UPSC Prelims 1997·GS1·polity-and-governance·judiciary

Assertion (A): Willful disobedience or non-compliance of Court Orders and use of derogatory language about judicial behaviour amounts of Contempt of Court. 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?

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  1. ABoth A and R are true and R is the correct explanation of A
  2. BBoth A and Rare true, but Ris not a correct explanation of ACorrect
  3. CA is true, but R is false
  4. DA is false, but R is true

Explanation

The correct answer is B because both statements are individually true, but the Reason does not explain the Assertion. Assertion A is true as per the Contempt of Courts Act 1971. Willful disobedience of court orders is defined as Civil Contempt, while using derogatory language that lowers the authority of the court is defined as Criminal Contempt. Reason R is also true because the power to punish for contempt is essential for the judiciary to maintain its authority and ensure its orders are implemented, which is a prerequisite for judicial activism to be effective. However, B is the correct option because the definition of what constitutes contempt in Assertion A is based on legal statutes and constitutional provisions, not specifically because of the need for judicial activism. The two statements discuss different aspects of judicial power that are not in a direct cause and effect relationship.
polity-and-governance: Assertion (A): Willful disobedience or non-compliance of Court Orders and use of derogatory language about judicial beha

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