Previous Year Paper

UGC NET Paper 2: Law 18th June 2024 Shift 1(Cancelled) (Previous Year Paper)

Held in 2024

100 questions120 minutes
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Question 1

The Geographical Indications of Goods (Registration and Protection) Act, 1999, provides that:

A. Section 2(e) defines 'geographical indication'.

B. Section 2(d) defines 'goods'.

C. Section 3 provides for Registrar of Geographical Indications.

D. Application for registration can be filed under section 7.

Choose the most appropriate answer from the options given below:

  1. AOption (a)

    B and D only

  2. BOption (b)

    A and B only

  3. COption (c)

    A and C only

  4. DOption (d)

    B and C only

View answer & explanation

Correct answer

Answer: (c)C.

A and C only

Why this answer is correct

The correct answer is Option 3.

Key Points

  • Geographical Indications of Goods (Registration and Protection) Act, 1999:
  • The Act provides the framework for the registration and protection of geographical indications related to goods.
  • A. Section 2(e) defines 'geographical indication':
  • This section provides the definition of a 'geographical indication', which means an indication that identifies such goods as agricultural, natural, or manufactured goods as originating or manufactured in a territory of a country, region, or locality, where a given quality, reputation, or other characteristic of such goods is essentially attributable to its geographical origin.
  • B. Section 2(d) defines 'goods':
  • This section defines district court and not goods.
  • C. Section 3 provides for Registrar of Geographical Indications:
  • This section establishes the office of the Registrar of Geographical Indications who is responsible for the administration of the Act.
  • D. Application for registration can be filed under section 7:
  • This section states that the particulars relating to the registration of the geographical indications shall be incorporated and form part of Part A of the register in the prescribed manner.

The particulars relating to the registration of the authorised users shall be incorporated and form part of Part B of the register in the prescribed manner.

Additional Information

  • Option 1 (B and D only):
  • Incorrect because it does not include the correct section defining 'geographical indication' and does not mention the Registrar of Geographical Indications.
  • Option 2 (A and B only):
  • Incorrect because it does not mention the Registrar of Geographical Indications.
  • Option 4 (B and C only):
  • Incorrect because it does not include the section defining 'geographical indication'.

Question 2

The Jammu and Kashmir Reorganisation Act, 2019-has brought which of the following changes in Centre and State Relationships?

A. Formation of Union territory of Ladakh with Legislature

B. Formation of Union territory of Jammu and Kashmir without Legislature

C. Article 239 A of the Constitution which are made applicable to "Union territory of Puducherry" shall also apply to the "Union territory of Jammu and Kashmir"

D. The Delimitation of Parliamentary Constituencies Order, 1976 shall stand amended.

Choose the most appropriate answer from the options given below:

  1. AOption (a)

    A and B only

  2. BOption (b)

    B and C only

  3. COption (c)

    C and D only

  4. DOption (d)

    A and C only

View answer & explanation

Correct answer

Answer: (c)C.

C and D only

Why this answer is correct

The correct answer is Option 3.

Key Points

  • Jammu and Kashmir Reorganisation Act, 2019:
  • This Act reorganized the state of Jammu and Kashmir into two Union territories: Jammu and Kashmir, and Ladakh.
  • C. Article 239 A of the Constitution which is made applicable to "Union territory of Puducherry" shall also apply to the "Union territory of Jammu and Kashmir":
  • This means the provisions applicable to the Union Territory of Puducherry regarding its legislature and other matters now also apply to the Union Territory of Jammu and Kashmir.
  • D. The Delimitation of Parliamentary Constituencies Order, 1976 shall stand amended:
  • The Act provides for the delimitation of constituencies to ensure proper representation and governance.

Additional Information

  • Option 1 (A and B only):
  • Incorrect because the Union territory of Ladakh was formed without a legislature, and Jammu and Kashmir was formed with a legislature.
  • Option 2 (B and C only):
  • Incorrect because the Union territory of Jammu and Kashmir was formed with a legislature.
  • Option 4 (A and C only):
  • Incorrect because the Union territory of Ladakh was formed without a legislature.

Question 3

Arrange the following rights in their chronological order as provided under Article 19(1) of the Constitution:

A. to form association

B. to reside and settle in any part of the territory of India

C. to assemble peaceably and without arms

D. to move freely throughout the territory of India

E. to freedom of speech and expression,

Choose the correct answer from the options given below:

  1. AOption (a)

    E, A, C, D and B

  2. BOption (b)

    E, C, A, B and D

  3. COption (c)

    E, A, D, C and B

  4. DOption (d)

    E, C, A, D and B

View answer & explanation

Correct answer

Answer: (d)D.

E, C, A, D and B

Why this answer is correct

The correct answer is Option 4.

Key Points

  • Chronological Order of Rights under Article 19(1) of the Constitution:
  • E. To freedom of speech and expression
  • C. To assemble peaceably and without arms
  • A. To form associations or unions
  • D. To move freely throughout the territory of India
  • B. To reside and settle in any part of the territory of India

Understanding these rights in their chronological order helps in comprehending the structure and prioritization of fundamental rights under Article 19(1) of the Indian Constitution

Question 4

Match List - I with List - II.

List - I
(Treaty/Convention)
List - II
(Adopted/Signed (year)
A.Berne Convention for the Protection of Literary and Artistic Worksl.1952
B.Universal Copyright Conventionll.1961
C.Patent Law Treatylll.1886
D.Rome Convention for the Protection of Performers, Producer of Phonograms and BroadcastinglV.2000

Choose the correct answer from the options given below:

  1. AOption (a)

    A - I, B - III, C - II, D - IV

  2. BOption (b)

    A - I, B - III, C - IV, D - II

  3. COption (c)

    A - III, B - I, C - IV, D - II

  4. DOption (d)

    A - III, B - I, C - II, D - IV

View answer & explanation

Correct answer

Answer: (c)C.

A - III, B - I, C - IV, D - II

Why this answer is correct

The correct answer is Option 3.

Key Points

  • Matching List - I (Treaty/Convention) with List - II (Adopted/Signed Year):
  • A. Berne Convention for the Protection of Literary and Artistic Works - III (1886)
  • The Berne Convention was first adopted in 1886.
  • B. Universal Copyright Convention - I (1952)
  • The Universal Copyright Convention was adopted in 1952.
  • C. Patent Law Treaty - IV (2000)
  • The Patent Law Treaty was adopted in 2000.
  • D. Rome Convention for the Protection of Performers, Producers of Phonograms, and Broadcasting Organizations - II (1961)
  • The Rome Convention was adopted in 1961.

Understanding these international treaties and their adoption years is essential for comprehending the historical development of intellectual property rights protection globally.

Question 5

Arrange the following in chronological order as per the Sale of Goods Act, 1930:

A. Rights of Unpaid seller

C. Conditions and warranties

B. Transfer by non-owners

D. Auction sale

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, C, D

  2. BOption (b)

    C, B, A, D

  3. COption (c)

    B, C, D, A

  4. DOption (d)

    C, D, A, B

View answer & explanation

Correct answer

Answer: (b)B.

C, B, A, D

Why this answer is correct

The correct answer is Option 2.

Key Points

  • Chronological Order as per the Sale of Goods Act, 1930:
  • C. Conditions and warranties
  • These are covered in Chapter III, Sections 11-17.
  • B. Transfer by non-owners
  • This is covered under Section 27.
  • A. Rights of Unpaid seller
  • These rights are outlined in Chapter V, Sections 45-54.
  • D. Auction sale
  • This is covered under Section 64.

Understanding the order of these provisions helps in navigating the Sale of Goods Act, 1930 effectively.

Question 6

In which of the following case Supreme Court held that Art. 14 and Art. 21 are important sources of the right to clean environment and right against the adverse effects of climate change?

  1. AOption (a)

    Association for Democratic Reforms v. Union of India

  2. BOption (b)

    M.K. Ranjitsinh v. Union of India

  3. COption (c)

    Kuldeep Kumar v. Union of India

  4. DOption (d)

    Anuradha Bhasin v. Union of India

View answer & explanation

Correct answer

Answer: (b)B.

M.K. Ranjitsinh v. Union of India

Why this answer is correct

The correct answer is Option 2.

Key Points

  • Case on Right to Clean Environment and Climate Change:
  • M.K. Ranjitsinh v. Union of India:
  • In this case, the Supreme Court of India held that Articles 14 and 21 of the Indian Constitution are important sources of the right to a clean environment and the right against the adverse effects of climate change.
  • Article 14 guarantees the right to equality before the law and equal protection of the laws.
  • Article 21 guarantees the right to life and personal liberty, which the court has interpreted to include the right to a healthy environment.

Additional Information

  • Option 1: Association for Democratic Reforms v. Union of India:
  • This case is related to electoral reforms and the right to information regarding candidates.
  • Option 3: Kuldeep Kumar v. Union of India:
  • This case does not specifically address the right to a clean environment and climate change.
  • Option 4: Anuradha Bhasin v. Union of India:
  • This case deals with the freedom of speech and expression, particularly concerning the internet shutdown in Jammu and Kashmir.

Question 7

Match List - I with List - II.

List - I
(Offences under IT Act, 2008)
List - II
(Punishment)
A.Tampering with computer source document (Section 65)l.Imprisonment of either description upto 3 years and fine upto 1 lakh
B.Identification theft (Section 66C)ll.Imprisonment upto 3 years or fine upto 1 lakh or with both
C.Dishonestly receiving stolen computer resources or communication device (Section 66B)lll.Imprisonment upto 3 years or fine upto 2 lakh or with both
D.Publishing or transmitting obscene material in Electronic form (Section 67)lV.Imprisonment of either description upto 3 years and fine upto 5 lakh

Choose the correct answer from the options given below:

  1. AOption (a)

    A - I, B - II, C - III, D - IV

  2. BOption (b)

    A - III, B - I, C - II, D - IV

  3. COption (c)

    A - II, B - I, C - IV, D - III

  4. DOption (d)

    A - I, B - III, C - IV, D - II

View answer & explanation

Correct answer

Answer: (b)B.

A - III, B - I, C - II, D - IV

Why this answer is correct

The correct answer is Option 2.

Key Points

The correct matches for List - I and List - II:

  • A. Tampering with computer source document (Section 65) matches with III. Imprisonment up to 3 years or fine up to 2 lakh or both
  • B. Identification theft (Section 66C) matches with I. Imprisonment of either description up to 3 years and fine up to 1 lakh
  • C. Dishonestly receiving stolen computer resources or communication device (Section 66B) matches with II. Imprisonment up to 3 years or fine up to 1 lakh or both
  • D. Publishing or transmitting obscene material in Electronic form (Section 67) matches with IV. Imprisonment of either description up to 3 years and fine up to 5 lakh

Thus, the correct matching should be:

  • A - III
  • B - I
  • C - II
  • D - IV

Confusion Points The options of the official answer keys has been modified to fit into correct answer.

Question 8

Arrange the following in chronological order as provided under Section 15 of Hindu Succession Act, 1956 :

A. Upon the heirs of the father

B. Upon the sons and daughter and the husband

C. Upon the mother and father

D. Upon the heirs of the husband

E. Upon the heirs of the mother

Choose the correct answer from the options given below:

  1. AOption (a)

    B, E, C, D and A

  2. BOption (b)

    B, D, C, A and E

  3. COption (c)

    B, C, E, A and D

  4. DOption (d)

    C, D, B, E and A

View answer & explanation

Correct answer

Answer: (b)B.

B, D, C, A and E

Why this answer is correct

The correct answer is Option 2.

Key Points 

  • Hindu Succession Act, 1956 - Section 15:
  • Section 15 of the Hindu Succession Act, 1956, outlines the order of succession for a female Hindu who dies intestate (without a will).
  • The section specifies a hierarchical order in which the property of the deceased female is to be distributed.
  • The order of succession as per Section 15 is as follows:
  • B. Upon the sons and daughters and the husband: This is the primary line of succession where the property is first given to the immediate family members such as the children and husband of the deceased female.
  • D. Upon the heirs of the husband: If the immediate family members are not alive, the property is passed on to the husband's heirs.
  • C. Upon the mother and father: If the heirs of the husband are not available, the property goes to the parents of the deceased female.
  • A. Upon the heirs of the father: In the absence of the parents, the property is passed to the heirs of the father.
  • E. Upon the heirs of the mother: If none of the above are available, the property goes to the heirs of the mother.

Additional Information

  • Other Options Explained:
  • Option 1: B, E, C, D and A
  • This sequence is incorrect because it incorrectly places the heirs of the mother before the parents of the deceased female.
  • Option 3: B, C, E, A and D
  • This sequence is incorrect as it places the heirs of the mother before the heirs of the father, which is not in accordance with the Act.
  • Option 4: C, D, B, E and A
  • This sequence is incorrect because it starts with the parents of the deceased female rather than the immediate family members (children and husband).

Question 9

The penalty for failure to comply with orders of Tribunal under Section 26 of the National Green Tribunal Act, is:

  1. AOption (a)

    Imprisonment upto 3 years or with fine upto Ten Crores or with

  2. BOption (b)

    Imprisonment upto 5 years or with fine upto Seven Crores or woth

  3. COption (c)

    Imprisonment upto 7 years or with fine upto 10 Lakhs or with both

  4. DOption (d)

    Imprisonment upto 3 years and fine of 10 Crores

View answer & explanation

Correct answer

Answer: (a)A.

Imprisonment upto 3 years or with fine upto Ten Crores or with

Why this answer is correct

The correct answer is Option 1.

Key Points

Penalty for Failure to Comply with Orders of Tribunal under Section 26 of the National Green Tribunal Act:

  • Introduction:
  • The National Green Tribunal (NGT) Act, 2010, establishes the NGT for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources. Section 26 of the Act deals with penalties for failure to comply with orders or awards of the Tribunal.

Additional Information

  • Section 26 Overview:
  • Section 26 outlines the penalties for non-compliance with the orders of the NGT.
  • This section aims to ensure that individuals or entities follow the directives issued by the Tribunal to uphold environmental laws and regulations.
  • Penalties Specified:
  • The penalties under Section 26 include:
  • Imprisonment up to 3 years: The violator may be sentenced to imprisonment for a term which may extend up to three years.
  • Fine up to Ten Crores: The violator may also be liable to pay a fine which may extend up to ten crore rupees.
  • Both: The Tribunal has the authority to impose both imprisonment and fine on the violator.

Question 10

Shivagouda v. Chandrakant AIR 1965 SC 212 is a Landmark case on:

  1. AOption (a)

    Mode of determining existence-of partnership

  2. BOption (b)

    Doctrine of Holding out

  3. COption (c)

    Option when the minor attains age of majority

  4. DOption (d)

    Liability of an expelled partner

View answer & explanation

Correct answer

Answer: (c)C.

Option when the minor attains age of majority

Why this answer is correct

The correct answer is Option 3.

Key Points

Shivagouda v. Chandrakant AIR 1965 SC 212 - Landmark Case

  • The case of Shivagouda v. Chandrakant (AIR 1965 SC 212) is a significant judgment by the Supreme Court of India that deals with the legal implications and rights of a minor in a partnership when they attain the age of majority.
  • Facts of the Case:
  • This case involved a partnership where a minor was admitted to the benefits of the partnership. The legal question arose regarding the minor's status and rights upon reaching the age of majority.
  • Legal Issue:
  • The central issue was to determine the options available to a minor who has been admitted to the benefits of a partnership once they attain the age of majority. The court examined the relevant provisions under the Indian Partnership Act, 1932.
  • Court's Decision:
  • The Supreme Court ruled that a minor, upon attaining the age of majority, has the option to either:
  • Elect to become a full partner, taking on the rights and liabilities of a partner from the date of majority.
  • Repudiate the partnership, thus absolving themselves from any liabilities incurred before they attained majority.

Additional Information

  • Incorrect Options Explained:
  • Option 1: Mode of determining existence-of partnership
  • This option is incorrect as the case does not deal with the methods of determining whether a partnership exists.
  • Option 2: Doctrine of Holding out
  • This option is incorrect because the case does not involve the doctrine where a person represents themselves or allows another to represent them as a partner in a firm.
  • Option 4: Liability of an expelled partner
  • This option is incorrect as the case does not address the liabilities and rights of a partner who has been expelled from a partnership.
  • The Shivagouda v. Chandrakant case is a landmark decision that clarified the legal standing and options available to a minor in a partnership upon reaching the age of majority, reinforcing the principles under the Indian Partnership Act.

Question 11

Who among the following jurists is the main exponent of organic theory of personality?

  1. AOption (a)

    Savigny

  2. BOption (b)

    Salmond

  3. COption (c)

    Gierke

  4. DOption (d)

    H.L.A. Hart

View answer & explanation

Correct answer

Answer: (c)C.

Gierke

Why this answer is correct

The correct answer is Option 3.

Key Points

Jurists and the Organic Theory of Personality

  • The organic theory of personality, also known as the "theory of organic unity," posits that social groups, such as corporations or states, are real entities with a collective personality, distinct from the individuals who compose them. This theory contrasts with the aggregate theory, which views groups merely as collections of individuals.
  • Savigny:
  • Friedrich Carl von Savigny was a German jurist and historian associated with the historical school of jurisprudence. He emphasized the organic development of law in society, but he is not specifically known for the organic theory of personality.
  • Salmond:
  • Sir John Salmond was a legal scholar who made significant contributions to jurisprudence and legal theory. Although he discussed corporate personality, he is not primarily associated with the organic theory of personality.
  • Gierke:
  • Otto von Gierke was a German legal historian and scholar who is the main exponent of the organic theory of personality. Gierke argued that social groups, particularly corporations, are real entities with their own distinct personalities and rights, independent of the individual members.
  • H.L.A. Hart:
  • H.L.A. Hart was a British legal philosopher known for his work in legal positivism and analytical jurisprudence. He is not associated with the organic theory of personality.

Additional Information

  • Gierke's Contribution:
  • Gierke’s theory challenged the earlier notion that corporations were merely legal fictions. He contended that groups possess a real, collective personality that can bear rights and duties.
  • His work had a significant influence on corporate law and the understanding of legal entities in Germany and beyond.
  • Among the listed jurists, Otto von Gierke is the main exponent of the organic theory of personality. His ideas profoundly influenced the development of corporate law and the conceptualization of collective entities as real personalities in the legal landscape.

Question 12

Which of the following case(s) is/are not related to Uniform Civil Code?

A. John Vallamatton vs. Union of India

B. Sarla Mudgal vs. Union of India

C. Mohd. Ahmed Khan vs. Shah Bano Begum

D. Lily Thomas vs. Union of India

E. Daniel Latifi vs. Union of India

Choose the most appropriate answer from the options given below:

  1. AOption (a)

    B, C and E only

  2. BOption (b)

    A and D only

  3. COption (c)

    D only

  4. DOption (d)

    A, B and D only

View answer & explanation

Correct answer

Answer: (c)C.

D only

Why this answer is correct

The correct answer is Option 3.

Key PointsUniform Civil Code (UCC) is defined in our Constitution under Article 44 of Directive Principles of State Policy. It states that it is the duty of the state to secure for the citizens a Uniform Civil Code throughout the territory of India. In other words, we can say that it means one country one rule.

  • John Vallamatton vs. Union of India:
  • This case dealt with the constitutional validity of Section 118 of the Indian Succession Act, which was argued to be discriminatory against Christians. It was related to the Uniform Civil Code as it touched upon uniformity in succession laws.
  • Sarla Mudgal vs. Union of India:
  • This case addressed the issue of bigamy and the need for a Uniform Civil Code to prevent men from converting to Islam solely to remarry. This case is related to the UCC.
  • Mohd. Ahmed Khan vs. Shah Bano Begum:
  • This landmark case dealt with maintenance for a divorced Muslim woman under Section 125 of the Criminal Procedure Code. It sparked debate on the need for a UCC for protection of rights. It is related to the UCC.
  • Lily Thomas vs. Union of India:
  • This case dealt with the issue of a person converting to another religion to marry a second time without dissolving the first marriage. This case is not directly related to the Uniform Civil Code but addresses personal laws and their misuse.
  • Daniel Latifi vs. Union of India:
  • This case examined the constitutionality of the Muslim Women (Protection of Rights on Divorce) Act, 1986. It dealt with maintenance rights and is related to the broader debate on uniform civil laws.

Additional Information

  • Explanation of Correct Answer:
  • Option 3: D only
  • Lily Thomas vs. Union of India is the only case among the listed options that is not directly related to the Uniform Civil Code. It addresses personal laws but does not contribute to the specific discussion on implementing a UCC.
  • While many cases have touched upon the issues relevant to the Uniform Civil Code, Lily Thomas vs. Union of India stands out as not being directly related to the UCC debate. This highlights the nuanced differences in legal cases concerning personal laws in India.

Question 13

Which of the following Article of Universal Declaration of Human Rights deals with 'asylum'?

  1. AOption (a)

    Article 13

  2. BOption (b)

    Article 14

  3. COption (c)

    Article 15

  4. DOption (d)

    Article 16

View answer & explanation

Correct answer

Answer: (b)B.

Article 14

Why this answer is correct

The correct answer is Option 2.

Key Points

Article of Universal Declaration of Human Rights Dealing with 'Asylum'

  • The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights, drafted by representatives from all regions of the world and proclaimed by the United Nations General Assembly in Paris on 10 December 1948. It sets out fundamental human rights to be universally protected.
  • Article 13:
  • Article 13 of the UDHR addresses the right to freedom of movement and residence within the borders of each state and the right to leave any country, including one’s own, and to return to one’s country. It does not deal with asylum.
  • Article 14:
  • Article 14 specifically deals with the right to seek and enjoy asylum from persecution in other countries. It states:
  • "1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.
    1. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations."
  • Article 15:
  • Article 15 deals with the right to a nationality. It states that everyone has the right to a nationality and no one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
  • Article 16:
  • Article 16 addresses the rights related to marriage and family. It affirms that men and women of full age have the right to marry and to found a family, entitled to equal rights as to marriage, during marriage, and at its dissolution.

Additional Information

  • Importance of Article 14:
  • The inclusion of the right to seek asylum in the UDHR underscores the international community’s commitment to protecting individuals from persecution. It reflects the recognition of asylum as a fundamental human right.
  • Among the listed Articles, Article 14 of the Universal Declaration of Human Rights deals specifically with the right to seek and enjoy asylum from persecution. This provision is crucial in ensuring protection for individuals fleeing from persecution and upholding their human rights on an international scale.

