Day-516 | Daily MCQs | UPSC Prelims | POLITY

Answer: C
Explanation:
● Option C is correct. The Estimates Committee cannot question the policies laid down by the Parliament. In general, the Committees don’t have such power to question the policy. Although they can give suggestions for alternative policies or recommend on how to improve policies.
● All other options A, B & D are incorrect. As a healthy convention its chairperson is from the RULING party. For the Public Accounts Committee (PAC), as a healthy convention its chairperson is from the opposition party.
● The Estimates Committee scrutinizes the budget estimates throughout the year and also only when the demands of grants have been voted.
● A minister CANNOT be elected as a member of the Committee. In general, ministers cannot become members of the Committees as they are part of the executive.

Answer: C
Explanation:
Option C is correct. The natural justice is premised on the fairness principle or justice as fairness.
Natural justice on the other hand is an expression of English common law, and involves a procedural requirement of fairness. The principles of natural justice have great significance in the study of administrative law. It is also known as substantial justice or fundamental justice or Universal justice or fair play in action.
The principles of natural justice are not embodied rules and are not codified. They are judge-made rules and are regarded as counterparts of the American procedural due process.
This principle is based on the following rules:
i. Fairness in decision
ii. No one should be a judge in his/her own case
iii. Everyone should he heard adequately
The above three principles promote, “Justice should not only be done, but manifestly and undoubtedly be seen to be done”.
The above rules make it clear that the judiciary must be free from bias and should deliver pure and impartial justice. Judges must act judicially and decide the case without considering anything other than the principles of evidence.
Option A: Equality is more associated with the concept of the Rule of Law.
Option B & D: Conflict of interest and merit serve more as means/basis to take fair decisions. Conflict of interest should be avoided as one should not become a judge in one’s own case. Merit/objectivity should work as the basis for the decision. Hence, both promote fairness which becomes the main principle.

Answer: D
Explanation:
Option D is incorrect.
● The central government does play the role of providing need-based grants or funds as it did in the past. In 2015, The Family Court Scheme was launched as a Centrally Sponsored Scheme for infrastructure facilities for Subordinate Judiciary. The Family Court Scheme under which Rs.2269.43 lakh was given to States as requested for the same, has been discontinued from 2016-17 as this is the responsibility of the State concerned.
All other options are correct.
● Family Courts are part of ADR mechanisms and hence, they have power of civil court and are not supposed to follow the Civil Procedure Code, rather natural justice.
About family courts
● The Family Courts Act, 1984 provides for establishment of Family Courts by the State Governments in consultation with the High Courts with a view to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs.
● Under Section 3 (1)(a) of the Family Courts Act, it is mandatory for the State Government to set up a Family Court for every area in the State comprising a city or a town whose population exceeds one million. In other areas of the States, the Family Courts may be set up if the State Governments deems it necessary.
● The main objectives and reasons for setting up of Family Courts are: To create a Specialized Court which will exclusively deal with family matters so that such a court may have the necessary expertise to deal with these cases expeditiously.
● The 14th Finance Commission had recommended setting up 235 Family Courts during 2015-2020 in districts where the same were not available. The Commission also urged State Governments to utilize enhanced fiscal space available through tax devolution (32% to 42%) for this purpose.
● 763 Family Courts are functional across the country (December 2022).

Answer: C
Explanation:
All other options A, B & D are correct. The option C is incorrect. It is due to following factors:
The Constitution (One Hundred and First Amendment) Act 2016 that ushers in a GST regime in India, gives some role to the President like:
● He/she constitutes the GST Council.
● He/she can take some measures related to the implementation of GST if there are difficulties in the process.
Section 20 of the GST law deals with the power of the President to remove difficulties. If any difficulty arises in giving effect to the provisions of the Constitution as amended by this Act the President may, by order, make such provisions, including any adaptation or modification of any provision of the Constitution as amended by this Act or law, as appear to the President to be necessary or expedient for the purpose of removing the difficulty.
Option A: As per Article 246A, Parliament and state legislatures have the concurrent power to make laws with respect to GST.
Option B: The GST Council is supposed to function in a harmonised manner to reach a workable fiscal model through cooperation and collaboration. The GST Council is supposed to take decisions on the basis of consensus and if consensus is not reached then it can take decisions by a three-fourth majority.
Option D: The GST Council shall establish a mechanism to adjudicate any dispute related to its decisions between Union and States as per Section 12 of the law. So far it has not set up any such mechanism. There is a provision for the constitution of a tribunal for dispute resolution.
The Supreme Court in Union of India versus M/s Mohit Minerals case stated that the decisions of GST Council were not binding on the states which has given rise to a debate on review of the 101st AA 2016.

Answer: D
Explanation:
Option D is correct. All other options A, B & C are incorrect. The details about the office of the Attorney General of India are as follows:
Article 76
● The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine.
● The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India.
● It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President.
● The Attorney-General is not debarred from private practice. Can have private practice with the consent of the government.
Contempt cases and Attorney-General
Types of contempt of courts: There are two types of contempt of courts- Civil and Criminal
Section 2(b) provides for Civil contempt and Section 2(c) provides for Criminal contempt.
The bare act definition of them are-
“Civil contempt” means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court.
“Criminal contempt” means the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which—
a. scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court; or
b. prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or
c. interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.
THE PROCESS
As per the Rule 3 of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, in case of contempt other than the contempt referred to in Rule 2, the Court may take action:
1. Suo motu; or
2. On a petition made by Attorney General, or Solicitor General; or
3. On a petition made by a person, and in the case of a criminal contempt with the consent in writing of the Attorney General or the Solicitor General.
A bare reading of Rule 3 helps us understand that there are 3 ways for initiating contempt proceedings. The first is suo motu, the second is the petition made by the Attorney General or the Solicitor General, and the third is on the basis of a petition made by any person and where criminal contempt is involved then the consent of the Attorney General or the Solicitor General is necessary.