Previous Year Paper

UGC NET Paper 2: Law 25th June 2025 Shift 2 (Previous Year Paper)

Held in 2025

100 questions120 minutes
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Question 1

What is the guiding principle of inheritance under Mitakshara?

  1. AOption (a)

    Religious efficacy

  2. BOption (b)

    Capacity to perform religious obligations

  3. COption (c)

    Doctrine of sapinda relationship

  4. DOption (d)

    Capacity to offer religious obligations

View answer & explanation

Correct answer

Answer: (c)C.

Doctrine of sapinda relationship

Why this answer is correct

The correct answer is 'Doctrine of sapinda relationship'

Key Points

  • Doctrine of sapinda relationship:
  • The Mitakshara school, one of the two principal schools of Hindu law, governs inheritance and succession in large parts of India (except West Bengal and Assam, which are under the Dayabhaga school).
  • The guiding principle of inheritance under the Mitakshara school is the doctrine of sapinda relationship. This doctrine is based on kinship and proximity of blood relationship.
  • Sapinda refers to individuals connected by common offerings to ancestors, typically up to three generations in the paternal line and five generations in the maternal line.
  • The concept ensures that inheritance is passed through familial ties and is determined by the closeness of the relationship to the deceased.
  • The principle of sapinda relationship also plays a critical role in marriage prohibitions under Hindu law, ensuring that close relatives do not intermarry.

Additional Information

  • Religious efficacy:
  • Religious efficacy refers to the suitability of a person to perform rituals and ceremonies for the deceased. While it is an important consideration in Hindu law, it is not the primary guiding principle for inheritance under the Mitakshara school.
  • The focus of inheritance in Mitakshara is on blood relationship rather than solely on religious fitness.
  • Capacity to perform religious obligations:
  • This option emphasizes the ability of an heir to fulfill religious duties, such as offering oblations to ancestors. However, it is not the central principle under the Mitakshara school.
  • While religious duties are relevant, inheritance is more fundamentally based on the sapinda relationship and proximity of kinship.
  • Capacity to offer religious obligations:
  • This option highlights the capability of an heir to perform offerings and rituals, similar to the previous option.
  • Although such capacity is valued, it is secondary to the doctrine of sapinda relationship, which governs inheritance under the Mitakshara school.

Question 2

Which of the following is true about Separation of Power in the Constitution of Canada?

A- Separation exists between only Judiciary and Parliament

B- Separation exists between executive and legislature

C- There is no general separation of power

D- Canadian Constitution has no parallel with Presidentialism

Choose the correct answer:

  1. AOption (a)

    B, D Only

  2. BOption (b)

    A, C Only

  3. COption (c)

    A, B Only

  4. DOption (d)

    C, D Only

View answer & explanation

Correct answer

Answer: (b)B.

A, C Only

Why this answer is correct

The correct answer is 'There is no general separation of power'

Key Points

  • Separation of Powers in Canada:
  • Unlike the strict separation of powers seen in countries such as the United States, the Canadian Constitution does not establish a rigid separation of powers among the legislative, executive, and judiciary branches.
  • Canada follows the Westminster system of parliamentary democracy, where there is a fusion of powers between the executive and legislative branches.
  • The executive (Prime Minister and Cabinet) is drawn from the legislature (Parliament), making them interdependent rather than separate.
  • However, the judiciary remains independent from both the executive and legislative branches, ensuring impartial adjudication and upholding the rule of law.

Additional Information

  • Details about Incorrect Options:
  • Option A - Separation exists between only Judiciary and Parliament: This is incorrect as the separation is not limited to the judiciary and Parliament. The judiciary is independent from both the executive and legislature, but there is no strict separation of powers between the executive and legislative branches due to the parliamentary system.
  • Option B - Separation exists between executive and legislature: This is incorrect as the executive and legislature are intertwined in Canada. The Prime Minister and Cabinet are part of the legislature, demonstrating a fusion of powers rather than separation.
  • Option D - Canadian Constitution has no parallel with Presidentialism: This statement is true as Canada’s parliamentary system differs significantly from the presidential system seen in countries like the United States. However, this alone does not fully explain the absence of general separation of powers.

Question 3

Which of the following are correct about "legal theory"?

A- It defines Law

B- It analyses legal concepts

C- It deals with mere theory and has no practical importance

D- It highlights salient features of legal system

Choose the correct answer:

  1. AOption (a)

    A, B, C Only

  2. BOption (b)

    B, C, D Only

  3. COption (c)

    A, B, D Only

  4. DOption (d)

    A, C, D Only

View answer & explanation

Correct answer

Answer: (c)C.

A, B, D Only

Why this answer is correct

The correct answer is:Option 3) A, B, D Only

Key Points

  • A) It defines Law: Legal theory helps in understanding and defining what law is, its scope, and its implications.
  • B) It analyses legal concepts: Legal theory involves the analysis of legal principles, concepts, and structures, which is essential in the development of law.
  • D) It highlights salient features of the legal system: Legal theory focuses on explaining and highlighting the important features of the legal system, such as justice, rights, and fairness.
  • C) It deals with mere theory and has no practical importance is incorrect because legal theory has significant practical importance in understanding how the law operates, shapes society, and functions within a legal system.

Question 4

Which of the Article of the Geneva Conventions of 1949 is called 'mini convention within the conventions'?

  1. AOption (a)

    Article 2

  2. BOption (b)

    Article 3

  3. COption (c)

    Article 4

  4. DOption (d)

    Article 5

View answer & explanation

Correct answer

Answer: (b)B.

Article 3

Why this answer is correct

The correct answer is 'Article 3 of the Geneva Conventions of 1949'

Key Points

  • Article 3 of the Geneva Conventions:
  • Article 3 is often referred to as the "mini convention within the conventions" because it applies universally to non-international armed conflicts, which were not covered by earlier conventions.
  • It establishes fundamental humanitarian protections for persons not taking an active part in hostilities, such as civilians, wounded soldiers, and detainees.
  • It prohibits acts such as violence to life and person, cruel treatment, torture, taking hostages, and outrages upon personal dignity.
  • Article 3 also requires humane treatment and provides the basis for legal safeguards in such conflicts.
  • It is significant for addressing internal conflicts, which are more common than international wars, and ensures a baseline level of humanitarian protection.

Additional Information

  • Article 2:
  • Article 2 defines the scope of the Geneva Conventions, stating that they apply to all cases of declared war or armed conflict between nations, even if one of the parties does not recognize the state of war.
  • It does not address non-international conflicts, which are the focus of Article 3.
  • Article 4:
  • Article 4 outlines the categories of persons protected under the conventions, such as prisoners of war and civilians in occupied territories.
  • While crucial for international armed conflicts, it does not address the broader protections provided under Article 3 for non-international conflicts.
  • Article 5:
  • Article 5 focuses on situations where the protection of certain individuals can be limited due to their direct participation in hostilities.
  • It does not establish the universal baseline protections that Article 3 provides for all persons not actively involved in conflict.

Question 5

Arrange the following legal instruments chronologically (ascending order):

A- Rights of Persons with Disabilities Act (India)

B- OP to the CEDAW

C- UN Principles for Older Persons

D- UN Convention on the Rights of Persons with Disabilities

E- UN Declaration on Rights of Persons belonging to National, Ethnic, Religious and Linguistic Minorities

Choose the correct answer:

  1. AOption (a)

    A, B, D, C, E

  2. BOption (b)

    C, E, B, D, A

  3. COption (c)

    C, D, A, E, B

  4. DOption (d)

    D, A, C, B, E

View answer & explanation

Correct answer

Answer: (b)B.

C, E, B, D, A

Why this answer is correct

The correct answer is 'C, E, B, D, A'

Key Points

  • Chronological Arrangement:
  • UN Principles for Older Persons (1991): Adopted by the United Nations General Assembly, these principles focus on the independence, participation, care, self-fulfillment, and dignity of older persons. This was the earliest legal instrument in the given list.
  • UN Declaration on Rights of Persons belonging to National, Ethnic, Religious, and Linguistic Minorities (1992): This declaration emphasizes the protection and promotion of the rights of minorities globally, ensuring their identity and culture are preserved.
  • Optional Protocol (OP) to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (1999): This protocol enables individuals or groups to submit complaints regarding violations of rights protected under CEDAW, strengthening the convention's implementation.
  • UN Convention on the Rights of Persons with Disabilities (CRPD) (2006): This international treaty promotes and protects the rights of persons with disabilities, ensuring their equality and participation in society.
  • Rights of Persons with Disabilities Act (India) (2016): This Indian law aligns with the principles of the CRPD and extends protections and rights to persons with disabilities, ensuring accessibility, equality, and inclusion within India.

Additional Information

  • Incorrect Options Explanation:
  • Option 1 (A, B, D, C, E): Incorrect because it places the Rights of Persons with Disabilities Act (India) before the earlier instruments, such as the UN Principles for Older Persons and others, violating the chronological order.
  • Option 3 (C, D, A, E, B): Incorrect because the sequence mixes up the chronological timeline, placing the UN Declaration on Minorities after later instruments like the CRPD.
  • Option 4 (D, A, C, B, E): Incorrect as it starts with the CRPD and Rights of Persons with Disabilities Act, which were adopted much later compared to the UN Principles for Older Persons and others.
  • Significance of Each Instrument:
  • These legal instruments represent milestones in international and domestic legal frameworks aimed at promoting equality, inclusivity, and protection of vulnerable groups, including older persons, minorities, women, and persons with disabilities.
  • They collectively highlight the evolution of human rights norms and the growing recognition of the diverse challenges faced by different populations.

Question 6

Arrange the following as per the correct order in the Indian Constitution (Article-wise):

A- Establishment and Constitution of Supreme Court

B- Original jurisdiction of Supreme Court

C- Legislative power of Governor

D- Transfer of a judge from one High Court to another

E- Jurisdiction of existing High Courts

Choose the correct answer:

  1. AOption (a)

    A, B, C, D, E

  2. BOption (b)

    E, D, C, B, A

  3. COption (c)

    D, C, B, A, E

  4. DOption (d)

    E, C, D, B, A

View answer & explanation

Correct answer

Answer: (a)A.

A, B, C, D, E

Why this answer is correct

The correct answer is 'A, B, C, D, E'.

Key Points

  • Establishment and Constitution of Supreme Court (Article 124):
  • This Article deals with the establishment and structure of the Supreme Court of India, including the appointment of judges, their qualifications, and terms of service.
  • It is the foundation for the functioning of the highest judicial body in the country.
  • Original jurisdiction of Supreme Court (Article 131):
  • This Article defines the original jurisdiction of the Supreme Court in disputes between the Government of India and one or more states or between two or more states.
  • It highlights the unique authority of the Supreme Court to address inter-governmental disputes directly.
  • Legislative power of Governor (Article 200):
  • This Article specifies the legislative authority of the Governor, including their power to give or withhold assent to bills passed by the state legislature.
  • It emphasizes the Governor’s role in the legislative process at the state level.
  • Transfer of a judge from one High Court to another (Article 222):
  • This Article allows the President of India, after consultation with the Chief Justice of India, to transfer a judge from one High Court to another.
  • It ensures flexibility and administrative efficiency in the judiciary.
  • Jurisdiction of existing High Courts (Article 225):
  • This Article deals with the jurisdiction and powers of the High Courts in India, as they existed before the commencement of the Constitution.
  • It ensures continuity and preserves the jurisdiction of High Courts, subject to laws made by the legislature.

Additional Information

  • Explanation of Incorrect Options:
  • Option 2 (E, D, C, B, A): This option incorrectly places the jurisdiction of existing High Courts (Article 225) first, which comes later in the Constitution compared to the establishment of the Supreme Court (Article 124).
  • Option 3 (D, C, B, A, E): This option starts with the transfer of High Court judges (Article 222), which appears after the legislative powers of the Governor (Article 200) and the Supreme Court-related Articles.
  • Option 4 (E, C, D, B, A): This option incorrectly places the jurisdiction of High Courts (Article 225) and legislative powers of the Governor (Article 200) before Articles related to the Supreme Court, disrupting the constitutional order.
  • Importance of Following the Article-wise Order:
  • The Constitution is organized systematically to highlight the structure and functioning of the judiciary and governance in a logical sequence.
  • Correct understanding of the Article-wise order is essential for interpreting the Constitution and applying its provisions effectively.

Question 7

Estrada doctrine dealing with recognition of States and Government is primarily related to which country?

  1. AOption (a)

    Spain

  2. BOption (b)

    Mexico

  3. COption (c)

    Germany

  4. DOption (d)

    China

View answer & explanation

Correct answer

Answer: (b)B.

Mexico

Why this answer is correct

The correct answer is 'Mexico'

Key Points

  • Estrada Doctrine:
  • The Estrada Doctrine is a principle of foreign policy named after Genaro Estrada, the Mexican Secretary of Foreign Affairs in 1930.
  • This doctrine emphasizes the non-interventionist stance of Mexico concerning the recognition of governments in other countries.
  • According to the doctrine, Mexico refrains from judging whether a government in power in another state should be recognized or not. Instead, Mexico recognizes states, not governments, and maintains diplomatic relations with the de facto ruling authorities, irrespective of how they came to power.
  • The goal is to avoid interference in the internal affairs of other nations and to uphold the sovereignty of states.
  • The doctrine reflects Mexico's commitment to respecting international law and avoiding actions that might be construed as endorsing or condemning a particular regime.

Additional Information

  • Other Options Explained:
  • Spain: Spain does not have a doctrine similar to the Estrada Doctrine. While Spain has its own foreign policy approaches, they are not specifically tied to the principles of non-recognition or non-judgment of governments as outlined in the Estrada Doctrine.
  • Germany: Germany's foreign policy has historically been shaped by its unique geopolitical position in Europe, particularly during the Cold War. However, it does not have a doctrine equivalent to the Estrada Doctrine concerning the recognition of states or governments.
  • China: China's foreign policy is centered around principles like non-interference in the internal affairs of other countries, but it does not specifically align with the Estrada Doctrine. China's approach often involves pragmatic recognition of governments based on its national interests, especially concerning the "One-China Policy."
  • Relevance of the Estrada Doctrine:
  • The Estrada Doctrine is significant in international relations as it underscores the principle of state sovereignty and non-intervention.
  • It has influenced Mexico's foreign policy for decades and is seen as a way to maintain neutrality and avoid complicity in the internal conflicts of other nations.

Question 8

Which of the following is not the meaning of the term "dominant position" under the Competition Act, 2002?

  1. AOption (a)

    Position of strength

  2. BOption (b)

    Operating independently of competitive forces

  3. COption (c)

    Cartel activity among competitors

  4. DOption (d)

    Affect its competitors or consumers in its favour

View answer & explanation

Correct answer

Answer: (c)C.

Cartel activity among competitors

Why this answer is correct

The correct answer is 'Cartel activity among competitors'

Key Points

  • Dominant position under the Competition Act, 2002:
  • The Competition Act, 2002 defines a dominant position as a position of strength enjoyed by an enterprise in the relevant market that enables it to operate independently of competitive forces or affect its competitors or consumers in its favor.
  • It is primarily concerned with situations where an enterprise has significant control over the market and can influence prices, production, or supply without being constrained by competitors.
  • Dominant position does not inherently refer to illegal activities, but its abuse is prohibited under the Act.
  • Explanation of incorrect options:
  • Position of strength: This is an accurate representation of a dominant position as it denotes the ability of an enterprise to exert considerable influence in the market.
  • Operating independently of competitive forces: This refers to an enterprise's ability to function without regard to market competition, which is a characteristic of a dominant position.
  • Affect its competitors or consumers in its favor: This is another valid definition of a dominant position as it highlights the ability to sway market dynamics to the enterprise's advantage.
  • Why 'Cartel activity among competitors' is the correct answer:
  • Cartel activity refers to a group of competitors colluding to fix prices, limit production, or divide markets, which is a separate concept under the Competition Act, 2002.
  • Cartels involve collective behavior among multiple entities, whereas a dominant position pertains to the unilateral market power of a single enterprise.
  • While both cartel activity and abuse of dominant position are anti-competitive practices, they are distinct and treated separately under the Act.

Additional Information

  • Provisions related to dominant position under Competition Act:
  • Section 4 of the Competition Act, 2002 prohibits the abuse of dominant position in the market.
  • Examples of abuse include imposing unfair prices or conditions, limiting production or technical development, or denying market access to competitors.
  • The Competition Commission of India (CCI) investigates and penalizes enterprises found guilty of abusing their dominant position.
  • Cartel activity under Competition Act:
  • Cartels are addressed under Section 3 of the Act, which prohibits anti-competitive agreements.
  • Cartels can harm market competition by artificially controlling prices or supply, which reduces consumer welfare and stifles innovation.
  • The CCI is empowered to investigate and impose penalties on entities engaged in cartel activities.

Question 9

In which of the following case, the apex court of India issued fourteen directions to the Union and State Government to ensure complete eradication of manual scavenging and hazardous cleaning?

  1. AOption (a)

    Anoop Baranwal v/s U.O.I

  2. BOption (b)

    Govt. of NCT of Delhi v/s U.O.I

  3. COption (c)

    Advisas for Social and Human Rights Action v/s U.O.I

  4. DOption (d)

    Dr. Balram Singh v/s U.O.I

View answer & explanation

Correct answer

Answer: (d)D.

Dr. Balram Singh v/s U.O.I

Why this answer is correct

The correct answer is 'Dr. Balram Singh v/s U.O.I'

Key Points

  • Dr. Balram Singh v/s U.O.I:
  • The Supreme Court of India, in this landmark case, issued fourteen directions to the Union and State Governments aimed at eradicating the practice of manual scavenging and hazardous cleaning of sewers and septic tanks.
  • The directions emphasized the enforcement of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, which prohibits manual scavenging and mandates the rehabilitation of affected individuals.
  • The Court also focused on the need for mechanized cleaning methods to replace manual cleaning practices and called for proper safety gear and training for sanitation workers.
  • This judgment played a significant role in holding governments accountable for ensuring the dignity and safety of sanitation workers.

Additional Information

  • Anoop Baranwal v/s U.O.I:
  • This case primarily dealt with the appointment of Election Commissioners and issues related to the independence of the Election Commission of India.
  • It did not address issues related to manual scavenging or sanitation workers.
  • Govt. of NCT of Delhi v/s U.O.I:
  • This case revolved around the division of powers between the Delhi Government and the Union Government, specifically concerning administrative control over services in Delhi.
  • It was unrelated to the issue of manual scavenging or hazardous cleaning.
  • Advisas for Social and Human Rights Action v/s U.O.I:
  • While this case addressed human rights concerns, it was not specifically related to the eradication of manual scavenging or hazardous cleaning practices.
  • The focus was more on broader social and human rights issues rather than sanitation work.

Question 10

The power of judicial review was first adopted/applied by the Supreme Court of USA in which of the following case?

  1. AOption (a)

    Marbury v/s Madison

  2. BOption (b)

    North Wales Police v/s Evans

  3. COption (c)

    Minerva v/s State of Georgia

  4. DOption (d)

    Reg v/s Home Secretary

View answer & explanation

Correct answer

Answer: (a)A.

Marbury v/s Madison

Why this answer is correct

The correct answer is 'Marbury v/s Madison'

Key Points

  • Marbury v/s Madison:
  • The landmark case of Marbury v/s Madison (1803) established the principle of judicial review in the United States.
  • Judicial review is the power of courts to examine the constitutionality of legislative acts or executive actions.
  • In this case, Chief Justice John Marshall ruled that the Judiciary Act of 1789 was partially unconstitutional because it expanded the original jurisdiction of the Supreme Court beyond what was allowed by the Constitution.
  • This decision set a precedent, empowering the judiciary to check the actions of other branches of government and ensuring that the Constitution remains the supreme law of the land.
  • Marbury v/s Madison remains one of the most important cases in the history of constitutional law, as it laid the foundation for the judicial branch's role in maintaining the balance of power in the U.S. government.

Additional Information

  • North Wales Police v/s Evans:
  • This case is a UK-based legal matter related to wrongful dismissal and judicial review, but it does not pertain to the establishment of judicial review as a principle.
  • It is significant in administrative law but has no historical connection to the introduction of judicial review.
  • Minerva v/s State of Georgia:
  • This option seems to be incorrect or fictional as there is no notable case by this name related to judicial review.
  • It may have been included as a distractor in the question.
  • Reg v/s Home Secretary:
  • Reg v/s Home Secretary is a British case dealing with judicial review in administrative law, particularly regarding the powers of the Home Secretary.
  • While it is important in the context of judicial review in the UK, it does not mark the first adoption or application of judicial review as a principle.

Question 11

Arrange the following cases on Maintenance in their chronological order (Ascending order):

A- Saira Banu v/s AM Abdul Gafoor

B- Danial Latifi v/s Union of India

C- Noor Saba Khatoon v/s Mohd. Quasim

D- Md. Ahmed Khan v/s Shah Bano Begum

Choose the correct answer:

  1. AOption (a)

    D, C, A, B

  2. BOption (b)

    C, D, B, A

  3. COption (c)

    A, B, D, C

  4. DOption (d)

    D, A, C, B

View answer & explanation

Correct answer

Answer: (d)D.

D, A, C, B

Why this answer is correct

The correct answer is 'D, A, C, B'

Key Points

  • Understanding the Cases on Maintenance:
  • These landmark cases in Indian legal history deal with the issue of maintenance, particularly in the context of Muslim personal law and the rights of divorced women.
  • The chronological arrangement of these cases provides insight into the evolution of judicial interpretation and legislative amendments regarding maintenance laws.
  • Chronological Order of the Cases:
  • Md. Ahmed Khan v. Shah Bano Begum (1985):
  • This case is a cornerstone in maintenance law. The Supreme Court upheld the right of a divorced Muslim woman to claim maintenance under Section 125 of the Criminal Procedure Code, irrespective of personal law.
  • It triggered a major debate on the intersection of personal laws and the secular framework of the Indian Constitution.
  • Saira Banu v. AM Abdul Gafoor (1989):
  • This case dealt with the obligation of a Muslim husband to maintain his divorced wife beyond the iddat period under certain conditions, adding clarity to the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
  • Noor Saba Khatoon v. Mohd. Quasim (1997):
  • In this case, the Supreme Court ruled that the liability of a Muslim father to maintain his minor children is not confined to the iddat period and extends until they become self-supporting.
  • Danial Latifi v. Union of India (2001):
  • This case upheld the constitutional validity of the Muslim Women (Protection of Rights on Divorce) Act, 1986, and clarified that a Muslim husband is obligated to provide a fair and reasonable provision for his divorced wife, which could extend beyond the iddat period.

Additional Information

  • Incorrect Options:
  • Option 1 (D, C, A, B): Incorrect because Noor Saba Khatoon v. Mohd. Quasim (1997) occurred after Saira Banu v. AM Abdul Gafoor (1989).
  • Option 2 (C, D, B, A): Incorrect because Shah Bano (1985) predates Noor Saba Khatoon (1997), and Danial Latifi (2001) is the most recent case.
  • Option 3 (A, B, D, C): Incorrect because Saira Banu (1989) cannot precede Shah Bano (1985), and the order of the cases is not chronologically accurate.
  • Significance of the Cases:
  • The Shah Bano case laid the foundation for subsequent cases by highlighting the conflict between personal law and the secular principles of the Constitution.
  • Later cases like Danial Latifi reconciled these principles and ensured that divorced Muslim women received just provisions.

Question 12

Which one of the following is incorrect statement in the context of the characteristic features of a Waqf?

  1. AOption (a)

    Waqf properties are inalienable

  2. BOption (b)

    A testamentary Waqf is irrevocable

  3. COption (c)

    A Waqf once created cannot be revoked

  4. DOption (d)

    A Waqf property vests in God

View answer & explanation

Correct answer

Answer: (b)B.

A testamentary Waqf is irrevocable

Why this answer is correct

The correct answer is 'A testamentary Waqf is irrevocable'

Key Points

  • A testamentary Waqf is irrevocable:
  • This statement is incorrect because a testamentary Waqf (a Waqf created via a will) does not come into effect until the death of the testator and can be revoked or modified by the testator during their lifetime.
  • Unlike other forms of Waqf, which are generally irrevocable upon creation, testamentary Waqfs remain revocable as long as the testator is alive, maintaining the flexibility to make changes.

Additional Information

  • Waqf properties are inalienable:
  • This is a correct statement. Once a Waqf is created, the property dedicated to it becomes inalienable and cannot be sold, gifted, or inherited. It is meant to be used perpetually for the purpose for which it was created.
  • A Waqf once created cannot be revoked:
  • This is also correct. A Waqf, once validly created, becomes permanent and irrevocable, except under certain extraordinary circumstances as per Islamic law.
  • A Waqf property vests in God:
  • This is accurate and reflects the spiritual essence of a Waqf. In Islamic law, Waqf property is considered to be owned by God, and the person managing it (mutawalli) acts as a trustee for the beneficiaries.

Question 13

What does ‘injury’ mean under Section 44 of IPC, 1860 and Section 2(14) of BNS, 2023?

  1. AOption (a)

    Any harm illegally caused to a person in body and mind

  2. BOption (b)

    Any harm illegally caused to a person in body and property

  3. COption (c)

    Any harm illegally caused to a person in body, mind, reputation or property

  4. DOption (d)

    Any harm illegally caused to a person in body, mind and reputation

View answer & explanation

Correct answer

Answer: (c)C.

