Q.1) The limitations placed by the state must be necessary and proportionate to the goal that the State seeks to achieve. Analyze the above statement in the context of internet ban in the region of J & K. (15 marks - 250 words)
Why this question? - Since last one year, people in Jammu and Kashmir (J&K) region have not had access to 4G Internet.
Intro - One can start with the concept of limited state and link it with the criticism that the govt is facing on account of its internet ban in the state of J&K.
- Importance of the internet especially during pandemic.
- Highlight the reasons for internet ban and why it has become a controversy.
- The SC’s take on the issue and shortcomings in the SC rulings.
Way ahead - The impact on basic rights of citizens must be taken into account. This will ensure that the people of J & K will not become subjects to be ruled over, but citizens who possess rights against the State.
Conclusion - Summarize based on the above discussion.
Q.2) What is the appropriate remedy if two or more parties claim to form a government in a state in between the term of legislative assembly? 10 marks (150 words)
Why this question:
The recent alleged act of defection in Rajasthan Assembly has raised alarm bells for courts to recalibrate the use of floor test to prove majority in legislature.
Can begin by giving current instances of Madhya Pradesh or Rajasthan Assembly case.
Multiple claims in between the tenure:
- The ruling party MLAs defect and join the opposition which gives latter the confidence to claim the formation of government.
- First check whether the defection was valid or liable for disqualification ( 2/3rd members leaving is valid) under the 10th Schedule.
- Then a Composite Floor test must be held in which the ruling party should be given an opportunity to survive the trust vote.
- If the ruling party fails to survive the trust vote, then opposition should be given a floor test for government formation.
- If opposition proves the majority, then a new CM is appointed with his council, else elections must be announced within a reasonable time if no party is able to prove the majority.
Even though opposition are able to form the government using legal procedures, however encouraging defections in wake of political gains goes against the spirit of constitutional morality.
Q.3) Explain the ambit of contempt of court power vested under the Supreme Court of India. Comment. 10 marks (150 words)
Why this question:
The Supreme Court, taking suo motu cognisance filed contempt of court case against public rights activist and lawyer Prashnat Bhushan.
The rising cases of contempt of court has brought into spotlight the extent of power the SC has to deal with such cases.
- Power flows from Constitution ( Article 129 , 142) and Contempt of court act 1971
- It has the power to punish for contempt not only of itself but also of high courts, subordinate courts and tribunals functioning in the entire country.
- It has power to punish both civil as well as criminal contempt.
- It can also take suo motu cognisance.
- Restriction on Power - Fair Criticism, Truth said bonafidely in public interest
Power must be exercised keeping in mind the extent of freedom of speech and expression an individual enjoys under Article 19.
Q.4) Do you agree that Abolition of Triple Talaq by the parliament has ensured gender equality and inclusive development. Discuss. (15 M, 250 Words)
Why this question?
- One year has passed since the law against Triple Talaq was passed and there is a decline of about 82 per cent in Triple Talaq cases thereafter. If any such case was reported, the law has taken action, the government said.
Introduction to the answer:
- Briefly describe info Triple Talaq:
- Under the Muslim law, Triple Talaq means liberty from the relationship of marriage, eventually or immediately, where the man, by simply uttering the word ‘talaq’ three times, ends his marriage. This instant divorce is called Triple Talaq, also known as ‘talaq-e-biddat’.
- The Muslim Personal Law (Shariat) Application Act of 1937 had legalised and allowed the practice of Triple Talaq which gave a Muslim husband special privileges over his wife.
- Supreme Court decision on Triple Talaq
- Key provisions of Muslim Women (Protection of Rights on Marriage) Act, 2019
- Discuss the significance and performance of the Act.
- Conclude that Muslim women have significantly been benefitted from these abolition of Triple Talaq and they have become an equal partner of mainstream development.