Previous Year Paper

UGC NET Paper 2: Law 27th Jan 2025 Shift 2 (Previous Year Paper)

Held in 2025

100 questions120 minutes
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Question 1

Which one of the following is not part of Specified Dower in Muslim Law?

  1. AOption (a)

    Prompt Dower

  2. BOption (b)

    Deferred Dower

  3. COption (c)

    Dower Stipulated in Marriage Contract 

  4. DOption (d)

    Proper Dower

View answer & explanation

Correct answer

Answer: (d)D.

Proper Dower

Why this answer is correct

The correct answer is 'Proper Dower'

Key Points

  • Prompt Dower: A sum of money or property payable by the husband to the wife immediately after marriage.
  • Deferred Dower: A sum payable by the husband at a later date, often upon divorce or the death of the husband.
  • Dower Stipulated in Marriage Contract: The amount of dower mutually agreed upon by both parties during the marriage contract.
  • Proper Dower: This term does not form part of the specified dower in Muslim Law. It refers more to an ideal or customary practice but not a part of the specified categories of dower under Islamic law.

Additional Information

  • Muslim law categorizes dower into two main types: prompt and deferred, depending on when the payment is made.
  • The dower is an essential part of the marriage contract, ensuring financial security for the wife.
  • The dower stipulated in the marriage contract is legally binding unless the terms are revised or waived by mutual consent.

Question 2

In which of the following case victims/wife of bigamous marriage were allowed to get maintenance under Section 125 of Criminal Procedure Code?

  1. AOption (a)

    Shayara Bano v/s Union of India

  2. BOption (b)

    Dharmendra Kumar v/s Usha Kumar

  3. COption (c)

    Badshah v/s Sou. Urmila Badshah Godse

  4. DOption (d)

    Saroj Rani v/s Sudarshan Kumar

View answer & explanation

Correct answer

Answer: (c)C.

Badshah v/s Sou. Urmila Badshah Godse

Why this answer is correct

The correct answer is 'Badshah v/s Sou. Urmila Badshah Godse'

Key Points

  • Understanding Section 125 of the Criminal Procedure Code:
  • Section 125 of the CrPC provides a legal remedy for the maintenance of dependents, including wives, children, and parents, to protect them from destitution.
  • The provision is meant to ensure social justice by enabling economically weaker sections to claim financial support.
  • Badshah v/s Sou. Urmila Badshah Godse:
  • This landmark case dealt with the rights of a woman in a bigamous marriage to claim maintenance under Section 125.
  • The Supreme Court held that the word "wife" under Section 125 CrPC includes a woman who has been duped into a bigamous marriage. It emphasized that the law is meant to protect women from financial destitution.
  • The Court further stated that the husband cannot escape liability for maintenance by taking advantage of his own wrong of concealing the subsistence of his first marriage.
  • This judgment reflects the progressive interpretation of laws to uphold justice and fairness, even in cases involving bigamy.

Additional Information

  • Why other options are incorrect:
  • Shayara Bano v/s Union of India:
  • This case dealt with the issue of triple talaq and its unconstitutionality but did not address the maintenance rights of wives in bigamous marriages.
  • Dharmendra Kumar v/s Usha Kumar:
  • This case focused on matrimonial disputes and the concept of mental cruelty, not on the specific issue of maintenance under Section 125 for bigamous marriages.
  • Saroj Rani v/s Sudarshan Kumar:
  • This case revolved around restitution of conjugal rights under Section 9 of the Hindu Marriage Act and did not deal with maintenance for victims of bigamous marriages.
  • Broader Implication of Badshah v/s Urmila Case:
  • The judgment in the Badshah case highlights the judiciary's role in interpreting laws to address societal issues like bigamy and women's rights.
  • It sets a precedent for protecting women who are deceived into bigamous marriages, ensuring they are not left financially vulnerable due to the fraudulent actions of their husbands.

Question 3

As per the Supreme Court of India in the Oleum Gas leak case, the nature of duty owed by an enterprise engaged in hazardous industry posing a potential threat to health and safety of persons residing in the surrounding area is :

(A) Inherent duty

(B) Imperative and non-derogable duty

(C) Absolute and delegable duty

(D) Resolute duty

(E) Absolute and non-delegable duty

Choose the correct answer from the options given below:

  1. AOption (a)

    (A) and (B) Only

  2. BOption (b)

    (B) and (C) Only

  3. COption (c)

    (E) Only

  4. DOption (d)

    (C) and (D) Only

View answer & explanation

Correct answer

Answer: (c)C.

(E) Only

Why this answer is correct

The correct answer is 'Absolute and non-delegable duty'.

Key Points

  • Understanding the context of the Oleum Gas Leak case:
  • The Oleum Gas Leak case, also known as the M.C. Mehta vs Union of India case (1986), is a landmark judgment by the Supreme Court of India that laid down the principle of "absolute liability" for enterprises engaged in hazardous or inherently dangerous activities.
  • The case arose from a gas leak at Shriram Foods and Fertilizers Industry in Delhi, which caused widespread harm to human health and the environment.
  • The court established that enterprises engaged in hazardous activities owe an absolute and non-delegable duty to ensure that no harm is caused to people or the environment.
  • Absolute and non-delegable duty:
  • This duty is "absolute" because it does not allow for any exceptions or excuses, such as absence of negligence or fault.
  • It is "non-delegable" because the responsibility cannot be transferred to any third party. The enterprise must ensure safety measures are in place and effective.
  • The principle ensures that enterprises take extra precautions when operating activities that pose potential dangers to the public and the environment.
  • The court ruled that such industries must compensate victims of accidents, regardless of whether they were negligent or not.

Additional Information

  • Analysis of other options:
  • (A) Inherent duty:
  • This term refers to a natural or essential duty, but it does not capture the legal and binding nature of the obligation set by the court in the Oleum Gas case. It lacks the emphasis on the strictness and non-delegability of the duty.
  • (B) Imperative and non-derogable duty:
  • While this option suggests a duty that cannot be compromised or reduced, it does not specifically address the "absolute" nature of liability emphasized by the court in hazardous industries.
  • (C) Absolute and delegable duty:
  • This option is incorrect because the duty imposed by the Supreme Court is explicitly non-delegable, meaning it cannot be transferred to another party.
  • (D) Resolute duty:
  • While "resolute" suggests a firm and determined obligation, it does not accurately capture the legal framework of "absolute and non-delegable" liability established by the court.
  • Significance of the judgment:
  • The principle of "absolute and non-delegable duty" ensures that industries engaging in hazardous activities bear the full responsibility for any harm caused, fostering accountability and the implementation of stringent safety measures.
  • This judgment has influenced environmental law and industrial safety regulations in India, setting a precedent for strict liability in cases involving hazardous industries.

Question 4

Which of the following is a guide to the International Court of Justice to decide disputes submitted to it by State parties?

  1. AOption (a)

    Non-binding international conventions

  2. BOption (b)

    Principles of engagement laid down by the permanent members of the United Nations Security Council

  3. COption (c)

    The general principles of Law recognised by civilised nations

  4. DOption (d)

    Previous decisions of the International Court of Justice

View answer & explanation

Correct answer

Answer: (c)C.

The general principles of Law recognised by civilised nations

Why this answer is correct

The correct answer is 'The general principles of Law recognised by civilised nations.'

Key Points

  • General Principles of Law Recognised by Civilised Nations:
  • The International Court of Justice (ICJ) is guided by Article 38(1) of its Statute, which explicitly lists the sources of law the court must rely on to resolve disputes submitted to it.
  • Among these sources, "general principles of law recognised by civilised nations" serve as an important basis for decisions when no specific treaty, convention, or international custom directly applies.
  • These principles are derived from common legal traditions and practices shared by nations, such as equity, justice, and procedural fairness.
  • They ensure consistency and universality in the application of international law, allowing the ICJ to render judgments even in cases where specific legal rules are not well-established.
  • Examples include principles like the prohibition of abuse of rights or the concept of good faith in international dealings.

Additional Information

  • Non-binding international conventions:
  • Non-binding conventions, by definition, lack legal force and cannot directly guide the ICJ in decision-making.
  • While they may serve as persuasive references or reflect emerging norms, they are not considered authoritative sources under Article 38 of the ICJ Statute.
  • Principles of engagement laid down by permanent members of the UN Security Council:
  • The ICJ operates independently of the UN Security Council and does not follow principles laid down by its permanent members.
  • Its mandate is based solely on international law and the Statute of the ICJ, ensuring impartiality and neutrality in its decisions.
  • Previous decisions of the International Court of Justice:
  • While previous decisions may offer guidance and insight, they are not binding precedents under international law.
  • The ICJ may use prior rulings to inform its judgment, but its decisions are grounded in the sources of law listed in Article 38, including treaties, customs, and general principles.