Any harm illegally caused to a person in body, mind, reputation or property

Why this answer is correct

The correct answer is 'Any harm illegally caused to a person in body, mind, reputation, or property'

Key Points

  • Definition of 'Injury' under IPC and BNS:
  • Section 44 of the Indian Penal Code (IPC), 1860, and Section 2(14) of BNS, 2023, define 'injury' as any harm illegally caused to a person in their body, mind, reputation, or property.
  • This comprehensive definition ensures that the law encompasses not only physical harm but also mental distress, damage to reputation, and harm to property.
  • The inclusion of harm to reputation and mental well-being highlights the evolving understanding of injury in modern legal frameworks.

Additional Information

  • Why other options are incorrect:
  • Option 1 (Any harm illegally caused to a person in body and mind): This option is incomplete as it does not include harm to reputation and property, which are integral parts of the definition of injury.
  • Option 2 (Any harm illegally caused to a person in body and property): This option also provides an incomplete definition, as it excludes harm to mind and reputation.
  • Option 4 (Any harm illegally caused to a person in body, mind, and reputation): While this option includes body, mind, and reputation, it misses the inclusion of harm to property, making it an incomplete definition.
  • Legal Significance:
  • The broad definition of 'injury' ensures that victims of various types of harm, whether physical, mental, reputational, or material, can seek redress under the law.
  • This comprehensive approach reflects the legal system's commitment to protecting all aspects of an individual's well-being and rights.

Question 14

Which of the following is not true in the context of powers of the President in the Indian Constitution?

A- The President is the Supreme Commander of the Defence Forces of the country.

B- All treaties and international agreements are negotiated and concluded in the name of the President though subject to ratification by the Parliament.

C- President has power to summon and prorogue the Parliament and can dissolve the Lok Sabha.

D- President is empowered to promulgate ordinances during recess of Parliament under Article 213 of the Indian Constitution.

Choose the correct answer:

  1. AOption (a)

    D Only

  2. BOption (b)

    B, C Only

  3. COption (c)

    C Only

  4. DOption (d)

     A, B Only

View answer & explanation

Correct answer

Answer: (a)A.

D Only

Why this answer is correct

The correct answer is 'President is empowered to promulgate ordinances during recess of Parliament under Article 213 of the Indian Constitution.'

Key Points

  • Ordinance-making power of the President:
  • The President of India is empowered to promulgate ordinances under Article 123 of the Indian Constitution, not Article 213. This power is exercised when Parliament is not in session, and immediate legislative action is required.
  • Ordinances issued by the President have the same force and effect as laws passed by Parliament but must be approved by both Houses of Parliament within six weeks of their reassembly.
  • Article 213, mentioned in the statement, pertains to the ordinance-making power of the Governor, not the President. Hence, the statement is incorrect.

Additional Information

  • Brief Overview of Other Options:
  • A. The President is the Supreme Commander of the Defence Forces of the country:
  • This statement is correct. The President of India is the Supreme Commander of the armed forces, as per the Constitution. However, operational control and decision-making rest with the Cabinet and the Prime Minister.
  • B. All treaties and international agreements are negotiated and concluded in the name of the President, though subject to ratification by the Parliament:
  • This is also correct. The President represents India in international relations and acts as the formal authority for treaties and agreements, which require parliamentary approval for ratification.
  • C. President has power to summon and prorogue the Parliament and can dissolve the Lok Sabha:
  • This is true. Under Article 85, the President has the power to summon and prorogue Parliament sessions and dissolve the Lok Sabha on the advice of the Council of Ministers.
  • D (Incorrect part of the statement): President is empowered to promulgate ordinances under Article 213:
  • As explained earlier, Article 213 applies to the Governor, not the President. The President's ordinance-making power is under Article 123.
  • Significance of Ordinance-Making Power:
  • It allows the executive to act swiftly in times of legislative inaction or emergencies.
  • However, it is a temporary measure and must be approved by the legislature to become a permanent law.

Question 15

Who is the writer of the book titled, “The Post Modern Condition: A Report on Knowledge”?

  1. AOption (a)

    Michel Foucault

  2. BOption (b)

    Jean-Francois Lyotard

  3. COption (c)

    Jacques Derrida

  4. DOption (d)

    Jean Baudrillard

View answer & explanation

Correct answer

Answer: (b)B.

Jean-Francois Lyotard

Why this answer is correct

The correct answer is 'Jean-Francois Lyotard'

Key Points

  • About the book "The Postmodern Condition: A Report on Knowledge":
  • This book was written by Jean-Francois Lyotard and published in 1979.
  • It is a seminal work in postmodern philosophy and examines the status of knowledge in post-industrial societies.
  • The book introduces the concept of "incredulity toward metanarratives," which questions universal, overarching explanations of knowledge and truth, such as those provided by religion or science.
  • Lyotard argues that in the postmodern era, knowledge is fragmented, localized, and tied to specific contexts rather than being unified or universal.
  • This text is considered a foundational work in understanding postmodernism and its implications for culture, politics, and science.

Additional Information

  • Brief Overview of Other Options:
  • Michel Foucault:
  • Foucault was a French philosopher and historian known for his work on power, knowledge, and social institutions.
  • He did not write "The Postmodern Condition." His notable works include "Discipline and Punish" and "The History of Sexuality."
  • Jacques Derrida:
  • Derrida was a French philosopher who developed the concept of "deconstruction," which challenges traditional assumptions about language and meaning.
  • He did not write this book. His key works include "Of Grammatology" and "Writing and Difference."
  • Jean Baudrillard:
  • Baudrillard was a French sociologist and philosopher known for his work on hyperreality and simulation.
  • He did not author "The Postmodern Condition." His major works include "Simulacra and Simulation" and "The Gulf War Did Not Take Place."
  • Significance of "The Postmodern Condition":
  • The book is a critical exploration of how knowledge and information are commodified in postmodern societies.
  • It provides a framework for understanding the shift from industrial to post-industrial economies and the role of technology in shaping knowledge.

Question 16

Match the LIST-I with LIST-I

LIST-I: Term/DoctrineLIST-II: Opinion
A. Jus NecessitatisI. Collective term for intention and recklessness
B. MaliceII. Two forms of Mensrea
C. Dolus and CulpaIII. Two alternative conditions of Penal Liability
D. Intention and Negligence​IV. Right of the man to do from which he cannot be dissuaded

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (a)A.

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

Why this answer is correct

The correct answer is 'A-IV, B-I, C-II, D-III'

Key Points

  • Understanding the terms and doctrines:
  • Jus Necessitatis (A-IV): This term refers to the "right of necessity," or the right of a person to act in situations where they are compelled to do so for survival or necessity, even if the act would otherwise be unlawful.
  • Malice (B-I): Malice is a legal term that denotes a wrongful intention or reckless disregard of the consequences of one's actions. It is often used as a collective term for intention and recklessness.
  • Dolus and Culpa (C-II): These are two forms of mens rea (criminal intent). Dolus refers to intentional wrongdoing, while Culpa refers to negligent behavior or carelessness that leads to a wrongful act.
  • Intention and Negligence (D-III): These are two alternative conditions of penal liability. Intention refers to purposeful action to achieve a specific result, while negligence involves a failure to exercise reasonable care, resulting in harm.

Additional Information

  • Explanation of other options:
  • Option 2 (A-III, B-II, C-IV, D-I): This pairing incorrectly matches Jus Necessitatis with the condition of penal liability. Similarly, Malice is not directly related to two forms of mens rea, and Dolus and Culpa do not align with the right of necessity.
  • Option 3 (A-I, B-IV, C-III, D-II): This arrangement incorrectly pairs Jus Necessitatis with malice, which is not its definition. It also mismatches other terms like Dolus and Culpa, which are forms of mens rea and not penal liability conditions.
  • Option 4 (A-II, B-III, C-I, D-IV): This option fails in correctly associating Jus Necessitatis and other terms. For instance, Jus Necessitatis does not align with mens rea forms, and Malice does not correspond to penal liability conditions.
  • Importance of accurate matching:
  • The correct understanding and matching of legal terms and doctrines are crucial for interpreting laws and principles effectively.
  • Misinterpretation can lead to confusion in legal cases and undermine the application of justice.

Question 17

Match the LIST-I with LIST-I

LIST-I: JuristLIST-II: Statement/Opinion
A. MontesquieIV. Father of Comparative Law
B. LeeI. Comparative Constitution is strange
C. Rudolph and SchlesingerII. Used the term - Rechtsvergleichung
D. MaineIII. Published 'Ancient Law' in 1861
  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (d)D.

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

Why this answer is correct

The correct answer is 'A-IV, B-I, C-II, D-III.'

Key Points

  • Montesquieu - Father of Comparative Law (IV):
  • Montesquieu is widely regarded as the "Father of Comparative Law" due to his significant contribution to the field through his work "The Spirit of Laws" (1748).
  • He emphasized the importance of understanding laws in the context of social, cultural, and political factors, laying the foundation for comparative legal studies.
  • Lee - Comparative Constitution is strange (I):
  • Lee expressed skepticism about the concept of comparative constitutional law, describing it as "strange." This reflects the initial hesitation among some jurists regarding the applicability of comparative methods to constitutional studies.
  • Rudolph and Schlesinger - Used the term 'Rechtsvergleichung' (II):
  • Rudolph Schlesinger played a pivotal role in developing comparative law. He introduced the term "Rechtsvergleichung," which translates to "comparative law," to describe the systematic study of legal systems across different jurisdictions.
  • Maine - Published 'Ancient Law' in 1861 (III):
  • Henry Maine is renowned for his work "Ancient Law" (1861), which explores the historical development of legal systems and the transition from status-based societies to contract-based societies.
  • His ideas significantly influenced the study of comparative and historical law.

Additional Information

  • Explanation of incorrect options:
  • Option 1 (A-I, B-II, C-III, D-IV):
  • This incorrectly matches Montesquieu to "Comparative Constitution is strange" and Maine to "Father of Comparative Law." These associations do not align with their contributions to the field of law.
  • Option 2 (A-II, B-III, C-IV, D-I):
  • This erroneously associates Montesquieu with "Used the term - Rechtsvergleichung" and Lee with "Published 'Ancient Law.'" These are incorrect pairings based on their historical roles and opinions.
  • Option 3 (A-III, B-IV, C-I, D-II):
  • This incorrectly connects Montesquieu to "Published 'Ancient Law'" and Lee to "Father of Comparative Law," misrepresenting their respective contributions.
  • Relevance of comparative law:
  • Comparative law is essential for understanding differences and similarities between legal systems, fostering global legal cooperation, and addressing cross-border legal issues.
  • It serves as a tool for law reform, international trade, and harmonization of laws in a globalized world.

Question 18

A Christian man X and a Hindu girl Y eloped and entered into an "Agreement of Marriage" on ₹50 stamp paper and registered it at Registrar office. They exchanged garlands, X tied a Mangalsutra around Y’s neck. Is it a valid marriage?

  1. AOption (a)

     It is a valid marriage as it is registered by agreement

  2. BOption (b)

    It is valid marriage as ceremonies are performed

  3. COption (c)

    It is not a valid marriage as legal validity test is not complete

  4. DOption (d)

    It is a valid marriage as customary rites of the parties were followed

View answer & explanation

Correct answer

Answer: (c)C.

It is not a valid marriage as legal validity test is not complete

Why this answer is correct

The correct answer is 'It is not a valid marriage as legal validity test is not complete'

Key Points

  • Legal validity of marriage:
  • In India, marriage is governed by personal laws based on the religion of the parties involved. For a marriage to be valid, it must satisfy the conditions prescribed under the respective laws.
  • Since one party is Christian and the other is Hindu, their marriage cannot be automatically considered valid under either the Hindu Marriage Act, 1955, or the Christian Marriage Act, 1872, unless certain legal requirements are fulfilled.
  • For interfaith marriages, the Special Marriage Act, 1954, provides a legal framework. This Act requires specific procedures, including a public notice, a waiting period, and registration by a marriage officer.
  • In this scenario, merely entering into an "Agreement of Marriage," registering it, and performing rituals like exchanging garlands and tying a Mangalsutra do not satisfy the legal requirements under any applicable law.

Additional Information

  • Option 1: It is a valid marriage as it is registered by agreement:
  • This option is incorrect because marriage in India cannot be validated solely by entering into an agreement or registration unless the procedure under the relevant law is followed.
  • Personal laws or the Special Marriage Act must be adhered to for a marriage to gain legal recognition.
  • Option 2: It is valid marriage as ceremonies are performed:
  • This option is incorrect because while ceremonies are important, they must be in accordance with the customary or legal requirements of the parties involved. In the case of interfaith marriages, ceremonies alone do not suffice unless they comply with the Special Marriage Act or applicable personal laws.
  • Option 4: It is a valid marriage as customary rites of the parties were followed:
  • This option is incorrect because the rites and rituals described (garland exchange and tying of Mangalsutra) are not sufficient to satisfy the legal requirements for either a Hindu or Christian marriage.
  • Additionally, for an interfaith marriage, the Special Marriage Act must be followed, which has no provision for customary rites.

Question 19

Which of the following is not an absolute privilege under the law of torts?

  1. AOption (a)

    A petition to Parliament

  2. BOption (b)

    Words written or spoken before a Tribunal

  3. COption (c)

    Communication made in self-protection

  4. DOption (d)

    Communication relating to State matters made by one minister to another

View answer & explanation

Correct answer

Answer: (c)C.

Communication made in self-protection

Why this answer is correct

The correct answer is 'Communication made in self-protection'

Key Points

  • Absolute Privilege in Law of Torts:
  • Absolute privilege is a complete defense against defamation claims, protecting certain communications regardless of their content or intent. It applies in specific scenarios where public interest outweighs the need to protect individual reputation.
  • Absolute privilege is granted to ensure the free flow of information and unhindered communication in specific legal, governmental, or parliamentary contexts.
  • Explanation of the Correct Answer:
  • Communication made in self-protection is not covered under absolute privilege. Instead, it may fall under qualified privilege, which requires that the communication be made without malice and with a legitimate reason.
  • Qualified privilege offers limited protection and is conditional, unlike absolute privilege, which is unconditional and broader in scope.
  • Overview of Incorrect Options:
  • Petition to Parliament:
  • A petition submitted to Parliament is protected by absolute privilege. This ensures that individuals can freely communicate with legislative bodies without fear of legal repercussions.
  • Words Written or Spoken Before a Tribunal:
  • Statements made during judicial proceedings or before a tribunal are protected by absolute privilege. This privilege allows participants to speak freely without fear of defamation claims.
  • Communication Relating to State Matters Made by One Minister to Another:
  • Such communications are protected by absolute privilege to ensure uninhibited discussion of state matters within the government, promoting effective governance.

Additional Information

  • Difference Between Absolute and Qualified Privilege:
  • Absolute Privilege: Provides complete immunity from defamation claims, regardless of intent or content, applicable in limited and specific scenarios like parliamentary debates, judicial proceedings, and official government communications.
  • Qualified Privilege: Offers conditional protection from defamation claims. It applies when a statement is made without malice and for a legitimate purpose, such as providing a reference for a job or communicating in self-defense.
  • Importance of Privileges in Law of Torts:
  • Privileges balance the need for free communication and the protection of individual reputations.
  • Absolute privilege ensures that critical institutions like courts, parliaments, and governments operate without undue interference.
  • Qualified privilege encourages responsible communication in personal and professional contexts.

Question 20

Arrange chronologically the following negotiations of GATT between 1947 to 1994 which led to the formation of WTO:

A- Annecy

B- Kennedy Round

C- Tokyo

D- Torquay

Choose the correct answer:

  1. AOption (a)

    A, B, C, D

  2. BOption (b)

    B, C, A, D

  3. COption (c)

    A, D, B, C

  4. DOption (d)

    C, B, D, A

View answer & explanation

Correct answer

Answer: (c)C.

A, D, B, C

Why this answer is correct

The correct answer is 'A, D, B, C.'

Key Points

  • Formation of WTO and GATT Rounds:
  • The World Trade Organization (WTO) was established in 1995, succeeding the General Agreement on Tariffs and Trade (GATT), which was created in 1947 to regulate international trade by reducing tariffs and other barriers.
  • Between 1947 and 1994, several negotiation rounds were held under GATT to address trade issues and expand the scope of international trade agreements.
  • The key negotiation rounds mentioned in the question are Annecy, Torquay, Kennedy Round, and Tokyo Round. These rounds played a pivotal role in shaping global trade policies.
  • Chronological Order of GATT Negotiation Rounds:
  • Annecy Round (1949): This was the second round of GATT negotiations and focused on reducing tariffs. It took place in Annecy, France, where 13 countries participated and negotiated approximately 5,000 tariff concessions.
  • Torquay Round (1950-51): Held in Torquay, England, this was the third round of GATT negotiations. It resulted in 8,700 tariff concessions, leading to a reduction in tariff levels by 25% compared to the initial levels in 1947.
  • Kennedy Round (1964-67): Named after U.S. President John F. Kennedy, this round marked a significant milestone in GATT negotiations. It focused on reducing tariffs, addressing anti-dumping measures, and improving trade relationships between developed and developing countries.
  • Tokyo Round (1973-79): This round aimed to tackle non-tariff barriers to trade and improve the rules governing international trade. It introduced agreements on subsidies, countervailing measures, and technical barriers to trade.

Additional Information

  • Incorrect Options and Explanation:
  • Option 1 (A, B, C, D): This order incorrectly places the Kennedy Round and Tokyo Round ahead of the Torquay Round, which occurred earlier chronologically.
  • Option 2 (B, C, A, D): This order is incorrect as it begins with the Kennedy Round, which took place much later than the Annecy and Torquay Rounds.
  • Option 4 (C, B, D, A): This order misplaces the Tokyo Round, which occurred after the Kennedy Round, and incorrectly places it before the earlier rounds like Annecy and Torquay.
  • Significance of These Rounds:
  • Each round progressively expanded the scope of trade liberalization and addressed emerging challenges in international trade.
  • The culmination of these rounds eventually led to the establishment of the WTO, which provided a more structured framework for global trade.

Question 21

Mark the incorrect statement as per Muslim Law on Wills:

A- A will of a minor can be ratified by him on attaining majority.

B- The will of a person of unsound mind cannot be ratified on attaining sanity.

C- Will made by a sane person will become invalid if subsequently he becomes insane.

D- A will made by a person who subsequently commits suicide is invalid.

Choose the correct answer:

  1. AOption (a)

    A, D Only

  2. BOption (b)

    B Only

  3. COption (c)

    C, A Only

  4. DOption (d)

    D Only

View answer & explanation

Correct answer

Answer: (d)D.

D Only

Why this answer is correct

The correct answer is 'A will made by a person who subsequently commits suicide is invalid.'

Key Points

  • Islamic Law on Wills:
  • Under Muslim law, a will is a legal declaration of a person's intention regarding the distribution of their property after death.
  • It is governed by strict rules, including the eligibility of the testator (person making the will) and the validity of the will itself.
  • Muslim law does not permit arbitrary decisions; wills must align with religious principles, including limitations on the share of property that can be bequeathed.
  • A will made by a person who subsequently commits suicide:
  • This statement is incorrect as per Muslim law. The act of suicide does not affect the validity of a will made before the act.
  • The will remains valid as long as it adheres to the conditions of Islamic law and was made while the testator was in a sound state of mind.
  • Suicide does not nullify the wishes expressed in the will, as the focus is on the circumstances under which the will was created, not subsequent events.

Additional Information

  • A will of a minor can be ratified by him on attaining majority:
  • This statement is correct. A minor cannot make a valid will, but upon attaining majority, they can ratify or confirm the will they made during their minority.
  • Ratification requires the person to be of sound mind and legally competent at the time of confirmation.
  • The will of a person of unsound mind cannot be ratified on attaining sanity:
  • This statement is correct. A person of unsound mind cannot make a valid will, and even if they later regain sanity, they cannot ratify the will made during their period of unsoundness.
  • A new will must be created after regaining mental soundness.
  • Will made by a sane person will become invalid if subsequently he becomes insane:
  • This statement is incorrect. A will made by a sane person remains valid even if the person subsequently becomes insane.
  • The validity of a will depends on the mental state of the person at the time of making the will, not on their subsequent condition.

Question 22

Match the LIST-I with LIST-II

LIST-I (Authors/Editors)LIST-II (Title of Books)
A. J Donhelly & D.J. WhelarI. International Human Rights
B. L. Rajamani & J. PeelII. The Oxford Handbook of International Environmental Law
C. Karnika SethIII. Computers, Internet and New Technology Laws
D. J. GibsonIV. Patenting Lives: Life Patents, Culture & Development

Choose the correct answer:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (c)C.

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

Why this answer is correct

The correct answer is 'A-I, B-II, C-III, D-IV'

Key Points

  • Matching LIST-I with LIST-II:
  • A. J. Donnelly & D.J. Whelar - I. International Human Rights: J. Donnelly & D.J. Whelar are renowned authors in the field of human rights. Their works focus on the principles, norms, and practices of international human rights.
  • B. L. Rajamani & J. Peel - II. The Oxford Handbook of International Environmental Law: B. L. Rajamani & J. Peel have contributed to the Oxford Handbook, which is a comprehensive reference on international environmental law addressing global challenges and legal responses.
  • C. Karnika Seth - III. Computers, Internet and New Technology Laws: Karnika Seth is an expert in cyber laws, and her book delves into legal frameworks surrounding computers, the internet, and emerging technologies.
  • D. J. Gibson - IV. Patenting Lives: Life Patents, Culture & Development: D. J. Gibson's work explores the ethical, cultural, and developmental implications of life patents, focusing on biotechnological advancements.

Additional Information

  • Analysis of Incorrect Options:
  • Option 1 (A-II, B-I, C-IV, D-III): This option incorrectly matches the authors/editors to the books. For example, J. Donnelly & D.J. Whelar have not authored "The Oxford Handbook of International Environmental Law," and Karnika Seth has not written about life patents.
  • Option 2 (A-I, B-IV, C-II, D-III): This option mixes up the correct assignments. For instance, B. L. Rajamani & J. Peel are not associated with "Patenting Lives," and Karnika Seth did not contribute to environmental law.
  • Option 4 (A-III, B-II, C-I, D-IV): This option incorrectly swaps the assignments entirely. J. Donnelly & D.J. Whelar are not involved in cyber laws, and B. L. Rajamani & J. Peel are not focused on human rights.
  • Importance of Accurate Matching:
  • Accurate matching of authors/editors with their works is crucial in understanding their contributions to specific fields.
  • It helps students and researchers identify relevant resources for their studies and research purposes.

Question 23

Which of the following is not a general defence under Torts?

A- Mistake

B- Remoteness

C- Necessity

D- Consent

Choose the correct answer from the options given below:

  1. AOption (a)

    A and B Only

  2. BOption (b)

    C Only

  3. COption (c)

    C and D Only

  4. DOption (d)

    B Only

View answer & explanation

Correct answer

Answer: (d)D.

B Only

Why this answer is correct

The correct answer is 'B Only'

Key Points

  • General Defences under Torts:
  • General defences in tort law are legal justifications that a defendant can use to avoid liability for an alleged wrongful act.
  • These defences include situations where the defendant's act may otherwise be tortious but is excused due to specific legal principles.
  • The common general defences under tort law are consent, necessity, mistake, and remoteness, among others.
  • Remoteness of Damage:
  • Remoteness of damage is not considered a general defence in tort law. It is a principle used to limit liability by determining whether the damage caused was too remote or unforeseeable to hold the defendant liable.
  • This concept focuses on whether the harm suffered by the plaintiff was a direct and foreseeable result of the defendant's actions, rather than serving as a defence to justify the wrongful act.
  • As it does not excuse the act itself, remoteness of damage does not fall under general defences.

Additional Information

  • Consent:
  • Consent is a general defence where the plaintiff voluntarily agrees to the risk of harm, thereby excusing the defendant from liability.
  • For instance, if someone participates in a contact sport, they consent to the ordinary risks associated with the game.
  • Necessity:
  • Necessity is a defence used when the defendant's actions are necessary to prevent greater harm. For example, trespassing onto someone's property to save a life may be justified under necessity.
  • This defence is recognized as a valid justification for certain tortious acts.
  • Mistake:
  • Mistake refers to a defence where the defendant acted under an honest and reasonable belief that their actions were justified. However, this defence is limited and is not universally applicable in tort law.
  • For example, if someone accidentally trespasses on land believing it to be their own, they might plead mistake.

Question 24

Which of the following Canadian Legislation does not have provisions related to Federation?

  1. AOption (a)

     Law of Federation, 1802

  2. BOption (b)

    British North America Act, 1867

  3. COption (c)

    Constitution Act, 1982

  4. DOption (d)

    Constitution Act, 1867

View answer & explanation

Correct answer

Answer: (a)A.

 Law of Federation, 1802

Why this answer is correct

The correct answer is 'Law of Federation, 1802'

Key Points

  • Law of Federation, 1802:
  • The "Law of Federation, 1802" is not a recognized piece of Canadian legislation. It is either fictional or inaccurately represented in this context.
  • Canada's federation was officially established in 1867 with the British North America Act, and no legislative framework under the name "Law of Federation, 1802" has any association with Canadian constitutional development.
  • As this does not pertain to Canadian Federation, it is the correct answer to the question.

