Previous Year Paper

UGC NET Paper 2: Law 21st Nov 2021 Shift 1 (Previous Year Paper)

Held in 2021

100 questions120 minutes
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Question 1

Who among the following can remove the name of company from Register of Companies on suo moto basis in terms of Section 248(1) of Companies Act, 2013? 

  1. AOption (a)

    Registrar of Companies 

  2. BOption (b)

    Securities and exchange Board of India

  3. COption (c)

    National Company Law Tribunal

  4. DOption (d)

    Ministry of Corporate Affair

View answer & explanation

Correct answer

Answer: (a)A.

Registrar of Companies 

Why this answer is correct

Key Points

Registrar of Companies:

The Registrar of Companies (RoC) has the authority to remove the name of a company from the Register of Companies under Section 248(1) of the Companies Act, 2013. This can be done suo moto if the RoC has reasonable cause to believe that a company is not carrying on any business or operation for a period of two immediately preceding financial years and has not made any application within such period for obtaining the status of a dormant company.

Securities and Exchange Board of India (SEBI):

  • SEBI is the regulator for the securities market in India but does not have the authority to remove the name of a company from the Register of Companies. Its role is primarily to protect the interests of investors in securities and to promote and regulate the securities market.

National Company Law Tribunal (NCLT):

  • The NCLT is a quasi-judicial body in India that adjudicates issues relating to Indian companies. While it has wide-ranging powers concerning company law matters, the suo moto removal of a company's name from the Register of Companies is specifically vested with the Registrar of Companies as per Section 248(1) of the Companies Act, 2013.

Ministry of Corporate Affairs (MCA):

  • The Ministry of Corporate Affairs oversees corporate governance and regulation in India through the Companies Act, among other laws. While it formulates policies and regulates corporate affairs, the direct authority to remove a company's name from the Register of Companies on a suo moto basis is delegated to the Registrar of Companies under the provisions of the Companies Act, 2013.

In summary, the Registrar of Companies is the correct authority with the power to remove the name of a company from the Register of Companies on a suo moto basis under Section 248(1) of the Companies Act, 2013. The other options listed do not have this specific power as it is not within their jurisdiction or mandate.

Question 2

Which of the following judgment does not deal with the need of enactment of ‘Uniform Civil Code’ in India? 

  1. AOption (a)

    Mohd. Ahmad Khan V.Shah Bano Begum

  2. BOption (b)

    Ashok Hurra V. Rupa

  3. COption (c)

    Sarla Mudgal V. Union of India 

  4. DOption (d)

    John Vallamatton V. Union of India 

View answer & explanation

Correct answer

Answer: (b)B.

Ashok Hurra V. Rupa

Why this answer is correct

Key Points

Correct Answer: Ashok Hurra V. Rupa

This case does not deal with the need for the enactment of a Uniform Civil Code in India. Instead, it is known for the Supreme Court's recognition of the concept of divorce by mutual consent under the Hindu Marriage Act.

Incorrect Options

Mohd. Ahmad Khan V. Shah Bano Begum:

  • This landmark judgment dealt with the issue of maintenance to a Muslim woman after divorce, under Section 125 of the Code of Criminal Procedure, which led to discussions on the need for a Uniform Civil Code to provide equal rights to women across different religions in India.

Sarla Mudgal V. Union of India:

  • This case highlighted the conflict between the personal laws of different religions, specifically in the context of bigamy and conversion to Islam for the sake of remarrying without divorcing the first wife. The judgment underscored the necessity of a Uniform Civil Code to address such conflicts and ensure equality before the law.

John Vallamatton V. Union of India:

  • This petition challenged the constitutionality of Section 118 of the Indian Succession Act, which discriminated against Christians in matters of wills and donations for religious or charitable purposes. The case brought to light the discrepancies in personal laws and the need for a Uniform Civil Code to ensure uniformity and fairness in the laws applicable to all citizens, irrespective of their religion.

The discussion around a Uniform Civil Code in India primarily revolves around the need to harmonize diverse personal laws currently governing matters such as marriage, divorce, inheritance, and adoption across different religions. This is aimed at ensuring equality and justice for all citizens, as mandated by the Constitution of India. The cases mentioned, except for Ashok Hurra V. Rupa, touch upon aspects that fuel the debate on the necessity of a Uniform Civil Code in India.

Question 3

Originally under the Hindu Marriage Act, 1955, divorce was based on:‐ 

  1. AOption (a)

    Consent Theory

  2. BOption (b)

    Breakdown Theory

  3. COption (c)

    Fault Theory

  4. DOption (d)

    Will Theory

View answer & explanation

Correct answer

Answer: (c)C.

Fault Theory

Why this answer is correct

Key Points

Correct Answer: Fault Theory

Explanation of Correct Answer (Fault Theory):

The Hindu Marriage Act, 1955, initially adopted the Fault Theory for divorce.

Under the Fault Theory, a marriage could be dissolved only if one party was at fault or had breached the marriage vows.

Common grounds under this theory included adultery, cruelty, desertion, conversion to another religion, mental disorder, leprosy, venereal disease, and renunciation of the world.

This theory is based on the premise that a guilty party must be punished, and the innocent party should have the right to seek relief in the form of divorce.

Overview of Incorrect Options:

Consent Theory:

  • This theory suggests that a marriage can be dissolved if both parties mutually agree to it, without needing to establish fault.
  • While this is a more modern approach, it was not the basis of the Hindu Marriage Act, 1955, at its inception.

Breakdown Theory:

  • The Breakdown Theory posits that a marriage can be ended if it has irretrievably broken down, indicating that the spouses can no longer live together as husband and wife.
  • This theory focuses on the state of the marriage itself rather than the conduct of either party.
  • It was not initially included in the Hindu Marriage Act, 1955, but has gained recognition over the years in various legal systems.

Will Theory:

  • The Will Theory is not a widely recognized or traditional theory in the context of divorce laws.
  • It suggests that the will or desire of the parties involved is sufficient to dissolve a marriage, without the need for mutual consent or fault.
  • This theory does not align with the principles laid out in the Hindu Marriage Act, 1955, at its inception.

Conclusion:

  • The Fault Theory was the foundational principle for divorce under the Hindu Marriage Act, 1955. It required proving fault or misconduct by one of the parties as a condition for divorce. Over time, the legal framework has evolved to include other theories like Consent Theory and Breakdown Theory, reflecting changes in societal attitudes towards marriage and divorce. However, initially, the Act was firmly rooted in the Fault Theory.

Question 4

Which of the following judgment do not deal with the matter of Live‐in relationship? 

  1. AOption (a)

    Indra Sarma V. K.V. Sarma

  2. BOption (b)

    Sharda V. Dharmpal

  3. COption (c)

    S. Khushboo V. Kanniammal 

  4. DOption (d)

    Chanmuniya V. Chanmuniya Kumar Singh

View answer & explanation

Correct answer

Answer: (b)B.

Sharda V. Dharmpal

Why this answer is correct

Key Points

Correct Answer: Sharda V. Dharmpal

This case does not deal with the matter of live-in relationships. It primarily focuses on the provision of maintenance under Section 125 of the CrPC and discusses the validity of a medical examination to determine the mental condition of the spouse in a matrimonial dispute.

Incorrect Options:

Indra Sarma V. K.V. Sarma: This case is significant in the context of live-in relationships as it provides clarity on the legal status of such relationships in India. The Supreme Court recognized certain relationships akin to marriage, thus offering protection under the Domestic Violence Act to women in live-in relationships under certain conditions.

S. Khushboo V. Kanniammal: This case is relevant to the discourse on live-in relationships as it dealt with the freedom of speech and expression concerning the endorsement of pre-marital sex and live-in relationships. The Supreme Court, in this case, acquitted the petitioner, Khushboo, of the charges of obscenity, noting that live-in relationships are permissible, and the view expressed by her is within the scope of freedom of speech.

Chanmuniya V. Chanmuniya Kumar Singh: This case expanded the interpretation of the term 'wife' under Section 125 of the CrPC, suggesting that women in long-term live-in relationships could also be entitled to maintenance. The Supreme Court emphasized a broad interpretation to ensure justice for women who are not formally married but are in a relationship that is similar to marriage.

Summary: The case of Sharda V. Dharmpal is distinct from the other options as it does not directly address the issues or legal considerations surrounding live-in relationships. Instead, it delves into the matters of maintenance and medical examination in the context of matrimonial disputes, thereby making it the correct answer to the question of which judgment does not deal with the matter of live-in relationships.

Question 5

The Supreme Court of India recognised the significance of Inter‐generational equity and held a government department’s approval to establish forest based Industry to be invalid in one of the following case:‐  

  1. AOption (a)

    State of Himachal Pradesh V. Ganesh Wood products

  2. BOption (b)

    Vellore citizen’s forum V. Union of India

  3. COption (c)

    Dr. B.L. Wadehra V Union of India 

  4. DOption (d)

    M.C, Metha V Union of India 

View answer & explanation

Correct answer

Answer: (a)A.

State of Himachal Pradesh V. Ganesh Wood products

Why this answer is correct

Key Points

State of Himachal Pradesh v. Ganesh Wood Products:

This case is notable for the Supreme Court of India's recognition of inter-generational equity, a principle that asserts the rights of future generations to the natural resources and environment should be preserved. The court invalidated a government department's approval for establishing a forest-based industry, emphasizing the need to balance economic development with environmental protection to ensure the well-being of future generations. The decision underscores the judiciary's role in safeguarding environmental interests against unsustainable industrial practices.

Vellore Citizens' Welfare Forum v. Union of India:

  • Incorrect for this context, though it is a landmark case in environmental law in India. It dealt with the issue of industrial pollution in the Vellore district and emphasized the 'Precautionary Principle' and the 'Polluter Pays' principle. It did not directly address the concept of inter-generational equity or the invalidation of a government department's approval for a forest-based industry.

Dr. B.L. Wadehra v. Union of India:

  • This case is not the correct answer as it primarily dealt with issues of air pollution in Delhi. The Supreme Court's directives in this case led to significant measures to reduce pollution, including the conversion of public transport to CNG. While it is an important environmental case, it does not focus on inter-generational equity or the establishment of a forest-based industry.

M.C. Mehta v. Union of India:

  • This case encompasses a series of landmark judgments by the Supreme Court of India addressing various environmental issues. M.C. Mehta has been involved in several key environmental cases, including those concerning air pollution, Ganges river pollution, and the Oleum gas leak case. While these cases have significantly contributed to environmental jurisprudence in India, they do not specifically address the issue of inter-generational equity in the context of invalidating a government department's approval for a forest-based industry.

In summary, the State of Himachal Pradesh v. Ganesh Wood Products case is distinguished by its focus on inter-generational equity and the specific context of invalidating a government approval for establishing a forest-based industry, setting it apart from the other options which deal with different environmental issues and legal principles.

Question 6

The Government of India’s policy on abatement of pollution adopted certain guiding principles in the year 1992. Which of the following is not covered under the said guiding principles?  

  1. AOption (a)

    Prevention of pollution at source

  2. BOption (b)

    Adoption of best available technology 

  3. COption (c)

    Involvement of NGO’s for all purposes 

  4. DOption (d)

    Public participation in decision making

View answer & explanation

Correct answer

Answer: (c)C.

Involvement of NGO’s for all purposes 

Why this answer is correct

Key Points

Incorrect Option: 1) Prevention of pollution at source

This principle focuses on reducing pollution at its origin to minimize its impact on the environment. It is a proactive approach aimed at addressing pollution issues before they become widespread, making it a fundamental aspect of pollution abatement policies.

Incorrect Option: 2) Adoption of best available technology

This principle emphasizes the use of the most advanced and efficient technologies available for pollution control and prevention. By adopting the best available technology, industries and other polluters can significantly reduce their environmental footprint, aligning with the goals of sustainable development and pollution reduction.

Correct Option: 3) Involvement of NGOs for all purposes

While the involvement of non-governmental organizations (NGOs) in environmental protection and pollution control is recognized as important, the statement that NGOs are involved for all purposes is not accurate. NGOs play crucial roles in advocacy, research, and community mobilization, but their involvement is not mandated for all aspects of pollution abatement policy. The principle of involving NGOs for all purposes does not accurately reflect the guiding principles adopted by the Government of India in 1992.

Incorrect Option: 4) Public participation in decision making

  • This principle acknowledges the importance of involving the public in environmental decision-making processes. Public participation ensures transparency, accountability, and inclusivity, allowing for a broader range of perspectives and solutions to be considered in the management and reduction of pollution. It is a key component of effective environmental governance.

Solution Statement:

  • The principle of involving NGOs for all purposes does not align with the guiding principles adopted by the Government of India in 1992 for the abatement of pollution. While NGOs play a vital role in environmental protection, their involvement is not mandated for all aspects of pollution control policy. Other principles such as the prevention of pollution at the source, adoption of the best available technology, and public participation in decision-making are integral parts of the policy framework aimed at reducing pollution and promoting sustainable development.

Question 7

The preamble to both Environment (Protection) Act and Air (Prevention and Control of Pollution) Act were passed to implement the decision reached in one of the following:‐ 

  1. AOption (a)

    San Francisco Conference, 1945

  2. BOption (b)

    United Nations Conference on Environment and Development, 1992

  3. COption (c)

    United Nations Conference on the Human Environment, 1972

  4. DOption (d)

    United Nations Conference on Environment, 1982 

View answer & explanation

Correct answer

Answer: (c)C.

United Nations Conference on the Human Environment, 1972

Why this answer is correct

Key Points

Correct Answer: United Nations Conference on the Human Environment, 1972

Explanation: This conference, also known as the Stockholm Conference, marked the first major international meeting on the environment. It led to the creation of the United Nations Environment Programme (UNEP) and set the stage for future global environmental policies, including those adopted by India in the form of the Environment (Protection) Act and the Air (Prevention and Control of Pollution) Act. The conference emphasized the need for a balanced and integrated approach to environmental issues, which these acts aim to address.

Incorrect Options:

San Francisco Conference, 1945: This conference was primarily focused on the establishment of the United Nations post-World War II, rather than environmental issues. It was significant for international peace and security but did not directly contribute to the development of environmental legislation.

United Nations Conference on Environment and Development, 1992: Also known as the Earth Summit, this conference took place in Rio de Janeiro and was significant for the adoption of Agenda 21, the Rio Declaration on Environment and Development, and the establishment of the Convention on Biological Diversity and the Framework Convention on Climate Change. While influential in global environmental policy, it was not the direct impetus for the Indian acts mentioned.

United Nations Conference on Environment, 1982: There was no major environmental conference held under this name in 1982. The closest event around this time was the World Charter for Nature, adopted by the United Nations General Assembly in 1982, which laid down principles for the conservation and sustainable use of the natural environment, but it was not directly responsible for the creation of the specific Indian laws mentioned.

Question 8

Which one of the following is not the functions of Human Rights Council? 

  1. AOption (a)

    To promote Human Rights education and learning as well as advisory services

  2. BOption (b)

    To decide issues without making any recommendations to the General Assembly

  3. COption (c)

    To work in close cooperation with the Government regional organisation, National Human rights institutions and civil society

  4. DOption (d)

    To serve as forum for dialogue on thematic issues on all Human rights

View answer & explanation

Correct answer

Answer: (b)B.

To decide issues without making any recommendations to the General Assembly

Why this answer is correct

Key Points

Correct Answer Explanation: The primary function of the Human Rights Council that does not align with its objectives is "To decide issues without making any recommendations to the General Assembly." This is because one of the critical roles of the Human Rights Council is to make recommendations to the United Nations General Assembly for further actions on human rights issues. The council is designed to address human rights violations and make recommendations on them, which can include urging the General Assembly to take action.

Overview of Incorrect Options:

To promote Human Rights education and learning as well as advisory services: This is an integral function of the Human Rights Council. The council is actively involved in promoting human rights education and providing advisory services to help states and organizations improve their human rights practices.

To work in close cooperation with the Government regional organisation, National Human rights institutions and civil society: This statement accurately describes one of the council's functions. The Human Rights Council collaborates with governments, regional organizations, national human rights institutions, and civil society to strengthen, promote, and protect human rights around the world.

To serve as a forum for dialogue on thematic issues on all Human rights: This is another core function of the Human Rights Council. It provides a platform for discussing and addressing thematic human rights issues, facilitating dialogue among various stakeholders, including member states, non-governmental organizations, and human rights activists.

Question 9

‘Digital signature’ is defined under which section of information technology Act, 2000? 

  1. AOption (a)

    Section 2 (p)

  2. BOption (b)

    Section 2 (q)

  3. COption (c)

    Section 2 (r) 

  4. DOption (d)

    Section 2 (tb) 

View answer & explanation

Correct answer

Answer: (a)A.

Section 2 (p)

Why this answer is correct

Key Points

Correct Answer: Section 2 (p)

Digital signatures are defined under Section 2(p) of the Information Technology Act, 2000. This section provides a legal definition and framework for digital signatures, which are used to ensure the authenticity and integrity of electronic records. Digital signatures employ cryptographic techniques to create a unique signature that is almost impossible to forge, making them a crucial tool for secure online transactions and communications.

Explanation:

  • The Information Technology Act, 2000, is a comprehensive legislation that covers a wide range of aspects related to electronic governance, electronic commerce, cybercrimes, and digital signatures. Digital signatures are a pivotal part of this Act as they provide the legal framework for the authentication of electronic records. By defining digital signatures in Section 2(p), the Act ensures that there is a clear legal understanding of what constitutes a digital signature, how it can be used, and its legal implications. This clarity is essential for fostering trust and security in electronic transactions, making digital signatures a cornerstone of secure digital communication and commerce.

Question 10

Removal of members of Company Law Appellate Tribunal can be carried out in consultation by:‐

(A) Central Government

(B) Chief Justice

(C) Chairperson of Appellate tribunal

(D) Auditor General

Choose the correct answer from the options given below:

  1. AOption (a)

    (A) and (B) only

  2. BOption (b)

    (A), (B), (C) only

  3. COption (c)

    (C) and (B) only 

  4. DOption (d)

    (A), (B), (C) and (D)

View answer & explanation

Correct answer

Answer: (a)A.

(A) and (B) only

Why this answer is correct

Key Points

Statement A (Central Government): Correct. The removal of members of the Company Law Appellate Tribunal involves the Central Government as it plays a pivotal role in the governance and administration of such tribunals. The Central Government has the authority to appoint and, under certain circumstances, remove members based on the provisions laid out in the laws governing these tribunals.

Statement B (Chief Justice): Correct. The involvement of the judiciary, specifically the Chief Justice, in the process ensures that the removal of members is not only an administrative procedure but also adheres to principles of justice and fairness. The Chief Justice’s consultation provides a judicial oversight that is crucial for maintaining the independence and integrity of the tribunal.

Statement C (Chairperson of Appellate tribunal): Incorrect. While the Chairperson of the Appellate Tribunal plays a significant role in the functioning and administration of the tribunal, their role does not typically extend to the consultation process for the removal of members. The removal process is designed to be independent of the tribunal's internal hierarchy to ensure impartiality and prevent conflicts of interest.

Statement D (Auditor General): Incorrect. The Auditor General's primary function is related to auditing the accounts of the Union and of the States. Their role does not encompass the administration or governance of judicial or quasi-judicial bodies such as the Company Law Appellate Tribunal. Therefore, the Auditor General is not involved in the consultation process for the removal of tribunal members.

Conclusion:

  • The correct answer is option 1, which includes (A) Central Government and (B) Chief Justice only. These entities are involved in the consultation process for the removal of members of the Company Law Appellate Tribunal, ensuring that the process is carried out with administrative authority and judicial oversight. Hence, Statement A and B are correct, while Statement C and D are incorrect.

Question 11

Endorsement of Negotiable instrument followed by delivery

(A) Transfers the property in instrument to endorsee

(B) Transfers the right of further negotiation to the endorsee

(C) May exclude or restrict the right of further negotiation by endorsee

(D) May merely constitute the endorsee as an agent

Choose the correct answer from the options given below:

  1. AOption (a)

    (A) and (B) only

  2. BOption (b)

    (C) and (D) only

  3. COption (c)

    (A), (B), (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

Key Points

Statement (A): Transfers the property in instrument to endorsee

  • Correct. When a negotiable instrument is endorsed and delivered to the endorsee, the property, or the ownership, of the instrument is transferred to the endorsee. This means the endorsee becomes the legal owner of the instrument.

Statement (B): Transfers the right of further negotiation to the endorsee

  • Correct. Along with the property of the instrument, the right to further negotiate the instrument is also transferred to the endorsee. This means the endorsee can further endorse and deliver the instrument to someone else, transferring the property and negotiation rights to another party.

Statement (C): May exclude or restrict the right of further negotiation by endorsee

  • Correct. An endorsement can be restrictive, which may either prohibit further negotiation of the instrument or may impose conditions on it. This means the endorser can limit how the endorsee uses the instrument or to whom they can negotiate it further.

Statement (D): May merely constitute the endorsee as an agent

  • Correct. In some cases, the endorsement specifies that the endorsee acts as an agent for the endorser. This means the endorsee can only act on behalf of the endorser, and any negotiation done by the endorsee is for the benefit of the endorser.
  • Hence, Statement (A) is correct because it accurately describes the transfer of property in the instrument to the endorsee.
  • Statement (B) is correct as it correctly outlines the transfer of negotiation rights to the endorsee.
  • Statement (C) is correct as it properly explains how an endorsement can limit the endorsee's rights.
  • Statement (D) is correct in detailing that an endorsement can designate the endorsee as an agent, affecting their rights and obligations.

Given the accuracy and relevance of all statements (A), (B), (C), and (D) in relation to the endorsement and delivery of a negotiable instrument, the correct answer is option 4: (A), (B), (C), and (D).

Question 12

Under Muslim Law, divorce by common consent is known as:‐

(A) Talaq‐e‐Tafwid

(B) Khula

(C) Lian

(D) Mubarat

Choose the correct answer from the options given below:

  1. AOption (a)

    (A), (B) and (D) only

  2. BOption (b)

    (B) and (D) only

  3. COption (c)

    (C) and (D) only

  4. DOption (d)

    (A) and (B) only

View answer & explanation

Correct answer

Answer: (b)B.

(B) and (D) only

Why this answer is correct

Hint

To provide a comprehensive solution based on the given information about divorce under Muslim Law, let's break down each option:

Talaq-e-Tafwid: This is the delegation of the power of divorce from the husband to the wife. Under certain conditions, the husband can delegate the power to his wife to initiate a divorce. This is not a form of divorce by mutual consent.

  • Hence, Statement (A) is incorrect.

Khula: This is a form of divorce initiated by the wife, where she offers to return her dower or something else of value to the husband to free herself from the marriage. It is a form of dissolution of marriage by agreement or mutual consent.

  • Hence, Statement (B) is correct.

Lian: This is a form of dissolution of marriage when the husband levels false charges of adultery against his wife. It is not a divorce by mutual consent but a specific process initiated under certain accusations.

  • Hence, Statement (C) is incorrect.

Mubarat: This is a form of mutual divorce where both parties wish to separate and agree to dissolve the marriage. Both husband and wife have to consent to the divorce, making it a divorce by mutual consent.

  • Hence, Statement (D) is correct.

Given the descriptions:

  • Option 2 (B) and (D) only - This correctly identifies Khula and Mubarat as forms of divorce by mutual consent under Muslim Law.

Based on the above analysis:

  • The correct answer is option 2, which includes Khula and Mubarat, both recognized forms of divorce by mutual consent under Muslim Law.

Question 13

Which of the following are fault grounds of divorce under the Hindu Marriage Act, 1955?

(A) Desertion

(B) Cruelty

(C) Consent obtained by force or fraud

(D) Conversion to non Hindu religion

Choose the most appropriate answer from the options given below:

  1. AOption (a)

    (A) and (B) only 

  2. BOption (b)

    (B), (C) and (D) only 

  3. COption (c)

    (A) and (C) only

  4. DOption (d)

    (A), (B) and (D) only 

View answer & explanation

Correct answer

Answer: (d)D.

