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Directions: Study the following information carefully and answer the questions given beside.
The controversial Jan Vishwas Act, 2022 which was recently enacted into law by Parliament, has been touted by the government as a landmark piece of legislation aimed at improving “ease of doing business” in India by either decriminalizing or making “compoundable” offenses across 42 legislations. The fine print which has received little media attention is that while the legislation has mostly replaced criminal imprisonment with penalties, it has transferred the power to impose these monetary penalties from the judiciary to the bureaucracy. For example, the Jan Vishwas Act amends the Environmental (Protection) Act, 1986 and the Air (Prevention and Control of Pollution) Act, 1981 to replace imprisonment as a punishment for certain offenses with penalties of up to ₹15 lakhs that can be imposed by designated bureaucrats (Joint Secretaries). Under amendments to the Indian Forest Act, 1927 forest officers have the power not just to conduct an inquiry to determine the “damage done to the forest” by anybody but also order the offender to pay a hitherto uncapped “compensation” for said damage.
Given the regularity with which India Inc. complains about tax terrorism, there is surprisingly no opposition to giving the bureaucracy the power to be both prosecutor and judge while imposing penalties and ordering the payment of compensation. The larger question is whether giving the bureaucracy, rather than the courts, the power to not just adjudicate a factual dispute but also penalize or order compensation, goes against the constitutional scheme of separation of powers.
Although the Constitution does not mandate a separation of powers between the judiciary and the executive, Article 50 directs the state to achieve it in due time. Such a separation was not achieved until several years after the Constitution came into effect because the criminal magistracy was part of the executive at Independence. It took till approximately 1970, for several State legislatures to effect the separation of power at the level of the criminal magistracy through laws such as The West Bengal Separation of Judicial and Executive Functions Act, 1970 which separated the roles of the judicial and executive magistrates in the Criminal Procedure Code, 1898. The saga of protecting judicial independence from the roving eye of the bureaucracy did not end with the separation of the criminal magistracy from the executive.
Q. What is the primary focus of the Jan Vishwas Act, 2022, as described in the passage?
  • a)
    To enhance judicial authority in handling criminal offenses
  • b)
    To replace penalties with criminal imprisonment for certain offenses
  • c)
    To transfer the power to impose penalties from the judiciary to the bureaucracy
  • d)
    To encourage media attention on legislative changes
Correct answer is option 'C'. Can you explain this answer?
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Directions: Study the following information carefully and answer the q...
The passage discusses the Jan Vishwas Act, 2022, and its primary objective. According to the passage, the Jan Vishwas Act aims to improve the "ease of doing business" in India by changing the way certain offenses are handled. Instead of criminal imprisonment, this legislation introduces monetary penalties. However, a crucial aspect of this change is that it transfers the authority to impose these monetary penalties from the judiciary (courts) to the bureaucracy (designated bureaucrats, specifically Joint Secretaries). This shift of power from the judiciary to the bureaucracy is the central focus of the Jan Vishwas Act, as described in the passage.
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Directions: Study the following information carefully and answer the questions given beside.The controversial Jan Vishwas Act, 2022 which was recently enacted into law by Parliament, has been touted by the government as a landmark piece of legislation aimed at improving “ease of doing business” in India by either decriminalizing or making “compoundable” offenses across 42 legislations. The fine print which has received little media attention is that while the legislation has mostly replaced criminal imprisonment with penalties, it has transferred the power to impose these monetary penalties from the judiciary to the bureaucracy. For example, the Jan Vishwas Act amends the Environmental (Protection) Act, 1986 and the Air (Prevention and Control of Pollution) Act, 1981 to replace imprisonment as a punishment for certain offenses with penalties of up to 15 lakhs that can be imposed by designated bureaucrats (Joint Secretaries). Under amendments to the Indian Forest Act, 1927 forest officers have the power not just to conduct an inquiry to determine the “damage done to the forest” by anybody but also order the offender to pay a hitherto uncapped “compensation” for said damage.Given the regularity with which India Inc. complains about tax terrorism, there is surprisingly no opposition to giving the bureaucracy the power to be both prosecutor and judge while imposing penalties and ordering the payment of compensation. The larger question is whether giving the bureaucracy, rather than the courts, the power to not just adjudicate a factual dispute but also penalize or order compensation, goes against the constitutional scheme of separation of powers.Although the Constitution does not mandate a separation of powers between the judiciary and the executive, Article 50 directs the state to achieve it in due time. Such a separation was not achieved until several years after the Constitution came into effect because the criminal magistracy was part of the executive at Independence. It took till approximately 1970, for several State legislatures to effect the separation of power at the level of the criminal magistracy through laws such as The West Bengal Separation of Judicial and Executive Functions Act, 1970 which separated the roles of the judicial and executive magistrates in the Criminal Procedure Code, 1898. The saga of protecting judicial independence from the roving eye of the bureaucracy did not end with the separation of the criminal magistracy from the executive.Q.Which of the following statements can be derived from the passage?

