Doubt Clearance Thread: UPSC 2021
"When in doubt, observe and ask questions. When certain, observe at length and ask many more questions."
Created this thread as a one stop solution for all members so that all the doubts wherein any conceptual clarification is required can be solved here.
noticed a common theme in upsc questions= if a statement mentions half/partial truth, then it is generally considered to be true
1.1946 constituent assembly was elected by provincial bodies.( though CA had also members nominated by princely states, the given statement itself is not negated, therefore should be marked correct)
eg.2
1.The Santhal rebellion was organized both against the British colonial authority and zamindari system
( though their revolt was against the dikus who in general were all outsiders ,including the above, this in itself does not make the statement incorrect).
@kraantikaari see this comment
kraantikaari,
MarcusAsaid
#notice2
Odd one out is true= eg
With reference to Mian Tansen, which one of the following statements is not correct?
(a) Tansen was the title given to him by Emperor Akbar
(b) Tansen composed Dhrupads on Hindu gods and goddesses.
(c) Tansen composed songs on his patrons.
(d) Tansen invented many Ragasonly odd statement is A . other deal with songs and ragas
28. Which one of the following National Parks lies completely in the temperate alpine zone?
(a) Manas National Park
(b) Namdapha National Park
(c) Neora Valley National Park
(d) Valley of Flowers National Parkbarring valley of flowers all other are in east/northeast
I think we should create separate thread.
MarcusAsaid
#notice2
Odd one out is true= eg
With reference to Mian Tansen, which one of the following statements is not correct?
(a) Tansen was the title given to him by Emperor Akbar
(b) Tansen composed Dhrupads on Hindu gods and goddesses.
(c) Tansen composed songs on his patrons.
(d) Tansen invented many Ragasonly odd statement is A . other deal with songs and ragas
28. Which one of the following National Parks lies completely in the temperate alpine zone?
(a) Manas National Park
(b) Namdapha National Park
(c) Neora Valley National Park
(d) Valley of Flowers National Parkbarring valley of flowers all other are in east/northeast
I think we should create separate thread.
yes, something like mcq elimination- tips and tricks. It would help in making a repository of all such tips at one place.
MarcusAsaid
#notice2
Odd one out is true= eg
With reference to Mian Tansen, which one of the following statements is not correct?
(a) Tansen was the title given to him by Emperor Akbar
(b) Tansen composed Dhrupads on Hindu gods and goddesses.
(c) Tansen composed songs on his patrons.
(d) Tansen invented many Ragasonly odd statement is A . other deal with songs and ragas
28. Which one of the following National Parks lies completely in the temperate alpine zone?
(a) Manas National Park
(b) Namdapha National Park
(c) Neora Valley National Park
(d) Valley of Flowers National Parkbarring valley of flowers all other are in east/northeast
I think we should create separate thread.
yes, something like mcq elimination- tips and tricks. It would help in making a repository of all such tips at one place.
I think we can use
this https://forumias.com/post/detail/Prelims-2019-PYQ-elimination-techniques-1583573397
chamomile,
can someone clarify on this question. When the vote of account is used by the regular govt, the interim budget is used by the interim govt or the caretaker govt? Is budget presented by the caretaker govt is called interim budget?
What is the difference between “vote-on-account” and “interim budget”?
1. The provision of a “vote-on-account” is used by a regular Government, while an “interim budget” is a provision used by a caretaker Government.
2. A “vote-on-account” only deals with the expenditure in Government’s budget, while an “interim budget” includes both expenditure and receipts.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer would be B
Both Vote on account and interim budget can be passed by a regular or caretaker government.
tribunals also have power of contempt of court?
Generally, no. Contempt powers vest in Courts of Record. By Courts of record, I mean courts where the proceedings are recorded forever. In India, it means the Supreme Court and High Court. On behalf of tribunals/District courts within their jurisdiction, a High Court can generally exercise contempt powers. However, a tribunal does not generally have contempt powers unless the statute establishing it expressly provides for it.
GaryVee,
Generally, no. Contempt powers vest in Courts of Record. By Courts of record, I mean courts where the proceedings are recorded forever. In India, it means the Supreme Court and High Court. On behalf of tribunals/District courts within their jurisdiction, a High Court can generally exercise contempt powers. However, a tribunal does not generally have contempt powers unless the statute establishing it expressly provides for it.
SC has answered this question in 2000. Tribunals have powers of contempt.
The same has been mentioned here.
http://mca.gov.in/SearchableActs/Section425.htm
https://timesofindia.indiatimes.com/Tribunals-have-power-to-punish-rules-SC/articleshow/13047982.cms
SC has answered this question in 2000. Tribunals have powers of contempt.
