisoners Act, 1950’ have been reviewed by the Ministry of Home Affairs and relevant provisions of these Acts have been assimilated in the ‘Model Prisons Act, 2023.’
State Governments and Union Territory Administrations can benefit from the Model Prisons Act, 2023 by adopting it in their jurisdictions, with such modifications which they may consider necessary, and repeal the existing three Acts in their jurisdictions.
Prisons Act, 1894
The first legislation that governed the management and administration of prisons in India was the Prisons Act, of 1894.
It defined a “prison” as “any jail or place used permanently or temporarily under the general or special orders of a State Government for the detention of prisoners”, excluding police custody and subsidiary jails. Hence statement B is correct.
Further, it demarcated prisoners into three different categories according to the nature of their crimes, such as “criminal prisoner”, “convicted criminal prisoner” and “civil prisoner
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A) Prisons are managed by State Govts with their own rules and regulations for the day-to-day administration of prisons.
B) Prisons are governed by the Prisons Act, 1894 which expressly kept the subject of prisons in the control of Provincial Govts.
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Notes:
The correct answer is:
Fair application of the law.
Key PointsUnderstanding the meaning of Due process of law
Due process refers to just, rational, fair, and fair treatment under the regular judicial process.
For instance, the accused must be given the chance to present their own defense before being sentenced.
The definition of due process of law stipulates that a person cannot be deprived of their life, liberty, or property without following the right legal processes and protections.
Therefore, due process upholds a person’s constitutional rights, which is a legal necessity. Due process safeguards a person’s rights and regulates the power of the law.
Dicey’s perspective on due process of law
The English Constitution is characterized by Dicey’s rule of law, which holds that no person can be punished or legally forced to suffer in body or property unless there has been a specific legal violation that has been proven in a proper legal manner before a proper court of law.
In other words, every form of government predicated on the use of broad, arbitrary, or discretionary powers of restraint by those in positions of authority is opposed to the rule of law.
Dicey’s rule of law is nothing more than the proper administration of a statute that resulted from the common law’s prevailing usages.
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. In essence, what does ‘Due Process of Law' mean?
(a) The principle of natural justice (b) The procedure established by law (c) Fair application of law (d) Equality before law
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Notes: Related to above question:
Statement 1 is correct: The Jhelum, an important tributary of the Indus, rises from a spring at Verinag situated at the foot of the Pir Panjal in the south-eastern part of the valley of Kashmir. It flows through Srinagar and the Wular lake before entering Pakistan through a deep narrow gorge. It joins the Chenab near Jhang in Pakistan.
Statement 2 is incorrect: The Kolleru lake serves as a natural flood-balancing reservoir for two rivers. The lake is fed directly by water from the seasonal Budameru and Tammileru streams. It is connected to the Krishna (but not directly feeds) and Godavari systems by over 68 inflowing drains and channels.
Statement 3 is correct: Once a haven for migratory birds, the Kanwar lake in Bihar, Asia’s largest freshwater oxbow lake, is today a dying wetland ecosystem. It is a residual oxbow lake, formed due to meandering of Gandak river, a tributary of Ganga.
Source:
11th NCERT – India: Physical Environment , chapter: drainage system, Page no. 25
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Q. Consider the following statements:
1. Jhelum River passes through Wular Lake.
2. Krishna River directly feeds Kolleru Lake. 3. Meadering of Gandak River formed Kanwar Lake.. How many of the statements given above are correct?
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🎲 Quiz 'Consider the following statements :'
1. Jhelum River passes through Wular Lake. 2. Krishna River directly feeds Kolleru Lake. 3. Meandering of Gandak River formed Kanwar Lake. How many of the statements· given above are correct?
🖊 1 question · ⏱ 5 min
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Consider the following statements :
1. Jhelum River passes through
Wular Lake. 2. Krishna River directly feeds Kolleru Lake. 3. Meandering of Gandak River formed Kanwar Lake. How many of the statements· given above are correct?