(A), (B) and (D) only 

Why this answer is correct

Key PointsStatement A (Desertion) is correct. Under the Hindu Marriage Act, 1955, desertion by a spouse for a continuous period of not less than two years immediately preceding the presentation of the petition is considered a fault ground for divorce. Hence, Statement A is correct.

Statement B (Cruelty) is correct. The Act recognizes cruelty (both mental and physical) by a spouse towards the other as a valid ground for divorce. This includes any kind of mental or physical harm that makes living together unsafe or unreasonable. Hence, Statement B is correct.

Statement C (Consent obtained by force or fraud) is not explicitly mentioned as a fault ground for divorce under the Hindu Marriage Act, 1955, in the context of the initial consent for marriage. However, it's worth noting that the Act does address issues related to consent in the context of voidable marriages, but that context is slightly different from being a direct ground for divorce. For the purpose of this specific question on fault grounds for divorce, Statement C is considered incorrect.

Statement D (Conversion to a non-Hindu religion) is correct. Conversion of a spouse to a non-Hindu religion is indeed a ground for divorce under the Hindu Marriage Act, 1955. The act specifically provides this ground, acknowledging that conversion can fundamentally affect the religious harmony of the marriage, thereby providing a basis for divorce. Hence, Statement D is correct.

Given the analysis:

  • Option 4 (A), (B), and (D) only is the correct answer because it correctly includes (A), (B), and (D) which are valid fault grounds for divorce under the Hindu Marriage Act, 1955, and does not include (C) which is not a fault ground in the context of this question.

Hence, the correct option is 4, making Statements A, B, and D correct fault grounds for divorce under the Hindu Marriage Act, 1955.

Question 14

Under the provisions of the Hindu succession Act, 1956

(A) Son of a predeceased daughter is class I heir

(B) Widow of a predeceased son of a pre‐deceased son is class II heir

(C) Mother’s mother is class I heir

(D) Mother’s father is class II heir

Choose the most appropriate answer from the options given below:

  1. AOption (a)

    (A), (B) and (C) only 

  2. BOption (b)

    (A) and (D) only

  3. COption (c)

    (B) and (D) only

  4. DOption (d)

    (B), (C) and (D) only

View answer & explanation

Correct answer

Answer: (b)B.

(A) and (D) only

Why this answer is correct

Key PointsBased on the provisions of the Hindu Succession Act, 1956, let's analyze each statement provided in the question to determine its correctness:

Statement (A): Son of a predeceased daughter is class I heir

  • This statement is correct. According to the Hindu Succession Act, 1956, the son of a predeceased daughter is indeed considered a Class I heir. Class I heirs have the first right to the property of the deceased, and they inherit simultaneously.

Statement (B): Widow of a predeceased son of a pre-deceased son is class II heir

  • This statement is incorrect. The widow of a predeceased son of a predeceased son falls under the category of Class I heirs. The Act specifies that certain relatives, including this category, are to be considered as Class I heirs who have a preferential right over others in inheriting the property of the deceased.

Statement (C): Mother’s mother is class I heir

  • This statement is incorrect. The mother's mother, or maternal grandmother, of the deceased does not fall under Class I heirs but is considered a Class II heir under the Hindu Succession Act, 1956. Class II heirs inherit the property in the absence of any Class I heirs.

Statement (D): Mother’s father is class II heir

  • This statement is correct. Similar to the mother's mother, the mother's father, or maternal grandfather, is indeed categorized as a Class II heir. In the absence of any Class I heir, the property can be inherited by Class II heirs, which includes the maternal grandfather.

Therefore, the correct answer is option 2: (A) and (D) only.

Question 15

The National Commission for Women shall perform some of the following functions:

(A) Shall fund litigations involving issues affecting a large body of women

(B) Shall provide, financial assistance to all those who are self employed

(C) Shall call for specific studies or investigation in to specific problems

(D) Shall impose punishment to those found involved in discrimination of women

(E) Shall investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws

Choose the correct answer from the options given below:

  1. AOption (a)

    (A), (C), (E) only

  2. BOption (b)

    (B), (D), (E) only

  3. COption (c)

    (A), (B),(D) only 

  4. DOption (d)

    (E), (A), (B) only 

View answer & explanation

Correct answer

Answer: (a)A.

(A), (C), (E) only

Why this answer is correct

Key Points

Statement A: "Shall fund litigations involving issues affecting a large body of women" is correct. The National Commission for Women (NCW) may fund litigations that have the potential to affect a large number of women, supporting legal battles that aim to bring about significant changes in laws or policies for the betterment of women's rights and status in society. Hence, Statement A is correct.

Statement B: "Shall provide financial assistance to all those who are self-employed" is incorrect. While the NCW aims to empower women, its role is not to provide financial assistance to all self-employed individuals. Its functions are more aligned with creating policies, recommending legal changes, and ensuring the protection of women's rights rather than acting as a financial institution for self-employed individuals. Hence, Statement B is incorrect.

Statement C: "Shall call for specific studies or investigation into specific problems" is correct. The NCW has the authority to commission research studies or investigations into issues affecting women. This is a crucial part of their role, as it helps in understanding the challenges faced by women and in formulating strategies to address these challenges. Hence, Statement C is correct.

Statement D: "Shall impose punishment to those found involved in discrimination of women" is incorrect. The NCW does not have the authority to impose punishments. Its role is more about advocacy, advisory, and making recommendations to the government. While it can investigate matters and bring them to the attention of the appropriate authorities, the imposition of punishment is typically within the purview of the judiciary or other relevant law enforcement agencies. Hence, Statement D is incorrect.

Statement E: "Shall investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws" is correct. This is a fundamental role of the NCW, as it involves monitoring and ensuring the implementation of laws and policies designed to protect women's rights and to provide recommendations for changes or improvements where necessary. Hence, Statement E is correct.

Given the analysis above, the correct answer is option 1, which includes statements (A), (C), and (E). These statements accurately represent some of the functions of the National Commission for Women, focusing on legal support, research, and oversight of women's rights protection.

  • Hence, the correct option is 1: (A), (C), (E) only.

Question 16

Examine the relevancy of class action suit and choose the correct answer:‐

(A) A class action would measurably assist in securing redress in Environmental cases

(B) Monetary recoveries from the tort feasors in environmental cases can only be obtained through a suit

(C) The writ procedure appears more suited than the class action procedure

(D) The most obvious use of class action is in the mass disasters of the sort that occurred in Bhopal

Choose the most appropriate answer from the options given below:

  1. AOption (a)

    (A), (B), (D) only

  2. BOption (b)

    (A), (C), (D) only 

  3. COption (c)

    (B), (C), (D) only

  4. DOption (d)

    (A), (B), (C) only 

View answer & explanation

Correct answer

Answer: (a)A.

(A), (B), (D) only

Why this answer is correct

Key PointsStatement A: A class action would measurably assist in securing redress in Environmental cases

Correct. Class action suits allow a group of people who have suffered similar harm to combine their legal complaints against a defendant. This is particularly useful in environmental cases where the harm is widespread and might affect a large number of people. Through class action, these individuals can pool their resources, making it feasible to litigate against large corporations or entities that might have significantly more resources. Hence, statement A is correct.

Statement B: Monetary recoveries from the tort feasors in environmental cases can only be obtained through a suit

Correct. While there are various mechanisms for seeking redress in environmental cases, including regulatory enforcement and settlements, a lawsuit often remains a primary way for victims to obtain monetary compensation from those responsible for environmental harm. This is because a suit can lead to a judgment requiring the payment of damages. Hence, statement B is correct.

Statement C: The writ procedure appears more suited than the class action procedure

Incorrect. While writs can be an effective tool for addressing certain legal issues, especially in jurisdictions where such remedies are available, class action suits are specifically designed to deal with cases involving multiple plaintiffs who have suffered similar harm. This collective approach is particularly suited to environmental cases and other situations where individual legal actions would be impractical or inefficient. Hence, statement C is incorrect.

Statement D: The most obvious use of class action is in the mass disasters of the sort that occurred in Bhopal

Correct. The tragedy in Bhopal, India, where a gas leak resulted in thousands of deaths and continued health issues for many more, is a prime example of a situation where a class action suit is immensely useful. In cases of mass disasters, the affected individuals often face similar harm, making a class action an effective way to seek justice and compensation. Hence, statement D is correct.

Given the analysis above, the correct option is:

Option 1: (A), (B), (D) only

  • Statements A, B, and D are correct as they accurately reflect the utility and applicability of class action suits in environmental cases and situations of mass disaster. Statement C is incorrect because it underestimates the suitability of class action procedures for these types of cases.

Hence, the correct answer is option 1.

Question 17

The geographical indications are distinctive signs or indications which identify any goods as:

(A) Act of unfair competition under Paris convention, 1967

(B) Originating in a specified territory

(C) Stipulate the misleading test guaranteeing a negative right

(D) Specific quality, reputation and characteristics

(E) Essentially attributable to origin

Choose the correct answer from the options given below:

  1. AOption (a)

    (A), (B), (C) only

  2. BOption (b)

    (C), (D), (E) only

  3. COption (c)

    (A), (D), (B) only

  4. DOption (d)

    (B), (D), (E) only

View answer & explanation

Correct answer

Answer: (d)D.

(B), (D), (E) only

Why this answer is correct

Key Points Statement (A): Act of unfair competition under Paris Convention, 1967

  • This statement is incorrect concerning the definition of geographical indications. While the Paris Convention, 1967, does address issues of unfair competition, geographical indications are not merely acts of unfair competition. They are recognized to protect the specific qualities or reputation associated with goods from certain regions.

Statement (B): Originating in a specified territory

  • This statement is correct. Geographical indications are used to denote goods that originate from a particular place. The indication serves as a certification that the goods possess certain qualities, are made according to traditional methods, or enjoy a certain reputation, which is essentially due to their geographical origin.

Statement (C): Stipulate the misleading test guaranteeing a negative right

  • This statement is incorrect in the context of geographical indications. Geographical indications do not stipulate a misleading test; instead, they protect the name of a product coming from a certain region and prevent misuse or imitation, thereby guaranteeing a form of intellectual property right.

Statement (D): Specific quality, reputation and characteristics

  • This statement is correct. Geographical indications signify that the goods come with specific qualities, a reputation, or characteristics that are essentially due to their geographical origin. This is one of the core purposes of having geographical indications.

Statement (E): Essentially attributable to origin

  • This statement is correct. The value and uniqueness of goods protected by geographical indications are essentially attributable to their place of origin. This includes factors like the local environment, the traditional production methods, and the skills of the producers in the area.

Conclusion:

  • Hence, Statements (B), (D), and (E) are correct as they accurately describe the purpose and nature of geographical indications. These indications are meant to signify goods that originate from a specified territory, with specific qualities, reputation, or characteristics that are essentially due to their place of origin.
  • Therefore, the correct answer is option 4: (B), (D), (E) only.

Question 18

Nothing in TRIPS agreement, 1995 shall derogate from the existing obligations prescribed under:

(A) Paris Convention, 1967

(B) Rome Convention, 1961

(C) Berne Convention, 1971

(D) Biodiversity Convention, 1992

(E) Integrated Circuit Treaty, 1989

Choose the correct answer from the options given below:

  1. AOption (a)

    (A), (B), (C), (D) only

  2. BOption (b)

    (B), (C), (D), (E) only

  3. COption (c)

    (A), (B), (C), (E) only

  4. DOption (d)

    (E), (D), (C), (A) only 

View answer & explanation

Correct answer

Answer: (c)C.

(A), (B), (C), (E) only

Why this answer is correct

Key PointsThe TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), established in 1995, is an international legal agreement between all the member nations of the World Trade Organization (WTO). It sets down minimum standards for many forms of intellectual property (IP) regulation as applied to nationals of other WTO Members. Article 2 of the TRIPS Agreement specifies that nothing in Parts I to IV of the agreement shall derogate from existing obligations that members may have to each other under the Paris Convention, the Berne Convention, the Rome Convention and the Treaty on Intellectual Property in respect of integrated circuits.

Statement A (Paris Convention, 1967): The Paris Convention for the Protection of Industrial Property, signed in Paris, France, in 1883, and revised several times, the latest significant revision being in 1967. It deals with patents, trademarks, industrial designs, and utility models. The TRIPS Agreement specifically refers to the Paris Convention and mandates its members to comply with the substantive provisions of the Paris Convention.

  • Hence, Statement A is correct.

Statement B (Rome Convention, 1961): The International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, generally known as the Rome Convention, established standards concerning the rights of performers, producers of phonograms, and broadcasting organizations. While important for IP rights, it is directly mentioned in the TRIPS Agreement in the context of obligations not to be derogated. 

  • Hence, Statement B is incorrect.

Statement C (Berne Convention, 1971): The Berne Convention for the Protection of Literary and Artistic Works, first accepted in Berne, Switzerland, in 1886 and revised in Paris in 1971, is referenced within the TRIPS Agreement. It mandates its members to comply with the substantive provisions of the Berne Convention.

  • Hence, Statement C is correct.

Statement D (Biodiversity Convention, 1992): The Convention on Biological Diversity (CBD) was signed in 1992 and is a comprehensive, international agreement on the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of benefits arising from genetic resources. It is not directly related to the obligations under the TRIPS Agreement.

  • Hence, Statement D is incorrect.

Statement E (Integrated Circuit Treaty, 1989): The Treaty on Intellectual Property in Respect of Integrated Circuits, also known as the Washington Treaty or IPIC Treaty, was concluded in 1989. It is a specialized treaty concerning the protection of intellectual property rights in integrated circuits, also referenced in the TRIPS Agreement.

  • Hence, Statement E is correct.

Given the above analysis, the correct answer is option 3: (A), (B), (C), (E) only.

Question 19

‘Computer network’ means the inter connection of one or more computers of computer systems or communication devices through:‐

(A) The use of satellite, microwave, terrestrial line, wire, wireless or other communication media

(B) A device or collection of devices including input and output support devices

(C) Any electronic, magnetic, optical and other high speed data processing device

(D) All input, out, processing, storage, computer software or communication facilities

(E) Terminal or a complex consisting of two or more interconnected computers or communication device

Choose the correct answer from the options given below:

  1. AOption (a)

    (B) and (C) only 

  2. BOption (b)

    (D) and (C) only

  3. COption (c)

    (E) and (B) only

  4. DOption (d)

    (A) and (E) only 

View answer & explanation

Correct answer

Answer: (d)D.

(A) and (E) only 

Why this answer is correct

Key Points

Statement A: Describes the use of various communication media to interconnect computers or communication devices. This is a fundamental aspect of what constitutes a computer network, as it emphasizes the variety of media through which connectivity and communication can be achieved. Hence, Statement A is correct.

Statement B: Focuses on devices or collections of devices, including input and output support devices. While these are components of a computer network, this description alone does not encompass the broader concept of a computer network, which is about the interconnection of these components rather than the components themselves. Hence, Statement B is incorrect in the context of defining a computer network.

Statement C: Mentions electronic, magnetic, optical, and other high-speed data processing devices. Similar to Statement B, this highlights the types of devices that might be part of a network but does not directly address the interconnectivity aspect that defines a computer network. Hence, Statement C is incorrect in defining a computer network.

Statement D: Refers to all input, output, processing, storage, computer software, or communication facilities. Although these are critical elements of computing environments, the statement does not specifically address the concept of interconnection between computers or devices, which is essential to the definition of a computer network. Thus, Statement D is incorrect.

Statement E: Points to a terminal or a complex consisting of two or more interconnected computers or communication devices. This directly addresses the concept of interconnectivity, which is central to the definition of a computer network. It highlights the essence of what a computer network is - a system of interconnected computers and devices. Hence, Statement E is correct.

Given the analysis above, the correct answer is option 4, which includes Statements A and E. These two statements accurately capture the essence of what constitutes a computer network: the interconnection of computers or communication devices through various communication media.

  • Conclusion: The correct definition of a computer network involves the interconnection of computers or communication devices, which can be achieved through various communication media (Statement A) and involves two or more interconnected computers or communication devices (Statement E). Hence, option 4 (A and E only) is the correct answer.

Question 20

Which of the following statements are correct?

(A) In Canada, the federation was not a voluntary union but was imposed by an Act

(B) In India, the Act of 1935 created autonomous units and forged them into a federation

(C) The American Union was formed by voluntary agreement among a number of sovereign states

(D) Indian constitution has been framed by the States and not by the people of India

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)

    (B), (C) and (D) only 

View answer & explanation

Correct answer

Answer: (a)A.

(A), (B) and (C) only

Why this answer is correct

Key Points

Statement A: In Canada, the federation was not a voluntary union but was imposed by an Act.

Assessment: This statement is correct. The Canadian federation was formed through the Constitution Act (formerly known as the British North America Act) of 1867, which united three colonies into a single country called Canada within the British Empire. The process was involuntary and through the Constitution Act (formerly known as the British North America Act) of 1867

Statement B: In India, the Act of 1935 created autonomous units and forged them into a federation.

Assessment: This statement is correct. The Government of India Act of 1935 provided for the establishment of an All-India Federation consisting of provinces and princely states as units. It was a significant step towards a federal structure, although the federation was never fully implemented.

Statement C: The American Union was formed by voluntary agreement among a number of sovereign states.

Assessment: This statement is correct. The United States was formed through a voluntary union when the thirteen original colonies agreed to unite under the Constitution, replacing the Articles of Confederation. This agreement was made among the states, which considered themselves sovereign entities.

Statement D: Indian constitution has been framed by the States and not by the people of India.

Assessment: This statement is incorrect. The Indian Constitution was framed by the Constituent Assembly, which was comprised of representatives elected by the provincial assemblies, and indirectly by the people of India. The preamble of the Indian Constitution itself begins with "We, the people of India" indicating that the constitution derives its authority from the people of India, not merely from the states.

Conclusion:

  • Statement A is incorrect because the Canadian federation was a result of voluntary negotiations.
  • Statement B is correct as it accurately describes the role of the Government of India Act of 1935 in moving towards a federal structure.
  • Statement C is correct, highlighting the voluntary nature of the American Union's formation.
  • Statement D is incorrect because the Indian Constitution was framed by an assembly representing the people, not solely by the states.

Hence, the correct answer is option 1: (A), (B), and (C) only.

Question 21

Amendment in the American constitution may by proposed by:‐

(A) Congress with a 2/3 majority in both the Houses of Representatives and the Senate

(B) Congress with a 3/4 majority in both the Houses of Representatives and the Senate

(C) Constitutional convention called by two third of State Legislatures

(D) Constitutional convention called by three fourth of State Legislatures

Choose the most appropriate answer from the options given below:

  1. AOption (a)

    (A) and (C) only

  2. BOption (b)

    (B) and (C) only

  3. COption (c)

    (B) and (D) only

  4. DOption (d)

    (A) and (D) only 

View answer & explanation

Correct answer

Answer: (a)A.

(A) and (C) only

Why this answer is correct

Key Points

Statement A: Amendment in the American constitution may be proposed by Congress with a 2/3 majority in both the Houses of Representatives and the Senate.

  • This statement is correct. According to Article V of the U.S. Constitution, an amendment may be proposed either by the Congress, whenever two-thirds of both Houses deem it necessary, or by a convention called for proposing amendments, which, in either case, shall be valid to all intents and purposes as part of the Constitution when ratified by three-fourths of the state legislatures or by conventions in three-fourths thereof.

Statement B: Amendment in the American constitution may be proposed by Congress with a 3/4 majority in both the Houses of Representatives and the Senate.

  • This statement is incorrect. The requirement for Congress to propose an amendment is a two-thirds majority in both houses, not three-fourths.

Statement C: Amendment in the American constitution may be proposed by a constitutional convention called by two-thirds of State Legislatures.

  • This statement is correct. Article V of the U.S. Constitution also allows for the Constitution to be amended through a convention called upon the application of the legislatures of two-thirds of the states.

Statement D: Amendment in the American constitution may be proposed by a constitutional convention called by three-fourths of State Legislatures.

  • This statement is incorrect. The requirement for calling a constitutional convention is two-thirds of the state legislatures, not three-fourths.

Conclusion:

  • Hence, Statement A is correct because it accurately describes one of the processes for proposing amendments to the U.S. Constitution.
  • Statement B is incorrect as it misstates the required majority in Congress to propose an amendment.
  • Statement C is correct as it accurately represents the alternative method for proposing amendments through a convention called by two-thirds of the state legislatures.
  • Statement D is incorrect because it inaccurately states the requirement for calling a constitutional convention.

Solution:

  • The correct answer is option 1, which includes (A) and (C) only. These options correctly outline the two methods for proposing amendments to the American Constitution as outlined in Article V of the Constitution.

Question 22

Given below are two statements: One is labelled Assertion A and the other is labelled as Reasons R. 

Assertion A: Under the companies Act of 2013 Central Government is authroised to implement a facility to file documents in electronic form.

Reason R: Central Government is authorised to make rules to implement this facility and section 398, 401 and 402 have been incorporated in the Act of 2013.

In the light of the above statements, choose the correct answer from the options given below:

  1. AOption (a)

    Both A and R are true and R is the correct explanation of A 

  2. BOption (b)

    Both A and R are true and R is NOT the correct explanation of A 

  3. COption (c)

    A is true but R is false

  4. DOption (d)

    A is false but R is true

View answer & explanation

Correct answer

Answer: (a)A.

Both A and R are true and R is the correct explanation of A 

Why this answer is correct

Key Points

The given statements pertain to the provisions under the Companies Act of 2013 regarding the filing of documents in electronic form by companies. Here’s a detailed explanation of each statement and the relationship between them:

Assertion A: Under the Companies Act of 2013, the Central Government is authorized to implement a facility to file documents in electronic form.

This assertion is true. The Companies Act of 2013 in India allows for the modernization and digitalization of company filings and records maintenance. The Act empowers the Central Government to prescribe the manner of filing documents electronically with the Registrar of Companies (RoC). This move is aimed at ensuring ease of doing business, enhancing transparency, and making the compliance process more efficient.

Reason R: Central Government is authorized to make rules to implement this facility and section 398, 401, and 402 have been incorporated in the Act of 2013.

This reason is also true. The mentioned sections in the Companies Act of 2013 provide the Central Government with the authority to make rules regarding the filing of documents in an electronic format. Specifically:

  • Section 398 empowers the Central Government to prescribe electronic modes of filing.
  • Section 401 gives the Central Government the power to make rules for the electronic maintenance and inspection of documents in the registry.
  • Section 402 deals with the electronic form of applications, declarations, returns, and other documents under the Act.

The relationship between Assertion A and Reason R is that Reason R provides the legal basis and specific sections of the Companies Act that empower the Central Government to implement the facility for filing documents electronically, which is what Assertion A states. Therefore, the reason is not only true but also accurately explains why the assertion is true.

Correct Option:

Given the explanations, the correct option is:

1) Both A and R are true and R is the correct explanation of A

This option is correct because both statements are accurate, and the reason directly explains the basis for the assertion, demonstrating the legal framework that allows the Central Government to authorize and regulate the electronic filing of documents under the Companies Act of 2013.

Question 23

Given below are two statements:

Statement I: No person except the father or mother of a child shall have the capacity to give the child in adoption under the Hindu Adoptions and Maintenance Act 1956.

Statement II: Under the Hindu Adoptions and Maintenance Act 1956, the same child may not be adopted simultaneously by two or more persons

In the light of the above statements, choose the most appropriate answer from the options given below:

  1. AOption (a)

    Both Statement I and Statement II are correct.

  2. BOption (b)

    Both Statement I and Statement II are incorrect. 

  3. COption (c)

    Statement I is correct but Statement II is incorrect

  4. DOption (d)

    Statement I is incorrect but Statement II is correct 

View answer & explanation

Correct answer

Answer: (d)D.