Directions: Study the following information carefully and answer the questions given beside.The controversial Jan Vishwas Act, 2022 which was recently enacted into law by Parliament, has been touted by the government as a landmark piece of legislation aimed at improving “ease of doing business” in India by either decriminalizing or making “compoundable” offenses across 42 legislations. The fine print which has received little media attention is that while the legislation has mostly replaced criminal imprisonment with penalties, it has transferred the power to impose these monetary penalties from the judiciary to the bureaucracy. For example, the Jan Vishwas Act amends the Environmental (Protection) Act, 1986 and the Air (Prevention and Control of Pollution) Act, 1981 to replace imprisonment as a punishment for certain offenses with penalties of up to 15 lakhs that can be imposed by designated bureaucrats (Joint Secretaries). Under amendments to the Indian Forest Act, 1927 forest officers have the power not just to conduct an inquiry to determine the “damage done to the forest” by anybody but also order the offender to pay a hitherto uncapped “compensation” for said damage.Given the regularity with which India Inc. complains about tax terrorism, there is surprisingly no opposition to giving the bureaucracy the power to be both prosecutor and judge while imposing penalties and ordering the payment of compensation. The larger question is whether giving the bureaucracy, rather than the courts, the power to not just adjudicate a factual dispute but also penalize or order compensation, goes against the constitutional scheme of separation of powers.Although the Constitution does not mandate a separation of powers between the judiciary and the executive, Article 50 directs the state to achieve it in due time. Such a separation was not achieved until several years after the Constitution came into effect because the criminal magistracy was part of the executive at Independence. It took till approximately 1970, for several State legislatures to effect the separation of power at the level of the criminal magistracy through laws such as The West Bengal Separation of Judicial and Executive Functions Act, 1970 which separated the roles of the judicial and executive magistrates in the Criminal Procedure Code, 1898. The saga of protecting judicial independence from the roving eye of the bureaucracy did not end with the separation of the criminal magistracy from the executive.Q.What constitutional principle is raised as a concern in the passage regarding the Jan Vishwas Act, 2022?

Directions: Study the following information carefully and answer the questions given beside.The controversial Jan Vishwas Act, 2022 which was recently enacted into law by Parliament, has been touted by the government as a landmark piece of legislation aimed at improving “ease of doing business” in India by either decriminalizing or making “compoundable” offenses across 42 legislations. The fine print which has received little media attention is that while the legislation has mostly replaced criminal imprisonment with penalties, it has transferred the power to impose these monetary penalties from the judiciary to the bureaucracy. For example, the Jan Vishwas Act amends the Environmental (Protection) Act, 1986 and the Air (Prevention and Control of Pollution) Act, 1981 to replace imprisonment as a punishment for certain offenses with penalties of up to 15 lakhs that can be imposed by designated bureaucrats (Joint Secretaries). Under amendments to the Indian Forest Act, 1927 forest officers have the power not just to conduct an inquiry to determine the “damage done to the forest” by anybody but also order the offender to pay a hitherto uncapped “compensation” for said damage.Given the regularity with which India Inc. complains about tax terrorism, there is surprisingly no opposition to giving the bureaucracy the power to be both prosecutor and judge while imposing penalties and ordering the payment of compensation. The larger question is whether giving the bureaucracy, rather than the courts, the power to not just adjudicate a factual dispute but also penalize or order compensation, goes against the constitutional scheme of separation of powers.Although the Constitution does not mandate a separation of powers between the judiciary and the executive, Article 50 directs the state to achieve it in due time. Such a separation was not achieved until several years after the Constitution came into effect because the criminal magistracy was part of the executive at Independence. It took till approximately 1970, for several State legislatures to effect the separation of power at the level of the criminal magistracy through laws such as The West Bengal Separation of Judicial and Executive Functions Act, 1970 which separated the roles of the judicial and executive magistrates in the Criminal Procedure Code, 1898. The saga of protecting judicial independence from the roving eye of the bureaucracy did not end with the separation of the criminal magistracy from the executive.Q.Which of the following best captures the key takeaway from the passage?

