Comprehension
Conceptually, extradition is a rather complex jurisprudential zone as it has encompassed within itself various trajectories of apparently conflicting ideas. Generally, a State’s criminal jurisdiction extends over offences committed within its geographical boundaries but it is the common experience of all the countries that often a criminal committing an offence in one country flees to another country and thus seeks to avoid conviction and the consequential punishment. This poses a threat in all civilised countries to a fair adjudication of crime and sustaining the constitutional norms of rule of law. To remedy such anomalous and unjust situation, extradition has been evolved by way of international treaty obligation which ensures a mode of formal surrender of an accused by one country to another based on reciprocal arrangements. In India, extradition has not been defined under the Extradition Act, 1962. However, extradition has been defined as: ‘… the surrender by one nation to another of an individual accused or convicted of an offence outside of its own territory, and within the territorial jurisdiction of the other, which, being competent to try and to punish him, demands the surrender.’ But extradition is different from deportation by which competent State authorities order a person to leave a country and prevent him from returning to the same territory. Extradition is also different from exclusion, by which an individual is prohibited from staying in one part of a sovereign State. Both deportation and exclusion basically are nonconsensual exercise whereas extradition is based on a consensual treaty obligation between the requesting State and the requested State.
Question: 1
Which of the following is the underlying basis for extradition?
Which of the following is the underlying basis for extradition?
Updated On: Jul 11, 2024
- It is in the interest of civilised communities that criminals should not go unpunished
- It is recognised as a part of the comity of nations that one State should ordinarily afford to another State assistance towards bringing offenders to justice.
- It is unjust to surrender to a foreign country a person accused of having committed a crime there for trial in accordance with the system for the administration of justice prevailing in that country because that system is substantially different.
- Both (A) and (B).
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The Correct Option is D
Solution and Explanation
The correct option is (D) : Both (A) and (B).
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Question: 2
According to the provisions of the Extradition Act, 1962, where there is no extradition treaty made by India with a foreign State, which of the following is correct?
According to the provisions of the Extradition Act, 1962, where there is no extradition treaty made by India with a foreign State, which of the following is correct?
Updated On: Jul 11, 2024
- The Central Government may, by notified order, treat any Convention to which India and the foreign State are parties, as an extradition treaty made by India with that foreign State
- The Central Government may, by law, treat any Convention to which India is a party, as an extradition treaty made by India with that foreign State
- The Central Government may, by notified order, treat the pari materia provisions of the statutes of both States relating to extradition, as an extradition treaty made by India with that foreign State
- Extradition is not permissible.
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The Correct Option is A
Solution and Explanation
The correct option is (A) : The Central Government may, by notified order, treat any Convention to which India and the foreign State are parties, as an extradition treaty made by India with that foreign State
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Question: 3
Because of the negative attitude of _____on the subject of extradition, it is by and large dealt with by bilateral treaties.
Because of the negative attitude of _____on the subject of extradition, it is by and large dealt with by bilateral treaties.
Updated On: Jul 11, 2024
- Multilateral treaties
- Customary international law
- Jus cogens
- General principles of international law
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The Correct Option is B
Solution and Explanation
The correct option is (B) : Customary international law
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Question: 4
Which of the following rules is generally followed in extradition by the requested State vis-à-vis the nature of criminal justice system in the requesting State?
Which of the following rules is generally followed in extradition by the requested State vis-à-vis the nature of criminal justice system in the requesting State?
Updated On: Jul 11, 2024
- Rule of reciprocity
- Rule of non-inquiry
- Rule of non-inquiry
- Rule of double criminality
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The Correct Option is B
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The correct option is (B) : Rule of non-inquiry
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Question: 5
“Whether or not the fugitive who has been extradited would have a standing to complaint of the judicial process in the requesting State after extradition has been done, independent of the position taken by the requested State, is a debatable issue.” The given statement relates to the debates in international law concerning_____
“Whether or not the fugitive who has been extradited would have a standing to complaint of the judicial process in the requesting State after extradition has been done, independent of the position taken by the requested State, is a debatable issue.” The given statement relates to the debates in international law concerning_____
Updated On: Jul 11, 2024
- The position of an individual as a subject of international law, and the obligation of States towards individuals
- The position of State as a subject of international law, and the obligation of individuals in international law.
- The position of an individual as a subject of State, and the obligation of States in international law.
- The position of an individual as a subject of State, and the obligation of States in international law.
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The Correct Option is A
Solution and Explanation
The correct option is (A) : The position of an individual as a subject of international law, and the obligation of States towards individuals
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Question: 6
According to the given passage, which of the following is not a similarity between ‘deportation’ and ‘exclusion’?
According to the given passage, which of the following is not a similarity between ‘deportation’ and ‘exclusion’?
Updated On: Aug 22, 2024
- Both are non-consensual exercises and not consensual treaty obligations
- Both relate to ordering a person to move outside a territory.
- Both are precursors to extradition.
- Both are acts of sovereign States.
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The Correct Option is C
Solution and Explanation
The correct option is (C) : Both are precursors to extradition.
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- The Hon’ble Supreme Court in the case of ‘Nil Ratan Kundu and another v. Abhijit Kundu’ 2008(3) Apex Court Judgements 232 (SC), while granting the custody to the maternal grandparents observed: In our judgement, the law relating to custody of a child is fairly well settled and it is this. In deciding a difficult and complex question as to custody of minor, a Court of law should keep in mind relevant statutes and the rights flowing therefrom. But such cases cannot be decided solely by interpreting legal provisions. It is a humane problem in live in relationship and is required to be solved with human touch. A Court while dealing with custody cases, is neither bound by statutes nor by strict rules of evidence or procedure nor by precedents. In selecting proper guardian of a minor, the paramount consideration should be the welfare and well-being of the child. In selecting a guardian, the Court is exercising parens patriae jurisdiction and is expected, may bound, to give due weight to a child’s ordinary comfort, contentment, health, education, intellectual development and favorable surroundings. But over and above physical comforts, moral and ethical values cannot be ignored. They are equally, or we may say, even more important, essential and indispensable consideration. If the minor is old enough to form an intelligent preference or judgement, the Court must consider such preference as well, though the final decision should rest with the Court as to what is conducive to the welfare of the minor.
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The impugned constitutional amendments by which Article 16 (4-A) and 16 (4-B) have been inserted, flow from Article 16 (4). They do not alter the structure of Article 16 (4). They retain the controlling factors or the compelling reasons which enables the State to provide for reservation keeping in mind the overall efficiency of the state administration under article 335. Sub-categorization within a class is a constitutional requirement to secure substantive equality in the event that there is a distinction between two sections of a class; Sub-classification must not lead to the exclusion of one of the categories in the class. A model that provides sufficient opportunities to all categories of the class must be adopted; and Sub-classification among a class must be on a reasonable basis.
Justice Bela Trivedi opined, in dissent, that presidential list of scheduled castes notified under Article 341 cannot be altered by the States. Any change to this list can only be made by a law enacted by Parliament. Sub-classification, according to her would amount to tampering with the Presidential List and undermine the object Article 341, which aims to eliminate political influence in the SC-ST List. Further, she emphasised the importance of adhering to the rule of plain and literal interpretation. She mentions that any preferential treatment for a sub-class within the presidential list would deprive other classes within the same category of their benefits. In the absence of executive or legislative power, state lack the competence to sub-classify castes and the benefit reserved for all SCs. Allowing states to do so would constitute a colourable exercise of power, which is impermissible under law. Justice Trivedi concluded by affirming that affirmative action by States must remain within constitutional boundaries and held that the law laid down in E.V. Chinnaiah case was correct and should be upheld.
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