UPSC Prelims Practice Questions — SC notice to journalist, Sena (UBT) leader for remarks against CJI
Q1. With reference to the classification of contempt under the Contempt of Courts Act, 1971, consider the following statements: Which of the statements given above is/are correct?
- An official who fails to carry out a court's order because of a bona fide misreading of that order necessarily commits civil contempt.
- A publication that tends to prejudice a pending trial falls under criminal contempt, not civil contempt.
- An act that interferes with the administration of justice can be criminal contempt even though no order of the court has been disobeyed.
- A. 1 and 2 only
- B. 1, 2 and 3
- C. 3 only
- D. 2 and 3 only
Q2. Consider the following statements: Which of the following is correct in respect of the above statements?
- Public remarks alleged to lower the authority of the Chief Justice of India are proceeded against as criminal contempt rather than civil contempt.
- Under the Contempt of Courts Act, 1971, criminal contempt is confined to acts committed within the precincts of a court while it is hearing a case.
- A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
- B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
- C. Statement-I is correct, but Statement-II is incorrect
- D. Statement-I is incorrect, but Statement-II is correct
Q3. With reference to the constitutional basis of the power to punish for contempt in India, consider the following statements: Which of the statements given above is/are correct?
- Because Article 215 empowers a High Court to punish for contempt 'of itself', a High Court cannot use that provision to punish contempt of the Supreme Court.
- The Constituent Assembly chose to state the Supreme Court's contempt power expressly instead of leaving it to be implied from the court's status as a court of record.
- The Supreme Court's contempt power is conferred by the Constitution, whereas the High Courts' contempt power rests solely on the Contempt of Courts Act, 1971.
- A. 1 and 2 only
- B. 1 only
- C. 1, 2 and 3
- D. 2 and 3 only
Q4. With reference to taking cognisance of contempt by the Supreme Court under Section 15 of the Contempt of Courts Act, 1971, consider the following statements: Which of the statements given above is/are correct?
- A criminal contempt motion moved before the Supreme Court by the Solicitor-General does not additionally require the Attorney-General's written consent.
- The written consent of the law officer is also a precondition when an aggrieved litigant complains that a court order in his favour has been wilfully disobeyed.
- Once the law officer grants consent, the Court is bound to hold the respondent guilty of contempt.
- A. 1 and 3 only
- B. 1 and 2 only
- C. 1 only
- D. 2 and 3 only
Q5. Consider the following statements: Which of the following is correct in respect of the above statements?
- A statutory provision punishing publications that scandalise a court can be sustained against a challenge under Article 19(1)(a).
- Article 19(2) names contempt of court among the grounds on which the State may impose reasonable restrictions on the freedom of speech and expression.
- A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
- B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
- C. Statement-I is correct, but Statement-II is incorrect
- D. Statement-I is incorrect, but Statement-II is correct
Q6. With reference to 'contempt of court' as a ground of restriction in Article 19(2) of the Constitution of India, consider the following statements: Which of the statements given above is/are correct?
- The ground was adopted by the Constituent Assembly itself and was not added later by a constitutional amendment.
- Article 19(2) protects an existing law relating to contempt of court as well as a law made after the Constitution came into force.
- A restriction imposed on this ground must be reasonable, so its reasonableness can be tested by the courts.
- A. 1 only
- B. 1, 2 and 3
- C. 2 and 3 only
- D. 1 and 3 only
Q7. With reference to the immunity under Article 105 of the Constitution of India, consider the following statements: Which of the statements given above are correct?
- A Rajya Sabha member cannot be proceeded against in any court for a speech made in a committee of the House.
- Remarks made by a Rajya Sabha member at a press conference outside Parliament are immune from court proceedings because the privilege attaches to the member's office.
- The immunity for speech in a House also extends to the Attorney-General when he speaks in that House.
- No court proceedings lie against any person for publishing a report or proceedings of a House under the authority of that House.
- A. 1, 2, 3 and 4
- B. 2, 3 and 4 only
- C. 1, 3 and 4 only
- D. 1 and 2 only