The same has been mentioned here.
http://mca.gov.in/SearchableActs/Section425.htm
https://timesofindia.indiatimes.com/Tribunals-have-power-to-punish-rules-SC/articleshow/13047982.cms
My comment was with respect to the general rule. This judgement you have mentioned did not lay down a general rule. Statutes establishing tribunals may specifically provide for contempt. Or power to punish for contempt may be inferred from surrounding circumstances.
In this case you have mentioned, section 17 of the Administrative Tribunals Act expressly provided for powers to punish for contempt. This power to punish for contempt of tribunals may be expressly stated in the statute establishing the tribunal or may be inferred by the HC/SC by referring to the statute in totality. In such cases, a tribunal would have power to punish for contempt. For the general rule, please see section 10 of Contempt of Courts Act.
Also, tribunals can mean a lot of things. Even an arbitral tribunal is a tribunal. The tribunal often has to appeal to a superior court of record so that such court would initiate contempt proceedings.
https://www.vantageasia.com/violation-tribunals-orders-can-lead-contempt-proceedings/
If UPSC asks this, I think they would be even more clear with the question.
Generally, no. Contempt powers vest in Courts of Record. By Courts of record, I mean courts where the proceedings are recorded forever. In India, it means the Supreme Court and High Court. On behalf of tribunals/District courts within their jurisdiction, a High Court can generally exercise contempt powers. However, a tribunal does not generally have contempt powers unless the statute establishing it expressly provides for it.
SC has answered this question in 2000. Tribunals have powers of contempt.
The same has been mentioned here.
http://mca.gov.in/SearchableActs/Section425.htm
https://timesofindia.indiatimes.com/Tribunals-have-power-to-punish-rules-SC/articleshow/13047982.cms
This judgement did not lay down a general rule. Statutes establishing tribunals may specifically provide for contempt. Or power to punish for contempt may be inferred from surrounding circumstances.
In this case you have mentioned, section 17 of the Administrative Tribunals Act expressly provided for powers to punish for contempt. This power to punish for contempt of tribunals may be expressly stated in the statute establishing the tribunal or may be inferred by the HC/SC by referring to the statute in totality. For the general rule, please see section 10 of Contempt of Courts Act.
Also, tribunals can mean a lot of things. Even an arbitral tribunal is a tribunal. The tribunal often has to appeal to a superior court of record so that such court would initiate contempt proceedings.
https://www.vantageasia.com/violation-tribunals-orders-can-lead-contempt-proceedings/
Breaking it down, in order to have any power at all, the Court/Tribunal must derive it from something that establishes such Court/Tribunal. This is why the District Court cannot hear an inter-State water dispute for example. Or why a Debt Recovery Tribunal cannot hear an insolvency proceeding.
Coming specifically to contempt, the Supreme Court and HCs have power to punish for contempt because the document establishing these Courts provides for such power. (A.129, 215, and in addition, Contempt of Courts Act) Similarly, a tribunal does not have such powerunless it derives such power from something that establishes it.If a tribunal exercises contempt power when no such power exists, such exercise of power would be wrong in law.
Inherent jurisdiction to punish for contempt vests in Courts of Record. In India, SC and HCs are courts of Record.(Similar to King's Court in England). Tribunals/subordinate courts etc. are not courts of record and therefore, they do not have theinherent power to punish for contempt. By inherent, I mean, merely by reason of its existence. If the legitimate source of power (Parliament) vests such subordinate court with power to punish for contempt without reference to the High Court or supreme Court, it would have power to punish for contempt. Otherwise, under Section 10 of Contempt of Courts Act, the High Court would have power to punish for contempt of a subordinate court.
which department is mandated to identify the PSU for disinvestment? is it DIPAM or NITI Aayog?
MarcusA,@Casablanca NITI snt a dept so can advise on evey othr issue.
Yes@Agog , but here in the article niti is given specifically the work to identify the PSUs for disinvestment.
However the article also says - the identification is now jointly by DIPAM and NITI.
https://economictimes.indiatimes.com/news/economy/policy/cabinet-approves-new-strategic-disinvestment-process/articleshow/71445908.cms#:~:text=While%20presently%20PSUs%20for%20strategic,for%20strategic%20disinvestment%2C%20they%20said.
My confusion is, for a question like the one below, what should be the answer -
Q.22) Which of the following has been mandated to identify PSUs for strategic disinvestment
a) Department of Investment and Public Asset Management (DIPAM)
b) NITI Aayog
c) Cabinet Committee on Economic Affairs
d) Union Ministry of Commerce
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