Question 5

Match List - I with List - II.

List I (Provision/Concept)List - II (Sections under the Negotiable Instrument Act, 1881)
(A)Dishonour of cheque for insufficiency of funds(I)Section 9
(B)Holder in due course(II)Section 5
(C)Promissory Note(III)Section 138
(D)Bill of Exchange(IV)Section 4

 

 

 

 

 

 

 

 

 

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)-(II), (C)-(III), (D)-(IV)

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (a)A.

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

Why this answer is correct

The correct answer is 'Match List - I with List - II as (A)-(III), (B)-(I), (C)-(IV), (D)-(II)'.

Key Points

  • Dishonour of cheque for insufficiency of funds (A) - Section 138 (III):
  • Section 138 of the Negotiable Instrument Act, 1881, deals with the dishonour of a cheque due to insufficient funds or if the amount exceeds the arrangement made with the bank.
  • This provision ensures accountability in financial transactions and prescribes penalties, including imprisonment and fines, for such offences.
  • Holder in due course (B) - Section 9 (I):
  • Section 9 defines "Holder in Due Course" as a person who has obtained a negotiable instrument in good faith and for consideration before its maturity.
  • This concept provides certain rights and privileges to the holder in due course, such as immunity from certain defects in the title of the instrument.
  • Promissory Note (C) - Section 4 (IV):
  • Section 4 defines a Promissory Note as an instrument in writing that contains an unconditional undertaking to pay a certain sum of money to a specified person or bearer.
  • It is one of the key negotiable instruments outlined in the Act.
  • Bill of Exchange (D) - Section 5 (II):
  • Section 5 defines a Bill of Exchange as an instrument in writing containing an unconditional order to pay a certain sum of money to a person or to the order of a person.
  • It is another key negotiable instrument and is primarily used in trade and commerce.

Additional Information

  • Explanation of Incorrect Options:
  • Option 2 pairs the provisions and sections incorrectly, such as assigning (A) to (I) and (B) to (II), which does not align with the provisions of the Negotiable Instrument Act.
  • Option 3 misaligns (A) with (IV) and other sections incorrectly, which does not match the legal definitions provided under the Act.
  • Option 4 assigns (A) to (II) and other mismatched pairings, which are not consistent with the Act's framework.
  • Importance of the Negotiable Instrument Act, 1881:
  • The Act provides a legal framework for the use and resolution of disputes related to negotiable instruments like cheques, promissory notes, and bills of exchange.
  • It ensures smooth financial transactions and instills trust in trade and commerce by providing remedies for dishonoured instruments.

Question 6

In the context of refugees, which of the following options provide the analogous Article of the EU Charter of Fundamental Rights corresponding to Article 3 of the ECHR ?

  1. AOption (a)

    Article 3

  2. BOption (b)

    Article 4

  3. COption (c)

    Article 5

  4. DOption (d)

    Article 6

View answer & explanation

Correct answer

Answer: (b)B.

Article 4

Why this answer is correct

The correct answer is 'Article 4 of the EU Charter of Fundamental Rights'

Key Points

  • Article 4 of the EU Charter of Fundamental Rights:
  • Article 4 of the EU Charter of Fundamental Rights explicitly prohibits torture and inhuman or degrading treatment or punishment, mirroring the protections provided under Article 3 of the European Convention on Human Rights (ECHR).
  • It ensures that no individual, including refugees or asylum seekers, is subjected to actions that would constitute inhuman or degrading treatment.
  • This prohibition is absolute, meaning it applies in all circumstances, regardless of the situation or the individual's status, making it a cornerstone of human rights protection within the EU.
  • In the context of refugees, this article serves to protect them from being returned to countries where they may face such treatment, aligning with the principle of non-refoulement under international law.

Additional Information

  • Why other options are incorrect:
  • Option 1 - Article 3: Article 3 of the EU Charter relates to the right to integrity of the person, including prohibitions on eugenic practices, human cloning, and non-consensual medical experiments. It does not address torture or inhuman treatment, making it different from Article 3 of the ECHR.
  • Option 3 - Article 5: Article 5 of the EU Charter addresses the prohibition of slavery and forced labor. While it is a critical human rights provision, it does not correspond to Article 3 of the ECHR, which focuses on torture and inhuman treatment.
  • Option 4 - Article 6: Article 6 pertains to the right to liberty and security, aligning more with Article 5 of the ECHR rather than Article 3. It does not address issues of torture or inhuman treatment.
  • Importance of Article 3 of the ECHR:
  • Article 3 of the ECHR is a fundamental provision that prohibits torture and inhuman or degrading treatment or punishment under all circumstances.
  • This article has significant implications for the treatment of refugees and asylum seekers, as it prohibits their return to countries where they may face such treatment (principle of non-refoulement).
  • Relationship between EU Charter and ECHR:
  • The EU Charter of Fundamental Rights and the ECHR share several common principles, as the Charter draws heavily from the ECHR in defining fundamental rights within the EU legal framework.
  • While the ECHR is a treaty under the Council of Europe, the Charter is binding on EU institutions and member states when they implement EU law.

Question 7

Which book of John Rawls was published in the year 1971 ?

  1. AOption (a)

    The Concept of Law

  2. BOption (b)

    The Republic

  3. COption (c)

    Justice: What is the Right Thing to Do? 

  4. DOption (d)

    The Theory of Justice

View answer & explanation

Correct answer

Answer: (d)D.

The Theory of Justice

Why this answer is correct

The correct answer is 'The Theory of Justice'

Key Points

  • The Theory of Justice:
  • Published in 1971, The Theory of Justice is a seminal work by philosopher John Rawls that revolutionized modern political and moral philosophy.
  • The book introduces the concept of "justice as fairness," which emphasizes creating a society where social and economic inequalities are arranged to benefit the least advantaged members.
  • Rawls uses the thought experiment of the "original position" and the "veil of ignorance" to argue for principles of justice that would be chosen in a hypothetical scenario where individuals do not know their place in society, ensuring impartiality.
  • This work has had a profound influence on debates surrounding equality, democracy, and social justice.

Additional Information

  • The Concept of Law (Option 1):
  • This book, written by H.L.A. Hart and published in 1961, is a foundational text in legal philosophy. It explores the nature of law, its relationship to morality, and the structure of legal systems.
  • It is not related to John Rawls or the concept of justice as fairness.
  • The Republic (Option 2):
  • The Republic is a philosophical dialogue by Plato, written around 380 BCE. It explores justice, the ideal state, and the role of philosophers in society.
  • While it addresses justice, it is a classical work of ancient philosophy and not connected to John Rawls or the year 1971.
  • Justice: What is the Right Thing to Do? (Option 3):
  • This book was written by Michael Sandel, a contemporary political philosopher, and published in 2009.
  • It focuses on ethical dilemmas and moral reasoning but is unrelated to John Rawls or the publication year 1971.

Question 8

Arrange the following schools of thought in chronological order.

(A) J. Bentham and the origins of utilitarian jurisprudence

(B) Thomas Hobbes and the origins of the imperative theory of law

(C) John Austin and legal postivism

(D) Classical Greece and The Idea of Natural Law

(E) Lon Fuller and Idea of Legalism

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

    (D), (A), (B), (C), (E) 

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (d)D.

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

Why this answer is correct

The correct answer is 'Arrange the following schools of thought in chronological order: (D), (B), (A), (C), (E)'

Key Points

  • Chronological Order of Schools of Thought:
  • (D) Classical Greece and The Idea of Natural Law: The idea of natural law traces back to Classical Greece, particularly with philosophers such as Plato and Aristotle. They emphasized that laws must align with a universal moral order. This school of thought emerged during the 4th-5th centuries BCE, forming the foundation of many legal and ethical systems.
  • (B) Thomas Hobbes and the origins of the imperative theory of law: In the 17th century, Thomas Hobbes introduced the imperative theory of law, particularly in his work "Leviathan" (1651). Hobbes argued that law is a command issued by a sovereign authority, reflecting the idea of law as a product of human will rather than divine or natural origins.
  • (A) J. Bentham and the origins of utilitarian jurisprudence: In the late 18th and early 19th centuries, Jeremy Bentham developed utilitarian jurisprudence. He argued that laws should be designed to maximize the greatest happiness for the greatest number, emphasizing utility as the guiding principle for legal systems.
  • (C) John Austin and legal positivism: Building on Bentham's ideas, John Austin formalized legal positivism in the 19th century. He defined law as commands issued by a sovereign and backed by sanctions, separating law from morality.
  • (E) Lon Fuller and the Idea of Legalism: In the mid-20th century, Lon Fuller proposed the concept of legalism, emphasizing the inner morality of law. He argued that laws must meet certain procedural standards (e.g., being clear, consistent, and publicly accessible) to be valid and just.