Additional Information

  • British North America Act, 1867:
  • This act, also known as the Constitution Act, 1867, is one of the foundational documents of Canada’s Federation.
  • It established Canada as a federal dominion, dividing powers between the federal government and the provinces.
  • It laid the groundwork for Canada's political structure, including its system of government and division of powers.
  • Constitution Act, 1982:
  • The Constitution Act, 1982, is a key piece of Canadian legislation that patriated the Constitution from Britain and added the Charter of Rights and Freedoms.
  • It also clarified and reinforced the federal structure of Canada, including an amendment process and recognition of Indigenous rights.
  • Thus, it is directly related to the provisions of Canada's Federation.
  • Constitution Act, 1867:
  • This is the same as the British North America Act, 1867, and is foundational to Canada's Federation.
  • It divided legislative powers between the federal and provincial governments, establishing a federal system.
  • It remains a central part of Canada’s constitutional framework and is directly related to Federation.

Question 25

What are the duties of a bailee as provided under the Indian Contract Act?

A- Duty to take reasonable care of the goods bailed.

B- Duty not to make unauthorized use of the goods.

C- Duty not to mix bailor's goods with his own goods.

D- Duty to return the goods on fulfilment of the purpose.

E- Duty not to deliver to the bailor increase or profit on the goods bailed.

Choose the correct answer from the options given below:

  1. AOption (a)

    B, C, D, E Only

  2. BOption (b)

    C, D, E, A Only

  3. COption (c)

    D, E, B, A Only

  4. DOption (d)

    A, B, C, D Only

View answer & explanation

Correct answer

Answer: (d)D.

A, B, C, D Only

Why this answer is correct

The correct answer is 'A, B, C, D Only'

Key Points

  • Duties of a bailee under the Indian Contract Act:
  • Duty to take reasonable care of the goods bailed: The bailee is obligated to take as much care of the goods entrusted to them as a prudent person would take of their own goods under similar circumstances. Negligence or failure to do so can make the bailee liable for any loss or damage.
  • Duty not to make unauthorized use of the goods: The bailee must use the goods only for the purpose specified in the contract of bailment. Unauthorized use can lead to liability for losses or damages and may even terminate the contract.
  • Duty not to mix bailor's goods with their own goods: The bailee must keep the bailor's goods separate from their own. Mixing goods without the bailor's consent can lead to legal consequences, including liability for damages.
  • Duty to return the goods on fulfillment of the purpose: Once the purpose of bailment is achieved or the agreed-upon time expires, the bailee is bound to return the goods to the bailor or as directed by the bailor.

Additional Information

  • Duty not to deliver to the bailor increase or profit on the goods bailed:
  • This duty is not a valid provision under the Indian Contract Act. In fact, any increase, profit, or accrual on the goods bailed must be returned to the bailor. For instance, if a cow is bailed and it gives birth to a calf, the calf must be returned along with the cow.
  • Therefore, Option E is incorrect and does not form part of the duties of a bailee.
  • Options that include incorrect duties:
  • Option 1 (B, C, D, E Only): Incorrect because it includes duty E, which is not valid under the Indian Contract Act.
  • Option 2 (C, D, E, A Only): Incorrect because it includes duty E and excludes duty B, which is an essential duty of a bailee.
  • Option 3 (D, E, B, A Only): Incorrect as it includes duty E, which is not a valid duty of a bailee.

Question 26

Match the LIST-I with LIST-II

LIST-I (Authors/Editors)LIST-II (Title of Books)
A. Rainer ArnoldI. International Humanitarian Law
B. Vandana ShivaII. The Universalism of Human Rights
C. Lenzerini FedericoIII. Biopiracy: The Plunder of Nature & Knowledge
D. Emily Crawford & Alison PertIV. The Culturalisation of Human Right Law

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (a)A.

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

Why this answer is correct

The correct answer is 'A-II, B-III, C-IV, D-I'

Key Points

  • Matching LIST-I (Authors/Editors) with LIST-II (Title of Books):
  • A. Rainer Arnold - II. The Universalism of Human Rights: Rainer Arnold is a renowned scholar in the field of constitutional law and human rights. His work, "The Universalism of Human Rights," discusses the concept of universal human rights and their significance in international law.
  • B. Vandana Shiva - III. Biopiracy: The Plunder of Nature & Knowledge: Vandana Shiva is an environmental activist and author. Her book "Biopiracy" explores the unethical exploitation of natural resources and indigenous knowledge by corporations and developed nations.
  • C. Lenzerini Federico - IV. The Culturalisation of Human Rights Law: Federico Lenzerini is known for his contributions to international human rights law. His book "The Culturalisation of Human Rights Law" examines how cultural diversity impacts the interpretation and application of human rights.
  • D. Emily Crawford & Alison Pert - I. International Humanitarian Law: Emily Crawford and Alison Pert are experts in international law. Their book "International Humanitarian Law" focuses on the legal frameworks governing armed conflicts and the protection of individuals during war.

Additional Information

  • Explanation of Incorrect Options:
  • Option 2 (A-I, B-II, C-III, D-IV): This incorrectly matches Rainer Arnold with "International Humanitarian Law," which is not his area of expertise, and swaps the authors and titles inaccurately.
  • Option 3 (A-II, B-I, C-IV, D-III): This option wrongly assigns Vandana Shiva to "International Humanitarian Law," which does not align with her environmental activism and writing. Other mismatches are also present.
  • Option 4 (A-IV, B-III, C-I, D-II): This option incorrectly matches Rainer Arnold with "The Culturalisation of Human Rights Law" and misplaces other authors and titles, failing to recognize their respective areas of expertise.

Question 27

Which of the following decisions are related to extradition:

A- Savarkar case

B- Abu Salem case

C- Castioni, re case

D- Meunier, re case

E- Paquete Habana case

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, C Only

  2. BOption (b)

    B, C, D, E Only

  3. COption (c)

    A, B, C, D Only

  4. DOption (d)

    A, B, D, E Only

View answer & explanation

Correct answer

Answer: (c)C.

A, B, C, D Only

Why this answer is correct

The correct answer is 'A, B, C, D Only'

Key Points

  • Extradition:
  • Extradition refers to the formal process by which one country surrenders an individual to another country for prosecution or punishment for crimes committed in the requesting country's jurisdiction.
  • It is governed by treaties, international law, and domestic legal provisions of the countries involved.
  • Cases Related to Extradition:
  • Savarkar Case: This historical case involves the extradition of Vinayak Damodar Savarkar from France to British India. It highlights the legal principles and diplomatic challenges surrounding extradition at the time.
  • Abu Salem Case: Abu Salem, an Indian gangster, was extradited from Portugal to India. This case demonstrated the role of extradition treaties and international cooperation in criminal justice systems.
  • Castioni, Re Case: A key case in extradition law that established principles regarding political offenses and their exemption from extradition. It is significant in shaping the criteria under which extradition can be denied.
  • Meunier, Re Case: Another notable case in extradition law, dealing with the interpretation of political offenses and further clarifying the circumstances under which extradition can occur.

Additional Information

  • Paquete Habana Case:
  • This case is unrelated to extradition. It deals with international law, specifically the protection of fishing vessels during wartime. It has no connection to the legal principles governing extradition.
  • Its inclusion in the options is incorrect, as it does not pertain to the subject of extradition.
  • Why Option 3 Is Correct:
  • Option 3 includes cases (A, B, C, D) that are directly or indirectly related to extradition, making it the correct answer.
  • Option 2 and Option 4 exclude relevant cases like the Savarkar case or include irrelevant ones like Paquete Habana, making them incorrect.

Question 28

Which of the following are correct about 'Rule of Law'?

A- It is derived from French phrase "La principe de legalite"

B- It is called supremacy of law

C- It promotes arbitrary governance

D- Decisions could be made by discretion only

Choose the correct answer from the options given below:

  1. AOption (a)

    B, C Only

  2. BOption (b)

    C, D Only

  3. COption (c)

    A, D Only

  4. DOption (d)

     A, B Only

View answer & explanation

Correct answer

Answer: (d)D.

 A, B Only

Why this answer is correct

The correct answer is 'A, B Only'

Key Points

  • Rule of Law:
  • The concept of "Rule of Law" is a fundamental principle in constitutional and legal systems worldwide. It signifies that no one is above the law and that every individual is subject to the law, including lawmakers, government officials, and citizens.
  • The phrase is derived from the French term "La principe de legalite," which translates to the principle of legality, emphasizing governance based on laws rather than arbitrary power.
  • The Rule of Law ensures the supremacy of law, meaning the law is the ultimate authority, not individuals or institutions.

Additional Information

  • Explanation of Incorrect Options:
  • Option C (It promotes arbitrary governance): This is incorrect because the Rule of Law explicitly opposes arbitrary governance. It ensures that decisions are made based on established laws and principles, not the whims of individuals or groups.
  • Option D (Decisions could be made by discretion only): This is also incorrect as the Rule of Law mandates that decisions must be based on legal principles, fairness, and justice rather than unchecked discretion. Discretionary power, if any, must be exercised within the boundaries of the law.
  • Importance of Rule of Law:
  • It ensures equality before the law, protecting individuals from discrimination and arbitrary actions.
  • It safeguards fundamental rights by holding authorities accountable for their actions.
  • The Rule of Law is a cornerstone of democratic governance and a just society, ensuring predictability and fairness in the legal system.

Question 29

From which country, Part IV of the Indian Constitution is borrowed?

  1. AOption (a)

    Russia

  2. BOption (b)

     Ireland

  3. COption (c)

    USA

  4. DOption (d)

    Spain

View answer & explanation

Correct answer

Answer: (b)B.

 Ireland

Why this answer is correct

The correct answer is 'Ireland'

Key Points

  • Part IV of the Indian Constitution - Directive Principles of State Policy (DPSP):
  • The Directive Principles of State Policy (DPSP) are enshrined in Part IV of the Indian Constitution (Articles 36-51).
  • These principles act as guidelines for the state to frame policies and laws in order to establish social and economic democracy in the country.
  • The concept of DPSP is borrowed from the Constitution of Ireland, where they are known as "Directive Principles of Social Policy."
  • The framers of the Indian Constitution adopted these principles to ensure a welfare state and to guide the government in implementing policies aimed at improving the standard of living and reducing inequalities in society.

Additional Information

  • Explanation of other options:
  • Russia:
  • The concept of fundamental duties in the Indian Constitution (added by the 42nd Amendment in 1976) is inspired by the Constitution of Russia (erstwhile USSR).
  • However, Russia does not influence the Directive Principles of State Policy.
  • USA:
  • India borrowed features like the Fundamental Rights and the structure of a federal government with a strong central authority from the US Constitution.
  • However, the US Constitution does not have a provision similar to the Directive Principles of State Policy.
  • Spain:
  • The idea of a parliamentary system of government with a President as the nominal head and a Prime Minister as the executive head, which India follows, is partially influenced by Spain.
  • Spain does not contribute to the concept of Directive Principles of State Policy.
  • Significance of DPSP in Indian Constitution:
  • Although DPSPs are non-justiciable (not enforceable by a court of law), they are fundamental in the governance of the country and aim to establish a just society.
  • They encompass ideals such as the right to work, equitable distribution of resources, equal pay for equal work, and promotion of international peace and security.

Question 30

Match the LIST-I with LIST-II

LIST-I (Maxim)LIST-II (Meaning)
A. Erga OmnesI. Relation to all
B. Jus CogensII. Peremptory norm
C. Pacta Sunt ServandaIII. Agreements are to be respected
D. Rebus Sic StantibusIV. Essential circumstances remain unchanged

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (c)C.

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

Why this answer is correct

The correct answer is 'A-I, B-II, C-III, D-IV'

Key Points

  • A. Erga Omnes - Relation to all (I):
  • The term "Erga Omnes" is a Latin phrase meaning "towards all" or "in relation to everyone." In international law, it refers to obligations or norms that are owed to the international community as a whole.
  • These norms are binding on all states and cannot be violated by any member of the international community.
  • Examples of Erga Omnes obligations include prohibitions against genocide, slavery, and racial discrimination.
  • B. Jus Cogens - Peremptory norm (II):
  • "Jus Cogens" refers to fundamental principles of international law that are universally recognized and cannot be overridden by treaties or agreements.
  • These norms are considered mandatory and non-derogable, meaning they cannot be violated under any circumstances.
  • Examples include the prohibition of torture, piracy, and aggression.
  • C. Pacta Sunt Servanda - Agreements are to be respected (III):
  • "Pacta Sunt Servanda" is a foundational principle in international law that states agreements and treaties must be kept and honored by the parties involved.
  • This principle emphasizes the importance of maintaining trust and stability in international relations.
  • It reflects the binding nature of international treaties, as long as they do not conflict with Jus Cogens norms.
  • D. Rebus Sic Stantibus - Essential circumstances remain unchanged (IV):
  • "Rebus Sic Stantibus" is a principle in international law that allows for the termination or modification of treaties if there is a fundamental change in the circumstances under which the treaty was concluded.
  • This principle ensures flexibility in international agreements, acknowledging that significant changes in circumstances can render a treaty impractical or irrelevant.
  • However, it is applied cautiously to prevent misuse and uphold treaty obligations.

Additional Information

  • Incorrect options and explanations:
  • Option 1 (A-IV, B-III, C-II, D-I): This incorrectly matches "Erga Omnes" with "Essential circumstances remain unchanged," which does not align with its meaning of obligations owed to all. Similarly, other pairings in this option are misplaced.
  • Option 2 (A-III, B-IV, C-II, D-I): This incorrectly matches "Erga Omnes" with "Agreements are to be respected," which is unrelated to its collective obligation meaning. Other pairings are also incorrect here.
  • Option 4 (A-III, B-I, C-II, D-IV): This incorrectly matches "Erga Omnes" with "Agreements are to be respected" and "Jus Cogens" with "Relation to all," which misrepresents the meanings of these legal principles.

Question 31

Which of the following rules are related with 'nulla poena sine lege'?

A- Retroactivity of Penal Laws

B- Strict Construction

C- Certainty in Legislation

D- Accessibility of the law

E- Liberal Interpretation

Choose the correct answer:

  1. AOption (a)

    C, D, E Only

  2. BOption (b)

    A, B, E Only

  3. COption (c)

    A, D, E Only

  4. DOption (d)

    B, C, D Only

View answer & explanation

Correct answer

Answer: (d)D.

B, C, D Only

Why this answer is correct

The correct answer is 'B, C, D Only'

Key Points

  • Nulla Poena Sine Lege:
  • "Nulla poena sine lege" is a fundamental principle of criminal law that means "no penalty without a law."
  • This principle ensures that individuals cannot be punished for actions that were not defined as criminal at the time they were committed. It safeguards against arbitrary punishment and upholds the rule of law.
  • It is a cornerstone of legal certainty, requiring clarity, accessibility, and strict interpretation of penal laws.
  • B (Strict Construction):
  • Strict construction of penal laws is essential to ensure that laws are interpreted narrowly and applied only to the situations expressly defined by the legislature.
  • It prevents the judiciary from expanding the scope of criminal liability beyond what the law explicitly states.
  • C (Certainty in Legislation):
  • The principle of "nulla poena sine lege" requires legal certainty, meaning laws must clearly define prohibited actions and penalties.
  • Certainty ensures that individuals can foresee the consequences of their actions and adjust their behavior accordingly.
  • D (Accessibility of the Law):
  • Accessibility of the law ensures that the public can readily access and understand the legal provisions, including criminal laws.
  • This aspect is vital for the principle of "nulla poena sine lege" as individuals should be able to ascertain what behavior is criminal without ambiguity.

Additional Information

  • A (Retroactivity of Penal Laws):
  • Retroactivity of penal laws contradicts the principle of "nulla poena sine lege," as it involves punishing individuals for acts that were not criminal at the time they were committed.
  • This option is incorrect because "nulla poena sine lege" strictly prohibits retroactive application of criminal laws.
  • E (Liberal Interpretation):
  • Liberal interpretation is inconsistent with the strict construction required by "nulla poena sine lege." Penal laws must be interpreted narrowly to avoid unjust expansion of criminal liability.
  • This option is incorrect because liberal interpretation could lead to arbitrary and unfair application of penal laws.

Question 32

Which provision of the Companies Act, 2013 identifies shares and debentures as movable property?

  1. AOption (a)

    Section 44

  2. BOption (b)

    Section 45

  3. COption (c)

    Section 46

  4. DOption (d)

    Section 47

View answer & explanation

Correct answer

Answer: (a)A.

Section 44

Why this answer is correct

The correct answer is 'Section 44 of the Companies Act, 2013'

Key Points

  • Section 44 of the Companies Act, 2013:
  • Section 44 explicitly states that shares or debentures or other securities issued by a company are considered movable property.
  • This provision ensures that shares and debentures are treated as tangible assets that can be transferred according to the regulations of the Companies Act, 2013.
  • By classifying shares and debentures as movable property, the Act facilitates their easy transferability, which is a key feature of securities in a corporate environment.
  • The recognition of shares and debentures as movable property is essential for their trading on stock exchanges, enabling liquidity for shareholders and investors.

Additional Information

  • Overview of other options:
  • Section 45: This section pertains to the numbering of shares. It mandates that every share in a company must have a distinct number unless they are fully paid-up shares issued in dematerialized form. It does not discuss the classification of shares as movable property.
  • Section 46: This section deals with the issuance of share certificates. It outlines the legal provisions regarding the format, signing, and issuance of certificates for shares. It is unrelated to the classification of shares and debentures as movable property.
  • Section 47: Section 47 specifies voting rights of shareholders, including the voting rights of equity shareholders and preference shareholders. It does not address the property status of shares or debentures.
  • Significance of Section 44:
  • Section 44 ensures clarity in the legal framework by defining the nature of shares and debentures, making them subject to laws applicable to movable property.
  • This classification is vital for legal disputes, taxation, and corporate governance as it provides a definitive legal status to these securities.

Question 33

Which of the following is not true in the context of a promissory note?

  1. AOption (a)

    It must be in writing and signed by the maker

  2. BOption (b)

    There must be an undertaking or promise to pay

  3. COption (c)

    Such a promise must be conditional

  4. DOption (d)

    The promise must be in respect of payment of money only

View answer & explanation

Correct answer

Answer: (c)C.

Such a promise must be conditional

Why this answer is correct

The correct answer is 'Such a promise must be conditional'

Key Points

  • Promissory Note:
  • A promissory note is a financial instrument that contains a written promise by one party (the maker) to pay a specific sum of money to another party (the payee) either on demand or at a specified future date.
  • It is a legally binding document that must adhere to specific requirements under the Negotiable Instruments Act, 1881.
  • Reason for the correct answer:
  • For a promissory note to be valid, the promise to pay must be unconditional. If the promise is conditional, it does not fulfill the legal definition of a promissory note.
  • The essence of a promissory note is to ensure certainty in the payment obligation without any contingencies or conditions attached.

Additional Information

  • Explanation of other options:
  • It must be in writing and signed by the maker: This is true because a promissory note must be in written form and bear the signature of the maker to be legally enforceable.
  • There must be an undertaking or promise to pay: This is correct as the fundamental purpose of a promissory note is to establish an explicit promise to pay a certain amount.
  • The promise must be in respect of payment of money only: This is valid because a promissory note cannot promise payment in goods or services; it must relate exclusively to the payment of money.
  • Additional Insights:
  • A promissory note must also specify the amount, the name of the payee, and the terms of payment to avoid ambiguity.
  • It is a negotiable instrument, which means it can be transferred to another party, giving the holder the right to claim the payment.
  • Promissory notes are widely used in business and personal transactions to formalize loans or credit agreements.

Question 34

United States Ombudsman Association was founded in which year?

  1. AOption (a)

    1977

  2. BOption (b)

    1976

  3. COption (c)

    1956

  4. DOption (d)

    1986

View answer & explanation

Correct answer

Answer: (a)A.

1977

Why this answer is correct

The correct answer is '1977'

Key Points

  • United States Ombudsman Association:
  • The United States Ombudsman Association (USOA) was founded in 1977 as a professional organization dedicated to supporting and promoting the role of public sector ombudsmen in the United States.
  • Its primary focus is on public sector ombudsmen who address complaints and mediate disputes between citizens and government agencies, ensuring accountability and fairness.
  • USOA provides training, resources, and networking opportunities to enhance the effectiveness of ombudsman offices and improve governance practices.
  • The association plays a vital role in fostering transparency and accountability within governmental institutions while advocating for the rights of citizens.

Additional Information

  • Explanation of Incorrect Options:
  • 1956: This option is incorrect because the idea of establishing a public sector ombudsman in the United States gained traction much later, and no professional association like USOA existed during this time.
  • 1976: While close to the correct answer, this option is incorrect as USOA was officially founded in 1977, not 1976.
  • 1986: By this time, USOA was already established and actively functioning, so this date does not align with its founding year.
  • Role of Ombudsmen:
  • Ombudsmen serve as neutral intermediaries to address grievances, mediate disputes, and ensure fair treatment in public administration.
  • They are essential for promoting trust and reducing friction between citizens and government entities.

Question 35

Arrange the following provisions pertaining to procedure of granting patent (section-wise) in its correct sequence:

A- Time for putting application in order for grant

B- Request for examination

C- Publication of application

D- Priority date of claims of a complete specification

E- Mention of inventor as such in patent

Choose the correct answer:

  1. AOption (a)

    D, C, B, A, E

  2. BOption (b)

    B, C, D, A, E

  3. COption (c)

    E, A, D, C, B

  4. DOption (d)

    A, E, B, C, D

View answer & explanation

Correct answer

Answer: (a)A.

D, C, B, A, E

Why this answer is correct

The correct answer is 'D, C, B, A, E'

Key Points

  • Overview of the patent granting procedure in India:
  • The process of granting a patent involves specific provisions under the Indian Patents Act, 1970. These provisions are designed to ensure proper scrutiny and evaluation before granting exclusive rights to the applicant.
  • The sequence of these provisions is crucial, as each step builds upon the previous one, ensuring that the application is thoroughly reviewed and complies with legal requirements.
  • Correct sequence explained:
  • Priority date of claims of a complete specification (Section 11): The priority date establishes the date from which the applicant claims rights over the invention. This is a critical step as it determines the novelty of the invention in relation to prior art.
  • Publication of application (Section 11A): After filing, the application is published in the official journal, making it accessible to the public. This allows interested parties to raise objections or file oppositions if necessary.
  • Request for examination (Section 11B): After publication, the applicant must file a request for examination. This initiates the substantive examination process to check the patentability of the invention.
  • Time for putting application in order for grant (Section 21): If there are deficiencies identified during examination, the applicant is given time to rectify them and put the application in order for grant.
  • Mention of inventor as such in patent (Section 28): Once the patent is granted, the inventor's name is mentioned as such in the patent document, acknowledging their contribution.

Additional Information

  • Incorrect options explained:
  • Option 2 (B, C, D, A, E): This sequence incorrectly places the request for examination before the publication of the application. The application must be published first to allow public scrutiny before examination begins.
  • Option 3 (E, A, D, C, B): This sequence incorrectly begins with the mention of the inventor, which is the last step in the process. It also places the time for putting the application in order before establishing the priority date and publication.
  • Option 4 (A, E, B, C, D): This sequence wrongly places the time for putting the application in order and the mention of the inventor as the initial steps, which disrupts the logical flow of the patent granting process.
  • Importance of following the correct sequence:
  • Adhering to the proper sequence ensures compliance with the legal framework and avoids delays or rejection of the patent application.
  • Each step serves a specific purpose, from establishing rights, public scrutiny, thorough examination, and finally granting recognition to the inventor.

Question 36

Arrange the following provisions as per the correct order in the Indian Constitution (Article-wise):

A- Failure of Constitutional Machinery in State

B- Proclamation of Emergency

C- Financial Emergency

D- Suspension of Article 19 during emergency

Choose the correct answer:

  1. AOption (a)

    B, A, D, C

  2. BOption (b)

    A, B, C, D

  3. COption (c)

    B, C, D, A

  4. DOption (d)

    D, A, B, C

View answer & explanation

Correct answer

Answer: (a)A.

B, A, D, C

Why this answer is correct

The correct answer is 'B, A, D, C'

Key Points

  • Proclamation of Emergency (Article 352):
  • Article 352 of the Indian Constitution allows the President to declare a national emergency if there is a threat to the security of India or any part of its territory due to war, external aggression, or armed rebellion.
  • During this period, the central government gains extensive powers, and the federal structure of governance is altered temporarily.
  • It is the first provision in the context of emergencies outlined in the Constitution.
  • Failure of Constitutional Machinery in State (Article 356):
  • Article 356 deals with the imposition of President's Rule in a state when the state government fails to operate in accordance with the Constitution.
  • This provision allows the central government to take over the functions of the state government.
  • It follows Article 352 and addresses state-level emergencies.
  • Suspension of Article 19 during Emergency (Article 358):
  • Article 358 specifically provides for the suspension of Fundamental Rights under Article 19 during the operation of a national emergency under Article 352.
  • It ensures that restrictions can be placed on freedoms such as speech, assembly, and movement to address emergency situations.
  • This provision is linked to the rights of citizens during an emergency and comes after Article 356.
  • Financial Emergency (Article 360):
  • Article 360 allows the President to declare a financial emergency if the financial stability or credit of India is threatened.
  • During a financial emergency, the central government can direct states to implement financial measures to restore stability.
  • This is the last provision related to emergencies in the Constitution.

