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प्रश्न
Which authority in India notified the guidelines for the protection of persons assisting accident victims on Indian roads based on the Supreme Court's direction?
विकल्प
Ministry of Surface Transport, Govt. of India
Ministry of Social Justice, Govt. of India
Ministry of Road Transport and Highways, Govt. of India
National Human Rights Commission
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उत्तर
Ministry of Road Transport and Highways, Govt. of India
Explanation:
(1)
The Ministry of Surface Transport was a branch of the Government of India. It was the apex body for the formulation and administration of the rules, regulations, and laws relating to surface transport in India
(2)
The Ministry of Social Justice and Empowerment is a Government of India ministry. It is responsible for welfare, social justice, and empowerment of disadvantaged and marginalised sections of society, including scheduled castes (SC), Other Backward Classes(OBC), the disabled, the elderly, and the victims of drug abuse. The Ministry of Tribal Affairs is responsible for the welfare of scheduled tribes (ST).
(3)
The Ministry of Road Transport and Highways: Sadka Parivahana Va Rajamarga Mantralya), is a ministry of the Government of India, is the apex body for formulation and administration of the rules, regulations, and laws relating to road transport, and transport research, in order to increase the mobility and efficiency of the road transport system in India
(4)
The NHRC is the National Human Rights Commission of India, responsible for the protection and promotion of human rights, defined by the Act as "rights relating to life, liberty, equality, and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants". Hence option 'Ministry of Road Transport and Highways, Govt. of India' is the most appropriate statement.
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संबंधित प्रश्न
Direction : The passage given below is followed by a set of question. Choose the most appropriate answer to each question.
It is very difficult to trace the origin of judicial activism in India. Since the judiciary has come to be recognized as an independent and separate organ of the Government under the Constitution of India, it would be prudent to scan the period subsequent to 1950 for tracing the origin. However, there are a few instances even prior to that period, where certain selected judges of High Courts established under the Indian High Courts Act, 1861 exhibited certain flashes of judicial activism. Way back in 1893, Justice Mahmood of the Allahabad High Court delivered a dissenting judgment which sowed the seed for judicial activism in India. In that case which dealt with an undertrial who could not afford to engage a lawyer, Justice Mahmood held that the pre-condition of the case being heard would be fulfilled only when somebody speaks.
At the outset, it has to be stated that there is no precise definition of judicial activism accepted by one and all. However, there is a widely accepted notion that it is related to problems and processes of political development of a country. In other words, judicial activism deals with the political role played by the judiciary, like the other two branches of the State, the legislature and the executive. An eminent Indian jurist defines judicial activism in the following words: Judicial Activism is that way of exercising judicial power which seeks fundamental recodification of power relations among the dominant institutions of State, manned by members of the ruling classes.
The same authority goes on to add that judicial activism is the use of judicial power to articulate and enforce counter-ideologies which when effective initiates significant re-codifications of power relations within the institutions of governance. An analysis of the above attempt by Upendra Baxi to define judicial activism shows that activism of the judiciary pertains to the political role played by it, like the other two political branches. The justification for judicial activism comes from the near collapse of responsible government and the pressures on the judiciary to step in aid which forced the judiciary to respond and to make political or policy-making judgments.
Judicial Activism and judicial restraint are the terms used to describe the assertiveness of judicial power. The user of these terms presumes to locate the relative assertiveness of particular courts or individual judges between two theoretical extremes. The extreme model of judicial activism is of a court so intrusive and ubiquitous that it virtually dominates the institutions of government. The Encyclopedia of the American Constitution states that the uses of judicial restraint are not entirely uniform. Often the terms are employed non-committally i.e., merely as descriptive shorthand to identify some court or judges as more activist or more restrained than others. In this sense, the usage is neither commendatory nor condemnatory.
These expressions viz., judicial activism and judicial restraint are used from the angle of the personal or professional view of the right role of the Court. Accordingly, the courts may be condemned or commended for straying from or for conforming to that right role. In U.S.A., in more than two centuries of judicial review, superintended by more than one hundred justices who have served on the Supreme Court and who have interpreted a constitution highly ambiguous, in much of its text, consistency has not been institutional but personal. Individual judges have maintained strongly diverse notions of the proper or right judicial role.
Indicate which of the statements given is consistent with the evolution of judicial activism?
Direction: The passage given below is followed by a set of question. Choose the most appropriate answer to each question.