Statement I is incorrect but Statement II is correct 

Why this answer is correct

Key Points

Statement I Analysis: The Hindu Adoptions and Maintenance Act, 1956, does allow for individuals other than the biological parents to adopt a child. This can include guardians or other family members under certain conditions. Therefore, the assertion that only the father or mother of a child can give the child in adoption is not accurate according to the provisions of the Act.

  • Hence, Statement I is incorrect.

Statement II Analysis: The Act clearly stipulates that a single child cannot be adopted by more than one person. The purpose of this provision is to ensure clarity in the legal and familial relationships established through adoption. This is important for the rights and obligations that arise in the context of inheritance, maintenance, and other familial duties.

  • Hence, Statement II is correct.
  • Conclusion:
  • Given the above analysis, the correct option is that Statement I is incorrect but Statement II is correct.
  • Therefore, the correct answer is option 4.

Read the given passage and answer the questions that follow:

Privacy of the individual is an essential aspect of dignity. Dignity has both an intrinsic and instrumental value. As an intrinsic value, human dignity is an entitlement or a constitutionally protected interest in itself. In its instrumental facet, dignity and freedom are inseperably inter-twined, each being a facilitative tool to achieve the other. The ability of the individual to protect a zone of privacy enables the realisation of the full value of life and liberty. Liberty has a broader meaning of which privacy is a subset. All liberties may not be exercised in privacy. Yet others can be fulfilled only within a private space. Privacy enables the individual to retain the autonomy of the body and mind. The autonomy of the individual is the ability to make decisions on vital matters of concern to life. Privacy has not been couched as an independent fundamental right. But that does not detract from the constitutional protection afforded to it, once the true nature of privacy and its relationship with those fundamental rights which are expressly protected is understood. Privacy lies across the spectrum of protected freedoms.

Question 24

The referred paragraph is taken from the judgement of the Supreme Court in  

  1. AOption (a)

    A.D.M. Jabalpur V. S. Shukla

  2. BOption (b)

    Mohini Jain V. State of Karnataka

  3. COption (c)

    Maneka Gandhi V. Union of India

  4. DOption (d)

    Justice K.S. Puttaswami (Retd.) and another V. Union of India and others 

View answer & explanation

Correct answer

Answer: (d)D.

Justice K.S. Puttaswami (Retd.) and another V. Union of India and others 

Why this answer is correct

Key Points

 Justice K.S. Puttaswami (Retd.) and another V. Union of India and others 

The right to privacy of an individual was again brought to the fore by the issuance of Aadhar Cards. Retired Justice Puttaswamy challenged the constitutionality of Aadhar before the Supreme Court by filing a writ petition. The petitioner contended that with regard to all the previous apex court judgements, the Right to Privacy is a fundamental right and the Aadhar procedure violated this right.

The Court in its judgement stressed upon the following points:

It was held that privacy concerns in this day and age of technology can arise from both the state as well as non-state entities and as such, a claim of violation of privacy lies against both of them.

The Court also held that informational privacy in the age of the internet is not an absolute right and when an individual exercises his right to control over his data, it may lead to the violation of his privacy to a considerable extent.

It was also laid down that the ambit of Article 21 is ever-expanding due to the agreement over the years among the Supreme Court judges as a result of which a plethora of rights has been included within Article 21.

Question 25

The referred paragraph is a part of the judgement delivered by: 

  1. AOption (a)

    Justice Chelameshwar

  2. BOption (b)

    Justice D.Y. Chandrachud

  3. COption (c)

    Justice S.A. Bobde

  4. DOption (d)

    Justice F.M. Nariman

View answer & explanation

Correct answer

Answer: (b)B.

Justice D.Y. Chandrachud

Why this answer is correct

Key PointsThe judgement in this landmark case was finally pronounced by a 9-judge bench of the Supreme Court on 24th August 2017 upholding the fundamental right to privacy emanating from Article 21. The court stated that Right to Privacy is an inherent and integral part of Part III of the Constitution that guarantees fundamental rights. The conflict in this area mainly arises between an individual’s right to privacy and the legitimate aim of the government to implement its policies and a balance needs to be maintained while doing the same.

Justice J.S Khehar (CJI), Justice Jasti Chelameswar, Justice D Y Chandrachud, Justice Rohinton Nariman, Justice R K Agarwal, Justice Sanjay Kishan Kaul, Justice A Nazeer, Justice SA Bobde, Justice A M Sapre were the judges in this case. 

And the above para is judgement delivered by Justice D.Y. Chandrachud, who is the present Chief Justice of India.

Question 26

In which of the following case it was held that right to privacy is not protected as a fundamental right under the Constitution? 

  1. AOption (a)

    M.P, Sharma V. Satish Chandra, District Magistrate, Delhi 

  2. BOption (b)

    Govind V. State of M.P.

  3. COption (c)

    R. Rajagopal V. State of Tamil Nadu

  4. DOption (d)

    K.S. Puttaswami V. Union of India

View answer & explanation

Correct answer

Answer: (a)A.

M.P, Sharma V. Satish Chandra, District Magistrate, Delhi 

Why this answer is correct

Key Points The decision given in M.P. Sharma v Satish Chandra, which held that the Right to Privacy is not protected by the Constitution of India, stands over-ruled after the Justice K. S. Puttaswamy (Retd.) V Union of India.

Question 27

In which of the following case it was held that the procedure established by law means the procedure must be just, fair and reasonable?  

  1. AOption (a)

    Kharak Singh V. State of U.P 

  2. BOption (b)

    A.K. Gopalan V. Union of India

  3. COption (c)

    Maneka Gandhi V. Union of India 

  4. DOption (d)

    Govind V. State of M.P. 

View answer & explanation

Correct answer

Answer: (c)C.

Maneka Gandhi V. Union of India 

Why this answer is correct

Key Points

 It was held in Meneka Gandhi v Union of India that the procedure established by law means the procedure must be just, fair and reasonable.

Maneka Gandhi v. Union of India, AIR 1978 SC 597, was a landmark decision of the Supreme Court of India in which the Court significantly expanded the interpretation of Article 21 of the Constitution of India. It overruled A. K. Gopalan v. State of Madras, which had implied the exclusiveness of fundamental rights, and established a relationship between Articles 14, 19, and 21 of the Constitution (known as the 'golden triangle' or 'trinity'), holding that a law depriving a person of 'personal liberty' must not violate any of them.Once again overruling A. K. Gopalan, the Court in this case held that a 'procedure' under Article 21 of the Constitution cannot be arbitrary, unfair, oppressive, or unreasonable

Question 28

Which one of the following statement is correct? 

  1. AOption (a)

    Right to privacy is expressly provided as a fundamental right under the Constitution

  2. BOption (b)

    Right to privacy is protected as a fundamental right under Article 21 of the constitution 

  3. COption (c)

    Right to privacy is not protected as a fundamental right under Article 21of the constitution

  4. DOption (d)

    Article 21 of the constitution protects the life and personal liberty only from executive action

View answer & explanation

Correct answer

Answer: (b)B.

Right to privacy is protected as a fundamental right under Article 21 of the constitution 

Why this answer is correct

Key Points The judgement in this landmark case was finally pronounced by a 9-judge bench of the Supreme Court on 24th August 2017 upholding the fundamental right to privacy emanating from Article 21. The court stated that Right to Privacy is an inherent and integral part of Part III of the Constitution that guarantees fundamental rights. The conflict in this area mainly arises between an individual’s right to privacy and the legitimate aim of the government to implement its policies and a balance needs to be maintained while doing the same.

Question 29

Which of the following is not correct in relation to rights in its various forms and its correlatives? 

  1. AOption (a)

    Right (Strict sense)–Duty

  2. BOption (b)

    Liberty–No right

  3. COption (c)

    Power–Liberty

  4. DOption (d)

    Immunity – Disability 

View answer & explanation

Correct answer

Answer: (c)C.

Power–Liberty

Why this answer is correct

Key Points

Correct Answer Explanation:

The statement in option 3, "Power–Liberty," is not correct in relation to rights and their correlatives. In the context of Hohfeldian legal theory, which is a framework for understanding legal rights and their relationships, "Power" correlates with "Liability," not "Liberty." Power in this sense refers to an individual's ability to alter their own or another's legal rights or duties, whereas liability is the condition of being subject to having one's legal rights or duties altered. Liberty, on the other hand, correlates with "No Right (Duty)" in another's favor regarding the actor's performance of an action, meaning one is free to act because no one else has a right to interfere.

Overview of Other Options (Incorrect Answers):

Option 1: "Right (Strict sense)–Duty" is correct because in legal and moral contexts, a right in the strict sense implies that there is a corresponding duty on others to respect that right. For example, if someone has a right to life, others have a duty not to harm them unjustly.

Option 2: "Liberty–No right" is a slight misrepresentation. The correct correlative pair according to Hohfeld is "Liberty–No Right (Duty)." This implies that if one has a liberty to do something, it means others do not have a right that imposes a duty on the individual to refrain from that action. For example, if one has the liberty to choose their profession, others do not have a right to enforce a duty on the individual to choose a specific profession.

Option 4: "Immunity–Disability" is correct. Immunity, in this context, refers to an individual's protection from having their rights altered by someone else's exercise of power. Disability corresponds to the incapacity to alter or affect another's legal standing or rights. For instance, citizens might have immunity from certain types of legislation, meaning the legislature has a disability in this area—they cannot legally affect these rights.

In summary, the incorrect statement was option 3 because it inaccurately pairs "Power" with "Liberty" instead of the correct correlative "Liability," as per the Hohfeldian framework for understanding the relationships between different types of legal rights and obligations.

Question 30

Under the special powers of Rajya Sabha which of the following resolutions can originate only in Rajya Sabha.

(A) Resolution seeking removal of Vice President

(B) Any resolution seeking creation of one or more all India service

(C) Any resolution seeking legislation on state subject

(D) Introduction of money bills

Choose the correct answer from the options given below:

  1. AOption (a)

    (A) and (B) only 

  2. BOption (b)

    (A) and (C) only

  3. COption (c)

    (D) and (B) only

  4. DOption (d)

    (A), (B), (C) only 

View answer & explanation

Correct answer

Answer: (d)D.

(A), (B), (C) only 

Why this answer is correct

Key Points

Statement A: Resolution seeking removal of Vice President

The Vice President of India can be removed from his/her position by a resolution of the Rajya Sabha passed by an effective majority (majority of all the then members of the Rajya Sabha) and agreed to by the Lok Sabha. Hence, the process for the removal of the Vice President must originate in the Rajya Sabha.

Hence, Statement A is correct.

Statement B: Any resolution seeking creation of one or more all India service

The Rajya Sabha has been given special powers under Article 312 of the Indian Constitution, which allows it to pass a resolution by a two-thirds majority to create new All-India Services. The Lok Sabha does not have this initiating power.

Hence, Statement B is correct.

Statement C: Any resolution seeking legislation on state subject

Normally, the Parliament can make laws on the subjects listed in the Union List, while State Legislatures have the power to make laws on subjects in the State List. However, under certain circumstances, if the Rajya Sabha passes a resolution by a two-thirds majority, the Parliament can make laws on subjects in the State List. This is a special power given to the Rajya Sabha under Article 249 of the Constitution.

Hence, Statement C is correct.

Statement D: Introduction of money bills

Money bills can only be introduced in the Lok Sabha and not in the Rajya Sabha. The Rajya Sabha can recommend amendments to Money Bills but cannot originate or reject them. This is specified under Article 109 of the Constitution.

Hence, Statement D is incorrect.

Conclusion:

Since Statements A, B, and C correctly describe the special powers of the Rajya Sabha, and Statement D is incorrect, the correct answer is option 4, which includes (A), (B), and (C) only.

Therefore, the correct option is 4: (A), (B), (C) only.

Question 31

Besides providing for a functional government and consequential growth in the administrative process, the Constitution has provided elaborate control mechanism so that water may not over‐run beyond banks. This has been ensured in which of the following articles of the Constitution?  

  1. AOption (a)

    Art 32, 226, 227

  2. BOption (b)

    Art 14, 21, and 41

  3. COption (c)

    Art 15, 16 and 17 

  4. DOption (d)

    Art 246, 247, 248

View answer & explanation

Correct answer

Answer: (a)A.

Art 32, 226, 227

Why this answer is correct

Key Points

Correct Answer: Art 32, 226, 227

Explanation of Correct Answer:

Art 32: Often referred to as the "Heart and Soul of the Indian Constitution" by Dr. B.R. Ambedkar, Article 32 provides the right to constitutional remedies which allows individuals to move the Supreme Court (and High Courts under Article 226) for the enforcement of their rights conferred by the Constitution.

Art 226: Empowers the High Courts to issue certain writs for the enforcement of the fundamental rights of citizens or for any other purpose. This article provides a broad scope for the judicial review of legislative and administrative actions of both the state and the center.

Art 227: Confers upon High Courts the power of superintendence over all courts and tribunals within their jurisdictional area, except military courts or tribunals. This ensures that the judiciary has oversight over administrative actions and decisions to prevent excesses and ensure justice.

These articles collectively establish a robust mechanism for checks and balances within the Indian administrative framework, ensuring that executive and legislative actions do not overstep their constitutional boundaries and that individual rights are protected.

Overview of Incorrect Options:

Art 14, 21, and 41:

Art 14: Guarantees equality before the law and equal protection of the laws within the territory of India.

Art 21: Provides protection of life and personal liberty except according to the procedure established by law.

Art 41: Directs the State to make effective provision for securing the right to work, to education, and to public assistance in cases of unemployment, old age, sickness, and disablement.

These articles focus on fundamental rights and directive principles but do not directly address the control mechanism for administrative actions.

Art 15, 16, and 17:

Art 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.

Art 16: Provides for equality of opportunity in matters of public employment.

Art 17: Abolishes "untouchability" and forbids its practice in any form.

These articles are centered around ensuring equality and prohibiting discrimination but do not serve as a control mechanism for the administrative process.

Art 246, 247, 248:

Art 246: Deals with the distribution of legislative powers between the Union and the States.

Art 247: Empowers Parliament to provide for the establishment of certain additional courts.

Art 248: Gives the Parliament exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.

These articles relate to legislative powers and the establishment of courts but do not specifically address the mechanism for controlling administrative processes or overreach.

Question 32

Which of the following is not the principal organ of the United Nations? 

  1. AOption (a)

    General Assembly

  2. BOption (b)

    Economic and Social Council

  3. COption (c)

    International Court of Justice

  4. DOption (d)

    International Human Rights Commission

View answer & explanation

Correct answer

Answer: (d)D.

International Human Rights Commission

Why this answer is correct

Key Points

International Human Rights Commission:

This entity is not one of the principal organs of the United Nations. The confusion may stem from the existence of various human rights bodies within the UN system, such as the Human Rights Council, but none are named the International Human Rights Commission as a principal organ.

General Assembly:

  • This is indeed a principal organ of the United Nations. It serves as a deliberative, policymaking, and representative organ where all 193 Member States have equal representation. It discusses and works on a wide array of international issues covered by the Charter of the United Nations, including peace and security, budgetary concerns, and economic questions.

Economic and Social Council (ECOSOC):

  • ECOSOC is a principal organ of the United Nations, responsible for coordinating the economic, social, and related work of 15 UN specialized agencies, their functional commissions, and five regional commissions. It serves as a central forum for discussing international economic and social issues and formulating policy recommendations addressed to Member States and the United Nations system.

International Court of Justice:

  • Located in The Hague, the Netherlands, the International Court of Justice is the principal judicial organ of the United Nations. It settles legal disputes between states according to international law and gives advisory opinions on international legal issues referred to it by authorized UN organs and specialized agencies.

In summary, the International Human Rights Commission is not a principal organ of the United Nations, whereas the General Assembly, Economic and Social Council, and International Court of Justice are core components of the UN's structure, each playing a unique role in fulfilling the organization's objectives.

Question 33

‘Stalking’ (following a women despite her disinterest, spying, etc) is an offence under: 

  1. AOption (a)

    Section 354 (1)(ii) IPC

  2. BOption (b)

    Section 354 B IPC

  3. COption (c)

    Section 354 A (1) (iii)

  4. DOption (d)

    Section354 D IPC

View answer & explanation

Correct answer

Answer: (d)D.

Section354 D IPC

Why this answer is correct

Key Points

Correct Answer: Section 354D IPC

Explanation of the Correct Answer:

Section 354D of the Indian Penal Code (IPC) specifically deals with the offence of stalking. This section was added to the IPC by the Criminal Law (Amendment) Act, 2013, to address the act of following a woman and contacting, or attempting to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by the woman.

  • Stalking can include monitoring a woman's use of the internet, email, or any other form of electronic communication, which is a punishable offence under this section. The law was introduced to safeguard the privacy and integrity of women against unwanted attention and harassment.

Overview of Incorrect Options:

Option 1: Section 354 (1)(ii) IPC - This is incorrect because there is no specific subsection as 354 (1)(ii) in the IPC that deals with stalking. The IPC sections under 354 deal with different forms of assault or criminal force to woman with intent to outrage her modesty.

Option 2: Section 354B IPC - This section deals with assault or use of criminal force to a woman with intent to disrobe. It is specifically aimed at protecting women from acts that intend to strip them of their clothing or forcefully expose them, which is different from stalking.

Option 3: Section 354A (1) (iii) - Section 354A deals with sexual harassment and punishment for sexual harassment. This includes making sexually coloured remarks, physical contact and advances, or demanding or requesting sexual favours. While it addresses forms of harassment, it does not specifically cover stalking.

In conclusion, Section 354D IPC is the specific legal provision that addresses the offence of stalking, making it distinct from the other sections mentioned, which deal with different forms of crimes against women.

Question 34

“The courts have created new torts by the gradual and sometimes almost imperceptible extension of old tort”, who said the above statement? 

  1. AOption (a)

    Professor Good hart 

  2. BOption (b)

    Sir Frederick Pollock

  3. COption (c)

    Clerk and Lindsell 

  4. DOption (d)

    Salmond

View answer & explanation

Correct answer

Answer: (a)A.

Professor Good hart 

Why this answer is correct

Key Points

Correct Answer: Professor Goodhart

Explanation: Professor A.L. Goodhart, a notable legal scholar, emphasized the evolutionary nature of tort law, suggesting that it expands and adapts over time through the courts' interpretations and applications of existing principles to new scenarios. This viewpoint underscores the dynamic nature of the law, capable of responding to societal changes and emerging challenges without the necessity for legislative intervention.

Conclusion: The statement highlights the adaptability and progressive nature of tort law, reflecting the judiciary's role in its development. It underscores the concept that law is not static but evolves through judicial interpretation and the extension of existing legal principles to address new issues. Professor Goodhart's observation about the development of new torts elucidates the organic growth of law in response to the changing social, economic, and technological landscapes.

Question 35

Mental condition of a wrong doer at the time of wrong doing is:‐ 

  1. AOption (a)

    Relevant in all torts

  2. BOption (b)

    Relevant is torts based on fault

  3. COption (c)

    Relevant in tort based on strict liability 

  4. DOption (d)

    Not relevant at all

View answer & explanation

Correct answer

Answer: (b)B.

Relevant is torts based on fault

Why this answer is correct

Key Points 

The mental condition of a wrongdoer at the time of wrongdoing is:

Option 2: Relevant in torts based on fault

This is correct because the consideration of fault typically involves examining whether the wrongdoer acted with a certain state of mind (e.g., intentionally, recklessly, or negligently) that contributed to the harm. Fault-based torts require proof of a certain mental state to establish liability. In contrast, torts based on strict liability do not consider the wrongdoer's state of mind; liability is established solely based on the fact that a certain action caused harm, regardless of the wrongdoer's intentions or negligence. Therefore, the mental condition of the wrongdoer is specifically relevant in torts that are premised on fault.

Question 36

In case of unascertained goods, the property in goods passes:‐  

  1. AOption (a)

    When goods are ascertained

  2. BOption (b)

    When the parties intend the property in goods to pass

  3. COption (c)

    As soon as the contract of sale is signed

  4. DOption (d)

    After the payment of goods is received by the seller 

View answer & explanation

Correct answer

Answer: (a)A.

When goods are ascertained

Why this answer is correct

The correct answer is Option 1

Key Points

Correct Answer Explanation:

When goods are ascertained: The property in unascertained goods passes to the buyer when the goods become ascertained or are identified in accordance with the agreement after the contract of sale is made. This is because, for the transfer of property in goods to occur, the goods must be clearly identified and agreed upon by both the buyer and the seller.

Question 37

The term private key refers to:‐  

  1. AOption (a)

    Authentication of any electronic record by a subscriber

  2. BOption (b)

    Electronic signature certificate issued under section 35

  3. COption (c)

    Key pair in an asymmetric crypto system

  4. DOption (d)

    Key of key pair used to create a digital signature 

View answer & explanation

Correct answer

Answer: (d)D.

Key of key pair used to create a digital signature 

Why this answer is correct

Key Points

Correct Answer Explanation:

A private key, in the context of asymmetric cryptography, is the key of a key pair that is used to create a digital signature. This key is kept secret by the owner and is used to encrypt data that can only be decrypted by the corresponding public key. The primary purpose of the private key is to ensure the security and integrity of the data, as well as to authenticate the identity of the sender. Hence, the assertion that it refers to the "Key of key pair used to create a digital signature" is accurate.

In summary, a private key's role in creating digital signatures and ensuring secure communication in asymmetric cryptography systems precisely defines its purpose, distinguishing it from the broader or related concepts presented in the other options.

Question 38

Which one of the following is related to Amendment of the U.S. constitution?  

  1. AOption (a)

    Article III 

  2. BOption (b)

    Article IV

  3. COption (c)

    Article V 

  4. DOption (d)

    Article VI

View answer & explanation

Correct answer

Answer: (c)C.

Article V 

Why this answer is correct

Key Points

Correct Answer: Option 3: Article V

Article V provides the process for amending the U.S. Constitution. It outlines two methods for proposing amendments: either by a two-thirds majority vote in both the House of Representatives and the Senate or by a convention called for by two-thirds of the state legislatures. To become effective, any proposed amendments must then be ratified by three-fourths of the states.

Overview of Incorrect Options:

Article III establishes the judicial branch of the federal government. It creates the Supreme Court and allows Congress to establish lower courts. The article also addresses the jurisdiction of these courts and the right to a jury trial. This article is not related to the process of amending the Constitution but rather to the judicial branch and its powers.

Article IV deals with the states. It outlines the responsibilities states have to each other and includes the Full Faith and Credit Clause, the Privileges and Immunities Clause, and provisions for admitting new states and protecting states from invasion. This article focuses on state interactions and the federal structure, not on constitutional amendments.

Article VI establishes the Constitution, federal laws, and treaties as the supreme law of the land, a principle known as the Supremacy Clause. It also requires all officers of the United States and of the states to swear an oath to support the Constitution, but it does not address the amendment process.

Conclusion: Understanding the specific purpose and content of each article within the U.S. Constitution is crucial for grasping the foundational legal framework of the United States. Article V is uniquely important as it provides the mechanism for the Constitution to be amended, ensuring the document can evolve with the changing needs and values of the country.

Question 39

Section 8(1) of the RTI Act provides how many exemptions from the disclosure of information?   

  1. AOption (a)

    7

  2. BOption (b)

    8

  3. COption (c)

    9

  4. DOption (d)

    10

View answer & explanation

Correct answer

Answer: (d)D.

10

Why this answer is correct

Key Points

Correct Answer: 10 exemptions

Explanation: Section 8(1) of the Right to Information (RTI) Act specifies 10 exemptions where information need not be disclosed. These exemptions are designed to protect interests such as national security, personal privacy, and the integrity of the economic and scientific interests of the state, among others.

Overview of Section 8(1) Exemptions:

  • The exemptions include matters of national security, information forbidden by a court of law, information that would impede the process of investigation or apprehension or prosecution of offenders, information that breaches parliamentary privilege, trade secrets or intellectual property, information received in confidence from a foreign government, information that would endanger the life or physical safety of any person, and information that would impede the process of a free and fair competition in business operations. These exemptions are in place to balance the public's right to information with the protection of vital interests.

Question 40

In which of the following cases the duties are not specifically enforced in respect of the act done?

(A) The liability of a borrower to repay a debt barred by statute of limitation

(B) The liability of a borrower to repay the money borrowed by him

(C) To refrain the wrong doer from publication when a libel has already been published

(D) To refrain the wrong doer to continue the commission of a nuisance

Choose the correct answer from the options given below:

  1. AOption (a)

    (A) and (B) only

  2. BOption (b)

    (A) and (C) only

  3. COption (c)

    (B) and (C) only

  4. DOption (d)

    (B) and (D) only 

View answer & explanation

Correct answer

Answer: (b)B.

(A) and (C) only

Why this answer is correct

Key Points

Statement A: The liability of a borrower to repay a debt barred by statute of limitation

This statement refers to a situation where the legal obligation to repay a debt is no longer enforceable because a certain period, defined by the statute of limitations, has passed. After this period, the borrower cannot be legally compelled to repay the debt.

Hence, Statement A is correct because duties or obligations that are barred by the statute of limitations cannot be specifically enforced, as the law recognizes that the creditor had sufficient time to enforce the debt but chose not to.

Statement B: The liability of a borrower to repay the money borrowed by him

This statement pertains to a basic legal obligation where a borrower is required to repay the money they have borrowed. This is a fundamental duty enforceable by law unless specific exceptions apply (such as the statute of limitations mentioned in Statement A).

Hence, Statement B is incorrect because the duty to repay a borrowed sum of money is a specific obligation that can be enforced through legal action, assuming no barring conditions like statute of limitations apply.

Statement C: To refrain the wrongdoer from publication when a libel has already been published

This statement addresses the issue of preventing further damage by stopping the wrongdoer from continuing to publish libelous material after it has already occurred. While damages for the libel already committed can be pursued, preventing future publications through an injunction is also a remedy to minimize further harm.

Hence, Statement C is correct because, in cases of libel, specific enforcement can include injunctions to prevent the wrongdoer from continuing the harmful action (i.e., further publication of libelous material).

Statement D: To refrain the wrongdoer to continue the commission of a nuisance

This statement involves stopping someone from continuing an action that is considered a nuisance. Legal remedies often include injunctions to prevent the continuation of the nuisance, alongside any possible claims for damages caused by the nuisance.

Hence, Statement D is incorrect because duties or obligations related to stopping the commission of a nuisance are specifically enforceable through legal means such as injunctions.

Conclusion:

  • The correct answer is option 2: (A) and (C) only.
  • Statement A is correct because the duty barred by the statute of limitations cannot be specifically enforced.
  • Statement B is incorrect as the obligation to repay borrowed money is enforceable.
  • Statement C is correct because preventing further libelous publications cannot be specifically enforced.
  • Statement D is incorrect as actions to stop a nuisance can also be specifically enforced through legal remedies.

Question 41

Which of the following statements are correct?

(A) The Preamble contains in nutshell ideals and aspirations of the Constitution

(B) The Preamble is the key to open the minds of the Constitution makers

(C) The Preamble to the Constitution of India is solemnly resolved to secure to its citizens justice and equity

(D) The Preamble is not the part of the Constitution

Choose the correct answer from the options given below:

  1. AOption (a)

    (A) and (B) only 

  2. BOption (b)

    (C) and (D) only

  3. COption (c)

    (A) and (C) only

  4. DOption (d)

    (A) and (D) only

View answer & explanation

Correct answer

Answer: (a)A.

(A) and (B) only 

Why this answer is correct

Key PointsStatement (A): The Preamble contains in nutshell ideals and aspirations of the Constitution

This statement is correct. The Preamble to the Constitution of India indeed encapsulates the ideals, aspirations, and values on which the Constitution is built. It reflects the fundamental principles such as justice, liberty, equality, and fraternity.

  • Hence, Statement A is correct.

Statement (B): The Preamble is the key to open the minds of the Constitution makers

This statement is correct. The Preamble serves as a guiding light or a key to understanding the intent and philosophy of the Constitution makers. It provides a glimpse into what the Constitution aims to achieve and the values it intends to uphold.

  • Hence, Statement B is correct.

Statement (C): The Preamble to the Constitution of India is solemnly resolved to secure to its citizens justice and equity

This statement is partially correct but not entirely accurate in wording. The Preamble indeed mentions the resolve to secure to all its citizens justice (social, economic, and political), liberty, equality, and to promote fraternity. However, the exact wording in the statement might seem misleading as "equity" is not directly mentioned, but the essence is to provide justice and equality.

  • Hence, Statement C is somewhat correct but not precisely as per the text of the Preamble.

Statement (D): The Preamble is not the part of the Constitution

This statement is incorrect. The Supreme Court of India, in the Kesavananda Bharati case (1973), recognized the Preamble as an integral part of the Constitution. Though it is not enforceable in a court of law, it plays a crucial role in interpreting the statutes and provisions of the Constitution.

  • Hence, Statement D is incorrect.

Conclusion:

  • The correct answer is option 1, which includes (A) and (B) only.
  • Statement A is correct as it accurately represents the essence and purpose of the Preamble.
  • Statement B is correct as it metaphorically describes the Preamble's role in understanding the Constitution makers' intentions.
  • Statement C is not chosen in the correct option because its wording might lead to some confusion, even though the essence is somewhat captured.
  • Statement D is incorrect as it contradicts the established legal understanding of the Preamble's status within the Constitution.

Question 42

Which of the following statement/statements, is/are correct?

(A) De Jure Recognition is final whereas De‐facto Recognition is provisional

(B) De‐Facto Recognition can be withdrawn but De‐Jure Recognition is irrevocable

(C) De‐Facto Recognition has retrospective operation as exactly as, in the case of De‐Jure recognition

(D) There is no distinction between De‐Jure and de Facto recognition for the purpose of giving effects to the internal acts of the recognised authority

Choose the most appropriate answer from the options given below:

  1. AOption (a)

    (A), (B), (D) only

  2. BOption (b)

    (B), (C), (D) only

  3. COption (c)

    (A), (B), (C) only 

  4. DOption (d)

    (A), (B), (C) and (D) 

View answer & explanation

Correct answer

Answer: (a)A.

(A), (B), (D) only

Why this answer is correct

Key Points

Statement A: De Jure Recognition is final whereas De‐facto Recognition is provisional

This statement is correct. De Jure recognition is a formal acknowledgment by one state that another state exists as a separate and independent entity, with a permanent government, and is capable of fulfilling international obligations. This type of recognition is final and implies a full and permanent diplomatic relationship. On the other hand, De Facto recognition is provisional and acknowledges that an entity controls a territory and a population but may not meet or has not yet been confirmed to meet all the criteria for De Jure recognition.

Statement B: De‐Facto Recognition can be withdrawn but De‐Jure Recognition is irrevocable

This statement is also correct. De Facto recognition can indeed be withdrawn if the recognizing state believes that the entity no longer controls its territory effectively or does not meet other criteria for recognition. De Jure recognition, being a formal and full acknowledgment of statehood or government, is generally considered permanent and irrevocable, barring exceptional circumstances.

Statement C: De‐Facto Recognition has retrospective operation as exactly as, in the case of De‐Jure recognition

This statement is incorrect. The retrospective operation of recognition—meaning recognition affects prior acts of the recognized entity—varies between jurisdictions and is a complex issue in international law. While some argue that both De Jure and De Facto recognitions can have retrospective effects, it is not universally accepted that they operate exactly the same in this regard. The extent of retrospective effect, especially for De Facto recognition, can be more limited or subject to conditions.

Statement D: There is no distinction between De‐Jure and de Facto recognition for the purpose of giving effects to the internal acts of the recognised authority

In the case of Luther v. Sagar, it was held in this case that for the purpose of giving effect to the internal acts of the recognised authority there is no distinction between de facto and de jure.

Conclusion:

  • Hence, Statement A, B and D are correct.

Question 43

Which of the following statement/statements are correct?

(A) ‘Theft’ is defined under section 378 IPC, as the dishonest removal of movable property out of the possession of any person without his consent

(B) In the offence of extortion punishment is upto 3 years under section 384 IPC

(C) The offence of ‘Robbery’ is defined under section 391 IPC

(D) Dacoity is Robbery committed by five or more persons

(E) The punishment for ‘Dacoity’ is prescribed under section 392 IPC

Choose the correct answer from the options given below:

  1. AOption (a)

    (A), (B), (C), (D) only 

  2. BOption (b)

    (A), (B), (D) only

  3. COption (c)

    (D), (E) only

  4. DOption (d)

    (A), (B) only 

View answer & explanation

Correct answer

Answer: (b)B.

(A), (B), (D) only

Why this answer is correct

Key Points

Statement A: ‘Theft’ is indeed defined under section 378 of the Indian Penal Code (IPC) as the dishonest removal of movable property out of the possession of any person without that person's consent. This statement correctly captures the essence of the legal definition of theft in the IPC.

  • Hence, Statement A is correct.

Statement B: The punishment for the offence of extortion is indeed outlined under section 384 of the IPC. The section specifies that whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. This accurately reflects the legal provision regarding the punishment for extortion.

  • Hence, Statement B is correct.

Statement C: The offence of ‘Robbery’ is not defined under section 391 of the IPC. This section clearly does not outlines the conditions under which an act constitutes robbery, integrating elements of theft and extortion under certain circumstances.

  • Hence, Statement C is incorrect.

Statement D: Dacoity is indeed defined as robbery committed by five or more persons. This is a precise reflection of the legal definition provided in the IPC, where the involvement of five or more individuals in such offences categorizes the act as dacoity.

  • Hence, Statement D is correct.

Statement E: The punishment for ‘Dacoity’ is not prescribed under section 392 of the IPC. Instead, section 392 deals with the punishment for robbery. The punishment for dacoity is actually outlined in section 395 of the IPC. Therefore, this statement is inaccurate.

  • Hence, Statement E is incorrect.

Conclusion: Based on the detailed analysis of each statement and the options provided, the correct answer is Option 2: (A), (B), (D) only. This option correctly identifies the accurate legal definitions and provisions regarding theft, extortion, and dacoity in the Indian Penal Code, excluding the inaccurately cited provision for the punishment of dacoity.

Question 44

Which of the following statement/statements is/are correct?

(A) The offence of ‘sedition’ is defined under section 124A of IPC

(B) The supreme court in Kedar Nath Singh V State of Bihar held that section 124A IPC is not unconstitutional

(C) State (N.C.T. of Delhi) V. Navjot Sandhu Afsan Guru is a case related to sedition

(D) Mohd. Arif V State of NCT of Delhi is also known as Mumbai Terror Attack case

(E) Waging or attempt to wage war or abetting waging of war against the Government of India is an offence under section 121 IPC.

Choose the correct answer from the options given below:

  1. AOption (a)

    (A), (B), (C), (D) only

  2. BOption (b)

    (B), (C), (D), (E) only

  3. COption (c)

    (A), (B), (E) only

  4. DOption (d)

    (D), (E) only

View answer & explanation

Correct answer

Answer: (c)C.

(A), (B), (E) only

Why this answer is correct

Key Points

Statement A: The offence of ‘sedition’ is indeed defined under section 124A of the Indian Penal Code (IPC). This section penalizes acts that bring or attempt to bring into hatred or contempt, or excite or attempt to excite disaffection towards the government established by law in India.

  • Hence, Statement A is correct.

Statement B: In the landmark judgment of Kedar Nath Singh vs State of Bihar, the Supreme Court of India held that section 124A of the IPC, which deals with the offence of sedition, is not unconstitutional. The Court opined that this section strikes a balance between fundamental rights and the necessity of preserving public order, making it constitutionally valid so long as it is used judiciously.

  • Hence, Statement B is correct.

Statement C: The case of State (N.C.T. of Delhi) vs Navjot Sandhu Afsan Guru, also known as the Parliament attack case, is not primarily related to the offence of sedition. Instead, it was a case concerning the attack on the Indian Parliament and involved charges like conspiracy to attack the Parliament, murder, and others, but not specifically sedition.

  • Hence, Statement C is incorrect.

Statement D: Mohd. Arif vs State of NCT of Delhi does not refer to the Mumbai Terror Attack case. It is related to the attack on the Red Fort in December 2000. The Mumbai Terror Attack case, also known as the 26/11 Mumbai attack, involved different accused persons and a separate set of legal proceedings.

  • Hence, Statement D is incorrect.

Statement E: Waging or attempting to wage war, or abetting the waging of war against the Government of India, is indeed an offence under section 121 of the IPC. This section specifically deals with the said offences and prescribes punishment for them, distinguishing it from sedition under section 124A, which deals with actions aimed at inciting discontent or rebellion against the government.

  • Hence, Statement E is correct.

Given the analysis above:

  • Statement A is correct.
  • Statement B is correct.
  • Statement C is incorrect.
  • Statement D is incorrect.
  • Statement E is correct.

Therefore, the correct answer is option 3) (A), (B), (E) only.

  • Hence, the correct option is 3.

Question 45

Match List I with List II:

LIST I BooksLIST II Jurists
(A)The Growth of the Law(I)H. Cairns
(B)The Theory of Legal Science(II)Cardozo
(C)An Introduction to the Principles of Morals and Legislation(III)John Rawls
(D)The Law of Peoples(IV)Jeremy Bentham
<br>

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) – (III), (C) – (IV), (D) – (II) 

  4. DOption (d)

    (A) – (II), (B) – (III), (C) – (I), (D) – (IV)

View answer & explanation

Correct answer

Answer: (b)B.

(A) – (II), (B) – (I), (C) – (IV), (D) – (III) 

Why this answer is correct

Key Points

The correct matching of the books with their respective jurists is outlined below in a comprehensive manner:

The Growth of the Law

  • Jurist: Cardozo
  • Explanation: Benjamin N. Cardozo is a renowned jurist known for his contribution to the development of legal principles in the United States. "The Growth of the Law" is one of his seminal works where he discusses the evolution of law and its principles over time. Cardozo's insights into how law adapts to societal changes are foundational to understanding the dynamic nature of legal systems.

The Theory of Legal Science

  • Jurist: H. Cairns
  • Explanation: H. Cairns is less widely recognized compared to others like Cardozo or Bentham but has made significant contributions to legal theory. "The Theory of Legal Science" explores the methodologies and approaches that can be employed in the study of law as a science. Cairns' work is pivotal for understanding the analytical and empirical methods applicable to legal studies.

An Introduction to the Principles of Morals and Legislation

  • Jurist: Jeremy Bentham
  • Explanation: Jeremy Bentham is a foundational figure in the philosophy of law and is known as one of the leading proponents of utilitarianism. His work, "An Introduction to the Principles of Morals and Legislation," lays out the principle that the best laws are those that maximize happiness. Bentham's utilitarian approach to law and legislation has had a lasting impact on legal and ethical theory.

The Law of Peoples

  • Jurist: John Rawls
  • Explanation: John Rawls is a prominent philosopher known for his work in political philosophy and ethics. "The Law of Peoples" extends his earlier work in "A Theory of Justice" to the international arena, discussing how societies can create fair and just laws that govern relations among peoples. Rawls' ideas on justice, fairness, and political liberalism are critical for understanding contemporary debates in legal and political theory.

In summary, each book and its associated jurist bring unique perspectives and foundational concepts to the study of law, from the evolution and adaptation of legal systems (Cardozo), the methodologies of legal science (Cairns), the utilitarian basis for law and legislation (Bentham), to the principles governing fair and just relations among peoples and societies (Rawls).

Question 46

Match List I with List II:  

LIST I Conferences of W.T.O.LIST II Places where held
(A)Third Ministerial Conference of      WTO was held at(I)Hong Kong (China)
(B)Sixth Ministerial Conference of      WTO was held at(II)Seattle (US)
(C)Fourth Ministerial Conference of    WTO was held at(III)Geneva                    (Switzerland)
(D)Seventh Ministerial Conference    of WTO was held at(IV)Doha (Qatar)

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) – (II), (B) – (IV), (C) – (I), (D) – (III)

  4. DOption (d)

    (A) – (IV), (B) – (III), (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

Key PointsTo match the correct conference with its location, let's break down the information provided in each option:

Given the options, let's match them with their correct locations:

  1. (A) Third Ministerial Conference of WTO was actually held in Seattle (US). This is a common mistake; the Third Ministerial Conference (1999) is often confused with another conference, but it indeed took place in Seattle.
  2. (B) Sixth Ministerial Conference of WTO was held in Hong Kong (China). The Sixth Ministerial Conference took place in December 2005, and it was a significant meeting that focused on various trade negotiation rounds.
  3. (C) Fourth Ministerial Conference of WTO took place in Doha (Qatar). The Fourth Ministerial Conference, held in November 2001, is famous for launching the Doha Development Round.
  4. (D) Seventh Ministerial Conference of WTO was in Geneva (Switzerland). The Seventh Ministerial Conference took place in 2009, and Geneva, being the headquarters of WTO, has hosted multiple conferences.

Based on the above matches, let's summarize in a table format for clarity:

Therefore, the correct answer is option 2, which correctly matches each conference with its location:

  • (A) – (II), (B) – (I), (C) – (IV), (D) – (III)

This illustrates the importance of matching each WTO Ministerial Conference with its correct venue, reflecting the global nature of the organization and its meetings.

Question 47

Match List I with List II:

List I (Definitions of)List II (Provisions under Information Technology Act, 2000)
(A)Computer(I)Section 2 (g)
(B)Computer Network(II)Section 2 (k)
(C)Certifying Authority(III)Section 2 (j)
(D)Computer Resource(IV)Section 2 (i)
<br>

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) – (IV), (B) – (III), (C) – (I), (D) – (II)

  4. DOption (d)

    (A) – (III), (B) – (IV), (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

Key Points

The matching of List I (Definitions of) with List II (Provisions under Information Technology Act, 2000) as per the correct option (option 3) is explained comprehensively below:

List I (Definitions of)  List II (Provisions under Information Technology Act, 2000)  Explanation 

(A) Computer  (IV) Section 2 (i) - Section 2(i) of the Information Technology Act, 2000 defines a "Computer" as any electronic, magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network. 

(B) Computer Network (III) Section 2 (j)  - Section 2(j) defines a "Computer Network" as the interconnection of one or more computers or computer systems or communication device through- (i) the use of satellite, microwave, terrestrial line, wire, wireless or other communication media; and (ii) terminals or a complex consisting of two or more interconnected computers or communication device whether or not the interconnection is continuously maintained. 

(C) Certifying Authority (I) Section 2 (g) - Section 2(g) explains a "Certifying Authority" as a person who has been granted a license to issue a Digital Signature Certificate under Section 24. This provision outlines the role and requirements for entities that wish to act as certifying authorities for digital signatures, providing a framework for the authentication of electronic documents. 

(D) Computer Resource (II) Section 2 (k) - Section 2(k) defines "Computer Resource" as a computer, computer system, computer network, data, computer database or software. This broad definition encompasses all elements that could be involved in the computing environment, including both hardware and software components, as well as networks and databases. 

This matching and explanations clarify how each term is defined within the Information Technology Act, 2000, and the specific section that provides these definitions. This act is foundational for understanding and governing the use, security, and legal implications of information technology and digital communications in India.

Question 48

Match List I with List II:

List IList II
(A)Article – V(I)Presidential Election Nov.7, 2012
(B)Article – III(II)Congress on the eve of Presidential Election
(C)Chapter – V(III)The Judicial power in American Supreme Court
(D)Chapter – IV(IV)Amendment of the Constitutions
<br>

Choose the correct answer from the options given below:

  1. AOption (a)

    (A) – (I), (B) – (II), (C) – (IV), (D) – (III) 

  2. BOption (b)

    (A) – (III), (B) – (I), (C) – (IV), (D) – (II)

  3. COption (c)

    (A) – (IV), (B) – (III), (C) – (II), (D) – (I)

  4. DOption (d)

    (A) – (II), (B) – (IV), (C) – (III), (D) – (I)

View answer & explanation

Correct answer

Answer: (c)C.

(A) – (IV), (B) – (III), (C) – (II), (D) – (I)

Why this answer is correct

Key Points

To match and explain each pointer from the given data, we'll break down the information from List I (which references parts of a constitution or governmental structure) and List II (which references specific aspects or functions related to the U.S. political system). The correct option is 3, indicating the matches as follows:

  • (A) – (IV)
  • (B) – (III)
  • (C) – (II)
  • (D) – (I)

Here's a comprehensive explanation for each match:

  1. (A) Article – V- Amendment of the Constitutions

Article V of the U.S. Constitution outlines the process for amending the Constitution. This article explains how amendments can be proposed either by the Congress, through a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention of states called for by two-thirds of the state legislatures.

  • Amendment of the Constitutions directly relates to Article V, as it describes the procedural steps required to modify or add to the U.S. Constitution, making this match correct.
  1. (B) Article – III- The Judicial power in American Supreme Court

Article III establishes the judicial branch of the federal government in the United States, which is vested in one Supreme Court and in such inferior courts as Congress may from time to time ordain and establish.

The Judicial power in American Supreme Court is a direct reference to the powers granted to the Supreme Court by Article III, which includes the court's authority to interpret the law, determine the constitutionality of the law, and apply it to individual cases.

  1. (C) Chapter – V- Congress on the eve of Presidential Election

Chapter V in some contexts could refer to a section of a document or book discussing a specific aspect of governance or political structure. Without a specific reference to a document, this is more difficult to directly correlate. However, based on the matching provided, it's suggested to relate to the legislative activities or context surrounding a presidential election.

Congress on the eve of Presidential Election might discuss the role, actions, or considerations of Congress just before a presidential election, possibly including legislative actions, confirmations, or other preparatory activities. This match is less direct without a specific source document but suggests an exploration of Congress's role or state at a critical political moment.

  1. (D) Chapter – IV- Presidential Election Nov.7, 2012

Chapter IV could similarly refer to a specific section within a broader discussion on governance, possibly detailing electoral processes or historical presidential elections.

Presidential Election Nov.7, 2012 refers to a specific event in American history, the election where President Barack Obama was re-elected for a second term. This match could indicate a detailed examination or case study of this election within a broader discussion of electoral processes or political history.

Each of these matches connects a structural element of the U.S. Constitution or a thematic chapter with a specific aspect or event in U.S. political history or governance, providing insight into how the constitutional framework supports or interacts with political processes and events.

Question 49

Indicate the correct chronological order of years the following cases they were decided:

(A) Case concerning the Temple of Preah Vihear

(B) Frontier Dispute (Burkina Faso V. Mali)

(C) The Caroline case

(D) R.V. Keyn

(E) Chorzow factory (Indemnity) case

Choose the correct answer from the options given below:

  1. AOption (a)

    (A), (B), (C), (D), (E) 

  2. BOption (b)

    (E), (D), (C), (B), (A)

  3. COption (c)

    (C), (D), (E), (A), (B)

  4. DOption (d)

    (B), (C), (D), (E), (A) 

View answer & explanation

Correct answer

Answer: (c)C.

(C), (D), (E), (A), (B)

Why this answer is correct

Key Points

(C) The Caroline case (1837): This case is one of the earliest and most cited in international law, particularly in the context of the use of force and self-defense. It involved a dispute between the United States and Britain over the Caroline, a steamboat used by Canadian rebels, which was destroyed by British forces. This case established the "Caroline test" for self-defense in international law.

(D) R.V. Keyn (1876): Also known as the "Franconia case," this British case was significant for establishing the principle that a nation's criminal law can apply to acts committed on the high seas by foreigners against its nationals. It highlighted issues of jurisdiction and the limits of territorial waters.

