CLAT Previous Year Question Papers With Answers
CLAT Previous Year Question Papers With Answers
CLAT Previous Year Question Papers With Answers
―9. We now come to the Division Bench judgment of this Court reported as Rajeev Kumar
Gupta & Others v. Union of India & Others – (2016) 13 SCC 153. In this judgment, the posts
in Prasar Bharati were classified into four Groups–A to D. The precise question that arose
before the Court is set out in para 5 thereof in which it is stated that the statutory benefit of 3
per cent reservation in favour of those who are disabled is denied insofar as identified posts in
Groups A and B are concerned, since these posts are to be filled through direct recruitment.
After noticing the arguments based on the nine-Judge bench in Indra Sawhney vs. Union of
India, 1992 Supp (3) SCC 217, this Court held:
14. We now examine the applicability of the prohibition on reservation in promotions as
propounded by Indra Sawhney. Prior to Indra Sawhney, reservation in promotions were
permitted under law as interpreted by this Court in Southern Railway v. Rangachari, AIR
1962 SC 36. Indra Sawhney specifically overruled Rangachari to the extent that reservations
in promotions were held in Rangachari to be permitted under Article 16(4) of the
Constitution. Indra Sawhney specifically addressed the question whether reservations could
be permitted in matters of promotion under Article 16(4). The majority held that reservations
in promotion are not permitted under our constitutional scheme.
15. The respondent argued that the answer to Question 7 in Indra Sawhney squarely covers
the situation on hand and the reasons outlined by the majority opinion in Indra Sawhney at…
must also apply to bar reservation in promotions to identified posts of Group A and Group B.
16. We do not agree with the respondent‟s submission. Indra Sawhney ruling arose in the
context of reservations in favour of backward classes of citizens falling within the sweep of
Article 16(4).
21. The principle laid down in Indra Sawhney is applicable only when the State seeks to give
preferential treatment in the matter of employment under the State to certain classes of
citizens identified to be a backward class. Article 16(4) does not disable the State from
providing differential treatment (reservations) to other classes of citizens under Article 16(1)
if they otherwise deserve such treatment. However, for creating such preferential treatment
under law, consistent with the mandate of Article 16(1), the State cannot choose any one of
the factors such as caste, religion, etc. mentioned in Article 16(1) as the basis. The basis for
providing reservation for PWD is physical disability and not any of the criteria forbidden
under Article 16(1). Therefore, the rule of no reservation in promotions as laid down in Indra
Sawhney has clearly and normatively no application to PWD.‖
Source: Excerpt taken from a Judgment of three judge bench comprising of R.F. Nariman,
Aniruddha Bose & V. Ramasubramaniyam., JJ.
1. The above passage has been taken from which of the following recent judgments, relating
to the question of reservation in promotions for the disabled persons?
a) National Federation of the Blind v. Sanjay Kothari, Secy. Deptt. of Personnel and
Training.
b) Siddaraju v. State of Karnataka & Ors.
c) Rajeev Kumar Gupta & Ors. v. Union of India & Ors.
d) Ashok Kumar v. Union of India & Ors.
CORRECT ANSWER : OPTION B
Page 1 of 35
2. Which of the following is true in context of the scheme provided under Article 16 of the
Indian Constitution, relating to reservation in promotion?
a) Reservation in promotion can only be granted to the class of citizens mentioned under
Article 16 (4).
b) Reservation in promotion cannot be granted to a class of citizen provided by the virtue of
Article 16 (1).
c) The scheme of reservation in promotion can be extended to any class of citizens under the
scheme of Article 16 (1).
d) Reservation in promotion defeats the scheme of Article 16 (1) and Article 15 (1).
CORRECT ANSWER : OPTION C
3. The Union government has issued an office memorandum under which 3% reservation
has been provided to the persons with disability, apart from the reservations provided to
different class of citizens such as 27% for OBCs, 14% to SCs and & 7% to STs. Now, the
total percentage of reservation has reached 51%, which is against the judgment given in
Indira Sawhney v. Union of India. Now, choose the most appropriate option amongst the
following.
a) The reservation provided to persons with disability is constitutionally valid as it falls
within the horizontal scheme of reservation.
b) The judgment in Indira Sawhney is not applicable to the persons with disability and hence
such reservation is valid.
c) The reservation provided to persons with disability is invalid as in no case reservation can
increase 50%.
d) The reservation to PWD does not fall under the scheme of Article 16 (4) and hence
unconstitutional.
CORRECT ANSWER : OPTION A
4. What is the meaning of the ―Catch-up‖ rule associated with the matters of seniority in
reservation in promotion?
a) If the junior candidate promoted on the basis of reservation gets promoted to further grade
by the time senior general category candidate is promoted to earlier grade, the question of
seniority does not arise.
b) A reserved category candidate promoted on the basis of reservation earlier than his senior
general category candidates in the feeder category, shall become junior when general
category senior candidate too gets promoted.
c) The candidate promoted to higher grade on the basis of reservation remains senior even if
his senior is promoted to the same grade.
d) None of the above.
CORRECT ANSWER : OPTION B
Page 2 of 35
5. The Article 16 (4A), provides for which of the following?
a) Catch-up rule.
b) Carry forward rule.
c) Consequential seniority.
d) All of the above.
CORRECT ANSWER : OPTION C
6. The scheme of reservation in promotion is limited to which of the following as per the
text of Article 16 (4A)?
a) Schedule Castes and Schedule Tribes.
b) Backward class of citizens.
c) PWD candidates.
d) All of the above.
CORRECT ANSWER : OPTION A
7. Government policy of no reservation in promotion for class I and II posts was initially:
a) Struck down in C.A. Rajendra case.
b) Struck down in M. Nagraj case.
c) Upheld in Jarnail Singh case.
d) Upheld in C.A. Rajendra case.
CORRECT ANSWER : OPTION D
Page 3 of 35
10. In Vivekanand Tiwari, Supreme Court held that the unit for reservation in universities
should be:
a) University as a whole
b) Faculties of the University
c) Departments of the University
d) (a) and (b)
CORRECT ANSWER : OPTION C
It will be relevant to refer to the statement made by the contemnor which was made and read
out before this Court by the contemnor on 20.08.2020, which reads as under:
―I have gone through the judgment of this Hon‟ble Court. I am pained that I have
been held guilty of committing contempt of the Court whose majesty I have tried to uphold -
not as a courtier or cheerleader but as a humble guard - for over three decades, at some
personal and professional cost. I am pained, not because I may be punished, but because I
have been grossly misunderstood. I am shocked that the court holds me guilty of
“malicious, scurrilous, calculated attack” on the institution of administration of justice. I am
dismayed that the Court has arrived at this conclusion without providing any evidence of my
motives to launch such an attack. I must confess that I am disappointed that the court did not
find it necessary to serve me with a copy of the complaint on the basis of which the suo-motu
notice was issued, nor found it necessary to respond to the specific averments made by me in
my reply affidavit or the many submissions of my counsel. I find it hard to believe that the
Court finds my tweet “has the effect of destabilizing the very foundation of this
important pillar of Indian democracy”. I can only reiterate that these two tweets
represented my bona-fide beliefs, the expression of which must be permissible in any
democracy. Indeed, public scrutiny is desirable for healthy functioning of judiciary itself. I
believe that open criticism of any institution is necessary in a democracy, to safeguard the
constitutional order. We are living through that moment in our history when higher
principles must trump routine obligations, when saving the constitutional order must
come before personal and professional niceties, when considerations of the present must
not come in the way of discharging our responsibility towards the future. Failing to speak up
would have been a dereliction of duty, especially for an officer of the court like myself. My
tweets were nothing but a small attempt to discharge what I considered to be my highest duty
at this juncture in the history of our republic. I did not tweet in a fit of absence mindedness. It
would be insincere and contemptuous on my part to offer an apology for the tweets that
expressed what was and continues to be my bona-fide belief. Therefore, I can only humbly
paraphrase what the father of the nation Mahatma Gandhi had said in his trial: I do not ask
for mercy. I do not appeal to magnanimity. I am here, therefore, to cheerfully submit to
any penalty that can lawfully be inflicted upon me for what the Court has determined to be an
offence, and what appears to me to be the highest duty of a citizen.‖
Source: Excerpt taken from the Judgment delivered by Arun Mishra, B. R. Gavai & Krishna
Murari, J.J.
Page 4 of 35
11. The above passage has been taken from which of the following recent cases relating to
the Criminal Contempt of Court?
a) In Re: Prashant Bhushan & Anr.
b) The Registrar General, Supreme Court of India v. Prashant Bhushan & Anr.
c) Amicus Curiae v. Prashant Bhushan
d) Union of India v. Prashant Bhushan & Anr.
CORRECT ANSWER : OPTION A
12. The Source of power of the Supreme Court to take suo-motu cognizance of Contempt of
the Court has been provided under which of the following?
a) Section 15 of the Contempt of Courts Act, 1971.
b) Article 129 r/w Section 13 of the Contempt of Courts Act, 1971.
c) Article 129
d) Article 129 r/w Article 141.
CORRECT ANSWER : OPTION C
13. Which of the following could be a valid defence for the contemnor in a contempt
proceeding against him?
a) Statements are bona-fide fair criticism without attributing motives to the judges.
b) Statements are the personal opinion of the person and do not have the capacity to
influence the thinking of public at large.
c) Statements are based on the quotes from retired judges of the Supreme Court.
d) Statements are mere opinions which does not fall under the category of the term
―scandalising the court.‖
CORRECT ANSWER : OPTION A
14. In which of the following cases, the apex court held that, ―Contempt jurisdiction should
not be used by judges to uphold their own dignity. In the free market-place of ideas,
criticism about the judicial system or the judges should be welcomed, so long as
criticisms do not impair or hamper the „administration of justice‘.‖?
a) Amicus Curiae v. Prashant Bhushan
b) P.N. Duda v. V. P. Shivshankar
c) A.K. Gopalan v. Noordeen
d) Hari Singh Nagra v. Kapil Sibal
CORRECT ANSWER : OPTION B
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15. Which of the following can be stated as not true about the intent of the contemnor as
mentioned in the passage above?
a) He believes in the dignity and independence of judiciary and his act, further strengthens
his belief.
b) His statements hold the sanctity of the institution to be of utmost importance and his
actions will uphold the same.
c) He compares himself with the father of the nation Mahatma Gandhi and puts himself at
the same pedestal.
d) His statements are criticism of an individual and not the institution itself and such
criticism is quintessential for a healthy democracy.
CORRECT ANSWER : OPTION C
16. A comparison of the Freedom of Speech and Expression between the text of Constitution
of India and the U.S. Constitution may lead to many conclusions.
Which of the following is not a conclusion of such a comparison?
a) The U.S. Constitution expressly mentions about the Freedom of Press but does not
mention about the Freedom of Expression.
b) The Freedom of Press though not expressly mentioned under Article 19 (1) (a), it is
implicit under the Freedom of Speech.
c) The idea of Freedom of Speech and Expression is much broader in India as compared to
that in the U.S. Constitution.
d) The Freedom of Speech and Expression under both the constitutions is identical in terms
of its extent.
CORRECT ANSWER : OPTION C
17. Which of the following case is not related to the Contempt of Court as a restriction to the
Freedom of Speech and Expression enshrined under Article 19 (1) (a)?
a) In Re Arundhati Roy, (2002) 3 SCC 343.
b) Hari Singh Nagra v. Kapil Sibal, AIR 2010 SC 55.
c) In Re Harijai Singh, (1996) 6 SCC 466.
d) Subramaniam Swamy v. UOI, (2016) 7 SCC 221.
CORRECT ANSWER : OPTION D
18. In which of the following cases it was held that holding Dharna in front of Supreme Court
in which lawyers too, take part is not by itself Contempt of Court if the access to the
Court is not hindered?
a) Hiralal Dixit v. Union of India
b) J.R. Parashar v. Prashant Bhushan
c) Tarun Bharat Singh v. Union of India
d) P. N. Duda v. V. P. Shivshankar
CORRECT ANSWER : OPTION B
Page 6 of 35
19. Justice Krishna Iyer in (1) observed that normative guideline for Judges to observe in
contempt jurisdiction is not to be (2) even where distortions and criticism oversteps the
limitation.
a) (1) S. Mulgaokar, (2) hypersensitive
b) (1) Shamsher Singh, (2) provocative
c) (1) Hira Lal, (2) emotional
d) (1) Ediga Annama, (2) sensitive
CORRECT ANSWER : OPTION A
20. Late Arun Jaitely, in Parliament had said that the Supreme Court is destroying the edifice
of Parliament brick by brick. Another member responded by saying transparency in
judicial appointments is required as half the judges in the country lack integrity. Are these
statements Contempt of Court after the Prashant Bhushan 2020 judgment?
a) Yes, because MPs are also bound by Contempt law
b) No, because MPs are exempted from Contempt law.
c) Jaitely can‘t be punished as he is no more but the other member can be held liable.
d) No, because the statements made in Parliament are protected.
CORRECT ANSWER : OPTION D
In taking this view, Justice Rajagopala Ayyangar, speaking for a majority of five judges,
relied upon the judgment of Justice Frankfurter, speaking for the US Supreme Court in Wolf
v Colorado, which held:
―The security of one's privacy against arbitrary intrusion by the police … is basic to a free
society… We have no hesitation in saying that were a State affirmatively to sanction such
police incursion into privacy it would run counter to the guarantee of the Fourteenth
Amendment.‖
While the Court observed that the Indian Constitution does not contain a guarantee similar to
the Fourth Amendment of the US Constitution, it proceeded to hold that:
―Nevertheless, these extracts would show that an unauthorised intrusion into a person‘s home
and the disturbance caused to him thereby, is as it were the violation of a common law right
of a man an ultimate essential of ordered liberty, if not of the very concept of civilisation. An
English Common Law maxim asserts that ―every man‘s house is his castle‖ and in Semayne
case [5 Coke 91: 1 Sm LC (13th Edn) 104 at p. 105] where this was applied, it was stated that
―the house of everyone is to him as his castle and fortress as well as for his defence against
injury and violence as for his repose‖. We are not unmindful of the fact that Semayne case
[(1604) 5 Coke 91: 1 Sm LC (13th Edn) 104 at p. 105] was concerned with the law relating to
executions in England, but the passage extracted has a validity quite apart from the context of
the particular decision. It embodies an abiding principle which transcends mere protection of
property rights and expounds a concept of ―personal liberty‖ which does not rest on any
element of feudalism or on any theory of freedom which has ceased to be of value.‖
Source: Excerpt taken from the Judgment delivered by a 9 Judge bench of the Supreme Court
in 2017 and authored by Dr. D. Y. Chandrachud. J.
Page 7 of 35
21. The above passage is from which of the following judgments?
a) Justice K. S. Puttaswamy (Retd.) v. Union of India, (2018) 10 SCC 1.
b) Justice K. S. Puttaswamy (Retd.) v. Union of India, (2017) 1 SCC 10.
c) Justice K. S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1.
d) Justice K. S. Puttaswamy (Retd.) v. Union of India, (2018) 1 SCC 10.
CORRECT ANSWER : OPTION C
22. Which of the following is directly related with the central idea of the passage mentioned
above?
a) Right to Privacy of an individual, being part of the Right to Life.
b) The extent and scope of the ‗ordered liberty‘ as a tenet of liberty under Article 21 of the
Constitution.
c) Right to Life of an individual apart from mere animal existence.
d) All of the above
CORRECT ANSWER : OPTION D
23. The above passage mentions, ―Every man‟s house is his castle.‖ Who amongst the
following has stated this quote in the Semayne‘s Case?
a) Justice Rowland.
b) Justice Holmes.
c) Lord Justice A.W. Semens.
d) Justice Blackburn.
CORRECT ANSWER : OPTION B
24. The above passage makes a mention of the judgment delivered by Justice Rajagopala
Ayyangar. Which one of the following judgments is in context here?
a) Kharak Singh v. State of U.P.
b) M.P. Sharma v. Satish Chandra
c) Maneka Gandhi v. Union of India
d) Rustom Cavasji Cooper v. Union of India
CORRECT ANSWER : OPTION A
25. Which of the following is not an interpretation of the Right to Privacy as explained by the
Supreme Court in Puttaswamy judgment?
a) The destruction by the State of a sanctified personal space, of body and mind is violative
of the guarantee against arbitrary state action.
b) The intersection between one‘s mental integrity and privacy entitles the individual to the
freedom of self-determination.
c) The privacy of an individual recognises an inviolable right to determine how freedom
shall be exercised.
d) The guarantee of privacy is a guarantee against the arbitrary State action.
CORRECT ANSWER : OPTION C
Page 8 of 35
26. Which of the following is true in relation to the scope of the newly evolved ‗Right to
Privacy‘?
a) The Right to Privacy cannot be denied, even if there is a miniscule fraction of the
population which is affected.
b) The majoritarian concept applies to the Constitutional Rights and the Courts must adhere
to the majoritarian view.
c) One‘s sexual orientation is undoubtedly not an attribute of privacy.
d) Right to Privacy is an unrestricted and inviolable right, outside the fetters of any State
action.
CORRECT ANSWER : OPTION A
27. In which of the following cases the Supreme Court held that, “Sexual orientation is an
attribute of privacy. Discrimination against an individual on the basis of sexual
orientation is deeply offensive to the dignity and self-worth of the individual. Equality
demands that the sexual orientation of each individual in society must be protected on an
even platform. The right to privacy and the protection of sexual orientation lie at the core
of the fundamental rights guaranteed by Article 14, 15 and 21 of the Constitution.”?
a) Justice K.S. Puttaswamy (Retd.) v. Union of India.
b) Navtej Singh Johar v. Union of India.
c) NALSA v. Union of India.
d) Suresh Kumar Koushal v. Naz Fundation.
CORRECT ANSWER : OPTION A
28. Speaking for four of the nine judges, Justice D.Y. Chandrachud, observes, “Individually,
these information silos may seem inconsequential. In aggregation, they disclose the
nature of the personality; food habits, language, health, hobbies, sexual preferences,
friendships, ways of dress and political affiliation.” Which of the following is in context
of the above statement?
a) Right to Privacy.
b) Informational/Data Privacy.
c) The Aadhaar Act, 2016.
d) None of the above.
CORRECT ANSWER : OPTION B
29. Which of the following is not a tenet of the term ‗Life‘ under Article 21 of the
Constitution?
a) Right to Die with Dignity
b) Right to Live with Dignity
c) Freedom of Sexual Orientation
d) Right to Reputation
CORRECT ANSWER : OPTION D
Page 9 of 35
30. Recently, it has been reported that in Uttar Pradesh more than 50% of the people booked
under the National Security Act were involved in cow slaughter. In Puttaswamy, which of
the following judges has included food preferences in his judgment?
a) Justice D.Y. Chandrachud
b) Justice Dipak Misra
c) Justice R. F. Nariman
d) Justice Jasti Chelameshwar
CORRECT ANSWER : OPTION D
Page 10 of 35
32. The above passage discusses about the proportionality, in the context of which of the
following issues?
a) The limitations of state action sanctioned under the Constitution.
b) The powers of the President under Article 370 of the Constitution.
c) The extent of restrictions to be imposed by the State on the exercise of Fundamental
Rights.
d) The proportionality of powers and duties under the Constitution.
CORRECT ANSWER : OPTION C
33. In the above passage, the Court expresses the limitations on application of ‗All-or-
nothing‘ approach to the fundamental rights. Which of the following statements truly
explains such limitations?
a) The application of Part-III is subject to the interest of the majority and it overrides the
rights of an individual.
b) The state may act in derogation of the Fundamental Rights of the people to achieve a
higher public good and the social equilibrium.
c) The Fundamental Rights of citizens are secondary and the authority of State over its
citizens is primary and of utmost importance.
d) The above approach is suitable only for the American Constitution as no limitation on
rights is mentioned in the text of the Constitution.
CORRECT ANSWER : OPTION B
34. In which of the following cases the Supreme Court held that Right to Access Internet is
protected under Article 19 of the Indian Constitution?
a) Anuradha Bhasin v. Union of India.
b) Irtiqa Iqbal v. Union of India
c) Kapil Sibal v. Union of India.
d) None of the above.
CORRECT ANSWER : OPTION A
35. Which of the following State actions passes the ‗Proportionality Test‘?
a) A complete internet ban for indefinite period in a state effected by terrorism, insurgency
and local militia.
b) A slowdown of the internet speed in a State, affecting the Right of Free speech and
expression and trade, business and occupation.
c) House arrest of eminent political leaders for an indefinite period.
d) A complete lockdown in an area effected by militant attacks for an indefinite period.
CORRECT ANSWER : OPTION B
Page 11 of 35
36. Which of the following is not an essential, validating the restrictions imposed upon the
exercise of Fundamental Rights?
a) Legality, which postulates the existence of law which is enacted to restrict the
application of Fundamental Rights.
b) Need, defined in terms of a legitimate State aim.
c) Proportionality, which ensures a rational nexus between the
objects and the means adopted to achieve them.
d) Consequence, which the restriction would ensue after its application.
CORRECT ANSWER : OPTION D
37. The Right to Access to the internet is useful for exercising which of the following
Fundamental Rights?
a) Freedom of Speech and Expression.
b) Right to carry out trade, business and occupation
c) Right to Life.
d) All of the above.
CORRECT ANSWER : OPTION D
38. Who amongst the following can order for suspension of telecom services in a state under
the Temporary Suspension of Telecom Services (Public Emergency or Public Safety)
Rules, 2017?
a) The Secretary to the Government of India in the Ministry of Home Affairs.
b) The Secretary to the Government of India in the Ministry of Information and
Broadcasting.
c) A District Magistrate, exercising his powers under S.144 of the Cr. P. C.
d) The Chief Secretary to the Government of State in the Ministry of Home Affairs.
CORRECT ANSWER : OPTION A
39. Which of the following was true prior to 5th August, 2019 in relation to power of the
Parliament under Article 3 of the Constitution for the State of Jammu & Kashmir?
a) Any Bill to alter the boundaries of the State shall be introduced in the Parliament after the
recommendation of the Governor of the State.
b) No Bill can be introduced in the Parliament for the alteration of the boundaries of the
State without the consent of the Legislature of the State.
c) No Bill can be introduced in the Parliament for the alteration of the boundaries of the
State without the consent of the Constituent Assembly of the State.
d) No Bill can be introduced in the Parliament for the alteration of the boundaries of the
State without the consent of the President.
CORRECT ANSWER : OPTION B
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40. Which of the following is not true in relation to the Jammu and Kashmir Reorganisation
Act, 2019?
a) The Act has amended Schedule 1 of the Constitution
b) The Act has amended Article 4 of the Constitution.
c) The Act has amended Schedule 4 of the Constitution.
d) None of the above.
CORRECT ANSWER : OPTION B
―The main argument on behalf of the Respondents was that the Government was bound by its
promise and could not have resiled from it. They had an indefeasible legitimate expectation
of continued employment, stemming from the Government Order dated 20.02.2002 which
could not have been withdrawn. It was further submitted on behalf of the Respondents that
they were not given an opportunity before the benefit that was promised, was taken away. To
appreciate this contention of the Respondents, it is necessary to understand the concept of
legitimate expectation.
14. The principle of legitimate expectation has been recognized by this Court in ―Union of
India v. Hindustan Development Corporation & Ors.‖ If the promise made by an authority is
clear, unequivocal and unambiguous, a person can claim that the authority in all fairness
should not act contrary to the promise.
15. M. Jagannadha Rao, J. elaborately elucidated on legitimate expectation in ―Punjab
Communications Ltd. v. Union of India & Ors.‖ He referred to the judgment in 2 (1993) 3
SCC 499 ―Council of Civil Service Unions and Ors. v. Minister for the Civil Service‖ in
which Lord Diplock had observed that for a legitimate expectation to arise, the decisions of
the administrative authority must affect the person by depriving him of some benefit or
advantage which, (i) he had in the past been permitted by the decision- maker to enjoy and
which he can legitimately expect to be permitted to continue to do until there has been
communicated to him some rational grounds for withdrawing it on which he has been given
an opportunity to comment; or (ii) he has received assurance from the decision-maker that
they will not be withdrawn without giving him first an opportunity of advancing reasons for
contending that they should not be withdrawn.
Rao, J. observed in this case, that the procedural part of legitimate expectation relates to a
representation that a hearing or other appropriate procedure will be afforded before the
decision is made. The substantive part of the principle is that if a representation is made that a
benefit of a substantive nature will be granted or if the person is already in receipt of the
benefit, that it will be continued and not be substantially varied, then the same could be
enforced.
16. It has been held by R. V. Raveendran, J. in ―Ram Pravesh Singh v. State of Bihar‖ that
legitimate expectation is not a legal right. Not being a right, it is not enforceable as such. It
may entitle an expectant:
(a) to an opportunity to show cause before the expectation is dashed; or
(b) to an explanation as to the cause of denial. In appropriate cases, the Courts may grant a
direction requiring the authority to follow the promised procedure or established practice.‖
Page 13 of 35
Source: Excerpt taken from the judgment delivered by the bench of L. Nageshwar Rao &
Hemant Gupta, J.J. in Kerala State Beverages (M and M) v. P P Suresh & Ors.,(2019) 9 SCC
710.
41. Which of the following statements cannot be identified as a limitation upon the Doctrine
of Legitimate Expectation?
a) The concept of Legitimate Expectation is only procedural and has no substantive impact.
b) The doctrine does not apply to legislative activities.
c) The doctrine does not apply if it is contrary to Public Policy or against the Security of
State.
d) There are parallels between the Doctrine of Legitimate Expectation and Promissory
Estoppel.
CORRECT ANSWER : OPTION A
42. Which of the following is not true in relation to the Doctrine of Legitimate Expectation as
observed by the Supreme Court in ‗Monnet Ispat & Energy Ltd. v. Union of India‟?
a) The Doctrine of Legitimate Expectation cannot be invoked as a substantive and
enforceable right.
b) The Legitimate Expectation is different from anticipation and an anticipation cannot
amount to an assertable expectation.
c) The Doctrine fails where an overriding public interest justifies the change in
Administrative Policy.
d) The Doctrine of Legitimate Expectation is founded on the principles of reasonableness
and fairness.
CORRECT ANSWER : OPTION A
43. Which of the following cases can be traced as the origin of the Doctrine of Legitimate
Expectation?
a) Attorney General of Hong Kong v. Ng Yeun Shiu, (1983) 2 AC 629.
b) Schmidt v. Secy. Of State for Home Affairs, (1969) 2 Ch 149 (CA).
c) Food Corporation of India v. Kamdhenu Cattle Feed Industries, AIR 1993 SC 1601.
d) Breen v. Amalgamated Engg. Union, (1971) 2 WLR 742.
CORRECT ANSWER : OPTION B
44. Which of the following is not a ground for judicial review of a discretionary action of an
Administrative Authority in India?
a) Failure to exercise discretion
b) Excess or abuse of discretion
c) A breach of rules of Natural Justice
d) None of the above
CORRECT ANSWER : OPTION A
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45. Which of the following statement is true in relation to ―Empty formality‖ theory of the
Principle of Natural Justice?
a) The plea for not following the Principle of Natural Justice is not sustainable on the
grounds of Empty Formality.
b) The plea for not following the Principle of Natural Justice is sustainable on the grounds of
Empty Formality.
c) The Empty Formality affords a legitimate ground for the avoidance of Principle of
Natural Justice.
d) Both options (b) & (c) are correct.
CORRECT ANSWER : OPTION B
47. Which of the following is not a ground for holding a Delegated Legislation as invalid?
a) Parent Act delegates non-essential legislative functions.
b) Delegated legislation is inconsistent with the general law.
c) Parent Act itself is unconstitutional.
d) Delegated legislation is inconsistent with the Parent Act.
CORRECT ANSWER : OPTION A
48. In which of the following cases, Hegde J observed that, ―Whenever a complaint is made
before a court that some Principle of Natural Justice had been contravened, the court had
to decide whether the observance of that rule was necessary for a just decision on the
facts of that case.‖ ?
a) A.K. Kraipak v. Union of India
b) Maneka Gandhi v. Union of India
c) Union of India v. P.K. Roy
d) Dharampal Satyapal Ltd. v. CCE
CORRECT ANSWER : OPTION A
49. Which of the following is not an essential condition before pressing the Doctrine of
Estoppel into service or benefit contract?
a) A representation or conduct amounting to representation have been made.
b) He must have acted to his detriment or suffered as a result of such representation.
c) The other party to whom representation was made must have acted upon such
representation.
d) The representation must have been made with the intention of not fulfilling it.
CORRECT ANSWER : OPTION D
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50. Suppose, students filled up JEE Mains form for 2020. Due to repeated postponements of
JEE, IIT Kharagpur decided to opt out of JEE mains and conducted its own separate Test.
On which of the following grounds the decision of IIT Kharagpur can be challenged?
a) Procedural fairness
b) Legitimate expectation
c) Manifest arbitrariness
d) IIT Kharagpur‘s decision cannot be challenged as it was taken in the interest of the
students.
CORRECT ANSWER : OPTION B
Read the piece written by Prof. Upendra Baxi and answer the questions below:
No matter how the matters are for the time being resolved (and swiftly on all indications), the
present crisis in the Supreme Court involves mainly a contention on how judicial business
should be conducted. The extraordinary movement of four justices in making public a letter
addressed to the Chief Justice of India (CJI) in November 2017, and assorted observations at
the press conference last week are very unusual judicial happenings. At that conference,
Justice Chelameswar said that ―less than desirable things have happened‖ and the protesting
Justices vainly ―tried to collectively persuade‖ the CJI to take ―remedial measures‖. These
happenings are now made even more unusual by Justice Ranjan Gogoi reportedly denying
any ―crisis‖ and Justice Kurian Joseph saying the matter is now settled leaving little scope for
―outside intervention‖. However, the letter released at the press conference said otherwise; it
spoke of the ways in which ―the overall functioning of the justice delivery system‖, the
―independence of the high courts‖, and the functioning of the office of the CJI have been
―adversely affected‖. A moving appeal to the Indian ―Nation‖ was issued at the press
conference and Justice Chelameswar justified speaking out, lest ―wise people‖ say later that
they were complicit. A situation where four senior-most justices went public to express their
discontent with the present CJI‘s exercise of authority to constitute Benches raises grave
constitutional questions. Although only an in-house rectification can save matters, it is an
anti-democratic error of grave proportions to think that co-citizens should have no interest,
stake, or say in the matter. Undoubtedly, the Chief Justices, whether of the High courts or the
Supreme Court, have the power to order the roster. The question is whether that power is
coupled with a constitutional duty to follow certain conventions. Obviously, there are a few:
Chief Justices have a primary duty of accountability to the Brother Justices, the Bar, and a
general obligation through the Bar to the litigating public and people at large. But when a
letter by four Senior Justices has been ignored for about two months, is going public with a
copy of that letter and holding even a press conference unjudicial? On this question opinions
are varied. Some have lauded this step as heroic while others regard this as ―sheer trade union
tactics‖ and some even say the step was extremely unfortunate but now some institutional
solidarity should pave the path ahead. What are the other conventions? First, a part-heard
matter may not be divested from the co-justices who are seized with it. Second, the CJI may
not deny a request for recusal on grounds of conflict of interest. Third, the Chief Justice may
not ignore the requests by co-justices to form a larger Bench. Fourth, a Chief Justice may not
selectively assign sensitive or important cases to the same judges. However, fifth, it is
doubtful whether there is, or ought to be, a convention requiring such matters to be heard
only by the senior-most justices. No, because the decision to elevate a citizen to judgeship
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must involve all relevant considerations; once elevated, a justice is co-equal to all other
brethren. Sixth, it is true that co-equality occurs within a hierarchy: Not every justice
becomes a Chief Justice, and the SC collegium must comprise the five senior-most justices.
Outside this framework, the question about the rank-ordering may not arise; all Justices speak
for the constitutional court. Any discussion about benches headed by ―junior‖ justices is
therefore injudicious. The second issue looming large is the finalisation of Memorandum of
Procedure (MoP). In early July 2017 (in Justice Karnan‘s case), at least two Justices observed
a need ―to revisit the process of appointment of judges and establishment of a mechanism for
corrective measures other than impeachment‖. The letter also suggests that the issue of MoP
―cannot linger on for indefinite period‖ and since the government has not responded to the
MoP sent as far back as March 2017, the Court must now presume this long ―silence‖
amounts to acceptance. Convening a full court and/or an agreement of the Chief Justices‘
conference stand was suggested. The highest court in the land cannot endlessly wait for the
government.
The remedies of impeachment and removal for judicial misconduct and review, and now
curative jurisdiction, constitutionally exist. And further, the spectre of the call of conscience
to go to the ―Nation‖ will now haunt all Chief Justices. Informed criticism has some impact
on judicial dispositions. But the ultimate guarantee of fairness as justice lie with the Justices
themselves. As Eugene Ehrlich, a founder of European sociology of law, said: ―The best
guarantee of justice lies in the personality of the judge.‖ Justices must be seen practising what
they preach to the other holders of public power. It is only when they collectively fail to do so
that a democracy is truly imperilled.
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Which of the statement given above is / are correct?
a) 1 and 3 only
b) 1 and 2 only
c) 3 only
d) 1, 2 and 3
CORRECT ANSWER : OPTION D
55. Accountability makes the exercise of power more efficient and effective. The ancient
Greek historian Herodotus said: "The Greeks though free [were] not absolutely free; they
[had] a master called the law." Which of the following statement correctly describes the law?
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56. Supreme Court Rules framed under Article 145 of the Constitution provide CJI as the
Master of Rolls. These rules-
a) Cannot be challenged as per Justice Dinakaran Judgment
b) Can be challenged before the President of India who is the appointing authority of CJI
and other Judges
c) Rules made by the Court violative of Fundamental Rights may be struck down as ultra
vires the Constitution as per Prem Chand Garg (1963) judgment of the Supreme Court.
d) Supreme Court is supreme and no authority can question it.
CORRECT ANSWER : OPTION C
57. In S. P. Gupta v. Union of India, it was held that the word ‗Consultation‘ means:
a) Discussion
b) Ascertainment of opinion
c) Concurrence
d) Advice
CORRECT ANSWER : OPTION B
59. In which of the following cases, Supreme Court held that ―Chief Justice is an institution
himself‖?
a) Kamini Jaiswal v. Union of India
b) Asok Pande v. Union of India
c) S.P. Gupta v. Union of India
d) Prashant Bhushan v. Union of India
CORRECT ANSWER : OPTION B
60. In which of the following cases, Chief Justice was held to be as ‗Master of Roster‘, who
alone has prerogative to constitute bench?
a) Prakash Chandra v. Union of India (UOI) through Secretary to the Government of India
b) S P Gupta v. Union of India
c) Third Judges Case
d) Justice C. S. Karnan v. The Hon‘ble Supreme Court of India
CORRECT ANSWER : OPTION A
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Read the excerpts from an opinion piece entitled “Labour Law Suspension: Hit The
Workers When They Are Down” by Pranab Bardhan, Professor of Graduate School at
the Department of Economics at the University of California, Berkeley, published by
Bloomberg Quint and answer the questions below:
It is interesting that while Indian states are trying to suspend labour protection and make it
easier for employers to sack workers, many other countries are trying to minimise lay-offs in
this period of crisis by giving wage subsidy to employers to induce them to keep the workers
on the payroll. These programs are an effort to reduce displacement, distress, and loss of
worker morale, and at the time of economic recovery less friction and de-skilling. The wage
subsidies are quite substantial in Europe, Canada, Australia, and New Zealand. It is also
being attempted in some developing countries like Argentina, Bangladesh, Botswana, China,
Malaysia, Philippines, South Africa, Thailand, and Turkey.
In the continuing sordid saga of callousness and brutality with the millions of suddenly
unemployed migrant workers over the last six weeks since lockdown, an interesting fact to
note is that employers who mostly had stopped paying them over this period, thus causing
widespread hunger and homelessness, have lobbied with state governments to stop sending
them back to their villages so that they remain available when the industries restart. I am
actually in favour of a thorough overhaul. The current labour laws, tangled and outdated as
they are, serve the long-term interests of neither the employers nor the workers. At the
beginning of this century, the Second National Commission of Labour made a whole set of
sensible recommendations for such an overhaul, but they remain largely unimplemented. I
would support abolishing the firm size limit on labour retrenchment altogether, provided
there is a provision for adequate unemployment benefits, both for regular and contract
workers, and there is something like a state-provided universal basic income supplement as a
fall-back option for everybody. “Allowing more flexibility in hiring and firing has to be
combined, as part of a package deal, with a reasonable scheme of unemployment
compensation from an earmarked fund, to which employers and employees should both
regularly contribute.” For far too long businesses in India, with some notable exceptions,
have considered labour as a necessary but troublesome cog in the production machine, and
the focus is to squeeze the maximum out of it with minimum pay and benefits while
brandishing the threat of job insecurity. Organised labour, often under politicised partisan
leadership from outside, has played that adversarial game. It is in the long-term interests of
both sides to see at the ground level that labour-friendly practices can actually enhance long-
term productivity and profitability. If cooperation can replace mutual suspicion and labour
representatives can be trusted to participate in corporate governance—as is the practice, say,
in Germany and a few other European countries—labour organisations can play a responsible
role in achieving mutually beneficial goals. Taking the cover of the pandemic to unilaterally
whittle down labour protections is going the opposite way, to distrust, and labour unrest.
61. The Government of Uttar Pradesh and many other state governments promulgated
Ordinances for Temporary Exemption from Certain Labour Laws that would suspend the
operation of all labour laws applicable to factories and manufacturing establishments in
their respective state for a period of three years, with the exception of:
a) Bonded Labour System (Abolition) Act, 1976
b) Employees‘ Compensation Act, 1923,
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c) The Building and Other Construction Workers (Regulation of Employment and
Conditions of Service) Act, 1996
d) All the above
CORRECT ANSWER : OPTION D
62. On which of the following areas, Central Government is exclusively competent to enact
legislations?
a) Trade unions; industrial and labour disputes.
b) Social security and social insurance; employment and unemployment.
c) Welfare of labour including conditions of work, provident funds, employers‘ liability,
workmen‘s compensation, invalidity and old age pensions and maternity benefits.
d) Regulation of labour and safety in mines and oilfields.
CORRECT ANSWER : OPTION D
63. Which of the following laws has been enacted to prevent exploitation of inter-state
migrant workers and, to ensure fair and decent conditions of employment for them?
a) The Inter-State Migrant Workmen Act, 1979
b) Contract Labour (Regulation and Abolition) Act, 1970
c) Bonded Labour System (Abolition) Act, 1976
d) Migrant Workers (Protection) Act, 1979
CORRECT ANSWER : OPTION A
64. The Employees‘ State Insurance Act, 1948 protects the interest of workers in
contingencies such as —
I. Sickness
II. Maternity,
III. Temporary or permanent physical disablement,
IV. Death due to employment injury resulting in loss of wages or earning capacity.
65. As per the provisions contained in Chapter VB of the Industrial Dispute Act, 1947
establishment employing _____________ persons or more are required to seek prior
permission of Appropriate Government before effecting lay-off, retrenchment and closure.
a) 50
b) 100
c) 250
d) 500
CORRECT ANSWER : OPTION B
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66. ‗First come last go and last come first go‟ is the principle of:
a) Lay-off
b) Closure
c) Retrenchment
d) Dismissal
CORRECT ANSWER : OPTION C
68. Choose the correct objective of the Industrial Disputes Act, 1947.
a) To prevent illegal strikes
b) To promote measures for securing and preserving good relations between the employers
and the employees
c) To provide relief to workmen in matters of lay - off,
retrenchment, wrongful dismissals
d) All of the above
CORRECT ANSWER : OPTION D
69. Contract Labour (Regulation and Abolition) Act, 1970 applies to every establishment/
contractor in which ____________ workmen are employed or were employed on any day of
the preceding twelve months as contract labour.
a) Ten or more
b) Fifteen
c) Twenty or more
d) Twenty-five or more
CORRECT ANSWER : OPTION C
70. The Contract Labour (Regulation and Abolition) Act, 1970 shall not apply to
establishments in which work is of:
a) An intermittent or casual nature
b) In nature of Permanent work
c) Both a) and b)
d) None of the above.
CORRECT ANSWER : OPTION A
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Read the following passage carefully and then answer the accompanying questions
employing the concepts provided in the passage:
According to Hohfeld, legal relationships can exist only between two legal persons and one
thing. One of the two persons always has a legal advantage (that‘s the right) over the other.
The other person has the corresponding legal disadvantage. … For example employer -
employee. The basic building block of legal rights is liberty. It allows one person to do
exactly as she pleases with no duty to do otherwise. … But … the important thing about a
liberty: No one is required to respect it. It is merely a ―permission without a protection‖. …
For example, I can enjoy the view of my neighbour‘s garden but he is not under a duty to
protect my view and can screen it off.
A ―claim‖ entitles one person to limit the liberty of another, who then has a duty either to act
or not to act in certain ways toward the claimant. For example, a child‘s claim to maintenance
from parents places a duty on parents to provide maintenance. In personam claims can be
made against a definite number of persons whilst in rem claims are available against every
person in the world. …An immunity disables one person from interfering with the liberty of
another…Claims tell us what we should not do. Immunities tell us what we cannot do. … For
example, a public official cannot be prosecuted without special permission. A ―power‖ is an
ability that the law gives a person to (realise) her own legal rights or the rights of someone
else (for example the power to sue). Its correlate, the liability carries the sense of exposure to
having one‘s legal status changed. For example, only a person with locus in a case can file a
litigation to press his claims.
[Adapted from Steven Wise, Rattling the Cage Towards Legal Rights of Animals) ( 2000)]
71. The boundary wall surrounding A‘s property was broken which caused a number of
villagers to cross through his property to reach the adjoining market. A repaired the wall and
stopped the villagers. What was the nature of legal relationship?
a) Liberty-no right
b) Claim-duty
c) Immunity-disability
d) Power-liability
CORRECT ANSWER : OPTION A
72. ‗A‘ does not repair the boundary wall for more than twenty-five years and does not stop
the villagers from crossing his property. Now the villagers have:
a) An immunity
b) A claim
c) A power
d) A liberty
CORRECT ANSWER : OPTION B
73. After changing her religion, an adult medical student Bareta got married to a man of her
choice. The medical student‘s right to marry was:
a) A claim
b) A liberty
c) A power
d) A liability
CORRECT ANSWER : OPTION A
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74. The situation for Bareta would change if she were a minor. Her minority would impact on
her:
a) Claim
b) Liberty
c) Power
d) Immunity
CORRECT ANSWER : OPTION C
75. Article 21 of the Constitution of India lays down that no person can be denied life and
liberty except according to procedure established by law. By reason of this article, the
State cannot deny liberty through executive order. What does the Article impose on the
State?
a) Duty
b) Liability
c) Disability
d) No Right
CORRECT ANSWER : OPTION C
76. A person can be taken into custody only if there is a legislation specifying a procedure
which allows the deprivation of liberty. This protection from wrongful arrest granted to
people is:
a) An immunity
b) A liberty
c) A disability
d) A power
CORRECT ANSWER : OPTION A
77. The Civil Procedure Code lays down the conditions that have to be fulfilled before a
Plaint can be filed or defended. These conditions impact on the individual‘s:
a) Claim
b) Power
c) Disability
d) Liability
CORRECT ANSWER : OPTION B
78. As a rule, only States can move international institutions for the enforcement of their
rights. Special requirements have to be fulfilled before individuals can move international
institutions. These requirements impact on the __________ of individuals to obtain their
rights.
a) liberty
b) power
c) claim
d) immunity
CORRECT ANSWER : OPTION B
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79. When A enters into a contract with B, then the rights A has under the contract are:
a) In personam
b) In rem
c) Both (a) and (b)
d) None of the above
CORRECT ANSWER : OPTION A
80. Recognition of the Right to Privacy by the Indian Supreme Court has:
a) Converted a liberty into a claim right.
b) Placed a duty on the State to protect the right
c) Prevented tate from undertaking any activity which intruded on the privacy of the people
d) All of the above
CORRECT ANSWER : OPTION D
The Archimedean point of Habermas‘ philosophy of law is not the concept of natural law.
His approach to positive law differs from both Han‘s and Hobbes‘. For him, positive laws are
democratically established human artifacts. In the democratic procedure for legislatures to
make laws, even if there may be arguments appealing to the concept of natural law,
democratically established positive laws are not duplications of natural laws. Instead, they
differ from natural laws both in content and form. The legitimacy and validity of positive
laws come exclusively from the democratic process in which laws are established and
published. By the same token, the rationality of positive laws comes exclusively from a
democratic legislature based upon rational communication under the guidance of the
communicative rationality. In social management, morality is complementary to positive law.
But positive law is not subordinate to [1]. Instead, the two are parallel institutions. Habermas
shares with Han and Hobbes the view that positive laws have two salient features. First, they
are written and publically published. Second, they are backed by those who have a monopoly
on force. The second feature of positive laws is dubbed by Habermas as the ―facticity‖ of
law. The facticity or social reality of positive laws is that they are compulsory and backed by
sanctions. As Habermas puts it, ―Such laws appear as the will of a lawgiver with the power to
punish those who do not comply; to the extent that they are actually enforced and followed,
they have an existence somewhat akin to social facts.‖. Also, for Habermas, as it is for Han
and Hobbes, positive law differs from natural law in the sense that positive law is a social
institution, a human artifact, not a natural institution. Positive law comes into existence by a
historical and public action—that is, the democratically legislation of it and its being
publically published.
81. Habermas is a:
a) German Philosopher
b) French Philosopher
c) Western Social Scientist
d) English Jurist
CORRECT ANSWER : OPTION A
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82. For Hobbes, the key tenet of his philosophy is:
a) Natural law is necessary for a good positive law and they are not identical in content.
b) Natural law is not necessary for a good positive law, though they are identical in content.
c) Natural law is necessary for a good positive law, and they are identical in content but differ
in form.
d) Natural law is necessary for a good positive law but they differ in both form and content.
CORRECT ANSWER : OPTION C
83. Which of the following words has been replaced by ‗[1]‘ in the above paragraph?
a) Culture
b) Ethics
c) Morality
d) None of the above.
CORRECT ANSWER : OPTION C
84. Which one of the following statements, correctly conveys the Fuller‘s Inner Morality of
Law?
a) Every piece of Law, in order to be valid, must fulfil minimum moral standard comprising
of certain procedural requirements like generality, Prospectively promulgation, intelligibility
and consistency.
b) The contents of every law in order to be valid must be mere minimum moral standard
without anything more.
c) The question of morality of every law is a matter for the inner conscience of the legislators
and judges have nothing to do with it.
d) The question of morality of law is not for the courts to determine.
CORRECT ANSWER : OPTION A
85. In which of the following cases, the Supreme Court of India remarked, ―Whenever the
Court is entering into a new territory and is developing a new legal norm, discussion of
normative jurisprudence assumes greater significance as the Court is called upon to decide
what the legal norm should be. At the same time, normative jurisprudence has been to be
preceded by analytical jurisprudence which is necessary for the Court to underline existing
nature of law.‖?
a) Common Cause v. Union of India (2018)
b) Bhupinder Singh v. State of H. P (2011)
c) Kumar v. State of T. N (2013)
d) Gargi v. State of Haryana (2019)
CORRECT ANSWER : OPTION A
86. Out of the following jurists, whose theory has earned the name of ―Natural Law with a
Variable Content‖?
a) St. Thomas Aquinas
b) John Locke
c) Hobbes
d) R. Stammler
CORRECT ANSWER : OPTION D
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87. Which of the following philosophers gave the theory of ―Communicative Action‖?
a) Habermas
b) John Locke
c) Savigny
d) Lon L. Fuller
CORRECT ANSWER : OPTION A
88. According to Habermas, the existence and legitimacy of Positive Laws hinges upon
which of the following?
a) Morality
b) Publication of Laws
c) Rational Democratic Process
d) Judicial recognition
CORRECT ANSWER : OPTION C
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92. Under Indian Penal code ‗Culpable homicide‘ is first defined, but ‗homicide‘ is not
defined at all. ‗Culpable homicide‘, the genus, and ‗Murder‘, the species, are defined in terms
so closely that it is difficult to distinguish them. The distinction between ‗Culpable homicide‘
and ‗Murder‘ was criticised as the ‗weakest part of the code‘ by-
a) Glanville Williams
b) Jamesh Stephen
c) Jeremy Bentham
d) Simith & Hogan
CORRECT ANSWER : OPTION B
93. Lately Indian Criminal Law has been moving away from the above mentioned classical
Principles of Criminal Law. Which one of the following does not demonstrate this shift?
a) Creation of new crimes.
b) Shift in Burden of Proof
c) Presumption of Guilt
d) Broader definitions of crimes
CORRECT ANSWER : OPTION A
94. The accused must be given death penalty to satisfy the ‗collective conscience of the
society‘. Is this the correct method of determining sentence?
a) Yes
b) No
c) Yes, in Terror and Sedition Cases
d) No, as what others think is irrelevant in deciding punishment
CORRECT ANSWER : OPTION D
95. In determining the sentence, which of following factors are to be taken into
consideration?
a) Aggravating Factors
b) Mitigating Factors
c) Both Aggravating & Mitigating Factors
d) Collective Conscience of the Society
CORRECT ANSWER : OPTION C
96. The Supreme Court itself admitted in Santosh Kumar Bariyar (2009) that death penalty is
imposed ‗arbitrarily or freakishly‘. The court made a candid admission in saying that ‗there is
no uniformity of precedents‘. In Sangeet (2013), the Court yet again acknowledged that
‗principled sentencing‘ has become ‗judge centric‘. In Swami Shraddhananda (2008), the
Court said, award of death sentence depends on the ‗personal predilection of judges‘ and
there is ‗lack of uniformity‘ in capital punishment. Which of the following statements is
correct?
a) Award of Death Penalty depends on law and is given in rarest of rare cases.
b) Award of Death Penalty depends on personal ideologies of judges.
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c) a) & b) both are correct.
d) a) is wrong.
CORRECT ANSWER : OPTION B
97. In Machhi Singh (1983) a three judge bench listed five parameters to decide whether
case falls within ‗rarest of rare‘ such as the manner of commission of crime i.e. brutality,
motive, anti-social or abhorrent nature of crime, magnitude of crime and personality of victim
i.e. child, women or leader loved by people etc. Which parameter laid down by the
constitution bench in Bachan Singh was left out?
a) Too much importance was given to ‗Crime‘ but ‗Criminal‘ was left out.
b) Impact on society
c) Intent
d) Weapons used in the commission of crime
CORRECT ANSWER : OPTION A
98. Who had said that ‗The Indian Penal Code is to the English criminal law what a
manufactured article ready for use is to the materials out of which it is made. It is to the
French Penal Code and, I may add, to the North German Code of 1871, what a finished
picture is to a sketch. It is far simpler, and much better expressed, than Livingston‟s Code for
Louisiana; and its practical success has been complete.‘?
a) Lord Macaulay
b) James Stephen
c) Hari Singh Gaur
d) Justice Krishna Iyer
CORRECT ANSWER : OPTION B
99. Justice Fitzgerald observed: ‗The law of conspiracy is a branch of our jurisprudence to be
narrowly watched, to be zealously regarded and never to be pressed beyond its true limits.‘
Under Section 149, mere membership of the assembly without any participation in the crime
is sufficient. In the light of this statement, whether punishment of conspiracy by mere
agreement and under Section 149 by mere presence be deleted from the IPC?
a) Yes, if we believe in liberal and enlightened criminal jurisprudence
b) No, if we are status quoist
c) No, Conspiracy must remain punishable by mere agreement
d) No, mere presence should be enough
CORRECT ANSWER : OPTION A
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Read the extracts of leading judicial pronouncement and answer the questions below:
1. What is bad in theology was once good in law but after Shariat has been declared as the
personal law, whether what is Quranically wrong can be legally right is the issue to be
considered in this case. Therefore, the simple question that needs to be answered in this
case is only whether triple talaq has any legal sanctity. That is no more res integra. This Court
in [1] has held, though not in so many words, that triple talaq lacks legal sanctity. Therefore,
in terms of Article 141 [1] is the law that is applicable in India.
2. Having said that, I shall also make an independent endeavour to explain the legal position
in [1] and lay down the law explicitly.
3. [2] was enacted to put an end to the unholy, oppressive and discriminatory customs and
usages in the Muslim community. Section 2 is most relevant in the face of the present
controversy.
101. The name of which of the following judgments has been replaced by ‗[1]‘ in the passage
above?
a) Rukia Khatun v. Abdul Khalique Laskar
b) Shamim Ara v. State of UP and Another
c) Fuzlunbi v. K Khader Vali and Another
d) Mohd. Ahmad Khan v. Shah Bano Begum
CORRECT ANSWER : OPTION B
102. Which of the following legislations has been replaced by ‗[2]‘ in the passage above?
a) The Muslim Personal Law (Shariat) Application Act, 1937
b) Special Marriage Act of 1872
c) The Muslim Women (Protection of Rights on Divorce) Act 1986
d) The Muslim Women (Protection of Rights on Marriage) Act, 2019
CORRECT ANSWER : OPTION A
103. The Supreme Court constitution bench led by Chief Justice J. S. Khehar gave a
landmark judgement in Shayara bano v. Union of India. Consider the following statements:
1. Chief Justice J. S. Khehar‘s decision, along with Justice S Abdul Nazeer, concluded that
despite many findings the practice abhorrent, the Supreme Court does not have the power to
strike it down.
2. The five-member bench was divided 3-2 on the matter. The dissenting opinion instead
called for an injunction on the practice of talaq-e-biddat for six months, while also prodding
the legislature to take up the matter.
3. The majority struck it down with two judges holding it arbitrary and third judge holding it
unislamic.
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4. The Majority verdict was given by Justice Rohinton Nariman, Justice U U Lalit and Justice
D. Y. Chandrachud.
a) Only 1
b) 1 and 2
c) 3 and 4
d) 1, 2 and 3
CORRECT ANSWER : OPTION A
105. In which one of the following cases, the proposition was laid down that Personal Laws
are beyond the pale of the Fundamental Rights Chapter of the Constitution and hence cannot
be struck down by this Court?
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106. What does the phrase Res integra connote in the above passage?
a) Issues of law which have not been decided or untouched by dictum or decision.
b) Issues of law which have been settled by court.
c) Issues of law where so many inconsistent decisions are present
d) Issues of law which should be resolved by the legislature and not by the court
CORRECT ANSWER : OPTION A
107. In which of the following cases, the Delhi HC had observed that the ―Introduction of
constitutional law in the home is most appropriate. It is like introducing a bull in a china
shop. It will prove to be the ruthless destroyer of the marriage institution and all that it
stands for. In the privacy of home and the married life, neither Article 21 nor Article 14 have
any place.‖?
a) Harvinder Kaur v Harmender Singh Chaudhry
b) Maneka Gandhi v. Indira Nehru Gandhi
c) T. Saritha v. Union of India
d) Prakash v. Phulwati
CORRECT ANSWER : OPTION A
a) Only 1
b) 1 and 2 only
c) 2, 3 and 4.
d) 1 and 3 only
CORRECT ANSWER : OPTION D
Page 32 of 35
110. Pick up the correct statement-
The Principles of state responsibility dictate that states are accountable for breaches of
International Law. Such breaches of treaty or customary international law enable the injured
state to maintain a claim against the violating state, whether by way of diplomatic action or
by way of recourse to international mechanisms where such are in place with regard to
subject matter in issue. Recourse to International Arbitration or to the International Court of
Justice is also possible provided the necessary jurisdictional basis has been established.
Customary International Law imposes several important fundamental obligations upon the
States in the area of environmental protection. The view that the International law supports an
approach predicated upon absolute territorial sovereignty, so that a state could do as it liked
irrespective of the consequences upon other states has long been discredited. The basic duty
upon states is not so to act as to injure the rights of other states. This duty has evolved partly
out of the regime concerned with international waterways. In the [1] case, the Permanent
Court of International Justice noted that ‗this community of interest in a navigable river
becomes the basis of common legal right, the essential features of which are the perfect
equality of all riparian states in the use of the whole course of the river and the exclusion of
any preferential privileges of any riparian state in relation to others.‘. But the principle is of
far wide application. It was held in [2] case that the concept of territorial sovereignty
incorporated an obligation to protect within the territory the rights of other states. It has now
been established that it was an obligation of every state to not to allow knowingly its territory
to be used for acts contrary to the rights of other states. This judicial approach has now been
widely reaffirmed in international instruments. Article [3] of the Law of Sea Convention,
1982 provides that ‗states shall take all measures necessary to ensure that activities under
their jurisdiction and control are so conducted as not to cause damage by pollution to other
states and their environment.‘ It is sometimes argued that the appropriate standard for the
conduct of states in this field is that of strict liability. In other words, states are under an
absolute obligation to prevent pollution and are thus liable for its effects irrespective of fault.
111. In relation to State responsibility, the Permanent Court of International Justice has
observed that: ― It is a principle of international law and even a greater conception of law,
that any breach of an engagement involves an obligation to make reparation‖, in which of
the following case?
a) Chorzow Factory Case.
b) Home Missionary Society Case
c) Corfu Channel Case
d) Genocide Convention Case
CORRECT ANSWER : OPTION A
Page 33 of 35
112. The name of which one of the following cases has been replaced by ‗[1]‘ in the above
paragraph?
a) Corfu Channel Case
b) Trial Smelter Arbitration
c) International Commission on the River Oder Case
d) Case Concerning auditing of accounts between Netherlands and France.
CORRECT ANSWER : OPTION C
113. The name of which of the following cases has been replaced by ‗[2]‘ in the above
paragraph?
a) Island of Palmas Case
b) Nuclear Tests Case
c) Corfu Channel Case
d) None of the above.
CORRECT ANSWER : OPTION A
114. Which Article has been replaced by ‗[3]‘ in the above paragraph?
a) 191
b) 192
c) 193
d) 194
CORRECT ANSWER : OPTION D
115. In which of the following cases, the International Court of Justice pointed out that when
in regard to any matter of practice, two states follow it repeatedly for a long time, it becomes
a binding customary rule?
a) West Rand Central Gold Mining Company Ltd Case
b) South West Africa Case
c) Right of Passage over Indian Territory Case
d) North Sea Continental Shelf Case
CORRECT ANSWER : OPTION C
116. Doctrine of ―Sic utere tuo ut alienum non leadas‖ is contained in which of the
following?
a) Basel Convention, 1989
b) Principle 21 of Rio Declaration
c) Kyoto Protocol, 1997
d) Principles 21 and 22 of Stockholm Declaration
CORRECT ANSWER : OPTION D
Page 34 of 35
117. Advisory Opinion can be given by the International Court of Justice on Legal question:
a) On the request of Security Council Only
b) On the request of General Assembly only
c) On the request of General Assembly or Security Council or both.
d) On the request of Economic and Social Council if authorised by the Security Council.
CORRECT ANSWER : OPTION C
119. Which of the following instruments refer to the ―Polluter Pays‖ Principle for fixing the
liability in environmental cases?
a) Principle 16 of Rio Declaration
b) International Convention on Oil Pollution Preparedness, Response and Cooperation, 1990.
c) Convention on Transboundary Effects of Industrial Accidents 1992.
d) All of the above.
CORRECT ANSWER : OPTION D
120.International Court of Justice is different from the Supreme Court of India because:
a) It is an International Court having jurisdiction on all countries.
b) Its judgements are binding on all the members of United Nations.
c) Its judgements have no binding force.
d) Its jurisdiction is limited to States which have consented to its jurisdiction and its
judgements are binding only on the parties to the dispute.
CORRECT ANSWER : OPTION D
Page 35 of 35
2
CONSORTIUM OF NATIONAL LAW UNIVERSITIES
PART-A
1. The minimum number of judges of the Supreme Court who are to sit to decide any case
involving a substantial question of law as to the interpretation of the Constitution shall be:
(A) Three (B) Five
(C) Seven (D) Nine
4. The Goods and Services Tax Council shall make recommendations to the Union and the
States on a number of issues. Special provisions to how many States the Council can make
recommendations?
(A) Six (B) Eight
(C) Eleven (D) Thirteen
6. What is the total strength of the Supreme Court including the Chief Justice of India?
(A) 27 (B) 29
(C) 31 (D) 32
B 3 PG 2019
7. In which case the doctrine of severability was extended by the Supreme Court to
constitutional amendments?
(A) A.K. Gopalan v. State of Madras
(B) Golaknath v. State of Punjab
(C) Keshavananda Bharati v. State of Kerala
(D) Kihota Hollahan v. Zachilhu
8. Among the following judges, against whom the motion for removal were initiated in either
House of Parliament?
(A) Justice Ramaswamy and Justice Dinakaran
(B) Justice Ramaswamy and Justice Soumitro Sen
(C) Justice Dinakaran and Justice Soumitro Sen
(D) Justice Ramaswamy and Justice Karnan
11. If the Anglo-Indian Community is adequately represented, the President may nominate not
more than __________ members to the Lok Sabha:
(A) Three (B) Two
(C) One (D) Four
12. In which case the Supreme Court applied the doctrine of Prospective Over-ruling for the first
time to resolve a constitutional question?
(A) A. K. Gopalan v. State of Madras (B) Sajjan Singh v. State of Rajasthan
(C) Shakari Prasad v. Union of India (D) Golaknath v. State of Punjab
13. How many judges of the Supreme Court were superseded in the appointment of Justice
A.N. Ray as the Chief Justice of India?
(A) One (B) Three
(C) Two (D) None
14. The Directive Principles of State Policy were framed based on the provisions of:
(A) Swiss Constitution (B) Australian Constitution
(C) Irish Constitution (D) None
PG 2019 4 B
15. The Chief Justice of India who passed away while in office was:
(A) Justice A.N. Ray (B) Justice Sabayasachi Mukharji
(C) Justice J.S. Verma (D) Justice E.S. Venkataramiah
16. Every promise and every set of promises, forming the consideration for each other is known
as
(A) Consideration
(B) Agreement
(C) Contract
(D) Reciprocal Promises
18. Match List-I with List-II and select the correct answer using the codes given below the lists:
List-I List-II
(a) Mohiri Bibi Case 1. Remoteness of damage
(b) Satyabrata Ghose Case 2. Frustration of Contract
(c) Hadley v. Baxendale 3. Invitation to treat
(d) Carlill v. Carbolic 4. Minor‘s contract
Codes :
B 5 PG 2019
20. ‗A‘ applied for allotment of 100 shares in ‗B‘ company. A letter of allotment addressed to ‗A‘
was posted in due time, but it never reached ‗A‘. The posting of letter of allotment:
(A) completes the contract (B) does not completes the contract
(C) makes the contract voidable (D) makes the contract void
21. A takes a life insurance policy making a false statement about his health and does not
disclose the fact that he has been treated for a serious illness. In this case which one of the
following statements is correct:
(A) The Contract is void
(B) The Contract is valid
(C) Contract is voidable on the ground of fraud
(D) Contract is voidable on the ground of misrepresentation
22. In which case it has been laid down that a promise to pay subscription is binding on the
promisor if promisee has undertaken some liability on the faith of the promisee:
(A) Lalman Shukla v. Gauri Dutt (B) Kedar Nath v. Gorie Mohd
(C) Bhagwandas v. Girdhari Lal (D) Banwari Lal v. Sukhdarshan Dayal
25. Where the relations subsisting between the parties are such that one of the parties is in a
position to dominate the will of the other and uses that position to obtain an unfair
advantage over the other is known as
(A) Coercion (B) Misrepresentation
(C) Fraud (D) Undue Influence
27. The United Nations Commission on Human Rights meets every year at:
(A) The Hague (B) Geneva
(C) France (D) Spain
PG 2019 6 B
28. CEDAW was adopted by the U. N. General Assembly in the year:
(A) 1979 (B) 1989
(C) 1999 (D) 2009
30. The following Committee cannot hear individual complaints of human rights violations:
(A) Committee that monitors ICCPR
(B) Committee that monitors human rights bodies
(C) Committee on the Elimination of Racial Discrimination
(D) Committee on Torture
31. Section —————— of the Copyright Act grants an author ―special rights,‖ which exist
independently of the author‘s copyright, and subsists even after the assignment (whole or
partial) of the said copyright.
(A) 77 (B) 66
(C) 57 (D) 87
32. The —————— Amendment to the Patents Act stated that ―computer programs per se‖ is
not an ―invention‖ - raising a debate whether a computer program (―CP‖) with any additional
features such as technical features, would be patentable.
(A) 2000 (B) 1999
(C) 2001 (D) 2002
33. If any dispute arises regarding publication of work, —————— will be the final authority
to decide the same
(A) Copyright Board (B) Patent Board
(C) Appropriate government (D) None of the above
34. What are the types of inventions which are no patentable in India?
(A) invention which is frivolous or which claims anything obviously contrary to well
established natural laws;
(B) an invention the primary or intended use or commercial exploitation of which could be
contrary to public order or morality or which causes serious prejudice to human, animal
or plant life or health or to the environment;
(C) the mere discovery of scientific principle or the formulation of an abstract theory or
discovery of any living thing or non-living substance occurring in nature
(D) All the above
B 7 PG 2019
35. What is the term of a patent in the Indian system?
(A) 20 years (B) 40 years
(C) 30 years (D) 12 years
36. What are the classes of works for which copyrights protection is available in India?
(A) Original literary, dramatic, musical and artistic works
(B) Cinematograph films
(C) Sound recordings
(D) All the above
37. In the case of a work made or first published by or under the direction or control of any
public undertaking, —————— shall, in the absence of any agreement to the contrary, be
the first owner of the copyright therein.
(A) Government (B) Such public undertaking
(C) Both (A) and (B) (D) None of the above
38. If the period of assignment copyright is not stated, it shall be deemed to be ----years from the
date of assignment.
(A) 4 (B) 5
(C) 6 (D) 7
41. ‗The Courts are the capitals of law‘s empire, and judges are its princes‘ wrote:
(A) H.L.A. Hart (B) Ronald Dworkin
(C) Robert Nozick (D) John Rawls
PG 2019 8 B
42. For H.L.A. Hart, the ‗open texture of law‘ means that the regulation of areas of conduct must
be left to be developed by:
(A) law teachers (B) courts
(C) legislature (D) people at large
46. According to John Austin, the relationship between the sovereign and political independent
society is:
(A) Symmetrical (B) Asymmetrical
(C) Elliptical (D) Relative
49. ‗What are States without justice, but robber bands enlarged?‘ asked:
(A) St. Aquinas (B) St. Augustine
(C) St. Joseph (D) St. Patrick
50. The following thinker is normally associated with the secularization of natural law:
(A) Hugo Grotius (B) Antonio Gramsci
(C) Martin Heidegger (D) Auguste Comte
B 9 PG 2019
51. Which one of the following is not formally considered as an amendment to the Constitution
under Article 368?
(A) Creation of new states (B) Change in the Preamble
(C) Change in the Part IV A (D) Change in Part XII
52. Who presides over the joint sitting of the two Houses of Parliament?
(A) Speaker (B) President
(C) Vice President (D) Nominee of the Chief Justice of India.
53. Which of the following category of judges is not mentioned in the Constitution?
(A) Acting Judge. (B) Additional Judge
(C) Adhoc Judge (D) Puisne Judge
56. The Ordinance making power of the President under the Indian Constitution is:
(A) An Executive power (B) A legislative power
(C) Quasi-legislative power (D) Quasi executive power
57. The concurrent power to impose tax has been provided under:
(A) Article 246 (B) List III of Schedule VII
(C) Article 307 (D) Article 246 A
60. Which one of the following is the correct statement in relation to the Collegium?
(A) Appointment and transfer of judges in the higher judiciary
(B) Appointment and transfer of judges in the judiciary
(C) Appointment, transfer and removal of judges in the judiciary
(D) Appointment, transfer, recusal and removal of judges in the judiciary
PG 2019 10 B
61. The Vice – President of India can be removed from office by:
(A) Impeachment.
(B) Resolution passed by both Houses of Parliament.
(C) Resolution passed by the Council of States and agreed to by the House of the People.
(D) Resolution by both Houses and Order signed by the President of India.
62. The President decides on disqualification of Members of Parliament under Article 103 only
on the advice of:
(A) Council of Ministers
(B) Constitution Bench of the Supreme Court of India
(C) Election Commission
(D) Chief Justice of India.
63. The recent amendment to the Constitution of India paving way for 10% reservation for
Economically Weaker sections was done by amending:
(A) Article 14 (B) Articles 15 and 16
(C) Article 15 (D) Article 338
64. How many amendments have been made to the Indian Constitution so far?
(A) 102 (B) 121
(C) 103 (D) 126
65. The National Commission for Backward Classes was created by:
(A) The Constitution (One Hundred and First Amendment) Act, 2016
(B) The Constitution (One Hundred and Second Amendment) Act, 2018
(C) The Constitution (One Hundred and Third Amendment) Act, 2019
(D) The Constitution (One Hundredth Amendment) Act, 2015
67. Passive euthanasia under certain circumstance is permissible was upheld in the case of:
(A) Aruna Ramachandra Shanbaug v. Union of India
(B) Gian Kaur v. State of Punjab
(C) State of Maharashtra v. Maruty Sripaty Dubal
(D) P. Rathinam v. Union of India
B 11 PG 2019
68. Compensatory jurisprudence was invoked by the Supreme Court in:
(A) Keshavanada Bharathi v. State of Kerala
(B) Rudal Shah v. State of Bihar
(C) Indira Nehru Gandhi v. Rajnarain
(D) Kihota Hollohan v. Zachilhu
69. Basheshar Nath v. Commissioner of Income Tax, is often quoted with reference to the:
(A) Doctrine of Eclipse
(B) Doctrine of severability
(C) Doctrine of Waiver of Fundamental Rights
(D) Doctrine of territorial nexus
71. Reservation in promotions with consequential seniority in favour of Scheduled Castes and
Scheduled Tribes is facilitated by:
(A) Art. 16 (4A) (B) Art. 16(3)
(C) Art. 16 (4B) (D) Art. 15 (3)
73. Doctrine of legitimate expectation and wednesbury principles were read by Supreme Court
into:
(A) Art. 12 (B) Art.14
(C) Art. 23 (D) Art.22
74. A seven member bench of the Supreme Court unanimously struck down clauses 2(d) of
Art.323 A and Clause 3(d) of Art 323B of the Constitution relating to tribunals which
excluded the jurisdiction of High Court and Supreme Court. The court held that power of
judicial review over legislative action is vested in the High Court under Art.226 and in the
Supreme Court under Art.32. This is an integral part of the basic structure of the
constitution. Name the case:
(A) L. Chandra Kumar v. Union of India
(B) KihotaHollohon v. Zachilhu
(C) Nagaraj v. State of A.P.
(D) Rajendra Singh Rana v. Swami Prasad Maurya
PG 2019 12 B
75. The phrase ‗complete justice‘ is used in:
(A) Article 141 (B) Article 142
(C) Article 144 (D) Article 145
81. Test of directness for determining remoteness of damage was laid down in:
(A) Wagon Mound 1 (B) Wagon Mound 2
(C) Re Polemis (D) Rylands v. Fletcher
B 13 PG 2019
84. Defaming someone by words or by gestures is called in Torts as:
(A) Libel (B) Slander
(C) Nuisance (D) None
85. What defense could be used when an injury is caused to a person due to unforeseen or
unexpected events in spite of reasonable care taken by him?
(A) Inevitable accident (B) Act of third party
(C) Act of God (D) None
86. Under Section 57 of Indian Penal Code, in calculating fractions of terms of punishment,
‗imprisonment for life‘ shall be reckoned as equivalent to imprisonment for:
(A) twenty years (B) twelve years
(C) thirty years (D) imprisonment till death
87. ‗A‘ a soldier, fires on a mob by the order of his superior officer, in conformity with the
commands of the law. Choose the correct statement:
(A) A has committed the offence of murder
(B) A has committed the offence of culpable homicide
(C) A has committed no offence
(D) A has committed the offence of riot.
88. The principle that ―Nothing is an offence which is done by a child under seven years of age‖ is
provided under:
(A) Section 81 of I.P.C. (B) Section 82 of I.P.C.
(C) Section 83 of I.P.C. (D) Section 84 of I.P.C.
89. Every person has a right to defend —————— against any offence:
(A) his own body only
(B) his own body and the body of his relatives only
(C) his own body and the body of any other person
(D) he has no right to defend against any offence affecting the human body
91. The right of private defense of property against theft continues till:
(A) the offender has effected his retreat with the property
(B) the assistance of the public authorities is obtained
(C) the property has been recovered
(D) All of the above
PG 2019 14 B
92. A person abets the doing of a thing by:
(A) Instigating any person (B) Engages in any conspiracy
(C) Intentionally aiding (D) All of the above
93. When two or more persons agree to do an illegal act, such an act is known as:
(A) Abetment (B) Public Tranquility
(C) Criminal conspiracy (D) All of the above
100. The Rome Statute of the International Criminal Court was adopted in the year:
(A) 1998 (B) 1999
(C) 2000 (D) 2001
––––––––––––––––
B 15 PG 2019
SPACE FOR ROUGH WORK
PG 2019 16 B
CONSORTIUM OF NATIONAL LAW UNIVERSITIES
PART-B
Maximum marks: 50
Instructions :
1. Briefly explain and critically evaluate the VVPAT and EVM in the light of contemporary
developments.
2. The Supreme Court observed that the Ordinance making power has been used to such an
extent that its use has become ‗fraud on the Constitution‘. Critically examine this statement
in the light of constitutional provisions, practices / conventions and judicial decisions.
3. Briefly explain and critically evaluate the concept of ―victims‘ compensation‖ in India in the
light of statutory provisions and judicial decisions.
4. What is meant by generic drugs? Explain its importance in the light of judicial decisions in
India.
5. Terrorism has become an international issue for long without finding any solution. Briefly
explain and critically evaluate the same in the light of contemporary developments.
————————
B 17 PG 2019
Notations :
Question Paper Name: Common Law Admission Test CLAT 2015 POST GRADUATE COURSES Actual
Subject Name:
Group Number : 1
Group Id : 2
Group Maximum Duration : 0
Group Minimum Duration : 120
Revisit allowed for view? : No
Revisit allowed for edit? : No
Break time: 0
Group Marks: 150.0
Section Id : 6
Section Number : 1
Section type : Online
Mandatory or Optional: Mandatory
Number of Questions: 50
Number of Questions to be attempted: 50
Section Marks: 50.0
Sub-Section Number: 1
Sub-Section Id: 6
Question Shuffling Allowed : Yes
Options :
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CLAT - 2016
Section : Constitutional Law
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
1
Q.1
The
total
number
of
members
in
the
Legislative
Council
of
a
State
having
such
a
Council
shall
not
exceed:
Ans
1.
two-‐third
of
the
total
number
of
members
in
the
Legislative
Assembly
of
that
State.
2.
the
total
number
of
members
in
the
Legislative
Assembly
of
that
State.
3.
one-‐half
of
the
total
number
of
members
in
the
Legislative
Assembly
of
that
State.
4.
one-‐third
of
the
total
number
of
members
in
the
Legislative
Assembly
of
that
State.
Ans
1.
Articles
19
and
21
2.
Articles
20
and
21
3.
Articles
21
and
22
4.
Articles
19
and
20
Ans
1.
Article
134
2.
Article
142
3.
Article
137
4.
Article
135
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
4
Q.4
Which
Article
of
the
Constitution
says
that
Law
declared
by
the
Supreme
Court
shall
be
binding
on
all
courts
within
the
territory
of
India?
Ans
1.
Article
142
2.
Article
141
3.
Article
140
4.
Article
146
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
5
Q.5
The
concept
of
curative
petition
was
applied
by
the
Supreme
Court
in
the
case
of:
Ans
1.
P.A.
Inamdar
v.
State
of
Maharashtra
(2005)
2.
Ashok
Kumar
Thakur
v.
UOI
(2008)
3.
Rupa
Ashok
Hurra
v.
Ashok
Hurra
(2002)
4.
Om
Kumar
v.
UOI
(2002)
Ans
1.
Supreme
Court
2.
Elected
members
of
Parliament
and
State
Legislative
Assemblies
3.
Election
Commission
of
India
4.
Parliament
in
consultation
with
Election
Commission
of
India
Linked
Answer
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option
in
the
following
questions:
Sub
Question
No
:
7
Q.7
Under
which
Article
of
the
Constitution,
a
Commission
to
investigate
the
conditions
of
Backward
Classes
can
be
appointed
by
the
President
of
India?
Ans
1.
Article
340
2.
Article
341
3.
Article
342
4.
Article
16
(4)
Ans
1.
A
law
put
into
the
IX
Schedule
of
the
Constitution
cannot
be
challenged
on
the
ground
of
violation
of
basic
structure
2.
Only
those
laws
which
have
been
put
into
the
IX
Schedule
after
24th
April,
1973
can
be
challenged
on
the
ground
of
violation
of
basic
structure
3.
A
law
put
into
the
IX
Schedule
of
the
Constitution
can
be
challenged
on
the
ground
of
violation
of
basic
structure,
irrespective
of
the
fact
when
the
law
was
put
in
the
IX
Schedule
4.
Only
those
laws
which
have
been
put
into
the
IX
Schedule
after
10th
May,
1973
can
be
challenged
on
the
ground
of
violation
of
basic
structure
Ans
1.
No
person
shall
be
prosecuted
or
punished
for
the
same
offence
more
than
once.
2.
No
person
shall
be
prosecuted
and
punished
for
the
same
offence
more
than
once.
3.
No
person
shall
be
punished
for
the
same
offence
more
than
once.
4.
No
person
shall
be
prosecuted
for
the
same
offence
more
than
once.
Ans
1.
Kesavananda
Bharti
v.
State
of
Kerala,
AIR
1973
SC
1461.
2.
Aruna
Shanbaug
v.
UOI
(2011)
4
SCC
454
3.
Selvi
v.
State
of
Karnataka
(2010)
7
SCC
263
4.
Bachpan
Bachao
Andolan
v.
UOI
(2011)
5
SCC
1
Linked
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following
questions:
Sub
Question
No
:
11
Q.11
The
conclusive
part
of
Article
31
C,
i.e.
"and
no
law
containing
a
declaration
that
it
is
for
giving
effect
to
such
policy
shall
be
called
in
question
in
any
court
on
the
ground
that
it
does
not
give
effect
to
such
policy"
was
struck
down
by
the
Supreme
Court
in
the
case
of:
Ans
1.
Kesavananda
Bharti
v.
State
of
Kerala,
AIR
1973
SC
1461
2.
Bhim
Singh
v.
UOI,
AIR
1981
SC
234
3.
Golak
Nath
v.
State
of
Punjab,
AIR
1967
SC
1643
4.
Minerva
Mills
v.
UOI,
AIR
1980
SC
1789
Linked
Answer
Question:
Direction:
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the
most
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option
in
the
following
questions:
Sub
Question
No
:
12
Q.12
In
which
case
Articles
323
A
(2)
(d)
and
Article
323
B
(3)
(d)
were
declared
unconstitutional
to
the
extent
they
exclude
the
jurisdiction
of
the
High
Courts
and
the
Supreme
Court
under
Articles
226/227
and
32
of
the
Constitution?
Ans
1.
L.
Chandra
Kumar
v.
Union
of
India
(1997)
2.
I.R.
Coelho
v.
State
of
Tamil
Nadu
(2007)
3.
Maneka
Gandhi
v.
Union
of
India
(1978)
4.
S.P.
Sampath
Kumar
v.
Union
of
India
(1987)
Ans
1.
one
year
2.
till
it
is
revoked
by
the
Parliament
3.
six
months
4.
three
year
Ans
1.
51
Bangladeshi
and
51
Indian
enclaves.
2.
111
Indian
and
111
Bangladeshi
Enclaves.
3.
51
Bangladeshi
and
111
Indian
Enclaves.
4.
111
Bangladeshi
and
51
Indian
Enclaves.
Ans
1.
Rajnath
Singh
v.
Hon'ble
Speaker
Lok
Sabha
(2008)
2.
In
re
Keshav
Singh
case
(1965)
3.
Amrinder
Singh
v.
Punjab
Vidhan
Sabha
(2010)
4.
Raja
Ram
Pal
v.
Hon'ble
Speaker
Lok
Sabha
(2007)
Linked
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following
questions:
Sub
Question
No
:
16
Q.16
If
any
question
arises
as
to
whether
a
member
of
either
House
of
Parliament
has
become
subject
to
any
of
the
disqualifications
mentioned
in
Clause
(1)
of
Article
102
of
the
Constitution,
the
question
shall
be
referred
for
the
decision
of
the
_______
and
his
decision
shall
be
final.
Ans
1.
Prime
Minister
2.
Vice-‐President
3.
Speaker/Chairman
of
the
House
4.
President
Linked
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Sub
Question
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:
17
Q.17
Which
Article
of
the
Constitution
puts
obligation
on
the
State
to
promote
with
special
care
the
educational
and
economic
interests
of
the
weaker
sections
of
the
people,
and,
in
particular,
of
the
Scheduled
Castes
and
the
Scheduled
Tribes?
Ans
1.
Article
46
2.
Article
43
3.
Article
45
4.
Article
21-‐A
Ans
1.
proved
misbehavior
or
incapacity
2.
proved
misbehavior
and
misconduct
3.
violation
of
the
Constitution
4.
proved
misbehavior
Linked
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Sub
Question
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:
19
Q.19
An
Ordinance
promulgated
by
the
President
under
Article
123
of
the
Constitution
shall
cease
to
operate
at
the
expiration
of
____
from
the
reassembly
of
Parliament,
or,
if
before
the
expiration
of
that
period
resolutions
disapproving
it
are
passed
by
both
the
Houses
of
Parliament
and
in
such
case
upon
the
passing
of
the
second
of
those
resolutions;
and
may
be
withdrawn
at
any
time
by
the
President.
Ans
1.
two
months
2.
six
months
3.
six
weeks
4.
one
month
Linked
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following
questions:
Sub
Question
No
:
20
Q.20
By
which
amendment
to
the
Constitution,
Article
16
(4B)
was
added?
Ans
1.
The
Constitution
(Eighty-‐fifth
Amendment)
Act,
2001
2.
The
Constitution
(Ninetieth
Amendment)
Act,
2003
3.
The
Constitution
(Eighty-‐first
Amendment)
Act,
2000
4.
The
Constitution
(Eighty-‐second
Amendment)
Act,
2000
Linked
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following
questions:
Sub
Question
No
:
21
Q.21
Which
Schedule
of
the
Constitution
of
India
deals
with
the
provisions
as
to
disqualification
on
ground
of
defection?
Ans
1.
X
2.
VIII
3.
VII
4.
IX
Ans
1.
the
Constitution
(Ninety-‐second
Amendment)
Act,
2003
2.
the
Constitution
(
Eighty-‐fifth
Amendment)
Act,
2001
3.
the
Constitution
(Forty-‐second
Amendment)
Act,
1976
4.
the
Constitution
(Eighty-‐sixth
Amendment)
Act,
2002
Linked
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following
questions:
Sub
Question
No
:
23
Q.23
The
doctrine
of
"occupied
field"
was
applied
by
the
Supreme
Court
in
the
case
of:
Ans
1.
Union
of
India
v.
Tulsi
Ram
Patel
(1985)
2.
A.
B.
Krishna
v.
State
of
Karnataka
(1998)
3.
I.
R.
Coelho
v.
Union
of
India
(2007)
4.
Kesavananda
Bharti
v.
State
of
Kerala
)1973)
Ans
1.
Article
267
2.
Article
266
3.
Article
269
4.
Article
268
Ans
1.
after
the
Bill
has
been
passed
for
the
second
time
by
the
Legislative
Assembly
and
more
than
six
months
elapse
from
the
date
on
which
the
Bill
is
laid
for
the
second
time
before
the
Legislative
Council
without
the
Bill
being
passed
by
it.
2.
after
the
Bill
has
been
passed
for
the
second
time
by
the
Legislative
Assembly
and
more
than
three
months
elapse
from
the
date
on
which
the
Bill
is
laid
for
the
second
time
before
the
Legislative
Council
without
the
Bill
being
passed
by
it.
3.
only
in
the
form
in
which
it
is
passed
in
the
joint
sitting
of
both
the
Houses
of
the
State
Legislature.
4.
after
the
Bill
has
been
passed
for
the
second
time
by
the
Legislative
Assembly
and
more
than
one
month
elapses
from
the
date
on
which
the
Bill
is
laid
for
the
second
time
before
the
Legislative
Council
without
the
Bill
being
passed
by
it.
Ans
1.
two
months
from
the
date
of
occurrence
of
the
vacancy
2.
six
months
from
the
date
of
occurrence
of
the
vacancy
3.
one
month
from
the
date
of
occurrence
of
the
vacancy
4.
three
months
from
the
date
of
occurrence
of
the
vacancy
Ans
1.
Speaker
of
the
House
2.
Prime
Minister
3.
President
4.
Finance
Minister
Linked
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following
questions:
Sub
Question
No
:
28
Q.28
By
which
amendment
the
ground
of
"armed
rebellion"
for
imposing
national
emergency
was
substituted
for
the
ground
"internal
disturbance"?
Ans
1.
The
Constitution
(Thirty-‐ninth
Amendment)
Act,
1975
2.
The
Constitution
(Forty-‐second
Amendment)
Act,
1976
3.
The
Constitution
(Fiftieth
Amendment)
Act,
1984
4.
The
Constitution
(Forty-‐fourth
Amendment)
Act,
1978
Ans
1.
religion
and
language
2.
language
3.
religion
or
language
4.
religion
Ans
1.
Democratic
Union
v.
Govt.
of
India
(2015)
2.
Ramprakash
v.
State
of
UP
(2013)
3.
Peoples
Union
for
Civil
Liberty
v.
State
of
Maharashtra
(2000)
4.
National
Legal
Services
Authority
v.
Union
of
India
(2014)
Linked
Answer
Question:
Direction:
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the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
31
Q.31
In
which
case
the
Supreme
Court
declared
Clauses
(4)
and
(5)
of
Article
368
of
the
Constitution
as
unconstitutional?
Ans
1.
Minerva
Mills
Ltd.
v.
Union
of
India
(1980)
2.
I.R.
Coelho
v.
Union
of
India
(2007)
3.
Indira
Nehru
Gandhi
v.
Raj
Narain
(1976)
4.
L.
Chandra
Kumar
v.
Union
of
India
(1997)
Linked
Answer
Question:
Direction:
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the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
32
Q.32
In
which
case
the
Supreme
Court
of
India
held
that
"right
to
life"
does
not
include
"right
to
die"?
Ans
1.
Gian
Kaur
v.
State
of
Punjab
(1996)
2.
State
of
Maharashtra
v.
Maruti
Sripati
(1987)
3.
Mithu
v.
State
of
Punjab
(1983)
4.
P.
Rathinam
v.
Union
of
India
(1994)
Ans
1.
war,
external
aggression
and
armed
rebellion
2.
external
aggression
3.
external
aggression
and
armed
rebellion
4.
external
aggression
and
internal
disturbance
Ans
1.
Article
361
-‐
A
2.
Article
361
3.
Article
361
-‐
B
4.
Article
362
Linked
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following
questions:
Sub
Question
No
:
35
Q.35
Article
29
(2)
of
the
Constitution
provides
that
"No
citizen
shall
be
denied
admission
into
any
educational
institution
maintained
by
the
State
or
receiving
aid
out
of
State
funds
on
grounds
only
of:
Ans
1.
religion,
race,
caste,
place
of
birth,
language
or
any
of
them.
2.
religion,
race,
caste,
language
or
any
of
them.
3.
race,
caste,
sex,
language
or
any
of
them.
4.
religion
race,
caste,
sex,
language
or
any
of
them.
Linked
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the
following
questions:
Sub
Question
No
:
36
Q.36
The
joint
sitting
of
both
the
Houses
of
Parliament
in
certain
cases
can
be
called
by
the
President
under
Article:
Ans
1.
107
2.
110
3.
108
4.
109
Ans
1.
Elected
members
of
both
the
Houses
of
Parliament,
members
of
the
Legislative
Assemblies
of
the
States
and
elected
members
of
the
Legislative
Assemblies
of
Delhi
and
Pondicherry.
2.
Members
of
both
the
Houses
of
Parliament,
members
of
Legislative
Assemblies
of
States
and
Legislative
Assemblies
of
Delhi
and
Pondicherry.
3.
Elected
members
of
both
the
Houses
of
Parliament,
members
of
the
Legislative
Assemblies
of
States
including
National
Capital
Territory
of
Delhi
and
the
Union
Territory
of
Pondicherry.
4.
Elected
members
of
both
the
Houses
of
Parliament
and
elected
members
of
Legislative
Assemblies
of
the
States
including
National
Capital
Territory
of
Delhi
and
the
Union
Territory
of
Pondicherry.
Ans
1.
Rudal
Sah
v.
State
of
Bihar
(1983)
2.
PUDR
v.
Union
of
India
(1983)
3.
Nilabati
Behera
v.
State
of
Orissa
(1993)
4.
Maneka
Gandhi
v.
Union
of
India
(1978)
Linked
Answer
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most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
39
Q.39
In
which
case
the
Supreme
Court
observed
that
there
is
no
fundamental
right
to
strike?
Ans
1.
Sodan
Hussain
v.
N.D.M.C.
(1989)
2.
Delhi
Police
Non-‐Gazetted
Karamchari
Union
v.
Union
of
India
(1987)
3.
T.
K.
Rangarajan
v.
State
of
Tamil
Nadu
(2003)
4.
Manohar
Lal
v.
State
of
Punjab
(1961)
Ans
1.
Savita
Kumari
v.
Chandigarh
Admn.
2.
Orphan
Society
v.
Delhi
Admn.
3.
Suchita
Srivastava
v.
Chandigarh
Admn.
4.
Suchita
Krishnan
v.
Delhi
Admn.
Ans
1.
Subject
to
the
provisions
of
this
Constitution
2.
Notwithstanding
anything
provided
by
this
Constitution
3.
Except
as
expressly
provided
by
this
Constitution
4.
Subject
to
the
provision
of
Article
311
Linked
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the
following
questions:
Sub
Question
No
:
42
Q.42
Under
which
Articles
of
the
Constitution
the
rights
given
therein
are
available
only
to
the
citizens
of
India?
Ans
1.
Articles
15,
16,
19
and
17
2.
Articles
15,
16,
19
and
21
3.
Articles
15,
16,
19
and
29
4.
Articles
15,
16,
19
and
25
(2)
Linked
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Sub
Question
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:
43
Q.43
Which
Article
of
the
Constitution
puts
a
duty
on
every
citizen
of
India
to
renounce
practices
derogatory
to
the
dignity
of
the
woman?
Ans
1.
Article
21
2.
Article
51
A
(g)
3.
Article
51
A
(e)
4.
Article
19
Linked
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Sub
Question
No
:
44
Q.44
In
which
case
the
Supreme
Court
upheld
the
use
of
Aadhaar
Card
for
certain
government
schemes?
Ans
1.
K.
S.
Puttaswamy
v.
UOI
2.
Sandeep
v.
UOI
3.
M.
C.
Mehta
v.
UOI
4.
PUDR
v.
UOI
Ans
1.
Article
76
2.
Article
78
3.
Article
79
4.
Article
77
Ans
1.
of
the
High
Court
only
2.
of
the
High
Court
as
well
as
Supreme
Court
3.
neither
of
the
High
Court
nor
of
the
Supreme
Court
4.
of
the
Supreme
Court
only
Linked
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following
questions:
Sub
Question
No
:
47
Q.47
Which
of
the
following
statement
is
correct?
Ans
1.
Some
provisions
of
the
Constitution
came
into
force
on
26.11.1949
and
the
remaining
provisions
came
into
force
on
26.01.1950.
2.
All
the
provisions
of
the
Constitution
came
into
force
on
15.08.1947.
3.
Some
provisions
of
the
Constitution
came
into
force
on
15.08.1947
and
the
remaining
provisions
came
into
force
on
26.11.1949.
4.
All
the
provisions
of
the
Constitution
came
into
force
on
26.01.1950.
Linked
Answer
Question:
Direction:
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the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
48
Q.48
By
which
amendment
to
the
Constitution,
Article
13
(4)
was
added?
Ans
1.
The
Constitution
(Twenty-‐fifth
Amendment)
Act,
1971
2.
The
Constitution
(Twenty-‐fourth
Amendment)
Act,
1971
3.
The
Constitution
(Twenty-‐ninth
Amendment)
Act,
1972
4.
The
Constitution
(Twenty-‐third
Amendment)
Act,
1969
Ans
1.
15%
of
the
total
number
of
members
of
the
Parliament
2.
15%
of
the
total
number
of
members
of
House
of
the
People
3.
15%
of
the
total
number
of
elected
members
of
House
of
the
People
and
Council
of
States
4.
15%
of
the
total
number
of
members
of
the
Council
of
States
Linked
Answer
Question:
Direction:
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the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
50
Q.50
In
which
case
the
Supreme
Court
upheld
the
Haryana
Panchayati
Raj
Act
prescribing
minimum
educational
qualifications
for
contesting
elections
of
Panchayats?
Ans
1.
Chaudhry
Ranbir
Singh
v.
State
of
Haryana
2.
Ravibala
v.
State
of
Haryana
3.
Rajbala
v.
State
of
Haryana
4.
Chaudhry
Ravi
Singh
v.
State
of
Haryana
Section : Jurisprudence
Linked
Answer
Question:
Direction:
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the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
1
Q.1
The
Indian
Penal
Code
is
a:
Ans
1.
customary
code
2.
consolidating
code
3.
refined
code
4.
creative
code
Ans
1.
Duguit
2.
Keeton
3.
Ihering
4.
Salmond
Linked
Answer
Question:
Direction:
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the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
3
Q.3
"
The
movement
of
progressive
societies
has
hitherto
been
a
movement
from
status
to
contract".
This
was
stated
by:
Ans
1.
Savigny
2.
Maitland
3.
Savigny
and
Maine
4.
Maine
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
4
Q.4
The
absolutist
theories
of
sovereignty
were
given
by:
Ans
1.
Bodin,
Hobbes
and
Austin
2.
Austin;
Almond
and
Maine
3.
Austin,
Kelsen
and
Maine
4.
Austin;
Bentham
and
Savigny
Linked
Answer
Question:
Direction:
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the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
5
Q.5
While
differentiating
between
judicial
and
legislative
creativity,
it
was
stated
that
"the
creative
power
of
the
courts
is
limited
by
existing
legal
material
at
their
command.
They
find
the
material
and
shape
it.
The
legislature
may
manufacture
entirely
new
material".
Who
made
this
statement?
Ans
1.
Savigny
2.
Allen
3.
Salmond
4.
Austin
Ans
1.
Comte
2.
Hegel
3.
Savigny
4.
Puchta
Ans
1.
Julius
Stone
2.
John
Locke
3.
Kelsen
4.
Ihering
Linked
Answer
Question:
Direction:
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the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
8
Q.8
Which
of
the
following
is
said
to
be
"Nine
Points
in
Law"?
Ans
1.
Ownership
2.
Right
3.
Possession
4.
Might
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
9
Q.9
Who
said
that
"Certainty
of
law
is
a
legal
myth"?
Ans
1.
Kelsen
2.
Salmond
3.
Jerome
Frank
4.
Holmes
Ans
1.
A
righteous
claim
2.
A
legal
claim
3.
A
just
claim
4.
A
moral
claim
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
11
Q.11
According
to
the
"Purpose
theory"
of
personality:
Ans
1.
The
dignity
of
being
a
"juristic
person"
as
having
to
be
conceded
by
the
State.
2.
beneficiary
of
a
foundation
is
a
person.
3.
person
is
applicable
only
to
human
beings.
4.
corporate
entity
is
a
person.
Ans
1.
Intangible
rights
2.
Rights
in
one's
own
things
3.
Tangible
rights
4.
Rights
in
the
things
of
others
Ans
1.
possessio
civilis
2.
practor's
interdicts
3.
possessio
naturales
4.
possessio
interdicts
Linked
Answer
Question:
Direction:
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the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
14
Q.14
Which
of
the
following
was
the
famous
work
of
Jermy
Bentham?
Ans
1.
Limits
of
Jurisprudence
Defined
2.
The
Concept
of
Law
3.
The
Spirit
of
Law
4.
Province
of
Law
Determined
Linked
Answer
Question:
Direction:
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the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
15
Q.15
According
to
Historical
School,
the
most
important
source
of
law
is:
Ans
1.
Judicial
Precedent
2.
Legislation
3.
Custom
4.
Morality
Linked
Answer
Question:
Direction:
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the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
16
Q.16
Who
stated,
"Common
law
is
essentially
judge
made
law"?
Ans
1.
Salmond
2.
Pollock
3.
Holmes
4.
Blackstone
Ans
1.
Effect
of
law
on
international
order
2.
Effect
of
law
on
society
3.
Effect
of
law
on
morality
4.
Effect
of
law
on
religion
Ans
1.
Pure
2.
Natural
3.
Historical
4.
Philosophical
Linked
Answer
Question:
Direction:
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the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
19
Q.19
Which
of
the
following
is
not
a
characteristic
of
sovereignty
as
per
Austin's
analysis?
Ans
1.
Essentiality
2.
Indivisibility
3.
Illimitability
4.
Divinity
Ans
1.
Durkheim
2.
Roscoe
Pound
3.
Henry
Marne
4.
Ehrlich
Ans
1.
Ignorance
of
fact
is
no
excuse
2.
Ignorance
of
law
is
excuse
3.
Ignorance
of
law
is
no
excuse
4.
Ignorance
of
fact
is
excuse
Linked
Answer
Question:
Direction:
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the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
22
Q.22
Who
was
the
author
of
"The
Province
of
Jurisprudence
Determined"?
Ans
1.
Kelsen
2.
Dias
3.
Austin
4.
Salmond
Ans
1.
Sovereign
2.
Higher
Legal
Norm
3.
Higher
Moral
Norm
4.
Higher
Social
Norm
Ans
1.
Salmond
2.
Allen
3.
Hegel
4.
Paton
Linked
Answer
Question:
Direction:
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the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
25
Q.25
Fill
in
the
blanks
by
choosing
the
correct
option:
_________________
justice
prescribes
equality.
There
has
to
be
equal
distribution
among
equals,
unequal
distribution
among
unequals.
_____________
justice
seeks
to
restore
equality,
when
this
has
been
shaken,
on
the
assumption
that
the
situation
that
has
been
upset
was
distributively
first.
Ans
1.
Distributive,
Corrective
2.
Classic,
Corrective
3.
Particular,
Distributive
4.
Universal,
Classic
Linked
Answer
Question:
Direction:
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option
in
the
following
questions:
Sub
Question
No
:
26
Q.26
In
India,
which
of
the
following
cannot
logically
be
said
to
be
the
manifestation
of
"VOLKSGEIST"?
Ans
1.
GURUKUL
Education
2.
Community
Labour
(SHRAMDAN)
3.
Untouchability
4.
Panchayat
system
Linked
Answer
Question:
Direction:
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the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
27
Q.27
Who
stated
that
"I
recognize
without
hesitation
that
judges
must
and
do
legislate,
but
they
do
so
only
interstitially;
they
are
confined
from
molar
to
molecular
motions"?
Ans
1.
Justice
Holmes
2.
Grey
3.
Kant
4.
Justice
Cardozo
Ans
1.
Law
is
to
serve
social
purpose
2.
Law
is
a
means
not
an
end
3.
Law
is
the
command
of
the
sovereign
4.
Law
is
a
normative
science
Ans
1.
Population,
Territory,
Sovereignty
and
Divinity
2.
Population,
Territory,
Government
and
Sovereignty
3.
Population,
Sovereignty
and
Territory
and
Equality
4.
Sovereignty,
Government
and
Territory
and
Morality
Linked
Answer
Question:
Direction:
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the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
30
Q.30
Savigny,
Salmond
and
Dicey
were
the
main
supporters
of
which
theory
of
personality?
Ans
1.
Organic
theory
2.
Concession
theory
3.
Bracket
theory
4.
Fiction
theory
Linked
Answer
Question:
Direction:
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the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
31
Q.31
According
to
Hohfeld
what
is
the
"jural
opposite"
of
power?
Ans
1.
Right
2.
Liability
3.
Disability
4.
Duty
Ans
1.
C.K.
Allen
2.
Kelsen
3.
Upendra
Baxi
4.
Henry
Maine
Linked
Answer
Question:
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the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
33
Q.33
According
to
Hohfeld
if
'X'
has
a
power,
'Y'
has
a
liability.
A
liability
in
'Y'
means
the
absence
of
immunity
in
him.
Therefore,:
Ans
1.
There
is
no
relation
between
power
and
liability.
2.
Power
and
liability
are
"jural
contradicts".
3.
Power
and
liability
are
"jural
opposites".
4.
Power
and
liability
are
"jural
correlatives.
Linked
Answer
Question:
Direction:
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the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
34
Q.34
Salmond
distinguished
between
"corporeal
possession"
and
"incorporeal
possession".
According
to
him
corporeal
possession
refers
to:
Ans
1.
Possession
of
physical
objects
2.
Possession
of
rights
3.
intention
to
possess
physical
objects
4.
intention
to
possess
rights
Ans
1.
Duguit
2.
Ihering
3.
Pound
4.
Kelsen
Ans
1.
Savigny
2.
Duguit
3.
Wurzel
4.
Hegel
Linked
Answer
Question:
Direction:
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the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
37
Q.37
Who
summarized
Austin's
thesis
by
stating
that
"this,
at
first
sight,
looks
like
a
circular
reasoning.
Law
is
law
since
it
is
made
by
the
Sovereign.
The
Sovereign
is
Sovereign
because
he
makes
the
law"?
Ans
1.
Fuller
2.
Buckland
3.
Holland
4.
Hart
Linked
Answer
Question:
Direction:
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the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
38
Q.38
Who
used
the
"social
solidarity"
as
a
criterion
of
the
validity
of
Laws?
Ans
1.
Duguit
2.
Pound
3.
Kelsen
4.
Ihering
Ans
1.
X
was
in
possession
of
the
rooms
2.
The
agent
of
'X'
was
in
possession
of
the
rooms
3.
The
agent
of
'X'
and
'Y'
were
in
possession
of
the
rooms.
4.
'Y'
was
in
possession
of
the
rooms
Ans
1.
Family
2.
State
3.
Tribe
4.
Clan
Linked
Answer
Question:
Direction:
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the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
41
Q.41
Which
school
regards
the
judge
made
law
as
"an
unauthorized
encroachment
upon
the
powers
of
the
legislators
to
make
law"?
Ans
1.
Realist
school
2.
Historical
school
3.
Sociological
school
4.
Analytical
school
Linked
Answer
Question:
Direction:
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the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
42
Q.42
What
is
the
correlative
of
"Immunity",
according
to
Hohfeld?
Ans
1.
Duty
2.
Liability
3.
Disability
4.
Power
Ans
1.
natural
Law
positivist
and
sociological
approaches
2.
analytical
positivist
and
sociological
approaches
3.
historical
positivist
and
sociological
approaches
4.
natural
Law
positivist
and
historical
approaches
Linked
Answer
Question:
Direction:
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the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
44
Q.44
Right
to
one's
Reputation
is
a:
Ans
1.
right
in
rem
2.
right
in
personam
3.
an
easement
right
4.
property
right
Linked
Answer
Question:
Direction:
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the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
45
Q.45
Cicero
defined
law
as:
Ans
1.
The
highest
reason
implanted
in
nature.
2.
The
aggregate
of
rules
set
by
men
or
politically
superior,
or
sovereign,
to
men
or
politically
subject.
3.
A
social
institution
to
satisfy
social
wants.
4.
The
form
of
the
guarantee
of
the
conditions
of
life
of
society
assured
by
state's
power
of
constraint.
Ans
1.
Ihering
2.
Baker
3.
Savigny
4.
Salmond
Ans
1.
Hohfield
2.
Holmes
3.
Holland
4.
Henry
Maine
Linked
Answer
Question:
Direction:
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the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
48
Q.48
Who
is
the
author
of
the
famous
book
"The
Concept
of
Law"?
Ans
1.
Kelsen
2.
Upendra
Baxi
3.
Austin
4.
Hart
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
49
Q.49
Who
is
called
the
"father
of
English
Jurisprudence"?
Ans
1.
Kelsen
2.
John
Austin
3.
Ihering
4.
Justice
Holmes
Ans
1.
Realist
law
theories
2.
Natural
law
theories
3.
Analytical
law
theories
4.
Pure
law
theories
Section : Other Subjects such as Contract , Torts , Criminal Law , International Law, IPR etc
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
1
Q.1
'A'
signs
his
own
name
to
a
bill
of
exchange,
intending
that
it
may
be
believed
that
the
bill
was
drawn
by
another
person
of
the
same
name.
'A'
commits:
Ans
1.
attempt
of
cheating
2.
forgery
3.
attempt
of
forgery
4.
cheating
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
2
Q.2
Article
51
of
the
UN
Charter
saves
which
of
the
following
rights
as
being
inherent?
Ans
1.
Right
to
free
trade
with
member-‐States
2.
Right
to
enter
into
relations
with
other
States
3.
Right
of
self-‐defence
4.
Right
of
self-‐determination
Ans
1.
criminal
breach
of
trust
2.
theft
3.
cheating
4.
forgery
Ans
1.
invention
2.
discovery
3.
observation
4.
finding
Ans
1.
A
cannot
revoke
this
authority.
2.
The
authority
can
be
terminated
after
the
death
of
'A'.
3.
A
can
revoke
this
authority
subsequently.
4.
The
authority
can
be
terminated
on
the
ground
of
insanity
of
'A'.
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
6
Q.6
'A'
voluntarily
throws
into
a
river
a
ring
belonging
to
'Z',
with
the
intention
of
thereby
causing
wrongful
loss
to
'Z'.
'A'
has
committed:
Ans
1.
extortion
2.
theft
3.
cheating
4.
mischief
Ans
1.
Nine
years
2.
Three
years
3.
Five
years
4.
Seven
years
Ans
1.
can
adopt
another
son
with
the
permission
of
the
Court
2.
cannot
adopt
another
son
3.
can
adopt
another
son
with
the
consent
of
the
adopted
son
4.
can
adopt
another
son
Ans
1.
there
was
contributory
negligence
of
the
boy,
therefore
defendant
is
not
liable.
2.
not
liable
in
negligence
because
possession
of
the
Can
and
money
proved
that
boy
acted
as
a
reasonable
person.
3.
not
liable
in
negligence
as
the
boy
had
made
a
false
statement
and
the
defendant
believed
it
to
be
true.
4.
liable
in
negligence
for
supplying
petrol
to
so
young
a
boy
who
was
not
expected
to
know
the
properties
of
petrol.
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
10
Q.10
A,
B,
C,
D,
and
E,
while
carrying
away
property
obtained
by
theft
committed
in
a
house
fired
shots
in
the
air
with
a
view
to
scare
away
the
inmates,
from
pursuing
them.
They
are
guilty
of:
Ans
1.
extortion
2.
dacoity
3.
roit
4.
theft
Ans
1.
Fawcett
2.
Brierly
3.
Holland
4.
Grotius
Ans
1.
entitled
to
reimbursement
from
B's
property.
2.
entitled
to
partial
reimbursement
only.
3.
not
entitled
to
any
reimbursement.
4.
entitled
to
reimbursement
at
the
discretion
of
'B'.
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
13
Q.13
A'
agrees
to
buy
from
'B'
a
certain
horse.
It
turns
out
that
horse
was
dead
at
the
time
of
the
bargain,
though
neither
party
was
aware
of
the
fact.
The
agreement
is:
Ans
1.
valid
for
claim
of
compensation
2.
voidable
3.
valid
4.
void
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
14
Q.14
An
accused
head
master
of
a
school
threatens
a
lady
teacher
to
sign
certain
blank
papers
and
if
she
does
not
do
so,
he
would
defame
her.
The
head
master
is
guilty
of:
Ans
1.
extortion
2.
attempt
to
commit
defamation
3.
criminal
intimidation
4.
robbery
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
15
Q.15
The
essential
tests
for
the
existence
of
international
custom
are:
Ans
1.
uniform
states
practice
and
opinio
juris
sive
necessitatis
2.
ancient
nature
3.
ancient
nature,
uniform
states
practice
and
opinio
juris
sive
necessitatis
4.
ancient
nature,
uniform
states
practice
Ans
1.
Life
of
author
plus
25
Years
after
his/her
death
2.
Full
life
only
3.
Life
of
author
plus
50
Years
after
his/her
death
4.
Life
of
author
plus
60
Years
after
his
/her
death
Ans
1.
Ubi
remedium
ibi
jus
2.
Ubi
jus
ibi
remedium
3.
Respondeat
superior
4.
Damnum
sine
injuria
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
18
Q.18
Emission
Trading
mechanism
is
a
market
based
mechanism
provided
in:
Ans
1.
Warsaw
Amendment,
2013
2.
Kyoto
Protocol,
1997
3.
U.N.
Convention
on
Climate
Change,
1992
4.
Lima
Agreement,
2014
Ans
1.
Hadley
v.
Baxendale
2.
Solomon
v.
Solomon
3.
Harvey
v.
Facie
4.
Carllil
v.
Carbolic
Smoke
Ball
Co.
Ans
1.
The
bailment
is
automatically
terminated.
2.
The
termination
of
bailment
is
at
the
option
of
'A'.
3.
The
bailment
can
be
terminated
at
the
option
of
'B'.
4.
The
bailment
cannot
be
terminated.
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
21
Q.21
'A'
inserts
his
finger
into
the
anus
of
a
woman
against
her
will.
Under
which
one
of
the
following
Sections
of
the
Indian
Penal
Code,
1860
'A'
is
punishable?
Ans
1.
Section
377
2.
Section
354
3.
Section
376
4.
Section
509
Ans
1.
Fraudulently
or
dishonestly
2.
Dishonestly
3.
Fraudulently
4.
Fraudulently
and
dishonestly
Ans
1.
Grotius
2.
Holland
3.
Starke
4.
Oppenheim
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
24
Q.24
A'
proposes,
by
letter,
to
sell
a
house
to
'B'
at
a
certain
price.
'B'
accepts
the
proposal
of
'A'
by
posting
a
letter
to
'A'.
Select
the
correct
option:
Ans
1.
There
cannot
be
an
agreement
between
'A'
and
'B'
by
post.
2.
The
communication
of
the
acceptance
is
complete
against
'B'
when
the
letter
is
posted
by
'B'.
3.
The
communication
of
the
acceptance
is
complete
against
'B'
when
the
letter
is
received
by
'A'.
4.
The
communication
of
the
proposal
is
complete
when
letter
of
proposal
was
posted
by
'A'.
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
25
Q.25
India
acceded
to
the
International
Covenant
on
Civil
and
Political
Rights
in:
Ans
1.
1972
2.
1966
3.
1979
4.
1976
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
26
Q.26
Under
the
Copyright
Act,
1957
copyright
can
be
granted
to?
Ans
1.
invention
2.
handicrafts
3.
design
of
a
bottle
4.
literary,
dramatic,
musical
and
artistic
work
Ans
1.
Plaintiff's
own
default.
2.
Inevitable
accident.
3.
Act
of
God.
4.
Escape
of
dangerous
things
through
the
unforeseeable
act
of
a
stranger.
Ans
1.
Prosecution
of
the
plaintiff
by
the
defendant.
2.
Damage
to
the
plaintiff
due
to
malicious
prosecution.
3.
Termination
of
the
criminal
case
in
favour
of
the
defendant.
4.
Absence
of
reasonable
and
probable
cause
for
prosecution.
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
29
Q.29
Which
one
of
the
following
is
accepted
as
mens
rea
for
constituting
the
offence
of
theft?
Ans
1.
voluntarily
2.
Dishonestly
3.
Fraudulently
4.
knowingly
Ans
1.
Paris
Agreement,
2015
2.
Montreal
Protocol,
1987
3.
U.N.
Convention
on
Biodiversity,
1992
4.
Warsaw
Amendment,
2013
Ans
1.
2010
2.
2012
3.
2013
4.
2006
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
32
Q.32
In
execution
of
a
decree
for
the
maintenance,
salary
of
a
person
can
be
attached
to
the
extent
of:
Ans
1.
two
third
2.
one
half
3.
one
fourth
4.
one
third
Ans
1.
Fitzmaurice
2.
J.G.
Starke
3.
John
Austin
4.
Frederick
Pollock
Ans
1.
he
who
acts
through
others
is
deemed
in
law
as
doing
it
himself.
2.
responsibility
must
not
be
that
of
the
superior.
3.
a
person
is
responsible
for
his
wrongful
acts.
4.
an
agent
is
not
liable
to
principal.
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
35
Q.35
The
International
Criminal
Court
was
established
by:
Ans
1.
Rome
Statute,
1998
2.
UN
Charter,
1945
3.
League
of
Nations,
1919
4.
Hague
Conference,
1907
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
36
Q.36
As
per
The
Copyright
Act
1957,
who
is
not
included
in
the
definition
of
Performer?
Ans
1.
Snake
charmer
2.
Acrobat
3.
Cobbler
4.
Singer
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
37
Q.37
'A'
agrees
to
sell
his
house
worth
Rs.
5
lac
for
Rs.
1000/-‐.
'A'
denies
that
his
consent
to
the
agreement
was
freely
given.
Ans
1.
The
contract
is
void
because
of
inadequacy
of
consideration.
2.
'A'
cannot
take
this
plea
after
the
agreement.
3.
The
court
should
take
into
account
the
inadequacy
of
the
consideration
in
considering
whether
or
not
'A's
consent
was
freely
given.
4.
The
court
cannot
take
into
account
the
inadequacy
of
the
consideration
in
considering
whether
or
not
'A's
consent
was
freely
given.
Ans
1.
Macsarin
2.
Gleevec
3.
Zimmerman
4.
Aspirin
Ans
1.
void
as
to
delivery
of
heroin
and
valid
as
to
delivery
of
rice
2.
void
3.
voidable
4.
valid
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
40
Q.40
An
invention
under
the
Patent
in
India
can
be
protected
for
a
term
of
-‐
Ans
1.
20
Years
2.
50
Years
3.
10
Years
4.
25
Years
Ans
1.
Revanasiddappa
v.
Mallikarjun
AIR
2011
SC
(Supp)
155
2.
Bhaurao
Shanker
Lokhande
v.
State
of
Maharashtra
AIR
1965
SC
1564
3.
Sarla
Mudgal
v.
Union
of
India
AIR
1995
SC
1531
4.
Bharatha
Matha
v.
R.
Vijaya
Renganathan
AIR
2010
SC
2685
Ans
1.
'X'
alone
as
legal
representative
2.
'Y'
alone
as
legal
representative
3.
'X',
'Y'
and
the
husband
of
Y
as
legal
representatives
4.
'X'
and
'Y'
both,
as
legal
representatives
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
43
Q.43
Which
one
of
the
following
essentials
for
seeking
claim
of
patent
is
wrong?
Ans
1.
Compulsory
Licensing
2.
Non-‐obviousness
3.
Novelty
4.
Industrial
Utility
Ans
1.
fault
Liability
2.
negligence
3.
absolute
liability
4.
wrongful
intention
Ans
1.
U.N.
General
Assembly
2.
Security
Council
3.
Economic
and
Social
Council
4.
W.H.O.
Ans
1.
Wrongful
intention
2.
Defamatory
statement
3.
Referring
to
the
Plaintiff
4.
Publication
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
47
Q.47
For
fixing
vicarious
liability
of
master
in
tort
for
the
wrongs
committed
by
servant,
master
servant
relationship
is
determined
on
the
basis
of:
Ans
1.
employment
2.
payment
of
wages
3.
conditions
of
service
4.
control
of
master
over
servant's
acts
Linked
Answer
Question:
Direction:
Choose
the
most
appropriate
option
in
the
following
questions:
Sub
Question
No
:
48
Q.48
Under
the
Indian
Contract
Act,
1872
a
finder
of
goods
is
subject
to
the
same
duties
as
a:
Ans
1.
custodian
2.
owner
3.
bailee
4.
trustee
Ans
1.
The
comment
must
be
an
assertion
of
fact.
2.
The
comment
must
be
fair.
3.
The
matter
commented
on
must
be
of
public
interest.
4.
The
comment
must
not
be
malicious.
Ans
1.
'C'
is
bound
to
repay
Rs.
100/-‐
to
'B'.
2.
C'
is
not
bound
to
repay
Rs.
100/-‐
to
either
'A'
or
'B'
because
'B'
paid
on
his
own.
3.
C'
is
bound
to
pay
Rs.
50/-‐
to
'B'.
4.
C'
is
bound
to
pay
Rs.
100/-‐
each
to
'A'
and
'B'.
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CLAT 2018 - PG
2. Rights over resources within the territorial waters, continental shelf and exclusive
economic zone, vest in the Union of India, under which provision of the Constitution of
India?
A. Article 297
B. Article 51
C. Article 253
D. Article 260
3. Which of the following is not a special procedure or feature in respect of a Money Bill?
4. Which of the following shall not be eligible for further office under the Government of
India or Government of any State?
A. Article 40
B. Article 21A
1
C. Article 23
D. Article 48
A. Banking
B. Police
C. Rights in land
D. Officers and servants of the High Court
8. In which of the following judgments was it held that the jurisdiction conferred upon the
High Courts under Article 226 and upon the Supreme Court under Article 32 of the
Constitution is part of the inviolable basic structure of the Constitution of India?
10. Which of the following is the correct position in law regarding administration of narco-
analysis techniques, in the light of the judgment in Selvi v. State of Karnataka (2010) 7
SCC 263?
(i) Compulsory administration constitutes cruel, inhuman or degrading treatment in
the context of Article 21.
(ii) Compulsory administration violates the right against self-incrimination under
Article 20(3).
2
(iii) Compulsory administration may, however, be justifiable in compelling public
interest in combatting terrorist activities.
(iv) Information subsequently discovered with the help of voluntarily administered
narco-analysis results may be admitted in evidence.
11. The Constitution (One Hundred and First) Amendment Act, 2016 was required to be
ratified by the Legislature of not less than one half of the State Legislatures because it
sought to make changes in:
(i) Chapter I of Part XI of the Constitution dealing with legislative relations
between the Union and the States.
(ii) Lists I and II of the Seventh Schedule to the Constitution.
(iii) the Sixth Schedule to the Constitution.
(iv) Part XIII of the Constitution dealing with trade, commerce and intercourse
within India.
13. A majority of not less than two-third of the membership of the House concerned is not
necessary for removal of which of the following authority?
3
(iv) National Human Rights Commission
15. Which of the following reason(s) was/were considered necessary for the Constitution
(Seventy-Seventh) Amendment Act, 1995 inserting Article 16(4A)?
(i) Inadequacy of representation of the Scheduled Castes and the Scheduled Tribes
in services in the States.
(ii) Reservation in promotion was held constitutionally impermissible in Indra
Sawhney v. Union of India, AIR 1993 SC 477.
(iii) To prevent qualitative exclusion of the Scheduled Castes and the Scheduled
Tribes in services in the States.
(iv) To achieve inter-locking in horizontal and vertical reservation among the
Scheduled Castes and the Scheduled Tribes in services in the States.
A. (i) only
B. (i) and (ii) only
C. (i), (ii) and (iv) only
D. (i), (ii), (iii) and (iv)
16. Which of the following provision(s) applicable to the Supreme Court is/are also
applicable to the High Courts?
(i) Article 124(4).
(ii) Article 124(5).
(iii) Article 129
(iv) Article 144
17. Which of the following statement(s) is/are correct, regarding the duties and rights of the
Attorney-General for India in performance of his duties?
(i) The Attorney-General for India shall give advice to the Government of
India upon legal matters.
(ii) The Attorney-General for India shall have a right to audience in all Courts
in India.
4
(iii) The Attorney-General for India shall have the right to speak in the
proceedings of either House.
(iv) The Attorney-General for India shall not be liable to any proceedings in
any court in respect of anything said by him in Parliament or any
committee thereof.
18. Which of the following Fundamental Rights is enforceable against private individuals?
(i) Article 17
(ii) Article 23
(iii) Article 24
(iv) Article 21
19. Which of the following procedure was adopted to give effect to the land boundary
agreement between India and Bangladesh in 2015?
A. A law made by Parliament under Article 3 of the Constitution of India.
B. The Constitution (100th Amendment) Act.
C. The Constitution (98th Amendment) Act.
D. By an executive action.
20. Which of the following statements is incorrect in view of the judgment in Pramati
Educational and Cultural Trust v. Union of India (2014) 8 SCC 1?
A. Article 15(5) does not violate the freedom of private unaided educational
institutions under Article 19(1)(g) of the Constitution.
B. Articles 15(5) and 21A do not alter the basic structure of the Constitution and are
constitutionally valid.
C. A law made under Article 15(5) of the Constitution shall not be open to
challenge under Article 14, if it treats private aided and unaided educational
institutions alike.
D. Article 15(5), insofar as it is applicable to minority educational institutions
referred to in Article 30(1) of the Constitution, is ultra vires the Constitution.
5
21. From where did the Drafting Committee borrow the expression “except according to
procedure established by law” for Article 21 of the Indian Constitution?
A. Irish Constitution
B. Swedish Constitution
C. Australian Constitution
D. Japanese Constitution
22. In which of the following decisions the Supreme Court framed guidelines for
safeguarding the interest of the death row convicts?
23. Which of the following does not follow from the law declared in the National Legal
Services Authority v. Union of India (2014) 5 SCC 438, in respect of rights of the
members of the transgender community?
24. Which of the following were relevant considerations for prohibition on sale of liquor
along national and state highways in State of Tamil Nadu v. K. Balu (2017) 2 SCC 281?
(i) There is no fundamental right under Article 19(1)(g) to trade in liquor.
(ii) Under Article 47, the State is under a duty to raise the level of nutrition,
standard of living and improve public health.
(iii) An exception to permit the sale of liquor along a stretch of the highway which
passes through the limits of city is arbitrary and violative of Article 14.
(iv) Right to life under Article 21 signifies a right to live with human dignity, free of
noxious substances and intoxicants.
6
25. Which of the following reasons led to the setting aside of the practice of ‘talaq-e-
biddat’, triple talaq in Shayara Bano v. Union of India (2017) 9 SCC 1?
(i) Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 was a pre-
constitutional legislation within the meaning of Article 13(1) and violative of
Article 14 of the Constitution of India on the ground of arbitrariness.
(ii) Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 was a pre-
constitutional legislation within the meaning of Article 13(1) and violative of
Article 15 of the Constitution of India, being discriminatory.
(iii) Muslim Personal Law (Shariat) Application Act, 1937 is not a law regulating
triple talaq but the practice of triple talaq was against the basic tenets of the
Holy Quran and no practice against the tenets of Quran was permissible.
(iv) ‘Talaq-e-biddat’ is integral to the religious denomination but the Supreme Court
may injunct this practice as a means for severing matrimonial relationship.
26. Which is the correct position in law on an Ordinance promulgated under Article 123 of
the Constitution of India, following the judgment in Krishna Kumar v. State of Bihar
(2017) 3 SCC 1?
(i) Power conferred upon the President under Article 123 is legislative in character
and the satisfaction of the President is immune from judicial review.
(ii) An Ordinance promulgated under Article 123 must be laid before the
Parliament, which is a mandatory constitutional obligation cast upon the
government.
(iii) An Ordinance promulgated in exercise of powers under Article 213 cannot
create enduring rights in favour of individuals
(iv) Re-promulgation of an Ordinance is a fraud on the Constitution.
7
D. Socially and educationally backward class of citizens
28. In which case, the Supreme Court struck down that part of the Constitution (Forty-second
Amendment) Act, 1976 by which Article 31C was amended?
29. In which among the following cases did the Supreme Court hold that the petitioners have
no fundamental right within the meaning of Art 25 or 26 to perform ‘Tandava dance’ in
public streets and public places.
A. Commr. HRE v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt, AIR 1954 SC 282
B. Tilkayat Shri Govindlalji Maharaj v. State of Rajasthan, AIR 1963 SC 1638
C. N. Adithayan v. Travancore Devasom Board, (2002) 8 SCC 106
D. Commr. of Police v. Acharya Jagadishwarananda Avadhuta, (2004) 12 SCC 770
31. The idea of single citizenship in India was taken from the
A. British Constitution
B. US Constitution
C. Australian Constitution
D. Weimar Constitution
32. With which amendment was clause 4 to Article 13, Constitution of India, inserted?
33. Which Constitution Amendment Act brought into force the goods and services tax?
A. 98th
B. 99th
C. 100th
D. 101st
8
34. Which one of the following statements is not correct?
A. The Jammu and Kashmir Code of Criminal Procedure has no provision for
transfer of a case from a Court in Jammu and Kashmir to any Court outside that
State and, therefore, no criminal case can be transferred from the State of
Jammu and Kashmir to any other Court outside that State.
B. Article 370 of the Constitution of India confers merely a “Temporary” status on
the State of Jammu and Kashmir.
C. Article 371-D and Presidential Orders issued thereunder override any other
provision of the Constitution of India.
D. The citizens of India have a fundamental right to reside and settle in any part of
India except the State of Jammu and Kashmir.
35. Which of the following questions is not relevant in determining the existence of a
constitutional convention?
36. In which of the following cases, the Supreme Court issued detailed directions for the
protection of Good Samaritans?
37. In which of the following cases, the Supreme Court refused to give any relief to the
petitioner(s) under Article 32?
9
39. Preventive Detention under article 22 of the Constitution can be enforced:
A. Only during the time of communal violence
B. Only when a proclamation of national emergency is made
C. Only when a proclamation of internal emergency is made
D. At any time during peace or war
40. Article 233A was introduced into the Constitution of India to validate the appointments of,
and judgments, etc. delivered by certain District Judges. In which among the following
cases were those appointments invalidated in a writ of Quo-warranto?
42. In which case was it held that the authority which “embarks upon a post-decisional hearing
will naturally proceed with a closed mind and there is hardly any chance of getting a proper
consideration of the representation at such a post-decisional opportunity”?
A. Parliament has exclusive power to make laws with respect to goods and services tax
where the supply of goods, or of services, or both takes place in the course of inter-
State trade or commerce.
B. The tax collected by the Union under Clause (1) of Article 246A shall not be
distributed between the Union and the States.
C. The Goods and Services Tax Council has power to establish a mechanism to
adjudicate any dispute between the Government of India and one or more States.
10
D. Article 279-A is an entrenched provision under Article 368 of the Constitution of
India.
44. In which of the following cases the reservation for Jats was struck down?
45. Is a writ petition for mandamus maintainable in any of the following cases?
46. For prevention of corruption, provisions have been made under which of the legislations?
(i) The Prevention of Corruption Act, 1988
(ii) The Lokpal and Lokayuktas Act, 2013
(iii) The Central Vigilance Commission Act, 2003
A. (i) only.
B. (i) and (iii) only.
C. (iii) only.
D. (i), (ii) and (iii).
47. The Supreme Court may review the award given by the Inter-State Water Dispute Tribunal
by invoking
A. Article 142
B. Article 131
C. Article 262
D. Article 136
48. For approval or extension of emergency under Article 352 it is required that there should be
11
A. Resolution by both Houses of Parliament by a majority of total membership of that
House and by a majority of not less than two-thirds of members present and
voting.
B. Resolution by both Houses of Parliament by a simple majority of members present
and voting.
C. Resolution by both Houses of Parliament by a majority of total membership of that
House and by a majority of not less than two-thirds of members present and voting
and ratification by not less than one-half of the States.
D. Resolution by both Houses of Parliament by a majority of total membership of that
House and by a majority of not less than three-fourth of members present and
voting.
12
Juris Set 1 (Qs 51 – 100)
A. Hart
B. Hobbes
C. Kelsen
D. Lon L Fuller
2. Who stated: “The life of law has not been logic; it has been experience”
A. Oliver Holmes
B. Dworkin
C. Hart
D. Roscoe Pound
A. We the People
B. We the Nations
C. We the Peoples
D. We the Founding Nations
A. Austin
B. Roscoe Pound
C. Duguit
D. Auguste Comte
13
7. The concept of Dialectical Materialism is a concept commonly associated with which of the
following Schools of Thought?
A. Marxism
B. Liberal Theory
C. Post Modernism
D. Utilitarianism
8. Who authored, “The Indian School of Synthetic Jurisprudence: An Idea Relating to Its
Purposes”?
A. Kautilya
B. Manu
C. M. J. Sethna
D. UpendraBaxi
A. Ownership
B. Possession
C. Transfer of ownership
D. Atonement
11. Jurisprudence should be ideally divided into censorial and expository jurisprudence. This
view was given by
A. Auguste Comte
B. Bentham
C. Emile Durkheim
D. Holland
12. Law is a combination of Primary and Secondary rules. This principle was propounded by
A. Kelsen
B. Ronald Dworkin
C. Hart
D. Fuller
14
13. As per the Anthropological approach towards the study of Jurisprudence, the Twelve Tables
of Rome may be considered an example of
A. Religious law
B. Divine law
C. Published law
D. Personal command
14. Who made the statement, "Law is uncertain and certainty of law is a legal myth"?
A. Fuller
B. Jerome Frank
C. Llewellyn
D. Holmes
15. As per Kelsen, if a norm remains permanently inefficacious, then it is deprived of its validity.
This is known as
A. Nomodynamics
B. Condition per quam
C. Desuetudo
D. Effective Repeal
18. The famous essay Vom Bneruf was written by Savigny as a reaction to
A. Thibaut’s proposal for a Code on the lines of the Napoleonic Code
B. The King’s proposal for introducing British common law in Germany
C. The Parliament’s proposal to introduce Roman law in Germany
15
D. The revival of Justinian’s Code
19. Who among the following is called as “Darwinian before Darwin”, because of his
contribution to apply the evolutionary principle to the development of the legal system?
A. Gluckman
B. Malinowski
C. Savigny
D. Puchta
20. In his endeavour to discover a pattern of legal development, Maine was led to distinguish
between societies as
A. Static and progressive societies
B. Dependent and independent societies
C. Subjective and objective societies
D. Customary and statutory societies.
22. Which theory of punishment implies “An eye for an eye, a tooth for a tooth” approach?
A. Expiatory
B. Preventive
C. Deterrent
D. Retributive
23. As per the rule of English law, a custom to be recognized as law, must be proved to be in
existence since times immemorial. However, for customs that are old and whose time of
origin cannot be ascertained, which year has been fixed as the date before which it must
have started?
A. 1169 AD
B. 1189 AD
C. 1369 AD
D. 1389 AD
24. Which of the following is an accessory right?
A. Easementary rights
B. Ownership rights
C. Right to reputation
16
D. Right to personal security
25. Ownership of goodwill of a business is
A. Corporeal ownership
B. Incorporeal ownership
C. Business ownership
D. Beneficial ownership
26. The law applying to controversies involving non-citizens of Rome was known as
A. Jus civilie
B. Jus gentium
C. Nicomachean ethics
D. Corpus civilie
27. Which one of the following philosophers conceived justice as ‘some sort of equality’ and
divided the concept of justice as ‘corrective justice’ and ‘distributive justice’?
A. Aristotle
B. Rawls
C. Robert Nozick
D. Ronald Dworkin
28. “Sociology of law must begin with the ascertainment of the living law, the concrete which
can be observed and not the abstract”. Who said so?
A. Duguit
B. Ihering
C. Ehrlich
D. Durkheim
29. Who said that, “The law of nature or natural law is the general will of the people who come
together to form an association called State”?
A. Hobbes
B. Locke
C. Rousseau
D. Kant
30. Which one of the following conceived ‘integrative jurisprudence’ as combined jurisprudence
of positivist, naturalist and sociological descriptions and an understanding of the value
components of legal ordering?
A. Jerome Hall
B. John Finnis
C. Clarence Morris
17
D. Leon Duguit
31. De Jure Belli ac Pacis is the celebrated work of-
A. Hugo Grotius
B. Niccolo Machiavelli
C. Samuel Pufendorf
D. Jean Jacques Burlamaqui
32. Which one of the following drafted the hypothetical Case of the Speluncean Explorers?
A. Lon L Fuller
B. Rudolph Stammler
C. John Rawls
D. Clarence Morris
33. Which of the following is not absolute duty according to John Austin?
A. Duties towards lower animals
B. Duties towards community
C. self-regarding duties
D. Duties towards sovereign
34. Who said, "A precedent, therefore, is a judicial decision which contains in itself a principle.
The underlying principle which thus forms its authoritative element is often termed the
ratio decidendi.”?
A. Salmond
B. Keeton
C. Rupert Cross
D. Osborn
35. Which of the following statements does not suit the Hohfeldian analysis of right?
A. Power in ‘X’ means presence of liability upon ‘Y’
B. Immunity in ‘X’ means absence of liability in ‘X’
C. Right in ‘X’ means presence of ‘No-right’ in ‘Y’
D. Liberty in ‘X’ means absence of duty in ‘X’
36. Which of the following is not a circumstance of strengthening the authority of a precedent?
A. Approval of the decision in later cases and by the profession at large
B. Closely divided opinion of the Court
C. Evidence in the report that the issue was fully argued by counsel and the Court took
time to deliberate
D. The decision has stood the test of time
18
37. A rule which says, “the literal sense of words should be adhered to, unless this would lead
to absurdity, in which case the literal meaning may be modified”, can be called
A. Mischief rule
B. Literal rule
C. Golden rule
D. Compromise approach
38. Who defined ownership as ‘a right – indefinite in point of user – unrestricted in point of
disposition – and unlimited in point of duration’?
A. Salmond
B. Austin
C. Marx
D. Glaniville Williams
39. Which of the following is not correct in the context of valid usage?
A. Usage must be so well established as notorious.
B. In case of conflict between usage and law, law prevails.
C. In case of conflict between express provision of a contract and usage, contract
prevails.
D. Usage shall be a reasonable one.
40. “A dictate of right reason, which points out that an act, according as it is or is not in
conformity with rational nature, has in it a quality of moral baseness or moral necessity.”
Who made this observation?
A. Cicero
B. Aristotle
C. Plato
D. Grotius
41. “Private property is robbery, and a state based on private property is a state of robbers who
are fighting for a share of the spoils.” Who made this observation?
A. Lenin
B. Marx
C. Renner
D. Pashukanis
19
constitutional challenge of the same Act, pending before the High Court of Madras what the
latter High Court cannot do with regard to Bombay High Court judgment is
43. Which of the following characteristics of trust is considered as a problematic factor in a legal
system?
A. Group property can be applied for the desired purpose.
B. Pooling up of economic power to neutralise competition.
C. Enables endowments and gifts by vesting rights in trustees.
D. Helps in settling family property in favour of the vulnerable.
45. Which of the following is not correct about the will theory of contract?
A. It believes in the dictum of status to contract.
B. It puts emphasis on expectations reasonably aroused by conduct rather than state
of mind.
C. It relies on person’s mind which can be proved only from his own evidence or by
inferences from his conduct.
D. It leads to such a subjective view of mistake that the security of transactions is
thereby imperilled.
46. “The suppression of vice is as much the law’s business as the suppression of subversive
activities.” Who made this observation?
A. H L A Hart
B. J S Mill
C. Lord Devlin
D. James Stephens
47. Which of the following is not correct about the Critical Legal School?
A. It strongly believes in the inescapable power of the intellectual climate’s search for
value neutrality.
20
B. It shows the way in which the legal system works at many different levels to shape
popular consciousness towards accepting the legitimacy of the status quo.
C. It rejects formalism.
D. Its central thrust of attack is on legal liberalism.
48. Which of the following propositions do not suit the approaches of American Realism?
A. It is a combination of the analytical positivist and sociological approaches.
B. It lays emphasis on empirical study of the behaviour of judges.
C. It distrusts the sufficiency of legal rules and concepts as descriptive of what Courts
do.
D. It combines the ‘is’ and ‘ought’ aspects in the study of law and how it works.
49. Who stated that, “Law is the sum of the conditions of social life in the widest sense of the
term, as secured by the power of the State through the means of external compulsion.”
A. Roscoe Pound
B. Jeremy Bentham
C. Ehrlich
D. Ihering
50. Which of the following is not emphasised by Katherine Bartlette as a part of feminist legal
research?
A. Asking the woman question
B. Consciousness –raising
C. Difference theory
D. Positionality
21
LLM General Set 1 Qs 101 – 150)
1. In which case was it observed that “The dividing line between an administrative power and
a quasi-judicial power is quite thin and is being gradually obliterated”?
2. In which of the following cases did the Supreme Court hold that the Wednesbury rule was
applicable in administrative actions?
A. Indian Railway Construction Co. Ltd. v. Ajay Kumar, (2003) 4 SCC 579
B. Shrilekha Vidyarthi v. State of U.P., AIR 1991 SC 537
C. State of Punjab v. V.K. Khanna, AIR 2001 SC 343
D. A.N. Parasuraman v. State of Tamil Nadu, AIR 1990 SC 40
3. Which one of the following statements with regard to the Lokpal and Lokayuktas Act, 2013
is not correct?
4. Which one of the following has powers similar to those of a Court having power to issue a
writ of certiorari under the express statutory provisions?
5. Which one of the following statements with regard to a Commission of Inquiry is incorrect?
22
6. Which one of the following statements with regard to the Right to Information Act, 2005 is
not correct?
7. Which among the following was the first case before the Supreme Court of India where
the constitutionality of death penalty was challenged?
A. Rajendra Prasad v. State of U. P.
B. Jagmohan Singh v. State of U. P.
C. Bachan Singh v. State of Punjab
D. Machhi Singh and Others v. State of Punjab
8. Which among the following is/are not true with respect to the decision of the Supreme
Court of India in Vellore Citizens Welfare Forum v. Union of India (AIR 1996 SC 2715)?
i. This was a PIL against the pollution caused by discharge of untreated effluent from
tanneries and other industries.
ii. The Court refused to recognise that a balance must be struck between the economy
and the environment.
iii. The Court accepted the traditional concept that development and ecology are
opposed to each other.
iv. The Court reviewed the development of the concept of sustainable development in
the international sphere.
v. The Supreme Court held that the precautionary principle and the polluter pays
principle are part of International environmental law and not of municipal law.
A. Only i, iii and v
B. Only ii, iii and v
C. Only iii, iv and v
D. Only iv and v
23
D. Unless there is a contract to the contrary, death of a partner will
automatically lead to the dissolution of the partnership.
10. In which among the following cases did the Supreme Court observe:
“We cannot allow our judicial thinking to be constricted by reference to the law as it
prevails in England or for that matter, in any other foreign country. We no longer need
the crutches of a foreign legal order.”
11. Which among the following authorities is vested with the power to investigate on matters of
professional misconduct committed by a Chartered Accountant or a Chartered Accountant’s Firm
under Section 132 of the Companies Act, 2013?
12. Which among the following is not true with respect to negotiable instruments?
13. In which case did the Supreme Court place the Bangalore Water Supply and Sewerage
Board v. A. Rajappa before the Chief Justice of India for reconsideration by a larger
bench?
24
D. A.K. Roy v. Union of India, [1982] 1 SCC 271.
A. On equal footing.
B. Like angels do.
C. Repay without delay.
D. Return promptly.
A. Registration.
B. Naturalisation.
C. Birth.
D. Descent.
17. Which of the following writs can be used against a person believed to be holding a public
office, he is not entitled to hold?
A. Writ of mandamus.
B. Writ of certiorari.
C. Writ of prohibition.
D. Writ of quo warranto.
25
B. only to judicial, quasi judicial and administrative proceedings but not to
the law making procedure.
C. only to judicial proceedings.
D. to all judicial, quasi judicial, administrative and law making procedures.
19. What is the minimum number of judges required to constitute a Constitution Bench in the
Supreme Court of India?
A. Five.
B. Three.
C. Seven.
D. Nine.
A. An agreement.
B. A contract.
C. A sacrament.
D. A pious obligation.
22. A supplied to B, a minor, provisions such as wheat flour, rice and other food stuffs.
A. Since a minor's contract is void, A cannot recover the price of the provisions
from B.
B. A can recover the price from B as there is an agreement between A and B.
C. A is not entitled to recover the money as he voluntarily supplied the provisions
knowing that B was a minor.
D. Since the provisions supplied constituted necessaries, A can recover the
money.
26
23. A, from Kerala, writes a letter to B who lives in Delhi requesting the supply of certain goods
at a certain price. While accepting the offer by writing a letter on his printed letterhead B
writes at the top of the letterhead, "Subject to the jurisdiction of Delhi Courts." Later a
dispute arises and A files an action in Kerala.
A. A cannot file legal proceedings in Kerala since B has clearly indicated that
the jurisdiction is restricted to Delhi courts.
B. The agreement is void as it tends to defeat the legal process.
C. Since B has written the words at the top of his letterhead, they do not
become part of the contract and hence A is free to file the action in any
court which has jurisdiction.
D. Since the letterhead is part of the agreement of acceptance, the agreement
is enforceable.
24. A, a cultivator of green tea, agrees with B that he would not grow tea for a period of five
years in consideration of which B agrees to pay him Rs. 25,000/-
A. The agreement is valid.
B. The agreement is valid as the consideration is adequate.
C. The agreement is void as it is in restraint of trade.
D. The agreement is voidable at the option of A.
25. A entrusted his car to B for plying it as a taxi. B employed C as a cleaner. B gave the taxi to C
for taking a driving test and to obtain a driving licence. C while giving the driving test
seriously injured D. D filed a case against A, the owner of the vehicle.
A. A is not liable as he had neither permitted nor authorised C to drive the car.
B. A is liable because B was acting as his agent in giving the vehicle to C for taking it
for driving test.
C. A is liable because the accident happened during the course of employment.
D. A is liable because C was giving the driving test for the licence of A
26. A transport company issued a circular to all its drivers that they should not compete or
obstruct other buses plying in the route. Driver A, in contravention of the express
prohibition, obstructed another bus and while doing so met with an accident in which B was
injured.
A. The company is not liable as it had expressly prohibited the drivers from
competing and obstructing other buses.
B. The company is liable as the accident happened in the course of
employment.
27
C. The company is not liable because the driver had disobeyed the company's
instructions and thereby acted outside the course of employment.
D. The company is not liable because the driver had not acted for the benefit
of the employer, the company.
27. A was riding his bicycle on a rainy day on a road which had no street lights. He came in
contact with a live wire lying on the road which was inundated with water and got
electrocuted. A's wife brought an action against the Electricity Board for negligence.
A. The Board is not liable as the accident happened because of the negligence
of the cyclist.
B. The Board is not liable as the accident happened because of the negligence
of a third party, as the Board argued that a third party tried to siphon off
the electricity illegally, and negligently left the wire on the road.
C. The Board is not liable because of the rain and storm, and as such, it was an
Act of God.
D. The Board is liable as supplying electricity is an inherently dangerous act,
and as such, the Board is absolutely liable.
28. The Supreme Court in Indian Medical Association v. V P Shanta, (1995) 6 SCC 651, has held
that:
28
A. the law made by the Parliament or the State Legislature under delegated
authority from the Constitution.
D. the law declared by the judiciary while deciding cases brought before it.
30. The doctrine of 'Acting under Dictation' is applied in the case of:
A. Abuse of discretion
B. Failure to exercise discretion
C. Unreasonable exercise of discretion
D. Arbitrary exercise of discretion
Directions: The question below consists of two statements, one labelled as ‘Assertion’ (A)
and another as ‘Reason’ (R). Examine these two statements carefully and select the
answers to these items from the codes given below.
32. Assertion (A): It is the legal and constitutional duty of the State to provide legal aid to poor.
Codes:
29
33. A, a singer, enters into a contract with B, the manager of a theatre, to sing at his theatre
two nights every week during the following two months, and B agrees to pay Rupees 100/-
for each night's performance. On the sixth night A wilfully absents herself from the theatre.
34. Under which provision of the Companies Act, 2013, will members be liable for a reduction of the
statutory minimum number of members, in the Company?
A. Sec. 3A
B. Sec. 7
C. Sec. 3
D. Sec. 4
35. Mohit lends Rs. One Lakh to Som where Narain was the surety. The contract in this
transaction provided that the liability of Narain is limited to Rs. 50,000/-. The contract is:
A. void
B. irregular
C. voidable
D. valid
36. The right of an accused to be defended by a legal practitioner of his/her choice commences
when:
30
37. The transfer of 'spes successionis' under the Transfer of Property Act is
A. void ab initio
B. voidable
C. perfectly valid
D. valid only if approved by the court .
38. A mortgage by deposit of title deeds for which a loan of Rs 3 crores is raised
39. The rule of Daniels v Davison (1809) 16 Ves 249, has been given a statutory shape in the
Transfer of Property Act, 1882, under, which of the following titles?
40. Under which of the following laws is the remedy of restitution of conjugal rights not
available?
A. Hindu Marriage Act, 1955
B. Indian Christian Marriage Act, 1872
C. Parsi Marriage and Divorce Act, 1936
D. Special Marriage Act, 1954
41. H and W, both professing Muslim faith marry under the Special Marriage Act, 1954. In
course of time they are blessed with two sons and two daughters. The eldest child, S1 was
very successful and made a lot of money while the rest of the family members were in dire
31
financial circumstances. He maintained a separate habitation, refused to share his money
and executed a Will of his total property in favour of a trust before his death at the age of
44 excluding completely his younger siblings and old parents. The Will would be
A. valid only to the extent of 1/3rd of his total property.
B. void as 2/3rd of his property must go by intestate succession.
C. valid as he can make a Will of his total property.
D. valid as he died a bachelor .
42. A 35 years old Hindu bachelor (single man) adopts a 14 years old girl under the Hindu
Adoptions and Maintenance Act, 1956. Such adoption under the law is:
A. valid
B. void
C. voidable
D. irregular.
44. The first of the major laws for the protection of environment, to be promulgated in India
was the:
A. Water Act.
B. Air Act.
C. Environmental Act.
D. Noise Pollution Rule.
45. What does the term ISSN displayed on Journals stand for?
32
B. International Standard Serial Number
C. Index of Standard Serial Numbers
D. Indexed Standard and Sequential Numbers
46. The fundamental principle of non-refoulement in International Law is applied in relation to:
A. Terrorists
B. Drug traffickers
C. Smugglers
D. Refugees
47. The last trial by jury held in a criminal case in India was that of
A. Rustom v. State of Gujarat
B. Ascentia Dawes v. Crown
C. Lily v. State of Bombay
D. K.M. Nanavati v. State of Maharashtra
48. The Right to Education Act 2009 (RTE) provides for free and compulsory education to:
33
50. The Supreme Court of India recognised ‘transgenders’ as ‘third gender with all rights’ in the
case of:
34