Additional Information

  • Other Options Explained:
  • Option 1 (A, B, C, D, E): This order is incorrect because it places Jeremy Bentham and utilitarian jurisprudence before Thomas Hobbes and the imperative theory of law, which historically predates Bentham's work.
  • Option 2 (D, A, B, C, E): This order incorrectly places Bentham's utilitarian jurisprudence before Hobbes's imperative theory of law. Hobbes's work laid the foundation for subsequent developments like Bentham's ideas.
  • Option 3 (B, D, E, A, C): This order incorrectly places Thomas Hobbes before Classical Greece and Lon Fuller before Bentham and Austin. Classical Greece predates Hobbes, and Fuller’s ideas come after Bentham and Austin.

Question 9

Arrange the following cases in their chronological order.

(A) Legal consequences of the continued presence of South Africa in Namibia (South-West Africa) notwithstanding Security Council Resolution (Advisory Opinion)

(B) Texaco Overseas Petroleum Co. v/s Govt. of the Libyan Arab Republic

(C) Fisheries Jurisdiction (United Kingdom v/s Iceland)

(D) Western Sahara Case (Advisory Opinion)

(E) Voting Procedure on Questions Relating to Reports and Petitions Concerning the Territory of South-West Africa (Advisory Opinion)

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (b)B.

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

Why this answer is correct

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

Key Points

  • Voting Procedure on Questions Relating to Reports and Petitions Concerning the Territory of South-West Africa (Advisory Opinion) - 1955:
  • This advisory opinion by the International Court of Justice (ICJ) addressed the voting procedure within the United Nations General Assembly concerning South-West Africa (now Namibia).
  • The ICJ clarified the process of decision-making and the voting rights of member states regarding reports and petitions.
  • This was the earliest case among the listed options, setting the stage for future legal interpretations involving South-West Africa.
  • Legal Consequences of the Continued Presence of South Africa in Namibia (South-West Africa) Notwithstanding Security Council Resolution (Advisory Opinion) - 1971:
  • This case dealt with the legal implications of South Africa's continued occupation of Namibia despite UN Security Council resolutions demanding its withdrawal.
  • The ICJ concluded that South Africa’s presence in Namibia was illegal and that member states were obligated to refrain from recognizing its authority.
  • Fisheries Jurisdiction (United Kingdom v/s Iceland) - 1974:
  • This contentious case arose from Iceland’s unilateral extension of its exclusive fisheries zone, which the UK challenged.
  • The ICJ ruled on issues related to maritime law and the rights of states over adjacent marine resources.
  • Western Sahara Case (Advisory Opinion) - 1975:
  • This advisory opinion examined the legal status of Western Sahara and the claims by Morocco and Mauritania over the territory.
  • The ICJ concluded that Western Sahara was not a terra nullius (land belonging to no one) at the time of Spanish colonization and emphasized the right to self-determination for its people.
  • Texaco Overseas Petroleum Co. v/s Govt. of the Libyan Arab Republic - 1977:
  • This arbitration case focused on the expropriation of Texaco's oil concessions in Libya by the Libyan government.
  • The arbitrator ruled in favor of Texaco, emphasizing the sanctity of contracts and international law principles regarding expropriation.

Additional Information

  • Explanation of Other Options:
  • Option 1 (A, C, D, B, E): This arrangement is incorrect as it places Advisory Opinion (A) before (E), which is chronologically incorrect.
  • Option 3 (D, B, C, A, E): This option incorrectly places the Western Sahara Case (D) before earlier cases like (E) and (A).
  • Option 4 (B, E, A, D, C): This option incorrectly places the Texaco arbitration (B) before earlier cases like (E) and (A).
  • Significance of Chronological Order:
  • Arranging these cases chronologically helps in understanding the evolution of international law and the progression of legal principles applied by the ICJ and arbitration tribunals.
  • It highlights how earlier cases influenced subsequent decisions and legal reasoning.

Question 10

Personality is derived from Greek word 'persona' which means :

  1. AOption (a)

    Human Beings

  2. BOption (b)

    Mask

  3. COption (c)

    Animals

  4. DOption (d)

    Slaves

View answer & explanation

Correct answer

Answer: (b)B.

Mask

Why this answer is correct

The correct answer is 'Mask'

Key Points

  • Origin of the word 'Personality':
  • The word 'personality' is derived from the Greek term 'persona,' which originally referred to the masks worn by actors in ancient Greek and Roman theater.
  • These masks symbolized the roles or characters that actors portrayed on stage, reflecting different identities or personas.
  • Over time, the concept of 'persona' evolved and began to refer to the external characteristics or traits that define an individual in society.
  • Modern interpretation of 'Personality':
  • In psychology and everyday use, personality now refers to the combination of emotional, attitudinal, and behavioral patterns that define an individual.
  • It encompasses both the outward expression (how one presents oneself) and the inner traits (thoughts, feelings, and motivations).

Additional Information

  • Explanation of other options:
  • Human Beings: While personality is a characteristic of human beings, the term 'persona' does not directly mean 'human beings.' Instead, it refers to the masks or roles that humans play.
  • Animals: Personality traits can be studied in animals in certain contexts, but the term 'persona' was never associated with animals. It is rooted in human social and theatrical contexts.
  • Slaves: There is no historical or linguistic connection between the term 'persona' and slaves. This option is incorrect and unrelated to the origin of the word.
  • Role of 'persona' in understanding human behavior:
  • The concept of 'persona' helps psychologists and sociologists understand how individuals adapt to societal expectations and roles.
  • It also emphasizes the difference between a person's public image and their private self, which is a significant topic in personality studies.

Question 11

Match List - I with List - II.

List - I (Titles of the Articles)List - II (Articles of Indian Constitution)
(A)National Judicial Appointment Commission(I)Article 126
(B)Appointment of Acting Chief Justice(II)Article 131
(C)Supreme Court to be a Court of Record(III)Article 124A
(D)Original Jurisdiction of the Supreme Court(IV)Article 129

 

 

 

 

 

 

 

<br>

 

 

 

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (b)B.

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

Why this answer is correct

The correct answer is 'National Judicial Appointment Commission - Article 124A, Appointment of Acting Chief Justice - Article 126, Supreme Court to be a Court of Record - Article 129, Original Jurisdiction of the Supreme Court - Article 131.'

Key Points

  • National Judicial Appointment Commission (NJAC) - Article 124A:
  • Article 124A was introduced to establish the NJAC, which was aimed at reforming the process of appointing judges to the higher judiciary.
  • The NJAC was to consist of representatives from the judiciary, executive, and civil society to ensure transparency and accountability.
  • However, the NJAC was declared unconstitutional by the Supreme Court in 2015, reaffirming the primacy of the Collegium system.
  • Appointment of Acting Chief Justice - Article 126:
  • Article 126 provides for the appointment of an Acting Chief Justice of India when the office of the Chief Justice is vacant or if the Chief Justice is unable to discharge their duties.
  • The President of India appoints the Acting Chief Justice until a new Chief Justice is appointed or the incumbent resumes their duties.
  • Supreme Court to be a Court of Record - Article 129:
  • Article 129 declares the Supreme Court as a "Court of Record."
  • A Court of Record has the authority to punish for its contempt and its decisions are considered as precedents, meaning they are binding on lower courts.
  • Original Jurisdiction of the Supreme Court - Article 131:
  • Article 131 provides the Supreme Court with original jurisdiction to resolve disputes between different entities, such as the Union and one or more states, or between states.
  • This jurisdiction allows the Supreme Court to act as the first and final arbiter in such cases, bypassing lower courts.

Additional Information

  • Explanation of Incorrect Options:
  • Option 1: This option mismatches the Articles with the titles. For example, it incorrectly matches National Judicial Appointment Commission with Article 126 instead of Article 124A.
  • Option 3: This option assigns incorrect Articles to the respective titles. For instance, it matches Appointment of Acting Chief Justice with Article 129 instead of Article 126.
  • Option 4: This option also provides incorrect pairings. For example, it associates Supreme Court to be a Court of Record with Article 131 instead of Article 129.
  • Significance of the Correct Match:
  • The correct match ensures a clear understanding of the constitutional provisions related to the judiciary in India.
  • Each Article serves a specific purpose in maintaining the independence, functionality, and authority of the Supreme Court and judiciary at large.

