Admiralty Bill 2016 - GS questions based on daily current affairs

1)   Which of the following acts are repealed by the Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill 2016?

1) The Admiralty Court Act, 1840
2) Colonial Courts of Admiralty (India) Act, 1891
3) Colonial Courts of Admiralty Act, 1890

a. 1, 3
b. 1, 2
c. 2, 3
d. All of the above
Answer  Explanation 

ANSWER: All of the above

Explanation:

  • The Bill consolidates the existing laws relating to admiralty jurisdiction of courts, admiralty proceedings on maritime claims, arrest of vessels and related issues.
  • It also repeals five obsolete British statues on admiralty jurisdiction in civil matters, namely,
(a) The Admiralty Court Act, 1840
(b) The Admiralty Court Act, 1861,
(c) Colonial Courts of Admiralty Act, 1890,
(d) Colonial Courts of Admiralty (India) Act, 1891, and
(e) The provisions of the Letters Patent, 1865 applicable to the admiralty jurisdiction of the Bombay, Calcutta and Madras High Courts.
2)   Which of the following is/are true regarding Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill 2016?

1) Even Inland vessels and vessels under construction are by default included in the admiralty jurisdiction.
2) It also applies to warships and naval auxiliary and vessels used for non-commercial purposes.

a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
Answer  Explanation 

ANSWER: Neither 1 nor 2

Explanation:

  • It applies to every vessel irrespective of place of residence or domicile of owner.
  • Inland vessels and vessels under construction are excluded from its application but the Central Government is empowered to make it applicable to these vessels also by a notification if necessary.
  • It does not apply to warships and naval auxiliary and vessels used for non-commercial purposes.
  • In respect of aspects on which provisions are not laid down in the Bill, the Civil Procedure Code, 1908 is applicable.
3)   Which of the following is/are true regarding Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill 2016?

1) The Bill confers admiralty jurisdiction on High Courts located in coastal states of India.
2) However, the jurisdiction is not extendable to the exclusive economic zone.

a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
Answer  Explanation 

ANSWER: Only 1

Explanation:

  • The Bill confers admiralty jurisdiction on High Courts located in coastal states of India and this jurisdiction extends up to territorial waters.
  • The jurisdiction is extendable, by a Central Government notification, up to exclusive economic zone or any other maritime zone of India or islands constituting part of the territory of India.
  • The jurisdiction is for adjudicating on a set of maritime claims listed in the Bill.
  • In order to ensure security against a maritime claim a vessel can be arrested in certain circumstances.
  • The liability in respect of selected maritime claims on a vessel passes on to its new owners by way of maritime liens subject to a stipulated time limit.
4)   Admiralty jurisdiction relates to

a. Powers of the Indian Navy in the EEZ
b. Powers of the Indian Navy in international waters
c. Powers of the High Courts in respect of claims associated with transport by sea
d. Powers of other countries in Indian waters.
Answer  Explanation 

ANSWER: Powers of the High Courts in respect of claims associated with transport by sea

Explanation:

  • Admiralty jurisdiction relates to powers of the High Courts in respect of claims associated with transport by sea and navigable waterways.
  • It deals with matters including marine commerce, marine navigation, marine salvaging, shipping, sailors, and the transportation of passengers and goods by sea. Admiralty law also covers many commercial activities, although land based or occurring wholly on land, that are maritime in character.
  • Admiralty law is distinguished from the Law of the Sea, which is a body of public international law dealing with navigational rights, mineral rights, jurisdiction over coastal waters and international law governing relationships between nations.

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