Additional Information

  • Explanation of Incorrect Options:
  • Option 2 (A, B, C, D): This option incorrectly places 'Failure of Constitutional Machinery in State' (Article 356) before 'Proclamation of Emergency' (Article 352), which is not the correct chronological order.
  • Option 3 (B, C, D, A): Here, 'Financial Emergency' (Article 360) is placed before 'Suspension of Article 19' (Article 358) and 'Failure of Constitutional Machinery in State' (Article 356). This sequence is incorrect as 'Financial Emergency' is the last provision in the order.
  • Option 4 (D, A, B, C): This option starts with 'Suspension of Article 19' (Article 358), which is incorrect as it is a provision that follows 'Proclamation of Emergency' (Article 352) and 'Failure of Constitutional Machinery' (Article 356).

Question 37

In which of the following case, the Supreme Court of India struck down Section 66A of the Information Technology Act, 2000 as unconstitutional?

  1. AOption (a)

    Shreya Singhal v/s U.O.I

  2. BOption (b)

    Ajay Canu v/s U.O.I

  3. COption (c)

    Tata Cellular v/s U.O.I

  4. DOption (d)

    Supreme Court Bar Association v/s U.O.I

View answer & explanation

Correct answer

Answer: (a)A.

Shreya Singhal v/s U.O.I

Why this answer is correct

The correct answer is 'Shreya Singhal v/s U.O.I'

Key Points

  • Shreya Singhal v/s Union of India:
  • In this landmark case, the Supreme Court of India struck down Section 66A of the Information Technology Act, 2000 as unconstitutional.
  • Section 66A criminalized the sending of offensive messages through electronic communication but was criticized for its vague and broad wording, leading to misuse and suppression of free speech.
  • The petitioners argued that the provision violated the fundamental right to freedom of speech and expression guaranteed under Article 19(1)(a) of the Indian Constitution.
  • The Supreme Court ruled that Section 66A was unconstitutional, as it infringed upon the right to free speech and was not a reasonable restriction under Article 19(2).
  • The judgment was a pivotal moment in protecting digital freedom and curbing arbitrary censorship in India.

Additional Information

  • Ajay Canu v/s Union of India:
  • This case dealt with the validity of helmet laws for two-wheeler riders and focused on safety regulations, not freedom of speech or Section 66A.
  • The court upheld the helmet laws as a reasonable restriction for the safety of individuals.
  • Tata Cellular v/s Union of India:
  • This case revolved around judicial review of administrative decisions, particularly in the context of awarding tenders and contracts.
  • The judgment emphasized the principles of fairness, transparency, and rationality in administrative actions but did not concern Section 66A or free speech.
  • Supreme Court Bar Association v/s Union of India:
  • This case focused on the disciplinary powers of the Supreme Court over advocates and dealt with professional conduct and judicial authority.
  • The case did not address issues related to Section 66A or the right to freedom of speech.

Question 38

Which of the following Article is referred to be the heart and soul of the Indian Constitution?

  1. AOption (a)

    Article 32

  2. BOption (b)

    Article 21

  3. COption (c)

    Article 14

  4. DOption (d)

    Article 226

View answer & explanation

Correct answer

Answer: (a)A.

Article 32

Why this answer is correct

The correct answer is 'Article 32'

Key Points

  • About Article 32:
  • Article 32 of the Indian Constitution is famously referred to as the "heart and soul" of the Constitution by Dr. B.R. Ambedkar.
  • It guarantees the right to constitutional remedies, empowering citizens to approach the Supreme Court directly for the enforcement of fundamental rights.
  • Article 32 provides the Supreme Court authority to issue writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari to ensure justice is upheld.
  • This Article is crucial for protecting fundamental rights and acts as the cornerstone of the judicial system in India, ensuring that no citizen's rights are violated without recourse to justice.

Additional Information

  • About other Articles:
  • Article 21:
  • Article 21 ensures the protection of life and personal liberty except according to the procedure established by law.
  • While it is one of the most significant fundamental rights, it is not referred to as the "heart and soul" of the Constitution.
  • Its scope has been expanded by judicial interpretations, but it does not encompass the right to constitutional remedies directly.
  • Article 14:
  • Article 14 guarantees equality before the law and equal protection of the laws to all citizens.
  • It is fundamental to the concept of equality but does not provide direct mechanisms for enforcement of rights like Article 32.
  • Article 226:
  • Article 226 empowers High Courts to issue writs for enforcement of fundamental rights and for other purposes.
  • While it complements Article 32, it is not considered the "heart and soul" of the Constitution because Article 32 specifically addresses the Supreme Court's role in protecting rights.

Question 39

**“International law is the body of rules and principles of action which are binding upon civilised states in their relations with one another”. This definition is attributed to whom of the following?**​

  1. AOption (a)

    Oppenheim

  2. BOption (b)

    J.L. Brierly

  3. COption (c)

    J.G. Starke

  4. DOption (d)

    Jerry Bentham

View answer & explanation

Correct answer

Answer: (b)B.

J.L. Brierly

Why this answer is correct

The correct answer is 'J.L. Brierly'

Key Points

  • Definition of International Law by J.L. Brierly:
  • J.L. Brierly, a renowned legal scholar, defined international law as “the body of rules and principles of action which are binding upon civilized states in their relations with one another.”
  • This definition emphasizes the binding nature of international law and its role in governing interactions among sovereign states.
  • Brierly's approach reflects the traditional view of international law, focusing on states as the primary subjects and the principles regulating their behavior in the international arena.
  • The definition underscores the importance of mutual consent and respect for international norms to maintain global order and cooperation.

Additional Information

  • Overview of Other Options:
  • Oppenheim:
  • Lassa Oppenheim, another prominent scholar, defined international law as “a law of nations” that regulates relations between sovereign states and entities. His definition also emphasized the importance of sovereignty and international cooperation but was less specific than Brierly's about the binding nature of these rules.
  • Though significant, Oppenheim's definition was not as concise and action-oriented as Brierly's.
  • J.G. Starke:
  • J.G. Starke provided a more modern and comprehensive perspective on international law, focusing on its evolving nature to include individuals and international organizations as subjects alongside states.
  • However, his definition did not align with the traditional approach Brierly took.
  • Jeremy Bentham:
  • Jeremy Bentham was the first to coin the term “international law.” He described it as a set of rules governing relations between nations.
  • His contribution was foundational, but his definition lacked the detailed emphasis on binding principles seen in Brierly's work.
  • Importance of International Law:
  • International law plays a vital role in maintaining global peace, resolving disputes, and fostering cooperation among states.
  • It evolves with changing global dynamics, incorporating new subjects like international organizations, corporations, and individuals.
  • Scholars like Brierly and others have contributed significantly to shaping and defining its scope and application.

Question 40

Which of the following UN organization addresses the global justice concerns?

  1. AOption (a)

    Trusteeship Council

  2. BOption (b)

    General Assembly

  3. COption (c)

    International Court of Justice

  4. DOption (d)

    Security Council

View answer & explanation

Correct answer

Answer: (c)C.

International Court of Justice

Why this answer is correct

The correct answer is 'International Court of Justice'

Key Points

  • International Court of Justice:
  • The International Court of Justice (ICJ) is the principal judicial organ of the United Nations, established in 1945 under the UN Charter.
  • Its primary role is to settle legal disputes between states and provide advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies.
  • The ICJ addresses global justice concerns by interpreting and applying international law to resolve conflicts and uphold international legal norms.
  • Located in The Hague, Netherlands, the ICJ operates independently from other UN bodies and ensures impartiality in its proceedings.
  • It is composed of 15 judges elected by the UN General Assembly and Security Council, representing major legal systems of the world.

Additional Information

  • Trusteeship Council:
  • The Trusteeship Council was established to oversee the administration of trust territories and ensure their transition to self-governance or independence.
  • Its mandate was primarily related to decolonization and the management of territories under trusteeship, not addressing global justice concerns.
  • The Council has suspended operations since the last trust territory gained independence in 1994.
  • General Assembly:
  • The General Assembly is the main deliberative body of the UN, comprising all member states.
  • While it discusses and passes resolutions on global issues, it does not directly settle disputes or enforce justice as the ICJ does.
  • It has a political, not judicial, role in addressing international concerns.
  • Security Council:
  • The Security Council is responsible for maintaining international peace and security, primarily through political and military measures.
  • Although it can refer disputes to the ICJ, its role is focused on conflict resolution and enforcement actions rather than delivering justice through legal mechanisms.

Question 41

Which of the following is not a guardian under the Hindu Minority and Guardianship Act, 1956?

A- Guardian for Marriage

B- Maternal Guardian

C- Testamentary Guardian

D- Guardian by Affinity

Choose the correct answer:

  1. AOption (a)

    A and B Only

  2. BOption (b)

    A Only

  3. COption (c)

    C and D Only

  4. DOption (d)

    C Only

View answer & explanation

Correct answer

Answer: (b)B.

A Only

Why this answer is correct

The correct answer is 'A Only'

Key Points

  • Hindu Minority and Guardianship Act, 1956:
  • The Hindu Minority and Guardianship Act, 1956 governs guardianship of minors in Hindu law.
  • The Act specifies different types of guardians who can be legally recognized for a minor, including natural guardians, testamentary guardians, and guardians appointed or declared by the court.
  • It defines the rights and duties of these guardians, and the welfare of the child is considered paramount in all decisions regarding guardianship.
  • Guardian for Marriage:
  • The concept of a "guardian for marriage" is not recognized under the Hindu Minority and Guardianship Act, 1956.
  • The Act deals with guardianship of minors for their person and property, and marriage-related guardianship falls outside its scope.
  • Maternal Guardian:
  • Maternal guardianship is recognized under certain circumstances but not explicitly outlined in the Act.
  • The Act primarily recognizes natural guardians such as the father and, after him, the mother.
  • Testamentary Guardian:
  • Testamentary guardianship refers to a guardian appointed through a will by a parent who has the legal authority to do so.
  • The Hindu Minority and Guardianship Act explicitly recognizes testamentary guardianship.
  • Guardian by Affinity:
  • A guardian by affinity refers to someone who becomes a guardian due to a close relationship, such as a step-parent or relative.
  • While this concept exists in some legal systems, it is not explicitly recognized under the Hindu Minority and Guardianship Act, 1956.

Additional Information

  • Natural Guardians:
  • The Act recognizes the father as the natural guardian of a Hindu minor, followed by the mother.
  • However, the mother becomes the natural guardian if the father is deceased or otherwise incapable of acting as a guardian.
  • Welfare of the Minor:
  • The Act emphasizes that the welfare of the minor is the most critical factor in deciding guardianship.
  • Any guardian, whether natural, testamentary, or appointed by the court, must prioritize the minor's welfare above all else.
  • Exclusions:
  • Guardianship for purposes outside the care and property of minors, such as "guardian for marriage," is excluded from the Act.
  • This distinction ensures that guardianship provisions remain focused on the physical and financial well-being of minors.

Question 42

Which of the following theory/theories is/are not closely connected to intellectual property rights?

A- Economic Theory

B- Autopoietic Legal Theory

C- Social Planning Theory

D- Instrumentalist Theory

E- Social Contract Theory

Choose the correct answer from the options given below:

  1. AOption (a)

    C and D Only

  2. BOption (b)

    A and E Only

  3. COption (c)

    B Only

  4. DOption (d)

    D Only

View answer & explanation

Correct answer

Answer: (c)C.

B Only

Why this answer is correct

The correct answer is 'Autopoietic Legal Theory'

Key Points

  • Autopoietic Legal Theory:
  • Autopoietic Legal Theory is a concept from systems theory that describes law as a self-referential and autonomous social system.
  • This theory focuses on the internal logic and processes of the legal system rather than its interaction with external factors like economics, social planning, or intellectual property.
  • Since intellectual property rights are heavily influenced by external considerations such as economic incentives, creativity, and social impact, this theory is not closely connected to intellectual property rights.

Additional Information

  • Economic Theory:
  • Economic theory is closely related to intellectual property rights as it emphasizes incentives for innovation and creativity. By granting exclusive rights, creators are motivated to produce new work, which benefits the economy.
  • This theory explains intellectual property rights as a tool to correct market failures associated with public goods like knowledge and innovation.
  • Social Planning Theory:
  • Social planning theory connects intellectual property rights to broader social objectives, such as promoting cultural growth, equity, and public welfare.
  • It views intellectual property as a mechanism to balance individual rights and societal needs.
  • Instrumentalist Theory:
  • Instrumentalist theory considers intellectual property rights as a means to achieve specific goals, such as technological advancement or economic growth.
  • This theory is directly linked to the practical applications of intellectual property in achieving societal benefits.
  • Social Contract Theory:
  • Social Contract Theory, while not the primary basis for intellectual property rights, can still be connected to them indirectly as it focuses on agreements within society to uphold certain rights and responsibilities.
  • Intellectual property rights could be viewed as part of the social contract where creators are rewarded for their contributions to society.

Question 43

Which of the following statements are correct regarding the Doctrine of Legitimate Expectations?

A- The doctrine has an important place in the development of law of judicial review.

B- Doctrine is well established and operated in the domain of public law.

C- Doctrine has been developed both in the context of reasonableness and natural justice.

D- The concept of legitimate expectation made its first appearance in the case of Union of India v/s Hindustan Development Corpn.

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, D Only

  2. BOption (b)

    A, B, C Only

  3. COption (c)

    B, C, D Only

  4. DOption (d)

    A, C, D Only

View answer & explanation

Correct answer

Answer: (b)B.

A, B, C Only

Why this answer is correct

The correct answer is 'A, B, C Only'

Key Points

  • Doctrine of Legitimate Expectations:
  • The Doctrine of Legitimate Expectations is a principle in administrative law that provides individuals with a safeguard against arbitrary decisions by public authorities, ensuring fairness and transparency in decision-making processes.
  • It is based on the premise that a public authority, by its conduct, representation, or established practice, creates an expectation in the minds of individuals that certain procedures or benefits will be adhered to.
  • Key Points Supporting the Correct Answer:
  • A: The doctrine holds a significant place in the evolution of judicial review. It has been used by courts to ensure that public authorities act fairly and in alignment with established practices or representations.
  • B: The Doctrine of Legitimate Expectations operates within the realm of public law, providing a framework for evaluating the reasonableness of administrative actions.
  • C: The doctrine has been developed in the context of both reasonableness (ensuring fair decision-making) and natural justice (protecting rights to a fair hearing or due process).

Additional Information

  • Incorrect Option Analysis:
  • D: While the concept of Legitimate Expectations has been discussed in various legal cases, it did not make its first appearance in the case of Union of India v/s Hindustan Development Corpn. Instead, it has been a part of English law and later adopted by Indian jurisprudence in various cases.
  • Development of Doctrine:
  • The doctrine originated in English law and has evolved over time, with Indian courts adopting and interpreting it in the context of fairness, natural justice, and reasonable expectations.
  • It serves as a tool to balance the discretionary powers of public authorities and the legitimate expectations of individuals.

Question 44

Arrange the following in the order in which they appear in the Indian Contract Act:

A- Agreement by way of Wager

B- Agreement in restraint of legal proceedings

C- Agreement in restraint of trade

D- Agreement of restraint of marriage

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, C, D

  2. BOption (b)

    B, C, D, A

  3. COption (c)

    D, C, B, A

  4. DOption (d)

    C, D, A, B

View answer & explanation

Correct answer

Answer: (c)C.

D, C, B, A

Why this answer is correct

The correct answer is 'D, C, B, A'

Key Points

  • Sequence in the Indian Contract Act:
  • The Indian Contract Act, 1872, deals with various types of agreements and contracts, including those that are void or unenforceable due to specific reasons.
  • The sequence of the agreements mentioned in the question is based on the order in which they are addressed in the Act:
  • Agreement in restraint of marriage (D): Covered under Section 26 of the Act, this agreement is void as it directly contradicts public policy by restraining individuals from marrying.
  • Agreement in restraint of trade (C): Addressed under Section 27, agreements that restrict an individual’s freedom to trade or work are generally void, except in certain cases like valid non-compete clauses within reasonable limits.
  • Agreement in restraint of legal proceedings (B): Section 28 declares agreements that restrict individuals from enforcing their legal rights through judicial processes as void, except for arbitration agreements or other lawful exceptions.
  • Agreement by way of wager (A): Section 30 states that wagering agreements are void, as they are speculative in nature and do not involve lawful consideration.

Additional Information

  • Explanation of incorrect options:
  • Option 1 (A, B, C, D): This does not align with the actual sequence in the Indian Contract Act, as wagering agreements (A) come last in the Act, not first.
  • Option 2 (B, C, D, A): Incorrect, as the agreement in restraint of marriage (D) is discussed before the agreement in restraint of trade (C) in the Act.
  • Option 4 (C, D, A, B): This fails to reflect the correct sequence, as the agreement in restraint of legal proceedings (B) comes before wagering agreements (A) in the Act.
  • Public policy considerations:
  • The void nature of these agreements is based on the principle of public policy, which prioritizes individual freedoms, lawful trade, access to justice, and societal welfare.

Question 45

Match the LIST-I with LIST-II

LIST-I (Type of IPR)LIST-II (Concept)
A. Geographical IndicationI. Post grant opposition
B. TrademarkII. Protection of Right Management Information (RMI)
C. PatentIII. Prohibition of Assignment
D. CopyrightIV. Honest Concurrent use

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (b)B.

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

Why this answer is correct

The correct answer is 'A-III, B-IV, C-I, D-II'

Key

  • (A-III):
  • A Geographical Indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation due to that origin.
  • It prohibits the assignment of rights, meaning the GI tag cannot be transferred to individuals or entities outside the geographical location associated with the product.
  • Examples include Darjeeling Tea, Champagne, and Kanchipuram Silk.
  • Trademark (B-IV):
  • A trademark is a distinctive sign or indicator used by an individual, business, or other legal entity to identify their products or services and distinguish them from others.
  • The concept of "Honest Concurrent Use" allows for the simultaneous use of identical or similar trademarks by two parties if there is no confusion among consumers and the usage is honest and in good faith.
  • This principle is applied to resolve disputes over trademark ownership.
  • Patent (C-I):
  • A patent grants the inventor exclusive rights to their invention for a certain period in exchange for public disclosure of the invention.
  • The term "Post Grant Opposition" refers to the process by which a third party can challenge the validity of a granted patent within a specified time frame.
  • This mechanism ensures that only truly innovative inventions are protected under patent law.
  • Copyright (D-II):
  • Copyright protects the rights of creators over their literary, artistic, musical, and other intellectual works.
  • "Protection of Right Management Information (RMI)" ensures that information identifying the work, its creator, and the conditions for its use is safeguarded against unauthorized alteration or removal.
  • This helps maintain the integrity of copyrighted works in the digital environment.

Additional Information

  • Incorrect Options:
  • Option 1 (A-I, B-IV, C-II, D-III): This is incorrect because GI is not associated with Post Grant Opposition (I), and Copyright is not linked to the Prohibition of Assignment (III).
  • Option 3 (A-I, B-III, C-IV, D-I): This is incorrect because GI does not align with Post Grant Opposition (I), and Patent does not correspond to Honest Concurrent Use (IV).
  • Option 4 (A-III, B-IV, C-I, D-III): While A-III, B-IV, and C-I are correct, D-III is incorrect as Copyright is not related to the Prohibition of Assignment.
  • Importance of IPR:
  • Intellectual Property Rights (IPR) protect the creations of the mind, ensuring legal recognition and financial benefits for inventors and creators.
  • The various types of IPR (GI, Trademark, Patent, Copyright, etc.) cater to specific forms of intellectual property and have distinct rules and regulations.

Question 46

Which of the following are characteristic of 'Legal Right'?

A- Rights are vested in person and not against a person

B- Rights are act or omission in favour of person entitled

C- Act or omission relates to a thing

D- Every legal right has a title

Choose the correct answer from the options given below:

  1. AOption (a)

    B, C, D Only

  2. BOption (b)

    A, C, D Only

  3. COption (c)

    A, B, C Only

  4. DOption (d)

    A, B, D Only

View answer & explanation

Correct answer

Answer: (a)A.

B, C, D Only

Why this answer is correct

The correct answer is 'B, C, D Only'

Key Points

  • Legal Rights:
  • A legal right is a legally enforceable claim or privilege granted to a person under the law.
  • It obliges others, including individuals and the state, to act or refrain from acting in certain ways to respect the rights of the person entitled.
  • Characteristics of Legal Rights based on the correct answer (B, C, D):
  • B - Rights are acts or omissions in favor of the person entitled: A legal right ensures that the person holding the right benefits from certain actions or inactions of others, as prescribed by the law.
  • C - Act or omission relates to a thing: Legal rights often pertain to specific objects, situations, or relationships, ensuring clarity in their application and enforcement.
  • D - Every legal right has a title: A legal right must be backed by a valid legal basis or title, which provides the justification for the claim.

Additional Information

  • Explanation of incorrect options:
  • A - Rights are vested in a person and not against a person: This statement is misleading. Legal rights are vested in a person but are always enforceable against a specific person or group. Rights inherently involve corresponding duties, which are enforceable against others.
  • Options including 'A' (2, 3, and 4): These options are incorrect because the inclusion of statement 'A' does not align with the fundamental nature of legal rights, which are enforceable against someone.

Question 47

On which date the United Nations Organisation came into existence?

  1. AOption (a)

    20th October, 1945

  2. BOption (b)

    24th October, 1945

  3. COption (c)

    10th December, 1948

  4. DOption (d)

    10th December, 1945

View answer & explanation

Correct answer

Answer: (b)B.

24th October, 1945

Why this answer is correct

The correct answer is '24th October, 1945'

Key Points

  • United Nations Organisation (UNO):
  • The United Nations Organisation officially came into existence on 24th October, 1945, following the ratification of the UN Charter by the majority of its founding members, including the five permanent members of the Security Council.
  • The UN was established after World War II to promote international cooperation, maintain global peace and security, and prevent future conflicts.
  • 24th October is celebrated globally as United Nations Day to commemorate the establishment of the UN.
  • The organisation was founded with the primary aim of fostering peace, human rights, and development worldwide.

Additional Information

  • Explanation of incorrect options:
  • Option 1: 20th October, 1945 - This date is incorrect as the United Nations officially came into existence on 24th October, not 20th October.
  • Option 3: 10th December, 1948 - This date refers to the adoption of the Universal Declaration of Human Rights, an important milestone by the United Nations, but not its founding date.
  • Option 4: 10th December, 1945 - This is also incorrect as the UN was already established on 24th October, 1945. This date has no historical significance related to the UN’s founding.
  • United Nations Charter:
  • The UN Charter, signed on 26th June, 1945, in San Francisco, is the foundational treaty of the organisation. It was ratified later, leading to the establishment of the UN.
  • The Charter outlines the principles, structure, and goals of the United Nations.

Question 48

Arrange the following in the historical order of development of Natural Law theories (ascending):

A- Union with Divine is end of law

B- Church is the law giver

C- Development of idea of Rationalism

D- Revival of Natural Law

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)

    D, C, B, A

  4. DOption (d)

    A, C, B, D

View answer & explanation

Correct answer

Answer: (a)A.

A, B, C, D

Why this answer is correct

The correct answer is 'A, B, C, D'.

Key Points

  • Natural Law Theories and Historical Development:
  • Natural Law theory has undergone significant transformations through history, reflecting shifts in philosophical, theological, and rational thought.
  • It is the idea that laws and moral principles are derived from nature, human reason, and divine order, rather than solely from human-made laws.
  • Historical Order of Development:
  • A - Union with Divine is end of law: Early development of Natural Law was deeply rooted in divine principles, where laws were seen as instruments to achieve union with the divine. This was prominent in ancient and medieval philosophies influenced by religion.
  • B - Church is the law giver: During the Middle Ages, the Church emerged as the central authority, dictating laws based on theological principles. The Church's dominance reflected the fusion of law and religion.
  • C - Development of idea of Rationalism: The Renaissance and Enlightenment periods marked the rise of rationalism, where thinkers like Grotius and Locke emphasized reason and human nature in shaping laws, moving away from purely divine or theological origins.
  • D - Revival of Natural Law: In modern history, there was a revival of Natural Law theories, particularly through neo-scholasticism and contemporary philosophical discussions, which sought to reconcile rationalism with enduring moral and natural principles.

Additional Information

  • Why Other Options are Incorrect:
  • Option 2 (B, C, A, D): This order incorrectly places the development of rationalism before the Church's dominance. The Church's role as the law giver preceded the rationalist movement, as it was central to medieval jurisprudence.
  • Option 3 (D, C, B, A): This order incorrectly places the revival of Natural Law before rationalism and religious principles. The revival is a modern phenomenon and came much later in the historical timeline.
  • Option 4 (A, C, B, D): This order inaccurately places rationalism before the dominance of the Church. Rationalism emerged after the medieval period and theological dominance in the context of law.
  • Influence of Key Philosophers:
  • Saint Thomas Aquinas played a crucial role in integrating divine principles into law during the medieval era.
  • Philosophers like Grotius, Hobbes, and Locke contributed significantly to the rationalist phase of Natural Law development.