Question 14

The phrase "pragmatic federalism" was used by the judiciary in the case of:

  1. AOption (a)

    State of Rajasthan v. Union of India AIR 1977 SC 1361

  2. BOption (b)

    S.R. Bommai v. Union of India, AIR 1994 SC 1918

  3. COption (c)

    D.C. Wadhwa v. State of Bihar 1987 SCR(1)798

  4. DOption (d)

    Raja Ram Pal v. Speaker Lok Sabha (2007) 3 SCC 184

View answer & explanation

Correct answer

Answer: (b)B.

S.R. Bommai v. Union of India, AIR 1994 SC 1918

Why this answer is correct

The correct answer is Option 2.

Key Points

Phrase "Pragmatic Federalism" and its Judicial Usage

  • "Pragmatic federalism" refers to a flexible and practical approach to federalism that allows the central and state governments to work together efficiently while respecting their respective jurisdictions. This concept has been invoked by the judiciary to address complex issues of governance and federal relations.
  • State of Rajasthan v. Union of India AIR 1977 SC 1361:
  • This case dealt with the power of the central government to dismiss state governments under Article 356 of the Constitution. Although significant for federal relations, the phrase "pragmatic federalism" was not used in this case.
  • S.R. Bommai v. Union of India, AIR 1994 SC 1918:
  • This landmark case extensively dealt with the use and misuse of Article 356 (President's rule) and emphasized the importance of federalism in India. The Supreme Court discussed the need for a balanced and pragmatic approach to federalism, coining the term "pragmatic federalism" to emphasize the flexible and practical aspect of Indian federalism.
  • The Court highlighted that the essence of federalism is to promote cooperation and coordination between the central and state governments while maintaining the autonomy of states.
  • D.C. Wadhwa v. State of Bihar 1987 SCR(1)798:
  • This case concerned the misuse of ordinance-making power by the executive. While important for issues of governance and legislative powers, it did not address federalism in the context of "pragmatic federalism."
  • Raja Ram Pal v. Speaker Lok Sabha (2007) 3 SCC 184:
  • This case dealt with the powers and privileges of the legislature, particularly the expulsion of members of Parliament. It was not focused on federalism and did not use the term "pragmatic federalism."

Additional Information

  • Significance of S.R. Bommai Case:
  • The S.R. Bommai case is a cornerstone in Indian constitutional law concerning federalism. It underscored the importance of federal principles and set limits on the arbitrary use of Article 356 by the central government, thereby protecting the federal structure of the Constitution.
  • The phrase "pragmatic federalism" was used by the judiciary in the case of S.R. Bommai v. Union of India, AIR 1994 SC 1918. This case emphasized a flexible and practical approach to federalism, ensuring cooperation between the central and state governments while preserving their autonomy.

Question 15

Arrange the following statutes in the sequence in which they were enacted:

A. The Protection of Women from Domestic Violence Act.

B. The Prohibition of Child Marriage Act.

C. Maintenance and Welfare of Parents and Senior Citizen Act.

D. The Rights of Persons with Disabilities Act.

Choose the correct answer from the options given below:

  1. AOption (a)

    D, C, B, A

  2. BOption (b)

    A, B, C, D

  3. COption (c)

    ​B, A, D, C

  4. DOption (d)

    A, B, D, C

View answer & explanation

Correct answer

Answer: (b)B.

A, B, C, D

Why this answer is correct

The correct answer is Option 2.

Key Points

  • Sequence of Statutes in the order they were enacted:
  • A. The Protection of Women from Domestic Violence Act:
  • Enacted in 2005.
  • B. The Prohibition of Child Marriage Act:
  • Enacted in 2006.
  • C. Maintenance and Welfare of Parents and Senior Citizens Act:
  • Enacted in 2007.
  • D. The Rights of Persons with Disabilities Act:
  • Enacted in 2016.

Additional Information

  • Option 1:
  • D, C, B, A
  • Incorrect because it incorrectly places the statutes in reverse order of their enactment.
  • Option 3:
  • B, A, D, C
  • Incorrect because it does not follow the chronological order of enactment.
  • Option 4:
  • A, B, D, C
  • Incorrect because it incorrectly places the Rights of Persons with Disabilities Act before the Maintenance and Welfare of Parents and Senior Citizens Act.

Question 16

Which of the following offence(s) is/are not punishable with death as one of the punishment?

A. Kidnapping for Ransom etc.

B. Sedition

C. Attempt to Murder by a person under sentence of imprisonment for life, if hurt is caused

D. Murder

E. Wagging war against the Government of India

Choose the correct answer from the options given below:

  1. AOption (a)

    A and B only

  2. BOption (b)

    B and C only

  3. COption (c)

    B only

  4. DOption (d)

    B and E only

View answer & explanation

Correct answer

Answer: (c)C.

B only

Why this answer is correct

The correct answer is Option 3.

 Key Points

  • Offences and Death Penalty:
  • A. Kidnapping for Ransom etc.:
  • Under Section 364A of the Indian Penal Code (IPC), kidnapping for ransom is punishable with death or life imprisonment and fine.
  • B. Sedition:
  • Sedition, under Section 124A of the IPC, is not punishable with death. The maximum punishment for sedition is life imprisonment along with a fine.
  • C. Attempt to Murder by a person under sentence of imprisonment for life, if hurt is caused:
  • Under Section 307 of the IPC, attempt to murder by a person under sentence of imprisonment for life, if hurt is caused, is punishable with death or life imprisonment.
  • D. Murder:
  • Under Section 302 of the IPC, murder is punishable with death or life imprisonment and a fine.
  • E. Waging war against the Government of India:
  • Under Section 121 of the IPC, waging war against the Government of India is punishable with death or life imprisonment and a fine.

Additional Information

  • Option 1 (A and B only):
  • Incorrect because sedition is not punishable with death, while kidnapping for ransom can be.
  • Option 2 (B and C only):
  • Incorrect because the attempt to murder by a person under a life sentence can be punishable with death.
  • Option 3 (B only):
  • Correct because sedition is not punishable with death
  • Option 4 (B and E only):
  • Incorrect because waging war against the Government of India is punishable with death.

Question 17

What is the period of limitation to file a complaint before a Commission under the Consumer Protection Act, 2019?

  1. AOption (a)

    30 days

  2. BOption (b)

    60 days

  3. COption (c)

    1 year

  4. DOption (d)

    2 years

View answer & explanation

Correct answer

Answer: (d)D.

2 years

Why this answer is correct

The correct answer is Option 4.

Key Points

  • Period of Limitation under the Consumer Protection Act, 2019:
  • The period of limitation to file a complaint before a Commission under the Consumer Protection Act, 2019 is 2 years from the date on which the cause of action arises.

Additional Information

  • Option 1 (30 days):
  • Incorrect because 30 days is not the prescribed period of limitation for filing a consumer complaint.
  • Option 2 (60 days):
  • Incorrect because 60 days is not the prescribed period of limitation for filing a consumer complaint.
  • Option 3 (1 year):
  • Incorrect because 1 year is not the prescribed period of limitation for filing a consumer complaint.
  • Option 4 (2 years):
  • Correct because the Consumer Protection Act, 2019 specifically states that a complaint must be filed within 2 years from the date on which the cause of action arises.

Question 18

"Tort means a civil wrong which is not exclusively a breach of contract or breach of trust". This definition is given by:

  1. AOption (a)

    Salmond

  2. BOption (b)

    Winfield

  3. COption (c)

    Section 2(m) of the Limitation Act 1963

  4. DOption (d)

    Section 2(f) of the Limitation Act, 1963

View answer & explanation

Correct answer

Answer: (c)C.

Section 2(m) of the Limitation Act 1963

Why this answer is correct

The correct answer is Option 3.

Key Points

  • Definition of Tort:
  • The statement "Tort means a civil wrong which is not exclusively a breach of contract or breach of trust" is defined under Section 2(m) of the Limitation Act, 1963.

Additional Information

  • Option 1 (Salmond):
  • Salmond defined tort as a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation.
  • Option 2 (Winfield):
  • Winfield defined tort as a breach of a duty primarily fixed by the law; this duty is towards persons generally and its breach is redressible by an action for unliquidated damages.
  • Option 4 (Section 2(f) of the Limitation Act, 1963):
  • Section 2(f) of the Limitation Act, 1963 does not provide the definition of tort. It defines "applicant" which means any person from or through whom an applicant derives his right to apply.

Question 19

Which provision of the Patent Act States that discovery of any living thing or non-living thing substance occuring in nature is not patentable?

  1. AOption (a)

    Section 3(b)

  2. BOption (b)

    Section 3(c)

  3. COption (c)

    Section 3(e)

  4. DOption (d)

    Section 3(h)

View answer & explanation

Correct answer

Answer: (b)B.

Section 3(c)

Why this answer is correct

The correct answer is Option 2.

Key Points

Provision of the Patent Act Regarding Non-Patentable Discoveries

Introduction:

  • The Indian Patent Act, 1970, contains specific provisions that outline what is not patentable in India. These provisions ensure that certain discoveries, particularly those involving natural phenomena, living or non-living substances, are excluded from patent protection.

Key Points:

  • Section 3 of the Patent Act:
  • Section 3 of the Indian Patent Act lists the exceptions to what constitutes a patentable invention.
  • Section 3(b):
  • This section excludes inventions the primary or intended use or commercial exploitation of which could be contrary to public order or morality or cause serious prejudice to human, animal, or plant life or health or to the environment.
  • Section 3(c):
  • Discovery of Living or Non-Living Substances:
  • Section 3(c) specifically states that "the mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature" is not patentable.
  • This provision ensures that natural substances or phenomena cannot be patented merely because they have been discovered.
  • Section 3(e):
  • This section refers to a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance.
  • Section 3(h):
  • This section states that a method of agriculture or horticulture is not patentable.

Additional Information

  • Importance of Section 3(c):
  • This provision is crucial for maintaining the integrity of natural discoveries and ensuring that natural phenomena remain available for public use without the restrictions of patent protection.
  • It aligns with the global standards of patent law, which generally exclude natural discoveries from being patented.
  • Section 3(c) of the Indian Patent Act states that the discovery of any living or non-living substance occurring in nature is not patentable. This provision ensures that natural substances or phenomena are excluded from patent protection, maintaining their availability for public use. Therefore, the correct answer is Option 2.

Question 20

Which of the following are referred in the preamble of the National Green Tribunal Act, 2010?

A. Stockholm Conference

B. Rio de Janeiro Conference

C. Judicial pronouncement in India

D. Kyoto Protocol

Choose the correct answer from the options given below:

  1. AOption (a)

    A and B only

  2. BOption (b)

    A, B and C only

  3. COption (c)

    A, C and D only

  4. DOption (d)

    B, C and D only

View answer & explanation

Correct answer

Answer: (b)B.

A, B and C only

Why this answer is correct

The correct answer is Option 2.

Key Points

National Green Tribunal Act, 2010 - References in the Preamble

The National Green Tribunal (NGT) Act, 2010, was enacted to provide for the establishment of a National Green Tribunal for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.

  • Stockholm Conference:
  • The Stockholm Conference, also known as the United Nations Conference on the Human Environment, was held in 1972. It is one of the key international events that influenced the formulation of the NGT Act, 2010.
  • Rio de Janeiro Conference:
  • The Rio de Janeiro Conference, also known as the Earth Summit, was held in 1992. It focused on sustainable development and environmental protection, significantly influencing international and national environmental policies, including India's NGT Act.
  • Judicial Pronouncement in India:
  • The preamble of the NGT Act also refers to various judicial pronouncements in India that have emphasized the need for specialized environmental courts to address the growing environmental concerns effectively.
  • Kyoto Protocol:
  • The Kyoto Protocol, adopted in 1997, is an international treaty that commits its parties to reduce greenhouse gas emissions. While significant in global environmental governance, it is not explicitly referred to in the preamble of the NGT Act, 2010.

Additional Information

  • Relevance of the References:
  • The references to the Stockholm and Rio de Janeiro Conferences highlight India's commitment to international environmental principles and agreements.
  • Judicial pronouncements in India, such as those by the Supreme Court, have played a critical role in shaping the country's environmental jurisprudence and the establishment of the NGT.
  • The preamble of the National Green Tribunal Act, 2010, specifically refers to the Stockholm Conference, the Rio de Janeiro Conference, and judicial pronouncements in India. These references underscore the Act's foundation on international environmental principles and the need for specialized judicial mechanisms to address environmental issues. Therefore, the correct answer is Option 2: A, B, and C only.

Question 21

Which of the following 'Article' is common to all the four Geneva Conventions and called mini convention within the conventions?

  1. AOption (a)

    Article 2

  2. BOption (b)

    Article 3

  3. COption (c)

    Article 4

  4. DOption (d)

    Article 5

View answer & explanation

Correct answer

Answer: (b)B.

Article 3

Why this answer is correct

The correct answer is Option 2.

Key Points

  • The Geneva Conventions are a series of international treaties that set out the standards for humanitarian treatment in war. There are four conventions, each covering different aspects of armed conflict.
  1. Common Article 3:
  • Significance:
  • Article 3 is common to all four Geneva Conventions and is often referred to as a "mini convention within the conventions."
  • It applies to non-international armed conflicts, such as civil wars, and sets forth minimum standards of humane treatment that must be adhered to by all parties involved in the conflict.
  • Provisions:
  • Article 3 mandates humane treatment for all persons not taking an active part in hostilities, including members of armed forces who have laid down their arms and those placed hors de combat (out of combat) due to wounds, detention, or any other cause.
  • It explicitly prohibits violence to life and person (murder, mutilation, cruel treatment, and torture), taking of hostages, outrages upon personal dignity (humiliating and degrading treatment), and passing sentences and carrying out executions without prior judgment by a regularly constituted court.
  1. Article 2:
  • Significance:
  • Article 2 defines the scope of the Conventions, stating that they apply to all cases of declared war or any other armed conflict between two or more High Contracting Parties, even if the state of war is not recognized by one of them.
  • Applicability:
  • Article 2 primarily addresses international conflicts and does not contain the detailed humanitarian protections found in Article 3.
  1. Article 4:
  • Significance:
  • Article 4 of the Geneva Conventions pertains to the status and treatment of prisoners of war and other protected persons.
  • Applicability:
  • It is specific to the types of persons protected under the Conventions and does not have the broad application or foundational principles of Article 3.
  1. Article 5:
  • Significance:
  • Article 5 deals with the treatment of individuals who are accused of being spies or saboteurs and outlines specific provisions for their protection.
  • Applicability:
  • Like Article 4, it is more specific in scope and does not provide the comprehensive humanitarian protections of Article 3.

Conclusion:

  • Article 3 of the Geneva Conventions is common to all four Conventions and is often referred to as a "mini convention within the conventions" because of its fundamental and comprehensive humanitarian protections applicable in non-international armed conflicts. Therefore, the correct answer is Option 2: Article 3.

Question 22

Which of the following Article of the Constitution of India empowers parliament to Legislate on any matter for implementing the International obligations and decisions taken at the International Conferences?

  1. AOption (a)

    Article 252

  2. BOption (b)

    Article 253

  3. COption (c)

    Article 254

  4. DOption (d)

    Article 255

View answer & explanation

Correct answer

Answer: (b)B.

Article 253

Why this answer is correct

The correct answer is Option 2.

Key Points

  • The Constitution of India provides specific articles that empower the Parliament to legislate on various matters, including those related to international obligations and decisions taken at international conferences.
  1. Article 253:
  • Provision:
  • Article 253 of the Constitution of India empowers Parliament to make laws for the whole or any part of the territory of India for implementing any treaty, agreement, or convention with any other country or countries or any decision made at any international conference, association, or other body.
  • Significance:
  • This article grants Parliament the authority to legislate on matters listed in the State List if it is necessary for fulfilling international obligations. This ensures that India can meet its commitments under international treaties and agreements.
  1. Article 252:
  • Provision:
  • Article 252 deals with the power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State. It allows the Parliament to legislate on matters in the State List if the states involved consent to it.
  • Significance:
  • This article is not related to international obligations or conferences but rather to inter-state cooperation within India.
  1. Article 254:
  • Provision:
  • Article 254 addresses inconsistencies between laws made by Parliament and laws made by State Legislatures. If any provision of a law made by a State Legislature is repugnant to any provision of a law made by Parliament, the parliamentary law prevails.
  • Significance:
  • This article is about resolving conflicts between central and state laws, not about international obligations.
  1. Article 255:
  • Provision:
  • Article 255 deals with the requirements for assent to bills and certain acts of legislation to be valid. It states that no act of the Parliament or of the Legislature of a State shall be invalid by reason only that some recommendation or previous sanction required by the Constitution was not given.
  • Significance:
  • This article ensures the validity of certain legislative processes but is not related to international obligations.

Conclusion:

  • Article 253 of the Constitution of India specifically empowers Parliament to legislate on any matter for implementing international obligations and decisions taken at international conferences. Therefore, the correct answer is Option 2: Article 253.

Question 23

Match List - I with List - II.

​List - I
(Case)
List - II
(Related to)
A.Ashok Hura vs. Rupa Hural.Cruelty
B.Chanmuniya vs. Virender Kumar Küshwahall.Live-in-relationship
C.Dastane vs. Dastanelll.Guardianship
D.Gita Hariharan vs. Reserve Bank of IndialV.Divorce

Choose the correct answer from the options given below:

  1. AOption (a)

    A - III, B - II, C - IV, D - I

  2. BOption (b)

    A - IV, B - III, C - II, D - I

  3. COption (c)

    A - IV, B - II, C - I, D - III

  4. DOption (d)

    A - I, B  -IV, C - III, D - II

View answer & explanation

Correct answer

Answer: (c)C.

A - IV, B - II, C - I, D - III

Why this answer is correct

The correct answer is Option 3.

Key Points

  • A. Ashok Hura vs. Rupa Hura - IV. Divorce

This case is related to divorce proceedings.

  • B. Chanmuniya vs. Virender Kumar Kushwaha - II. Live-in-relationship

This case dealt with the recognition and rights of partners in a live-in relationship.

  • C. Dastane vs. Dastane - I. Cruelty

This case focused on the grounds of cruelty in matrimonial disputes.

  • D. Gita Hariharan vs. Reserve Bank of India - III. Guardianship

This case pertained to the rights of a mother to be the guardian of her child.

Question 24

Arrange the following in chronological order of provisions under the Competition Act, 2002:

A. Composition of Commission

B. Combination

C. Abuse of dominant position

D. Anti-competitive agreement

E. Regulations of Combinations

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, E, D, C

  2. BOption (b)

    C, D, B, E, A

  3. COption (c)

    D, C, B, E, A

  4. DOption (d)

    D, B, C, E, A

View answer & explanation

Correct answer

Answer: (c)C.

D, C, B, E, A

Why this answer is correct

The correct answer is Option 3.

Key Points

Here is the chronological order of the provisions under the Competition Act, 2002, along with the corresponding sections:

  1. Anti-competitive Agreement (D):
  • Section 3: This section prohibits any agreements that cause or are likely to cause an appreciable adverse effect on competition within India. These agreements include cartels, price-fixing, and bid-rigging.
  1. Abuse of Dominant Position (C):
  • Section 4: This section addresses the abuse of a dominant position by an enterprise. It prohibits practices such as unfair or discriminatory pricing, limiting production or technical development, and creating barriers to entry.
  1. Combination (B):
  • Section 5: This section defines what constitutes a combination, including mergers, acquisitions, and amalgamations that meet certain thresholds.
  1. Regulations of Combinations (E):
  • Section 6: This section regulates combinations to ensure they do not have an appreciable adverse effect on competition in the relevant market. It requires prior notification to the Competition Commission of India (CCI) for approval.
  1. Composition of Commission (A):
  • Sections 7 to 13: These sections deal with the establishment, composition, and functioning of the Competition Commission of India (CCI). They outline the qualifications, appointment, terms of office, and conditions of service of the Chairperson and other Members of the Commission.

So, the chronological order with sections is:

  1. Anti-competitive Agreement (D) - Section 3
  2. Abuse of Dominant Position (C) - Section 4
  3. Combination (B) - Section 5
  4. Regulations of Combinations (E) - Section 6
  5. Composition of Commission (A) - Sections 7 to 13

The correct answer is Option 3: D, C, B, E, A.

Question 25

Following provisions are inserted to the Copyright Act, 1957 by amendment on several occassions. Arrange the provisions in chronological order as per the date of its amendment:

A. Section 31 B ∶ Compulsory Licence for benefit of disabled

B. Section 42 A ∶  Power to restrict rights of foreign broadcasting organisations and performers

C. Section 53 A ∶  Resale share right in originalcopies

D. Section 28 A ∶  Term of copyright in works of Public Undertaking

Choose the correct answer from the options given below:

  1. AOption (a)

    A, D, B and C

  2. BOption (b)

    A, C, B and D

  3. COption (c)

    C, D, B and A

  4. DOption (d)

    D, C, B and A

View answer & explanation

Correct answer

Answer: (d)D.

D, C, B and A

Why this answer is correct

The correct answer is Option 4.

Key Points

  1. Section 28A: Term of copyright in works of Public Undertaking
  • Inserted by: Copyright (Amendment) Act, 1984
  • Date: 8th October 1984
  1. Section 53A: Resale share right in original copies
  • Inserted by: Copyright (Amendment) Act, 1999
  • Date: 15th January 2000
  1. Section 42A: Power to restrict rights of foreign broadcasting organisations and performers
  • Inserted by: Copyright (Amendment) Act, 2012
  • Date: 21st June 2012
  1. Section 31B: Compulsory Licence for benefit of disabled
  • Inserted by: Copyright (Amendment) Act, 2012
  • Date: 21st June 2012

Chronological Order:

  1. Section 28A (1984)
  2. Section 53A (2000)
  3. Section 42A (2012)
  4. Section 31B (2012)

Therefore, the correct order is Option 4: D, C, B and A.

Question 26

Arrange the following cases in the sequence of year in which they were decided:

A. Pacquette Habana (The Lola)

B. Vishaka v. State of Rajasthan

C. Jolly George v. Bank of Cochin

D. Habeas Corpus Case

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, C, D

  2. BOption (b)

    D, A, C, B

  3. COption (c)

    A, D, C, B

  4. DOption (d)

    A, D, B, C

View answer & explanation

Correct answer

Answer: (c)C.

A, D, C, B

Why this answer is correct

The correct answer is Option 3.

Key Points

  1. Pacquette Habana (The Lola):
  • Year Decided: 1900
  • Significance: This U.S. Supreme Court case established that customary international law is part of U.S. law.
  1. Habeas Corpus Case (ADM Jabalpur v. Shivkant Shukla):
  • Year Decided: 1976
  • Significance: This Indian Supreme Court case dealt with the suspension of the right to habeas corpus during the Emergency in India.
  1. Jolly George v. Bank of Cochin:
  • Year Decided: 1980
  • Significance: This Indian Supreme Court case involved the issue of imprisonment for failure to pay debts, discussing the enforcement of foreign judgments.
  1. Vishaka v. State of Rajasthan:
  • Year Decided: 1997
  • Significance: This landmark Indian Supreme Court case laid down guidelines to prevent sexual harassment of women at the workplace.

Therefore, the chronological order of the cases is:

  1. Pacquette Habana (The Lola) - 1900
  2. Habeas Corpus Case - 1976
  3. Jolly George v. Bank of Cochin - 1980
  4. Vishaka v. State of Rajasthan - 1997

Hence, the correct answer is Option 3: A, D, C, B.

Question 27

Which of the following pair(s) is/are incorrectly matched ?

A. Social Solidarity - Duguit

B. Grundnorm - Hens Kelson

C. Felicific Calculus - Austin

D. Volksgeist - Saviginy

E. Social Engineering - Ihering

Choose the most appropriate answer from the options given below:

  1. AOption (a)

    ​A and C only

  2. BOption (b)

    ​C and E only

  3. COption (c)

    B and D only

  4. DOption (d)

    A, C and E only

View answer & explanation

Correct answer

Answer: (b)B.

​C and E only

Why this answer is correct

The correct answer is Option 2.

Key Points

  • A. Social Solidarity - Duguit: Correct. Léon Duguit, a French jurist, is known for the concept of social solidarity, which emphasizes the interdependence of individuals within society.
  • B. Grundnorm - Hens Kelson: Incorrectly spelled. The correct spelling is Hans Kelsen. However, the concept of Grundnorm (basic norm) is correctly attributed to Hans Kelsen, a renowned jurist known for his Pure Theory of Law.
  • C. Felicific Calculus - Austin: Incorrect. The Felicific Calculus is actually attributed to Jeremy Bentham, an English philosopher and jurist, who developed this method to quantify happiness and guide moral decisions.
  • D. Volksgeist - Saviginy: Incorrectly spelled. The correct spelling is Savigny. Friedrich Carl von Savigny, a German jurist, is known for the concept of Volksgeist (spirit of the people), which emphasizes the importance of national character and culture in the development of law.
  • E. Social Engineering - Ihering: Incorrect. The concept of Social Engineering is actually attributed to Roscoe Pound, an American legal scholar, who viewed law as a tool for engineering society and achieving social order.

Therefore, the pairs incorrectly matched are C (Felicific Calculus - Austin) and E (Social Engineering - Ihering).

Question 28

"Administrative Law is the law concerning the powers and procedure of administrative agencies including especially the law governing the judicial review of administrative action."

Who propounded the above definition to administrative law?

  1. AOption (a)

    Ivor Jennings

  2. BOption (b)

    Prof. H.W.R. Wade

  3. COption (c)

    K.C. Davis

  4. DOption (d)

    Garner

View answer & explanation

Correct answer

Answer: (c)C.

K.C. Davis

Why this answer is correct

The correct answer is Option 3.

Key Points

  • Kenneth Culp Davis, commonly known as K.C. Davis, was a prominent scholar in the field of administrative law. His definition emphasizes the procedural and judicial review aspects of administrative law, highlighting the legal framework governing the actions and decisions of administrative agencies.
  • "Administrative Law is the law concerning the powers and procedure of administrative agencies including especially the law governing the judicial review of administrative action."-
  • This definition is widely recognized in the study and practice of administrative law.

The correct answer is Option 3: K.C. Davis.

Question 29

Match List - I with List - II.

​List - IList - II
A.Volenti non fit Injurial.Stanley v. Powell
B.Inevitable Accidentll.Cope v. Sharpe
C.Act of Godlll.Hall v. Brooklands Auto Racing Club
D.NecessitylV.Nichols v. Mars Land

Choose the correct answer from the options given below:

  1. AOption (a)

    A - I, B - II, C - III, D - IV

  2. BOption (b)

    A - III, B - I, C - IV, D - II

  3. COption (c)

    A - I, B - III, C - II, D - IV

  4. DOption (d)

    A - III, B - I, C - II, D - IV

View answer & explanation

Correct answer

Answer: (b)B.

A - III, B - I, C - IV, D - II

Why this answer is correct

The correct answer is Option 2.

Key Points

  1. Volenti non fit Injuria (A) - Hall v. Brooklands Auto Racing Club (III)
  • This legal principle means "to a willing person, no injury is done." It applies when a person voluntarily takes a risk. In Hall v. Brooklands Auto Racing Club, spectators at a motor race who had accepted the inherent risks were barred from claiming damages for injuries.
  1. Inevitable Accident (B) - Stanley v. Powell (I)
  • This principle applies when an accident occurs despite all precautions being taken. In Stanley v. Powell, a shooting accident was deemed an inevitable accident as it occurred despite no negligence.
  1. Act of God (C) - Nichols v. Marsland (IV)
  • This principle refers to natural events beyond human control. In Nichols v. Marsland, extraordinary rainfall causing reservoirs to flood was considered an Act of God.
  1. Necessity (D) - Cope v. Sharpe (II)
  • This principle justifies an act that would otherwise be a tort because it was necessary to prevent a greater harm. In Cope v. Sharpe, actions taken to prevent a fire were deemed necessary.

Thus, the correct matching is:

  • A - III (Volenti non fit Injuria - Hall v. Brooklands Auto Racing Club)
  • B - I (Inevitable Accident - Stanley v. Powell)
  • C - IV (Act of God - Nichols v. Marsland)
  • D - II (Necessity - Cope v. Sharpe)

Therefore, the correct answer is Option 2: A - III, B - I, C - IV, D - II.

Question 30

Which of the following Articles of Indian Constitution are related with the Protection of Environment?

A. Art. 48

B. Art. 48-A

C. Art. 21

D. Art. 51-A(g)

E. Art. 51-A(e)

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, E only

  2. BOption (b)

    A, C and D only

  3. COption (c)

    B, C and D only

  4. DOption (d)

    B, C and E only

View answer & explanation

Correct answer

Answer: (c)C.

B, C and D only

Why this answer is correct

The correct answer is Option 3.

Key Points

  1. Article 48-A: Part of the Directive Principles of State Policy, this article specifically directs the state to protect and improve the environment and to safeguard the forests and wildlife of the country.
  2. Article 21: Though primarily concerned with the right to life and personal liberty, the Supreme Court of India has interpreted this article to include the right to a healthy environment as a fundamental right.
  3. Article 51-A(g): One of the Fundamental Duties, this article imposes a duty on every citizen to protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.

Articles not directly related to environmental protection:

  • Article 48: This article is concerned with the organization of agriculture and animal husbandry and includes directives related to cattle.
  • Article 51-A(e): This article refers to the duty of every citizen to promote harmony and the spirit of common brotherhood amongst all the people of India, transcending religious, linguistic, regional, or sectional diversities.

Therefore, the articles directly related to the protection of the environment are B, C, and D. Hence, the correct answer is Option 3: B, C and D only.

Question 31

Match List - I with List - II.

​List - I
(Convention)
​List - II
(Related to)
A.1st Geneva Convention of 1949l.Field (Land)
B.2nd Geneva Convention of 1949ll.Sea
C.3rd Geneva Convention of 1949lll.Civilians
D.4th Geneva Convention of 1949lV.Prisoners of war

Choose the correct answer from the options given below:

  1. AOption (a)

    A - I, B - II, C - III, D - IV

  2. BOption (b)

    A - II, B - I, C - IV, D - III

  3. COption (c)

    A - I, B - II, C - IV, D - III

  4. DOption (d)

    A - IV, B - III, C - II, D - I

View answer & explanation

Correct answer

Answer: (c)C.

A - I, B - II, C - IV, D - III

Why this answer is correct

The correct answer is Option 3.

Key Points

  1. 1st Geneva Convention of 1949 - Field (Land)
  • This convention deals with the protection of wounded and sick soldiers on land during wartime.
  • It sets forth the standards for humanitarian treatment in conflict areas on land.
  1. 2nd Geneva Convention of 1949 - Sea
  • This convention applies to wounded, sick, and shipwrecked military personnel at sea during wars.
  • It extends protections similar to those in the first convention but focuses on naval warfare.
  1. 3rd Geneva Convention of 1949 - Prisoners of war
  • This convention addresses the treatment of prisoners of war.
  • It establishes their rights and protections, ensuring humane treatment and conditions of captivity.
  1. 4th Geneva Convention of 1949 - Civilians
  • This convention focuses on the protection of civilians during times of war.
  • It outlines protections for those who are not taking part in hostilities, including those in occupied territories.

Therefore, the correct pairing is:

  • A - I: 1st Geneva Convention of 1949 - Field (Land)
  • B - II: 2nd Geneva Convention of 1949 - Sea
  • C - IV: 3rd Geneva Convention of 1949 - Prisoners of war
  • D - III: 4th Geneva Convention of 1949 - Civilians

Additional Information:

  • Geneva Conventions
  • The Geneva Conventions are a series of treaties on the treatment of civilians, prisoners of war (POWs), and soldiers who are otherwise rendered hors de combat (unable to fight).
  • They were first adopted in 1864 and were significantly revised and expanded in 1949 after World War II.
  • The conventions form the core of international humanitarian law, setting the standards for the humanitarian treatment of war victims.

Question 32

Which of the following provision of the Protection of Human Rights Act, 1993 defines the 'Human Rights'?

  1. AOption (a)

    Section 2(b)

  2. BOption (b)

    Section 2(c)

  3. COption (c)

    Section 2(d)

  4. DOption (d)

    Section 2(e)

View answer & explanation

Correct answer

Answer: (c)C.

Section 2(d)

Why this answer is correct

The correct answer is Option 3.

Key Points

  • Human Rights as defined in Section 2(d):
  • Section 2(d) of the Protection of Human Rights Act, 1993, defines 'Human Rights' as the rights relating to life, liberty, equality, and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.
  • This section provides a comprehensive definition that includes various fundamental rights protected by the Constitution of India and international human rights instruments.

Additional Information

  • Overview of other options:
  • Section 2(b):
  • This section defines 'Chairperson' in the context of the National Human Rights Commission (NHRC).
  • It is not related to the definition of human rights.
  • Section 2(c):
  • This section defines 'Commission,' referring to the National Human Rights Commission, the State Human Rights Commission, or the Human Rights Courts.
  • It does not define human rights.
  • Section 2(e):
  • This section defines 'International Covenants,' which refers to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights adopted by the General Assembly of the United Nations.
  • It is not the section that defines human rights but is relevant to the context of human rights laws and standards.

Question 33

Cases where the doctrine of supervening impossibility applies :

A. Difficulty of performance

B. Commercial impossibility

C. Strikes and Lock-outs

D. Out-break of war

E. Destruction of Subject-matter

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, C, D only

  2. BOption (b)

    B, C, D only

  3. COption (c)

    B, C only

  4. DOption (d)

    D, E only

View answer & explanation

Correct answer

Answer: (d)D.

D, E only

Why this answer is correct

The correct answer is option 4.

Key PointsCases where the doctrine of supervening impossibility applies:

  • Difficulty of performance
  • This generally does not apply under supervening impossibility as it usually requires absolute impossibility. Hence statement A is incorrect.
  • Commercial impossibility
  • Commercial difficulties or losses are typically not enough to invoke supervening impossibility. Hence statement B is incorrect.
  • Strikes and Lock-outs
  • These are usually considered as foreseeable events and do not typically fall under supervening impossibility. Hence statement C is incorrect.
  • Outbreak of war
  • An outbreak of war can render the performance of a contract impossible due to legal or physical reasons, and it is recognized under supervening impossibility. Hence statement D is correct.
  • Destruction of Subject-matter
  • If the subject matter of a contract is destroyed without any fault of the parties, it can invoke the doctrine of supervening impossibility. Hence statement E is correct.

Additional Information

  • Supervening Impossibility
  • This legal doctrine applies when an unforeseen event occurs after the formation of a contract, making performance impossible.
  • It is also known as 'frustration of contract' in some jurisdictions.

Question 34

Arrange the following organs in the sequence in which they were given in the U.N. Charter :

A. Security Council

B. International Court of Justice

C. Trusteeship Council

D. Economic and Social Council

E. Secretariat

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, C, D, E

  2. BOption (b)

    A, B, E, D, C

  3. COption (c)

    A, D, C, B, E

  4. DOption (d)

    A, E, D, C, B

View answer & explanation

Correct answer

Answer: (c)C.

A, D, C, B, E

Why this answer is correct

The correct answer is Option 3.

Key Points

  • Sequence of Organs in the U.N. Charter:
  • The organs of the United Nations are listed in the U.N. Charter in a specific order. Here are the articles related to each organ:
  • A. Security Council (Article 7):
  • The Security Council is responsible for maintaining international peace and security.
  • Relevant Articles: Articles 23-32 of the U.N. Charter.
  • D. Economic and Social Council (Article 7):
  • The Economic and Social Council coordinates the economic, social, and related work of 15 UN specialized agencies, their functional commissions, and five regional commissions.
  • Relevant Articles: Articles 61-72 of the U.N. Charter.
  • C. Trusteeship Council (Article 7):
  • The Trusteeship Council was established to oversee the administration of trust territories and ensure that adequate steps were taken to prepare the territories for self-government and independence.
  • Relevant Articles: Articles 86-91 of the U.N. Charter.
  • B. International Court of Justice (Article 7):
  • The International Court of Justice is the principal judicial organ of the United Nations.
  • Relevant Articles: Articles 92-96 of the U.N. Charter.
  • E. Secretariat (Article 7):
  • The Secretariat is the UN's executive arm and is responsible for administering and coordinating the policies and programs laid down by the other UN organs.
  • Relevant Articles: Articles 97-101 of the U.N. Charter.

Additional Information

  • Option 1:
  • A, B, C, D, E
  • Incorrect because the sequence does not match the order in the U.N. Charter.
  • Option 2:
  • A, B, E, D, C
  • Incorrect because it misplaces the Economic and Social Council and Trusteeship Council.
  • Option 4:
  • A, E, D, C, B
  • Incorrect because the International Court of Justice is not placed correctly.

Question 35

In the case of Council of Civil Service Union v. Minister for the Civil Service (1985) AC 374, Lord Diplock has laid down grounds for reversing an administrative decision by way of judicial review:

A. Illegality

B. Irrationality

C. Procedural impropriety

D. Protection of fundamental right

E. Proportionality

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B and C only

  2. BOption (b)

    A, B and D only

  3. COption (c)

    A, C and D only

  4. DOption (d)

    A, D and E only

View answer & explanation

Correct answer

Answer: (a)A.

A, B and C only

Why this answer is correct

The correct answer is Option 1.

Key Points

Grounds for Judicial Review in Council of Civil Service Union v. Minister for the Civil Service (1985) AC 374

  • The case of Council of Civil Service Union v. Minister for the Civil Service (1985) AC 374 is a landmark judgment in UK administrative law. In this case, Lord Diplock articulated the grounds on which an administrative decision can be challenged by way of judicial review.
  • Illegality:
  • An administrative decision can be challenged on the ground of illegality if the decision-maker does not understand correctly the law that regulates his or her decision-making power or fails to give effect to it. This is one of the primary grounds laid down by Lord Diplock.
  • Irrationality:
  • An administrative decision can be challenged on the ground of irrationality if it is so outrageous in its defiance of logic or accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it. This ground is also referred to as "Wednesbury unreasonableness."
  • Procedural Impropriety:
  • An administrative decision can be challenged on the ground of procedural impropriety if the decision-maker fails to follow the procedural rules that are expressly laid down in the legislative instrument or implicitly required by the principles of natural justice. This ground ensures fairness in the decision-making process.

Additional Information

  • Incorrect Options Explained:
  • Option 2: A, B and D only
  • This option is incorrect because "protection of fundamental right" (D) is not explicitly mentioned as a ground by Lord Diplock. The correct grounds are illegality, irrationality, and procedural impropriety.
  • Option 3: A, C and D only
  • This option is incorrect because it includes "protection of fundamental right" (D) and omits "irrationality" (B), which is a key ground laid down by Lord Diplock.
  • Option 4: A, D and E only
  • This option is incorrect because it includes "protection of fundamental right" (D) and "proportionality" (E). While proportionality has become an important ground in judicial review, it was not one of the original grounds laid down by Lord Diplock in this case.

Conclusion:

  • The correct grounds for reversing an administrative decision by way of judicial review as laid down by Lord Diplock in Council of Civil Service Union v. Minister for the Civil Service are illegality, irrationality, and procedural impropriety. Therefore, the correct answer is A, B, and C only.

Question 36

Arrange the following in sequence as they are given in Article 38 of the Statute to International Court of Justice:

A. International Custom

B. International Conventions

C. General Principles of Law

D. Judicial decisions

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, C, D

  2. BOption (b)

    B, A, C, D

  3. COption (c)

    D, C, B, A

  4. DOption (d)

    B, A, D, C

View answer & explanation

Correct answer

Answer: (b)B.

B, A, C, D

Why this answer is correct

The correct answer is Option 2.

Key Points

Sequence as Given in Article 38 of the Statute to the International Court of Justice

  • Article 38 of the Statute of the International Court of Justice (ICJ) outlines the sources of international law that the Court shall apply in its deliberations and decisions.
  • Article 38 of the ICJ Statute:
  • This Article lists the primary and secondary sources of international law that the ICJ uses to settle disputes submitted to it. The sources are listed in a specific sequence reflecting their order of precedence.
  • Correct Sequence:
  • B. International Conventions: These are treaties and agreements between states that are explicitly recognized by the contesting states.
  • A. International Custom: These are practices and customs that have gained acceptance as legal obligations.
  • C. General Principles of Law: These are principles recognized by civilized nations and provide a foundation when neither conventions nor customs offer guidance.
  • D. Judicial Decisions: These include past judgments and opinions of international courts and tribunals, which serve as subsidiary means for determining rules of law.

Question 37

Adultery was decriminalised and Section 497 was declared as unconstitutional as violative of Article 14, 15 and 21 of the Constitution. This was decided in the case of:

  1. AOption (a)

    Navtej Singh Johar v. Union of India, AIR 2018 SC 4321

  2. BOption (b)

    Joseph Shine v. Union of India, AIR 2018 SC 4898

  3. COption (c)

    Suresh Kumar Koushal v. Naz Foundation, AIR 2014 SC 563

  4. DOption (d)

    National Legal Services Authority v. Union of India, AIR 2014 SC 1863

View answer & explanation

Correct answer

Answer: (b)B.

Joseph Shine v. Union of India, AIR 2018 SC 4898

Why this answer is correct

The correct answer is Option 2.

Key Points

Decriminalization of Adultery - Joseph Shine v. Union of India

  • Adultery was decriminalized in India by the Supreme Court in a landmark judgment where Section 497 of the Indian Penal Code (IPC), which criminalized adultery, was declared unconstitutional.
  • Case: Joseph Shine v. Union of India, AIR 2018 SC 4898
  • In this case, the Supreme Court of India decriminalized adultery, striking down Section 497 IPC.
  • The Court held that Section 497 was unconstitutional as it violated Articles 14 (Right to Equality), 15 (Prohibition of Discrimination), and 21 (Right to Life and Personal Liberty) of the Indian Constitution.
  • Reasoning:
  • The judgment emphasized that Section 497 treated women as the property of their husbands and was based on gender stereotypes.
  • The Court noted that the provision was archaic and did not reflect the contemporary societal values.
  • It also highlighted that adultery should be treated as a matter of personal morality and not as a criminal offense.

Additional Information

  • Other Cases:
  • Navtej Singh Johar v. Union of India, AIR 2018 SC 4321: This case decriminalized consensual homosexual acts between adults by reading down Section 377 of the IPC.
  • Suresh Kumar Koushal v. Naz Foundation, AIR 2014 SC 563: This case had initially upheld the criminalization of homosexual acts under Section 377 IPC, which was later overturned by the Navtej Singh Johar case.
  • National Legal Services Authority v. Union of India, AIR 2014 SC 1863: This case recognized transgender people as a third gender and affirmed their fundamental rights under the Constitution.

Conclusion:

  • The Supreme Court decriminalized adultery and declared Section 497 unconstitutional in the case of Joseph Shine v. Union of India, AIR 2018 SC 4898. Therefore, the correct answer is Option 2.

Question 38

'A' with an intention to kill 'B' mixes poison in the sweets and placed the sweets before 'B'. 'B' who was angry on 'A' for some issue threw the sweets from the window. 'Raju' a small boy who was picking rags on the road found the sweets on road and ate the sweets. As a consequence, the boy dies of poison. 'B' has committed:

  1. AOption (a)

    Death by Negligence

  2. BOption (b)

    Culpable Homicide not amounting to murder

  3. COption (c)

    Murder

  4. DOption (d)

    No offence

View answer & explanation

Correct answer

Answer: (d)D.

No offence

Why this answer is correct

The correct answer is Option 4.

Key Points

  1. Intent and Action:
  • 'A' had the intention to kill 'B' and took steps to execute this intention by poisoning the sweets.
  • 'B', without knowledge of the poison, threw the sweets out of the window due to anger towards 'A'.
  1. Chain of Events:
  • The poisoned sweets were found by Raju, a small boy, who ate them and subsequently died from the poison.
  1. Liability of 'B':
  • For 'B' to be liable for any offence, there must be some form of culpability or negligence on their part.
  • 'B' did not know the sweets were poisoned and did not have any intention to harm Raju.
  • 'B's action of throwing the sweets out of the window does not constitute negligence in the legal sense, as there was no reasonable foreseeability that such an act would lead to someone's death.

Legal Reasoning:

  • Murder (Option 3): For 'B' to be guilty of murder, there must be an intention to kill or cause grievous harm, which 'B' did not have.
  • Culpable Homicide not amounting to murder (Option 2): This would require 'B' to have some form of culpable mental state or knowledge that their actions would likely cause death, which is not the case here.
  • Death by Negligence (Option 1): This would require a negligent act leading to death. 'B's act of throwing the sweets, without knowledge of the poison, does not amount to criminal negligence.

Conclusion:

  • Given that 'B' acted out of anger and without knowledge of the poison, and there was no reasonable foreseeability of harm from his action, 'B' has not committed any offence. The legal liability for Raju's death would fall on 'A', who had the intention to kill and poisoned the sweets. Therefore, the correct answer is Option 4: No offence.

Question 39

Arrange in chronological order the grounds of divorce as provided under section 13 of the Hindu Marriage Act, 1955:

A. Conversion

B. Desertion

C. Cruelty

D. Unsoundness of mind

E. Voluntary sexual intercourse with any other person than his or her spouse

Choose the correct answer from the options given below:

  1. AOption (a)

    C, A, B, E and D

  2. BOption (b)

    B, C, A, D and E

  3. COption (c)

    E, B, A, C and D

  4. DOption (d)

    E, C, B, A and D

View answer & explanation

Correct answer

Answer: (d)D.

E, C, B, A and D

Why this answer is correct

The correct answer is Option 4.

Key Points

Chronological Order of Grounds of Divorce under Section 13 of the Hindu Marriage Act, 1955

  • Section 13 of the Hindu Marriage Act, 1955, provides the grounds on which a marriage can be dissolved by a decree of divorce.
  1. Voluntary sexual intercourse with any person other than his or her spouse:
  • Section 13(1)(i):
  • This ground relates to adultery, where one spouse has engaged in voluntary sexual intercourse with someone other than their spouse.
  1. Cruelty:
  • Section 13(1)(ia):
  • This ground refers to acts of cruelty by one spouse towards the other, making it impossible for the spouses to live together.
  1. Desertion:
  • Section 13(1)(ib):
  • Desertion involves one spouse abandoning the other without reasonable cause and without the consent of the other spouse for a continuous period of not less than two years.
  1. Conversion:
  • Section 13(1)(ii):
  • This ground applies when one spouse has ceased to be a Hindu by converting to another religion.
  1. Unsoundness of mind:
  • Section 13(1)(iii):
  • This ground refers to situations where one spouse has been suffering from a mental disorder of such a kind and to such an extent that the other spouse cannot reasonably be expected to live with them.
  • The correct chronological order of the grounds of divorce as provided under Section 13 of the Hindu Marriage Act, 1955, is:

E. Voluntary sexual intercourse with any person other than his or her spouse (Section 13(1)(i))

C. Cruelty (Section 13(1)(ia))

B. Desertion (Section 13(1)(ib))

A. Conversion (Section 13(1)(ii))

D. Unsoundness of mind (Section 13(1)(iii))

Therefore, the correct answer is Option 4: E, C, B, A, and D.

Question 40

Chronologically arrange the following as per the sections of the Companies Act, 2013:

A. Red-herring Prospectus

B. Deemed Prospectus

C. Abridged Prospectus

D. Shelf Prospectus

E. Prospectus

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, C, D, E

  2. BOption (b)

    B, A, E, D, C

  3. COption (c)

    E, B, C, D, A

  4. DOption (d)

    C, E, B, D, A

View answer & explanation

Correct answer

Answer: (d)D.

C, E, B, D, A

Why this answer is correct

The correct answer is Option 4.

Key Points

Chronological Arrangement of Sections under the Companies Act, 2013:

  • The Companies Act, 2013, contains various provisions related to different types of prospectuses. These sections are organized in a specific order within the Act.
  1. Abridged Prospectus (Section 2(1)):
  • The abridged prospectus is a summary of the prospectus, which includes key information about the company and the public offering.
  1. Prospectus (Section 2(70):
  • A prospectus is a formal legal document required by and filed with the relevant regulatory authority that provides details about an investment offering for sale to the public.
  1. Deemed Prospectus (Section 25):
  • A deemed prospectus is any document that offers for sale or purchase of securities to the public and is deemed to be a prospectus by virtue of the company’s declaration.
  1. Shelf Prospectus (Section 31):
  • A shelf prospectus allows a company to issue securities in multiple tranches over a period of time without the need to file a new prospectus each time.
  1. Red-herring Prospectus (Section 32):
  • A red-herring prospectus is a preliminary prospectus filed by a company with the Securities and Exchange Commission (SEC), usually in connection with an initial public offering.

Conclusion:

  • The correct chronological order as per the sections of the Companies Act, 2013, is:
  • C. Abridged Prospectus (Section 2(1))
  • E. Prospectus (Section 2(70)
  • B. Deemed Prospectus (Section 25)
  • D. Shelf Prospectus (Section 31)
  • A. Red-herring Prospectus (Section 32)

Therefore, the correct answer is Option 4: C, E, B, D, A.

Question 41

In which of the following case, the principle of Natural Justice is applicable?

  1. AOption (a)

    Cases that falls within the second proviso to Article 311(2)

  2. BOption (b)

    Cases where administrative action effects a larger number of person

  3. COption (c)

    Framing delegated legislation

  4. DOption (d)

    Refusal of License

View answer & explanation

Correct answer

Answer: (d)D.

Refusal of License

Why this answer is correct

The correct answer is Option 4.

Key Points

  • Natural Justice is a principle of law that ensures fairness in the decision-making process. It includes two main rules: "audi alteram partem" (the right to be heard) and "nemo judex in causa sua" (no one should be a judge in their own cause). These principles aim to ensure fair procedures when administrative or judicial decisions affect individuals' rights or interests.
  1. Cases that fall within the second proviso to Article 311(2):
  • Explanation:
  • Article 311(2) of the Indian Constitution provides protections to civil servants, ensuring that they are not dismissed, removed, or reduced in rank without a reasonable opportunity to be heard.
  • The second proviso to Article 311(2) lists exceptions where these protections may not apply, such as situations where the President or the Governor is satisfied that it is not expedient in the interest of the security of the state to give such an opportunity.
  • Applicability of Natural Justice:
  • In these exceptional cases, the principle of Natural Justice may not be strictly applied due to overriding concerns like national security.
  1. Cases where administrative action affects a larger number of persons:
  • Explanation:
  • When an administrative action affects a large number of people, the process might involve general rules or policies.
  • Applicability of Natural Justice:
  • In such cases, individual hearings for every affected person may not be feasible. However, Natural Justice can still be applied in ensuring that the policy-making process is transparent and fair.
  1. Framing delegated legislation:
  • Explanation:
  • Delegated legislation refers to laws or regulations enacted by an authority under powers given to them by primary legislation.
  • Applicability of Natural Justice:
  • Natural Justice is generally not applied to the process of framing delegated legislation as it involves policy decisions rather than adjudication of individual rights.
  1. Refusal of License:
  • Explanation:
  • When an administrative authority decides to refuse a license, it directly affects the rights or interests of the applicant.
  • Applicability of Natural Justice:
  • In such cases, the principles of Natural Justice are applicable. The authority must provide the applicant with an opportunity to be heard and explain the reasons for refusal. This ensures a fair and transparent decision-making process.
  • Among the given options, the principle of Natural Justice is most directly applicable in cases of the refusal of a license. This is because such a decision affects the rights and interests of an individual, necessitating a fair hearing and explanation. Therefore, the correct answer is Option 4: Refusal of License.

Question 42

Which of the following section of Indian Penal Code, 1860 is based on the maxim "Volenti non fit injuria"?

  1. AOption (a)

    Section 80

  2. BOption (b)

    Section 81

  3. COption (c)

    Section 85

  4. DOption (d)

    Section 87

View answer & explanation

Correct answer

Answer: (d)D.

Section 87

Why this answer is correct

The correct answer is Option 4.

Key Points

  • The maxim "Volenti non fit injuria" means "to one who is willing, no harm is done." It signifies that a person who willingly consents to a risk cannot claim damages for any harm resulting from it.
  1. Section 80: Accident in doing a lawful act
  • Explanation:
  • Section 80 provides immunity from criminal liability for acts done by accident or misfortune without criminal intent while performing a lawful act in a lawful manner.
  • Relation to Maxim:
  • This section is based on the principle of no criminal liability for accidental harm, not directly on the maxim "Volenti non fit injuria."
  1. Section 81: Act likely to cause harm, but done without criminal intent, and to prevent other harm
  • Explanation:
  • Section 81 deals with acts that cause harm but are done without criminal intent to prevent other harm.
  • Relation to Maxim:
  • This section focuses on necessity and lack of criminal intent rather than voluntary consent to harm.
  1. Section 85: Act of a person incapable of judgment by reason of intoxication caused against his will
  • Explanation:
  • Section 85 provides immunity from criminal liability for acts done by a person who was intoxicated without their consent.
  • Relation to Maxim:
  • This section deals with involuntary intoxication, not voluntary consent to harm.
  1. Section 87: Act not intended and not known to be likely to cause death or grievous hurt, done by consent
  • Explanation:
  • Section 87 provides that an act done by consent, which is not intended to cause and is not known to be likely to cause death or grievous hurt, is not an offense.
  • Relation to Maxim:
  • This section is directly based on the maxim "Volenti non fit injuria," as it involves voluntary consent to a risk that does not result in serious harm.
  • Section 87 of the Indian Penal Code, 1860, is based on the maxim "Volenti non fit injuria," as it addresses situations where harm is consented to by the injured party, provided the harm is not intended to cause death or grievous hurt and is not known to be likely to cause such harm. Therefore, the correct answer is Option 4.

Question 43

Under the copyright Act, 1957 'Broadcast reproduction right' shall subsist for a period of:

  1. AOption (a)

    Life time

  2. BOption (b)

    60 years

  3. COption (c)

    25 years

  4. DOption (d)

    40 years

View answer & explanation

Correct answer

Answer: (c)C.

25 years

Why this answer is correct

The correct answer is Option 3.

Key Points

  • The term 'Broadcast reproduction right' refers to the exclusive right given to broadcasting organizations regarding their broadcasts.
  • Under the Copyright Act, 1957, broadcast reproduction rights protect the broadcast from unauthorized rebroadcasting, recording, or other use.
  • This right helps ensure that the economic interests of the broadcasting organizations are protected, allowing them to benefit from their broadcasts.
  • The duration of this right is explicitly defined in the legislation to provide a clear time frame for protection.
  • According to the Copyright Act, 1957, the broadcast reproduction right shall subsist for a period of 25 years from the year the broadcast is made.

Additional Information

  • The Copyright Act, 1957, covers various other rights such as copyright in literary, dramatic, musical, and artistic works, as well as cinematograph films and sound recordings.
  • Understanding the duration and scope of different rights under the Copyright Act is essential for creators, broadcasters, and users of such works to ensure compliance and protection.
  • The protection of broadcast reproduction rights helps maintain the integrity of broadcasts and encourages the production and dissemination of high-quality content.

Question 44

Harbouring of persons who have been hired for an unlawful assembly is an offence punishable with:

  1. AOption (a)

    Imprisonment of either description for a term which may extend to 3 years or fine or with both.

  2. BOption (b)

    Imprisonment  of either description for a term which may extend to 2 years or fine or with both.

  3. COption (c)

    Imprisonment of either description for a term which may extend to 1 year or fine or with both.

  4. DOption (d)

    Imprisonment of either description for a term which may extend to 6 months or fine or with both.

View answer & explanation

Correct answer

Answer: (d)D.

Imprisonment of either description for a term which may extend to 6 months or fine or with both.

Why this answer is correct

The correct answer is Option 4.

Key Points

The correct option is 'Imprisonment of either description for a term which may extend to 6 months or fine or with both'.

  • The Indian Penal Code (IPC) defines various offenses and their corresponding punishments to maintain law and order in the country.
  • 'Harbouring' refers to providing shelter or protection to individuals who are involved in illegal activities.
  • Specifically, harboring persons who have been hired for an unlawful assembly is considered a punishable offense.
  • An unlawful assembly refers to a gathering of individuals with the intent to commit a crime or to carry out an illegal purpose.
  • Under the IPC, harboring such individuals is taken seriously due to the potential threat to public order and safety.
  • According to Section 157 of the Indian Penal Code, the punishment for harboring persons hired for an unlawful assembly can include imprisonment of either description for a term which may extend to 6 months,

Additional Information

  • The term 'either description' implies that the imprisonment can be either rigorous (involving hard labor) or simple.
  • This provision aims to deter individuals from aiding or abetting unlawful activities by providing shelter to those involved.
  • Understanding the legal consequences of harboring individuals involved in unlawful assemblies is crucial for maintaining societal order and adhering to the law.
  • The IPC covers a wide range of offenses with varying degrees of punishment, emphasizing the importance of legal compliance and the rule of law in India.

Relevant Section: Section 157 of the Indian Penal Code (IPC).

Question 45

Which one of the following thinkers gave the concept 'Categorical Imperative'?

  1. AOption (a)

    Eugen Ehrlich

  2. BOption (b)

    G.W. Paton

  3. COption (c)

    Hens Kelson

  4. DOption (d)

    Immanual Kant

View answer & explanation

Correct answer

Answer: (d)D.

Immanual Kant

Why this answer is correct

The correct answer is Option 4.

Key Points

  • The concept of the 'Categorical Imperative' was introduced by the German philosopher Immanuel Kant.
  • The 'Categorical Imperative' is a fundamental principle in Kant's moral philosophy, which he articulated in his work "Groundwork of the Metaphysics of Morals" published in 1785.
  • It represents a way of evaluating motivations for action. According to Kant, an action is morally right if it can be universally applied and if it respects the humanity in oneself and others.
  • There are several formulations of the Categorical Imperative, the most well-known being: "Act only according to that maxim whereby you can at the same time will that it should become a universal law."
  • Kant's moral philosophy emphasizes duty, moral rules, and the necessity of acting in accordance with principles that one would want to be universal laws.
  • This concept is central to deontological ethics, which judges the morality of an action based on rules and duties rather than consequences.

Additional Information

  • Immanuel Kant (1724-1804) is considered one of the most influential philosophers in Western philosophy, with his work affecting various fields, including ethics, metaphysics, epistemology, and political theory.
  • The Categorical Imperative contrasts with hypothetical imperatives, which dictate actions based on achieving specific ends or goals.
  • Kant's philosophy is often summarized by the idea that morality is grounded in reason and that rational beings have the intrinsic ability to determine right from wrong through the application of universal moral laws.

Question 46

Match List - I with List - II.

List - I​List - II
A.Father of International Lawl.Jermy Bentham
B.Coined the term 'International law'll.Hugo Grotius
C.Pacta Sunt Servandalll.Georg Jellinek
D.Auto Limitation TheorylV.Anzilotti

Choose the correct answer from the options given below:

  1. AOption (a)

    A - I, B - II, C - III, D - IV

  2. BOption (b)

    A - I, B - II, C - IV, D - III

  3. COption (c)

    A - II, B - I, C - IV, D - III

  4. DOption (d)

    A - II, B - I, C - III, D - IV

View answer & explanation

Correct answer

Answer: (c)C.

A - II, B - I, C - IV, D - III

Why this answer is correct

The correct answer is Option 3.

Key Points

  1. Father of International Law:
  • Hugo Grotius (II):
  • Hugo Grotius is often referred to as the "Father of International Law" due to his foundational work in the field, particularly his book "De Jure Belli ac Pacis" (On the Law of War and Peace).
  1. Coined the term 'International law':
  • Jeremy Bentham (I):
  • Jeremy Bentham is credited with coining the term "international law" in the late 18th century.
  1. Pacta Sunt Servanda:
  • Anzilotti (IV):
  • The principle of "Pacta Sunt Servanda" (agreements must be kept) is often associated with the Italian jurist Dionisio Anzilotti, who was a prominent figure in the development of international law.
  1. Auto Limitation Theory:
  • Georg Jellinek (III):
  • Georg Jellinek is known for his "Auto Limitation Theory," which suggests that states limit their own sovereignty through international agreements.

Conclusion:

  • The correct matches are:
  • A. Father of International Law - II. Hugo Grotius
  • B. Coined the term 'International law' - I. Jeremy Bentham
  • C. Pacta Sunt Servanda - IV. Anzilotti
  • D. Auto Limitation Theory - III. Georg Jellinek

Therefore, the correct answer is Option 3: A - II, B - I, C - IV, D - III.

Question 47

Arrange the following in the sequence in which they were enacted:

A. The Environment (Protection) Act.

B. Forest (Conservation) Act.

C. Wildlife (Protection) Act.

D. Air (Prevention and Control of Pollution) Act.

E. Water (Prevention and Control of Pollution) Act.

Choose the correct answer from the options given below:

  1. AOption (a)

    C, E, A, B, D

  2. BOption (b)

    A, B, D, E, C

  3. COption (c)

    C, E, B, D, A

  4. DOption (d)

    E, C, B, D, A

View answer & explanation

Correct answer

Answer: (c)C.

C, E, B, D, A

Why this answer is correct

The correct answer is Option 3.

Key Points

  • Wildlife (Protection) Act: Enacted in 1972, this act aims to protect the various species of wildlife and their habitats in India. It provides for the establishment of protected areas such as wildlife sanctuaries and national parks.
  • Water (Prevention and Control of Pollution) Act: Enacted in 1974, this act was created to prevent and control water pollution and to maintain or restore the wholesomeness of water in the country. It led to the establishment of Central and State Pollution Control Boards.
  • Forest (Conservation) Act: Enacted in 1980, this act provides for the conservation of forests and aims to prevent deforestation and the diversion of forest land for non-forest purposes.
  • Air (Prevention and Control of Pollution) Act: Enacted in 1981, this act aims to prevent, control, and reduce air pollution in India. It establishes air quality standards and regulates pollution from industries and vehicles.
  • The Environment (Protection) Act: Enacted in 1986, this act provides for the protection and improvement of the environment. It is an umbrella legislation that authorizes the central government to coordinate actions of various regulatory agencies and provides comprehensive environmental guidelines.

Additional Information

  • These acts were enacted as part of India's commitment to environmental protection and sustainable development.
  • The chronological order of these acts reflects the evolving focus on various environmental issues, starting with wildlife protection, followed by water and forest conservation, air pollution control, and finally, a comprehensive approach to environmental protection.
  • Understanding the sequence of these legislative measures is essential for grasping the historical development of environmental policy and law in India.

Question 48

Match List - I with List - II.

List - I
(Name of the Book)
List - I 
(Author)
A.The Elements of Jurisprudencl.Cardozo
B.Foundations of Jurisprudencell.Holland
C.The Nature of Judicial Processlll.Kelsen
D.General Theory of Law and StatelV.Jerome Hall

Choose the correct answer from the options given below:

  1. AOption (a)

    A - III, B - I, C - II, D - IV

  2. BOption (b)

    A - II, B - I, C - III, D - IV

  3. COption (c)

    A - II, B - IV, C - I, D - III,

  4. DOption (d)

    A - I, B - III, C - IV, D - II

View answer & explanation

Correct answer

Answer: (c)C.

A - II, B - IV, C - I, D - III,

Why this answer is correct

The correct answer is Option 3.

Key Points

  • The Elements of Jurisprudence: Written by Thomas Erskine Holland, this book is a seminal work that provides a comprehensive overview of the principles and concepts of jurisprudence. Holland's work is noted for its systematic approach to legal theory.
  • Foundations of Jurisprudence: Authored by Jerome Hall, this book delves into the philosophical underpinnings of legal systems and explores the foundational aspects of jurisprudence. Hall's contributions are significant in the field of legal philosophy.
  • The Nature of Judicial Process: This influential work was written by Benjamin N. Cardozo. It examines the nature of judicial decision-making and the role of judges in interpreting and shaping the law. Cardozo's insights are pivotal in understanding the judicial process.
  • General Theory of Law and State: Written by Hans Kelsen, this book outlines Kelsen's pure theory of law and provides a thorough analysis of the relationship between law and the state. Kelsen is a key figure in legal theory, and his work has had a profound impact on the field.

Additional Information

  • Matching books with their authors is essential for understanding the contributions of these scholars to legal theory and jurisprudence.
  • The correct associations help in identifying the major works and theories that have shaped modern legal thought.
  • These authors and their works are fundamental to the study of law, and their ideas continue to influence contemporary legal scholarship and practice

Question 49

Arrange the following cases in the sequence of year in which they were decided:

A. Donoghue v. Stevenson

B. Municipal Corporation of Delhi v. Subhagwanti

C. Chandan Lal Sahu v. Union of India

D. Shyam Sunder v. State of Rajasthan

Choose the correct answer from the options given below:

  1. AOption (a)

    A, D, C, B

  2. BOption (b)

    A, D, B, C

  3. COption (c)

    A, B, D, C

  4. DOption (d)

    A, C, D, B

View answer & explanation

Correct answer

Answer: (c)C.

A, B, D, C

Why this answer is correct

The correct answer is Option 3.

Key Points

To arrange the cases in the sequence of the year in which they were decided, we need to know the years of the respective decisions for each case.

  1. Donoghue v. Stevenson - This landmark case was decided in 1932.
  2. Municipal Corporation of Delhi v. Subhagwanti - This case was decided in 1966.
  3. Chandan Lal Sahu v. Union of India - This case was decided in 1990.
  4. Shyam Sunder v. State of Rajasthan - This case was decided in 1974.

Arranging these cases in chronological order:

  1. Donoghue v. Stevenson (1932)
  2. Municipal Corporation of Delhi v. Subhagwanti (1966)
  3. Shyam Sunder v. State of Rajasthan (1974)
  4. Chandan Lal Sahu v. Union of India (1990)

Therefore, the correct sequence is:

Option 3: A, B, D, C

The correct answer is Option 3: A, B, D, C.

Question 50

Match List - I with List - II.

List - I
(Features of Indian Constitution)
​List - II
(Borrowed from)
A.Rule of Lawl.Canada
B.Independence of Judiciary and Judicial Reviewll.South Africa
C.Scheme of federation with strong centrelll.U.S.A
D.Amendment of the ConstitutionlV.U.K

Choose the correct answer from the options given below:

  1. AOption (a)

    A - II, B - III, C - I, D - IV

  2. BOption (b)

    A - I, B - III, C - II, D - IV

  3. COption (c)

    A - IV, B - III, C - I, D - II

  4. DOption (d)

    A - IV, B - III, C - II, D - I

View answer & explanation

Correct answer

Answer: (c)C.

A - IV, B - III, C - I, D - II

Why this answer is correct

The correct answer is Option 3.

Key Points

To correctly match the features of the Indian Constitution with the countries they were borrowed from, we need to understand the origins of these constitutional features:

  1. Rule of Law - This principle, which asserts that all individuals and institutions are subject to and accountable to law that is fairly applied and enforced, is borrowed from the U.K..
  2. Independence of Judiciary and Judicial Review - The concepts of an independent judiciary and the power of judicial review are borrowed from the U.S.A..
  3. Scheme of federation with strong centre - The federal scheme with a strong central government is borrowed from Canada.
  4. Amendment of the Constitution - The method of amending the Constitution is borrowed from South Africa.

Matching these features:

  • Rule of Law - U.K. (IV)
  • Independence of Judiciary and Judicial Review - U.S.A. (III)
  • Scheme of federation with strong centre - Canada (I)
  • Amendment of the Constitution - South Africa (II)

Thus, the correct matches are:

  • A - IV
  • B - III
  • C - I
  • D - II

Option 3: A - IV, B - III, C - I, D - II

The correct answer is Option 3: A - IV, B - III, C - I, D - II.

Question 51

Which of the following person is not required to take previous approval of the National Biodiversity Authority, to obtain any biological resource occurring in India or knowledge associated there to for research or for commercial utilisation or bio-survey and bio-utilization?

  1. AOption (a)

    Non citizen

  2. BOption (b)

    Local resident of area

  3. COption (c)

    Indian citizen who is non-resident

  4. DOption (d)

    Body corporate, association or organization

View answer & explanation

Correct answer

Answer: (b)B.

Local resident of area

Why this answer is correct

The correct answer is Option 2.

Key Point

According to the Biological Diversity Act, 2002 of India, the following requirements apply regarding the approval from the National Biodiversity Authority (NBA) for accessing biological resources or associated knowledge for research, commercial utilization, or bio-survey and bio-utilization:

  1. Non-citizen: Required to take prior approval from the NBA.
  2. Local resident of the area: Not required to take prior approval from the NBA for accessing biological resources for traditional practices.
  3. Indian citizen who is non-resident: Required to take prior approval from the NBA.
  4. Body corporate, association, or organization: Required to take prior approval from the NBA if they are not incorporated or registered in India.

Therefore, the person who is not required to take previous approval of the National Biodiversity Authority is the local resident of the area.

The correct answer is Option 2: Local resident of area.

Question 52

The authentication to be affected by the use of asymmetric crypto system and hash function is known as:

  1. AOption (a)

    E-Governance

  2. BOption (b)

    Private Key

  3. COption (c)

    Public Key

  4. DOption (d)

    Digital Signature

View answer & explanation

Correct answer

Answer: (d)D.

Digital Signature

Why this answer is correct

The correct answer is Option 4.

Key Points

A digital signature is a cryptographic mechanism used to validate the authenticity and integrity of a message, software, or digital document. It is based on asymmetric cryptography, which involves a pair of keys: a private key and a public key.

Here's how it works:

  1. Hash Function:
  • First, a hash function is used to create a hash value (digest) of the original message or document. A hash function takes an input and produces a fixed-size string of bytes, typically a hash code. This hash value is unique to the original content; any change to the content will result in a different hash value.
  1. Signing with Private Key:
  • The sender uses their private key to encrypt the hash value. This encrypted hash value is the digital signature. Since the private key is known only to the sender, it ensures that the signature was created by the sender.
  1. Verification with Public Key:
  • The recipient can use the sender's public key to decrypt the digital signature, obtaining the hash value.
  • The recipient then applies the same hash function to the received message or document to generate a hash value.
  • By comparing the decrypted hash value (from the digital signature) with the hash value generated from the received content, the recipient can verify the authenticity and integrity of the message or document.

Additional Information

Advantages of Digital Signatures:

  • Authentication: The digital signature confirms the identity of the sender. Since only the sender's private key could create the signature, the sender's identity is authenticated.
  • Integrity: If the content is altered after signing, the hash values will not match, indicating tampering.
  • Non-repudiation: The sender cannot deny sending the message since the signature is unique to their private key.

Applications of Digital Signatures:

  • E-Governance: Digital signatures are widely used in e-governance applications to sign electronic documents, ensuring secure and verifiable transactions.
  • Software Distribution: Ensures that software has not been tampered with after being signed by the original author.
  • Financial Transactions: Provides secure and authenticated financial transactions online.

In summary, digital signatures are essential for secure communication in the digital world, leveraging the power of asymmetric cryptography and hash functions to ensure authentication, integrity, and non-repudiation.

Question 53

A gift of some property with the objective of acquiring some religious benefit is known as ________.

  1. AOption (a)

    Aariat

  2. BOption (b)

    Hiba-bil-iwaz

  3. COption (c)

    Sadaqa

  4. DOption (d)

    Hiba-ba-sharat-ul-iwaz

View answer & explanation

Correct answer

Answer: (c)C.

Sadaqa

Why this answer is correct

The correct answer is Option 3.

Key Points

Sadaqa is a voluntary charitable act or donation made with the intention of seeking religious or spiritual benefit. It is an important concept in Islam, emphasizing the value of giving and helping others without expecting anything in return. Sadaqa can take many forms, including monetary donations, physical items, or even acts of kindness. The primary objective of giving Sadaqa is to earn the pleasure and blessings of Allah, and it is considered a way to purify one's wealth and soul.

Explanation of Other Options:

  1. Aariat:
  • This term refers to a temporary transfer of property or goods without transferring ownership. It is a form of lending where the borrowed item is expected to be returned after use.
  1. Hiba-bil-iwaz:
  • This is a type of gift where something is given in exchange or as consideration. Essentially, it is a gift made with the expectation of receiving something in return.
  1. Hiba-ba-sharat-ul-iwaz:
  • Similar to Hiba-bil-iwaz, this term refers to a gift that is conditional upon receiving something in exchange. It involves an expectation of a reciprocal gift or benefit.

In conclusion, Sadaqa stands out as the option that aligns with the concept of giving a gift for the purpose of acquiring religious benefit, emphasizing the selfless and charitable nature of the act.

Question 54

Match List - I with List - II.

List - I
(Case)
List - II
(Related to)
A.Kondoli Tea Co. Ltd, rel.Fraud or Improper conduct
B.Gilford Motor Co. Ltd vs. Hornell.Independent corporate existence
C.State Trading Corporation of India Ltd. vs. C.T.O.lll.Company is not a citizen
D.Apthorpe vs Peter Schoenhofen Brewing Co. Ltd.lV.For benefit of revenue

Choose the correct answer from the options given below:

  1. AOption (a)

    A - I, B - II, C - III, D - IV

  2. BOption (b)

    A - II, B - III, C - I, D - IV

  3. COption (c)

    A - I, B - II, C - IV, D - III

  4. DOption (d)

    A - II, B - I, C-III, D - IV

View answer & explanation

Correct answer

Answer: (d)D.

A - II, B - I, C-III, D - IV

Why this answer is correct

The correct answer is Option 4.

Key Points

  1. Kondoli Tea Co. Ltd, re - Independent corporate existence
  • This case is related to the concept that a company has an independent corporate existence separate from its members.
  • It emphasizes that the company is a separate legal entity.
  1. Gilford Motor Co. Ltd vs. Horne - Fraud or Improper conduct
  • This case deals with the issue of fraud or improper conduct.
  • It highlights situations where the corporate veil can be pierced to prevent fraudulent activities by company directors or officers.
  1. State Trading Corporation of India Ltd. vs. C.T.O. - Company is not a citizen
  • This case establishes that a company, being an artificial legal entity, is not considered a citizen.
  • It clarifies the legal status of a company in terms of citizenship and rights.
  1. Apthorpe vs Peter Schoenhofen Brewing Co. Ltd. - For benefit of revenue
  • This case relates to issues involving revenue and taxation.
  • It addresses the use of legal structures for financial benefits, often scrutinized for tax purposes.

Therefore, the correct pairing is:

  • A - II: Kondoli Tea Co. Ltd, re - Independent corporate existence
  • B - I: Gilford Motor Co. Ltd vs. Horne - Fraud or Improper conduct
  • C - III: State Trading Corporation of India Ltd. vs. C.T.O. - Company is not a citizen
  • D - IV: Apthorpe vs Peter Schoenhofen Brewing Co. Ltd. - For benefit of revenue.

Question 55

The doctrine of sovereign equality is provided in _________ of U.N. Charter.

  1. AOption (a)

    Article 2(1)

  2. BOption (b)

    Article 2(2)

  3. COption (c)

    Article 2(3)

  4. DOption (d)

    Article 2(4)

View answer & explanation

Correct answer

Answer: (a)A.

Article 2(1)

Why this answer is correct

The correct answer is Option 1.

Key Points

  • Doctrine of Sovereign Equality:
  • The doctrine of sovereign equality is provided in Article 2(1) of the United Nations Charter.
  • It states that the Organization is based on the principle of the sovereign equality of all its Members.

Additional Information

  • Article 2(2):
  • This article requires all Members to fulfill their obligations in good faith under the Charter in order to ensure the rights and benefits of membership.
  • Article 2(3):
  • This article emphasizes the peaceful settlement of disputes, stating that all Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.
  • Article 2(4):
  • This article prohibits the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations.

Read the following passage and then answer the following questions:

For any religious mutt, sect, body, sub-sect or any section thereof to be designated as religious denomination, it must be a collection of individuals having a collective common faith, a common organisation which adheres to the said common faith, and last but not the least, the said collection of individuals must be labeled, branded and identified by a distinct name. The most important condition for a religious denomination, i.e., the collection of individuals ought to have a system of beliefs or doctrines which they regard as conducive to their spiritual well-being. For a religious denomination, there must be new methodology provided for a religion. Mere observance of certain practices, even though from a long time, does not make it a distinct religion on that account.

Question 56

Which provision of Kerala Hindu Place of Public Worship (Authorization of Entry) Rules, 1965 was declared as ultra vires?

  1. AOption (a)

    Rule 3(a)

  2. BOption (b)

    Rule 3(b)

  3. COption (c)

    Rule 4(a)

  4. DOption (d)

    Rule 4(b)

View answer & explanation

Correct answer

Answer: (b)B.

Rule 3(b)

Why this answer is correct

The correct answer is Option 2.

Key Points

  • Kerala Hindu Place of Public Worship (Authorization of Entry) Rules, 1965:
  • Rule 3(b) of these rules was declared ultra vires (beyond the powers of) the Constitution of India.

Additional Information

  • Rule 3(a):
  • This rule pertains to the general rules of entry and worship in Hindu temples in Kerala.
  • Rule 3(b):
  • This specific rule was declared unconstitutional because it imposed restrictions on the entry of women of a particular age group into the Sabarimala temple, which was seen as discriminatory and violating fundamental rights.
  • Rule 4(a):
  • This rule deals with other aspects of the regulation of worship and entry in Hindu temples.
  • Rule 4(b):
  • This rule also pertains to specific regulations related to the conduct of worship in Hindu temples.

The declaration of Rule 3(b) as ultra vires was a significant legal decision reflecting the importance of ensuring equality and non-discrimination in religious practices

Question 57

Which among the following case is not related to right to religion?

  1. AOption (a)

    Rev Stainislaus v. State of M.P. AIR 1977 SC 908

  2. BOption (b)

    Bijoe Emmanual v. State of Kerala (1984) J.SCC 615

  3. COption (c)

    Mohd. Hanif Quareshi v. State of Bihar AIR 1958 SC 731

  4. DOption (d)

    Rameshwar Prasad v. Union of India (2006) 2 SCC1

View answer & explanation

Correct answer

Answer: (d)D.

Rameshwar Prasad v. Union of India (2006) 2 SCC1

Why this answer is correct

The correct answer is Option 4.

Key Points

  • Rameshwar Prasad v. Union of India:
  • This case is not related to the right to religion. It deals with the dissolution of the Bihar Legislative Assembly and the legality of the Governor's decision in that context.

Additional Information

  • Rev Stainislaus v. State of M.P. AIR 1977 SC 908:
  • This case deals with the right to religion, specifically the legality of anti-conversion laws and the right to propagate one's religion under Article 25 of the Constitution.
  • Bijoe Emmanual v. State of Kerala (1984) J.SCC 615:
  • This case is related to the right to religion and freedom of expression. It involved the expulsion of students from school for refusing to sing the national anthem based on their religious beliefs.
  • Mohd. Hanif Quareshi v. State of Bihar AIR 1958 SC 731:
  • This case deals with the right to religion, particularly the right to sacrifice animals as part of religious practices under Article 25 of the Constitution

Question 58

Paragraph is a part of the case where in dissenting judgement was delivered by:

  1. AOption (a)

    Indu Malhotra

  2. BOption (b)

    ​Dipak Mishra

  3. COption (c)

    R.F. Nariman

  4. DOption (d)

    A.M. Khanwilkar

View answer & explanation

Correct answer

Answer: (a)A.

Indu Malhotra

Why this answer is correct

The correct answer is Option 1.

Key Points

  • Dissenting Judgement by Indu Malhotra:
  • Justice Indu Malhotra delivered a dissenting judgment in the landmark case related to the Sabarimala temple, where the Supreme Court allowed women of all ages to enter the temple.
  • She argued that issues of deep religious sentiments should not be ordinarily interfered with by the court and that the matters of religious practices should be left to the respective religious denominations.

Additional Information

  • Dipak Misra:
  • Justice Dipak Misra was the Chief Justice of India at the time and authored the majority opinion in the Sabarimala case, favoring the entry of women of all ages into the temple.
  • R.F. Nariman:
  • Justice R.F. Nariman was part of the majority in the Sabarimala judgment, supporting the verdict that struck down the ban on the entry of women of menstruating age.
  • A.M. Khanwilkar:
  • Justice A.M. Khanwilkar also supported the majority opinion in the Sabarimala case.

Question 59

Which of the following is not the condition for recognition of 'Religious denomination'?

  1. AOption (a)

    Collection of individual having common faith

  2. BOption (b)

    Common organisation

  3. COption (c)

    Collection of individuals must not have a common name

  4. DOption (d)

    System of belief

View answer & explanation

Correct answer

Answer: (c)C.

Collection of individuals must not have a common name

Why this answer is correct

The correct answer is Option 3.

Key Points

  • Conditions for Recognition of a 'Religious Denomination':
  • Collection of individuals having a common faith: A religious denomination must consist of individuals who share a common faith.
  • Common organization: There must be an organized structure that adheres to the common faith of the group.
  • System of belief: The group must have a system of beliefs or doctrines that they regard as conducive to their spiritual well-being.
  • Distinct name: The collection of individuals must be identified by a distinct name, which distinguishes them from other religious groups.
  • Collection of individuals must not have a common name:
  • This is not a condition for recognition of a religious denomination. In fact, having a distinct common name is essential for the identification and recognition of a religious denomination.

Question 60

The passage is a part of decision of the Supreme Court in the case of:

  1. AOption (a)

    E.A. Aboobacker v. State of Kerala (2018) 12 SCR 263

  2. BOption (b)

    Joseph v. State of Kerala (2023) 12 SCR 505

  3. COption (c)

    Indian Young Lawyer Association v. State of Kerala (2018) 9 SCR 561

  4. DOption (d)

    Reji Thomas v. State of Kerala (2018) 6 SCR 805

View answer & explanation

Correct answer

Answer: (c)C.

Indian Young Lawyer Association v. State of Kerala (2018) 9 SCR 561

Why this answer is correct

The correct answer is Option 3.

Key Points

  • Indian Young Lawyer Association v. State of Kerala:
  • This landmark case dealt with the entry of women into the Sabarimala temple.
  • The Supreme Court of India ruled that the practice of excluding women of menstruating age from entering the temple was unconstitutional.
  • The passage outlines the criteria for a religious denomination, which was part of the Court's reasoning in determining the nature of religious practices and their alignment with constitutional principles.

Additional Information

  • E.A. Aboobacker v. State of Kerala (2018) 12 SCR 263:
  • This case did not deal with the definition of a religious denomination or the entry of women into religious places.
  • Joseph v. State of Kerala (2023) 12 SCR 505:
  • This is a recent case and does not pertain to the criteria for recognizing a religious denomination.
  • Reji Thomas v. State of Kerala (2018) 6 SCR 805:
  • This case did not involve the criteria for religious denomination or related constitutional issues discussed in the passage.

Question 61

"Usage represents the twilight stage of custom. Custom begins where usage ends". It is said by:

  1. AOption (a)

    Oppenheium

  2. BOption (b)

    Starke

  3. COption (c)

    D.J. Harris

  4. DOption (d)

    Ian Brownlie

View answer & explanation

Correct answer

Answer: (b)B.

Starke

Why this answer is correct

The correct answer is Option 2.

Key Points

The correct answer is 'Starke'

  • Starke:
  • Starke made the observation that "Usage represents the twilight stage of custom. Custom begins where usage ends".
  • This statement highlights the distinction between usage and custom in legal terms.
  • Usage refers to practices that are not legally binding but are followed due to tradition or habit.
  • Custom, on the other hand, is a practice that has gained legal recognition and binding force over time.

Additional Information

  • Oppenheim:
  • Oppenheim is known for his works in international law but did not make the specific observation regarding usage and custom.
  • D.J. Harris:
  • D.J. Harris has contributed significantly to the field of international law but is not associated with the quote in question.
  • Ian Brownlie:
  • Ian Brownlie was a prominent figure in international law but did not make the quoted statement about usage and custom.

Question 62

Which of the following section of the Indian Contract Act, 1872 lays down the rights and obligations of the parties to a voidable contract after it is rescinded?

  1. AOption (a)

    Section 63

  2. BOption (b)

    Section 64

  3. COption (c)

    Section 65

  4. DOption (d)

    Section 66

View answer & explanation

Correct answer

Answer: (b)B.

Section 64

Why this answer is correct

The correct answer is Option 2.

Key Points 

  • Section 64 of the Indian Contract Act, 1872:
  • Section 64 deals with the rights and obligations of the parties to a voidable contract after it is rescinded.
  • According to this section, the party rescinding the voidable contract must restore any benefit received from the other party, to the extent possible.
  • This ensures fairness and equity by preventing unjust enrichment of the party who rescinds the contract.

Additional Information

  • Section 63:
  • Section 63 deals with the waiver or remission of performance of a contract, allowing the promisee to dispense with or remit wholly or in part the performance of the promise made to him.
  • It also permits the promisee to extend the time for such performance or accept any other satisfaction instead of the promised performance.
  • Section 65:
  • Section 65 addresses the obligation of a person who has received an advantage under a void agreement or contract that becomes void.
  • It states that such a person must restore the advantage or compensate the other party.
  • Section 66:
  • Section 66 deals with the mode of communicating or revoking rescission of a voidable contract.
  • It specifies that the rescission must be communicated to the other party in a manner similar to how the acceptance of a contract is communicated.

By understanding these sections, one can better grasp the legal framework governing contracts in India, specifically the rights and obligations related to voidable contracts and their rescission.

Question 63

Match List - I with List - II.

List - I
(Case)
List - II
(Subject matter/Relation)
A.Pawan Kumar Gupta v. State (NCT of Delhi ) (2020)l.Reference to larger bench for determination of validity of Presidential order 2019 made applicable to the State of J & K
B.Common Cause v. Union of India (2018)ll.Constitutionality of EWS Quota
C.Shah Faesal v. Union of India (2020)lll.Right to die with dignity
D.Janhit Abhiyan v. Union of India (2022)lV.Curative Petition against death sentence of a convict in the Nirbhaya Gang Rape Case

Choose the correct answer from the options given below:

  1. AOption (a)

    A - II, B - III, C - IV, D - I

  2. BOption (b)

    A - III, B - I, C - IV, D - II

  3. COption (c)

    A - IV, B - III, C  -I, D - II

  4. DOption (d)

    A - I, B - III, C - IV, D - II

View answer & explanation

Correct answer

Answer: (c)C.

A - IV, B - III, C  -I, D - II

Why this answer is correct

The correct answer is Option 3.

Key Points

  • Matching List - I with List - II:
  • A. Pawan Kumar Gupta v. State (NCT of Delhi) (2020) - IV
  • This case involves a curative petition against the death sentence of a convict in the Nirbhaya Gang Rape Case.
  • B. Common Cause v. Union of India (2018) - III
  • This case pertains to the right to die with dignity, addressing issues related to euthanasia and living wills.
  • C. Shah Faesal v. Union of India (2020) - I
  • This case involves the reference to a larger bench for the determination of the validity of the Presidential order of 2019, which was made applicable to the State of Jammu and Kashmir.
  • D. Janhit Abhiyan v. Union of India (2022) - II
  • This case examines the constitutionality of the Economically Weaker Sections (EWS) quota.

Additional Information

  • Option 1:
  • A - II, B - III, C - IV, D - I
  • Incorrect because the subject matters do not match the cases accurately.
  • Option 2:
  • A - III, B - I, C - IV, D - II
  • Incorrect because it misaligns the cases with their respective subject matters.
  • Option 4:
  • A - I, B - III, C - IV, D - II
  • Incorrect because it incorrectly pairs Pawan Kumar Gupta's case with the reference to the larger bench for the validity of the Presidential order.

By matching the cases accurately with their respective subject matters, we can understand the significance and context of these landmark judgments.

Question 64

Every company having net worth of Rs. _________ or more or a net profit of Rs. ____________ or more or turnover of Rs.__________ or more during any financial year is required to constitute a Corporate Social Responsibility Committee of the Board.

  1. AOption (a)

    1000 Crores, 10 Crores, 500 Crores

  2. BOption (b)

    500 Crores, 5 Crores, 1000 Crores

  3. COption (c)

    700 Crores, 10 Crores, 10,000 Crores

  4. DOption (d)

    1000 Crores, 5 Crores, 7,000 Crores

View answer & explanation

Correct answer

Answer: (b)B.

500 Crores, 5 Crores, 1000 Crores

Why this answer is correct

The correct answer is Option 2.

Key Points

Corporate Social Responsibility (CSR) Committee Requirements:

  • As per the Companies Act, 2013 in India, specific companies are required to constitute a Corporate Social Responsibility (CSR) Committee of the Board. This mandate is to ensure that companies contribute towards social and environmental sustainability.
  • Criteria for CSR Committee:
  • The Companies Act, 2013 stipulates that every company meeting certain financial thresholds must constitute a CSR Committee.
  • The thresholds are based on net worth, net profit, or turnover during any financial year.
  • Specific Thresholds:
  • Net Worth: Rs. 500 Crores or more
  • Net Profit: Rs. 5 Crores or more
  • Turnover: Rs. 1000 Crores or more

Additional Information

  • Responsibilities of CSR Committee:
  • The CSR Committee is responsible for formulating and recommending a CSR policy to the Board, indicating the activities to be undertaken as specified in Schedule VII of the Companies Act.
  • The committee also recommends the amount of expenditure to be incurred on the activities and monitors the CSR policy of the company from time to time.
  • As per the requirements of the Companies Act, 2013, any company with a net worth of Rs. 500 Crores or more, a net profit of Rs. 5 Crores or more, or a turnover of Rs. 1000 Crores or more during any financial year is required to constitute a Corporate Social Responsibility Committee of the Board. Therefore, the correct answer is Option 2.

Question 65

Match List - I with List - II.

List - I
(Provision for)
List - II
(Section of Hindu Minority and Guardianship Act, 1956)
A.Powers of Testamentary Guardiansl.Section 8
B.Power of Natural Guardianll.Section 9
C.Welfare of Minor to be considered by the Courtlll.Section 11
D.Bar on the powers of Defacto guardian to deal with minor's propertylV.Section 13

Choose the correct answer from the options given below:

  1. AOption (a)

    A - IV, B - II, C - III, D - I

  2. BOption (b)

    A - II, B - I, C - IV, D - III

  3. COption (c)

    A - I, B - II, C - III, D - IV

  4. DOption (d)

    A - III, B - IV, C - II, D - I

View answer & explanation

Correct answer

Answer: (b)B.

A - II, B - I, C - IV, D - III

Why this answer is correct

The correct answer is Option 2.

Key Points

Matching Provisions with Sections of the Hindu Minority and Guardianship Act, 1956

The Hindu Minority and Guardianship Act, 1956, provides the framework for the guardianship of minors among Hindus. The Act specifies the powers and responsibilities of various types of guardians, including natural, testamentary, and de facto guardians, and emphasizes the welfare of the minor as the primary consideration in guardianship matters.

  1. Powers of Testamentary Guardians:
  • Provision:
  • Testamentary guardians are those appointed by a will to take care of a minor and his or her property after the death of the natural guardian.
  • Section 9:
  • This section details the powers and duties of testamentary guardians. It allows a Hindu father to appoint a guardian for his minor legitimate children by will, and a Hindu mother can do so for her minor legitimate children if the father is deceased or has otherwise ceased to be the guardian.
  1. Power of Natural Guardian:
  • Provision:
  • Natural guardians are typically the parents of a minor. The natural guardian has the right to take care of the person of the minor as well as manage their property.
  • Section 8:
  • This section outlines the powers of the natural guardian regarding the minor’s property. It includes restrictions on the guardian’s ability to sell, mortgage, or transfer the minor's immovable property without the court's permission, ensuring protection of the minor's interests.
  1. Welfare of Minor to be considered by the Court:
  • Provision:
  • The welfare of the minor is the paramount consideration in appointing or declaring a guardian. The court must consider this welfare above all other factors.
  • Section 13:
  • This section emphasizes that in any decision regarding the guardianship or custody of a minor, the court must prioritize the minor’s welfare. It ensures that the child’s best interests are the primary focus in any guardianship or custody proceedings.
  1. Bar on the powers of De facto guardian to deal with minor's property:
  • Provision:
  • A de facto guardian is someone who has assumed the responsibility of a guardian without being formally appointed as one. The law imposes limitations on such individuals to protect the minor's property from unauthorized transactions.
  • Section 11:
  • This section bars de facto guardians from dealing with or disposing of a minor's property. It prevents any person who has not been legally appointed as a guardian from making decisions about the minor’s property, thus safeguarding the minor's assets.

Additional Information

  • The Act also specifies other guardianship rules, such as the order of preference for guardianship, the rights of minors to choose their guardians upon reaching a certain age, and the procedural aspects of appointing and removing guardians.
  • The correct matches are:
  • A. Powers of Testamentary Guardians - Section 9
  • B. Power of Natural Guardian - Section 8
  • C. Welfare of Minor to be considered by the Court - Section 13
  • D. Bar on the powers of De facto guardian to deal with minor's property - Section 11

Therefore, the correct answer is Option 2: A - II, B - I, C - IV, D - III

Question 66

Match List - I with List - II.

List - I
(Schedule of the Constitution of India)
List - II
(Related to)
A.Schedule II (Part D)l.Powers, Authority and responsibility of Municipalities
B.Schedule IIIll.Allocation of seats in the Council of States
C.Schedule IVlll.Provisions as to judges of Supreme Court and High Court
D.Schedule XIIlV.Forms of Oaths or Affirmation

Choose the correct answer from the options given below:

  1. AOption (a)

    A - I, B - II, C - III, D - IV

  2. BOption (b)

    A - II, B - III, C - IV, D - I

  3. COption (c)

    A - III, B - IV, C - II, D - I

  4. DOption (d)

    A - III, B - IV, C - I, D - II

View answer & explanation

Correct answer

Answer: (c)C.

A - III, B - IV, C - II, D - I

Why this answer is correct

The correct answer is Option 3.

Key Points

Matching Schedules with Their Related Provisions

  • The Constitution of India includes several schedules that detail various aspects of governance, administration, and the judiciary. Each schedule addresses specific areas of law and governance.
  1. Schedule II (Part D):
  • Related to: Provisions as to judges of Supreme Court and High Court (III)
  • Explanation:
  • Schedule II contains provisions regarding the emoluments, allowances, and privileges of various constitutional office holders, including judges of the Supreme Court and High Court.
  1. Schedule III:
  • Related to: Forms of Oaths or Affirmation (IV)
  • Explanation:
  • Schedule III outlines the forms of oaths or affirmations for various constitutional posts, including the President, Vice-President, Ministers, Members of Parliament, Judges of the Supreme Court and High Courts, and other constitutional authorities.
  1. Schedule IV:
  • Related to: Allocation of seats in the Council of States (II)
  • Explanation:
  • Schedule IV provides the allocation of seats for each State and Union Territory in the Rajya Sabha (Council of States).
  1. Schedule XII:
  • Related to: Powers, Authority, and responsibility of Municipalities (I)
  • Explanation:
  • Schedule XII details the powers, authority, and responsibilities of Municipalities. This schedule was added by the 74th Amendment Act, 1992, to define the functional domain of Municipalities.
  • The correct matches are:
  • A. Schedule II (Part D) - III. Provisions as to judges of Supreme Court and High Court
  • B. Schedule III - IV. Forms of Oaths or Affirmation
  • C. Schedule IV - II. Allocation of seats in the Council of States
  • D. Schedule XII - I. Powers, Authority, and responsibility of Municipalities

Therefore, the correct answer is Option 3: A - III, B - IV, C - II, D - I.

Question 67

Which of the following situation do amount to failure of constitutional machinery under Article 356 of the Constitution of India?

  1. AOption (a)

    In general election to the Lok sabha the ruling party in the state has suffered a massive defeat.

  2. BOption (b)

    A situation of maladministration in a state where duly constituted ministry enjoys support of the Assembly.

  3. COption (c)

    Serious allegation of corruption against the Ministry.

  4. DOption (d)

    State has failed to comply with or to give effect to any directions given by the union, in exercise of its executive power to the state.

View answer & explanation

Correct answer

Answer: (d)D.

State has failed to comply with or to give effect to any directions given by the union, in exercise of its executive power to the state.

Why this answer is correct

The correct answer is Option 4.

Key Points

  • In general election to the Lok Sabha, the ruling party in the state has suffered a massive defeat.
  • This is incorrect.
  • A defeat in the Lok Sabha elections does not necessarily indicate a failure of constitutional machinery in the state. The state's government is still functional if it retains support in the state assembly.
  • Hence, this situation does not amount to failure of constitutional machinery under Article 356.
  • A situation of maladministration in a state where duly constituted ministry enjoys support of the Assembly.
  • This is incorrect.
  • Maladministration alone does not constitute a failure of constitutional machinery if the ministry still enjoys the confidence of the state assembly.
  • Hence, this situation does not amount to failure of constitutional machinery under Article 356.
  • Serious allegation of corruption against the Ministry.
  • This is incorrect.
  • Allegations of corruption, although serious, do not amount to failure of constitutional machinery unless they lead to a situation where the government can no longer function.
  • Hence, this situation does not amount to failure of constitutional machinery under Article 356.
  • State has failed to comply with or to give effect to any directions given by the Union, in exercise of its executive power to the state.
  • This is correct.
  • According to Article 356, failure of the state to comply with the directions given by the Union government in the exercise of its executive power can be considered a failure of the constitutional machinery.
  • Hence, this situation does amount to failure of constitutional machinery under Article 356.

Question 68

Match List - I with List - II.

List - I
(Country/State)
List - I 
(Year of Establishment/Recognition of office)
A.U.K. (Parliamentary Commissioner)l.2013
B.Sweden (Ombudsman)ll.1971
C.India (Lokpal and Lokayukta)lll.1809
D.Maharashtra (Lokayutka and Uplokayukta)lV.1967

Choose the correct answer from the options given below:

  1. AOption (a)

    A - IV, B - II, C - I, D - III

  2. BOption (b)

    A - IV, B - III, C - I, D - II

  3. COption (c)

    A - III, B - II, C - I, D - IV

  4. DOption (d)

    A - III, B - IV, C - I, D - II

View answer & explanation

Correct answer

Answer: (b)B.

A - IV, B - III, C - I, D - II

Why this answer is correct

The correct answer is Option 2.

Key Points

List - I (Country/State and Office):

A. U.K. (Parliamentary Commissioner):

  • The office of the Parliamentary Commissioner for Administration in the UK was established in 1967. This role is commonly referred to as the Ombudsman and investigates complaints from the public about government administration.

B. Sweden (Ombudsman):

  • Sweden was the first country to establish the office of the Ombudsman in 1809. This role is designed to represent the interests of the public by investigating and addressing complaints of maladministration or violation of rights.

C. India (Lokpal and Lokayukta):

  • The Lokpal and Lokayukta Act in India was passed in 2013. This law provides for the establishment of the institution of Lokpal at the national level and Lokayukta at the state level to investigate corruption cases against public servants.

D. Maharashtra (Lokayutka and Uplokayukta):

  • Maharashtra was the first Indian state to establish the Lokayukta and Uplokayukta offices in 1971. These offices are responsible for investigating grievances and allegations of corruption against public officials within the state.

Question 69

The Supreme Court of India has-declared that "till the law is made by the parliament, the appointment to the post of Chief Election Commissioner and the Election Commissioner shall be done by the President of India on the basis of advice tendered by a committee consisting of Prime Minister, Leader of opposition in Lok Sabha, where there is no Leader of opposition - the leader of largest party in the opposition in the Lok Sabha having largest numerical strength and the Chief Justice of India."

In which case the Supreme Court has made the above declaration?

  1. AOption (a)

    Anoop Baranwal v. Union of India

  2. BOption (b)

    Union of India v. Association for Democratic Reforms

  3. COption (c)

    Election Commission of India v. Ashok Kumar

  4. DOption (d)

    T.N. Seshan, Chief Election Commissioner of India v. Union of India

View answer & explanation

Correct answer

Answer: (a)A.

Anoop Baranwal v. Union of India

Why this answer is correct

The correct answer is Option 1.

Key Points

  • Supreme Court Declaration in Anoop Baranwal v. Union of India:
  • The Supreme Court of India declared that until the law is made by the parliament, the appointment to the post of Chief Election Commissioner and the Election Commissioner shall be done by the President of India.
  • The appointments are to be based on the advice tendered by a committee consisting of the Prime Minister, Leader of the Opposition in Lok Sabha (or the leader of the largest party in the opposition in the Lok Sabha if there is no Leader of Opposition), and the Chief Justice of India.

Additional Information

  • Union of India v. Association for Democratic Reforms:
  • This case was significant for electoral reforms, particularly regarding the disclosure of criminal records, assets, and educational qualifications of candidates contesting elections.
  • Election Commission of India v. Ashok Kumar:
  • This case dealt with the powers and authority of the Election Commission regarding the conduct of elections and enforcement of electoral laws.
  • T.N. Seshan, Chief Election Commissioner of India v. Union of India:
  • This case was related to the powers and functioning of the Election Commission and addressed issues concerning the autonomy and independence of the Election Commission of India.

Question 70

In which of the following Case Supreme Court of India summarized law relating to conspiracy?

  1. AOption (a)

    State of Tamil Nadu through S.P. CBI/SIT vs. Nalini AIR 1999 SC 2640

  2. BOption (b)

    Hardeo Singh vs. State of Bihar AIR 2000 SC 2245

  3. COption (c)

    Monika Bedi vs. State of Andhra Pradesh AIR 2011 SC(S) 641

  4. DOption (d)

    Sherimon vs. State of Keralā AIR 2012 SC 493

View answer & explanation

Correct answer

Answer: (a)A.

State of Tamil Nadu through S.P. CBI/SIT vs. Nalini AIR 1999 SC 2640

Why this answer is correct

The correct answer is Option 1.

Key Points

Case Summarizing Law Relating to Conspiracy

  • The concept of criminal conspiracy is an important aspect of criminal law, dealing with agreements between two or more persons to commit an illegal act or a legal act by illegal means. The Supreme Court of India has summarized the law relating to conspiracy in various judgments.
  • State of Tamil Nadu through S.P. CBI/SIT vs. Nalini AIR 1999 SC 2640:
  • In this case, the Supreme Court of India provided a detailed exposition on the law relating to criminal conspiracy. This case is widely known as the Rajiv Gandhi assassination case.
  • The Court discussed the essential ingredients of conspiracy, including the need for an agreement between the parties to do an illegal act or a legal act by illegal means.
  • It highlighted that direct evidence of conspiracy is rarely available, and reliance is often placed on circumstantial evidence.
  • Hardeo Singh vs. State of Bihar AIR 2000 SC 2245:
  • This case involved discussions on criminal law, but it did not specifically summarize the law relating to conspiracy.
  • Monika Bedi vs. State of Andhra Pradesh AIR 2011 SC(S) 641:
  • This case dealt with issues of criminal law, including aspects of conspiracy, but it did not provide a comprehensive summary of the law on conspiracy.
  • Sherimon vs. State of Keralā AIR 2012 SC 493:
  • This case involved criminal charges and discussed various aspects of criminal law, but it did not focus on summarizing the law of conspiracy.

Conclusion:

  • The Supreme Court of India summarized the law relating to conspiracy in the case of State of Tamil Nadu through S.P. CBI/SIT vs. Nalini AIR 1999 SC 2640. This case provided a comprehensive overview of the elements and evidence required to establish a charge of conspiracy, making it a landmark judgment on this aspect of criminal law. Therefore, the correct answer is Option 1.

Question 71

Match List - I with List - II.

List - I
(Case)
List - II
(Related to)
A.Deputy Inspector General of Police vs. S. Samuthiraml.Assistance to Rape Victims
B.Laxmi vs. Union of Indiall.Cruelty
C.Delhi Domestic Working Women's Forum vs. Union of Indialll.Acid Attack
D.Preeti Gupta vs. State of JharkhandlV.Eve-teasing

Choose the correct answer from the options given below:

  1. AOption (a)

    A - I, B - III, C - IV, D - II

  2. BOption (b)

    A - III, B - II, C - IV, D - I

  3. COption (c)

    A - IV, B - III, C - I, D - II

  4. DOption (d)

    A - II, B  -I, C - III, D - IV

View answer & explanation

Correct answer

Answer: (c)C.

A - IV, B - III, C - I, D - II

Why this answer is correct

The correct answer is Option 3.

Key Points

Matching Cases with Related Issues

  • Several landmark cases in India have addressed important issues related to women's safety and rights. Matching these cases with their specific legal and social issues helps in understanding the judicial approach to these matters.
  • Deputy Inspector General of Police vs. S. Samuthiram:
  • Related to Eve-teasing (IV)
  • This case dealt with the issue of eve-teasing and the necessity for stricter laws and measures to prevent it.
  • Laxmi vs. Union of India:
  • Related to Acid Attack (III)
  • This case led to significant legal reforms and regulations regarding acid attacks, including compensation and care for victims and regulation on the sale of acid.
  • Delhi Domestic Working Women's Forum vs. Union of India:
  • Related to Assistance to Rape Victims (I)
  • This case focused on the plight of domestic workers and the assistance required for rape victims, leading to guidelines for compensation, legal aid, and proper treatment.
  • Preeti Gupta vs. State of Jharkhand:
  • Related to Cruelty (II)
  • This case addressed issues of false accusations and misuse of laws related to cruelty under Section 498A of the Indian Penal Code.
  • Matching the cases with the correct related issues:
  • A. Deputy Inspector General of Police vs. S. Samuthiram - IV. Eve-teasing
  • B. Laxmi vs. Union of India - III. Acid Attack
  • C. Delhi Domestic Working Women's Forum vs. Union of India - I. Assistance to Rape Victims
  • D. Preeti Gupta vs. State of Jharkhand - II. Cruelty

Therefore, the correct answer is Option 3: A - IV, B - III, C - I, D - II.

Question 72

Which of the following is not correct in relation to Competition Act, 2002 ?

A. Raghavan Committee laid stress on the enactment of Competition Act, 2002.

B. Competition Act, 2002 replaced the M.R.T.P Act.

C. Competition Act, 2002 prohibits only Horizontal cartel and not vertical cartel.

D. Competition Act, 2002 does not prohibit abuse of dominant position by enterprise.

Choose the correct answer from the options given below:

  1. AOption (a)

    A and B only

  2. BOption (b)

    B and C only

  3. COption (c)

    C and A only

  4. DOption (d)

    C and D only

View answer & explanation

Correct answer

Answer: (d)D.

C and D only

Why this answer is correct

The correct answer is Option 4.

Key Points

Incorrect Statements in Relation to the Competition Act, 2002

  • The Competition Act, 2002, was enacted to promote and sustain competition in markets, protect the interests of consumers, and ensure freedom of trade carried on by other participants in markets in India. The Act replaced the Monopolies and Restrictive Trade Practices (MRTP) Act, 1969.
  • Raghavan Committee and Enactment:
  • Correct: The Raghavan Committee played a significant role in advocating for the enactment of the Competition Act, 2002.
  • Replacement of MRTP Act:
  • Correct: The Competition Act, 2002, replaced the MRTP Act, marking a shift from a focus on controlling monopolies to promoting competition.
  • Horizontal and Vertical Cartels:
  • Incorrect: The Competition Act, 2002, prohibits both horizontal and vertical cartels. Horizontal cartels involve agreements between competitors at the same level of the supply chain, while vertical cartels involve agreements between companies at different levels of the supply chain (e.g., between manufacturers and distributors).
  • Abuse of Dominant Position:
  • Incorrect: The Competition Act, 2002, explicitly prohibits the abuse of dominant position by enterprises. This includes practices such as unfair pricing, limiting production, and creating barriers to entry for other companies.

Conclusion:

  • The statements that are incorrect in relation to the Competition Act, 2002, are:
  • C. Competition Act, 2002 prohibits only Horizontal cartel and not vertical cartel.
  • D. Competition Act, 2002 does not prohibit abuse of dominant position by enterprise.

Therefore, the correct answer is Option 4: C and D only.

Question 73

Arrange the following writs in order as they appear under Article 32 of the Constitution:

A. Habeas Corpus

B. Prohibition

C. Mandamus

D. Quo-warranto

E. Certiorari

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, C, D and E

  2. BOption (b)

    A, C, B, E and D

  3. COption (c)

    A, C, B, D and E

  4. DOption (d)

    A, C,E, B and D

View answer & explanation

Correct answer

Answer: (c)C.

A, C, B, D and E

Why this answer is correct

The correct answer is Option 2.

Key Points

Order of Writs under Article 32 of the Constitution of India

  • Article 32 of the Indian Constitution provides the right to constitutional remedies, allowing individuals to move the Supreme Court for the enforcement of their fundamental rights. It mentions the power of the Court to issue various writs.
  • The writs under Article 32 are:
  • Habeas Corpus: A writ requiring a person under arrest to be brought before a judge or into court.
  • Mandamus: A writ issued to command an inferior court, tribunal, or public authority to perform a public or statutory duty.
  • Prohibition: A writ directing a subordinate to stop doing something the law prohibits it from doing.
  • Certiorari: A writ seeking judicial review of a lower court's decision
  • Quo-warranto: A writ questioning the right of a person to hold a public office.

Correct Order:

  • The order of writs as they appear under Article 32 of the Constitution is:
  • A. Habeas Corpus
  • C. Mandamus
  • B. Prohibition
  • D. Certiorari
  • E. Quo-warranto
  • The correct sequence of the writs under Article 32 is: A, C, B, D, and E. Therefore, the correct answer is Option 3.

Question 74

Which of the following conditions are essential for a custom to be valid?

A. Antiquity

B. Continuous enjoyment as right

C. Certainity

D. Inconsistency with the existing custom

E. Conformity with statue law

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B and C only

  2. BOption (b)

    A, B, C and E only

  3. COption (c)

    B, C and E only

  4. DOption (d)

    B, C and D only

View answer & explanation

Correct answer

Answer: (b)B.

A, B, C and E only

Why this answer is correct

The correct answer is Option 2.

Key Points

Essential Conditions for a Custom to be Valid

  • For a custom to be recognized as valid and enforceable in law, it must fulfill certain essential conditions. These conditions ensure that the custom is established, reasonable, and not arbitrary.
  1. Antiquity (A):
  • The custom must be ancient, having been practiced for a long period. This antiquity establishes the custom as a long-standing tradition.
  1. Continuous Enjoyment as Right (B):
  • The custom must be enjoyed continuously and without interruption as a right. This means it has been followed consistently over time without dispute.
  1. Certainty (C):
  • The custom must be certain and clear. It should be well-defined and specific, not vague or ambiguous. People should be aware of the custom and its specific rules and practices.
  1. Conformity with Statute Law (E):
  • The custom must not conflict with statutory law. It should be in conformity with existing laws to be recognized as valid and enforceable.

Additional Information

  • Inconsistency with Existing Custom (D):
  • While inconsistency with existing customs is a consideration, it is not a primary condition for the general validity of a custom. This factor is more relevant when two conflicting customs are being compared.

Conclusion:

  • The essential conditions for a custom to be valid include antiquity, continuous enjoyment as a right, certainty, and conformity with statute law. Therefore, the correct answer is Option 2: A, B, C, and E only.

Question 75

Which of the following is said to be 'Magna Carta' on human environment?

  1. AOption (a)

    Universal Declaration of Human Rights

  2. BOption (b)

    Stockholm Conference

  3. COption (c)

    Rio-Declaration on Environment

  4. DOption (d)

    Johannesburg Declaration on Sustainable Development

View answer & explanation

Correct answer

Answer: (b)B.

Stockholm Conference

Why this answer is correct

The correct answer is Option 2.

Key Points

  • The term "Magna Carta" is often used metaphorically to describe a foundational document that establishes fundamental principles or rights. In the context of environmental protection, a key international conference or declaration can be referred to as the "Magna Carta" for its groundbreaking role in shaping global environmental policy.
  1. Universal Declaration of Human Rights:
  • Adopted by the United Nations General Assembly in 1948, this declaration outlines fundamental human rights to be universally protected.
  • Relation to Environment:
  • While crucial for human rights, it does not focus specifically on environmental issues.
  1. Stockholm Conference (1972):
  • The United Nations Conference on the Human Environment, held in Stockholm in 1972, was the first major international gathering to discuss global environmental issues.
  • It resulted in the Stockholm Declaration, which contains 26 principles aimed at guiding international environmental policy.
  • Significance:
  • The Stockholm Conference is often referred to as the "Magna Carta" of the human environment because it marked the beginning of international environmental law and set the stage for future environmental treaties and agreements.
  1. Rio-Declaration on Environment (1992):
  • The Rio Earth Summit, held in 1992, led to the adoption of the Rio Declaration on Environment and Development, which includes 27 principles designed to promote sustainable development.
  • Significance:
  • While significant, it builds on the foundational work of the Stockholm Conference and does not hold the same pioneering status.
  1. Johannesburg Declaration on Sustainable Development (2002):
  • Adopted at the World Summit on Sustainable Development in Johannesburg, this declaration aimed to reinvigorate global commitment to sustainable development.
  • Significance:
  • Important for reaffirming global commitments but follows the principles established by earlier conferences.
  • The Stockholm Conference is often considered the "Magna Carta" of the human environment due to its pioneering role in establishing the foundation for international environmental policy and law. It was the first major international effort to address global environmental concerns comprehensively. Therefore, the correct answer is Option 2: Stockholm Conference.

Question 76

Match List - I with List - II.

List - I
(Case)
List - II
(Related to)
A.Ranganayakamma vs. Alwar Settil.Undue influence
B.Mannu Singh vs. Umadat Pandell.Coercion
C.Nordenfelt Caselll.Agreement in restraint of trade
D.Raffles vs. WichelhauslV.Mistake

Choose the correct answer from the options given below:

  1. AOption (a)

    A - I, B - IV, C - III, D - II

  2. BOption (b)

    A - II, B - III, C - IV, D - I

  3. COption (c)

    A - II, B - I, C - III, D - IV

  4. DOption (d)

    A - I, B - II, C - IV, D - III

View answer & explanation

Correct answer

Answer: (c)C.

A - II, B - I, C - III, D - IV

Why this answer is correct

The correct answer is Option 3.

Key Points

Matching Cases with Related Legal Principles

  • Various landmark cases in legal history have established important principles in contract law, including undue influence, coercion, agreements in restraint of trade, and mistake. Here, we match the cases with their related legal principles.
  1. Ranganayakamma vs. Alwar Setti:
  • Related to: Coercion (II)
  • Explanation:
  • This case deals with the concept of coercion under the Indian Contract Act. It involved the forced consent of a widow to adopt a boy under the threat of not performing her husband's last rites.
  1. Mannu Singh vs. Umadat Pande:
  • Related to: Undue Influence (I)
  • Explanation:
  • This case involves the concept of undue influence, where a spiritual guru exploited his influence over a devotee to gain monetary benefits.
  1. Nordenfelt Case:
  • Related to: Agreement in Restraint of Trade (III)
  • Explanation:
  • This case, formally known as Nordenfelt v. Maxim Nordenfelt Guns and Ammunition Co., established the principle regarding agreements in restraint of trade. The court held that certain restraints can be valid if they are reasonable in the interests of the contracting parties and the public.
  1. Raffles vs. Wichelhaus:
  • Related to: Mistake (IV)
  • Explanation:
  • This case, commonly known as the "Peerless" case, involves a mutual mistake in the identity of the subject matter in a contract, where each party referred to a different ship named "Peerless."

Conclusion:

  • The correct matches are:
  • A. Ranganayakamma vs. Alwar Setti - II. Coercion
  • B. Mannu Singh vs. Umadat Pande - I. Undue influence
  • C. Nordenfelt Case - III. Agreement in restraint of trade
  • D. Raffles vs. Wichelhaus - IV. Mistake

Therefore, the correct answer is Option 3: A - II, B - I, C - III, D - IV.

Question 77

Which of the following case is related with the Rohingya-Refugees?

  1. AOption (a)

    Mohd. Ahmed Khan v. Shah Bano

  2. BOption (b)

    Hersman Chaoba Singh v. Union of India

  3. COption (c)

    Mohammad Salimullah v. Union of India

  4. DOption (d)

    NALSA v. Union of India

View answer & explanation

Correct answer

Answer: (c)C.

Mohammad Salimullah v. Union of India

Why this answer is correct

The correct answer is Option 3.

Key Points

  • The Rohingya refugees have been a significant issue in India, with legal challenges and human rights concerns brought before the courts.
  1. Mohd. Ahmed Khan v. Shah Bano:
  • Explanation:
  • This landmark case from 1985 deals with the rights of Muslim women to alimony under Section 125 of the Criminal Procedure Code and is unrelated to the Rohingya refugee issue.
  1. Hersman Chaoba Singh v. Union of India:
  • Explanation:
  • This case does not pertain to the Rohingya refugee crisis and is unrelated to the topic at hand.
  1. Mohammad Salimullah v. Union of India:
  • Explanation:
  • This case directly addresses the plight of Rohingya refugees in India. Mohammad Salimullah, a Rohingya refugee, filed a petition before the Supreme Court of India challenging the government's decision to deport Rohingya refugees back to Myanmar, citing fears of persecution, torture, and other human rights violations.
  • The petitioners sought protection under India's obligations to international human rights conventions and the principle of non-refoulement.
  1. NALSA v. Union of India:
  • Explanation:
  • This landmark case deals with the rights and recognition of transgender persons in India. It is not related to the Rohingya refugee crisis.

Conclusion:

  • The case related to the Rohingya refugees is Mohammad Salimullah v. Union of India, where the Supreme Court of India dealt with issues concerning the deportation and protection of Rohingya refugees in India. Therefore, the correct answer is Option 3: Mohammad Salimullah v. Union of India.

Question 78

Which of the following case is not related with the "Last Opportunity Rule"?

  1. AOption (a)

    Davies v. Mann

  2. BOption (b)

    Radley v. London & North Western Railway

  3. COption (c)

    British Columbia Electric Co. Loach

  4. DOption (d)

    Ponting v. Noakes

View answer & explanation

Correct answer

Answer: (d)D.

Ponting v. Noakes

Why this answer is correct

The correct answer is Option 4.

Key Points

  • The "Last Opportunity Rule" is a doctrine in tort law, particularly in the context of contributory negligence. It holds that the party who had the last clear chance to avoid an accident but failed to do so is liable for the damages.
  1. Davies v. Mann:

This case is a classic example of the "Last Opportunity Rule." In this case, the court held that even though the plaintiff was negligent by leaving his donkey on the road, the defendant had the last clear chance to avoid the accident but failed to do so, and thus was held liable. 2. Radley v. London & North Western Railway:

​​This case is also associated with the "Last Opportunity Rule." It dealt with issues of contributory negligence and the last clear chance doctrine in the context of a railway accident.

3. British Columbia Electric Co. v. Loach:

​This case further developed the concept of the "Last Opportunity Rule." It involved a situation where the defendant's negligence provided the last clear chance to avoid the acciden

4. Ponting v. Noakes:

  • This case is unrelated to the "Last Opportunity Rule." Ponting v. Noakes involves the tort of trespass to animals. In this case, a horse leaned over a fence and ate poisonous leaves from a neighbor's property. The court held that the owner of the horse could not claim damages as the horse had trespassed.

Conclusion:

  • The cases related to the "Last Opportunity Rule" are Davies v. Mann, Radley v. London & North Western Railway, and British Columbia Electric Co. v. Loach. Ponting v. Noakes is not related to this rule, as it deals with a different aspect of tort law involving trespass to animals. Therefore, the correct answer is Option 4: Ponting v. Noakes.

Question 79

Arrange chronologically from the date of recognition or adoption of Right to Information Law in the given countries.

A. India

B. U.S.A.

C. U.K.

D. Sweden

Choose the correct answer from the options given below:

  1. AOption (a)

    B, C, D and A

  2. BOption (b)

    D, B, C and A

  3. COption (c)

    D, B, A and C

  4. DOption (d)

    D, C, B and A

View answer & explanation

Correct answer

Answer: (b)B.

D, B, C and A

Why this answer is correct

The correct answer is Option 2.

Key Points

  • Sweden: Recognized as having the first Right to Information Law with the adoption of the Freedom of the Press Act in 1766. This law established the principle of public access to government documents.
  • U.S.A.: The Freedom of Information Act (FOIA) was enacted in 1966. It provides the public with the right to request access to records from any federal agency.
  • U.K.: The Freedom of Information Act 2000 was passed by Parliament and came into force in 2005. It grants the public the right to access information held by public authorities.
  • India: The Right to Information Act was enacted in 2005 and came into full force on October 12, 2005. It provides a practical regime for citizens to secure access to information under the control of public authorities.

Additional Information

  • The chronological order reflects the historical development and recognition of the right to access government information across different countries.
  • Understanding the timeline of these laws helps in appreciating the global movement towards transparency and accountability in governance.
  • Each of these acts has contributed significantly to the promotion of democratic principles by empowering citizens with the right to access information.

Question 80

'Tuhr' means:

  1. AOption (a)

    Period of impurity

  2. BOption (b)

    Period of three menstruation courses

  3. COption (c)

    Period between two menstruation courses

  4. DOption (d)

    Period during which a Muslim woman is not allowed to meet any one after the death of her husband

View answer & explanation

Correct answer

Answer: (c)C.

Period between two menstruation courses

Why this answer is correct

The correct answer is Option 3.

Key Points

  • Definition of 'Tuhr':
  • 'Tuhr' refers to the period of purity between two menstrual cycles.
  • It is a time when a Muslim woman is considered ritually pure and can perform religious duties that are prohibited during menstruation.

Additional Information

  • Period of impurity:
  • This option refers to the time during menstruation when a woman is considered ritually impure and cannot perform certain religious duties.
  • Period of three menstruation courses:
  • This option might be confused with the waiting period (Iddah) after divorce, which is typically three menstrual cycles for a woman to ensure she is not pregnant before remarrying.
  • Period during which a Muslim woman is not allowed to meet anyone after the death of her husband:
  • This refers to 'Iddah,' specifically the mourning period for a widow, which lasts four months and ten days.

Read the following passage and then answer the following questions:

Article 48-A of the Constitution provides that the state shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. Clause (g) of Article 51A stipulates that it shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures. Although these are not justiciable provisions of the Constitution, they are indications that the Constitution recognizes the importance of the natural world. The importance of the environment, as indicated by these provisions, becomes a right in other parts of the Constitution. Article 21 recognizes the right to life and Personal liberty while Article 14 indicates that all persons shall have equality before law and the equal protection of laws. These Articles are important sources of the right to clean environment and the right against the adverse effects of climate change.

Question 81

The above paragraph reflects the Judgement in case of __________ .

  1. AOption (a)

    M.K. Ranjitsinh v. Union of India

  2. BOption (b)

    Association for Democratic Reforms v. Union of India

  3. COption (c)

    Sita Soren v. Union of India

  4. DOption (d)

    M.C. Mehta v. Union of India 

View answer & explanation

Correct answer

Answer: (d)D.

M.C. Mehta v. Union of India 

Why this answer is correct

The correct answer is Option 4.

Key Points

  • Judgment Reflection in M.C. Mehta v. Union of India:
  • The passage reflects the judgment in the case of M.C. Mehta v. Union of India.
  • In this case, the Supreme Court of India emphasized the importance of environmental protection and the constitutional duty to safeguard the environment as indicated in Articles 48-A and 51A(g).
  • The court recognized the right to a clean environment as an essential part of the right to life under Article 21 of the Constitution.

Additional Information

  • M.K. Ranjitsinh v. Union of India:
  • This case dealt with issues related to wildlife protection and conservation efforts in India.
  • Association for Democratic Reforms v. Union of India:
  • This case focused on electoral reforms and the right to information regarding the criminal background, assets, and educational qualifications of candidates contesting elections.
  • Sita Soren v. Union of India:
  • This case dealt with issues related to corruption and criminal misconduct by public officials.

Question 82

The marginal note of Article 48-A is:

  1. AOption (a)

    Protection of monuments and places and object of national importance

  2. BOption (b)

    Organisation of agriculture and animal husbandary

  3. COption (c)

    Protection and improvement of climate, forest and wildlife

  4. DOption (d)

    Protection and improvement of environment and safeguarding of forests and wildlife 

View answer & explanation

Correct answer

Answer: (d)D.

Protection and improvement of environment and safeguarding of forests and wildlife 

Why this answer is correct

The correct answer is Option 4.

Key Points

  • Marginal Note of Article 48-A:
  • The marginal note of Article 48-A of the Constitution of India is "Protection and improvement of environment and safeguarding of forests and wildlife."
  • This article mandates that the state shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country.

Additional Information

  • Protection of monuments and places and object of national importance:
  • This marginal note pertains to Article 49 of the Constitution.
  • Organisation of agriculture and animal husbandry:
  • This marginal note pertains to Article 48 of the Constitution.
  • Protection and improvement of climate, forest and wildlife:
  • This is not an accurate marginal note for any specific article in the Constitution.

Question 83

Which of the following Article of the Constitution says that PART-IV of the Constitution is not enforceable?

  1. AOption (a)

    Article 36

  2. BOption (b)

    Article 37

  3. COption (c)

    Article 38

  4. DOption (d)

    Article 39

View answer & explanation

Correct answer

Answer: (b)B.

Article 37

Why this answer is correct

The correct answer is Option 2.

Key Points

  • Article 37 of the Constitution:
  • Article 37 of the Constitution of India states that the provisions contained in Part IV, which deals with the Directive Principles of State Policy, are not enforceable by any court.
  • However, it also emphasizes that these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

Additional Information

  • Article 36:
  • This article defines the term "State" for the purposes of Part IV of the Constitution.
  • Article 38:
  • This article directs the State to secure a social order for the promotion of the welfare of the people.
  • Article 39:
  • This article outlines certain principles of policy to be followed by the State, such as providing adequate means of livelihood for all citizens and ensuring that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.

Question 84

Which Constitutional Amendment Act inserted Article 51-A(g) in the Constitution?

  1. AOption (a)

    44th Constitutional Amendment Act

  2. BOption (b)

    42nd Constitutional Amendment Act

  3. COption (c)

    39th Constitutional Amendment Act

  4. DOption (d)

    52nd Constitutional Amendment Act

View answer & explanation

Correct answer

Answer: (b)B.

42nd Constitutional Amendment Act

Why this answer is correct

The correct answer is Option 2.

Key Points

  • 42nd Constitutional Amendment Act:
  • The 42nd Constitutional Amendment Act, enacted in 1976, inserted Article 51-A(g) into the Constitution of India.
  • Article 51-A(g) stipulates that it shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.

Additional Information

  • 44th Constitutional Amendment Act:
  • This amendment, enacted in 1978, made several changes to the Constitution, including the restoration of certain rights and the deletion of the right to property as a fundamental right.
  • 39th Constitutional Amendment Act:
  • This amendment, enacted in 1975, primarily dealt with electoral reforms and the protection of the election of the Prime Minister and the Speaker from judicial scrutiny.
  • 52nd Constitutional Amendment Act:
  • This amendment, enacted in 1985, is known for introducing the anti-defection law, aimed at curbing political defections by members of Parliament and state legislatures.

Question 85

Right to Environment belongs to:

  1. AOption (a)

    First Generation of Human Rights

  2. BOption (b)

    Second Generation of Human Rights

  3. COption (c)

    Third Generation of Human Rights

  4. DOption (d)

    Fourth Generation of Human Rights

View answer & explanation

Correct answer

Answer: (c)C.

Third Generation of Human Rights

Why this answer is correct

The correct answer is Option 3.

Key Points

  • Right to Environment:
  • The Right to Environment is classified under the Third Generation of Human Rights, also known as solidarity rights or collective rights.
  • These rights include the right to a healthy environment, the right to development, and the right to peace, and they emphasize collective rights and responsibilities.

Additional Information

  • First Generation of Human Rights:
  • These are civil and political rights, such as the right to life, liberty, and freedom of expression. They focus on protecting individuals from state interference.
  • Second Generation of Human Rights:
  • These are economic, social, and cultural rights, such as the right to education, health, and adequate living standards. They emphasize the provision of essential services by the state.
  • Fourth Generation of Human Rights:
  • This is a more contemporary and evolving category that includes rights related to emerging technologies, such as digital rights and bioethics.

Question 86

Arrange the following as per the order of sections under the Partnership Act, 1932:

A. Partnership at will

B. Property of the firm

C. Holding out

D. Dissolution of a firm

E. Effect on Non-Registration of a Partnership firm

Choose the correct answer from the options given below:

  1. AOption (a)

    A, E, B, D, C

  2. BOption (b)

    A, B, C, D, E

  3. COption (c)

    A, B, D, C, E

  4. DOption (d)

    A, B, C, E, D

View answer & explanation

Correct answer

Answer: (b)B.

A, B, C, D, E

Why this answer is correct

The correct answer is Option 2.

Key Points 

Order of Sections under the Partnership Act, 1932

  • The Indian Partnership Act, 1932, governs the formation, conduct, and dissolution of partnerships in India. The Act is structured into various sections that address specific aspects of partnership law.
  1. Partnership at will:
  • Section 7: This section defines "partnership at will," which refers to a partnership where no fixed duration is specified, and it can be dissolved by any partner giving notice to the other partners.
  1. Property of the firm:
  • Section 14: This section outlines what constitutes the property of the firm, including all property and rights originally brought into the partnership stock or acquired, whether by purchase or otherwise, for the firm.
  1. Holding out:
  • Section 28: This section deals with the concept of "holding out," where a person who represents themselves as a partner in a firm, or allows others to do so, is liable to anyone who has on the faith of such representation given credit to the firm.
  1. Dissolution of a firm:
  • Section 39: This section provides for the dissolution of a firm, including the various modes by which a partnership may be dissolved.
  1. Effect on Non-Registration of a Partnership firm:
  • Section 69: This section specifies the effects of the non-registration of a partnership firm, including the inability to enforce certain rights in court.

Conclusion:

  • The correct order of the sections under the Partnership Act, 1932, is:
  • A. Partnership at will (Section 7)
  • B. Property of the firm (Section 14)
  • C. Holding out (Section 28)
  • D. Dissolution of a firm (Section 39)
  • E. Effect on Non-Registration of a Partnership firm (Section 69)

Therefore, the correct answer is Option 2: A, B, C, D, and E.

Question 87

Chronologically arrange the following in order of their chapter number sequence provided under the Patent Act, 1970:

A. Application for Patent

B. Amendment of Application and specification

C. Publication and examination of Application

D. Thereby Grant of Patents and Rights conferred

E. Opposition proceedings to Grant of Patent

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, C, E and D

  2. BOption (b)

    A, B, C, D and E

  3. COption (c)

    A, C, E, D and B

  4. DOption (d)

    A, C, E, B and D

View answer & explanation

Correct answer

Answer: (c)C.

A, C, E, D and B

Why this answer is correct

The correct answer is Option 3.

Key Points

Based on the provided arrangement of sections under the Patents Act, 1970, the correct chronological order for the given chapters is as follows:

  1. Application for Patent:
  • Chapter III: This is the chapter that deals with the applications for patents.
  • Relevant sections include 6 (Persons entitled to apply for patents), 7 (Form of application), etc.
  1. Publication and Examination of Application:
  • Chapter IV: This chapter addresses the publication and examination of patent applications.
  • Relevant sections include 11A (Publication of applications), 11B (Request for examination), 12 (Examination of application), etc.
  1. Opposition proceedings to Grant of Patent:
  • Chapter V: This chapter deals with opposition proceedings to the grant of patents.
  • Relevant sections include 25 (Opposition to patent), 26 (In cases of “obtaining” Controller may treat the patent as the patent of opponent), etc.
  1. Grant of Patents and Rights conferred:
  • Chapter VIII: This chapter covers the grant of patents and the rights conferred thereby.
  • Relevant sections include 43 (Grant of patents), 44 (Amendment of patent granted to deceased applicant), 45 (Date of patent), etc.
  1. Amendment of Application and Specification:
  • Chapter X: This chapter deals with the amendment of applications and specifications.
  • Relevant sections include 57 (Amendment of application and specification before Controller), 58 (Amendment of specification before Appellate Board or High Court), etc.

Therefore, the correct chronological order according to the chapters of the Patent Act, 1970, is:

  1. A. Application for Patent - Chapter III
  2. C. Publication and Examination of Application - Chapter IV
  3. E. Opposition proceedings to Grant of Patent - Chapter V
  4. D. Thereby Grant of Patents and Rights conferred - Chapter VIII
  5. B. Amendment of Application and Specification - Chapter X

Question 88

In Criminal cases, power to grant compensation to the victims of crime can be exercised by:

A. Trial Court

B. Appellate Court

C. Revisional Court

D. Court of Session

Choose the correct answer from the options given below:

  1. AOption (a)

    A and D only

  2. BOption (b)

    A and B only

  3. COption (c)

    A and C only

  4. DOption (d)

    A, B, C and D

View answer & explanation

Correct answer

Answer: (d)D.

A, B, C and D

Why this answer is correct

The correct answer is Option 4.

Key Points

In criminal cases, the power to grant compensation to the victims of crime can indeed be exercised by various courts as per the legal provisions in many jurisdictions, including India.

  1. Trial Court - The trial court has the authority to grant compensation to victims as part of the judgment in a criminal case.
  2. Appellate Court - An appellate court, which reviews the decisions of lower courts, can also grant compensation to victims if it finds it appropriate while hearing an appeal.
  3. Revisional Court - A revisional court, which reviews the legality of decisions made by lower courts, has the power to grant compensation to victims during the revision process.
  4. Court of Session - The Court of Session, which is a principal court of original jurisdiction in criminal matters, can also exercise this power.

Given that all these courts have the authority to grant compensation to victims of crime, the correct answer is:

Option 4: A, B, C, and D

In criminal cases, power to grant compensation to the victims of crime can be exercised by:

  • Trial Court (A)
  • Appellate Court (B)
  • Revisional Court (C)
  • Court of Session (D)

Thus, the correct answer is Option 4: A, B, C, and D

Question 89

Chronologically arrange the following cases as per the date of their decision :

A. Union of India v. Sankal Chand Himatlal Seth

B. S.P. Gupta(I) v. Union of India

C. Delhi Judicial Service Association v. State of Gujarat

D. Ashwini Kumar Upadhyay v. Union of India

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, C and D

  2. BOption (b)

    A, D, B and C

  3. COption (c)

    D, A, C and B

  4. DOption (d)

    D, A, B and C

View answer & explanation

Correct answer

Answer: (a)A.

A, B, C and D

Why this answer is correct

The correct answer is Option 1.

Key Points

To arrange the cases chronologically by the date of their decisions, we need to know the years in which each case was decided:

  1. Union of India v. Sankal Chand Himatlal Seth - Decided in 1977
  2. S.P. Gupta(I) v. Union of India - Decided in 1981
  3. Delhi Judicial Service Association v. State of Gujarat - Decided in 1991
  4. Ashwini Kumar Upadhyay v. Union of India - Decided in 2021

Arranging these cases in chronological order:

  1. Union of India v. Sankal Chand Himatlal Seth (1977)
  2. S.P. Gupta(I) v. Union of India (1981)
  3. Delhi Judicial Service Association v. State of Gujarat (1991)
  4. Ashwini Kumar Upadhyay v. Union of India (2021)

Thus, the correct sequence is:

Option 1: A, B, C, and D

The correct answer is Option 1: A, B, C, and D.

Question 90

Section 168 of the Motor Vehicles Act, 1988 requires the payment of compensation which must be:

  1. AOption (a)

    Adequate

  2. BOption (b)

    Fair

  3. COption (c)

    Just

  4. DOption (d)

    Living

View answer & explanation

Correct answer

Answer: (c)C.

Just

Why this answer is correct

The correct answer is Option 3.

Key Points

Section 168 of the Motor Vehicles Act, 1988 deals with the award of compensation by the Motor Accident Claims Tribunal in cases of motor vehicle accidents.

Section 168 states:

Award of the Claims Tribunal:

(1) On receipt of an application for compensation made under section 166, the Claims Tribunal shall, after giving notice of the application to the insurer and after giving the parties (including the insurer) an opportunity of being heard, hold an inquiry into the claim or, as the case may be, each of the claims and, subject to the provisions of section 162, may make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid and in making the award the Claims Tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be.

(2) The Claims Tribunal shall arrange to deliver copies of the award to the parties concerned expeditiously and in any case within a period of fifteen days from the date of the award.

(3) When an award is made under this section, the person who is required to pay any amount in terms of such award shall, within thirty days of the date of announcing the award by the Claims Tribunal, deposit the entire amount awarded in such manner as the Claims Tribunal may direct.

The key term in Section 168 is that the compensation awarded must be just. This means the compensation should be:

  • Adequate: It should cover the actual loss suffered by the victim or their family.
  • Fair: It should be equitable and reasonable, considering all the circumstances of the case.
  • Just: It should be morally and legally appropriate, considering the principles of justice and fairness.

The term "just" is the exact term used in Section 168 of the Motor Vehicles Act. It signifies that the compensation should be legally and morally appropriate, covering the aspects of adequacy and fairness.

Question 91

Match List - I with List - II.

​List - I
(Definition)
​List - II
(Section of IPC)
A.Injuryl.47
B.Reason to believell.20
C.Animallll.44
D.Court of JusticelV.26

Choose the correct answer from the options given below:

  1. AOption (a)

    A - II, B - I, C - IV, D - III

  2. BOption (b)

    A - III, B - IV, C - I, D - II

  3. COption (c)

    A - IV, B - III, C - I, D - II

  4. DOption (d)

    A - IV, B - I, C - III, D - II

View answer & explanation

Correct answer

Answer: (b)B.

A - III, B - IV, C - I, D - II

Why this answer is correct

The correct answer is Option 2.

Key Points

  1. Injury - Section 44
  • According to Section 44 of the Indian Penal Code (IPC), "injury" denotes any harm whatever illegally caused to any person, in body, mind, reputation, or property.
  1. Reason to believe - Section 26
  • As per Section 26 of the IPC, a person is said to have "reason to believe" a thing if he has sufficient cause to believe that thing but not otherwise.
  1. Animal - Section 47
  • Under Section 47 of the IPC, the term "animal" denotes any living creature other than a human being.
  1. Court of Justice - Section 20
  • Section 20 of the IPC defines "Court of Justice" as a judge who is empowered by law to act judicially alone or a body of judges which is empowered by law to act judicially as a body when such judge or body of judges is acting judicially.

Therefore, the correct pairing is:

  • A - III: Injury - Section 44
  • B - IV: Reason to believe - Section 26
  • C - I: Animal - Section 47
  • D - II: Court of Justice - Section 20

Question 92

The Supreme Court in which of the following cases declared : "Environment is a difficult word to define. Its normal meaning relates to the surroundings, but obviously that is a concept which is relatable to whatever object it is which is surrounded. Einstein had once observed, the environment is everything that is not me."

  1. AOption (a)

    A.K. Gopalan v. State of Madras

  2. BOption (b)

    T.N. Godavarman Thirumulpad v. Union of India

  3. COption (c)

    Olga Tellis v. Bombay Municipal Corp.

  4. DOption (d)

    Maneka Gandhi v. Union of India

View answer & explanation

Correct answer

Answer: (b)B.

T.N. Godavarman Thirumulpad v. Union of India

Why this answer is correct

The correct answer is Option 2.

Key Points

Case: T.N. Godavarman Thirumulpad v. Union of India

  • The Supreme Court of India has dealt with numerous cases related to environmental law and the protection of natural resources. In one such landmark case, the Court provided a profound definition of the environment, highlighting its vast and encompassing nature.
  • Environment Definition:
  • In the case of T.N. Godavarman Thirumulpad v. Union of India, the Supreme Court of India discussed the complexity of defining the environment. The Court stated that "environment is a difficult word to define. Its normal meaning relates to the surroundings, but obviously that is a concept which is relatable to whatever object it is which is surrounded. Einstein had once observed, the environment is everything that is not me."
  • Significance of the Case:
  • This case is significant in Indian environmental jurisprudence as it led to extensive judicial interventions for the conservation and protection of forests in India.
  • The Court's observation underscores the broad and inclusive nature of the environment, encompassing all that surrounds and impacts living beings.

Additional Information

  • Other Cases:
  • A.K. Gopalan v. State of Madras: This case primarily dealt with the right to personal liberty and the interpretation of Article 21 of the Constitution of India.
  • Olga Tellis v. Bombay Municipal Corp.: This case addressed the rights of pavement dwellers and their right to livelihood under Article 21.
  • Maneka Gandhi v. Union of India: This case expanded the scope of Article 21, emphasizing the right to life and personal liberty, and the need for procedure established by law to be fair, just, and reasonable.
  • The Supreme Court's observation about the definition of the environment in T.N. Godavarman Thirumulpad v. Union of India highlights the intricate and all-encompassing nature of environmental protection. Therefore, the correct answer is Option 2.

Question 93

Arrange the following jurists in chronological order of their year of birth:

A. Rousseau

B. Hugo Grotius

C. Thomas Hobbes

D. John Locke

E. Montesquieu

Choose the correct answer from the options given below:

  1. AOption (a)

    C, B, A, D and E

  2. BOption (b)

    B, C, D, E and A

  3. COption (c)

    A, D, C, B and E

  4. DOption (d)

    E, B, C, A and D

View answer & explanation

Correct answer

Answer: (b)B.

B, C, D, E and A

Why this answer is correct

The correct answer is Option 2.

 

Key PointsChronological Order of Jurists by Year of Birth:

  1. Hugo Grotius (1583-1645)
  • Born: 10 April 1583
  • He is often considered the father of international law and made significant contributions to the concept of natural law.
  1. Thomas Hobbes (1588-1679)
  • Born: 5 April 1588
  • Known for his work "Leviathan," Hobbes was a foundational figure in political philosophy, particularly regarding social contract theory.
  1. John Locke (1632-1704)
  • Born: 29 August 1632
  • Locke's writings on government, especially "Two Treatises of Government," greatly influenced liberal political thought and the development of constitutionalism.
  1. Montesquieu (1689-1755)
  • Born: 18 January 1689
  • Montesquieu is famous for his theory of the separation of powers, which has been integral to modern constitutional design.
  1. Jean-Jacques Rousseau (1712-1778)
  • Born: 28 June 1712
  • Rousseau's work, including "The Social Contract," has been fundamental in the development of democratic and egalitarian political ideals.

Conclusion:

  • The correct chronological order of the jurists based on their year of birth is:
  • B. Hugo Grotius (1583)
  • C. Thomas Hobbes (1588)
  • D. John Locke (1632)
  • E. Montesquieu (1689)
  • A. Jean-Jacques Rousseau (1712)

Therefore, the correct answer is Option 2: B, C, D, E, and A.

Question 94

Arrange the following offences in ascending order in terms of maximum sentence for the offence:

A. Offence Under Section 379 IPC

B. Offence Under Section 403 IPC

C. Offence Under Section 417 IPC

D. Offence Under Section 407 IPC

E. Offence Under Section 426 IPC

Choose the correct answer from the options given belo :

  1. AOption (a)

    E, C, D, A and B

  2. BOption (b)

    B, C, A, D and E

  3. COption (c)

    D, A, C, E and B

  4. DOption (d)

    E, C, B, A and D

View answer & explanation

Correct answer

Answer: (d)D.

E, C, B, A and D

Why this answer is correct

The correct answer is Option 4.

Key Points

  • Offence Under Section 426 IPC (Mischief)
  • This offence is punishable with imprisonment of up to 3 months or fine, or both.
  • Hence, this is the least severe offence in terms of maximum sentence.
  • Offence Under Section 417 IPC (Cheating)
  • This offence is punishable with imprisonment of up to 1 year, or fine, or both.
  • Hence, this is more severe than Section 426 IPC but less severe than the others.
  • Offence Under Section 403 IPC (Dishonest Misappropriation of Property)
  • This offence is punishable with imprisonment of up to 2 years, or fine, or both.
  • Hence, this is more severe than Section 417 IPC but less severe than the others.
  • Offence Under Section 379 IPC (Theft)
  • This offence is punishable with imprisonment of up to 3 years, or fine, or both.
  • Hence, this is more severe than Section 403 IPC but less severe than Section 407 IPC.
  • Offence Under Section 407 IPC (Criminal Breach of Trust by Carrier)
  • This offence is punishable with imprisonment of up to 7 years, and also fine.
  • Hence, this is the most severe offence in terms of maximum sentence.

Therefore, the offences in ascending order in terms of maximum sentence are: E (Section 426 IPC), C (Section 417 IPC), B (Section 403 IPC), A (Section 379 IPC), and D (Section 407 IPC).

Question 95

Following are the features of Parliamentary form of Government.

A. Pre-eminence of the President

B. Bicameral Legislature

C. Collective responsibility

D. Leadership of Prime Minister

Choose the most appropriate answer from the options given below:

  1. AOption (a)

    A, B and C only

  2. BOption (b)

    A, C and D only

  3. COption (c)

    A, B and D only

  4. DOption (d)

    B, C and D only

View answer & explanation

Correct answer

Answer: (d)D.

B, C and D only

Why this answer is correct

The correct answer is Option 4.

Key Points

Features of Parliamentary Form of Government

A parliamentary form of government is characterized by the supremacy of the Parliament, the collective responsibility of the executive to the legislature, the leadership of the Prime Minister, and often a bicameral legislature.

  • Pre-eminence of the President:
  • Incorrect: In a parliamentary system, the President (or Monarch, depending on the country) is usually a ceremonial head of state, and the real executive power lies with the Prime Minister and the Cabinet. Thus, "Pre-eminence of the President" is not a feature of the parliamentary form of government.
  • Bicameral Legislature:
  • Correct: Many parliamentary systems have a bicameral legislature, consisting of two houses - typically an upper house (like the House of Lords in the UK or the Rajya Sabha in India) and a lower house (like the House of Commons in the UK or the Lok Sabha in India).
  • Collective Responsibility:
  • Correct: In a parliamentary system, the Cabinet is collectively responsible to the legislature. This means that all members of the Cabinet must support Cabinet decisions and policies, and if the legislature passes a vote of no confidence, the entire Cabinet must resign.
  • Leadership of Prime Minister:
  • Correct: The Prime Minister is the head of the government in a parliamentary system and is typically the leader of the majority party in the lower house of the legislature. The Prime Minister leads the executive branch and the Cabinet.

Conclusion:

  • The features of a parliamentary form of government include a bicameral legislature, collective responsibility, and the leadership of the Prime Minister. Therefore, the correct answer is Option 4: B, C, and D only.

Question 96

Match List - I with List - II.

List - I
(Proposition)
List - II
(Theory of Property)
A.Property arose by taking control of res nulliusl.Labour Theory
B.The idea of individual property developed out of group or collective propertyll.Metaphysical Theory
C.Control of property is essential for the proper development of personalitylll.Historical Theory
D.Property is the result of individual labourlVNatural Theory

Choose the correct answer from the options given below:

  1. AOption (a)

    A - IV, B - III, C - II, D - I

  2. BOption (b)

     A - I, B - II, C - IV, D - III

  3. COption (c)

    A - III, B - I, C - IV, D - II

  4. DOption (d)

    A - II, B - I, C - III, D - IV

View answer & explanation

Correct answer

Answer: (a)A.

A - IV, B - III, C - II, D - I

Why this answer is correct

The correct answer is Option 1.

Key Points

Matching Propositions with Theories of Property

  • Different theories of property explain the origin, nature, and justification of property rights. These theories have been developed by various philosophers and legal theorists over time.

Key Points:

  • Proposition A: Property arose by taking control of res nullius
  • Natural Theory (IV):
  • The Natural Theory posits that property originates from the occupation or control of something that previously belonged to no one (res nullius). This theory is rooted in the natural law tradition, where the first person to take possession of an unowned object acquires property rights over it.
  • Proposition B: The idea of individual property developed out of group or collective property
  • Historical Theory (III):
  • The Historical Theory suggests that individual property rights evolved from collective or group ownership. This theory examines the historical progression of property rights and how they transformed from communal to individual ownership over time.
  • Proposition C: Control of property is essential for the proper development of personality
  • Metaphysical Theory (II):
  • The Metaphysical Theory, often associated with the philosopher Hegel, argues that property is essential for the development and expression of individual personality. It emphasizes the personal and psychological significance of owning property.
  • Proposition D: Property is the result of individual labour
  • Labour Theory (I):
  • The Labour Theory, famously articulated by John Locke, asserts that property rights are justified through the mixing of one's labour with resources. According to this theory, individuals gain ownership of property by working on and transforming it.
  • The correct matches are:
  • A - IV (Natural Theory)
  • B - III (Historical Theory)
  • C - II (Metaphysical Theory)
  • D - I (Labour Theory)

Therefore, the correct answer is Option 1: A - IV, B - III, C - II, D - I.

Question 97

"Law is an ordinance of reason for the common good made by him who has the care of the community and promulgated". This statement was given by:

  1. AOption (a)

    St. Augustine

  2. BOption (b)

    St. Thomas Acquinas

  3. COption (c)

    Ulpian

  4. DOption (d)

    Rousseau

View answer & explanation

Correct answer

Answer: (b)B.

St. Thomas Acquinas

Why this answer is correct

The correct answer is Option 2.

Key Points

  • Statement by St. Thomas Aquinas:
  • St. Thomas Aquinas, a prominent medieval philosopher and theologian, provided this definition of law in his work "Summa Theologica."
  • According to Aquinas, law is an ordinance of reason meant for the common good, created by the person who has the authority to care for the community, and must be promulgated (made known).

Additional Information

  • St. Augustine:
  • St. Augustine was an early Christian theologian and philosopher whose writings influenced the development of Western Christianity and philosophy.
  • He did not specifically define law in the same terms as Aquinas.
  • Ulpian:
  • Ulpian was a Roman jurist who contributed significantly to Roman law.
  • His contributions were more focused on practical legal principles rather than philosophical definitions of law.
  • Rousseau:
  • Jean-Jacques Rousseau was an 18th-century philosopher known for his work on political philosophy and his influential book "The Social Contract."
  • He did not define law in the specific terms used by Aquinas but discussed the general will and social contract theory.

Question 98

Which of the following is correct in relation to World Trade Organization (WTO)?

A. WTO is the successor of GATT.

B. WTO came into existence on 1st January 1996.

C. Topmost decision making body of WTO is the ministerial conference.

D. WTO has a separate legal personality.

Choose the correct answer from the options given below:

  1. AOption (a)

    A, C and D only

  2. BOption (b)

    A, B, C only

  3. COption (c)

    B, C, D only

  4. DOption (d)

    D, C, B only

View answer & explanation

Correct answer

Answer: (a)A.

A, C and D only

Why this answer is correct

The correct answer is Option 1.

Key Points

  • WTO is the successor of GATT.
  • This is true.
  • The World Trade Organization (WTO) was established on January 1, 1995, replacing the General Agreement on Tariffs and Trade (GATT) which had been in place since 1948.
  • Hence, Statement A is correct.
  • WTO came into existence on 1st January 1996.
  • This is false.
  • The WTO actually came into existence on January 1, 1995, not 1996.
  • Hence, Statement B is incorrect.
  • Topmost decision making body of WTO is the ministerial conference.
  • This is true.
  • The Ministerial Conference, which meets at least once every two years, is the topmost decision-making body of the WTO.
  • Hence, Statement C is correct.
  • WTO has a separate legal personality.
  • This is true.
  • The WTO has a legal personality that is separate from that of its member countries, meaning it can enter into agreements, be a party to disputes, and be held liable independently of its members.
  • Hence, Statement D is correct.

Question 99

Which of the following Section related to streedhan has been given retrospective effect?

  1. AOption (a)

    Section 14 of Hindu Succession Act, 1956

  2. BOption (b)

    Section 15 of Hindu Succession Act, 1956

  3. COption (c)

     Section 19 of Hindu Succession Act, 1956

  4. DOption (d)

    Section 20 of Hindu Succession Act, 1956

View answer & explanation

Correct answer

Answer: (a)A.

Section 14 of Hindu Succession Act, 1956

Why this answer is correct

The correct answer is Option 1.

Key Points

  • The Hindu Succession Act, 1956, is an important legislation that governs the inheritance and succession of property among Hindus. One of the critical aspects of the Act is the concept of "Streedhan," which refers to the property that a woman receives at the time of her marriage, as gifts, or through inheritance.

Section 14 of the Hindu Succession Act, 1956:

  • Provision:
  • Section 14 of the Hindu Succession Act, 1956, deals with the property of a female Hindu. It provides that any property possessed by a female Hindu, whether acquired before or after the commencement of the Act, shall be held by her as full owner and not as a limited owner.
  • Retrospective Effect:
  • This section has been given retrospective effect. This means that it applies to properties acquired by a female Hindu before the enactment of the Act as well. Therefore, properties that were previously held by women as limited owners (restricted to their lifetime without the right to alienate) are now considered their absolute property.
  • Purpose:
  • The retrospective effect of Section 14 aims to remove the disabilities and restrictions imposed on Hindu women by traditional laws, thereby empowering them with full ownership rights over their property, including Streedhan.

Additional Information

  • Section 15:
  • Section 15 outlines the general rules of succession in the case of female Hindus but does not have a retrospective effect related to Streedhan.
  • Section 19:
  • Section 19 deals with the mode of succession of two or more heirs and does not pertain to Streedhan.
  • Section 20:
  • Section 20 addresses the right of a child in the womb but does not relate to Streedhan or its retrospective effect.

Conclusion:

  • Section 14 of the Hindu Succession Act, 1956, specifically addresses the property of a female Hindu and provides it with full ownership rights, making it applicable retrospectively. This section ensures that all properties possessed by a female Hindu, whether acquired before or after the commencement of the Act, are held by her as her absolute property. Therefore, the correct answer is Option 1: Section 14 of the Hindu Succession Act, 1956.

Question 100

Which of the following statement(s) is/are correct as per Muslim Law ?

A. A child born after the termination of marriage is legitimate if born within two lunar years under Shia law.

B. A child born within six months of the marriage is illegitimate unless father acknowledges it.

C. A child born after the termination of marriage is illegitimate if born within ten lunar months under the Hanafi law.

D. A child born after the termination of marriage is-legitimate if born within four lunar years under the Shafii law.

Choose the correct answer from the options given below:

  1. AOption (a)

    A and B only

  2. BOption (b)

    B and D only

  3. COption (c)

    A, B and C only

  4. DOption (d)

    C and D only

View answer & explanation

Correct answer

Answer: (b)B.

B and D only

Why this answer is correct

The correct answer is Option 2.

Key Points

To determine which statements are correct as per Muslim law regarding the legitimacy of children born after the termination of marriage, let's analyze each statement based on the different schools of Islamic jurisprudence.

  1. Statement A:
  • "A child born after the termination of marriage is legitimate if born within two lunar years under Shia law."
  • Analysis:
  • Under Shia law, a child born within 10 lunar  months of the termination of marriage is generally considered legitimate. This statement is incorrect.
  1. Statement B:
  • "A child born within six months of the marriage is illegitimate unless the father acknowledges it."
  • Analysis:
  • According to Islamic law, a child born within six months of the marriage is presumed illegitimate unless the father acknowledges paternity. This period is considered the minimum gestation period for a child to be considered legitimate if born within the marriage. This statement is correct.
  1. Statement C:
  • "A child born after the termination of marriage is illegitimate if born within ten lunar months under the Hanafi law."
  • Analysis:
  • Under Hanafi law, a child born within two years (24 months) after the termination of marriage is considered legitimate. Therefore, a child born within ten lunar months after the termination of marriage is also considered legitimate. This statement is incorrect.
  1. Statement D:
  • "A child born after the termination of marriage is legitimate if born within four lunar years under the Shafii law."
  • Analysis:
  • Shafii law considers a child born within four lunar years (48 months) after the termination of marriage to be legitimate. This statement is correct.
  • The correct statements as per Muslim law are:
  • B. A child born within six months of the marriage is illegitimate unless the father acknowledges it.
  • D. A child born after the termination of marriage is legitimate if born within four lunar years under the Shafii law.

Therefore, the correct answer is Option 2: B and D only.

100 questions in the full paper