It is very difficult to trace the origin of judicial activism in India. Since the judiciary has come to be recognized as an independent and separate organ of the Government under the Constitution of India, it would be prudent to scan the period subsequent to 1950 for tracing the origin. However, there are a few instances even prior to that period, where certain selected judges of High Courts established under the Indian High Courts Act, 1861 exhibited certain flashes of judicial activism. Way back in 1893, Justice Mahmood of the Allahabad High Court delivered a dissenting judgment that sowed the seed for judicial activism in India. In that case which dealt with an under trial who could not afford to engage a lawyer, Justice Mahmood held that the pre-condition of the case being heard would be fulfilled only when somebody speaks.
At the outset, it has to be stated that there is no precise definition of judicial activism accepted by one and all. However, there is a widely accepted notion that it is related to problems and processes of political development of a country. In other words, judicial activism deals with the political role played by the judiciary, like the other two branches of the State, the legislature and the executive. An eminent Indian jurist defines judicial activism in the following words: Judicial Activism is that way of exercising judicial power which seeks fundamental recodification of power relations among the dominant institutions of State, manned by members of the ruling classes.
The same authority goes on to add that judicial activism is the use of judicial power to articulate and enforce counter-ideologies which when effective initiates significant re-codifications of power relations within the institutions of governance. An analysis of the above attempt by Upendra Baxi to define judicial activism shows that activism of the judiciary pertains to the political role played by it, like the other two political branches. The justification for judicial activism comes from the near collapse of responsible government and the pressures on the judiciary to step in aid which forced the judiciary to respond and to make political or policy-making judgments.
Judicial Activism and judicial restraint are the terms used to describe the assertiveness of judicial power. The user of these terms presumes to locate the relative assertiveness of particular courts or individual judges between two theoretical extremes. The extreme model of judicial activism is of a court so intrusive and ubiquitous that it virtually dominates the institutions of government. The Encyclopedia of the American Constitution states that the uses of judicial restraint are not entirely uniform. Often the terms are employed non-committally i.e., merely as descriptive short hand to identify some court or judges as more activist or more restrained than others. In this sense, the usage is neither commendatory nor condemnatory.
These expressions viz., judicial activism and judicial restraint are used from the angle of the personal or professional view of the right role of the Court. Accordingly, the courts may be condemned or commended for straying from or for conforming to that right role. In the U.S.A., in more than two centuries of judicial review, superintended by more than one hundred justices who have served on the Supreme Court and who have interpreted a constitution highly ambiguous, in much of its text, consistency has not been institutional but personal. Individual judges have maintained strongly diverse notions of the proper or right judicial role.
Which of the following serves as a valid justification for the initiation of judicial activism?
The writ by which a High Court or the Supreme Court can secure the body of a person who has been imprisoned to be brought before it is
The number of writs that can be prayed for and issued by the Supreme Court and/or a High Court is
Legal Principle: In the law of evidence, a person missing for long and not heard of, for over seven years is presumed to have died.
Facts: A, B, and C are children of F and M. At the age of 20, A went out in search of a job and was not contacting the family. All attempts to trace A by the family failed. Eight years after the death of the parents, B and C entered into a partition and took an equal share in the property of F and M. One year after this, A returned home with his wife and two children and claimed his share in the property.
Whether A’s claim is legally sustainable?
Mark the best option:
What cases were MC Mehta vs. Union of India dealing with?
Given below is the statement of Legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
LEGAL PRINCIPLE: A suit shall be instituted in the court within whose jurisdiction the cause of action arises, or the defendant actually and voluntarily resides or carries on business, or personally works for gain.
FACTUAL SITUATION: 'Y' carries on business in Mumbai. 'Z' carries on business in Delhi. 'Z' buys goods of 'Y' in Mumbai through his agent and request Y to deliver them at Delhi. Accordingly, 'Y' delivered the goods at Delhi. But he did not get the price of the goods delivered in Delhi. Therefore, he intends to move the Civil Court for recovery of the amount from 'Z'. Which court may approach?
DECISION:
Who is the first Indian woman to be elected as the Judge of the International Tribunal for the Law of Sea?
Which State Government, in India, has recently sanctioned stipend for junior lawyers practicing in the courts?
In 2017, the Supreme Court held that right to privacy is protected under Article 21 of the Constitution of India in the context of ______________.