Question 49

Match the LIST-I with LIST-II

LIST-I (Schedules under UCC of Uttarakhand, 2025)LIST-II (Topic dealt under the Schedule)
A. Schedule 3I. Form of probate
B. Schedule 7II. Form of certificate
C. Schedule 5III. Form of caveat
D. Schedule 4IV. Form of certificate and extended certificate

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (a)A.

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

Why this answer is correct

The correct answer is: 'A-II, B-IV, C-I, D-III'

Key Points

  • UCC Schedules in Uttarakhand 2025:
  • The Uniform Civil Code (UCC) in Uttarakhand aims to provide a unified legal framework for all citizens, irrespective of religion or community, ensuring equality and consistency in personal laws.
  • Schedules under UCC are structured to define specific forms and procedural guidelines for various legal documents and processes.
  • Correct Matchings:
  • Schedule 3 - Form of certificate (A-II): This schedule outlines the standardized format for certificates issued under the UCC framework.
  • Schedule 7 - Form of certificate and extended certificate (B-IV): This schedule pertains to the issuance of both basic and extended certificates for specific legal purposes.
  • Schedule 5 - Form of probate (C-I): It deals with the format for probate, which is the legal process to prove the validity of a will.
  • Schedule 4 - Form of caveat (D-III): This schedule provides the format for filing caveats, which are notices filed to prevent certain legal actions without notifying the caveator.

Additional Information

  • Incorrect Options:
  • Option 2 (A-I, B-II, C-III, D-IV): This option incorrectly assigns "Form of probate" to Schedule 3, which actually deals with certificates, and mismatches other schedule-topics as well.
  • Option 3 (A-IV, B-III, C-II, D-I): Here, Schedule 3 is incorrectly matched with "Form of certificate and extended certificate," which is actually Schedule 7. The remaining mappings also do not align correctly.
  • Option 4 (A-II, B-I, C-IV, D-III): This option misplaces Schedule 7 with "Form of probate" and assigns improper topics to other schedules as well.
  • Purpose of UCC Schedules:
  • The schedules under UCC aim to streamline legal documentation and processes, ensuring clarity and uniformity for all citizens.
  • They provide a structured approach to handling legal matters such as wills, certificates, caveats, etc., under the ambit of a unified code.

Question 50

Arrange the following provisions in the correct order of their appearance in the Information Technology Act, 2000 (section-wise):

A- Penalty for misrepresentation

B- Punishment for identity theft

C- Punishment for cyber terrorism

D- Penalty for breach of confidentiality and privacy

E- Punishment for violation of privacy

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, C, D, E

  2. BOption (b)

    C, B, A, E, D

  3. COption (c)

    B, A, C, D, E

  4. DOption (d)

    B, E, C, A, D

View answer & explanation

Correct answer

Answer: (d)D.

B, E, C, A, D

Why this answer is correct

The correct answer is 'B, E, C, A, D'

Key Points

  • Overview of the Information Technology Act, 2000:
  • The Information Technology Act, 2000 was enacted to provide legal recognition for transactions carried out through electronic means and to address cybercrimes.
  • It contains provisions related to penalties, offenses, and safeguards concerning the use of digital platforms and technologies.
  • Correct sequence of the provisions:
  • B - Punishment for identity theft (Section 66C): This provision addresses the fraudulent use of another person's identity, such as passwords or digital signatures, to commit cybercrimes.
  • E - Punishment for violation of privacy (Section 66E): This section penalizes capturing, publishing, or transmitting private images of individuals without their consent.
  • C - Punishment for cyber terrorism (Section 66F): It deals with acts of cyber terrorism that threaten national security, sovereignty, or public order.
  • A - Penalty for misrepresentation (Section 73): This section imposes penalties for knowingly making false statements to the Controller or Certifying Authority.
  • D - Penalty for breach of confidentiality and privacy (Section 72): This provision penalizes unauthorized access to confidential information obtained during official duties.

Additional Information

  • Explanation of incorrect options:
  • Option 1 (A, B, C, D, E): This sequence misplaces the sections, starting with the penalty for misrepresentation, which appears later in the Act (Section 73).
  • Option 2 (C, B, A, E, D): This order incorrectly places cyber terrorism (Section 66F) before identity theft (Section 66C) and misrepresentation (Section 73) earlier than privacy-related provisions.
  • Option 3 (B, A, C, D, E): This sequence positions penalties for breach of confidentiality and privacy (Section 72) after identity theft but before privacy violations, which is not the actual order in the Act.
  • Importance of the IT Act, 2000:
  • It ensures a robust legal framework for addressing cybercrimes in India.
  • It helps foster trust and security in electronic transactions, promoting the growth of digital technologies.

Question 51

Which of the following is not true in the context of CSR?

  1. AOption (a)

    CSR Committee should consist of only one Director

  2. BOption (b)

    CSR provision was introduced by the Companies Act, 2013

  3. COption (c)

    Company should spend at least 2% of average net profits made during the immediately preceding 3 financial year

  4. DOption (d)

    CSR is an implied agreement between the company and society to impart goods and services in some way advantageous to the society

View answer & explanation

Correct answer

Answer: (a)A.

CSR Committee should consist of only one Director

Why this answer is correct

The correct answer is 'CSR Committee should consist of only one Director'

Key Points

  • Corporate Social Responsibility (CSR):
  • CSR is a concept whereby companies integrate social and environmental concerns in their business operations and interactions with stakeholders.
  • It is aimed at contributing to societal goals, such as sustainable development, and addressing social, environmental, or economic issues.
  • In India, CSR provisions are governed by Section 135 of the Companies Act, 2013, and related rules.
  • Why 'CSR Committee should consist of only one Director' is incorrect:
  • As per Section 135(1) of the Companies Act, 2013, companies meeting specified criteria must form a CSR Committee.
  • The CSR Committee should consist of at least three directors, with at least one being an independent director. For private companies, the requirement may be different, but a single director is not sufficient.
  • Hence, this statement is not true, making it the correct answer to the question.
  • Explanation of other options:
  • CSR provision was introduced by the Companies Act, 2013: This is correct. The Companies Act, 2013, made CSR mandatory for companies meeting certain thresholds, making India one of the first countries to legislate CSR.
  • Company should spend at least 2% of average net profits made during the immediately preceding 3 financial years: This is correct. Companies meeting the criteria must spend at least 2% of their average net profits over the last three financial years on CSR activities.
  • CSR is an implied agreement between the company and society to impart goods and services in some way advantageous to society: This is correct. CSR reflects a company's commitment to contribute positively to societal and environmental well-being, often seen as an implicit social contract between businesses and society.

Additional Information

  • Applicability of CSR provisions:
  • CSR provisions are applicable to companies with a net worth of ₹500 crore or more, a turnover of ₹1,000 crore or more, or a net profit of ₹5 crore or more during any financial year.
  • Such companies are required to form a CSR Committee and spend the mandated 2% on approved activities listed under Schedule VII of the Companies Act, 2013.
  • CSR Reporting:
  • Companies must disclose their CSR activities, including the amount spent and unspent, in their annual reports.
  • Unspent CSR amounts, if any, must be transferred to a specified fund or project as per regulatory guidelines.
  • Independent Director Requirement:
  • For certain public companies, the inclusion of at least one independent director in the CSR Committee ensures unbiased oversight and accountability in CSR planning and execution.

Question 52

Match the LIST-I with LIST-II

LIST-I (Position of Directors)LIST-II (Case Laws)
A. Directors as 'Agents'I. Ferguson v/s Wilson
B. Directors as 'Employees'II. R.R. Kothandraman v/s Commr. of Income Tax
C. Directors as 'Trustees'III. Great Eastern Rly. Co. v/s Turner
D. Directors in a 'Fiduciary relationship'IV. Forest of Dean Coal Mining Co. Re

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (c)C.

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

Why this answer is correct

The correct answer is 'A-I, B-II, C-III, D-IV'

Key Points

  • Directors as 'Agents':
  • In the case of Ferguson v/s Wilson, it was established that directors act as agents of the company. The company, being a separate legal entity, operates through its directors, who are authorized to act on its behalf.
  • This principle highlights that directors do not own the company but instead manage its affairs as representatives.
  • Directors as 'Employees':
  • In the case of R.R. Kothandraman v/s Commissioner of Income Tax, directors were considered employees under specific circumstances where they perform tasks similar to those of salaried personnel.
  • This classification applies when directors are employed under a contract of service and receive remuneration for their work.
  • Directors as 'Trustees':
  • In the case of Great Eastern Railway Co. v/s Turner, directors were recognized as trustees of the company's assets. They are entrusted with the responsibility of safeguarding the company’s property and interests.
  • This principle emphasizes their obligation to act in the best interest of the company and its shareholders.
  • Directors in a 'Fiduciary Relationship':
  • In the case of Forest of Dean Coal Mining Co. Re, directors were held to be in a fiduciary relationship with the company, meaning they must act in good faith, with loyalty and honesty, prioritizing the company’s welfare over their personal interests.
  • This principle ensures that directors adhere to ethical standards and protect the trust placed in them by stakeholders.

Additional Information

  • Explanation of Incorrect Options:
  • Option 1 (A-IV, B-III, C-II, D-I): This option incorrectly matches the directors' roles with case laws, failing to align the legal principles underlying each case with the respective director's position.
  • Option 2 (A-III, B-I, C-IV, D-II): This option misattributes the case laws to the directors' positions, demonstrating an incorrect understanding of the judgments.
  • Option 4 (A-II, B-IV, C-I, D-III): Similar to the previous options, this fails to match the correct case laws with the corresponding roles of directors, leading to a misinterpretation of legal principles.
  • Importance of Understanding Directors' Roles:
  • Directors' roles as agents, employees, trustees, and fiduciaries are foundational to corporate governance and are defined through case laws.
  • These distinctions help clarify their responsibilities and obligations toward the company and its stakeholders.

Question 53

What is the US equivalent legislation of the Indian Right to Information Act, 2005?

  1. AOption (a)

    Freedom of Information Act, 1966

  2. BOption (b)

    Freedom of Information Act, 1954

  3. COption (c)

    Freedom of Information Act, 1924

  4. DOption (d)

    Freedom of Information Act, 1967

View answer & explanation

Correct answer

Answer: (d)D.

Freedom of Information Act, 1967

Why this answer is correct

The correct answer is 'Freedom of Information Act, 1966'

Key Points

  • Freedom of Information Act, 1966:
  • The Freedom of Information Act (FOIA) was enacted in the United States in 1966 to provide public access to government records and information.
  • FOIA allows individuals to request records from federal government agencies, ensuring transparency and accountability in governance.
  • It is similar in intent to India's Right to Information Act, 2005, which enables citizens to access information from public authorities to promote transparency.
  • FOIA applies exclusively to federal agencies in the U.S., and agencies are required to disclose information unless it falls under specific exemptions such as national security, privacy, or trade secrets.
  • FOIA is considered a cornerstone of democratic governance in the U.S., empowering citizens to hold the government accountable.

Additional Information

  • Freedom of Information Act, 1954:
  • There is no record of a Freedom of Information Act being enacted in 1954. This option is incorrect and likely a fictitious entry.
  • Freedom of Information Act, 1924:
  • Similarly, no Freedom of Information Act was established in 1924. This option is inaccurate and does not correspond to any legislation related to public access to government information.
  • Freedom of Information Act, 1967:
  • The Freedom of Information Act was originally enacted in 1966, not 1967. However, amendments to the Act have been made over time, including changes in the 1970s and 1980s to improve its effectiveness.
  • This option is misleading as it does not reflect the original enactment year of the Act.

Question 54

Which of the following Theory/Theories is/are predominantly related to 'attempt' in law of crimes?

A- Last seen theory

B- Proximity theory

C- Theory of Impossibility

D- Reformatory Theory

Choose the correct answer from the options given below:

  1. AOption (a)

    A and C only

  2. BOption (b)

    C and D only

  3. COption (c)

    B and C only

  4. DOption (d)

    A and B only

View answer & explanation

Correct answer

Answer: (c)C.

B and C only

Why this answer is correct

The correct answer is 'B and C only'

Key Points

  • The concept of 'Attempt' in criminal law:
  • An attempt in criminal law refers to an act done with the intention to commit a crime but falling short of completion for various reasons.
  • It is considered a punishable offense as it demonstrates the criminal intent of the individual.
  • Theories related to attempts provide guidance on when an act crosses from mere preparation to an actual attempt.
  • Proximity Theory:
  • The Proximity Theory emphasizes the closeness of the act to the completion of the intended crime.
  • It states that the act must be proximate or sufficiently close to the intended crime to be considered an attempt.
  • This theory helps distinguish between preparation and an actual attempt, ensuring that only acts near the completion of a crime are punishable.
  • Theory of Impossibility:
  • The Theory of Impossibility deals with situations where it is impossible to commit the intended crime due to factual or legal circumstances.
  • Even if the crime could not be completed, the attempt can still be punishable, as the intent and actions demonstrate criminal behavior.
  • This theory ensures that individuals cannot escape liability merely because the completion of the crime was impossible.

Additional Information

  • Last Seen Theory:
  • The Last Seen Theory is not primarily related to the concept of 'attempt.' It is a principle used in criminal investigations where the person last seen with the victim is presumed to be connected to the crime.
  • This theory is more relevant to cases of murder or disappearance rather than attempts.
  • Reformatory Theory:
  • The Reformatory Theory is a penological theory focused on reforming the offender rather than punishing the crime. It is unrelated to the legal concept of 'attempt.'
  • Its objective is to rehabilitate criminals so that they can reintegrate into society, which does not directly address the legal nuances of attempts in criminal law.

Question 55

Which of the following case does not relate to the concept of absolute liability under law of India?

  1. AOption (a)

    Indian Council for Enviro-legal Action v/s Union of India

  2. BOption (b)

    Klaus Mittelbachert v/s East India Hotels of India

  3. COption (c)

    Madras Railway Co v/s Zeminder of Carvatenagram

  4. DOption (d)

    M.C. Mehta v/s Union of India

View answer & explanation

Correct answer

Answer: (c)C.

Madras Railway Co v/s Zeminder of Carvatenagram

Why this answer is correct

The correct answer is 'Madras Railway Co v/s Zeminder of Carvatenagram'

Key Points

  • Madras Railway Co v/s Zeminder of Carvatenagram:
  • This case does not relate to the concept of absolute liability as per Indian law. It pertains to tort law and primarily deals with issues of negligence and the liability of railway companies.
  • The concept of absolute liability, established under Indian jurisprudence, refers to cases where the defendant is held liable for harm caused without any exceptions or defenses, particularly in cases involving hazardous or dangerous activities.
  • Since this case does not involve such principles, it is not relevant to the doctrine of absolute liability.
  • Indian Council for Enviro-legal Action v/s Union of India:
  • This case is a landmark decision dealing with environmental harm caused by industrial pollution.
  • The Supreme Court applied the principle of absolute liability, holding industries responsible for the damage caused to the environment and nearby communities due to their hazardous activities.
  • It emphasizes that enterprises engaging in dangerous activities must bear the cost of any resulting harm, regardless of fault or negligence.
  • Klaus Mittelbachert v/s East India Hotels of India:
  • This case is unrelated to the principle of absolute liability but rather involves consumer protection and negligence.
  • It pertains to damages awarded to a foreign tourist who suffered injuries due to the negligence of a hotel. While it highlights liability in tort law, it does not concern absolute liability principles.
  • M.C. Mehta v/s Union of India:
  • This is another landmark case where the Supreme Court of India established the principle of absolute liability in the context of environmental law.
  • It arose from the Oleum Gas Leak case, where the court held that industries involved in hazardous activities are strictly and absolutely liable for any harm caused to the public or environment, without the need to prove negligence.
  • The judgment significantly strengthened environmental jurisprudence in India.

Additional Information

  • Absolute Liability Principle in Indian Law:
  • The doctrine of absolute liability was introduced in Indian law through the M.C. Mehta v/s Union of India case.
  • It is a stricter form of the "strict liability" rule, with no exceptions. Under this principle, entities engaged in inherently hazardous activities are held fully liable for any harm caused, irrespective of precautions taken or absence of fault.
  • This principle is particularly relevant in cases involving industrial disasters, environmental harm, and public health risks.
  • Key Difference Between Strict and Absolute Liability:
  • Strict liability allows for certain exceptions, such as acts of God or third-party intervention, whereas absolute liability does not permit any such defenses.
  • Absolute liability is specifically tailored to address modern industrial and environmental challenges.

Question 56

Match the LIST-I with LIST-II

LIST-I (Jurists)LIST-II (Definition of Administrative Law)
A. WadeI. Administrative Law is the law relating to the administration. It determines the organization, powers and duties of administrative authorities.
B. GarnerII. Main object of administrative law is the operation and control of administrative authorities.
C. Griffith & StreetIII. Rules recognized by the courts as law and which relate to and regulate the administration of government.
D. Ivor JenningsIV. Law relating to the control of government power.

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (d)D.

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

Why this answer is correct

The correct answer is 'A-IV, B-III, C-II, D-I'

Key Points

  • Explanation of the correct matching of LIST-I (Jurists) with LIST-II (Definitions of Administrative Law):
  • A. Wade - IV (Law relating to the control of government power): Wade is known for emphasizing the regulatory aspect of administrative law, particularly its role in controlling the exercise of government power to ensure accountability.
  • B. Garner - III (Rules recognized by the courts as law and which relate to and regulate the administration of government): Garner's definition highlights the judicial recognition of rules that govern administrative functions and the relationship between courts and administrative authorities.
  • C. Griffith & Street - II (Main object of administrative law is the operation and control of administrative authorities): Griffith and Street focus on the operational aspects of administrative law and its role in controlling administrative authorities to prevent misuse of power.
  • D. Ivor Jennings - I (Administrative Law is the law relating to the administration. It determines the organization, powers, and duties of administrative authorities): Jennings provides a comprehensive definition that underscores the organizational structure and functions of administrative authorities.

Additional Information

  • Why other options are incorrect:
  • Option 1 (A-I, B-II, C-III, D-IV): This arrangement incorrectly assigns Wade to the definition related to administration structure (I) and Jennings to the control of government power (IV), which contradicts their established contributions.
  • Option 2 (A-II, B-I, C-IV, D-III): This pairing mistakenly swaps Wade and Griffith & Street and misattributes Garner’s judicial focus to Jennings.
  • Option 3 (A-III, B-IV, C-I, D-II): This option erroneously associates Wade with judicial recognition (III) and Jennings with operational control (II), which misrepresents their respective views.
  • Brief overview of Administrative Law:
  • Administrative law governs the activities of administrative authorities, ensuring their actions comply with established laws and principles.
  • It focuses on the organization, powers, duties, and controls of administrative bodies, aiming to balance efficient governance with accountability.
  • Different jurists have provided definitions based on their perspectives, emphasizing various aspects such as control, organization, judicial recognition, and operational functions.

Question 57

When did Ministry of Environment, Forest and Climate Change notify Biological Diversity Rules, 2024?

  1. AOption (a)

    25th December, 2024

  2. BOption (b)

    18th January, 2024

  3. COption (c)

    1st April,2024

  4. DOption (d)

    22nd October,2024

View answer & explanation

Correct answer

Answer: (d)D.

22nd October,2024

Why this answer is correct

The correct answer is '22nd October, 2024'

Key Points

  • Notification of Biological Diversity Rules, 2024:
  • The Ministry of Environment, Forest and Climate Change (MoEFCC) notified the Biological Diversity Rules, 2024 on 22nd October, 2024.
  • These rules were introduced to strengthen the implementation of the Biological Diversity Act, 2002 and ensure sustainable conservation and utilization of biological resources.
  • The rules provide detailed guidelines for access to biological resources, benefit-sharing mechanisms, and the protection of biodiversity.
  • They aim to promote conservation efforts while balancing the rights of local communities and the interests of researchers and industries.
  • This notification is a critical step toward maintaining ecological balance and fulfilling India's commitments to global biodiversity agreements.

Additional Information

  • Overview of incorrect options:

  • Option 1: 25th December, 2024:

  • This date is incorrect as the rules were notified much earlier, in October, and not during the winter season.

  • Option 2: 18th January, 2024:

  • This date is also incorrect as the rules were not finalized or notified at the beginning of the year.

  • January marks the initial stages of policy discussions but does not align with the actual notification date.

  • Option 3: 1st April, 2024:

  • While 1st April is the start of the financial year, it is not associated with the notification of the Biological Diversity Rules.

  • This date might be confused with other environmental policy announcements, but it is unrelated here.

  • Option 5: (Blank/No Option):

  • The absence of an option highlights the need for clarity and accuracy in framing multiple-choice questions.

  • No valid explanation can be provided for a missing option.

Question 58

Arrange the following provisions of Protection of Human Rights Act, 1993 in the order of its appearance in the Act:

A- Inquiry into complaints

B- Procedure with respect to armed forces

C- Investigation

D- Powers relating to inquiry

E- Statements made by person to the Commission

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, C, D, E

  2. BOption (b)

    A, D, E, B, C

  3. COption (c)

     A, D, C, E, B

  4. DOption (d)

    D, C, E, A, B

View answer & explanation

Correct answer

Answer: (d)D.

D, C, E, A, B

Why this answer is correct

The correct answer is 'D, C, E, A, B'

Key Points

  • Protection of Human Rights Act, 1993:
  • The Protection of Human Rights Act, 1993 was enacted to provide for the establishment of the National Human Rights Commission (NHRC), State Human Rights Commissions, and Human Rights Courts to protect and promote human rights.
  • The Act outlines specific provisions for inquiry, investigation, and procedures to address complaints of human rights violations.
  • Order of Provisions:
  • Powers relating to inquiry (D): The Act first defines the powers of the Commission to conduct inquiries into alleged human rights violations. These powers are foundational for the effective functioning of the NHRC.
  • Investigation (C): Following the inquiry powers, the Act specifies the procedures for investigation, detailing how evidence should be gathered and analyzed.
  • Statements made by person to the Commission (E): Provisions related to statements focus on the admissibility and treatment of testimonies provided during inquiries or investigations.
  • Inquiry into complaints (A): The Act outlines the process for handling complaints received by the Commission, ensuring a systematic approach to addressing grievances.
  • Procedure with respect to armed forces (B): Special provisions regarding human rights violations involving armed forces are addressed last, considering their unique nature and legal framework.

Additional Information

  • Analysis of Incorrect Options:
  • Option 1 (A, B, C, D, E): This arrangement incorrectly places the provision for armed forces (B) before investigation (C) and inquiry powers (D), which is not the logical sequence in the Act.
  • Option 2 (A, D, E, B, C): This option starts with inquiry into complaints (A) instead of the foundational powers for inquiry (D), disrupting the logical flow of provisions.
  • Option 3 (A, D, C, E, B): While closer to the correct sequence, this option places inquiry into complaints (A) before the investigation (C), which does not align with the structure of the Act.
  • Purpose of the Act:
  • The Act ensures protection against human rights violations and provides mechanisms for redressal.
  • The logical sequence of provisions reflects the systematic approach of the NHRC to address such violations effectively.

Question 59

'X' an insane person kills 'Y' by firing from a loaded gun. 'X' has committed which of the following offence?

  1. AOption (a)

    No offence at all

  2. BOption (b)

    An offence of grievous hurt

  3. COption (c)

    An offence of murder

  4. DOption (d)

    An offence of culpable homicide not amounting to murder

View answer & explanation

Correct answer

Answer: (a)A.

No offence at all

Why this answer is correct

The correct answer is 'No offence at all'

Key Points

  • Legal principle regarding insanity:
  • The defence of insanity is recognized under Section 84 of the Indian Penal Code (IPC), which provides that a person who, at the time of committing an offence, is of unsound mind, and is incapable of understanding the nature of the act or knowing that the act is wrong or contrary to law, is not criminally liable.
  • In this case, 'X' is described as an insane person. If it can be established that 'X' was indeed suffering from such unsoundness of mind that rendered him incapable of comprehending the consequences of his actions, he will not be held criminally responsible for killing 'Y'.
  • This principle is rooted in the understanding that criminal liability requires both a guilty mind (mens rea) and a guilty act (actus reus). In cases of insanity, the guilty mind is absent.

Additional Information

  • Explanation of other options:
  • An offence of grievous hurt: Grievous hurt involves causing severe bodily pain or permanent damage to someone under Sections 319–320 IPC. However, in the given scenario, the act resulted in death, not grievous hurt, making this option irrelevant.
  • An offence of murder: Murder (Section 302 IPC) requires the intention to cause death or knowledge that the act would likely result in death. While the act of killing is present here, the absence of a guilty mind due to insanity negates the charge of murder.
  • An offence of culpable homicide not amounting to murder: Culpable homicide (Section 299 IPC) refers to causing death with the intent or knowledge of causing such harm. This also requires a guilty mind, which is absent in cases of legal insanity.
  • Insanity as a legal defence:
  • The burden of proving insanity lies on the accused, who must demonstrate that they were unable to understand the nature of their actions or distinguish right from wrong due to unsoundness of mind.
  • Insanity is assessed based on medical evidence and observations of the accused’s behavior at the time of the incident.