Question 12

Which of the following can be considered as the first case of its kind in India involving issues relating to environment and ecological balance which brought the issue of conflict between development and conservation into sharp focus with the Supreme Court emphasising the need for reconciling the two in the larger interest of the country?

(A) R. L. and E Kendra, Dehradun v/s State of UP

(B) Goa Foundation v/s Konkan Railway Corporation

(C) T. N. Godavarman Thirumulpad v/s Union of India

(D) Tarun Bharat Sangh V. Union of India

Choose the correct answer from the options given below :

  1. AOption (a)

    (A) Only

  2. BOption (b)

    (B) Only 

  3. COption (c)

    (C) Only

  4. DOption (d)

    (D) Only

View answer & explanation

Correct answer

Answer: (a)A.

(A) Only

Why this answer is correct

The correct answer is 'R. L. and E Kendra, Dehradun v/s State of UP'

Key Points

  • R. L. and E Kendra, Dehradun v/s State of UP:
  • This case, also known as the “Dehradun Quarrying Case,” is considered the first landmark case in India addressing issues of environmental protection and ecological balance.
  • The Supreme Court, in this case, highlighted the conflict between developmental activities, such as mining, and environmental conservation, emphasizing the necessity of reconciling these objectives for the larger national interest.
  • The court ordered the closure of mining activities in the Doon Valley, as they were causing significant ecological damage, including deforestation and soil erosion.
  • It marked the beginning of judicial intervention in environmental matters in India and laid the foundation for the principle of sustainable development.

Additional Information

  • Goa Foundation v/s Konkan Railway Corporation:
  • This case addressed environmental concerns related to the construction of the Konkan Railway, particularly its impact on the biodiversity of the Western Ghats.
  • While significant in environmental jurisprudence, it was not the first case to emphasize the conflict between development and conservation.
  • T. N. Godavarman Thirumulpad v/s Union of India:
  • Also known as the “Forest Case,” this case focused on forest conservation and led to several landmark rulings to protect forests in India.
  • Though monumental in its contributions to environmental law, it came much later and does not qualify as the first case addressing environmental issues.
  • Tarun Bharat Sangh v/s Union of India:
  • This case dealt with water conservation and the revival of traditional water harvesting structures in Rajasthan.
  • While an important case for environmental conservation, it was not the first to bring the conflict between development and environmental protection into focus.

Question 13

Which of the following are Consumer Protection Redressal Agencies under the Consumer Protection Act, 1986 ?

(A) Consumer Disputes Redressal Forum

(B) Consumer Disputes Redressal Commission

(C) Consumer Disputes Redressal Committee

(D) National Disputes Redressal Committee

(E) National Consumer Disputes Redressal Commission

Choose the correct answer from the options given below:

  1. AOption (a)

    (A), (B), (C) Only

  2. BOption (b)

    (D), (A), (C) Only

  3. COption (c)

    (A), (B), (D) Only

  4. DOption (d)

    (A), (B), (E) Only

View answer & explanation

Correct answer

Answer: (d)D.

(A), (B), (E) Only

Why this answer is correct

The correct answer is 'Consumer Disputes Redressal Forum, Consumer Disputes Redressal Commission, and National Consumer Disputes Redressal Commission.'

Key Points

  • Overview of Consumer Protection Act, 1986:
  • The Consumer Protection Act, 1986, was introduced to safeguard consumer interests and establish mechanisms for addressing consumer grievances effectively.
  • Under this Act, a three-tier quasi-judicial machinery was created to provide simple, speedy, and inexpensive redressal to consumer disputes.
  • Consumer Disputes Redressal Forum (District Forum):
  • It operates at the district level and addresses complaints where the value of goods/services and compensation claimed does not exceed ₹20 lakh (now revised under the Consumer Protection Act, 2019).
  • It is the first point of contact for consumer grievances.
  • Consumer Disputes Redressal Commission (State Commission):
  • It operates at the state level and handles cases where the value of goods/services and compensation claimed exceeds ₹20 lakh but does not exceed ₹1 crore (now revised under the 2019 Act).
  • It also hears appeals against the orders of the District Forum.
  • National Consumer Disputes Redressal Commission (NCDRC):
  • The NCDRC operates at the national level and deals with cases where the value of goods/services and compensation claimed exceeds ₹1 crore (now revised under the 2019 Act).
  • It also hears appeals against the orders of the State Commission.

Additional Information

  • Explanation of Incorrect Options:
  • Consumer Disputes Redressal Committee: No such entity exists under the Consumer Protection Act, 1986. The Act only mentions Forums and Commissions for redressal of consumer disputes.
  • National Disputes Redressal Committee: This is an incorrect name. The correct body is the National Consumer Disputes Redressal Commission (NCDRC).
  • Consumer Protection Act, 2019:
  • The Consumer Protection Act, 1986, was replaced by the Consumer Protection Act, 2019, which made several amendments, including new thresholds for financial jurisdictions and the introduction of additional mechanisms like the Central Consumer Protection Authority (CCPA).

Question 14

Match List - I with List - II.

List - I (Offence)List - II (Punishment)
(A)Gang rape(I)Any fine imposed shall be paid to the victim
(B)Dacoity(II)Punishable with death or imprisonment for life
(C)Kidnapping for Ransom(III)Not less than 7 years but may extend to imprisonment for life
(D)Dowry death(IV)Imprisonment for life

 

 

 

 

 

 

 

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Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (d)D.

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

Why this answer is correct

The correct answer is 'Option 4'

Key Points

  • Explanation of the correct matching:
  • (A) Gang rape - (I): Any fine imposed shall be paid to the victim. The punishment for gang rape includes imprisonment and provisions to ensure financial relief for the victim through fines.
  • (B) Dacoity - (IV): Imprisonment for life. Dacoity is a grave offense involving armed robbery or banditry, and the punishment reflects its severity.
  • (C) Kidnapping for Ransom - (II): Punishable with death or imprisonment for life. Kidnapping for ransom is considered heinous due to its direct threat to life and safety, warranting severe punishment.
  • (D) Dowry death - (III): Not less than 7 years but may extend to imprisonment for life. Dowry deaths, resulting from harassment or cruelty related to dowry demands, are treated as serious offenses under Indian law.

Additional Information

  • Brief Overview of Incorrect Options:
  • Option 1: Incorrect because it incorrectly matches (A) Gang rape with (II) and (D) Dowry death with (I), which do not align with the actual punishments prescribed under Indian law.
  • Option 2: Incorrect as it mismatches (A) Gang rape with (II) and (C) Kidnapping for Ransom with (IV). These associations do not reflect the severity or legal implications of the offenses.
  • Option 3: Incorrect as it matches (A) Gang rape with (I) correctly but mismatches (D) Dowry death with (II), which does not correspond to the prescribed punishment.
  • Legal Context:
  • The punishments for these offenses are derived from provisions in Indian Penal Code (IPC), which aim to address the severity and societal impact of such crimes.
  • Gang rape and dowry death are particularly sensitive issues that have led to amendments in laws to ensure justice for victims and deterrence for offenders.

Question 15

The fundamental rights under Indian Constitution are grouped under various heads. Mention which of the groups mentioned below is not adequately placed as per the articles.

(A) Right to Equality (Art 14-18)

(B) Right to Constitutional Remedies (Art 32-35A)

(C) Right to Freedom of Religion (Art 25-28)

(D) Right to Freedom (Art 19-21A)

(E) Right Against Exploitation (Art 23-24)

Choose the correct answer from the options given below:

  1. AOption (a)

    (A) and (B) Only

  2. BOption (b)

    (C) and (A) Only

  3. COption (c)

    (B) and (D) Only

  4. DOption (d)

    (E) Only

View answer & explanation

Correct answer

Answer: (c)C.