Directions: Study the following information carefully and answer the questions given beside.The controversial Jan Vishwas Act, 2022 which was recently enacted into law by Parliament, has been touted by the government as a landmark piece of legislation aimed at improving “ease of doing business” in India by either decriminalizing or making “compoundable” offenses across 42 legislations. The fine print which has received little media attention is that while the legislation has mostly replaced criminal imprisonment with penalties, it has transferred the power to impose these monetary penalties from the judiciary to the bureaucracy. For example, the Jan Vishwas Act amends the Environmental (Protection) Act, 1986 and the Air (Prevention and Control of Pollution) Act, 1981 to replace imprisonment as a punishment for certain offenses with penalties of up to 15 lakhs that can be imposed by designated bureaucrats (Joint Secretaries). Under amendments to the Indian Forest Act, 1927 forest officers have the power not just to conduct an inquiry to determine the “damage done to the forest” by anybody but also order the offender to pay a hitherto uncapped “compensation” for said damage.Given the regularity with which India Inc. complains about tax terrorism, there is surprisingly no opposition to giving the bureaucracy the power to be both prosecutor and judge while imposing penalties and ordering the payment of compensation. The larger question is whether giving the bureaucracy, rather than the courts, the power to not just adjudicate a factual dispute but also penalize or order compensation, goes against the constitutional scheme of separation of powers.Although the Constitution does not mandate a separation of powers between the judiciary and the executive, Article 50 directs the state to achieve it in due time. Such a separation was not achieved until several years after the Constitution came into effect because the criminal magistracy was part of the executive at Independence. It took till approximately 1970, for several State legislatures to effect the separation of power at the level of the criminal magistracy through laws such as The West Bengal Separation of Judicial and Executive Functions Act, 1970 which separated the roles of the judicial and executive magistrates in the Criminal Procedure Code, 1898. The saga of protecting judicial independence from the roving eye of the bureaucracy did not end with the separation of the criminal magistracy from the executive.Q.Which of the following statements weakens the case for the necessity of judicial and executive separation of powers, as stated in the passage?

Passage:The role of India’s judiciary in securing the enforcement of rights outside statute law but within the Constitutional mandate promoted public interest litigation (PIL) in the 1980s. PIL is a broad-based, people-orientated approach, which promotes access to justice through judge-made processes and remedies. PIL revolutionized the judicial procedure by introducing three procedural innovations: (i) expanded standing; (ii) non-adversarial procedure; and (iii) wider remedial action as a result of expanded frontiers of fundamental rights, particularly the right to life under Article 21 of the Constitution of India. Environmental PIL is a product of the Courts’ response to inaction by the state or the wrongful action of state agencies in performing their statutory duties, which has resulted in endangering or impairing the quality of life of people as guaranteed by Article 21 of the Constitution of India. The state is under a duty to enforce this Constitutional right by devising and implementing a coherent and coordinated programme for the well-being of the population. Failure on the part of the state prompted judges to issue brief interim directions entitled ‘continuing mandamus’. In this context, PIL is considered a ‘wheel of transformation’ providing access to justice, inter alia, to victims of environmental degradation. In the past two decades Courts have locked together human rights and the environment and entertained PIL petitions from various quarters seeking remedies, including the issuing of guidelines and directions in the absence of legislation. The proactive judiciary, acting as ‘amicus environment’, has produced a major shift in the environmental landscape of India and has also declared and promoted the principles ofsustainable development and the precautionary and the polluter pays principles as elements of fundamental law.The active engagement of the Indian judiciary in imparting environmental justice nonetheless raised concerns about the effectiveness of PIL. This was in relation to the rapidly increasing number of petitions, complex technical and scientific issues, unrealistic Court directions, and individual judicial preferences – often personality driven rather than reflecting collective institutionalized adjudication – as well as the issue of creeping jurisdiction. Although the Supreme Court created a procedure that allowed indigents and concerned citizens to access the Courts via PIL, it did not prove to be the much heralded ‘magic bullet’.Q.Which of the following is true?

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Directions: Study the following information carefully and answer the questions given beside.The controversial Jan Vishwas Act, 2022 which was recently enacted into law by Parliament, has been touted by the government as a landmark piece of legislation aimed at improving “ease of doing business” in India by either decriminalizing or making “compoundable” offenses across 42 legislations. The fine print which has received little media attention is that while the legislation has mostly replaced criminal imprisonment with penalties, it has transferred the power to impose these monetary penalties from the judiciary to the bureaucracy. For example, the Jan Vishwas Act amends the Environmental (Protection) Act, 1986 and the Air (Prevention and Control of Pollution) Act, 1981 to replace imprisonment as a punishment for certain offenses with penalties of up to 15 lakhs that can be imposed by designated bureaucrats (Joint Secretaries). Under amendments to the Indian Forest Act, 1927 forest officers have the power not just to conduct an inquiry to determine the “damage done to the forest” by anybody but also order the offender to pay a hitherto uncapped “compensation” for said damage.Given the regularity with which India Inc. complains about tax terrorism, there is surprisingly no opposition to giving the bureaucracy the power to be both prosecutor and judge while imposing penalties and ordering the payment of compensation. The larger question is whether giving the bureaucracy, rather than the courts, the power to not just adjudicate a factual dispute but also penalize or order compensation, goes against the constitutional scheme of separation of powers.Although the Constitution does not mandate a separation of powers between the judiciary and the executive, Article 50 directs the state to achieve it in due time. Such a separation was not achieved until several years after the Constitution came into effect because the criminal magistracy was part of the executive at Independence. It took till approximately 1970, for several State legislatures to effect the separation of power at the level of the criminal magistracy through laws such as The West Bengal Separation of Judicial and Executive Functions Act, 1970 which separated the roles of the judicial and executive magistrates in the Criminal Procedure Code, 1898. The saga of protecting judicial independence from the roving eye of the bureaucracy did not end with the separation of the criminal magistracy from the executive.Q.What is the primary focus of the Jan Vishwas Act, 2022, as described in the passage?a)To enhance judicial authority in handling criminal offensesb)To replace penalties with criminal imprisonment for certain offensesc)To transfer the power to impose penalties from the judiciary to the bureaucracyd)To encourage media attention on legislative changesCorrect answer is option 'C'. Can you explain this answer?
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Directions: Study the following information carefully and answer the questions given beside.The controversial Jan Vishwas Act, 2022 which was recently enacted into law by Parliament, has been touted by the government as a landmark piece of legislation aimed at improving “ease of doing business” in India by either decriminalizing or making “compoundable” offenses across 42 legislations. The fine print which has received little media attention is that while the legislation has mostly replaced criminal imprisonment with penalties, it has transferred the power to impose these monetary penalties from the judiciary to the bureaucracy. For example, the Jan Vishwas Act amends the Environmental (Protection) Act, 1986 and the Air (Prevention and Control of Pollution) Act, 1981 to replace imprisonment as a punishment for certain offenses with penalties of up to 15 lakhs that can be imposed by designated bureaucrats (Joint Secretaries). Under amendments to the Indian Forest Act, 1927 forest officers have the power not just to conduct an inquiry to determine the “damage done to the forest” by anybody but also order the offender to pay a hitherto uncapped “compensation” for said damage.Given the regularity with which India Inc. complains about tax terrorism, there is surprisingly no opposition to giving the bureaucracy the power to be both prosecutor and judge while imposing penalties and ordering the payment of compensation. The larger question is whether giving the bureaucracy, rather than the courts, the power to not just adjudicate a factual dispute but also penalize or order compensation, goes against the constitutional scheme of separation of powers.Although the Constitution does not mandate a separation of powers between the judiciary and the executive, Article 50 directs the state to achieve it in due time. Such a separation was not achieved until several years after the Constitution came into effect because the criminal magistracy was part of the executive at Independence. It took till approximately 1970, for several State legislatures to effect the separation of power at the level of the criminal magistracy through laws such as The West Bengal Separation of Judicial and Executive Functions Act, 1970 which separated the roles of the judicial and executive magistrates in the Criminal Procedure Code, 1898. The saga of protecting judicial independence from the roving eye of the bureaucracy did not end with the separation of the criminal magistracy from the executive.Q.What is the primary focus of the Jan Vishwas Act, 2022, as described in the passage?a)To enhance judicial authority in handling criminal offensesb)To replace penalties with criminal imprisonment for certain offensesc)To transfer the power to impose penalties from the judiciary to the bureaucracyd)To encourage media attention on legislative changesCorrect answer is option 'C'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: Study the following information carefully and answer the questions given beside.The controversial Jan Vishwas Act, 2022 which was recently enacted into law by Parliament, has been touted by the government as a landmark piece of legislation aimed at improving “ease of doing business” in India by either decriminalizing or making “compoundable” offenses across 42 legislations. The fine print which has received little media attention is that while the legislation has mostly replaced criminal imprisonment with penalties, it has transferred the power to impose these monetary penalties from the judiciary to the bureaucracy. For example, the Jan Vishwas Act amends the Environmental (Protection) Act, 1986 and the Air (Prevention and Control of Pollution) Act, 1981 to replace imprisonment as a punishment for certain offenses with penalties of up to 15 lakhs that can be imposed by designated bureaucrats (Joint Secretaries). Under amendments to the Indian Forest Act, 1927 forest officers have the power not just to conduct an inquiry to determine the “damage done to the forest” by anybody but also order the offender to pay a hitherto uncapped “compensation” for said damage.Given the regularity with which India Inc. complains about tax terrorism, there is surprisingly no opposition to giving the bureaucracy the power to be both prosecutor and judge while imposing penalties and ordering the payment of compensation. The larger question is whether giving the bureaucracy, rather than the courts, the power to not just adjudicate a factual dispute but also penalize or order compensation, goes against the constitutional scheme of separation of powers.Although the Constitution does not mandate a separation of powers between the judiciary and the executive, Article 50 directs the state to achieve it in due time. Such a separation was not achieved until several years after the Constitution came into effect because the criminal magistracy was part of the executive at Independence. It took till approximately 1970, for several State legislatures to effect the separation of power at the level of the criminal magistracy through laws such as The West Bengal Separation of Judicial and Executive Functions Act, 1970 which separated the roles of the judicial and executive magistrates in the Criminal Procedure Code, 1898. The saga of protecting judicial independence from the roving eye of the bureaucracy did not end with the separation of the criminal magistracy from the executive.Q.What is the primary focus of the Jan Vishwas Act, 2022, as described in the passage?a)To enhance judicial authority in handling criminal offensesb)To replace penalties with criminal imprisonment for certain offensesc)To transfer the power to impose penalties from the judiciary to the bureaucracyd)To encourage media attention on legislative changesCorrect answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Study the following information carefully and answer the questions given beside.The controversial Jan Vishwas Act, 2022 which was recently enacted into law by Parliament, has been touted by the government as a landmark piece of legislation aimed at improving “ease of doing business” in India by either decriminalizing or making “compoundable” offenses across 42 legislations. The fine print which has received little media attention is that while the legislation has mostly replaced criminal imprisonment with penalties, it has transferred the power to impose these monetary penalties from the judiciary to the bureaucracy. For example, the Jan Vishwas Act amends the Environmental (Protection) Act, 1986 and the Air (Prevention and Control of Pollution) Act, 1981 to replace imprisonment as a punishment for certain offenses with penalties of up to 15 lakhs that can be imposed by designated bureaucrats (Joint Secretaries). Under amendments to the Indian Forest Act, 1927 forest officers have the power not just to conduct an inquiry to determine the “damage done to the forest” by anybody but also order the offender to pay a hitherto uncapped “compensation” for said damage.Given the regularity with which India Inc. complains about tax terrorism, there is surprisingly no opposition to giving the bureaucracy the power to be both prosecutor and judge while imposing penalties and ordering the payment of compensation. The larger question is whether giving the bureaucracy, rather than the courts, the power to not just adjudicate a factual dispute but also penalize or order compensation, goes against the constitutional scheme of separation of powers.Although the Constitution does not mandate a separation of powers between the judiciary and the executive, Article 50 directs the state to achieve it in due time. Such a separation was not achieved until several years after the Constitution came into effect because the criminal magistracy was part of the executive at Independence. It took till approximately 1970, for several State legislatures to effect the separation of power at the level of the criminal magistracy through laws such as The West Bengal Separation of Judicial and Executive Functions Act, 1970 which separated the roles of the judicial and executive magistrates in the Criminal Procedure Code, 1898. The saga of protecting judicial independence from the roving eye of the bureaucracy did not end with the separation of the criminal magistracy from the executive.Q.What is the primary focus of the Jan Vishwas Act, 2022, as described in the passage?a)To enhance judicial authority in handling criminal offensesb)To replace penalties with criminal imprisonment for certain offensesc)To transfer the power to impose penalties from the judiciary to the bureaucracyd)To encourage media attention on legislative changesCorrect answer is option 'C'. Can you explain this answer?.