Question 60

Arrange the following in order of their enactment (ascending):

A- West German Constitution

B- British North America Act

C- Australian Constitution Act

D- Article of Confederation and Perpetual Union

Choose the correct answer from the options given below:

  1. AOption (a)

    D, B, C, A

  2. BOption (b)

    A, B, C, D

  3. COption (c)

    B, A, C, D

  4. DOption (d)

    D, C, B, A

View answer & explanation

Correct answer

Answer: (a)A.

D, B, C, A

Why this answer is correct

The correct answer is 'D, B, C, A'

Key Points

  • Articles of Confederation and Perpetual Union (D):
  • Enacted in 1781, the Articles of Confederation served as the first constitution of the United States.
  • It established a confederation of sovereign states and a weak central government, which was later replaced by the U.S. Constitution in 1789.
  • This document represented the earliest attempt at forming a structured federal government in a modern nation-state.
  • British North America Act (B):
  • Enacted in 1867, this act created the Dominion of Canada and served as Canada’s original constitution.
  • It outlined the structure of government in Canada, including federal and provincial responsibilities.
  • Later renamed the Constitution Act, 1867, it remains a significant part of Canada's constitutional framework.
  • Australian Constitution Act (C):
  • Passed in 1900 and coming into effect in 1901, this act established the Commonwealth of Australia as a federation.
  • It provided the legal foundation for Australia’s parliamentary democracy and federal system of government.
  • The act was passed by the British Parliament and marked Australia's transition to a self-governing entity within the British Empire.
  • West German Constitution (A):
  • Known as the Basic Law (Grundgesetz), it was enacted in 1949 following World War II.
  • This constitution was created for the Federal Republic of Germany (West Germany) to ensure democratic governance and prevent the rise of authoritarianism.
  • It remains the foundation of Germany's legal and political system, even after reunification in 1990.

Additional Information

  • Other Options and Why They Are Incorrect:
  • A, B, C, D: This option is incorrect because the West German Constitution (A) was enacted much later (1949), and the Articles of Confederation (D) were the earliest (1781).
  • B, A, C, D: This sequence is incorrect as it suggests the British North America Act (B) preceded the Articles of Confederation (D), which is not true.
  • D, C, B, A: While this option begins correctly with the Articles of Confederation (D), it places the Australian Constitution Act (C) before the British North America Act (B), which is not in chronological order.
  • Historical Context:
  • Each of these constitutional documents played a critical role in shaping federal governance structures in their respective countries.
  • The timeline reflects the evolution of constitutional frameworks across different nations and their historical contexts.

Question 61

Match the LIST-I with LIST-II

LIST-I (Principles of Natural Justice)LIST-II (Case Laws)
A. Pecuniary BiasII. Dimes v/s Grand Junction Canal
B. Personal BiasIII. Mineral Development Ltd. v/s State of Bihar
C. Official BiasI. Gullapalli Nageswara Rao v/s A.P. SRTC
D. Judicial ObstinacyIV. State of W.B v/s Shivananda Pathak

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (b)B.

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

Why this answer is correct

The correct answer is 'A-II, B-III, C-I, D-IV'

Key Points

  • Principles of Natural Justice:
  • Natural Justice ensures fairness, equality, and impartiality in judicial and quasi-judicial proceedings.
  • It encompasses several principles, including avoiding bias, giving a fair hearing, and following procedural fairness.
  • Matching LIST-I (Principles of Natural Justice) with LIST-II (Case Laws):
  • A. Pecuniary Bias - Dimes v. Grand Junction Canal (II):
  • Pecuniary bias occurs when the decision-maker has a financial interest in the outcome of the case.
  • In Dimes v. Grand Junction Canal, the decision was invalidated because a judge, who had a financial interest in one of the parties, ruled on the case.
  • B. Personal Bias - Mineral Development Ltd. v. State of Bihar (III):
  • Personal bias arises when the decision-maker has a personal relationship or enmity with one of the parties.
  • In Mineral Development Ltd. v. State of Bihar, the principle of personal bias was discussed concerning administrative decision-making.
  • C. Official Bias - Gullapalli Nageswara Rao v. A.P. SRTC (I):
  • Official bias occurs when the authority deciding the case is also involved in initiating or participating in the process being adjudicated.
  • In Gullapalli Nageswara Rao v. A.P. SRTC, the Supreme Court ruled that the authority that framed the policy could not also decide on objections to the same policy.
  • D. Judicial Obstinacy - State of W.B. v. Shivananda Pathak (IV):
  • Judicial obstinacy arises when a judge refuses to change their stance despite clear evidence or legal precedent to the contrary.
  • In State of W.B. v. Shivananda Pathak, the court dealt with judicial obstinacy and the necessity of impartiality in judicial proceedings.

Additional Information

  • Analysis of Incorrect Options:
  • Option 1 (A-I, B-II, C-III, D-IV): Incorrect because it mismatches the cases with the principles. For example, Dimes v. Grand Junction Canal is associated with pecuniary bias, not personal bias.
  • Option 3 (A-IV, B-III, C-II, D-I): Incorrect because it assigns judicial obstinacy to pecuniary bias (A-IV), which is not accurate.
  • Option 4 (A-III, B-I, C-IV, D-II): Incorrect as it mismatches cases like associating personal bias with Gullapalli Nageswara Rao (B-I), which is about official bias.
  • Importance of Natural Justice:
  • The principles of natural justice are essential in ensuring fair administrative and judicial processes.
  • They protect individuals from arbitrary decisions and reinforce public confidence in the justice system.

Question 62

Which of the following articles incorporate the expression 'right to life'?

A- Article 3 of UDHR, 1948

B- Article 6 of ICCPR, 1966

C- Article 9 of ICESCR, 1966

D- Article 3 of OP2 of ICCPR, 1989

Choose the correct answer from the options given below:

  1. AOption (a)

    A and C Only

  2. BOption (b)

    A and B Only

  3. COption (c)

    C and D Only

  4. DOption (d)

    B and D Only

View answer & explanation

Correct answer

Answer: (b)B.

A and B Only

Why this answer is correct

The correct answer is 'A and B Only'

Key Points

  • Article 3 of UDHR, 1948:
  • Article 3 of the Universal Declaration of Human Rights (UDHR) explicitly states that "Everyone has the right to life, liberty, and security of person."
  • This article is fundamental as it establishes the right to life as a universal and inalienable right for all human beings.
  • Article 6 of ICCPR, 1966:
  • Article 6 of the International Covenant on Civil and Political Rights (ICCPR) guarantees the right to life and emphasizes that it is a fundamental right that must be protected by law.
  • It also prohibits arbitrary deprivation of life and outlines the state's obligation to ensure the right to life.

Additional Information

  • Article 9 of ICESCR, 1966:
  • This article pertains to the right to social security, including social insurance, and does not address the right to life.
  • It focuses on economic, social, and cultural rights, making it unrelated to the specific concept of the right to life.
  • Article 3 of OP2 of ICCPR, 1989:
  • This article is part of the Second Optional Protocol to the ICCPR, which aims at the abolition of the death penalty.
  • While it indirectly relates to the protection of the right to life by opposing capital punishment, it does not directly incorporate the expression "right to life."

Question 63

In which of the following case did the Supreme Court of India give a split verdict on 23rd July, 2024 in a matter involving health, environment, and intergenerational equity?

  1. AOption (a)

    M.C. Mehta v/s U.O.I

  2. BOption (b)

    Animal Welfare Board of India v/s U.O.I

  3. COption (c)

    M.K. Ranjitsingh v/s U.O.I

  4. DOption (d)

    Gene Campaign v/s U.O.I

View answer & explanation

Correct answer

Answer: (d)D.

Gene Campaign v/s U.O.I

Why this answer is correct

The correct answer is 'Gene Campaign v/s U.O.I'

Key Points

  • Gene Campaign v/s U.O.I:
  • On 23rd July 2024, the Supreme Court of India delivered a split verdict in the case of Gene Campaign v/s Union of India, which involved critical issues related to health, environment, and intergenerational equity.
  • This case revolved around the preservation of genetic resources, biodiversity, and environmental sustainability, particularly in light of India's obligations under international treaties and conventions.
  • The split verdict highlighted the complexity of balancing economic development with environmental protection and the rights of future generations.
  • The principle of intergenerational equity, which calls for the preservation of natural resources for future generations, was a central theme in the court's deliberations.
  • The judgment underscored the importance of environmental justice and sustainable development while addressing the concerns raised by Gene Campaign, an organization advocating for agricultural and biodiversity preservation.

Additional Information

  • Overview of other options:
  • M.C. Mehta v/s U.O.I: This landmark environmental case involved issues such as pollution control, sustainable development, and environmental protection but did not result in a split verdict on 23rd July 2024. It is well-known for setting significant precedents in environmental jurisprudence in India.
  • Animal Welfare Board of India v/s U.O.I: This case primarily focused on animal rights and welfare, including laws on cruelty to animals. While it has had a notable impact on animal welfare laws, it is unrelated to health, environment, and intergenerational equity issues discussed in the Gene Campaign case.
  • M.K. Ranjitsingh v/s U.O.I: This case dealt with legal matters concerning governance and administration but did not involve the specific issues of environment, health, or intergenerational equity addressed in Gene Campaign v/s U.O.I.
  • Gene Campaign v/s U.O.I: Correct answer as detailed above; it is directly related to the topic and dealt with a split verdict on environmental and intergenerational equity issues.

Question 64

Which of the following is not a theory of legal personality?

  1. AOption (a)

    Fiction theory

  2. BOption (b)

    Concession theory

  3. COption (c)

    Interest theory

  4. DOption (d)

    Bracket theory

View answer & explanation

Correct answer

Answer: (c)C.

Interest theory

Why this answer is correct

The correct answer is 'Interest theory'

Key Points

  • Interest Theory:
  • Interest theory is not a recognized theory of legal personality. This theory is primarily associated with jurisprudence and focuses on the relationship between rights and interests.
  • The interest theory of rights posits that the purpose of legal rights is to protect the interest of the person who holds those rights.
  • While interest theory is significant in legal discussions, it does not directly address the concept of legal personality, which is concerned with entities that can have legal rights and duties.

Additional Information

  • Fiction Theory:
  • Fiction theory was proposed by Friedrich Carl von Savigny. It states that legal personality is a creation of law.
  • According to this theory, entities like corporations are not real persons but are treated as such for legal convenience.
  • This theory is widely accepted in legal systems for recognizing artificial persons, such as companies and organizations.
  • Concession Theory:
  • This theory suggests that legal personality is granted as a concession by the state.
  • It emphasizes that only the state has the authority to recognize an entity as a legal person.
  • For example, corporations and other artificial entities derive their legal status from state recognition.
  • Bracket Theory:
  • Bracket theory, also known as Symbolist Theory, was proposed by Rudolph von Jhering.
  • It argues that legal personality is just a symbolic representation for collective entities like corporations.
  • The theory essentially "brackets out" the individuals behind the corporation and considers the entity as a whole for legal purposes.

Question 65

Match the LIST-I with LIST-II

LIST-I (Exception Description)
(Exceptions to Section 300 of IPC)
LIST-II (Exception Number)
A. Sudden and grave provocationI. Exception 5
B. Exceeding right of private defenceII. Exception 1
C. Death caused in sudden fightIII. Exception 4
D. Death caused with the consent of the personIV. Exception 2

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-IV, C-III, D-I

  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-IV, C-III, D-I

Why this answer is correct

The correct answer is 'A-II, B-IV, C-III, D-I.'

Key Points

  • Overview of the Exceptions to Section 300 of IPC:
  • Section 300 of the Indian Penal Code (IPC) defines murder. However, it provides certain exceptions under which a homicide does not amount to murder. These exceptions are categorized based on specific circumstances where the act is considered less blameworthy.
  • The five exceptions in Section 300 include sudden provocation, private defense, sudden fight, consent, and acting within lawful authority.
  • Matching LIST-I with LIST-II:
  • A. Sudden and grave provocation (Exception 1): Sudden provocation leading to the loss of self-control is recognized under Exception 1. If the act is committed under such circumstances, it is not considered murder.
  • B. Exceeding right of private defense (Exception 2): When a person exceeds their right to defend themselves or others but does so without premeditation, it falls under Exception 2.
  • C. Death caused in sudden fight (Exception 4): If death occurs in a sudden fight without premeditated intention and in the heat of passion, it falls under Exception 4.
  • D. Death caused with the consent of the person (Exception 5): If the death is caused with the consent of the victim, provided they are above 18 years of age, it is categorized under Exception 5.

Additional Information

  • Explanation of Incorrect Options:
  • Option 1 (A-I, B-II, C-III, D-IV): This option incorrectly matches sudden provocation with Exception 5 instead of Exception 1, and so on. The mismatches make this option incorrect.
  • Option 3 (A-II, B-IV, C-I, D-III): This option incorrectly associates sudden provocation with Exception 2 and sudden fight with Exception 1, leading to an incorrect match.
  • Option 4 (A-IV, B-III, C-II, D-I): This option mismatches sudden provocation with Exception 4 and private defense with Exception 3, making it incorrect.
  • Importance of Understanding IPC Exceptions:
  • These exceptions are crucial in ensuring that justice is delivered based on the circumstances surrounding an act, preventing undue punishment for actions taken in high-stress or morally complex situations.
  • Legal practitioners and law students must have clarity on these distinctions to argue cases effectively and uphold the principles of justice.

Question 66

Match the LIST-I with LIST-II

 

LIST-I (Judicial Decisions)LIST-II (Issue)
A. State of Gujarat v/s Reliance Industries Ltd & Ors.I. Management of sewage treatment plants
B. Municipal Corporation Ghaziabad v/s CPCBII. Climate Change
C. Hanuman Laxman Aroskar v/s U.O.IIII. Environmental Clearance for large infrastructure project
D. Riddhima Pandey v/s U.O.IIV. Green cess

 

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (c)C.

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

Why this answer is correct

The correct answer is 'A-III, B-I, C-IV, D-II'

Key Points

  • State of Gujarat v/s Reliance Industries Ltd & Ors.:
  • This case primarily deals with the issue of obtaining environmental clearance for large infrastructure projects.
  • The court focused on compliance with environmental laws and regulations while granting approvals for industrial and infrastructure projects.
  • This aligns with List-II (III. Environmental Clearance for large infrastructure projects).
  • Municipal Corporation Ghaziabad v/s CPCB:
  • The case pertains to the management of sewage treatment plants and the responsibility of municipal corporations to ensure proper waste management.
  • The Central Pollution Control Board (CPCB) played a significant role in this case, enforcing compliance with environmental standards.
  • This corresponds to List-II (I. Management of sewage treatment plants).
  • Hanuman Laxman Aroskar v/s U.O.I:
  • The case highlighted the imposition and utilization of a green cess to fund environmental conservation and mitigation efforts.
  • The judiciary emphasized the need for sustainable development and accountability in environmental governance.
  • This matches with List-II (IV. Green cess).
  • Riddhima Pandey v/s U.O.I:
  • This case was filed by a young environmental activist addressing the issue of climate change and the government’s responsibility to take action to mitigate its effects.
  • The case raised significant awareness about the need for strong climate policies in India.
  • This corresponds to List-II (II. Climate Change).

Additional Information

  • Explanation of Incorrect Options:
  • Option 1 (A-III, B-I, C-IV, D-II): This is correct and matches the legal issues with the respective cases accurately.
  • Option 2 (A-I, B-IV, C-III, D-II): This is incorrect because it incorrectly associates environmental clearance with sewage treatment plants and mismatches other cases.
  • Option 3 (A-IV, B-I, C-III, D-II): This is incorrect because it incorrectly links the State of Gujarat case with a green cess, which is unrelated.
  • Option 4 (A-III, B-II, C-IV, D-I): This is incorrect as it mismatches the cases, for example, linking Municipal Corporation Ghaziabad to climate change, which is unrelated.
  • Importance of Judicial Decisions in Environmental Governance:
  • These cases showcase the judiciary’s proactive role in addressing environmental issues and enforcing accountability.
  • Judicial interventions help in balancing development goals with environmental sustainability and public interest.

Question 67

Which of the following statements are correct?

A- The first National Commission for Women was constituted on 31.01.1992

B- National Commission for Backward Classes has been accorded constitutional status through 102nd Constitution  (Amendment) Act, 2018

C- The Ministry of Minority Affairs was carved out of Ministry of Social Justice and Empowerment

D- National Commission for Scheduled Tribes has been set up under Article 338

E- Article 338A deals with National Commission for Scheduled Castes

Choose the correct options given below:

  1. AOption (a)

    B, C, D Only

  2. BOption (b)

    C, D, E Only

  3. COption (c)

    A, B, C Only   

  4. DOption (d)

    A, C, E Only

View answer & explanation

Correct answer

Answer: (c)C.

A, B, C Only   

Why this answer is correct

The correct answer is 'A, B, E Only'

Key Points

  • A - The first National Commission for Women was constituted on 31.01.1992:
  • The National Commission for Women (NCW) was established to address issues related to women’s rights and their representation in the country.
  • It was set up on January 31, 1992, as a statutory body under the National Commission for Women Act, 1990.
  • The NCW aims to review constitutional and legal safeguards for women, recommend remedial legislative measures, and facilitate redressal of grievances.
  • B - National Commission for Backward Classes has been accorded constitutional status through the 102nd Constitution (Amendment) Act, 2018:
  • The 102nd Constitutional Amendment Act granted constitutional status to the National Commission for Backward Classes (NCBC).
  • This amendment added Article 338B to the Constitution, which outlines the structure, duties, and powers of the NCBC.
  • The NCBC is responsible for examining and recommending the inclusion or exclusion of communities in the list of backward classes and addressing grievances of backward classes
  • C - The Ministry of Minority Affairs was carved out of the Ministry of Social Justice and Empowerment:
  • This statement is correct. The Ministry of Minority Affairs was established as a separate ministry on January 29, 2006, to ensure a focused approach to issues related to the minorities in India.

Additional Information

  • D - National Commission for Scheduled Tribes has been set up under Article 338:
  • This statement is incorrect. The National Commission for Scheduled Tribes (NCST) was established under Article 338A, not Article 338.
  • Article 338 deals with the National Commission for Scheduled Castes, while Article 338A pertains to the NCST, which was created by the 89th Constitutional Amendment Act, 2003.
  • The NCST is responsible for protecting the rights of Scheduled Tribes and ensuring their socio-economic development.
  • E - Article 338A deals with National Commission for Scheduled Castes:
  • Article 338A was inserted into the Constitution to establish the National Commission for Scheduled Tribes (NCST).

Question 68

Which of the following statements are incorrect in the context of Adoption?

A- Muslim Law does not recognise adoption.

B- A married Hindu male can adopt a child without obtaining consent of his wife.

C- Child must not have completed the age of fifteen years.

D- Two persons cannot adopt the same child except in case of a husband and wife.

E- A person who is a major and sound mind can only be adopted.

Choose the correct answer from the options given below:

  1. AOption (a)

    B, E Only

  2. BOption (b)

    A, C Only

  3. COption (c)

     C, D Only

  4. DOption (d)

    D, E Only

View answer & explanation

Correct answer

Answer: (a)A.

B, E Only

Why this answer is correct

The correct answer is 'B, E Only.'

Key Points

  • Muslim Law does not recognise adoption:
  • Muslim law does not formally recognize adoption. Instead, a concept known as ‘Kafala’ is practiced, which allows a person to assume responsibility for a child’s upbringing, care, and education without legal transfer of parental rights.
  • Adoption under Muslim law is typically regulated by personal laws and statutes like the Juvenile Justice (Care and Protection of Children) Act, 2015.
  • A married Hindu male can adopt a child without obtaining consent of his wife:
  • Under the Hindu Adoption and Maintenance Act, 1956, the consent of the wife is mandatory for a married Hindu male to adopt a child.
  • This provision ensures that adoption decisions are made jointly, respecting the rights and opinions of the spouse.
  • Child must not have completed the age of fifteen years:
  • Under the Hindu Adoption and Maintenance Act, 1956, a child eligible for adoption must not have completed the age of 15 years, unless there is a custom or usage applicable to the parties that permits adoption of a child older than 15 years.
  • This restriction ensures that adoption is primarily for minors who require care and protection.
  • Two persons cannot adopt the same child except in the case of a husband and wife:
  • The law permits a husband and wife to adopt the same child jointly. However, other individuals cannot adopt the same child simultaneously.
  • This ensures clarity in parental rights and responsibilities and avoids confusion or disputes over guardianship.
  • A person who is a major and sound mind can only be adopted:
  • Under adoption laws in India, only minors can be adopted. A major (adult) cannot be adopted legally.
  • This provision is in line with the purpose of adoption, which is to provide care and guardianship for children who lack parental support.

Additional Information

  • Adoption Laws in India:
  • The Hindu Adoption and Maintenance Act, 1956 governs adoption among Hindus, while the Juvenile Justice (Care and Protection of Children) Act, 2015 regulates adoption for individuals of other religions.
  • Adoption laws aim to ensure the welfare of children and provide legal clarity on parental rights and responsibilities.
  • Eligibility for Adoption:
  • Adoptive parents must fulfill certain criteria, such as being of sound mind and financially stable, and in some cases, married (if adopting jointly).
  • These criteria ensure that the adoptive family can provide a safe and nurturing environment for the child.
  • Legal Procedure for Adoption:
  • Adoption in India involves a formal legal process, including court approvals and compliance with statutory guidelines.
  • This ensures that adoptions are carried out legally and protect the rights of both the child and the adoptive parents.

Question 69

The foundation of Federation in India was laid down by which legislation?

  1. AOption (a)

    Government of India Act, 1919

  2. BOption (b)

    Government of India Act, 1935

  3. COption (c)

    Constitution of India, 1950

  4. DOption (d)

    Queen Proclamation of 1875 

View answer & explanation

Correct answer

Answer: (b)B.

Government of India Act, 1935

Why this answer is correct

The foundation of Federation in India was laid down by the Government of India Act, 1935

Key Points

  • Government of India Act, 1935:
  • This act is considered the cornerstone for introducing federalism in India by establishing a federal structure with a clear demarcation of powers between the central and provincial governments.
  • It proposed a Federation of India consisting of British Indian provinces and princely states. However, the federation envisaged under this act was never fully realized as the princely states did not join.
  • The act introduced three lists of subjects: Federal, Provincial, and Concurrent, laying the groundwork for the division of powers in the Indian Constitution later.
  • It also provided for autonomy to provinces by ending the system of dyarchy introduced earlier and granting full responsible government at the provincial level.

Additional Information

  • Government of India Act, 1919:
  • This act introduced dyarchy in the provinces, dividing subjects into “Transferred” and “Reserved” categories, but it did not establish a federal structure.
  • The act laid the groundwork for responsible government but was limited to the provinces and lacked federal characteristics.
  • Constitution of India, 1950:
  • While the Constitution of India formalized the federal structure, the foundation of federalism was already laid by the Government of India Act, 1935.
  • The Constitution refined and expanded upon the division of powers and federal principles introduced earlier.
  • Queen’s Proclamation of 1875:
  • This proclamation marked the formal assumption of direct governance of India by the British Crown but did not establish any federal principles.
  • It was a political declaration rather than a legal framework for governance.

Question 70

Which Schedule of the Indian Constitution contains special provisions for the administration and control of scheduled areas in several states?

  1. AOption (a)

    Fifth

  2. BOption (b)

    Third

  3. COption (c)

    Seventh

  4. DOption (d)

    Ninth

View answer & explanation

Correct answer

Answer: (a)A.

Fifth

Why this answer is correct

The correct answer is 'Fifth Schedule of the Indian Constitution'

Key Points

  • Fifth Schedule of the Indian Constitution:
  • The Fifth Schedule of the Indian Constitution contains provisions related to the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram.
  • It empowers the President of India to declare any area as a Scheduled Area and to direct the administration of such areas through Governors.
  • The Governor of a state with Scheduled Areas has special responsibilities, including the power to make regulations for the peace and good governance of these areas.
  • The primary objective is to ensure the welfare and development of tribal populations, preserving their culture, and protecting their rights over land and resources.
  • This schedule aims to address the unique socio-economic challenges faced by the tribal communities in these areas.

Additional Information

  • Third Schedule:
  • The Third Schedule of the Indian Constitution contains the forms of oaths and affirmations for various constitutional posts, including the President, Vice-President, Ministers, Judges, and Members of Parliament.
  • It is unrelated to the administration of Scheduled Areas or tribal welfare.
  • Seventh Schedule:
  • The Seventh Schedule details the division of powers and responsibilities between the Union and State governments through three lists: Union List, State List, and Concurrent List.
  • It does not deal with Scheduled Areas or tribal administration.
  • Ninth Schedule:
  • The Ninth Schedule was added by the First Amendment of the Constitution in 1951. It includes laws that are protected from judicial review, primarily to safeguard land reform and agrarian laws.
  • It has no provisions related to the administration of Scheduled Areas or tribal communities.

Question 71

Which of the following is a landmark case on the importance of ‘nationality’?

  1. AOption (a)

    North Sea Continental Shelf Case

  2. BOption (b)

    Asylum Case

  3. COption (c)

    S.S. Lotus Case

  4. DOption (d)

    Nottebohm Case

View answer & explanation

Correct answer

Answer: (d)D.

Nottebohm Case

Why this answer is correct

The correct answer is 'Nottebohm Case'

Key Points

  • Nottebohm Case:
  • The Nottebohm Case (Liechtenstein v. Guatemala) was decided by the International Court of Justice (ICJ) in 1955.
  • The case revolved around the principle of nationality and its importance in international law, particularly in the context of diplomatic protection.
  • Friedrich Nottebohm, a German citizen who later acquired Liechtenstein nationality, sought diplomatic protection from Liechtenstein against Guatemala. However, the ICJ ruled that nationality must reflect a genuine connection between the individual and the state.
  • The ICJ emphasized the importance of "effective nationality," which is characterized by a real and substantial connection, rather than a mere formal or paper-based association.
  • This case is a landmark in international law for establishing the principle that nationality must have substantive meaning in order to be recognized in disputes between states.

Additional Information

  • North Sea Continental Shelf Case:
  • This case, decided by the ICJ in 1969, dealt with the delimitation of the continental shelf between Germany, Denmark, and the Netherlands.
  • It focused on issues of equitable principles in maritime boundary delimitation and is unrelated to the topic of nationality.
  • Asylum Case:
  • The Asylum Case (Colombia v. Peru) was decided in 1950 and dealt with the issue of diplomatic asylum under international law.
  • The case examined whether Colombia could unilaterally determine the conditions for granting asylum, but it did not address the principle of nationality.
  • S.S. Lotus Case:
  • The S.S. Lotus Case (France v. Turkey) was decided by the Permanent Court of International Justice (PCIJ) in 1927.
  • This case dealt with issues of jurisdiction and state sovereignty over incidents occurring on the high seas, not nationality.

Question 72

Which of the following Amendment has inserted the theme ‘Secularism, Socialism and Integrity’ in the Preamble of the Indian Constitution?

  1. AOption (a)

    44th Amendment

  2. BOption (b)

    42nd Amendment

  3. COption (c)

    73rd Amendment

  4. DOption (d)

    74th Amendment

View answer & explanation

Correct answer

Answer: (b)B.

42nd Amendment

Why this answer is correct

The correct answer is '42nd Amendment'

Key Points

  • 42nd Amendment:
  • The 42nd Amendment to the Indian Constitution, enacted in 1976 during the Emergency period, is one of the most significant amendments in the history of the Constitution.
  • It introduced the terms "Secularism," "Socialism," and "Integrity" into the Preamble, emphasizing the guiding principles of the Indian state.
  • With this amendment, the Preamble was modified to read: "We, the people of India, having solemnly resolved to constitute India into a sovereign, socialist, secular, democratic republic and to secure to all its citizens..."
  • These changes were made to reflect the commitment of the Indian state to uphold equality, social justice, and the secular nature of governance.
  • The 42nd Amendment is often referred to as the "Mini-Constitution" due to the extensive changes it brought to the Indian Constitution, including amendments to various articles and the addition of new provisions.

Additional Information

  • 44th Amendment:
  • The 44th Amendment Act was enacted in 1978 to restore the democratic fabric of the Constitution that had been altered during the Emergency period.
  • It did not amend the Preamble but focused on safeguarding fundamental rights, limiting executive powers, and ensuring the proper functioning of democracy.
  • For example, it modified provisions related to the declaration of emergencies and removed the right to property as a fundamental right.
  • 73rd Amendment:
  • The 73rd Amendment, enacted in 1992, introduced the Panchayati Raj system to ensure decentralized governance at the grassroots level.
  • It added Part IX and the Eleventh Schedule to the Constitution, dealing with the structure, composition, powers, and responsibilities of Panchayati Raj institutions.
  • This amendment focused on local self-governance and had no impact on the Preamble.
  • 74th Amendment:
  • The 74th Amendment, enacted in 1992 alongside the 73rd Amendment, introduced the system of urban local bodies (Municipalities) in India.
  • It added Part IX-A and the Twelfth Schedule to the Constitution, outlining the governance of municipalities and urban governance mechanisms.
  • This amendment also did not make changes to the Preamble.

Question 73

In which of the following case, the golden rule for framing prospectus was formulated by V.C. Kindersley?

A- Methodist Church v/s Union of India

B- v/s Registrar of Companies

C- New Brunswick Canada Railway Co. v/s Muggeridge

D- Jubilee Colton Mills Ltd. v/s Lewis

Choose the correct answer from the options given below:

  1. AOption (a)

    A and C Only

  2. BOption (b)

    B Only

  3. COption (c)

    C Only

  4. DOption (d)

    B and D Only

View answer & explanation

Correct answer

Answer: (c)C.

C Only

Why this answer is correct

The correct answer is 'New Brunswick Canada Railway Co. v/s Muggeridge'

Key Points

  • Golden Rule for Framing Prospectus:
  • The golden rule for framing a prospectus was established in the landmark case of New Brunswick Canada Railway Co. v/s Muggeridge.
  • According to this rule, those responsible for issuing the prospectus must provide truthful, accurate, and complete information about the company to avoid misleading potential investors.
  • The court emphasized that the prospectus should disclose all material facts, ensuring that investors are fully informed before making decisions.
  • This case laid the foundation for legal principles governing corporate disclosures and investor protection, making it a cornerstone in corporate law.

Additional Information

  • Incorrect Options:
  • Methodist Church v/s Union of India:
  • This case does not relate to the golden rule for framing a prospectus but pertains to other legal issues, such as constitutional or property matters.
  • v/s Registrar of Companies:
  • This option is vague and does not specify a particular legal principle or case related to the golden rule for prospectus framing.
  • Jubilee Colton Mills Ltd. v/s Lewis:
  • This case is unrelated to the formulation of the golden rule for framing prospectus and deals with other corporate matters.
  • Importance of the Golden Rule:
  • The golden rule ensures transparency and fairness in corporate dealings, protecting investors from fraudulent or misleading practices.
  • It serves as a guiding principle for companies and regulatory authorities in maintaining ethical standards in business operations.

Question 74

Match the LIST-I with LIST-II

(Motor Vehicle (Amendment) Act, 2019)

 

LIST-I (Section)
Sectionn under the Motor Vehicle (Amendment) Act, 2019)
LIST-II
(Provision)
A. Section 164 BI. Information to be given regarding accident
B. Section 162II. Motor Vehicle Accident Fund
C. Section 164 AIII. Scheme for golden hour
D. Section 159IV. Scheme for Interim relief for claimants

Choose the correct answer from the options given below

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (d)D.

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

Why this answer is correct

The correct answer is 'A-II, B-III, C-IV, D-I'

Key Points

  • Motor Vehicle (Amendment) Act, 2019:
  • The Motor Vehicle (Amendment) Act, 2019 was introduced to improve road safety, reduce accidents, and provide enhanced relief to accident victims.
  • It incorporates various provisions to streamline accident management, compensation mechanisms, and promote responsible driving behavior.
  • Section Mapping:
  • A. Section 164 B - Motor Vehicle Accident Fund (II): This section establishes a Motor Vehicle Accident Fund to provide compensation for victims of accidents, particularly in hit-and-run cases.
  • B. Section 162 - Scheme for Golden Hour (III): This section outlines a scheme to save lives during the 'golden hour' (the critical first hour after an accident) by ensuring prompt medical attention and assistance.
  • C. Section 164 A - Scheme for Interim Relief for Claimants (IV): This section provides provisions for interim relief to accident victims and their families while claims are being settled.
  • D. Section 159 - Information to be given regarding accident (I): This section mandates the reporting of accidents and sharing of information to facilitate accident management and investigation.

Additional Information

  • Explanation of Incorrect Options:
  • Option 1 (A-I, B-IV, C-III, D-II): Incorrect mapping of sections, as Section 164 B relates to Motor Vehicle Accident Fund, not Information regarding accidents.
  • Option 2 (A-IV, B-I, C-II, D-III): Incorrect mapping, as Section 162 relates to the golden hour scheme, not accident information.
  • Option 3 (A-III, B-II, C-IV, D-I): Incorrect mapping, as Section 164 B pertains to the Motor Vehicle Accident Fund and not the golden hour scheme.
  • Impact of the Act:
  • The Act has significantly enhanced provisions for road safety and accident victim relief, ensuring better coordination and accountability among stakeholders.
  • It has also introduced stricter penalties for traffic violations to promote safer driving practices.

Question 75

Match the LIST-I with LIST-II

 

LIST-I (Heirs)LIST-II (Succession Category)
A. Paternal Aunt's SonI. Class II
B. Daughter's Son's daughterII. Cognate
C. Paternal Uncle's daughterIII. Class I
D. Daughter of a predeceased SonIV. Agnate

 

 

Choose the correct answer from the options given below:

  1. AOption (a)

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

View answer & explanation

Correct answer

Answer: (b)B.

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

Why this answer is correct

The correct answer is 'A-II, B-I, C-IV, D-III'

Key Points

  • Explanation of LIST-I (Heirs) and LIST-II (Succession Category):
  • In the Hindu Succession Act, heirs are divided into categories to determine the order of inheritance. These categories include Class I heirs, Class II heirs, agnates, and cognates.
  • Each heir in LIST-I corresponds to a specific category in LIST-II based on their relationship to the deceased.
  • Matching LIST-I with LIST-II:
  • A. Paternal Aunt's Son: Falls under the category of Cognate because he is a distant relative connected through female lineage. Cognates are relatives who are not connected exclusively through male lineage.
  • B. Daughter's Son's Daughter: Belongs to Class II heirs. Class II heirs include more distant relatives such as grandchildren who are not directly descending heirs (e.g., daughter’s children).
  • C. Paternal Uncle's Daughter: Fits under the category of Agnate since she is related to the deceased exclusively through male lineage.
  • D. Daughter of a Predeceased Son: Is classified under Class I heirs. Class I heirs include close family members such as children and grandchildren of the deceased.

Additional Information

  • Incorrect Options Analysis:
  • Option 1 (A-I, B-III, C-II, D-IV): Incorrect because it mismatches the categories. For example, the Daughter's Son's Daughter is incorrectly classified as Class I instead of Class II.
  • Option 3 (A-II, B-IV, C-I, D-III): Incorrect as it misclassifies Paternal Aunt's Son as Agnate instead of Cognate and Daughter's Son’s Daughter as Agnate instead of Class II.
  • Option 4 (A-I, B-II, C-III, D-IV): Incorrect due to incorrect classifications of Paternal Aunt's Son as Class I and Paternal Uncle's Daughter as Class III instead of Agnate.
  • Categories under Hindu Succession Act:
  • Class I heirs: Includes close relatives such as sons, daughters, and their descendants.
  • Class II heirs: Includes more distant relatives such as siblings, grandchildren, and their descendants.
  • Agnates: Relatives connected exclusively through male lineage.
  • Cognates: Relatives connected through female lineage or distant relationships.

Question 76

Arrange the following cases on Gift under Muslim Law in chronological order (Ascending):

A- Maqbool Alam v/s Khadija

B- Khurshida Begum v/s Mohammad Farooq

C- Abdul Rahim v/s Abdul Zabar

D- Valia v/s Putthakalan

Choose the correct answer from the options given below:

  1. AOption (a)

    C, B, D, A

  2. BOption (b)

    D, C, A, B

  3. COption (c)

    B, C, A, D

  4. DOption (d)

    A, D, B, C

View answer & explanation

Correct answer

Answer: (b)B.

D, C, A, B

Why this answer is correct

The correct answer is 'D, C, A, B'

Key Points

  • Brief Overview of Gifts under Muslim Law:
  • Under Muslim law, gifts (Hiba) are a voluntary transfer of property from one person to another without any consideration.
  • The essentials of a valid gift include declaration by the donor, acceptance by the donee, and delivery of possession.
  • Judicial interpretations in various cases have clarified and shaped the application of these principles in practice.
  • Chronological Order of Cases:
  • Valia v/s Putthakalan: This case is among the earliest instances discussing gifts under Muslim law, focusing on the delivery of possession as a critical element.
  • Abdul Rahim v/s Abdul Zabar: A subsequent case that elaborated on the essentials of a valid gift, particularly addressing the donor's intent and the donee's acceptance.
  • Maqbool Alam v/s Khadija: This case dealt with specific issues of revocation and validity of gifts under Muslim law.
  • Khurshida Begum v/s Mohammad Farooq: The latest case in this sequence, addressing modern implications and disputes related to gifts under Muslim law.

Additional Information

  • Explanation of Incorrect Options:
  • Option 1 (C, B, D, A): This sequence is incorrect as it places Abdul Rahim v/s Abdul Zabar and Khurshida Begum v/s Mohammad Farooq earlier than Valia v/s Putthakalan, which is the first case chronologically.
  • Option 3 (B, C, A, D): This order incorrectly places Khurshida Begum v/s Mohammad Farooq before Abdul Rahim v/s Abdul Zabar and Valia v/s Putthakalan, disrupting the chronological flow.
  • Option 4 (A, D, B, C): This arrangement places Maqbool Alam v/s Khadija before Valia v/s Putthakalan, which is not accurate based on the timeline of the cases.
  • Importance of Chronology in Legal Cases:
  • Chronological arrangement helps in understanding the evolution of judicial interpretations and principles over time.
  • It provides clarity on how earlier cases influence later judgments and legal doctrines.

Question 77

Which one of the following Reports of the Law Commission of India supported/recommended the inclusion of irretrievable breakdown of marriage as a ground for divorce?

  1. AOption (a)

    73rd Report

  2. BOption (b)

    72nd Report

  3. COption (c)

    71st Report

  4. DOption (d)

    70th Report

View answer & explanation

Correct answer

Answer: (c)C.

71st Report

Why this answer is correct

The correct answer is '71st Report of the Law Commission of India'

Key Points

  • 71st Report and Irretrievable Breakdown of Marriage:
  • The 71st Report of the Law Commission of India, submitted in 1978, specifically addressed the concept of irretrievable breakdown of marriage as a ground for divorce.
  • The report argued that when a marriage has irretrievably broken down, forcing the couple to stay married only perpetuates misery for both parties and serves no constructive purpose.
  • It recommended the inclusion of irretrievable breakdown of marriage as a legitimate ground for divorce under Indian matrimonial laws, emphasizing the need for humane and pragmatic approaches to address marital disputes.
  • The report highlighted that mutual respect and companionship are the essence of marriage, and once these are lost, the marriage ceases to fulfill its purpose.

Additional Information

  • Overview of Other Reports:
  • 73rd Report:
  • The 73rd Report of the Law Commission dealt with matters related to other legal reforms but did not specifically address irretrievable breakdown of marriage as a ground for divorce.
  • It focused on reforms in procedural laws and other unrelated issues.
  • 72nd Report:
  • The 72nd Report also did not address the issue of irretrievable breakdown of marriage.
  • It concentrated on reforms in criminal justice and related legal provisions.
  • 70th Report:
  • The 70th Report dealt with topics related to Hindu Marriage Act and other matrimonial laws but did not recommend irretrievable breakdown of marriage as a ground for divorce.
  • Its focus was on procedural aspects and minor amendments in existing laws.
  • Impact of the 71st Report:
  • The recommendations made in the 71st Report eventually led to greater discussions and debates on incorporating irretrievable breakdown of marriage as a ground for divorce in India.
  • Although not immediately implemented, the report provided a foundation for future amendments and judicial interpretations addressing this issue.

Question 78

Arrange the following cases related to Indian Contract Act in chronological order (Ascending):

A- State of Madhya Pradesh v/s Gobardhan Dass

B- New India Assurance Co. v/s Haryana Roadways, Sonipat

C- Chairman-cum-M.D., T.N. Tea Plantation Corp. Ltd v/s M/S Srinivasa Timbers

D- G.S.R.T.C v/s B. Anurachandra & Co.

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, D, B, A

  4. DOption (d)

    D, B, A, C

View answer & explanation

Correct answer

Answer: (a)A.

A, B, C, D

Why this answer is correct

The correct answer is 'A, B, C, D'

Key Points

  • Chronological Order of Cases under Indian Contract Act:
  • The Indian Contract Act governs the principles of contracts and agreements in India. Various landmark cases have contributed to its interpretation and application over time.
  • These cases must be arranged in ascending chronological order based on their judgment dates, which reflect their respective contributions to contract law.
  • The correct chronological order is:
  • A - State of Madhya Pradesh v/s Gobardhan Dass: (1973) This is one of the earliest cases and provides foundational insights into the interpretation of contracts under Indian law.
  • B - New India Assurance Co. v/s Haryana Roadways, Sonipat: (1997) This case followed A and dealt with issues related to insurance and liability under contracts.
  • C - Chairman-cum-M.D., T.N. Tea Plantation Corp. Ltd v/s M/S Srinivasa Timbers: (1998) This case came later and examined specific contractual disputes related to commercial agreements.
  • D - G.S.R.T.C v/s B. Anurachandra & Co.: (2001) Being the most recent case, it addressed modern contractual issues under the evolving landscape of Indian contract law.

Additional Information

  • Incorrect Options Analysis:
  • Option 2 - 'B, C, A, D': This sequence incorrectly places Case B before Case A, which is not consistent with the chronological order of judgments.
  • Option 3 - 'C, D, B, A': This option reverses the actual order, placing the most recent cases first and the earliest case last, which is incorrect.
  • Option 4 - 'D, B, A, C': This arrangement starts with the most recent case (D) and mixes up the sequence of the others, failing to align with the correct chronological progression.
  • Significance of Chronological Arrangement:
  • Understanding the chronological order of landmark cases helps in tracing the evolution of legal principles under the Indian Contract Act.
  • It highlights how earlier judgments laid the groundwork for interpreting contracts, and how subsequent cases built upon or modified these principles.

Question 79

H and W are married. H filed petition for divorce that was granted in his favour by the family court. When can H not remarry again?

  1. AOption (a)

    When there is no right of appeal against the decree

  2. BOption (b)

    When the time for appeal has expired

  3. COption (c)

    When an appeal filed was dismissed

  4. DOption (d)

    When the divorce decree was stayed

View answer & explanation

Correct answer

Answer: (d)D.

When the divorce decree was stayed

Why this answer is correct

The correct answer is 'When the divorce decree was stayed.'

Key Points

  • Legal implications of a stayed divorce decree:
  • A divorce decree granted by a family court becomes effective only when it is final and not subject to any pending appeals or stays.
  • If the decree is stayed by a higher court, it implies that the enforcement of the divorce decree has been paused, and its legal effect is temporarily suspended.
  • During this period, the couple is still considered married under the law, and neither party can legally remarry until the stay is lifted and the decree becomes final.

Additional Information

  • Overview of incorrect options:
  • Option 1 (When there is no right of appeal against the decree):
  • If there is no right of appeal against the decree, it means the decree is final and binding. In such cases, H can remarry as the divorce decree is not subject to further legal challenge.
  • Option 2 (When the time for appeal has expired):
  • If the time for filing an appeal has expired and no appeal has been filed, the decree becomes final and enforceable. H can remarry in this situation.
  • Option 3 (When an appeal filed was dismissed):
  • If an appeal is filed and subsequently dismissed, the original divorce decree stands as valid and enforceable. H is free to remarry after the dismissal of the appeal.
  • Explanation of Option 4:
  • When the divorce decree is stayed, it indicates that the decree is not yet final due to the intervention of a higher court. Until the stay is lifted, H cannot remarry as the marital status remains legally intact.
  • A stay order is issued to temporarily halt the implementation of a decree while the higher court reviews the matter.

Question 80

Which of the following statements are correct in the context of standard form contracts?

A- Notice should not be contemporaneous with the consent.

B- There should be a reasonable notice of the contractual terms.

C- There should be no misrepresentation.

D- The parties are not bound if the terms are contained in a contractual document.

E- The contract with standard terms may be drafted by one party and on the same terms contracts may be made with numerous persons.

Choose the correct answer from the options given below:

  1. AOption (a)

    B, C, E Only

  2. BOption (b)

    A, B, C Only

  3. COption (c)

    B, C, D Only

  4. DOption (d)

    A, D, C Only

View answer & explanation

Correct answer

Answer: (a)A.

B, C, E Only

Why this answer is correct

The correct answer is 'B, C, E Only'

Key Points

  • Standard Form Contracts:
  • Standard form contracts are agreements drafted by one party, typically in a pre-determined format, and offered to numerous individuals without negotiation.
  • They are widely used in industries such as insurance, banking, and telecommunications, where contracts need to be uniform and efficient for mass use.
  • These contracts often contain terms and conditions that favor the drafting party, but legal principles ensure fairness and protect parties from exploitation.
  • Correct Statements:
  • Reasonable notice of contractual terms (B): Parties entering into a contract must be given adequate notice of the terms. This ensures transparency and that the signing party understands the obligations they are agreeing to.
  • No misrepresentation (C): Standard form contracts must not contain misleading or deceptive information. Misrepresentation invalidates the contract as it breaches trust and fairness principles.
  • Contracts drafted for numerous persons (E): Standard form contracts are designed to be used repeatedly with multiple parties on the same terms. This uniformity simplifies processes for businesses while ensuring consistency.

Additional Information

  • Incorrect Statements:
  • Notice not contemporaneous with consent (A): This is incorrect because notice of contractual terms must occur before or at the time of consent. If notice is given after consent, it undermines the validity of the agreement.
  • Parties not bound if terms are in a contractual document (D): This is incorrect because parties are bound by the terms of a contract when they sign or agree to it, provided the terms are in a document they were aware of and had reasonable notice of.
  • Legal Safeguards:
  • Courts scrutinize unfair or one-sided clauses in standard form contracts to ensure justice and equity.
  • Consumers are protected under laws that regulate unfair trade practices and deceptive terms in contracts.

Question 81

Which of the following provision of the Partnership Act explains the evidentiary value of entries in the Register of Firms?

  1. AOption (a)

    Section 65

  2. BOption (b)

    Section 66

  3. COption (c)
    • Section 67
  4. DOption (d)

    Section 68

View answer & explanation

Correct answer

Answer: (d)D.

Section 68

Why this answer is correct

The correct answer is 'Section 68 of the Partnership Act explains the evidentiary value of entries in the Register of Firms.'

Key Points

  • Section 68 of the Indian Partnership Act:
  • Section 68 deals with the evidentiary value of entries made in the Register of Firms maintained by the Registrar of Firms.
  • According to this section, the entries in the Register of Firms are considered prima facie evidence of the facts stated therein.
  • This means that the information recorded in the Register is presumed to be true unless proven otherwise through evidence or legal challenge.
  • The provision is important for legal disputes, as it provides a reliable source of information regarding registered partnerships and their details.

Additional Information

  • Other Sections and Why They Are Incorrect:
  • Section 65:
  • Section 65 of the Indian Partnership Act deals with the rectification of mistakes in the Register of Firms, not the evidentiary value of entries.
  • This section allows for correction of errors in the Register but does not pertain to the legal evidence provided by the Register's entries.
  • Section 66:
  • Section 66 pertains to inspection and copies of entries in the Register of Firms.
  • It provides the procedure for obtaining certified copies of entries but does not address their evidentiary value.
  • Section 67:
  • Section 67 deals with the rules regarding the Registrar's duties in maintaining the Register of Firms.
  • It is focused on administrative aspects rather than the evidentiary value of entries.

Question 82

Arrange the following Conventions in the chronological order of their coming into force:

A- The Biological Weapons Convention

B- The Chemical Weapons Convention

C- The Conventional Weapons Convention

D- The Ottawa Convention on Anti-Personnel Mines

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, C, D

  2. BOption (b)

    A, C, B, D

  3. COption (c)

    C, A, B, D

  4. DOption (d)

    C, D, A, B

View answer & explanation

Correct answer

Answer: (b)B.

A, C, B, D

Why this answer is correct

The correct answer is 'A, C, B, D'

Key Points

  • The Biological Weapons Convention (BWC):
  • The BWC came into force on March 26, 1975, and was the first multilateral disarmament treaty banning an entire category of weapons.
  • It prohibits the development, production, acquisition, transfer, stockpiling, and use of biological and toxin weapons.
  • This treaty represents a major step in international efforts to address the dangers posed by biological weapons.
  • The Conventional Weapons Convention (CWC):
  • The CWC, also known as the Certain Conventional Weapons Convention, entered into force on December 2, 1983.
  • It aims to restrict or prohibit the use of conventional weapons that are deemed to cause excessive suffering or have indiscriminate effects.
  • Protocols under this convention address issues such as landmines, booby traps, incendiary weapons, and blinding laser weapons.
  • The Chemical Weapons Convention (CWC):
  • The CWC came into force on April 29, 1997, and focuses on eliminating chemical weapons and preventing their re-emergence.
  • It prohibits the development, production, stockpiling, and use of chemical weapons and mandates their destruction under international verification.
  • This treaty is notable for its robust verification regime conducted by the Organisation for the Prohibition of Chemical Weapons (OPCW).
  • The Ottawa Convention on Anti-Personnel Mines:
  • The Ottawa Convention, also known as the Mine Ban Treaty, entered into force on March 1, 1999.
  • It seeks to eliminate anti-personnel landmines by prohibiting their use, production, stockpiling, and transfer, and by requiring states to clear mined areas and assist victims.
  • This treaty has been instrumental in reducing the use of anti-personnel mines globally and addressing their humanitarian impact.