(B) and (D) Only

Why this answer is correct

The correct answer is '(B) and (D) Only'

Key Points

  • Fundamental Rights under the Indian Constitution:
  • Fundamental Rights are enshrined in Part III of the Indian Constitution and are guaranteed to all citizens. These rights are enforceable by the courts and are essential for the development of individuals and democracy.
  • They are categorized into distinct groups based on their nature and purpose, including Right to Equality, Right to Freedom, Right to Freedom of Religion, Right Against Exploitation, and Right to Constitutional Remedies.
  • Why (B) and (D) are Incorrectly Placed:
  • (B) Right to Constitutional Remedies is incorrectly grouped under Articles 32-35A. The correct grouping should be Article 32 exclusively, which is known as the "heart and soul of the Constitution" as it guarantees remedies for enforcement of Fundamental Rights. Articles 33-35A pertain to other provisions and not specifically to Constitutional Remedies.
  • (D) Right to Freedom is stated as Articles 19-21A. However, the grouping includes Article 21A, which deals specifically with the Right to Education. While it is closely linked, it is not traditionally grouped under the Right to Freedom, which primarily encompasses Articles 19-22.

Additional Information

  • Incorrect Options:
  • (A) Right to Equality (Articles 14-18): This grouping is correct and includes equality before law, prohibition of discrimination, and abolition of untouchability and titles.
  • (C) Right to Freedom of Religion (Articles 25-28): This grouping is accurate and covers religious freedom, including the freedom to profess, practice, and propagate religion, and protection of secularism.
  • (E) Right Against Exploitation (Articles 23-24): This grouping is correct and addresses the prohibition of human trafficking, forced labor, and child labor.
  • Significance of Fundamental Rights:
  • Fundamental Rights ensure the protection of individual freedoms and rights against the actions of the state or other entities.
  • They are a cornerstone of democracy and are enforceable through the judiciary, ensuring that citizens can seek remedies in case of violation.

Question 16

Arrange the following provisions of the Hague Convention, 1907 in the numerical order in which they appear:

(A) The Pacific Settlement of International Disputes

(B) The Limitation of Employment of Force for Recovery of Contract Debts

(C) The Opening of Hostilities

(D) The Laws and Customs of War on land

(E) The Rights and Duties of Neutral Power and Persons in case of War on Land

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (a)A.

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

Why this answer is correct

The correct answer is 'Option 1: (A), (B), (C), (D), (E)'

Key Points

  • Introduction to Hague Convention, 1907:
  • The Hague Convention of 1907 was a significant international treaty aimed at codifying the laws of war and laying down rules for peaceful settlement of disputes, conduct during hostilities, and the rights of neutral powers.
  • It consisted of several provisions, each addressing specific aspects of international law, warfare, and neutrality.
  • The numerical arrangement of provisions reflects their logical progression and thematic grouping within the Convention.
  • Correct numerical order based on the provisions:
  • (A) The Pacific Settlement of International Disputes: This provision appears first as it deals with the peaceful resolution of conflicts, establishing methods such as arbitration and mediation to prevent wars.
  • (B) The Limitation of Employment of Force for Recovery of Contract Debts: This comes next, focusing on restricting the use of military force for recovering contractual debts, emphasizing peaceful methods of dispute resolution.
  • (C) The Opening of Hostilities: This provision outlines the rules and procedures to be followed before commencing hostilities, ensuring transparency and accountability.
  • (D) The Laws and Customs of War on Land: This section codifies conduct during warfare, including treatment of prisoners, protection of civilians, and prohibition of unnecessary destruction.
  • (E) The Rights and Duties of Neutral Power and Persons in case of War on Land: This final provision addresses the responsibilities of neutral states and individuals during conflicts, ensuring their rights and duties are respected.

Additional Information

  • Option 2: (A), (E), (D), (C), (B):
  • This arrangement incorrectly places the provision about neutral powers (E) before the codification of war laws (D) and the opening of hostilities (C), disrupting the logical progression of topics.
  • The Pacific Settlement of International Disputes (A) is correctly placed first, but the rest of the order does not align with the numerical arrangement of the Hague Convention.
  • Option 3: (B), (D), (C), (E), (A):
  • This option starts with the Limitation of Employment of Force for Recovery of Contract Debts (B) instead of the Pacific Settlement of International Disputes (A), which is the first provision in the Convention.
  • The arrangement disrupts the logical flow, placing (A) last, even though it sets the foundation for peaceful dispute resolution.
  • Option 4: (B), (C), (A), (D), (E):
  • This option places (B) and (C) before (A), which is incorrect as (A) is the foundational provision for peaceful settlement in the Hague Convention.
  • The order does not adhere to the numerical arrangement of the provisions in the original treaty, creating inconsistencies in thematic progression.

Question 17

Match List - I with List - II.

List - I (Conference/Treaty/Convention/Protocol)List - II (Year)
(A)UN Conference on Environment and Development(I)1987
(B)Kyoto Conference on Global Warming(II)1992
(C)Paris Agreement(III)1997
(D)Montreal Protocol(IV)2015

 

 

 

 

 

 

 

 

Choose the correct answer from the options given below:

  1. AOption (a)

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

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

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 'Option 1: (A)-(II), (B)-(III), (C)-(IV), (D)-(I)'

Key Points

  • UN Conference on Environment and Development (1992):
  • Also known as the Earth Summit, this conference took place in Rio de Janeiro, Brazil, in 1992.
  • It aimed to address urgent environmental and developmental challenges globally and resulted in significant agreements like Agenda 21, the Rio Declaration, and conventions on biodiversity and climate change.
  • This is correctly matched with the year 1992 in the answer.
  • Kyoto Conference on Global Warming (1997):
  • The Kyoto Protocol was adopted at this conference in Kyoto, Japan, in 1997.
  • It set legally binding obligations for developed countries to reduce greenhouse gas emissions.
  • This is correctly matched with the year 1997 in the answer.
  • Paris Agreement (2015):
  • The Paris Agreement was adopted at the COP21 in Paris in 2015 and is a landmark global accord to combat climate change.
  • It aims to limit global warming to well below 2 degrees Celsius, ideally to 1.5 degrees Celsius, above pre-industrial levels.
  • This is correctly matched with the year 2015 in the answer.
  • Montreal Protocol (1987):
  • The Montreal Protocol was agreed upon in 1987 to protect the ozone layer by phasing out the production of substances responsible for ozone depletion.
  • It is considered one of the most successful international environmental agreements.
  • This is correctly matched with the year 1987 in the answer.

Additional Information

  • Other Options:
  • Option 2 incorrectly matches the Kyoto Conference (1997) with the year 2015 and the Paris Agreement (2015) with 1997.
  • Option 3 incorrectly matches the Montreal Protocol (1987) with 1997 and swaps the years for the Kyoto Conference and Paris Agreement.
  • Option 4 incorrectly matches the UN Conference on Environment and Development (1992) with 1987 and swaps other years incorrectly.
  • These mismatches highlight that only Option 1 provides the correct chronological pairing of events with their respective years.
  • Importance of these agreements:
  • Each of these conferences and protocols has played a pivotal role in shaping global environmental policies.
  • They address issues ranging from ozone layer protection to climate change mitigation and sustainable development.
  • Understanding their chronology helps in comprehending the evolution of international environmental efforts.

Question 18

Which of the following is true with WTO ?

(A) WTO is headquartered in Hague

(B) There has been 9 rounds of trade negotiation since the second world war

(C) Doha round is the latest round of negotiation for trade for WTO members

(D) WTO has 154 members

Choose the correct answer from the options given below:

  1. AOption (a)

    (B) and (C) Only

  2. BOption (b)

    (A) and (D) Only

  3. COption (c)

    (C) and (D) Only

  4. DOption (d)

    (A) and (C) Only

View answer & explanation

Correct answer

Answer: (a)A.

(B) and (C) Only

Why this answer is correct

The correct answer is 'WTO has conducted 9 rounds of trade negotiations since World War II, and the Doha Round is the latest round of negotiation for WTO members.'

Key Points

  • World Trade Organization (WTO):
  • The WTO is an international organization that deals with the global rules of trade between nations. Its goal is to ensure trade flows as smoothly, predictably, and freely as possible.
  • Established in 1995, the WTO replaced the General Agreement on Tariffs and Trade (GATT), which was in place since 1948.
  • Trade Negotiation Rounds:
  • Since the Second World War, there have been nine rounds of trade negotiations under the GATT and WTO framework.
  • These rounds focused on reducing trade barriers and negotiating global trade rules among member countries.
  • The most notable rounds include the Uruguay Round, which led to the establishment of the WTO, and the Doha Round, which is the latest round initiated in 2001.
  • Doha Round:
  • The Doha Round, also known as the Doha Development Agenda, aims to address the needs of developing countries and improve global trade for mutual benefit.
  • It covers topics such as agricultural subsidies, market access, industrial tariffs, and special treatment for developing nations.
  • However, the Doha Round has faced challenges and delays due to disagreements among member nations over various issues, particularly agricultural subsidies and trade liberalization.