Solutions for Directions: Study the following information carefully and answer the questions given beside.The controversial Jan Vishwas Act, 2022 which was recently enacted into law by Parliament, has been touted by the government as a landmark piece of legislation aimed at improving “ease of doing business” in India by either decriminalizing or making “compoundable” offenses across 42 legislations. The fine print which has received little media attention is that while the legislation has mostly replaced criminal imprisonment with penalties, it has transferred the power to impose these monetary penalties from the judiciary to the bureaucracy. For example, the Jan Vishwas Act amends the Environmental (Protection) Act, 1986 and the Air (Prevention and Control of Pollution) Act, 1981 to replace imprisonment as a punishment for certain offenses with penalties of up to 15 lakhs that can be imposed by designated bureaucrats (Joint Secretaries). Under amendments to the Indian Forest Act, 1927 forest officers have the power not just to conduct an inquiry to determine the “damage done to the forest” by anybody but also order the offender to pay a hitherto uncapped “compensation” for said damage.Given the regularity with which India Inc. complains about tax terrorism, there is surprisingly no opposition to giving the bureaucracy the power to be both prosecutor and judge while imposing penalties and ordering the payment of compensation. The larger question is whether giving the bureaucracy, rather than the courts, the power to not just adjudicate a factual dispute but also penalize or order compensation, goes against the constitutional scheme of separation of powers.Although the Constitution does not mandate a separation of powers between the judiciary and the executive, Article 50 directs the state to achieve it in due time. Such a separation was not achieved until several years after the Constitution came into effect because the criminal magistracy was part of the executive at Independence. It took till approximately 1970, for several State legislatures to effect the separation of power at the level of the criminal magistracy through laws such as The West Bengal Separation of Judicial and Executive Functions Act, 1970 which separated the roles of the judicial and executive magistrates in the Criminal Procedure Code, 1898. The saga of protecting judicial independence from the roving eye of the bureaucracy did not end with the separation of the criminal magistracy from the executive.Q.What is the primary focus of the Jan Vishwas Act, 2022, as described in the passage?a)To enhance judicial authority in handling criminal offensesb)To replace penalties with criminal imprisonment for certain offensesc)To transfer the power to impose penalties from the judiciary to the bureaucracyd)To encourage media attention on legislative changesCorrect answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions: Study the following information carefully and answer the questions given beside.The controversial Jan Vishwas Act, 2022 which was recently enacted into law by Parliament, has been touted by the government as a landmark piece of legislation aimed at improving “ease of doing business” in India by either decriminalizing or making “compoundable” offenses across 42 legislations. The fine print which has received little media attention is that while the legislation has mostly replaced criminal imprisonment with penalties, it has transferred the power to impose these monetary penalties from the judiciary to the bureaucracy. For example, the Jan Vishwas Act amends the Environmental (Protection) Act, 1986 and the Air (Prevention and Control of Pollution) Act, 1981 to replace imprisonment as a punishment for certain offenses with penalties of up to 15 lakhs that can be imposed by designated bureaucrats (Joint Secretaries). Under amendments to the Indian Forest Act, 1927 forest officers have the power not just to conduct an inquiry to determine the “damage done to the forest” by anybody but also order the offender to pay a hitherto uncapped “compensation” for said damage.Given the regularity with which India Inc. complains about tax terrorism, there is surprisingly no opposition to giving the bureaucracy the power to be both prosecutor and judge while imposing penalties and ordering the payment of compensation. The larger question is whether giving the bureaucracy, rather than the courts, the power to not just adjudicate a factual dispute but also penalize or order compensation, goes against the constitutional scheme of separation of powers.Although the Constitution does not mandate a separation of powers between the judiciary and the executive, Article 50 directs the state to achieve it in due time. Such a separation was not achieved until several years after the Constitution came into effect because the criminal magistracy was part of the executive at Independence. It took till approximately 1970, for several State legislatures to effect the separation of power at the level of the criminal magistracy through laws such as The West Bengal Separation of Judicial and Executive Functions Act, 1970 which separated the roles of the judicial and executive magistrates in the Criminal Procedure Code, 1898. The saga of protecting judicial independence from the roving eye of the bureaucracy did not end with the separation of the criminal magistracy from the executive.Q.What is the primary focus of the Jan Vishwas Act, 2022, as described in the passage?a)To enhance judicial authority in handling criminal offensesb)To replace penalties with criminal imprisonment for certain offensesc)To transfer the power to impose penalties from the judiciary to the bureaucracyd)To encourage media attention on legislative changesCorrect answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Study the following