(E) Chorzow factory (Indemnity) case (1928): This case was decided by the Permanent Court of International Justice (PCIJ), involving a dispute between Germany and Poland over the Chorzow factory in Silesia. The Court's ruling on reparations and its famous statement that "reparation must, as far as possible, wipe out all the consequences of the illegal act" are pivotal in the law of international responsibility.

(A) Case concerning the Temple of Preah Vihear (1962): Decided by the International Court of Justice (ICJ), this case involved a territorial dispute between Cambodia and Thailand over the Temple of Preah Vihear. The ICJ awarded the temple to Cambodia, based on maps used during the French colonial period, illustrating the importance of treaty interpretation and the role of effective control in territorial disputes.

(B) Frontier Dispute (Burkina Faso v. Mali) (1986): This case was also decided by the ICJ and involved a border dispute between Burkina Faso and Mali. It is notable for the Court's use of the principle of uti possidetis juris, essentially meaning that newly independent states should respect the colonial borders established by their former colonial powers.

Solution Statement:

Hence, the correct chronological order is (C), (D), (E), (A), (B), which matches Option 3. This order accurately reflects the historical sequence in which these significant legal cases and disputes were decided, spanning from the early principles of international law regarding the use of force and jurisdiction, through landmark decisions on territorial disputes and the law of international responsibility.

Question 50

Arrange the provisions of the Indian contract Act 1872 in chronological order (Section wise)

(A) Who are competent to contract

(B) Effect of mistakes as to law

(C) What agreements are contracts

(D) Agreement in restraint of marriage is void

Choose the correct answer from the options given below:‐

  1. AOption (a)

    (C), (A), (D), (B)

  2. BOption (b)

    (A), (C), (B), (D)

  3. COption (c)

    (C), (A), (B), (D)

  4. DOption (d)

    (A), (C), (D), (B)

View answer & explanation

Correct answer

Answer: (c)C.

(C), (A), (B), (D)

Why this answer is correct

Key Points

Here are the provisions given:

Let's break down each option in relation to the sections they correspond to in the Indian Contract Act, 1872:

(C) What agreements are contracts: This is covered in the very beginning of the Act, starting from Section 10 which deals with what agreements are contracts. It lays down that all agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void.

(A) Who are competent to contract: This is detailed in Section 11 of the Act. It states that every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind and is not disqualified from contracting by any law to which he is subject.

(B) Effect of mistakes as to law: This is covered under Section 21 of the Act. It explains that a contract is not voidable because it was caused by a mistake as to any law in force in India; but a mistake as to a law not in force in India has the same effect as a mistake of fact.

(D) Agreement in restraint of marriage is void: This is mentioned in Section 26 of the Act. It declares that every agreement in restraint of the marriage of any person, other than a minor, is void.

Given the above explanations, the provisions in chronological order according to their section numbers in the Indian Contract Act, 1872, are:

  1. (C) What agreements are contracts
  2. (A) Who are competent to contract
  3. (B) Effect of mistakes as to law
  4. (D) Agreement in restraint of marriage is void

Therefore, the correct answer is option 3: (C), (A), (B), (D).

  • Hence, Statement (C) is correct as it is the starting point of contract formation.
  • Statement (A) is correct as it immediately follows, defining the competency of parties to a contract.
  • Statement (B) is correct as it deals with the effect of mistakes on the legality of a contract.
  • Statement (D) is correct as it specifies a particular type of agreement that is void, coming later in the Act.

Question 51

Prof. William Fisher identified four analytical constructs of theories of intellectual property under which of the following sequence?

(A) Personality Theory

(B) Labour Theory

(C) Social Planning Theory

(D) Utilitarian Theory

Choose the correct answer from the options given below:

  1. AOption (a)

    (B), (A), (D), (C)

  2. BOption (b)

    (C), (B), (A), (D)

  3. COption (c)

    (D), (B), (A), (C)

  4. DOption (d)

    (A), (D), (C), (B) 

View answer & explanation

Correct answer

Answer: (c)C.

(D), (B), (A), (C)

Why this answer is correct

Key Points

Statement A (Personality Theory): This theory is centered on the idea that intellectual property rights protect the personal expression of ideas. It is rooted in the belief that creators have a moral right to control and be recognized for their creations. This theory emphasizes the personal connection between creators and their creations.

Statement B (Labour Theory): The Labour Theory argues that individuals who invest their labor into creating something should have the right to control and benefit from their creation. It is based on the principle that the effort and time invested in creating intellectual property justify the granting of exclusive rights to creators.

Statement C (Social Planning Theory): This theory focuses on the role of intellectual property rights in achieving a balanced and equitable distribution of resources and knowledge in society. It supports the idea that intellectual property laws should be designed to promote social welfare and progress by encouraging innovation and the dissemination of knowledge.

Statement D (Utilitarian Theory): The Utilitarian Theory of intellectual property is based on the idea that the primary purpose of intellectual property rights is to promote the greatest overall good or happiness. It advocates for a balance between the rights of creators and the benefits to society, suggesting that laws should incentivize creation but also allow for widespread access to and use of intellectual creations.

Option 3 (D, B, A, C): This sequence correctly reflects Prof. William Fisher's analytical constructs of theories of intellectual property. It starts with the Utilitarian Theory, followed by the Labour Theory, then the Personality Theory, and finally the Social Planning Theory.

Hence, the correct answer is Option 3 (D, B, A, C), making the statement regarding the correct answer true.

Question 52

Given below are two statements:

Assertion A: The rule making power of the Supreme Court for regulating the practice and procedure of the court is not subject to any law made by the Parliament of India

Reason R: Only an impartial and independent judiciary can protect the right of individual without fear or favor

In the light of the above statements, choose the correct answer from the options given below:

  1. AOption (a)

    Both A and R are true and R is the correct explanation of A

  2. BOption (b)

    Both A and R are true and R is NOT the correct explanation of A

  3. COption (c)

    A is true but R is false 

  4. DOption (d)

    A is false but R is true

View answer & explanation

Correct answer

Answer: (d)D.

A is false but R is true

Why this answer is correct

The given assertion (A) and reason (R) statements are as follows:

First, let's analyze the correctness of each statement independently and then examine their relationship.

Assertion A: The rule-making power of the Supreme Court for regulating the practice and procedure of the court is not subject to any law made by the Parliament of India.

The assertion is actually false. The Supreme Court of India, under Article 145 of the Indian Constitution, has the power to make rules regarding its practice and procedure. However, this power is not absolute and is subject to the provisions of any law made by Parliament. This means while the Supreme Court does have significant autonomy in regulating its practices and procedures, this power is exercised within a framework that can be influenced by laws made by Parliament.

Reason R Analysis: Only an impartial and independent judiciary can protect the right of individual without fear or favor.

The reason is true. An impartial and independent judiciary is a cornerstone of a functioning democracy and is essential for the protection of individual rights. Without fear or favor, a judiciary can ensure that laws are applied fairly and that the rights of individuals are protected against arbitrary use of power by the state or other entities. This principle is widely recognized and accepted as a fundamental aspect of the rule of law.

Relationship and Correct Option:

Given the analysis, since A is false and R is true, the correct option is option 4, which states "A is false but R is true."

Rationale Behind the Choice:

The rationale behind choosing option 4 is based on the factual accuracy of the statements. The assertion incorrectly describes the Supreme Court's rule-making power as being completely independent of Parliamentary law, which is not the case according to the Indian Constitution. On the other hand, the reason correctly identifies the importance of an impartial and independent judiciary in protecting individual rights. There is no direct explanatory relationship between the two statements, as the reason does not serve as a justification for the (incorrect) assertion about the Supreme Court's rule-making power. Thus, the correct answer is that the assertion is false, but the reason is true, making option 4 the correct choice.

Question 53

Given below are two statements:

Statement I: Dominant position means position of strength enjoyed by an enterprise in relevant market in India which enables it to opreate independently of operative forces and affects competitors and consumers in its favour.

Statement II: No enterprise shall abuse its dominant position.

In the light of the above statements, choose the correct answer from the options given below:

  1. AOption (a)

    Both Statement I and Statement II are true.

  2. BOption (b)

    Both Statement I and Statement II are false. 

  3. COption (c)

    Statement I is true but Statement II is false

  4. DOption (d)

    Statement I is false but Statement II is true

View answer & explanation

Correct answer

Answer: (a)A.

Both Statement I and Statement II are true.

Why this answer is correct

Key PointsUnderstanding Statement I:

Statement I defines a "dominant position" as a situation where an enterprise possesses such strength in the market that it can operate without much regard for competitive forces. This position allows it to influence market conditions in its favor, impacting both competitors and consumers. This definition accurately reflects the concept of market dominance as understood in the context of competition law. A dominant position is not illegal per se, but it places certain responsibilities on the enterprise to ensure fair competition.

Hence, Statement I is correct.

Understanding Statement II:

  • Statement II asserts that no enterprise should abuse its dominant position. This is a fundamental principle of competition law globally, including in India.
  • The abuse of a dominant position could involve practices like predatory pricing, refusal to deal, exclusive dealing agreements, or imposing unfair purchase or selling prices on consumers.
  • The statement underscores the legal and ethical obligation of dominant firms not to engage in conduct that would harm competition or consumers.

Hence, Statement II is also correct.

Conclusion:

  • Given that both statements accurately reflect principles of competition law concerning the concept of market dominance and the obligations of dominant enterprises, the correct answer is option 1, which states that both Statement I and Statement II are true.
  • Therefore, the correct option is 1: Both Statement I and Statement II are true.

Question 54

According to Pound, law is: 

  1. AOption (a)

    The statement of circumstances in which the public force will be brought to bear upon men through courts

  2. BOption (b)

    A social institution to satisfy social wants

  3. COption (c)

    Aggregate of rules set by men as politically superior or sovereign, to men as politically subject 

  4. DOption (d)

    A crystallized common sense of communities

View answer & explanation

Correct answer

Answer: (b)B.

A social institution to satisfy social wants

Why this answer is correct

Key Points

Correct Answer Explanation:

Law, according to Pound, is seen as a social institution designed to satisfy social wants. This perspective emphasizes the role of law in facilitating social order and addressing the needs and desires of society as a whole. Roscoe Pound, a distinguished legal scholar, advocated for the sociological approach in legal studies, focusing on the law's function within society and its impact on social relations.

Overview of Incorrect Options:

  • Option 1 suggests that law is merely a statement of when public force will be applied through courts. This definition is too narrow as it focuses solely on the enforcement aspect of law, ignoring its roles in guiding behavior, resolving disputes, and reflecting societal values.
  • Option 3 defines law as a set of rules imposed by those in power over their subjects. While this definition captures the authoritative aspect of law, it overlooks the law's purpose in serving society's needs and its potential to embody collective norms and values.
  • Option 4 describes law as a crystallized common sense of communities. This poetic description hints at the normative aspect of law, reflecting community standards and moral judgments. However, it fails to encompass the structured, institutional nature of law and its role in systematically addressing societal wants.

Question 55

The main purpose of corporation sole is:‐  

  1. AOption (a)

    To protect the property of the Government

  2. BOption (b)

    To make the property easily transferable

  3. COption (c)

    To make the property easily inheritable

  4. DOption (d)

    To make continuity of an office 

View answer & explanation

Correct answer

Answer: (d)D.

To make continuity of an office 

Why this answer is correct

Key Points

Correct Answer Explanation:

A corporation sole is a legal entity designed to ensure the continuity of an office. It allows for a single person, usually in a religious or official capacity, to incorporate, thereby enabling the seamless transition of assets, rights, and responsibilities from one officeholder to the next without the need for complex legal processes. This structure is particularly useful for positions like bishops or certain government officials, where continuity and stability are essential. The main purpose is not directly about protecting government property, facilitating transfer or inheritance of property in the usual sense, but ensuring the ongoing existence and operation of an office.

Overview of Incorrect Options:

Option 1 (To protect the property of the Government): While protecting property might be a concern, it is not the primary purpose of a corporation sole. Corporation sole is more about the continuity of an office rather than specifically protecting government property.

Option 2 (To make the property easily transferable): Although a corporation sole can make the transfer of office-related property more straightforward by virtue of its continuous existence, this is a byproduct rather than the main purpose. The primary aim is the continuity of the office, not the ease of property transfer.

Option 3 (To make the property easily inheritable): This option is misleading because it implies personal inheritance, which is not the case with a corporation sole. The concept here is about the legal succession of office, not the inheritance of property by heirs in a familial sense.

Question 56

Vice President of India on expiry of his term:‐  

  1. AOption (a)

    Vacates his office

  2. BOption (b)

    Gets a mandatory extension of 2 months 

  3. COption (c)

    Continues to hold office until successor enters upon office

  4. DOption (d)

    Elects his successor before relinquishing office

View answer & explanation

Correct answer

Answer: (c)C.

Continues to hold office until successor enters upon office

Why this answer is correct

Correct Option Explanation:

The Vice President of India, on expiry of his term, continues to hold office until his successor enters upon office. This is to ensure that there is no vacancy in the office of the Vice President at any time, maintaining a seamless transition and continuity in the functioning of the office.

Overview of Incorrect Options:

Vacates his office:

This option is incorrect because the Vice President does not immediately vacate the office upon the expiry of the term. The provision to continue until the successor takes over ensures there is no gap in the occupancy of the office.

Gets a mandatory extension of 2 months:

This option is incorrect because there is no provision in the Constitution or any law that grants a mandatory extension of 2 months to the Vice President after the expiry of the term. The tenure is fixed, and extensions are not automatically granted.

Elects his successor before relinquishing office:

This option is incorrect because the Vice President does not have the authority to elect his successor. The successor is elected through a process defined by the Constitution of India, involving the members of both Houses of Parliament.

The absence of a fifth option and its analysis is due to the provided data structure, which indicates there were only four options to consider in this scenario.

Question 57

Which of the following groups of Jurists who consider the law as a command of sovereign enforced by a superior political authority and accordingly subscribe to the view that International Law is not law as ‘properly so called’? 

  1. AOption (a)

    Starke, Salmond, Holland 

  2. BOption (b)

    Hart, Starke, Oppenheim 

  3. COption (c)

    Holland, Oppenheim, Hart

  4. DOption (d)

    Hobbes, Pufendorf, Austin 

View answer & explanation

Correct answer

Answer: (d)D.

Hobbes, Pufendorf, Austin 

Why this answer is correct

Correct Answer: Hobbes, Pufendorf, Austin

Thomas Hobbes, Samuel von Pufendorf, and John Austin are classical legal positivists.

They argue that law is essentially a command issued by a sovereign to whom people owe obedience, and it is enforced by the threat of sanction.

According to them, for a rule to be considered law, it must be commanded by a sovereign and be enforceable by a sanction.

They view international law skeptically because it lacks a central authority that enforces its rules, making them consider international law as not law "properly so-called."

Question 58

Motor vehicle Amendment Act of 2019 refer to the earlier Motor vehicle Act of 1988 as:‐  

  1. AOption (a)

    Earlier Act 

  2. BOption (b)

    Old Act

  3. COption (c)

    Adapted Act

  4. DOption (d)

    Principal Act

View answer & explanation

Correct answer

Answer: (d)D.

Principal Act

Why this answer is correct

Key Points

Correct Answer: Principal Act

In legal terminology, when amendments are made to an existing law, the original law is often referred to as the "Principal Act". This denotes the foundational law on which amendments are built. The Motor Vehicle Amendment Act of 2019 amends the Motor Vehicle Act of 1988, hence referring to the latter as the "Principal Act" signifies its status as the original legislation being modified.

Question 59

The validity of contracts formed through electronic means is contained under which section of information technology Act, 2000? 

  1. AOption (a)

    Section 3A 

  2. BOption (b)

    Section 6A 

  3. COption (c)

    Section 7A

  4. DOption (d)

    Section 10A 

View answer & explanation

Correct answer

Answer: (d)D.

Section 10A 

Why this answer is correct

Key Points

Correct Answer Explanation:

Section 10A of the Information Technology Act, 2000:

  • This section explicitly validates contracts formed through electronic means. It clarifies that contracts cannot be deemed unenforceable solely because they were concluded electronically. This provision ensures legal recognition of transactions done via electronic communication, thereby facilitating e-commerce and digital contracts.

Conclusion:

  • Section 10A is the correct reference when discussing the validity of contracts formed through electronic means under the Information Technology Act, 2000. It provides a legal foundation for recognizing and enforcing agreements entered into via electronic communication, which is critical for the growth of e-commerce and digital transactions. The other options mentioned do not pertain to this specific aspect of the law.

Question 60

Which of the following statements are true under the Constitution of India?

(A) Article 61 deals with procedure for impeachment of the President

(B) Art 142 provides that law declared by the supreme court shall be biding on all courts

(C) Article 122 provides that courts shall not inquire into proceedings of Parliament

(D) Art 163 deals with the extent of executive power of State

Choose the correct answer from the options given below:

  1. AOption (a)

    (A),(B) and (C) only

  2. BOption (b)

    (B) and (C) only

  3. COption (c)

    (A) and (C) only

  4. DOption (d)

    (A),(C) and (D) only 

View answer & explanation

Correct answer

Answer: (c)C.

(A) and (C) only

Why this answer is correct

Key Points

Statement (A): Article 61 of the Constitution of India indeed deals with the procedure for the impeachment of the President. It outlines the process by which the President can be removed from office for violation of the Constitution.

  • Hence, Statement (A) is correct.

Statement (B): Article 142 of the Constitution gives the Supreme Court the power to pass any decree or make any order necessary for doing complete justice in any cause or matter pending before it. However, it does not explicitly state that the law declared by the Supreme Court shall be binding on all courts. The principle that the law declared by the Supreme Court is binding on all courts within the territory of India is actually established under Article 141.

  • Hence, Statement (B) is incorrect.

Statement (C): Article 122 of the Constitution of India provides that the courts shall not inquire into the proceedings of Parliament. This article ensures the autonomy of the parliamentary proceedings by preventing judicial intervention in the legislative process, except in cases of constitutional provisions being violated.

  • Hence, Statement (C) is correct.

Statement (D): Article 163 deals with the advice of the Council of Ministers to the Governor and not specifically with the extent of executive power of the State, which is more broadly covered under Article 154 and onwards. Article 163 mandates that there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except where he is required by the Constitution to exercise his functions or any of them in his discretion.

  • Hence, Statement (D) is incorrect.

Given the explanations above:

  • Option 1 (A), (B), and (C) only: This option is incorrect because Statement (B) is incorrect.
  • Option 2 (B) and (C) only: This option is incorrect because it incorrectly includes Statement (B) and excludes the correct Statement (A).
  • Option 3 (A) and (C) only: This option is correct because it correctly identifies Statements (A) and (C) as true, and excludes the incorrect Statements (B) and (D).
  • Option 4 (A), (C), and (D) only: This option is incorrect because it incorrectly includes Statement (D).

The correct answer is option 3, (A) and (C) only.

Question 61

Which of the following statement/statements is/are correct?

(A) On 16th June, 1987 the foreign secretaries of South Asian Regional Countries entered into agreement on Extradition

(B) Hongkong Pact on Extradition with India was entered in the middle of June 1980

(C) India and Germany signed an Extradition Treaty on 27 June, 2001

(D) India and France signed an Extradition Treaty on 24 June, 2002

Choose the most appropriate answer from the options given below:

  1. AOption (a)

    (A), (B), (D) only

  2. BOption (b)

    (B), (C), (D) only 

  3. COption (c)

     (C) only 

  4. DOption (d)

    (A), (B), (C) and (D)

View answer & explanation

Correct answer

Answer: (c)C.

 (C) only 

Why this answer is correct

Key Points

 Statement A: On 16th June, 1987, the foreign secretaries of South Asian Regional Countries entered into an agreement on Extradition.

Evaluation: This statement seems plausible given the context of increasing cooperation among South Asian countries during the late 20th century. However, without specific details on such an agreement being widely recognized or documented, its accuracy is uncertain. Typically, extradition agreements are bilateral rather than regional. Hence, without concrete evidence, this statement's accuracy is questionable.

Statement B: Hongkong Pact on Extradition with India was entered in the middle of June 1980.

Evaluation: This statement is incorrect as there is no widely recognized record of an extradition pact specifically termed the "Hongkong Pact" between Hong Kong and India in June 1980. Extradition agreements are formal international treaties and are well-documented; thus, the absence of any official record or documentation casts doubt on this statement's validity.

Statement C: India and Germany signed an Extradition Treaty on 27 June, 2001.

Evaluation: This statement is correct. India and Germany have an extradition treaty that was indeed signed on 27 June 2001. This agreement facilitates the extradition of fugitives between the two countries, enhancing their legal cooperation against cross-border crimes.

Statement D: India and France signed an Extradition Treaty on 24 June, 2002.

Evaluation: This statement is incorrect. India and France signed an extradition treaty on 2003, which strengthens judicial cooperation between the two nations by allowing for the extradition of individuals accused or convicted of crimes.

Conclusion:

  • Hence, Statement A is uncertain due to the lack of specific evidence or documentation.
  • Statement B is incorrect as there is no record of a "Hongkong Pact" on Extradition with India in June 1980.
  • Statement C is correct, confirming the extradition treaty between India and Germany on 27 June 2001.
  • Statement D is incorrect

Therefore, the correct answer is option 3, which includes Statements (C) only, acknowledging the accuracy of the extradition treaties with Germany and France

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

Question 62

Consumer, Mediation Cell has to hold which of the following documents?

(A) List of empanelled mediators

(B) List of all cases handled by the cell

(C) Records of all proceedings

(D) Information specified by regulations

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)

    (C) and (D) 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

Key Points

Statement (A) List of empanelled mediators: This document is crucial for a Mediation Cell as it provides a record of all mediators that are available and qualified to facilitate the mediation process. It ensures transparency and allows for the selection of appropriate mediators for different cases. Hence, Statement A is correct.

Statement (B) List of all cases handled by the cell: Keeping a detailed list of all cases handled by the Mediation Cell is essential for maintaining records, tracking progress, and evaluating the effectiveness of mediation processes over time. This documentation also aids in accountability and future reference. Hence, Statement B is correct.

Statement (C) Records of all proceedings: Recording the proceedings of each mediation session is fundamental for ensuring that all discussions and agreements are documented. This serves as evidence of what transpired during mediation and is crucial for enforcing agreements and for review in case of disputes. Hence, Statement C is correct.

Statement (D) Information specified by regulations: Mediation Cells are required to adhere to specific regulations that may mandate the documentation of certain information. This can include confidentiality agreements, ethical guidelines, and other regulatory requirements. Keeping such information ensures compliance with legal and ethical standards. Hence, Statement D is correct.

In conclusion, all the statements (A), (B), (C), and (D) are essential documents that a Consumer Mediation Cell must hold to operate effectively, transparently, and in accordance with regulatory requirements. Therefore, the correct answer is option 4: (A), (B), (C) and (D).

Question 63

Match List I with List II:  

LIST I (Definitions of)LIST II (Provisions of Indian Penal Code)
(A)Solitary confinement(I)Section 95        IPC
(B)Act of a child under            seven years    of age(II)Section 93
(C)Communication made in    good faith(III)Section 73        IPC
(D)Act causing slight harm(IV)Section 82        IPC
<br>

Choose the correct answer from the options given below:

  1. AOption (a)

    (A) – (III), (B) – (IV), (C) – (II), (D) – (I)

  2. BOption (b)

    (A) – (I), (B) – (II), (C) – (III), (D) – (IV)

  3. COption (c)

    (A) – (IV), (B) – (II), (C) – (III), (D) – (I)

  4. DOption (d)

    (A) – (II), (B) – (III), (C) – (IV), (D) – (I) 

View answer & explanation

Correct answer

Answer: (a)A.

(A) – (III), (B) – (IV), (C) – (II), (D) – (I)

Why this answer is correct

To match the definitions in List I with the provisions of the Indian Penal Code (IPC) in List II, and provide a comprehensive explanation for each match, we follow the correct option which is option 1. Here's the breakdown in a tabular form:

(A) Solitary confinement  (III) Section 73 IPC  - Section 73 IPC pertains to the limits within which solitary confinement can be awarded as a punishment. It details the conditions and the maximum duration for which solitary confinement can be imposed on a convict. 

(B) Act of a child under seven years of age  (IV) Section 82 IPC  - Section 82 IPC states that nothing is an offense which is done by a child under seven years of age. This provision acknowledges the incapacity of children under seven to form the requisite criminal intent for an offense. 

(C) Communication made in good faith  (II) Section 93 IPC  - Section 93 IPC provides immunity for acts of communication made in good faith. This section protects individuals from criminal liability for any harm resulting from such communications, assuming they were made honestly. 

(D) Act causing slight harm (I) Section 95 IPC - Section 95 IPC deals with acts causing slight harm, stating that no offense is considered if the harm caused is so trivial that no person with ordinary sense and temper would complain about it. This is about minimizing the penalization of negligible offenses. 

This matching and the explanations demonstrate how specific sections of the Indian Penal Code address different legal concepts and provisions, ranging from the treatment of juvenile offenders to the protection of good faith communications and the rationalization of penal consequences for minor harms.

Question 64

Chronologically arrange (Article wise) the following provisions of the Constitution of India:

(A) Special Provisions with respect to the State of Sikkim

(B) Special Provisions with respect to the State of Karnatka

(C) Special Provisions with respect to the State of Manipur

(D) Special Provisions with respect to the State of Nagaland

Choose the correct answer from the options given below:

  1. AOption (a)

    (C), (D), (A), (B)

  2. BOption (b)

    (D), (C), (B), (A)

  3. COption (c)

    (D), (C), (A), (B) 

  4. DOption (d)

    (C), (D), (B), (A) 

View answer & explanation

Correct answer

Answer: (c)C.

(D), (C), (A), (B) 

Why this answer is correct

Key Points

Statement A: Special Provisions with respect to the State of Sikkim are covered under Article 371F of the Indian Constitution. These provisions were added to accommodate the unique socio-political situation of Sikkim when it became a part of India in 1975.

Statement B: Special Provisions with respect to the State of Karnataka are outlined under Article 371J of the Indian Constitution. This provision, which was added much later, focuses on the establishment of a separate development board for the Hyderabad-Karnataka region to ensure equitable allocation of funds and opportunities.

Statement C: Special Provisions with respect to the State of Manipur are detailed under Article 371C of the Indian Constitution. These provisions were put in place to address the unique administrative and governance needs of the hilly regions of Manipur.

Statement D: Special Provisions with respect to the State of Nagaland are encapsulated in Article 371A of the Indian Constitution. This article was designed to protect the rights of the Naga people by allowing the state of Nagaland to have a say in the legislative matters concerning their land and its resources.

Given the above explanations:

The correct chronological arrangement (Article wise) of these provisions is as follows:

  • First: Special Provisions with respect to the State of Nagaland (Article 371A)
  • Second: Special Provisions with respect to the State of Manipur (Article 371C)
  • Third: Special Provisions with respect to the State of Sikkim (Article 371F)
  • Fourth: Special Provisions with respect to the State of Karnataka (Article 371J)

Therefore, the correct option is:

  • Option 3: (D), (C), (A), (B)

Hence, the statement provided in the question is correct.

Question 65

Arrange in chronological order the following judgments on cruelty as a ground of divorce

(A) A. Jaya Chandra V. Aneel Kaur

(B) Naveen Kohli V. Neelu Kohli

(C) Dastane V. Dastane 

(D) Bhagat V. Bhagat

Choose the correct answer from the options given below:

  1. AOption (a)

    (C), (B), (D), (A)

  2. BOption (b)

    (A), (C), (B), (D)

  3. COption (c)

    (C), (D), (A), (B)

  4. DOption (d)

    (D), (C), (A), (B) 

View answer & explanation

Correct answer

Answer: (c)C.

(C), (D), (A), (B)

Why this answer is correct

Key PointsTo solve the given problem and arrive at a comprehensive solution, we will examine each judgment mentioned in the question in chronological order, focusing on their relevance to cruelty as a ground for divorce. This will allow us to determine the correct sequence and hence the correct option.

Dastane v. Dastane (1975): This case is significant as it was one of the early landmark judgments that interpreted mental cruelty as a ground for divorce under Hindu law. The Supreme Court laid down the criteria for what constitutes mental cruelty in matrimonial relationships.

Bhagat v. Bhagat (1994): Also known as Saroj Rani v. Sudarshan Kumar Chadha, in this case, the Supreme Court further elaborated on the concept of cruelty, emphasizing that the cruelty mentioned under the grounds for divorce must be of such a nature as to cause a reasonable apprehension in the mind of the spouse that it would be harmful or injurious for him/her to live with the other spouse.

A. Jaya Chandra v. Aneel Kaur (2005): This case further interpreted the concept of mental cruelty in matrimonial relationships. The Supreme Court held that any sustained unjustifiable conduct and behavior that inflicts mental pain and agony on the spouse can be considered cruelty.

Naveen Kohli v. Neelu Kohli (2006): This landmark judgment by the Supreme Court made it clear that a marriage can be dissolved under Hindu law if one of the spouses proves that living together is impossible due to mental cruelty. This judgment underscored the importance of personal happiness and well-being over the traditional concept of the sanctity of marriage.

Given the chronological order of these cases:

  1. Dastane v. Dastane (1975)
  2. Bhagat v. Bhagat (1994)
  3. A. Jaya Chandra v. Aneel Kaur (2005)
  4. Naveen Kohli v. Neelu Kohli (2006)

Based on the information provided:

  • Option 1: (C), (B), (D), (A) matches the chronological order we've established.
  • Option 2: (A), (C), (B), (D) is incorrect based on the years.
  • Option 3: (C), (D), (A), (B) is incorrect because it does not follow the chronological order.
  • Option 4: (D), (C), (A), (B) is also incorrect because it does not follow the chronological order.

Solution Statement: Hence, the correct answer is option 1, which accurately arranges the judgments in chronological order based on their relevance to cruelty as a ground for divorce.

Question 66

Arrange the following in chronological order

(A) United Nation Conference on the Human Environment

(B) United Nation Conference on Sustainable Development

(C) United Nations Conference on Environment and Development

(D) World Commission on Environment and Development

(E) United Nations Sustainable Development

Choose the correct answer from the options given below:

  1. AOption (a)

    (A), (B), (C), (D), (E)

  2. BOption (b)

    (B), (A), (D), (C), (E) 

  3. COption (c)

    (A), (D), (C), (B), (E) 

  4. DOption (d)

    (E), (D), (B), (C), (A) 

View answer & explanation

Correct answer

Answer: (c)C.

(A), (D), (C), (B), (E) 

Why this answer is correct

Key Points

To solve the question and arrange the events in chronological order, let's look at each of the events mentioned:

(A) United Nations Conference on the Human Environment: This conference took place in 1972 in Stockholm, Sweden. It was the first major international conference on environmental issues and is often referred to as the Stockholm Conference.

(B) United Nations Conference on Sustainable Development: Also known as Rio+20, this conference occurred in 2012 in Rio de Janeiro, Brazil. It marked the 20th anniversary of the first Earth Summit.

(C) United Nations Conference on Environment and Development: Commonly known as the Earth Summit, this pivotal conference was held in 1992, also in Rio de Janeiro, Brazil. It led to the adoption of Agenda 21, a comprehensive plan of action to be taken globally, nationally, and locally by organizations of the United Nations, governments, and major groups in every area in which humans impact the environment.

(D) World Commission on Environment and Development: Established in 1983, this commission is best known for publishing the Brundtland Report in 1987, which introduced the concept of sustainable development.

(E) United Nations Sustainable Development: This is a bit tricky as it's not referring to a specific event like the others, but rather an ongoing effort and commitment by the United Nations. For the sake of chronology, the key milestones here would be the adoption of the Sustainable Development Goals (SDGs) in 2015.

Now, arranging these in chronological order:

1. (A) United Nations Conference on the Human Environment (1972): 
2. (D) World Commission on Environment and Development (1983):
3. (C) United Nations Conference on Environment and Development (1992):
4. (B) United Nations Conference on Sustainable Development (2012):
5. (E) United Nations Sustainable Development (2015):

Hence, the correct chronological order is option 3: (A), (D), (C), (B), (E).

Question 67

“Every man has a property in his own person, he has right to preserve his property, that is, his life, liberty and estate” –––––––––––– is said by: 

  1. AOption (a)

    Bentham 

  2. BOption (b)

    Henry Main

  3. COption (c)

    Locke 

  4. DOption (d)

    Laski

View answer & explanation

Correct answer

Answer: (c)C.

Locke 

Why this answer is correct

Key Points

John Locke said, “Every man has a property in his own person, he has right to preserve his property, that is, his life, liberty and estate.” This quote reflects Locke's philosophy on personal rights and the importance of individual property, including one's own life and freedoms. Locke is a key figure in the development of liberal political philosophy, notably through his influence on the American and French revolutions with his theories on government, property, and individual rights.

Jeremy Bentham, associated with utilitarianism, believed in the greatest happiness principle. His focus was on creating laws and social reforms that maximized happiness for the greatest number of people. Bentham's approach does not directly align with the individualistic notion of property in one's own person as articulated by Locke.

Henry Maine was a comparative jurist and historian, famous for his work on the progression from status to contract as the means by which societies evolve. While Maine's work was influential in understanding the development of legal systems, his focus was not on natural rights or individual property in the same sense as Locke.

Harold Laski was a political theorist and economist known for his advocacy of pluralism and his critique of the state's role in society. Laski's theories often centered around the distribution of power and the importance of democratic institutions, differing from Locke's emphasis on natural rights and property.

In summary, John Locke's emphasis on the natural rights of individuals to life, liberty, and property, as stated in the quote, sets him apart from the other theorists mentioned. Locke's ideas form the foundation of modern liberal democracy and emphasize the protection of individual freedoms and property rights above all.

Question 68

The World Court refused to give its Advisory opinion in which of the following case? 

  1. AOption (a)

    The Genocide Convention case

  2. BOption (b)

    The legality of the use by a State of Nuclear weapons in Armed conflict

  3. COption (c)

    Interpretation of Peace Treaties case

  4. DOption (d)

    Legality of the Threat or use of Nuclear weapons case

View answer & explanation

Correct answer

Answer: (b)B.

The legality of the use by a State of Nuclear weapons in Armed conflict

Why this answer is correct

Key Points

Correct Option: The legality of the use by a State of Nuclear weapons in Armed conflict

Overview of Other Options and Explanation:

The Genocide Convention case: This refers to the advisory opinion requested by the United Nations General Assembly in 1951 regarding the Convention on the Prevention and Punishment of the Crime of Genocide. The International Court of Justice (ICJ) provided its opinion, affirming aspects of the convention's applicability and the obligations of states under it. Thus, this option is incorrect because the ICJ did not refuse to give an advisory opinion in this case.

Interpretation of Peace Treaties case: This involved requests for advisory opinions submitted to the ICJ concerning the interpretation of certain peace treaties. The ICJ provided its opinions, which helped clarify the legal positions and obligations of the parties involved. Therefore, this option is incorrect as the ICJ did give advisory opinions in this context.

Legality of the Threat or use of Nuclear weapons case: In 1996, the ICJ was asked by the United Nations General Assembly to provide an advisory opinion on the legality of the threat or use of nuclear weapons. The Court concluded that the threat or use of nuclear weapons would generally be contrary to the rules of international law applicable in armed conflict, but it could not definitively conclude that the use of nuclear weapons would be illegal in all circumstances. Hence, this option is incorrect because the ICJ did provide an advisory opinion on this matter.

Explanation of Correct Option (The legality of the use by a State of Nuclear weapons in Armed conflict): This statement might be misleading or confused with the 1996 advisory opinion regarding the legality of the threat or use of nuclear weapons. However, the specific phraseology "The legality of the use by a State of Nuclear weapons in Armed conflict" does not directly correspond to an advisory opinion refused by the ICJ, as the 1996 advisory opinion it actually gave was on a closely related but distinct question. The confusion might arise from the intricate nature of the question and the general misunderstanding of the ICJ's 1996 advisory opinion's scope. Therefore, it's essential to clarify that the ICJ has not refused to give an advisory opinion on the broad issues surrounding nuclear weapons in armed conflict but rather provided a nuanced interpretation in 1996. This explanation highlights the complexity and specificity of international legal questions addressed by the ICJ.

Question 69

In which of the following cases the supreme court observed. “There is a thin line between the preparation for and an attempt to commit an offence”? 

  1. AOption (a)

    State of Maharashtra V Mohd.Yakul

  2. BOption (b)

    Abhayanand Mishra V. State of Bihar

  3. COption (c)

    Malkiat Singh V. State of Punjab

  4. DOption (d)

    Om Parkesh V. State of Punjab

View answer & explanation

Correct answer

Answer: (b)B.

Abhayanand Mishra V. State of Bihar

Why this answer is correct

Key Points

Abhayanand Mishra v. State of Bihar:

  • This case is notable for the Supreme Court's observation regarding the fine distinction between the preparation for and an attempt to commit an offense. The court highlighted the legal principle that an attempt to commit a crime is a direct movement towards the commission after preparations are made, indicating a clear intention to commit the crime. This case serves as a pivotal reference in understanding the legal differentiation between mere preparation, which is not punishable for many crimes, and an attempt, which indicates a clear intent and action towards committing the crime and is punishable.

Question 70

In a contract of Guarantee under the Indian Contract Act, 1872 there are:‐ 

  1. AOption (a)

    Two parties and two contracts

  2. BOption (b)

    Three parties and three contracts

  3. COption (c)

    Three parties and one contract 

  4. DOption (d)

    Two parties and one contract

View answer & explanation

Correct answer

Answer: (b)B.

Three parties and three contracts

Why this answer is correct

Key Points

Correct Answer: Three parties and three contracts

Explanation: In a contract of Guarantee under the Indian Contract Act, 1872, there are indeed three parties involved: the principal debtor, the creditor, and the surety or guarantor. This arrangement essentially constitutes three contracts:

  1. The principal contract between the principal debtor and the creditor.
  2. The contract of guarantee between the surety and the creditor, where the surety guarantees the performance of the principal debtor's obligations.
  3. An implied contract between the surety and the principal debtor, where the surety can seek indemnification from the principal debtor if the surety has to fulfill the obligations on behalf of the debtor.

Question 71

Where the money received from a third party by the firm, in ordinary course of business, is misapplied by one of the partners to his own use, then:‐  

  1. AOption (a)

    Defaulting partner alone is liable for the same

  2. BOption (b)

    Third party has no remedy

  3. COption (c)

    Firm is liable for the same 

  4. DOption (d)

    Firm is not liable for the same

View answer & explanation

Correct answer

Answer: (c)C.

Firm is liable for the same 

Why this answer is correct

Key Points

Correct Option Explanation:

Firm is liable for the same. When a partner in a firm misapplies funds received from a third party in the ordinary course of business, the firm as a whole is held liable. This is because the actions of any partner, while acting within the scope of their apparent authority, bind the firm. The misapplication of funds, if done in a manner that appears to be related to the firm's business activities, makes the firm responsible to the third party for the loss.

Question 72

‘Cyber security’ is defined under which section of information technology Act, 2000?  

  1. AOption (a)

    Section 2 (ua) 

  2. BOption (b)

    Section 2 (za) 

  3. COption (c)

    Section 2 (nb)

  4. DOption (d)

    Section 2 (tb)

View answer & explanation

Correct answer

Answer: (c)C.

Section 2 (nb)

Why this answer is correct

Key Points

Correct Answer Explanation:

The term 'Cyber security' is defined under Section 2(nb) of the Information Technology Act, 2000. This section specifically addresses various aspects of cyber security, including the protection of information, devices, and services from unauthorized access, damage, disclosure, or disruption. The importance of this definition lies in its broad application to the digital environment, ensuring legal frameworks can address a wide range of cyber threats and vulnerabilities.

Additional Insight:

The Information Technology Act, 2000, is India's primary law for dealing with cybercrime and electronic commerce. The act not only defines various terms crucial for understanding and prosecuting cybercrimes but also lays down the legal framework for electronic governance and digital transactions. The specific definition of 'Cyber security' under Section 2(nb) reflects the act's comprehensive approach to safeguarding digital spaces against emerging threats.

Question 73

The right to information Act, 2005 explains the meaning of information under:‐  

  1. AOption (a)

    Section 2 (e)

  2. BOption (b)

    Section 2 (f) 

  3. COption (c)

    Section 2 (g) 

  4. DOption (d)

    Section 2 (h) 

View answer & explanation

Correct answer

Answer: (b)B.

Section 2 (f) 

Why this answer is correct

Key Points

Option 2 is correct. Under the Right to Information Act, 2005 (RTI Act, 2005), the meaning of “information” is explained in Section 2(f). This section of the Act is essential because it outlines the scope of what can be requested by citizens from public authorities under the provisions of the RTI Act. Understanding this definition is crucial for both the authorities responsible for providing the information and for citizens seeking information.

Section 2(f) of the Right to Information Act, 2005, defines “information” as: “any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.”

This broad definition encompasses a wide range of material forms, ensuring that the Act covers diverse types of information, from traditional paper records to modern electronic data. It not only includes factual data or records but also opinions, advice, and other forms of communication within public authorities. Additionally, it extends to information related to private bodies that can be accessed by a public authority under existing laws.

The definition under Section 2(f) is critical for the effective implementation of the RTI Act, as it sets the boundaries of what constitutes “information” for the purposes of the Act. It empowers citizens by clarifying the types of information they can request, supporting the Act's objective to promote transparency and accountability in the functioning of the government and public sector organizations.

Question 74

The Lokpal and Lokayukta Act 2013 came in to force in:‐  

  1. AOption (a)

    March 2013

  2. BOption (b)

    February 2013

  3. COption (c)

    January 2014

  4. DOption (d)

    August 2013

View answer & explanation

Correct answer

Answer: (c)C.

January 2014

Why this answer is correct

Dropped question in official answer key. So the option has been modified to fit into correct answer. 

Hint The Lokpal and Lokayuktas Act, 2013, commonly known as The Lokpal Act, is an anti-corruption Act of Indian Parliament in India which "seeks to provide for the establishment of the institution of Lokpal to inquire into allegations of corruption against certain important public functionaries including the Prime Minister, cabinet ministers, members of parliament, Group A officials of the Central Government and for matters connecting them.

The Bill was tabled in the Lok Sabha on 22 December 2011 and was passed by the House on 27 December as The Lokpal and Lokayuktas Bill, 2011. It was subsequently tabled in the Rajya Sabha on 29 December. After a marathon debate that stretched until midnight of the following day, the vote failed to take place for lack of time. On 21 May 2012, it was referred to a Select Committee of the Rajya Sabha for consideration. It was passed in the Rajya Sabha on 17 December 2013 after making certain amendments to the earlier Bill and in the Lok Sabha the next day. It received assent from President Pranab Mukherjee on 1 January 2014 and came into force from 16 January.

Question 75

According to prof. Lon L Fullar:‐

(A) Law is the enterprise of subjecting human conduct to the governance of rules

(B) The morality of law has two aspects, external and internal

(C) External morality is the morality of aspiration, ideas from which it is possible to derive a procedural version of natural law

(D) Internal morality of law is a ‘substantive version of natural law’

Choose the correct answer from the options given below:

  1. AOption (a)

    (A) and (B) only

  2. BOption (b)

    (B),(C) and (D) only

  3. COption (c)

    (A), (C) and (D) only 

  4. DOption (d)

    (A),(B) and (C) only 

View answer & explanation

Correct answer

Answer: (a)A.

(A) and (B) only

Why this answer is correct

Hint

Statement (A): "Law is the enterprise of subjecting human conduct to the governance of rules"

This statement is correct. It encapsulates a fundamental principle of legal theory, which posits that the essence of law is to regulate human behavior through a structured set of rules. This is a widely accepted understanding within legal philosophy, emphasizing law's role in organizing and guiding societal conduct.

Hence, Statement (A) is correct.

Statement (B): "The morality of law has two aspects, external and internal"

This statement is also correct. According to Lon L. Fuller, the morality of law encompasses both external and internal dimensions. The external morality concerns the law's goals and the means by which it achieves these goals, including considerations of justice and fairness. The internal morality of law, on the other hand, relates to the law's coherence, clarity, and consistency, among other procedural virtues that ensure the legal system operates effectively and with integrity.

Hence, Statement (B) is correct.

Statement (C): "External morality is the morality of aspiration, ideas from which it is possible to derive a procedural version of natural law"

This statement is a misinterpretation of Fuller's concept. The external morality of law, according to Fuller, does not directly equate to the morality of aspiration nor does it directly derive a procedural version of natural law. Instead, external morality concerns how well the law achieves socially beneficial outcomes and adheres to principles of justice and fairness. The morality of aspiration is more about the ideals and goals a society strives for, which can influence the content and direction of law but is not synonymous with external morality in Fuller's framework.

Hence, Statement (C) is incorrect.

Statement (D): "Internal morality of law is a ‘substantive version of natural law’"

This statement is incorrect. The internal morality of law, as discussed by Fuller, refers to the procedural aspects that make law function effectively as law. These include principles like clarity, non-retroactivity, and congruence between declared rules and their enforcement. It does not delve into the substantive content of the law (what the law should be about) but rather focuses on how law should be formulated, interpreted, and applied to ensure it is capable of guiding conduct. Thus, it is not accurate to describe it as a substantive version of natural law, which typically concerns the content and moral basis of law.

Hence, Statement (D) is incorrect.

Solution Summary:

Statement (A) is correct as it accurately describes the function of law in governing human conduct through rules.

Statement (B) is correct because it accurately reflects Fuller's view on the dual aspects of legal morality, encompassing both external and internal dimensions.

Statement (C) is incorrect as it misrepresents Fuller's concept of external morality and its relation to the morality of aspiration and procedural natural law.

Statement (D) is incorrect because it mischaracterizes the internal morality of law as being substantive, whereas it is actually concerned with procedural integrity and effectiveness.

Therefore, the correct answer is option 1: (A) and (B) only.

Question 76

Which of the following statements are correct?

(A) Global justice inquires about what justice among human beings consists in.

(B) Global justice inquiries take individual human beings as of primary concern and seek to give an account of what fairness among such agents involves.

(C) In the domain of global justice, theorists seek primarily to define justice between states or nations.

(D) In international justice the nation or state is taken as the central entity of concern and justice among nations or states is the focus.

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)

    (B), (C) and (D) only

View answer & explanation

Correct answer

Answer: (b)B.

(A), (B) and (D) only 

Why this answer is correct

Key Points

Statement A: Global justice inquires about what justice among human beings consists in.

This statement is correct. Global justice is a field that examines the principles of justice that should apply between individuals, regardless of national, territorial, or cultural boundaries. It looks at the ethical implications of globalization and global systems on human lives.

  • Hence, Statement A is correct.

Statement B: Global justice inquiries take individual human beings as of primary concern and seek to give an account of what fairness among such agents involves.

  • This statement is also correct. The focus of global justice is largely on the rights, obligations, and fairness among individual human beings on a global scale, rather than primarily between states or within a single nation-state. It concerns itself with issues like global poverty, human rights, and environmental justice from a perspective that prioritizes individuals.
  • Hence, Statement B is correct.

Statement C: In the domain of global justice, theorists seek primarily to define justice between states or nations.

This statement is incorrect. While justice between states or nations might be a topic within global justice, it is not the primary focus. The main concern of global justice theorists is often the conditions and treatment of individuals worldwide, rather than the relationships between states or nations themselves. This is more accurately a description of international justice, which focuses on relations between states.

  • Hence, Statement C is incorrect.

Statement D: In international justice, the nation or state is taken as the central entity of concern and justice among nations or states is the focus.