Additional Information

  • Incorrect Options:
  • (A) WTO is headquartered in Hague: This is incorrect. The WTO is headquartered in Geneva, Switzerland, not in Hague.
  • (D) WTO has 154 members: This was outdated information. As of recent data, WTO has 164 members, not 154.
  • Historical Context:
  • The WTO builds upon the legacy of GATT, which successfully facilitated global trade negotiations and reduced trade barriers post-World War II.
  • The organization's role has expanded over time to include dispute resolution, monitoring trade policies, and fostering cooperation among member nations.

Question 19

Which one of the following is not a ground of Fasid Marriages under Sunni Law? 

  1. AOption (a)

    Marriage with fifth women

  2. BOption (b)

    Unlawful conjugation

  3. COption (c)

    Marriage with women undergoing iddat

  4. DOption (d)

    Marriage in violation of Conditions of Fosterage

View answer & explanation

Correct answer

Answer: (d)D.

Marriage in violation of Conditions of Fosterage

Why this answer is correct

The correct answer is 'Marriage in violation of Conditions of Fosterage.'

Key Points

  • Marriage in violation of Conditions of Fosterage:
  • Under Sunni Law, fosterage (milk kinship) creates a prohibited degree of relationship for marriage. If two individuals are related through fosterage (e.g., breastfed by the same woman), their marriage would be considered void, not fasid (irregular).
  • A fasid marriage is one that is irregular due to certain defects that can potentially be rectified, whereas a marriage violating fosterage conditions is strictly prohibited and void ab initio.
  • This distinction is why "Marriage in violation of Conditions of Fosterage" is not considered a ground for fasid marriages under Sunni Law.

Additional Information

  • Marriage with fifth woman:
  • Sunni Law allows a man to marry up to four women at a time. A marriage with a fifth woman while already married to four is considered fasid (irregular) because it exceeds the permissible limit. Such marriages can be regularized if the man divorces one of the existing wives.
  • Unlawful conjugation:
  • Unlawful conjugation refers to marrying two women simultaneously who are so closely related to each other (e.g., sisters) that their marriage violates the principle of prohibited degrees of relationship. This constitutes a fasid marriage under Sunni Law.
  • Marriage with a woman undergoing iddat:
  • Iddat is a waiting period that a woman must observe after the dissolution of her marriage or the death of her husband. Marrying a woman during her iddat period is considered fasid (irregular) under Sunni Law because it contravenes the prescribed legal requirements.

Question 20

Which of the following declaration of the Hague Convention Concerning Expanding Bullets of 1899 prohibits the use of dum-dum bullets?

  1. AOption (a)

    Declaration I

  2. BOption (b)

    Declaration II

  3. COption (c)

    Declaration III

  4. DOption (d)

    Declaration IV

View answer & explanation

Correct answer

Answer: (c)C.

Declaration III

Why this answer is correct

The correct answer is 'Declaration III of the Hague Convention of 1899'

Key Points

  • Declaration III of the Hague Convention of 1899:
  • Declaration III explicitly prohibits the use of bullets that expand or flatten easily in the human body, commonly referred to as dum-dum bullets.
  • Dum-dum bullets were designed to cause greater damage by expanding upon impact, resulting in severe injuries and suffering.
  • The prohibition reflects the principles of international humanitarian law aimed at reducing unnecessary suffering during armed conflicts.
  • Such bullets were deemed contrary to the laws of war and the spirit of humanity, leading to their formal ban in Declaration III.

Additional Information

  • Declaration I:
  • Declaration I of the Hague Convention of 1899 pertains to the prohibition of launching projectiles and explosives from balloons or other similar methods.
  • It does not address the use of expanding bullets and is unrelated to the issue of dum-dum bullets.
  • Declaration II:
  • Declaration II deals with the prohibition of the use of projectiles containing poison gases.
  • While it addresses another aspect of limiting suffering in warfare, it is not relevant to the prohibition of expanding bullets.
  • Declaration IV:
  • Declaration IV is not part of the Hague Convention of 1899 but rather pertains to later conventions or unrelated provisions.
  • This option does not address the issue of dum-dum bullets and is incorrect in this context.

Question 21

For what purpose wednesbury test is applied?

  1. AOption (a)

    To determine irrationality of administrative action

  2. BOption (b)

    To determine proportionality of administrative action

  3. COption (c)

    To determine procedural impropriety of administrative action 

  4. DOption (d)

    To determine abuse of jurisdiction of administrative action

View answer & explanation

Correct answer

Answer: (a)A.

To determine irrationality of administrative action

Why this answer is correct

The correct answer is ‘To determine irrationality of administrative action’

Key Points

  • Wednesbury Test:
  • The Wednesbury test originates from the landmark English case Associated Provincial Picture Houses Ltd v Wednesbury Corporation (1948).
  • It is applied to determine whether an administrative action or decision is so unreasonable that no reasonable authority could have ever made it.
  • This test is primarily concerned with "irrationality" or "unreasonableness" in administrative decision-making.
  • An action is deemed irrational if it is so outrageous in its defiance of logic or accepted moral standards that no sensible person who had applied their mind to the issue could have arrived at such a decision.
  • The test is a cornerstone principle in administrative law, ensuring that public authorities exercise their powers within reasonable bounds.

Additional Information

  • Proportionality of administrative action:
  • The proportionality test evaluates whether the administrative action taken is appropriate, necessary, and balanced in relation to the aim it seeks to achieve.
  • This test is more commonly applied in cases involving fundamental rights, where the impact of the decision needs to be weighed against its intended purpose.
  • It differs from the Wednesbury test as it involves a deeper, more structured analysis of the decision's fairness and necessity.
  • Procedural impropriety of administrative action:
  • Procedural impropriety refers to instances where the administrative authority fails to follow proper procedures, such as violating principles of natural justice or statutory procedural requirements.
  • While procedural impropriety is a valid ground for judicial review, it does not deal with irrationality as the Wednesbury test does.
  • Abuse of jurisdiction of administrative action:
  • This ground of review examines whether an administrative authority acted outside its legal powers or jurisdiction.
  • It focuses on whether the authority exceeded its mandate or misused its powers, rather than on the reasonableness of the decision itself.

Question 22

Who amongst the below mentioned, has the power to make provisions of preparation of electoral rolls, delimitation of constituencies, with respect to elections to State Legislatures?

  1. AOption (a)

    Election Commission of India

  2. BOption (b)

    President of India

  3. COption (c)

    Parliament by Law

  4. DOption (d)

    Governor, in consultation with the Chief Minister of respective State

View answer & explanation

Correct answer

Answer: (c)C.

Parliament by Law

Why this answer is correct

The correct answer is 'Parliament by Law.'

Key Points

  • Role of Parliament in Electoral Provisions:
  • The Constitution of India empowers the Parliament to make provisions by law regarding the preparation of electoral rolls and delimitation of constituencies for elections to State Legislatures.
  • This authority stems from Article 327 of the Constitution, which specifically allows Parliament to legislate on the subject.
  • Parliament can pass laws to regulate electoral processes and ensure uniformity across states, ensuring the democratic process is conducted effectively and fairly.
  • Delimitation refers to the act of redrawing the boundaries of electoral constituencies, which is crucial for maintaining equitable representation based on population changes.

Additional Information

  • Election Commission of India:
  • The Election Commission of India is responsible for conducting free and fair elections but does not have legislative powers to make provisions for electoral rolls or delimitation of constituencies.
  • Its role is confined to implementing laws and ensuring compliance with electoral regulations passed by Parliament.
  • President of India:
  • The President acts as the constitutional head of state and does not have the power to legislate electoral provisions or delimitation of constituencies.
  • While the President may issue ordinances under certain circumstances, this authority is not applicable to the preparation of electoral rolls or delimitation, which are legislative functions.
  • Governor in consultation with the Chief Minister:
  • Governors function as representatives of the central government in states, but they lack the authority to make provisions for electoral rolls or delimitation of constituencies.
  • The Governor's role in elections is limited to granting assent to state legislation and performing constitutional duties, not creating electoral laws.
  • Election Commission's Operational Role:
  • While the Election Commission ensures the implementation of electoral laws, the legislative framework for these provisions is established by Parliament.
  • It works within the boundaries of the Constitution and the laws enacted by Parliament.

Question 23

Which of the following statements are true in the context of form of government in USA and India?

(A) USA Constitution Sec. 7 gives President veto power over the bills passed by the Congress which can be further countered by 2/3 majority in both Houses

(B) U.S. and India strictly follow the doctrine of separation of powers

(C) The U.S. President is more powerful as compared to the Indian Prime Minister

(D) Removal method of USA President and Indian Prime Minister is technical and difficult

(E) U.S. President is not the member of legislature.

Choose the correct answer from the options given below:

  1. AOption (a)

    (A), (C) Only

  2. BOption (b)

    (A), (C), (E) Only

  3. COption (c)

    (B), (E), (D) Only

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (b)B.

(A), (C), (E) Only

Why this answer is correct

The correct answer is '(A), (C), (E) Only'

Key Points

  • Statement (A): USA Constitution Sec. 7 gives President veto power over the bills passed by the Congress which can be further countered by 2/3 majority in both Houses:
  • This statement is correct. Section 7 of the U.S. Constitution empowers the President with veto power over bills passed by Congress. However, Congress can override this veto with a two-thirds majority vote in both the House of Representatives and the Senate.
  • This mechanism reflects the system of checks and balances in the U.S. government, ensuring that no single branch becomes too powerful.
  • Statement (C): The U.S. President is more powerful as compared to the Indian Prime Minister:
  • This is true.
  • The U.S. President has extensive powers as the head of state and government, combining executive authority and significant legislative influence, such as veto powers and the ability to issue executive orders.
  • In contrast, the Indian Prime Minister operates within a parliamentary system where the President acts as the constitutional head, and the Prime Minister's powers are subject to legislative approval and party dynamics.
  • Statement (E): U.S. President is not the member of legislature:
  • This is correct. The U.S. President is a part of the executive branch and is not a member of the legislature. The President’s role is separate from the legislative branch, emphasizing the doctrine of separation of powers.
  • In contrast, the Indian Prime Minister is a member of the legislature (Lok Sabha or Rajya Sabha) and is directly accountable to it, reflecting the parliamentary system of governance.

Additional Information

  • Statement (B): U.S. and India strictly follow the doctrine of separation of powers:
  • This statement is incorrect. While the U.S. system strictly follows the separation of powers, India adopts a mixed system where the legislature and executive are intertwined, as the Prime Minister and Council of Ministers are part of the legislature.
  • India's governance model allows for checks and balances but does not strictly separate powers as in the U.S.
  • Statement (D): Removal method of USA President and Indian Prime Minister is technical and difficult:
  • This statement is partially incorrect. While the removal of the U.S. President involves impeachment—a highly technical and lengthy process—the Indian Prime Minister can be removed relatively easily if they lose the confidence of the majority in the Lok Sabha.
  • Thus, the removal mechanism in India is straightforward compared to the impeachment process in the U.S.

Question 24

Match List - I with List - II.

List - I (Concepts/Doctrines)List - II (Cases)
(A)Lifting the corporate veil(I)Nash v/s Lynde
(B)Invitation to public in the context of prospectus(II)Ashbury Rly Carriage and Iron Co. Ltd. v/s Riche
(C)Doctrine of ultra vires(III)Royal British Bank v/s Turquand
(D)Doctrine of indoor management(IV)Salomon v/s Salomon

 

 

 

 

 

 

 

 

 

 

Choose the correct answer from the options given below:

  1. AOption (a)

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

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 'Option 1: (A)-(IV), (B)-(I), (C)-(II), (D)-(III)'

Key Points

  • Lifting the Corporate Veil:
  • The principle of lifting the corporate veil is established in the case of Salomon v. Salomon.
  • It refers to disregarding the separate legal personality of the company to hold shareholders or directors accountable for the company’s actions.
  • This case laid the foundation for recognizing the company as a separate legal entity distinct from its owners, but also acknowledged instances where this distinction could be ignored to prevent fraud or injustice.
  • Invitation to the Public in the Context of Prospectus:
  • In the case Nash v. Lynde, the concept of an invitation to the public is explained concerning the issuance of a prospectus.
  • A prospectus is a formal legal document issued to the public to invite investments in shares or debentures of a company.
  • This case highlights the legal implications of issuing a prospectus and the liabilities associated with misleading or incomplete information.
  • Doctrine of Ultra Vires:
  • The doctrine of ultra vires is established in the case of Ashbury Railway Carriage and Iron Co. Ltd. v. Riche.
  • Ultra vires refers to acts performed by a company that go beyond the powers conferred by its Memorandum of Association.
  • This doctrine protects shareholders and creditors by ensuring that the company operates within its defined objectives.
  • Doctrine of Indoor Management:
  • The doctrine of indoor management is derived from the case Royal British Bank v. Turquand.
  • This doctrine protects outsiders dealing with a company by presuming that internal company procedures are properly followed.
  • It prevents outsiders from being affected by irregularities in the internal management of the company, provided they acted in good faith.

Additional Information

  • Incorrect Options:
  • Option 2: This option mismatches the cases with the concepts. For example, lifting the corporate veil is incorrectly matched with Nash v. Lynde, which deals with prospectus-related matters.
  • Option 3: This option incorrectly associates lifting the corporate veil with Royal British Bank v. Turquand, which pertains to the doctrine of indoor management.
  • Option 4: This option mismatches all cases with their respective concepts, leading to an inaccurate answer.
  • Significance of Matching Cases with Concepts:
  • Understanding the correct association between legal concepts and landmark cases is crucial for interpreting and applying corporate law principles effectively.
  • It ensures that legal doctrines are applied correctly to resolve disputes and guide corporate practices.

Question 25

Match List - I with List - II.

List - I (statute)List - II (Year)
(A)Statute of the International Criminal Tribunal for the former Yugoslavia(I)1998
(B)Statute of the International Criminal Tribunal for Rwanda(II)2002
(C)Statute of the International Criminal Court(III)1994
(D)Statute of the Special Court for Sierra Leone(IV)1993

 

 

 

 

 

 

 

 

 

 

 

 

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (b)B.

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

Why this answer is correct

The correct answer is 'Option 2: (A)-(IV), (B)-(III), (C)-(I), (D)-(II)'

Key Points

  • Statute of the International Criminal Tribunal for the former Yugoslavia (A) - 1993:
  • Established in 1993 by the United Nations Security Council, it was the first international tribunal for war crimes since the Nuremberg and Tokyo trials after World War II.
  • The tribunal was created to prosecute serious violations of international humanitarian law during the conflicts in the Balkans.
  • Its primary purpose was to ensure accountability for genocide, war crimes, and crimes against humanity.
  • Statute of the International Criminal Tribunal for Rwanda (B) - 1994:
  • Formed in 1994 by the United Nations Security Council in response to the Rwandan Genocide.
  • The tribunal was tasked with prosecuting individuals responsible for genocide and other violations of international law in Rwanda.
  • It contributed significantly to the development of international criminal law, particularly in defining genocide and sexual violence as war crimes.
  • Statute of the International Criminal Court (C) - 1998:
  • The Rome Statute, adopted in 1998, established the International Criminal Court (ICC) as a permanent judicial body.
  • The ICC is tasked with prosecuting individuals for genocide, war crimes, crimes against humanity, and the crime of aggression.
  • This was a landmark development in international law, marking the creation of the first permanent international court for criminal justice.
  • Statute of the Special Court for Sierra Leone (D) - 2002:
  • Established in 2002 through an agreement between the United Nations and the Government of Sierra Leone.
  • The Special Court was created to prosecute those most responsible for serious violations of international humanitarian law during the Sierra Leone Civil War.
  • It was notable for its hybrid model, combining international and local law and personnel.

Additional Information

  • Option 1: (A)-(III), (B)-(II), (C)-(IV), (D)-(I):
  • This option incorrectly matches the years with the statutes. For instance, it incorrectly assigns 1994 to the former Yugoslavia tribunal instead of Rwanda.
  • It also mismatches 1998 with Sierra Leone, which was actually established in 2002.
  • Option 3: (A)-(I), (B)-(II), (C)-(IV), (D)-(III):
  • This option erroneously assigns 1998 to the former Yugoslavia tribunal instead of ICC.
  • It also mismatches the years for Rwanda and Sierra Leone tribunals.
  • Option 4: (A)-(II), (B)-(IV), (C)-(I), (D)-(III):
  • This option incorrectly associates 2002 with the former Yugoslavia tribunal instead of Sierra Leone.
  • It also mismatches the years for Rwanda and ICC statutes.

Question 26

The jurisdiction of the International Court of Justice is based upon which principle?

  1. AOption (a)

    The principle of deferential treatment

  2. BOption (b)

    The principle of functionalism

  3. COption (c)

    The principle of compulsory participation

  4. DOption (d)

    The principle of consensual basis

View answer & explanation

Correct answer

Answer: (d)D.

The principle of consensual basis

Why this answer is correct

The correct answer is 'The principle of consensual basis'

Key Points

  • Jurisdiction of the International Court of Justice (ICJ):
  • The ICJ is the principal judicial organ of the United Nations and settles disputes between states and provides advisory opinions on international legal questions.
  • The jurisdiction of the ICJ is based on the principle of consensual basis, meaning states must consent to the ICJ's jurisdiction for it to adjudicate cases involving them.
  • This consent can be expressed in various ways, including through treaties, special agreements, or optional declarations under Article 36(2) of the ICJ Statute, where states agree in advance to accept the jurisdiction of the ICJ.
  • The consensual basis ensures that the ICJ respects state sovereignty by requiring explicit agreement from states to participate in legal proceedings.

Additional Information

  • Incorrect Options:
  • The principle of deferential treatment:
  • This principle refers to showing deference or respect to the views or decisions of a particular authority, typically in domestic legal systems. It is not applicable to the ICJ, as its jurisdiction does not rely on deference but on consent from states.
  • The principle of functionalism:
  • Functionalism relates to the idea that institutions serve specific purposes or functions within a framework. While the ICJ serves the function of resolving disputes and providing legal opinions, this principle does not define its jurisdiction.
  • The principle of compulsory participation:
  • This principle suggests mandatory involvement, which does not apply to the ICJ. States are not compelled to accept its jurisdiction unless they consent to it.
  • Additional Understanding of ICJ Jurisdiction:
  • In contentious cases, the ICJ's jurisdiction is limited to states that have agreed to submit disputes for adjudication.
  • For advisory opinions, the ICJ provides legal advice on matters referred to it by United Nations organs and specialized agencies, but these opinions are non-binding.
  • The consensual basis principle highlights the importance of international cooperation and respect for state sovereignty in global legal proceedings.

Question 27

What is the effect of acceptance of offer in the context of formation of contract?

  1. AOption (a)

    A contract is created only after an offer is accepted

  2. BOption (b)

    A contract is created only after an offer is rejected

  3. COption (c)

    A contract is not created after an offer is accepted

  4. DOption (d)

    A contract is created only after an offer is revoked

View answer & explanation

Correct answer

Answer: (a)A.

A contract is created only after an offer is accepted

Why this answer is correct

The correct answer is 'A contract is created only after an offer is accepted'

Key Points

  • Formation of a contract:
  • A contract is a legally binding agreement between two or more parties. The fundamental elements of a valid contract include an offer, acceptance, consideration, mutual intention, and legal capacity.
  • The acceptance of an offer is a crucial step in the formation of a contract. Without acceptance, there is no agreement, and hence no contract.
  • Effect of acceptance of an offer:
  • When an offer is accepted, it signifies the agreement of the offeree to the terms proposed by the offeror. This mutual consent creates a binding contract.
  • The acceptance must be communicated to the offeror for it to be valid unless the offer specifies that acceptance can be implied through conduct.
  • The acceptance must also be unconditional and correspond exactly to the terms of the offer (the "mirror image rule"). If the acceptance modifies the offer, it is treated as a counter-offer rather than acceptance.

Additional Information

  • Option 2: A contract is created only after an offer is rejected:
  • This is incorrect. Rejection of an offer terminates the offer and does not lead to the formation of a contract. After rejection, the offeror is free to make a new offer or withdraw entirely.
  • Option 3: A contract is not created after an offer is accepted:
  • This is incorrect as acceptance is a key element of contract formation. Without acceptance, the parties remain in negotiation and no binding agreement exists.
  • Option 4: A contract is created only after an offer is revoked:
  • This is incorrect. Revocation of an offer cancels the offer before it is accepted. Once revoked, the offer cannot be accepted, and no contract can be formed.

Question 28

The functions of the National Commission for minorities is provided for under which section of the relevant statute ?

(A) Section 3

(B) Section 5

(C) Section 7

(D) Section 9

Choose the correct answer from the options given below:

  1. AOption (a)

    (A) Only

  2. BOption (b)

    (B) Only

  3. COption (c)

    (C) 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 'Section 9 of the relevant statute'

Key Points

  • Functions of the National Commission for Minorities:
  • Section 9 of the National Commission for Minorities Act, 1992 specifies the functions of the Commission.
  • The primary functions include evaluating the progress of development of minorities, monitoring the safeguards provided under the Constitution and laws, and making recommendations for their effective implementation.
  • The Commission also looks into specific complaints regarding deprivation of rights and safeguards of minorities.
  • It conducts studies, research, and analysis to address issues faced by minority communities and advises on policies aimed at their welfare.

Additional Information

  • Overview of Incorrect Options:
  • Section 3: This section typically deals with the establishment of the National Commission for Minorities and its composition, rather than its functions.
  • Section 5: This section often includes provisions regarding the tenure and terms of office of the members, not their functions.
  • Section 7: This section may cover procedures or powers of the Commission but does not define its functions.
  • Importance of Section 9:
  • Section 9 is critical as it lays the foundation for the role and responsibilities of the Commission, ensuring that the rights and interests of minority communities are protected and promoted.
  • It serves as the operational guideline for the Commission's activities, aligning its work with the goals of social justice and equality.

Question 29

Match List - I with List - II.

List - I (Relief under IPR suits)List - II (Concept)
(A)Anton Piller Order(I)Legal action against unknown parties
(B)Mareva Injunction(II)Right to search premises and seize evidence without prior
warning
(C)John Doe Order(III)Injunction order against all mirror websites
(D)Dynamic Injunction(IV)Freezing of defendant's assets

 

 

 

 

 

 

 

 

 

 

 

 

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (c)C.

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

Why this answer is correct

The correct answer is 'Match List - I with List - II: (A)-(II), (B)-(IV), (C)-(I), (D)-(III)'

Key Points

  • Anton Piller Order:
  • It refers to the right to search premises and seize evidence without prior warning.
  • This order is granted by courts in intellectual property rights (IPR) cases to prevent destruction or concealment of evidence by the defendant.
  • The plaintiff can enter the defendant's premises and seize important evidence, ensuring that it is preserved for litigation.
  • Mareva Injunction:
  • This relief allows for the freezing of a defendant's assets to prevent them from being moved or hidden before the court reaches a decision.
  • It is particularly useful in cases where there is a risk that the defendant might dissipate assets, making recovery difficult for the plaintiff.
  • John Doe Order:
  • John Doe Orders are injunctions issued against unknown parties, often used in intellectual property cases involving piracy or copyright infringement.
  • They enable action against individuals whose identities are not yet known but are involved in unlawful activities.
  • Dynamic Injunction:
  • Dynamic injunctions are issued against all mirror websites that replicate content violating copyright or intellectual property laws.
  • This ensures continuous protection against evolving and dynamic threats, especially in the digital space where infringing content can quickly reappear on different platforms.

Additional Information

  • Incorrect Option Analysis:
  • Option 1: This incorrectly matches Anton Piller Order with legal action against unknown parties, which is actually the concept behind John Doe Orders.
  • Option 2: This mismatches Mareva Injunction with the right to search premises, whereas it actually deals with freezing of assets.
  • Option 4: This associates Anton Piller Order with asset freezing, which is the concept of Mareva Injunction.
  • Significance of IPR Reliefs:
  • These legal remedies are vital for protecting intellectual property rights, ensuring evidence preservation, preventing financial harm, and addressing digital piracy effectively.
  • They demonstrate how courts adapt to modern challenges, particularly in cases involving technology and global commerce.

Question 30

Arrange the following rules in chronological order made under the Environment Protection Act, 1986.

(A) The Construction and Demolition Waste Management Rules

(B) The Wetland (Conservation and Management) Rules

(C) The Chemical Accidents Rules

(D) The Batteries (Management and Handling) Rules

(E) The Manufacture, Storage and Impacts of Hazardous Chemical Rules

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (a)A.

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

Why this answer is correct

The correct answer is 'Option 1: (E), (C), (D), (A), (B)'

Key Points

  • Chronological order of rules under the Environment Protection Act, 1986:
  • (E) The Manufacture, Storage and Import of Hazardous Chemical Rules, 1989: These rules were one of the first regulations under the Environment Protection Act, focusing on the safe management and handling of hazardous chemicals.
  • (C) The Chemical Accidents (Emergency Planning, