GS PrelimsPolityJudiciary Powers1997

Consider the following statements: 1. Assertion (A): Willful disobedience or non-compliance of Court Orders and use of derogatory language about judicial behaviour amounts of Contempt of Court. 2. Reason (R): Judicial activism cannot be practised without arming the judiciary with punitive powers to punish contemptuous behaviour. In the context of the above two statements, which one of the following is correct?

A

Both A and R are true and R is the correct explanation of A

B

Both A and Rare true, but Ris not a correct explanation of A

C

A is true, but R is false

D

A is false, but R is true

Correct Answer: Option B

Explanation

1. Statement A asserts that willful disobedience or non-compliance of Court Orders and the use of derogatory language about judicial behaviour constitute Contempt of Court. This aligns with the definition of civil and criminal contempt. So, A is true. 2. Statement R claims that Judicial activism cannot be practised without arming the judiciary with punitive powers to punish contemptuous behaviour. Contempt powers are fundamental for upholding judicial authority and ensuring compliance, irrespective of the degree of judicial activism. While activism might lead to more situations where these powers are tested, the powers themselves are not solely predicated on or exclusive to activism. Hence, the necessity ('cannot be practised without') is an overstatement. Thus, R is considered false.

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