information carefully and answer the questions given beside.The controversial Jan Vishwas Act, 2022 which was recently enacted into law by Parliament, has been touted by the government as a landmark piece of legislation aimed at improving “ease of doing business” in India by either decriminalizing or making “compoundable” offenses across 42 legislations. The fine print which has received little media attention is that while the legislation has mostly replaced criminal imprisonment with penalties, it has transferred the power to impose these monetary penalties from the judiciary to the bureaucracy. For example, the Jan Vishwas Act amends the Environmental (Protection) Act, 1986 and the Air (Prevention and Control of Pollution) Act, 1981 to replace imprisonment as a punishment for certain offenses with penalties of up to 15 lakhs that can be imposed by designated bureaucrats (Joint Secretaries). Under amendments to the Indian Forest Act, 1927 forest officers have the power not just to conduct an inquiry to determine the “damage done to the forest” by anybody but also order the offender to pay a hitherto uncapped “compensation” for said damage.Given the regularity with which India Inc. complains about tax terrorism, there is surprisingly no opposition to giving the bureaucracy the power to be both prosecutor and judge while imposing penalties and ordering the payment of compensation. The larger question is whether giving the bureaucracy, rather than the courts, the power to not just adjudicate a factual dispute but also penalize or order compensation, goes against the constitutional scheme of separation of powers.Although the Constitution does not mandate a separation of powers between the judiciary and the executive, Article 50 directs the state to achieve it in due time. Such a separation was not achieved until several years after the Constitution came into effect because the criminal magistracy was part of the executive at Independence. It took till approximately 1970, for several State legislatures to effect the separation of power at the level of the criminal magistracy through laws such as The West Bengal Separation of Judicial and Executive Functions Act, 1970 which separated the roles of the judicial and executive magistrates in the Criminal Procedure Code, 1898. The saga of protecting judicial independence from the roving eye of the bureaucracy did not end with the separation of the criminal magistracy from the executive.Q.What is the primary focus of the Jan Vishwas Act, 2022, as described in the passage?a)To enhance judicial authority in handling criminal offensesb)To replace penalties with criminal imprisonment for certain offensesc)To transfer the power to impose penalties from the judiciary to the bureaucracyd)To encourage media attention on legislative changesCorrect answer is option 'C'. Can you explain this answer?, a detailed solution for Directions: Study the following information carefully and answer the questions given beside.The controversial Jan Vishwas Act, 2022 which was recently enacted into law by Parliament, has been touted by the government as a landmark piece of legislation aimed at improving “ease of doing business” in India by either decriminalizing or making “compoundable” offenses across 42 legislations. The fine print which has received little media attention is that while the legislation has mostly replaced criminal imprisonment with penalties, it has transferred the power to impose these monetary penalties from the judiciary to the bureaucracy. For example, the Jan Vishwas Act amends the Environmental (Protection) Act, 1986 and the Air (Prevention and Control of Pollution) Act, 1981 to replace imprisonment as a punishment for certain offenses with penalties of up to 15 lakhs that can be imposed by designated bureaucrats (Joint Secretaries). Under amendments to the Indian Forest Act, 1927 forest officers have the power not just to conduct an inquiry to determine the “damage done to the forest” by anybody but also order the offender to pay a hitherto uncapped “compensation” for said damage.Given the regularity with which India Inc. complains about tax terrorism, there is surprisingly no opposition to giving the bureaucracy the power to be both prosecutor and judge while imposing penalties and ordering the payment of compensation. The larger question is whether giving the bureaucracy, rather than the courts, the power to not just adjudicate a factual dispute but also penalize or order compensation, goes against the constitutional scheme of separation of powers.Although the Constitution does not mandate a separation of powers between the judiciary and the executive, Article 50 directs the state to achieve it in due time. Such a separation was not achieved until several years after the Constitution came into effect because the criminal magistracy was part of the executive at Independence. It took till approximately 1970, for several State legislatures to effect the separation of power at the level of the criminal magistracy through laws such as The West Bengal Separation of Judicial and Executive Functions Act, 1970 which separated the roles of the judicial and executive magistrates in the Criminal Procedure Code, 1898. The saga of protecting judicial independence from the roving eye of the bureaucracy did not end with the separation of the criminal magistracy from the executive.Q.What is the primary focus of the Jan Vishwas Act, 2022, as described in the passage?a)To enhance judicial authority in handling criminal offensesb)To replace penalties with criminal imprisonment for certain offensesc)To transfer the power to impose penalties from the judiciary to the bureaucracyd)To encourage media attention on legislative changesCorrect answer is option 'C'. Can you explain this answer? has been provided alongside types of Directions: Study the following information carefully and answer the questions given beside.The controversial Jan Vishwas Act, 2022 which was recently enacted into law by Parliament, has been touted by the government as a landmark piece of legislation aimed at improving “ease of doing business” in India by either decriminalizing or making “compoundable” offenses across 42 legislations. The fine print which has received little media attention is that while the legislation has mostly replaced criminal imprisonment with penalties, it has transferred the power to impose these monetary penalties from the judiciary to the bureaucracy. For example, the Jan Vishwas Act amends the Environmental (Protection) Act, 1986 and the Air (Prevention and Control of Pollution) Act, 1981 to replace imprisonment as a punishment for certain offenses with penalties of up to 15 lakhs that can be imposed by designated bureaucrats (Joint Secretaries). Under amendments to the Indian Forest Act, 1927 forest officers have the power not just to conduct an inquiry to determine the “damage done to the forest” by anybody but also order the offender to pay a hitherto uncapped “compensation” for said damage.Given the regularity with which India Inc. complains about tax terrorism, there is surprisingly no opposition to giving the bureaucracy the power to be both prosecutor and judge while imposing penalties and ordering the payment of compensation. The larger question is whether giving the bureaucracy, rather than the courts, the power to not just adjudicate a factual dispute but also penalize or order compensation, goes against the constitutional scheme of separation of powers.Although the Constitution does not mandate a separation of powers between the judiciary and the executive, Article 50 directs the state to achieve it in due time. Such a separation was not achieved until several years after the Constitution came into effect because the criminal magistracy was part of the executive at Independence. It took till approximately 1970, for several State legislatures to effect the separation of power at the level of the criminal magistracy through laws such as The West Bengal Separation of Judicial and Executive Functions Act, 1970 which separated the roles of the judicial and executive magistrates in the Criminal Procedure Code, 1898. The saga of protecting judicial independence from the roving eye of the bureaucracy did not end with the separation of the criminal magistracy from the executive.Q.What is the primary focus of the Jan Vishwas Act, 2022, as described in the passage?a)To enhance judicial authority in handling criminal offensesb)To replace penalties with criminal imprisonment for certain offensesc)To transfer the power to impose penalties from the judiciary to the bureaucracyd)To encourage media attention on legislative changesCorrect answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Study the following information carefully and answer the questions given beside.The controversial Jan Vishwas Act, 2022 which was recently enacted into law by Parliament, has been touted by the government as a landmark piece of legislation aimed at improving “ease of doing business” in India by either decriminalizing or making “compoundable” offenses across 42 legislations. The fine print which has received little media attention is that while the legislation has mostly replaced criminal imprisonment with penalties, it has transferred the power to impose these monetary penalties from the judiciary to the bureaucracy. For example, the Jan Vishwas Act amends the Environmental (Protection) Act, 1986 and the Air (Prevention and Control of Pollution) Act, 1981 to replace imprisonment as a punishment for certain offenses with penalties of up to 15 lakhs that can be imposed by designated bureaucrats (Joint Secretaries). Under amendments to the Indian Forest Act, 1927 forest officers have the power not just to conduct an inquiry to determine the “damage done to the forest” by anybody but also order the offender to pay a hitherto uncapped “compensation” for said damage.Given the regularity with which India Inc. complains about tax terrorism, there is surprisingly no opposition to giving the bureaucracy the power to be both prosecutor and judge while imposing penalties and ordering the payment of compensation. The larger question is whether giving the bureaucracy, rather than the courts, the power to not just adjudicate a factual dispute but also penalize or order compensation, goes against the constitutional scheme of separation of powers.Although the Constitution does not mandate a separation of powers between the judiciary and the executive, Article 50 directs the state to achieve it in due time. Such a separation was not achieved until several years after the Constitution came into effect because the criminal magistracy was part of the executive at Independence. It took till approximately 1970, for several State legislatures to effect the separation of power at the level of the criminal magistracy through laws such as The West Bengal Separation of Judicial and Executive Functions Act, 1970 which separated the roles of the judicial and executive magistrates in the Criminal Procedure Code, 1898. The saga of protecting judicial independence from the roving eye of the bureaucracy did not end with the separation of the criminal magistracy from the executive.Q.What is the primary focus of the Jan Vishwas Act, 2022, as described in the passage?a)To enhance judicial authority in handling criminal offensesb)To replace penalties with criminal imprisonment for certain offensesc)To transfer the power to impose penalties from the judiciary to the bureaucracyd)To encourage media attention on legislative changesCorrect answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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