  • This statement is correct. International justice is concerned with the rules and principles that govern the behavior and interactions of states. Issues such as war crimes, treaties, and international law fall under this category. The primary concern here is how states behave and are treated in relation to each other.
  • Hence, Statement D is correct.

Given the analysis above, the correct answer is option 2) (A), (B), and (D) only:

  • (A) is correct because it accurately describes the scope of global justice.
  • (B) is correct as it rightly identifies the primary concern of global justice with individual human beings and fairness among them.
  • (C) is incorrect because it mistakenly ascribes the primary focus of global justice to the relationships between states or nations, which is more characteristic of international justice.
  • (D) is correct in distinguishing the focus of international justice on the nation or state as the central entity of concern.

Question 77

Which of the following statement/statements is/are correct?

(A) The offence of abetment is defined under section 107 of IPC

(B) The essential ingredient of “the offence of conspiracy is the agreement to commit an offence

(C) The punishment of criminal conspiracy is given under section 120 IPC

(D) State of Tamil Nadu through Superintendent of Police, CBI/SIT V. Nalini is a case related to offence of Abetment

(E) Abetment in India of offences committed outside of India is punishable under section 108A IPC

Choose the correct answer from the options given below:

  1. AOption (a)

    (A), (B), (C), (D) and (E) 

  2. BOption (b)

    (B), (D), (E) only

  3. COption (c)

    (A), (B), (E) only 

  4. DOption (d)

    (B), (C) only 

View answer & explanation

Correct answer

Answer: (c)C.

(A), (B), (E) only 

Why this answer is correct

Key Points

Statement (A): The offence of abetment is indeed defined under section 107 of the Indian Penal Code (IPC), which describes abetment as the act of instigating, engaging with, or facilitating a crime. Hence, Statement (A) is correct.

Statement (B): The essential ingredient of the offence of conspiracy is indeed the agreement between two or more persons to commit an illegal act or a legal act by illegal means. This is true as per the legal understanding of conspiracy under Indian law, even though the specific section dealing with criminal conspiracy is Section 120A of the IPC, which defines conspiracy, and not the act of committing it. Hence, Statement (B) is correct.

Statement (C): The punishment for criminal conspiracy is not given under Section 120 of the IPC. Instead, Section 120A defines criminal conspiracy, and Section 120B prescribes the punishment for criminal conspiracy. Thus, Statement (C) is incorrect.

Statement (D): The case of State of Tamil Nadu through Superintendent of Police, CBI/SIT v. Nalini is related to the assassination of former Prime Minister Rajiv Gandhi and does not involve the offence of abetment among others. This was a landmark judgment regarding the conspiracy to assassinate Rajiv Gandhi, implying the involvement of abetment. Hence, Statement (D) is incorrect.

Statement (E): Abetment in India of offences committed outside of India is indeed punishable under Section 108A of the IPC. This section extends the scope of abetment to include offences committed outside India by either Indian citizens or persons on ships and aircraft registered in India. Hence, Statement (E) is correct.

Solution Statement: The correct answer is option 3, which includes Statements (A), (B), and (E) as the correct statements. This is because:

  • Abetment is defined under Section 107 of the IPC (Statement A is correct).
  • The essence of conspiracy is the agreement to commit an offence, aligning with the general legal principle, even though the specific sections are 120A for definition and 120B for punishment (Statement B is correct).
  • Abetment of offences committed outside India being punishable under Section 108A of the IPC shows the extraterritorial application of certain provisions of the IPC to ensure justice (Statement E is correct).

Question 78

In determining relevant geographic market, competition commission shall keep in mind which of the following factors?

(A) Regulatory trade barriers and natural procurement policies

(B) Language and local specification requirement

(C) Consumer preference and regular supply and after sale service

(D) Transport and distribution factors

Choose the correct answer from the options given below:

  1. AOption (a)

    (A), (B), (C) only

  2. BOption (b)

    (A), (B), (D) only

  3. COption (c)

    (D), (C), (B) 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

Key Points

In determining the relevant geographic market, the Competition Commission takes into account various factors that influence competition within a specific area. These factors include:

-Regulatory Trade Barriers and Natural Procurement Policies (Statement A): Regulatory trade barriers such as tariffs, quotas, and non-tariff barriers can affect the flow of goods across regions, thus impacting the geographic market. Natural procurement policies, which involve preferences for local suppliers, also play a crucial role in defining the geographic boundaries of a market. Hence, Statement A is correct.

Language and Local Specification Requirement (Statement B): Language barriers and the requirement for local specifications can limit the ability of suppliers from different regions to compete effectively. Products and services might need to be adapted to meet local specifications or to be accessible in the local language, affecting the competition landscape. Therefore, Statement B is correct.

Consumer Preference and Regular Supply and After Sale Service (Statement C): Consumer preferences can vary significantly across different geographic regions, influenced by cultural, social, and economic factors. Additionally, the ability to provide regular supply and efficient after-sales service is critical for sustaining competition. These aspects are essential in determining the geographic market as they directly impact where and how consumers choose to purchase goods and services. Thus, Statement C is correct.

Transport and Distribution Factors (Statement D): The cost and logistics of transportation and distribution can create natural barriers to market entry or expansion. High transportation costs can limit the geographic reach of firms, while efficient distribution networks can enable firms to serve a broader area competitively. These factors are crucial in defining the geographic extent of the market. Therefore, Statement D is correct.

Given the significance of all these factors (A, B, C, and D) in determining the geographic market from a competition perspective, the correct answer is option 4: (A), (B), (C), and (D).

Conclusion: All the factors mentioned are vital considerations for the Competition Commission when defining the relevant geographic market, as they influence the competitive dynamics within specific areas. Therefore, the inclusion of regulatory trade barriers, language and local specification requirements, consumer preferences, and transport and distribution factors is justified in the context of competition analysis. Hence, the correct answer is option 4: (A), (B), (C), and (D).

Question 79

Match List I with List II:

LIST ILIST II
(A)Negligence(I)Ryland V Fletcher
(B)Strict Liability(II)M.C. Mehta V Union of India
(C)Absolute liability(III)Glasgow corporation vs Muir
(D)Nervous shock(IV)Bourhill V Young 
<br>

Choose the correct answer from the options given below:

  1. AOption (a)

    (A) – (II), (B) – (I), (C) – (III), (D) – (IV)

  2. BOption (b)

    (A) – (I), (B) – (III), (C) – (IV), (D) – (II) 

  3. COption (c)

    (A) – (III), (B) – (I), (C) – (II), (D) – (IV)

  4. DOption (d)

    (A) – (III), (B) – (II), (C) – (I), (D) – (IV) 

View answer & explanation

Correct answer

Answer: (c)C.

(A) – (III), (B) – (I), (C) – (II), (D) – (IV)

Why this answer is correct

Key Points

 (A) Negligence  (III) Glasgow corporation vs Muir   - Negligence is a failure to take reasonable care to avoid causing injury or loss to another person. In the case of Glasgow Corporation v. Muir, the House of Lords dealt with the concept of negligence, particularly focusing on what constitutes reasonable care under the circumstances. The decision highlighted the importance of context in determining negligence. 

 (B) Strict Liability  (I) Ryland V Fletcher  - Strict Liability refers to the legal responsibility for damages, or injury, even if the person found strictly liable was not at fault or negligent. Rylands v Fletcher is a foundational case that established the principle of strict liability in English law for the first time. It held that a person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape. 

 (C) Absolute Liability  (II) M.C. Mehta V Union of India  - Absolute Liability is a stricter form of Strict Liability where the defendant is liable for damages caused by their actions or substances released from their premises, regardless of fault or negligence. The case of M.C. Mehta v. Union of India established the principle of absolute liability in India. This was in response to the Oleum gas leak from Shriram Food and Fertilisers Ltd., where the Supreme Court held that enterprises engaged in hazardous or inherently dangerous activities are absolutely liable for harm resulting from such activities and this liability is not subject to any of the exceptions under the rule of Strict Liability. 

 (D) Nervous shock  (IV) Bourhill V Young  - Nervous shock refers to the psychological trauma experienced by a person as a result of witnessing a distressing event. The case Bourhill v Young dealt with the question of whether a person could recover damages for nervous shock caused by witnessing a horrifying accident, in which the court held that the plaintiff, a pregnant woman who heard the sounds of a collision and later saw its aftermath, was not a primary victim and did not have a close relationship with the person injured in the accident, thus was not entitled to damages.

Question 80

Match List I with List II:

LIST ILIST II
(A)Sec.13 of C.P.C.(I)Foreign court
(B)Sec.2(5) of C.P.C.(II)Presumption as to foreign judgements
(C)Sec. 2 (6) of C.P.C.(III)When foreign judgement not conclusive
(D)Sec.14 of C.P.C.(IV)Judgement of a foreign court
<br>

Choose the correct answer from the options given below:

  1. AOption (a)

    (A) – (I), (B) – (II), (C) – (IV), (D) – (III)

  2. BOption (b)

    (A) – (III), (B) – (I), (C) – (IV), (D) – (II) 

  3. COption (c)

    (A) – (III), (B) – (I), (C) – (II), (D) – (IV)

  4. DOption (d)

    (A) – (II), (B) – (IV), (C) – (III), (D) – (I) 

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 (A) – (III), (B) – (I), (C) – (IV), (D) – (II) 

Key Points

To match List I (sections of the Code of Civil Procedure, or C.P.C., in India) with List II (descriptions related to those sections), and explain each match comprehensively:

(A) Sec.13 of C.P.C. (III) When foreign judgement not conclusive  - Sec.13 deals with when a foreign judgment is not conclusive or binding in India. It outlines specific situations under which a foreign judgment would not be enforceable or considered conclusive in Indian courts, such as if it was not pronounced by a competent court or if it was obtained by fraud. 

(B) Sec.2(5) of C.P.C. (I) Foreign court  - Sec.2(5) defines what constitutes a "foreign court" under the C.P.C. It essentially refers to any court situated outside India and not established or continued by the authority of the Central Government, which is recognized by the Central Government as competent to pass a judgment or decree that is executable in India. 

(C) Sec. 2 (6) of C.P.C.  (II) Presumption as to foreign judgements - Sec.2(6) deals with the presumption regarding foreign judgments. It implies that a judgment or decree passed by a foreign court, which is recognized as a competent court, is presumed to be valid and conclusive regarding any matter directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title, except as provided by Section 13. 

(D) Sec.14 of C.P.C. (IV) Judgement of a foreign court - Sec.14 provides for the presumption as to the correctness of the judgment of a foreign court. It essentially states that a document purporting to be a certified copy of a foreign judgment is presumed, upon proper proof, to be a document of that court and to have been duly pronounced or registered by it, unless the contrary appears. This section facilitates the acceptance and enforcement of foreign judgments in India, subject to the conditions and exceptions provided elsewhere in the Code. 

Correct Answer and Explanation:

  • The correct answer is option 2, which correctly matches the sections of the C.P.C. with their respective descriptions as follows:
  • (A) Sec.13 of C.P.C. matched with (III) When foreign judgement not conclusive.
  • (B) Sec.2(5) of C.P.C. matched with (I) Foreign court.
  • (C) Sec. 2 (6) of C.P.C. matched with (II) Presumption as to foreign judgements.
  • (D) Sec.14 of C.P.C. matched with (IV) Judgement of a foreign court.

This matching and explanation highlight the C.P.C.'s approach to dealing with foreign judgments and courts, emphasizing the conditions under which foreign judgments are recognized and enforced within the Indian legal system.

Question 81

Arrange in chronological order the publication of the books on Jurisprudence:

(A) A Practical Treatise of Architectural Jurisprudence by James Elmes

(B) The Spirit of Common Law by Roscoe Pound

(C) World Poverty and Human Rights by Thomas Pogge

(D) Taking Rights Seriously by Ronald Dworkin

(E) The Growth of the Law by Benjamin N. Cardozo

Choose the correct answer from the options given below:

  1. AOption (a)

    (B), (A), (C), (E), (D)

  2. BOption (b)

    (E), (B), (A), (C), (D)

  3. COption (c)

    (A), (B), (E), (D), (C)

  4. DOption (d)

    (B), (A), (E), (C), (D) 

View answer & explanation

Correct answer

Answer: (c)C.

(A), (B), (E), (D), (C)

Why this answer is correct

Key Points

To provide a comprehensive solution for arranging the publication of the books on Jurisprudence in chronological order, we'll evaluate each book and its publication year. The correct sequence is determined by the historical context of each book's publication:

(A) A Practical Treatise of Architectural Jurisprudence by James Elmes was published in 1827. This book is one of the earliest among the options provided, focusing on the legal aspects of architecture.

(B) The Spirit of Common Law by Roscoe Pound was published in 1921. Roscoe Pound was a significant figure in legal philosophy, and this work reflects on the underlying principles of common law, coming after Elmes' publication.

(E) The Growth of the Law by Benjamin N. Cardozo was published in 1924. Benjamin Cardozo, a renowned Justice of the Supreme Court, discusses the evolution of law, positioning this book after Pound's work in terms of publication date.

(D) Taking Rights Seriously by Ronald Dworkin was published in 1977. Dworkin's work is a seminal text in legal philosophy, advocating for the rights-based theory of law, which logically follows after the earlier foundational works.

(C) World Poverty and Human Rights by Thomas Pogge was published in 2002. This book is the most recent among the options, focusing on a contemporary analysis of global justice and human rights.

Based on the publication years:

Statement (A) is correct as it places "A Practical Treatise of Architectural Jurisprudence" first in the chronological order, which is accurate given its 1827 publication date.

Statement (B) is correct in its placement following (A), as "The Spirit of Common Law" was indeed published after Elmes' work, in 1921.

Statement (E) is correct in its sequential placement after (B), with "The Growth of the Law" published in 1924, following the logical progression in the field of jurisprudence.

Statement (D) is correct for placing "Taking Rights Seriously" after (E), aligning with its 1977 publication, which reflects further development in legal thought.

Statement (C) is correct in being placed last, as "World Poverty and Human Rights" is the most recent publication (2002), showcasing the ongoing discourse in jurisprudence.

Hence, the correct answer is option 3, which accurately arranges the books in chronological order of their publication as (A), (B), (E), (D), (C). This sequence reflects the historical and thematic development of jurisprudence over time.

Question 82

The trend towards codification of the British constitution in whole or in part is a movement during the past decade from eminent quarters. Arrange them in chronological order:

(A) Northern Ireland Act

(B) Referendum Act

(C) Scotland Act

(D) European Communities Act

Choose the correct answer from the options given below:

  1. AOption (a)

    (A), (D), (C), (B)

  2. BOption (b)

    (B), (C), (A), (D) 

  3. COption (c)

    (D), (A), (B), (C)

  4. DOption (d)

    (C), (B), (D), (A) 

View answer & explanation

Correct answer

Answer: (c)C.

(D), (A), (B), (C)

Why this answer is correct

Key Points

To determine the correct chronological order of the acts mentioned in the question, let's review each one individually:

(A) Northern Ireland Act: This act refers to several pieces of legislation, but in the context of significant constitutional reform, the Northern Ireland Act 1998 is probably the most relevant, establishing the devolved legislature for Northern Ireland. This act came into effect following the Good Friday Agreement.

(B) Referendum Act: This likely refers to legislation concerning referendums in the UK. The most notable in recent history would be the European Union Referendum Act 2015, which set the provisions for the 2016 referendum on the UK's membership in the EU.

(C) Scotland Act: Similar to the Northern Ireland Act, there are several Scotland Acts. The Scotland Act 1998 is a key piece of legislation that established the Scottish Parliament. There's also the Scotland Act 2016, which followed the 2014 independence referendum, transferring further powers to Scotland.

(D) European Communities Act: This act was passed in 1972, marking the UK's accession to the European Communities, the precursor to the European Union. It was a significant piece of legislation that incorporated EU law into UK domestic law until its repeal by the European Union (Withdrawal) Act 2018.

Given these points, let's arrange them in chronological order:

  1. (D) European Communities Act 1972: This is the earliest act, marking the UK's formal entry into the European Communities.
  2. (A) Northern Ireland Act 1998: Established the devolved legislature for Northern Ireland following the Good Friday Agreement.
  3. (B) Referendum Act (European Union Referendum Act 2015): While "Referendum Act" is a bit vague, the context of recent constitutional changes most directly points to the act enabling the 2016 EU membership referendum.
  4. (C) Scotland Act 2016: Considering the context of recent constitutional codification, the Scotland Act 1998 set up the Scottish Parliament, but the Scotland Act 2016 is also relevant for its post-referendum powers transfer.
  • Hence, the correct chronological order is (D), (A), (B), (C), making option 3 the correct choice.

Solution Statement: The correct answer is option 3, which lists the acts in their chronological order of enactment: (D) European Communities Act, (A) Northern Ireland Act, (B) Referendum Act, and (C) Scotland Act. This order reflects significant steps in the UK's constitutional development, from joining the European Communities to devolving powers to Scotland and Northern Ireland, and addressing membership in the EU through a referendum.

Question 83

Which one of the following Geneva conventions has the provisions on, “The protection of the victims of maritime warfare”?  

  1. AOption (a)

    The Second Geneva Convention, 1949

  2. BOption (b)

    The Third Geneva Convention, 1949

  3. COption (c)

    The Fourth Geneva Convention, 1949 

  4. DOption (d)

    The First Geneva Convention, 1949 

View answer & explanation

Correct answer

Answer: (a)A.

The Second Geneva Convention, 1949

Why this answer is correct

Key Points

Correct Option: 1) The Second Geneva Convention, 1949

Explanation: The Second Geneva Convention of 1949 is specifically focused on the protection of wounded, sick, and shipwrecked military personnel who are at sea during war. This convention aims to extend the protection and care provided to the victims of land warfare (as covered in the First Geneva Convention) to those affected by maritime warfare. It includes provisions for the humane treatment of these individuals, the protection of hospital ships, and specific measures for their rescue and care.

Summary:

The Second Geneva Convention of 1949 is uniquely focused on providing protections and rights to individuals affected by maritime warfare, distinguishing it from the other conventions which deal with prisoners of war, civilian protections, and the wounded and sick on land, respectively.

Question 84

The distinctive features of ‘Rioting’ are an activity which is accompanised by :‐  

  1. AOption (a)

    Use of force and violence

  2. BOption (b)

    Causing alarm

  3. COption (c)

    Violence for a common purpose

  4. DOption (d)

    Use of abusive language 

View answer & explanation

Correct answer

Answer: (a)A.

Use of force and violence

Why this answer is correct

Key Points

Use of force and violence:

This is the correct answer because rioting inherently involves the use of force or violence. It is a disorderly or violent disturbance of the peace by a crowd or mob. The key element that defines rioting is the presence of violence or force as a means to achieve a collective goal or express a collective grievance.

Causing alarm:

While rioting may indeed cause alarm, this option is too broad and not distinctive enough of rioting. Many other actions or situations can cause alarm without being classified as rioting. Therefore, this option does not specifically capture the essence of what constitutes rioting.

Violence for a common purpose:

This option is partially correct in that rioting often involves violence for a common purpose. However, the distinctive feature that defines rioting is not just the common purpose but specifically the use of force or violence. Hence, this choice, while relevant, misses the core element of the use of force or violence as the defining characteristic.

Use of abusive language:

Using abusive language, while potentially a component of riotous behavior, is not a defining feature of rioting. Riots are characterized by their physical violence or force, not by the language used by participants. Abusive language can occur in many contexts that do not meet the criteria for rioting, making this option incorrect.

In summary, the distinctive features of rioting revolve around the use of force or violence, which is why that option is correct. The other options, although they may be associated with rioting, do not capture its essential characteristic as clearly and directly.

Question 85

Which among the following is the most serious offence, and thus severely punishable?  

  1. AOption (a)

    Unlawful Assembly

  2. BOption (b)

    Rioting 

  3. COption (c)

    Affray 

  4. DOption (d)

    Assault 

View answer & explanation

Correct answer

Answer: (b)B.

Rioting 

Why this answer is correct

Key Points

Rioting is considered the most serious offence among the options listed, making it severely punishable. Rioting involves a violent disturbance by a crowd, often with the intent to achieve a particular objective or to express collective discontent. This act can lead to significant harm to people, property, and public order, which is why it is treated with severe penalties under the law.

Unlawful Assembly: This refers to a gathering of people with the intent to commit a crime or carry out some action that is likely to breach the peace. While it is a punishable offence, it is considered less severe than rioting because it may not involve actual violence or damage.

Affray: This involves fighting in a public place that disturbs the peace. Affray is typically seen as a less severe offence compared to rioting because it usually involves fewer people and less potential for widespread harm.

Assault: This is an act that threatens physical harm to a person. Assault can range in severity but is generally considered less serious than rioting because it involves individual actions rather than collective violence.

In summary, rioting is deemed the most severe offence due to its potential for extensive damage and harm, involving large groups and violent actions. The other options, while still punishable, are considered less serious because they involve smaller scales of conflict or potential for harm.

Question 86

Section 53 of Consumer Protection Act of 2019 provides for establishment of National Consumer Disputes Redressal Commission. It is to be known as:‐  

  1. AOption (a)

    National Commission

  2. BOption (b)

    National Council 

  3. COption (c)

    National Dispute Redressal Commission

  4. DOption (d)

    National Dispute Redressal Council 

View answer & explanation

Correct answer

Answer: (a)A.

National Commission

Why this answer is correct

Key Points

Correct Answer: National Commission

Explanation: Section 53 of the Consumer Protection Act, 2019, mandates the establishment of the National Consumer Disputes Redressal Commission, which is to be referred to as the "National Commission." This body is the apex consumer disputes redressal commission in India, tasked with addressing grievances and disputes at a national level, ensuring the protection of consumer rights.

Summary: The Consumer Protection Act, 2019, clearly designates the establishment of the National Consumer Disputes Redressal Commission and refers to it as the "National Commission," making it the correct terminology. Other options deviate from the official naming convention either by misidentifying the body as a council or by inaccurately inserting or omitting words from the official title.

Question 87

Match List I with List II:  

LIST ILIST II
(A)Art 326 of the Constitution(I)Chief Election Commissioner shall act as the chairman of the Election Commission
(B)Art 324 (3) of the Constitution(II)Ban to interference by courts in electoral matters
(C)Art 328 of the Constitution(III)Elections to be on the basis of adult suffrage
(D)Art 329 of the Constitution(IV)Power of Legislature of a State to make provisions with respect to elections to such Legislature

 

Choose the correct answer from the options given below:

  1. AOption (a)

    (A) – (II), (B) – (IV), (C) – (I), (D) – (III)

  2. BOption (b)

    (A) – (III), (B) – (IV), (C) – (I), (D) – (II) 

  3. COption (c)

    (A) – (III), (B) – (I), (C) – (IV), (D) – (II) 

  4. DOption (d)

    (A) – (I), (B) – (II), (C) – (IV), (D) – (III)

View answer & explanation

Correct answer

Answer: (c)C.

(A) – (III), (B) – (I), (C) – (IV), (D) – (II) 

Why this answer is correct

Key Points

Art 326 of the Constitution & Elections to be on the basis of adult suffrage (III):

  • Article 326 of the Indian Constitution guarantees the right to vote to every citizen of India who is not less than 18 years of age and is not otherwise disqualified under the Constitution or any law. This is known as adult suffrage, meaning that the right to vote is not restricted by race, religion, sex, social status, or any other factor other than age and certain conditions of disqualification.

Art 324 (3) of the Constitution & Chief Election Commissioner shall act as the chairman of the Election Commission (I):

  • Article 324 (3) deals with the composition of the Election Commission of India. It stipulates that the Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix. The Chief Election Commissioner acts as the chairman of the Election Commission.

Art 328 of the Constitution & Power of Legislature of a State to make provisions with respect to elections to such Legislature (IV):

  • Article 328 provides the power to the Legislature of a state to make provisions with respect to all matters relating to, or in connection with, the elections to the Legislative Assembly or Legislative Council of the state, including the preparation of electoral rolls and all other matters necessary for securing the due constitution of such bodies.

Art 329 of the Constitution & Ban to interference by courts in electoral matters (II):

  • Article 329 bars courts from questioning the validity of any laws relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under Article 327 or Article 328. This means that once the electoral rolls have been prepared or once the process of election has been set in motion, the courts cannot interfere in electoral matters, ensuring that elections are conducted without judicial interruptions.

These matches connect specific articles of the Indian Constitution with their respective provisions or principles, illustrating the constitutional framework that governs the electoral process in India.

Question 88

Arrange the correct sequence in which the liability for tort will arise for the following:‐

(A) Damages

(B) Breach of duty

(C) Duty to take care

(D) Causation

Choose the correct answer from the options given below:

  1. AOption (a)

    (A), (B), (C), (D) 

  2. BOption (b)

    (B), (C), (A), (D) 

  3. COption (c)

    (C), (B), (D), (A) 

  4. DOption (d)

    (C), (A), (B), (D) 

View answer & explanation

Correct answer

Answer: (c)C.

(C), (B), (D), (A) 

Why this answer is correct

Key PointsTo understand the correct sequence in which liability for tort arises, we must first comprehend each component listed:

(C) Duty to take care: This is the first step in establishing liability for a tort. It refers to the obligation to avoid carelessness that could cause harm to others. Without a duty of care, there cannot be a breach or any resulting damages. Hence, (C) correctly starts the sequence.

(B) Breach of duty: Once a duty of care is established, the next step is to determine if there was a breach of that duty. A breach occurs when one fails to meet the standard of care required in a given situation, acting negligently or failing to act in a way that a reasonably prudent person would. Therefore, (B) correctly follows (C).

(D) Causation: After establishing a breach of duty, it must be proven that this breach caused the harm or damage. Causation links the negligent act to the resultant harm, showing a direct relationship between the breach and the damages. Thus, (D) is appropriately placed after (B).

(A) Damages: Lastly, the actual harm or damage suffered by the claimant must be demonstrated. Damages are the quantifiable losses that result from the defendant's breach of duty and its causation of harm. This is the final element needed to establish liability in tort. So, (A) correctly concludes the sequence.

Based on the above analysis, the correct sequence for establishing liability for tort is:

  1. (C) Duty to take care - Establishing the existence of a duty of care owed by the defendant to the claimant.
  2. (B) Breach of duty - Demonstrating that the defendant breached that duty of care.
  3. (D) Causation - Showing that the breach of duty caused harm or damage.
  4. (A) Damages - Proving the extent of harm or damage suffered as a result.
  • Therefore, the correct option is Option 3 which is (C), (B), (D), (A).
  • Hence, the statement that Option 3 is correct is indeed accurate.

Question 89

Which one of the following is ‘NOT’ a primary source of Muslim Law? 

  1. AOption (a)

    Sunnat 

  2. BOption (b)

    Ijma 

  3. COption (c)

    Urf 

  4. DOption (d)

    Qiyas

View answer & explanation

Correct answer

Answer: (c)C.

Urf 

Why this answer is correct

Key Points

Correct Answer: Urf

Explanation of Correct Answer:

Urf refers to the customs and practices of a given society. While it is considered in Islamic law, especially when there is no clear guidance from the primary sources, it is not itself a primary source of Muslim Law. Urf is used to fill in gaps or to apply the primary sources to new situations in a way that is consistent with the principles of Islam and the welfare of the community. However, its status as a secondary source means that it cannot override clear directives from the primary sources.

Overview of Incorrect Options:

Sunnat: This refers to the sayings, actions, and approvals of the Prophet Muhammad. It serves as a primary source of Islamic law because it provides specific examples and guidance on how to apply the principles laid out in the Quran, which is the foremost source of Islamic law.

Ijma: This is the consensus of the Muslim scholars on a particular legal issue. Ijma is considered a primary source of Islamic law because it reflects a collective agreement of the Muslim community's scholars, ensuring that interpretations and applications of Islamic principles are widely accepted and not based on individual opinions.

Qiyas: This is the process of analogical reasoning where the teachings of the Quran and the Sunnah are applied to new situations that were not directly addressed in these sources. Qiyas allows for the principles of Islamic law to be applied to contemporary issues, making it a primary source of law through the extension of existing rulings to new cases based on shared reasoning.

Question 90

Which of the following statement/statements is/are correct?

(A) When a State is defeated or conquered, all the citizens acquire the Nationality of the conquering State. This is called ‘cession’ mode of gain of nationality.

(B) When a person gets Nationality of a State in place of the Nationality of another State. This is called ‘substitution’ mode of loss of nationality.

(C) The Public Trustee case is related to statelessness.

(D) The General Assembly decided to convene a conference to conclude, a convention on reduction of statelessness in 1961.

Choose the most appropriate answer from the options given below:

  1. AOption (a)

    (B), (C) and (D) only 

  2. BOption (b)

    (A), (B), (C) only

  3. COption (c)

    (A), (C), (D) only

  4. DOption (d)

    (A), (B), (C), (D) only 

View answer & explanation

Correct answer

Answer: (a)A.

(B), (C) and (D) only 

Why this answer is correct

Key Points

Statement (A): When a State is defeated or conquered, not all citizens automatically acquire the nationality of the conquering State. This process oversimplifies the complex legal and practical outcomes of state conquest or cession. The acquisition of nationality in such scenarios is subject to international law, treaties, and the laws of the involved states. Therefore, this statement is incorrect.

Statement (B): The term 'substitution' is not a widely recognized or standard term in the context of the loss of nationality. Typically, when a person acquires the nationality of another state and loses their previous nationality, it is referred to as naturalization in the new state and potentially renunciation or loss of the original nationality, depending on the laws of the respective states. Thus, while the described process is somewhat accurate, the terminology used ('substitution') is not standard, making this statement partially incorrect. However, the essence captures a real phenomenon regarding changes in nationality.

Statement (C): The Public Trustee case (the Stoeck v. Public Trustee case). In 1921, the High Court in England recognised Max Stoeck as stateless and therefore not properly designated an ‘enemy alien’ (13–14). Mr. Stoeck was a businessman in the

UK who formerly held German nationality, but who had failed to naturalise as a British subject. He faced years of internment and confiscation of his property on account of his German nationality but was able to reverse his fortune with a declaration that he was not a German national, but a stateless person. Therefore, this statement is correct.

Statement (D): The General Assembly indeed played a significant role in addressing statelessness, including the adoption of the 1961 Convention on the Reduction of Statelessness, which was aimed at reducing statelessness through agreements on nationality laws and practices. This effort was to ensure that individuals would not be left stateless as a result of gaps or conflicts in nationality laws. Hence, this statement is correct.

Solution:

  • Hence, Statement (A) is incorrect due to oversimplification and inaccurate portrayal of the consequences of state conquest or cession regarding nationality.
  • Statement (B) is partially incorrect because it describes a real change in nationality but uses non-standard terminology ('substitution').
  • Statement (C) is incorrect as it misrepresents the focus of the Public Trustee (Nottebohm) case, which dealt with issues of dual nationality and effective nationality links, not directly with statelessness.
  • Statement (D) is correct, accurately reflecting the UN General Assembly's role in addressing statelessness, particularly through the 1961 Convention.
  • The correct answer is option 1: (B), (C) and (D) only, based on the provided explanations.

Confusion Points The official answer key was not correct so the option has been modified.

Question 91

Match List I with List II:

LIST ILIST II
(A)Section 162 of the Indian contract Act, 1872(I)Pledge by Mercantile Agent
(B)Section 178 of the Indian contract Act 1872(II)Bailor’s duty to disclose faults in goods bailed
(C)Section 214 of the India contract Act, 1872(III)Termination of gratuitous bailment by death
(D)Section 150 of the Indian contract Act, 1872(IV)Agent’s duty to communicate with principal
<br>

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) – (I), (C) – (IV), (D) – (III)

  3. COption (c)

    (A) – (IV), (B) – (II), (C) – (I), (D) – (III)

  4. DOption (d)

    (A) – (III), (B) – (I), (C) – (IV), (D) – (II) 

View answer & explanation

Correct answer

Answer: (d)D.

(A) – (III), (B) – (I), (C) – (IV), (D) – (II) 

Why this answer is correct

Key Points

To match List I with List II and explain each pointer comprehensively, let's break down the correct option (option 4) and provide explanations for each match:

(A) Section 162  (III) Termination of gratuitous bailment by death - Section 162 does directly relate to termination of gratuitous bailment by death. —A gratuitous bailment is terminated by the death either of the bailor or of the bailee.

(B) Section 178 (I) Pledge by Mercantile Agent - Section 178 of the Indian Contract Act, 1872, specifically deals with the pledge of goods by a mercantile agent. It outlines the conditions under which a mercantile agent can pledge goods and the rights conferred upon the pledgee in such transactions. 

(C) Section 214  (IV) Agent’s duty to communicate with principal - It is the duty of an agent, in cases of difficulty,

to use all reasonable diligence in communicating with his principal, and in seeking to obtain his instructions.

(D) Section 150  (II) Bailor’s duty to disclose faults in goods bailed - Section 150 correctly addresses the bailor’s duty to disclose faults in the goods being bailed. It mandates that the bailor must make known to the bailee any faults in the goods bailed of which the bailor is aware, and which materially interfere with the use of them or expose the bailee to extraordinary risks.

Question 92

Indicate the chronological order of the years of the following cases as decided by the Supreme Court:

(A) State of T.N. V. Balkrishna

(B) Mangesh V. State of Maharashtra

(C) Ram Kumar V. State of M.P.

(D) K.M. Nanavati V State of Maharashtra

(E) Mahesh chander V. State of Delhi

Choose the correct answer from the options given below:

  1. AOption (a)

    (A), (B), (C), (D), (E) 

  2. BOption (b)

    (E), (C), (B), (D), (A)

  3. COption (c)

    (D), (A), (B), (C), (E)

  4. DOption (d)

    (C), (D), (A), (B), (C) 

View answer & explanation

Correct answer

Answer: (c)C.

(D), (A), (B), (C), (E)

Why this answer is correct

Key Points

Given the task of arranging Supreme Court cases in chronological order, we examine each option against the historical context of the decisions:

  • Statement A: State of T.N. V. Balkrishna - 1994 Suppl.(3)SCC 204: (1994 AIR SCW 3277) In this case it was held that t a Government servant cannot be deprived of his status as civil servants without his consent.
  • Statement B: Mangesh v. State of Maharashtra, 1997: The facts and circumstances of the case require alteration of conviction of the appellant from Section 302 IPC to Section 304 Part-I IPC and ends of the justice would be met by awarding ten years rigorous imprisonment to the appellant. Ordered accordingly. The appeal is disposed of.
  • Statement C: Ram Kumar V. State of M.P.  1998 CRILJ 952  In this case it was held that asking for divorce by itself cannot be called a provocation for suicide, even if the wife actually committed suicide as a result of such asking. But it is the cruelty and over all atmosphere created by cruelties precedent and antecedent of such demands of divorce which are material and which had an effect of leading this lady to take poison. The meaning of word 'instigate' used to Section 107, IPC, which defines the meaning of the word 'Abets', cannot be restricted to the use of actual words, instigating to commit suicide. It has to be given wider meaning commensurate with the common experiences of life.
  • Statement D: K.M. Nanavati V State of Maharashtra 1964 SC1563 (6) - This is a famous case, known to have occurred in 1959. It provides a reference point for ordering the cases chronologically. The High Court of Bombay found Nanavati guilty of killing Prem Ahuja and sentenced him to life imprisonment. However, the sentence was suspended by the governor of Bombay. Months later, the Supreme Court of India suspended the governor’s order, and Nanavti was sent to prison.
  • Statement E: Mahesh Chander V. State of Delhi CRL Apppeal 262/2010- An adverse inference has been drawn by the courts below on the refusal of the appellant Mahesh Chander to participate in the identification parade.

Therefore, Option 3

(D), (A), (B), (C), (E) is correct.

Question 93

Given below are two statements: one is labelled as Assertion A and the other is labelled as Reasons R.

Assertion A: The right of private defence of body extends to causing of death to the Assailant in case of assault of throwing or administering acid or an attempt to throw or administer acid which may reasonably cause the apprehension that grievous hurt will otherwise be the consequences of such Act.

Reason R: This provision was inserted under clause (7) of section 100 IPC by Act 13 of 2013 in view of increasing cases of acid throwing on the girls and women in India

In the light of the above statements, choose the correct answer from the options given below:

  1. AOption (a)

    Both A and R are correct and R is the correct explanation of A 

  2. BOption (b)

    Both A and R are correct and R is NOT the correct explanation of A

  3. COption (c)

    A is correct but R is not correct

  4. DOption (d)

    A is not correct but R is correct 

View answer & explanation

Correct answer

Answer: (a)A.

Both A and R are correct and R is the correct explanation of A 

Why this answer is correct

The statement in question involves an assertion (A) and a reason (R) related to the right of private defence under Indian Penal Code (IPC), specifically in the context of acid attacks. Here's a breakdown of both:

Assertion (A): The assertion states that the right of private defence of the body extends to causing the death of the assailant in cases of acid attacks or attempts of acid attacks that could reasonably lead to grievous hurt. This is a correct statement under the law. The IPC, specifically section 100, outlines situations where the right of private defence of the body extends to causing death. Among these, it includes acts that cause reasonable apprehension of grievous hurt, which would cover acid attacks given their severe physical and psychological impact.

Reason (R): The reason provided for the inclusion of such a provision is also correct. It mentions that this provision was added to clause (7) of section 100 IPC by Act 13 of 2013, in response to the increasing incidents of acid attacks on girls and women in India. This amendment was part of broader legislative efforts to provide better protection to women and to ensure stricter punishments for offenses like acid attacks, which had become a distressing social issue.

Correct Option:

Given the accuracy and relevance of both the assertion and the reason, as well as the reason directly explaining why the assertion is in place (i.e., to address the issue of acid attacks on women by expanding the scope of self-defence to include such acts), the correct option is:

1) Both A and R are correct and R is the correct explanation of A.

Rationale Behind the Choice:

  • Accuracy of A: The assertion correctly reflects the legal provision under the IPC that allows for lethal self-defence in cases of acid attacks, acknowledging the severity of such attacks.
  • Accuracy of R: The reason accurately states the legislative background and intent behind the amendment to section 100 of the IPC, highlighting the social context (increasing acid attacks on women) that necessitated this legal provision.
  • Direct Explanation: The reason (R) directly explains the assertion (A) by providing the specific legislative context and purpose behind the legal provision mentioned in A. This makes it not just a correct statement on its own but also the correct explanation for A.

Therefore, the detailed relationship between the assertion and the reason, along with the rationale behind choosing option 1, clearly indicates that both statements are correct, and the reason directly explains the assertion, making option 1 the correct choice.

Question 94

Match List I with List II:

LIST ILIST II
(A)National Human Rights Commission(I)Article 338
(B)National Commission for Backward Class(II)State to introduce regulatory regime in the National Interest
(C)National Commission for Minorities(III)Power to recommend payment of compensation
(D)National Commission for Scheduled Caste(IV)Article 338‐B
<br>

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) – (IV), (C) – (II), (D) – (I) 

  3. COption (c)

    (A) – (IV), (B) – (III), (C) – (II), (D) – (I)

  4. DOption (d)

    (A) – (IV), (B) – (II), (C) – (I), (D) – (III) 

View answer & explanation

Correct answer

Answer: (b)B.

(A) – (III), (B) – (IV), (C) – (II), (D) – (I) 

Why this answer is correct

Key Points

To match List I with List II and provide a comprehensive explanation for each pointer, we'll break down the correct matches and then dive into detailed explanations.

(A) National Human Rights Commission - (III) Power to recommend payment of compensation

(B) National Commission for Backward Classes - (IV) Article 338-B

(C) National Commission for Minorities - (II) State to introduce regulatory regime in the National Interest

(D) National Commission for Scheduled Caste - (I) Article 338

(A) National Human Rights Commission - (III) Power to recommend payment of compensation

  • The National Human Rights Commission (NHRC) of India is a statutory public body constituted to protect and promote human rights, defined by the Act as "rights relating to life, liberty, equality, and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants."
  • One of its powers includes recommending payment of compensation to victims or their family members in cases of violation of human rights. This is an essential function as it provides immediate relief to the victims of human rights violations.

(B) National Commission for Backward Classes - (IV) Article 338-B

  • The National Commission for Backward Classes (NCBC) was given a constitutional status through the 123rd constitutional amendment in 2018, which inserted Article 338B into the Constitution of India.
  • Article 338B empowers the NCBC to safeguard the rights of socially and educationally backward classes, and it is tasked with investigating and monitoring how safeguards provided to them under the Constitution and other laws are being implemented.

(C) National Commission for Minorities - (II) State to introduce regulatory regime in the National Interest

  • While the specific mention of "State to introduce regulatory regime in the National Interest" is not directly associated with the National Commission for Minorities in the constitutional or legal texts, the commission plays a critical role in ensuring that minorities' rights are protected without any discrimination.
  • The commission's role indirectly involves advocating for policies and regulations that safeguard the interests of minority communities within the national framework, ensuring that these communities are not left out of the developmental process and national integration.

(D) National Commission for Scheduled Caste - (I) Article 338

  • The National Commission for Scheduled Castes (NCSC) is directly related to Article 338 of the Indian Constitution.
  • Article 338 establishes the NCSC and outlines its duties, which include investigating and monitoring all matters relating to the safeguards provided for the Scheduled Castes under the Constitution or any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards.

Each commission or body mentioned plays a pivotal role in protecting and promoting the rights of various sections of Indian society. They operate under the constitutional and legal framework to ensure justice, equality, and dignity for all individuals, especially those belonging to vulnerable and marginalized groups.

Question 95

State Emergency or President Rule under Article 356 can be imposed in a State by the President for a maximum period of:‐  

  1. AOption (a)

    3 years

  2. BOption (b)

    2 years extendable by 1 year

  3. COption (c)

    6 months

  4. DOption (d)

    1 year

View answer & explanation

Correct answer

Answer: (a)A.

3 years

Why this answer is correct

Key Points

Correct Answer: 3 years

Explanation: Under Article 356 of the Indian Constitution, the President can impose President's Rule (also known as State Emergency) in any state of India if he/she perceives that the state government cannot be carried on in accordance with the provisions of the Constitution. Initially, President's Rule can be imposed for a period of six months. However, it can be extended with the approval of both houses of Parliament for a maximum period of three years. This extension is subject to conditions; after the initial one year, President's Rule can only be extended every six months if a National Emergency is in operation in the whole of India or any part of the state, or the Election Commission certifies that elections cannot be conducted in the state.

Conclusion: The provision for the imposition of President's Rule under Article 356 is a critical tool for ensuring that governance in a state can continue in accordance with the Constitution of India. The maximum period of three years is designed to provide ample time for the restoration of normalcy and the conduct of free and fair elections, ensuring the democratic process is upheld.

Read the passage carefully and answer the questions that follow:

The acceptance of international law as law poses the problem of explaining its binding force, and this in turn raises questions as to the authority of all law. Some writers have sought to demonstrate the binding character of international law from its derivation from natural law. But we have seen that natural law is nothing more than morality and that the existence of moral rules is no guarantee of the existence of corresponding legal rules. Such an argument shows at most that the rules of international law are morally binding, not that they are legally binding. Moreover, many legal rules are morally indifferent; morality may demand the existence of some rule without specifying what that rule should be. Such is the case in municipal law with regard to the formalities required for wills, contracts and conveyances; and in international law with some of the rules regarding title to territory and the limits of jurisdiction. The binding force of such rules can hardly be attributed to any moral characteristic.

Question 96

According to Austin, the positive law has following three attributes:  

  1. AOption (a)

    Command, Sovereign, Obedience

  2. BOption (b)

    Command, Sovereign, Sanction

  3. COption (c)

    Command, Obedience, Sanction

  4. DOption (d)

    Sovereign, Obedience, Sanction 

View answer & explanation

Correct answer

Answer: (b)B.

Command, Sovereign, Sanction

Why this answer is correct

Key Points 

John Austin, a legal philosopher, outlined three key attributes of positive law:

Command: Positive law is characterized by the issuance of commands by a sovereign authority. These commands dictate what individuals and entities within a society must or must not do. The commands are backed by the threat of sanctions or punishment for non-compliance.

Sanction: Positive law is supported by a system of sanctions or penalties for disobedience. These sanctions can range from fines to imprisonment, depending on the severity of the violation and the legal system in question. Sanctions serve to enforce compliance with the commands issued by the sovereign authority.

Sovereign Authority: Positive law derives its legitimacy from a recognized sovereign authority within a particular jurisdiction. This sovereign authority possesses the ultimate power to create and enforce laws within its territory. This could be a monarch, a democratic government, or any other entity recognized as the supreme authority within a given legal system.

These attributes form the basis of Austin's theory of positive law, which emphasizes the central role of sovereign authority in creating and enforcing legal norms within a society.

Question 97

Which one of the following statements is not correct? 

  1. AOption (a)

    Starke and Kelsen contend that there is both legislation and law enforcement in international law 

  2. BOption (b)

    According to Starke, legislation being provided by multilateral treaties in international law

  3. COption (c)

    According to Kelsen, sanctions are provided by the right of self‐help and war in international law

  4. DOption (d)

    Treaties and self‐help can qualify as legislation and law‐enforcement in a positivist sense

View answer & explanation

Correct answer

Answer: (d)D.

Treaties and self‐help can qualify as legislation and law‐enforcement in a positivist sense

Why this answer is correct

Key Points

The statement that is not correct is:

option 4) Treaties and self‐help can qualify as legislation and law‐enforcement in a positivist sense.

This is because, according to positivism, treaties are generally seen as sources of law rather than legislation, and self-help is not typically considered as a form of law enforcement in the traditional sense.

Question 98

Who defines law ‘as a body of rules for human conduct within a community, which by common consent of this community shall be enforced by external power? 

  1. AOption (a)

    Oppenheim

  2. BOption (b)

    Austin

  3. COption (c)

    Bentham

  4. DOption (d)

    Friedman

View answer & explanation

Correct answer

Answer: (a)A.

Oppenheim

Why this answer is correct

Key Points The correct answer is option 1)Oppenheim , a prominent legal theorist, defined law as "a body of rules for human conduct within a community, which by common consent of this community shall be enforced by external power."

Question 99

Which one of the following statements is not correct? 

  1. AOption (a)

    Hart’s analysis of law suggests that international law consists of legal rules forming not a system but a set of rules.

  2. BOption (b)

    The absence in international law of any basic rules of recognition prevents its being unified into a system

  3. COption (c)

    International law remains a mere set of separate rules

  4. DOption (d)

    Many of the rules of international law rest on treaty, not on custom

View answer & explanation

Correct answer

Answer: (d)D.

Many of the rules of international law rest on treaty, not on custom

Why this answer is correct

Key Points

The correct answer is option 4.

Option 4 states: "Many of the rules of international law rest on treaty, not on custom." This statement is actually incorrect. Many rules of international law are indeed derived from treaties or agreements between states rather while also relying on customary practices.

Question 100

The view that international law consisted of the precepts dictated to States by natural law was advanced by:  

  1. AOption (a)

    Kelsen

  2. BOption (b)

    Vattel

  3. COption (c)

    HLA Hart

  4. DOption (d)

    Salmond

View answer & explanation

Correct answer

Answer: (b)B.

Vattel

Why this answer is correct

Key Points 

The view that international law consists of precepts dictated to States by natural law was indeed advanced by Emer de Vattel, a Swiss jurist. Vattel's work, particularly his influential book "The Law of Nations" (1758), expressed the idea that there were fundamental principles inherent in nature that governed the behavior of nations in their interactions with each other. According to Vattel, these principles were not merely man-made conventions or agreements but were rooted in natural law, which he believed applied universally to all states.

100 questions in the full paper