Additional Information

  • Incorrect Options Analysis:
  • Option 1 (A, B, C, D): This order incorrectly places the Chemical Weapons Convention (1997) before the Conventional Weapons Convention (1983).
  • Option 3 (C, A, B, D): This order incorrectly places the Conventional Weapons Convention (1983) before the Biological Weapons Convention (1975).
  • Option 4 (C, D, A, B): This order incorrectly places the Ottawa Convention (1999) before the Biological Weapons Convention (1975) and the Chemical Weapons Convention (1997).
  • Significance of These Conventions:
  • These conventions collectively play a critical role in promoting global security and humanitarian principles by addressing the use of weapons that pose a threat to humanity.
  • They reflect the international community's commitment to disarmament and the mitigation of the impacts of war.

Question 83

In which of the following case, the Supreme Court of India held that telephone tapping is a serious invasion of an individual's right to privacy?

  1. AOption (a)
    • People's Union for Civil Liberties vs Union of India
  2. BOption (b)
    • Rajagopal vs State of T.N.
  3. COption (c)
    • Mr. "X" vs Hospital "Z"
  4. DOption (d)

    State of Maharashtra v/s Madhulkar Narain

View answer & explanation

Correct answer

Answer: (a)A.
  • People's Union for Civil Liberties vs Union of India

Why this answer is correct

The correct answer is 'People's Union for Civil Liberties vs Union of India'

Key Points

  • People's Union for Civil Liberties vs Union of India (PUCL Case):
  • This landmark case dealt with the issue of telephone tapping and its implications on an individual's right to privacy under Article 21 of the Indian Constitution.
  • The Supreme Court held that telephone tapping is a serious invasion of privacy and emphasized that the right to privacy is part of the fundamental right to life and personal liberty.
  • It was ruled that telephone tapping could only be carried out under specific conditions as mentioned in Section 5(2) of the Indian Telegraph Act, 1885, and must be authorized by a competent authority to ensure it does not infringe upon constitutional rights.
  • The judgment reinforced the importance of safeguarding individual privacy and put checks on arbitrary surveillance by the state.

Additional Information

  • Rajagopal vs State of T.N.:
  • In this case, the Supreme Court upheld the right to privacy concerning publication of private information. It dealt with the balance between freedom of press (Article 19(1)(a)) and privacy rights.
  • However, it did not specifically address the issue of telephone tapping.
  • Mr. 'X' vs Hospital 'Z':
  • This case dealt with the disclosure of a patient’s HIV-positive status by a hospital, raising questions about medical confidentiality and privacy.
  • While it relates to privacy, it does not concern telephone tapping or state surveillance.
  • State of Maharashtra vs Madhulkar Narain:
  • This case revolved around the issue of sexual harassment and whether an individual’s right to privacy could be invoked in such circumstances.
  • It is unrelated to telephone tapping or surveillance concerns.

Question 84

Which section in BNS, 2023 replaced section 124A of IPC, 1860 by prohibiting "acts endangering sovereignty, unity and integrity of India"?

  1. AOption (a)

    Section 112

  2. BOption (b)

    Section 152

  3. COption (c)

    Section 95

  4. DOption (d)

    Section 304

View answer & explanation

Correct answer

Answer: (b)B.

Section 152

Why this answer is correct

The correct answer is Section 152 of BNS, 2023.

Key Points

  • Replacement of Section 124A of IPC:
  • Section 124A of the Indian Penal Code (IPC), 1860, previously dealt with sedition, which was often criticized for being misused to suppress dissent and free speech.
  • In the Bharatiya Nyaya Sanhita (BNS), 2023, Section 124A was replaced by Section 152, which prohibits "acts endangering the sovereignty, unity, and integrity of India."
  • This change signifies a shift in focus from sedition to broader acts that threaten the nation's unity and integrity, aligning with modern democratic values and principles.
  • Section 152 aims to address real threats to the nation without curbing legitimate expressions of dissent and criticism.

Additional Information

  • Overview of Other Options:
  • Section 112:
  • Section 112 of BNS, 2023, does not relate to acts endangering sovereignty, unity, or integrity of India. It addresses different provisions unrelated to the replacement of Section 124A.
  • Section 95:
  • Section 95 deals with offenses involving public tranquility and does not specifically replace the sedition law or focus on sovereignty or integrity.
  • Section 304:
  • Section 304 of BNS relates to culpable homicide not amounting to murder and is irrelevant to the topic of replacing Section 124A.
  • Significance of the Replacement:
  • The removal of Section 124A and its replacement with Section 152 reflect an effort to modernize and refine India's legal framework in line with constitutional protections of free speech and expression.
  • This change aims to reduce the misuse of sedition laws while ensuring that acts genuinely threatening the nation’s unity and integrity are addressed effectively.

Question 85

"True subject matter of ownership in all cases is a right". Who gave this statement?

  1. AOption (a)

    Grotius

  2. BOption (b)

    Roscoe Pound

  3. COption (c)

    Salmond

  4. DOption (d)

    Ihering

View answer & explanation

Correct answer

Answer: (c)C.

Salmond

Why this answer is correct

The correct answer is Option 3.

Key Points

  • The statement "True subject matter of ownership in all cases is a right" is attributed to John Salmond, a well-known legal theorist.
  • According to him, ownership is fundamentally a right that someone has over a thing, and not the thing itself.
  • This perspective is aligned with his legal philosophy that emphasizes the notion of rights in property law.

Question 86

Arrange the following in the order of their introduction in the American Constitution by way of Amendment (ascending order):

A- 18 year old Suffrage

B- Black Suffrage

C- Abolition of Slavery

D- Women Suffrage

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, C, D

  2. BOption (b)
    • B, C, D, A
  3. COption (c)

    C, B, D, A

  4. DOption (d)
    • A, C, B, D
View answer & explanation

Correct answer

Answer: (c)C.

C, B, D, A

Why this answer is correct

The correct answer is 'C, B, D, A'

Key Points

  • Abolition of Slavery (13th Amendment):
  • The abolition of slavery was introduced in the American Constitution through the 13th Amendment, ratified in 1865. It was the first major step toward ensuring equality and freedom for enslaved individuals.
  • This amendment prohibited slavery and involuntary servitude, except as punishment for a crime.
  • Black Suffrage (15th Amendment):
  • The 15th Amendment, ratified in 1870, granted suffrage to Black men by prohibiting the federal and state governments from denying the right to vote based on race, color, or previous condition of servitude.
  • This was a significant milestone in the struggle for civil rights and equal political participation for African Americans.
  • Women Suffrage (19th Amendment):
  • The 19th Amendment, ratified in 1920, granted women the right to vote. This marked a pivotal moment in the women's rights movement in the United States.
  • It prohibited any U.S. citizen from being denied the right to vote on the basis of sex, ensuring gender equality in suffrage.
  • 18-Year-Old Suffrage (26th Amendment):
  • The 26th Amendment, ratified in 1971, lowered the voting age from 21 to 18. This change was largely influenced by the Vietnam War, where young people argued that if they were old enough to be drafted for war, they should be allowed to vote.
  • This amendment expanded voting rights to a broader segment of the population, promoting inclusivity in electoral processes.

Additional Information

  • Incorrect Options Analysis:
  • Option 1 (A, B, C, D): This order incorrectly places 18-year-old suffrage before Black suffrage and abolition of slavery, which historically occurred much earlier.
  • Option 2 (B, C, D, A): This option places Black suffrage before the abolition of slavery, which is historically inaccurate since slavery was abolished first (13th Amendment) before Black men were granted suffrage (15th Amendment).
  • Option 4 (A, C, B, D): This option places 18-year-old suffrage and abolition of slavery in the wrong order, ignoring the correct historical timeline of amendments.
  • Significance of Constitutional Amendments:
  • These amendments reflect the evolving nature of democracy in the United States, addressing key social, racial, and gender inequalities over time.
  • They highlight the importance of constitutional mechanisms in ensuring equal rights and expanding suffrage to underrepresented groups.

Question 87

Seven Legislations are listed under Schedule I of the National Green Tribunal Act, 2010. Which of the following Act is not included under Schedule I?

  1. AOption (a)

    The Forest (Conservation) Act, 1980

  2. BOption (b)

    The Environment (Protection) Act, 1986

  3. COption (c)

    The Biological Diversity Act, 2002

  4. DOption (d)

    The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

View answer & explanation

Correct answer

Answer: (d)D.

The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

Why this answer is correct

The correct answer is 'The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006'

Key Points

  • About the National Green Tribunal (NGT) Act, 2010:
  • The National Green Tribunal Act, 2010 was enacted to provide for the establishment of a specialized tribunal to handle environmental disputes involving multi-disciplinary issues.
  • Schedule I of the NGT Act lists seven legislations under which the tribunal can exercise its jurisdiction.
  • The listed legislations primarily focus on environmental protection, conservation of forests, and biodiversity management.
  • Why 'The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006)' is not included:
  • This Act, often referred to as the Forest Rights Act (FRA), focuses on recognizing the rights of tribal and traditional forest dwellers over forest land and resources.
  • It is more socio-economic and rights-based in its orientation, rather than being focused on environmental protection or conservation.
  • As a result, it is not part of Schedule I of the NGT Act, which deals with environmental and ecological legislations.
  • Brief overview of other legislations listed in the options:
  • The Forest (Conservation) Act, 1980: This Act aims to conserve forests by restricting the use of forest land for non-forest purposes. It is included in Schedule I of the NGT Act.
  • The Environment (Protection) Act, 1986: This umbrella legislation focuses on the protection and improvement of the environment. It empowers the central government to take measures for environmental conservation and is included in Schedule I.
  • The Biological Diversity Act, 2002: This Act aims to conserve biological diversity, ensure the sustainable use of its components, and enable the fair sharing of benefits arising from the use of genetic resources. It is also part of Schedule I.

Additional Information

  • Other Legislations Under Schedule I of the NGT Act:
  • The Water (Prevention and Control of Pollution) Act, 1974 – Focuses on preventing and controlling water pollution.
  • The Air (Prevention and Control of Pollution) Act, 1981 – Aims to prevent, control, and abate air pollution.
  • The Public Liability Insurance Act, 1991 – Provides for immediate relief to persons affected by accidents involving hazardous substances.
  • Role of NGT:
  • The NGT provides a specialized forum for the effective and expeditious disposal of cases related to environmental protection and conservation of forests and natural resources.
  • It ensures compliance with the environmental laws listed under Schedule I of the NGT Act.

Question 88

Which of the following statements are not correct in respect of US Constitution?

A- Mode of Amendment is given in Article IV

B- ⅔ of both houses can propose Amendments

C- It has to be ratified by ¾ of state legislature

D- Constitution cannot be amended by Convention

Choose the correct answer from the options given below:

  1. AOption (a)

    A and B Only

  2. BOption (b)
    • A and D Only
  3. COption (c)
    • C and D Only
  4. DOption (d)
    • B and D Only
View answer & explanation

Correct answer

Answer: (b)B.
  • A and D Only

Why this answer is correct

The correct answer is 'A and D Only'

Key Points

  • Mode of Amendment in the US Constitution:
  • The mode of amendment is described in Article V of the US Constitution, not Article IV. This makes statement A incorrect.
  • Article V outlines the process through which the Constitution can be amended, emphasizing both proposal and ratification mechanisms.
  • Amendment Proposal by Congress:
  • An amendment can be proposed by a two-thirds majority of both the House of Representatives and the Senate, making statement B correct.
  • Alternatively, two-thirds of state legislatures can call for a constitutional convention to propose amendments.
  • Ratification of Amendments:
  • For an amendment to become part of the Constitution, it must be ratified by three-fourths (¾) of the state legislatures or by conventions in three-fourths of the states, making statement C correct.
  • Amendments by Convention:
  • The Constitution can be amended through a constitutional convention if called for by two-thirds of state legislatures. This makes statement D incorrect, as it falsely claims that the Constitution cannot be amended by convention.

Additional Information

  • Key Features of the US Constitutional Amendment Process:
  • Amendments are intentionally difficult to pass to ensure that only changes with broad consensus are made.
  • The US Constitution has been amended 27 times since its adoption in 1789, reflecting its flexibility and adaptability.
  • Role of Article IV:
  • Article IV of the US Constitution deals with the relationships between states and the federal government, as well as the process for admitting new states. It does not discuss the amendment process.
  • Historical Context:
  • The framers of the US Constitution included Article V to ensure that the document could evolve over time while maintaining stability and preventing hasty changes.

Question 89

Match the LIST-I with LIST-II

 

LIST-I
(Profounders)
LIST-II
(Ideas)
A. MimansaI. Law and Morals are same
B. SmritiII. "Idea of Values" is the foundation
C. Post Reformation EuropeIII. Law derives authority from State and not morals
D. KorkunovIV. Distinction between obligatory and recommendatory rules

 

 

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (a)A.

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

Why this answer is correct

The correct answer is 'A-IV, B-I, C-III, D-II'

Key Points

  • Matching LIST-I (Profounders) with LIST-II (Ideas):
  • A. Mimansa - IV (Distinction between obligatory and recommendatory rules): The Mimansa school of Indian philosophy emphasizes the differentiation between obligatory rules (Dharma) and recommendatory rules, focusing heavily on rituals and duties as prescribed in the Vedas.
  • B. Smriti - I (Law and morals are same): Smritis are ancient texts that outline moral and ethical codes, where law and morality are intertwined, reflecting a harmonious relationship between the two.
  • C. Post Reformation Europe - III (Law derives authority from State and not morals): After the Reformation period, legal thought in Europe transitioned to the belief that the authority of law originates from the state, separating it from religious or moral foundations.
  • D. Korkunov - II ("Idea of Values" is the foundation): Korkunov, a legal philosopher, proposed that laws are grounded in the "Idea of Values," asserting that societal values and norms form the basis of legal systems.

Additional Information

  • Explanation of incorrect options:
  • Option 2 (A-II, B-III, C-I, D-IV): This arrangement mixes the ideas incorrectly. For example, Mimansa is not associated with the "Idea of Values" (II), and Post Reformation Europe cannot be linked to the idea that "Law and morals are same" (I).
  • Option 3 (A-III, B-IV, C-II, D-I): This option incorrectly matches Mimansa with the idea that "Law derives authority from State and not morals" (III), which is more reflective of Post Reformation Europe. Similarly, Smriti is erroneously linked with "Distinction between obligatory and recommendatory rules" (IV).
  • Option 4 (A-I, B-II, C-IV, D-III): This option misaligns Mimansa with "Law and morals are same" (I), which is more closely associated with Smriti, and Post Reformation Europe with "Distinction between obligatory and recommendatory rules" (IV), which is incorrect.
  • Philosophical significance:
  • These matches highlight diverse philosophical approaches to law, ethics, and societal norms across different cultures and eras.
  • Understanding these ideas helps in grasping the evolution of legal thought and its influence on contemporary legal systems.

Question 90

Which of the following is not defined under section 2 of BNS, 2023 and Chapter II of IPC, 1860?

  1. AOption (a)

    Animal

  2. BOption (b)

    Person

  3. COption (c)

    Child

  4. DOption (d)

    Women

View answer & explanation

Correct answer

Answer: (c)C.

Child

Why this answer is correct

The correct answer is 'Child'

Key Points

  • Overview of Section 2 of BNS, 2023 and Chapter II of IPC, 1860:
  • Section 2 of the BNS, 2023 (presumably referring to a legal framework) defines specific terms to provide clarity and uniformity in legal proceedings.
  • Similarly, Chapter II of the Indian Penal Code (IPC), 1860 contains definitions that are essential for understanding various provisions of the Code.
  • These definitions help in interpreting laws and ensuring their consistent application.
  • Why 'Child' is the correct answer:
  • The term 'Child' is not explicitly defined under Section 2 of BNS, 2023 or Chapter II of IPC, 1860.
  • While other laws such as the Juvenile Justice Act, 2015 and the Protection of Children from Sexual Offences (POCSO) Act, 2012 define 'Child', the IPC and BNS do not provide a specific definition for this term within the mentioned sections.
  • This absence is significant because the legal interpretation of 'Child' may vary depending on the context and applicable legislation.

Additional Information

  • Analysis of other options:
  • Animal: The term 'Animal' is defined under Chapter II of IPC, 1860, which includes all living creatures other than humans. It is used in various legal contexts to address cruelty and protection of animals.
  • Person: 'Person' is a broadly defined term in the IPC and other legal frameworks to include both natural persons (individual human beings) and legal persons (entities such as corporations or organizations).
  • Women: The term 'Women' is defined and used in numerous sections of the IPC to address crimes specifically targeting women, including provisions for safety and protection against offenses such as sexual harassment and violence.
  • Contextual Legal Definitions:
  • Many terms not defined in the IPC are addressed in specialized laws to ensure their specific interpretation aligns with the purpose of those laws.
  • It is essential to refer to these specialized laws for precise definitions and applications of terms like 'Child'.

Read the following passage and answer the questions:

Under English Law, ‘Transsexual’ cannot marry a partner of his or her original sex because sex was declared at birth and could not be changed by artificial intervention. Marriage could be entered into by one man and women only. In 2002, European Court of Human Rights declared that United Kingdom was in breach of Articles 8 and 12 of European Convention for failing to recognize transsexual’s new gender. House of Lords declared in case of Bellinger v/s Bellinger that S 11 (c) of Matrimonial Causes Act, 1973 was incompatible with the Convention. The Legislature addressed this situation with Gender Recognition Act, 2004. This provided that transsexual over the age of 18 fulfilling medical criterion, living in other gender, or have changed their gender under law of an approved country can apply for gender recognition certificate. This will provide legal status necessary for acquired gender to marry a partner of transsexual’s former sex. However, where the respondent was person of acquired gender prior to marriage, such a marriage is still voidable.

Question 91

Based on Passage: View directions & passage

Which is not correct about the traditional notion ‘transsexuals’?

  1. AOption (a)

    Under traditional notion, transsexual enjoyed full legal status.

  2. BOption (b)

    They could not marry a partner of their original sex.

  3. COption (c)

    Sex could not be changed by artificial intervention.

  4. DOption (d)

    Marriage was valid between one man and one women only.

View answer & explanation

Correct answer

Answer: (a)A.

Under traditional notion, transsexual enjoyed full legal status.

Why this answer is correct

The correct answer is: Option 1) Under traditional notion, transsexuals enjoyed full legal status.

Key Points

According to the passage, under the traditional notion of English law, transsexuals did not have full legal status. Specifically: 

  • They could not marry a partner of their original sex.
  • Sex could not be changed by artificial intervention.
  • Marriage was valid only between one man and one woman.

Thus, the statement in Option 1 is not correct, as transsexuals were not granted full legal status under traditional English law.

Question 92

Based on Passage: View directions & passage

Which section of Matrimonial Causes Act, 1973 was incompatible with European Convention?

  1. AOption (a)

    11 (c)

  2. BOption (b)

    12 (a)

  3. COption (c)

    11 (g)

  4. DOption (d)

    1 (c)

View answer & explanation

Correct answer

Answer: (a)A.

11 (c)

Why this answer is correct

The correct answer is: Option 1) 11 (c)

Key Points

The passage mentions that the  House of Lords declared Section 11(c) of the Matrimonial Causes Act, 1973 to be incompatible with the European Convention for failing to recognize a transsexual's new gender. Therefore, Option 1 is correct.

Question 93

Based on Passage: View directions & passage

Failing to recognise new gender of a transsexual is contravention of which Articles of European Convention?

  1. AOption (a)

    Article 8 and 12

  2. BOption (b)

    Article 9 and 11

  3. COption (c)

    Article 10 and 2

  4. DOption (d)

    Article 11 and 8

View answer & explanation

Correct answer

Answer: (a)A.

Article 8 and 12

Why this answer is correct

The correct answer is: Option 1) Article 8 and 12

Key Points

The passage states that the  European Court of Human Rights declared that the United Kingdom was in breach of Articles 8 and 12 of the European Convention for failing to recognize a transsexual's new gender. Therefore, Option 1 is the correct answer.

Question 94

Based on Passage: View directions & passage

Which document provided legal status to acquired gender?

  1. AOption (a)

    Order of Court

  2. BOption (b)

    Declaration by Crown

  3. COption (c)

    Regulation 1 of European Convention

  4. DOption (d)

    Gender Recognition Certificate

View answer & explanation

Correct answer

Answer: (d)D.

Gender Recognition Certificate

Why this answer is correct

The correct answer is: Option 4) Gender Recognition Certificate

Key Points

The passage mentions that the  Gender Recognition Act, 2004 provided that transsexuals could apply for a Gender Recognition Certificate if they met certain criteria. This certificate provided the legal status necessary for their acquired gender, allowing them to marry a partner of their former sex. Therefore, Option 4 is the correct answer.

Question 95

Based on Passage: View directions & passage

Gender Recognition Act came up in which year?

  1. AOption (a)

    2002

  2. BOption (b)

    2003

  3. COption (c)

    1994

  4. DOption (d)

    2004

View answer & explanation

Correct answer

Answer: (d)D.

2004

Why this answer is correct

The correct answer is: Option 4) 2004

Key Points

The passage clearly mentions that the Gender Recognition Act was introduced in 2004 to address the issue of transsexuals' legal status and recognition of their acquired gender. Therefore, Option 4 is the correct answer.

Read the following passage and answer the questions:

Moral rights first became part of the international system with their inclusion in the Berne Convention, which was established during the 1928 revision conference in Rome. The text has been subject to amendment only twice in 1948, at the Brussels revision conference of the Berne Convention, and again, at the landmark Stockholm conference of 1967. It is telling that the amendments did not introduce substantial change into the provisions, unless it was to reduce their scope. Their focus, rather was on clarifying limitations on moral rights which previous generations of negotiators may well have taken for granted as built into the system.

Question 96

Based on Passage: View directions & passage

Which of the following brought clarification on limitation on moral rights?

  1. AOption (a)

    Rome Conference

  2. BOption (b)

    Brussels Revision Conference alone

  3. COption (c)

    Both Brussels Revision Conference and Stockholm Conference

  4. DOption (d)

    Stockholm Conference alone

View answer & explanation

Correct answer

Answer: (c)C.

Both Brussels Revision Conference and Stockholm Conference

Why this answer is correct

The correct answer is: Option 3) Both Brussels Revision Conference and Stockholm Conference

Key Points

The passage mentions that the amendments made during the  Brussels revision conference in 1948 and the Stockholm conference of 1967 focused on clarifying limitations on moral rights. Therefore, Option 3 is the correct answer.

Question 97

Based on Passage: View directions & passage

Which is true about moral rights?

  1. AOption (a)

    The 1948 and 1967 amendments enlarged the scope of moral rights.

  2. BOption (b)

    The Brussels revision conference and the Stockholm conference clarified limitations on moral rights.

  3. COption (c)

    The Brussels and Stockholm amendments brought substantial changes in the realm of moral rights.

  4. DOption (d)

    The original Berne convention text itself carried provisions on moral rights.

View answer & explanation

Correct answer

Answer: (b)B.

The Brussels revision conference and the Stockholm conference clarified limitations on moral rights.

Why this answer is correct

The correct answer is: Option 2) The Brussels revision conference and the Stockholm conference clarified limitations on moral rights.

Key Points

The passage clearly states that the amendments in the  Brussels revision conference of 1948 and the Stockholm conference of 1967 focused on clarifying limitations on moral rights, rather than enlarging their scope or introducing substantial changes. Therefore, Option 2 is the correct answer.

Question 98

Based on Passage: View directions & passage

Which international legal instrument incorporates the provision for protection of moral rights?

  1. AOption (a)

    Stockholm Convention

  2. BOption (b)

    Brussels Convention

  3. COption (c)

    Berne Convention

  4. DOption (d)

    Rome Convention

View answer & explanation

Correct answer

Answer: (c)C.

Berne Convention

Why this answer is correct

The correct answer is:Option 3) Berne Convention

Key Points

The passage mentions that moral rights first became part of the international system with their inclusion in the Berne Convention, which was established during the 1928 revision conference in Rome. Therefore, Option 3 is the correct answer.

Question 99

Based on Passage: View directions & passage

Which is not correct about the Rome Revision Conference, 1928?

  1. AOption (a)

    It incorporated moral rights into Berne Convention

  2. BOption (b)

    The text on moral rights introduced by 1928 Revision has never undergone any amendments

  3. COption (c)

    The focus on Stockholm conference was not to nullify the moral rights introduced by Rome Conference

  4. DOption (d)

    The Brussels Revision Conference brought first amendment to the text of moral rights inserted by Rome Conference

View answer & explanation

Correct answer

Answer: (b)B.

The text on moral rights introduced by 1928 Revision has never undergone any amendments

Why this answer is correct

The correct answer is:Option 2) The text on moral rights introduced by 1928 Revision has never undergone any amendments

Key Points

The passage states that the text of the Berne Convention regarding moral rights has been subject to amendments twice: once in the  1948 Brussels revision conference and again in the 1967 Stockholm conference. Therefore, Option 2 is incorrect because the text has indeed undergone amendments since the 1928 revision.

Question 100

Based on Passage: View directions & passage

In which year 'moral rights' were first introduced into the international system?

  1. AOption (a)

    1967

  2. BOption (b)

    1928

  3. COption (c)

    1886

  4. DOption (d)

    1948

View answer & explanation

Correct answer

Answer: (b)B.

1928

Why this answer is correct

The correct answer is: Option 2) 1928

Key Points

The passage mentions that moral rights first became part of the international system with their inclusion in the Berne Convention during the 1928 revision conference in Rome. Therefore, Option 2 is the correct answer.

100 questions in the full paper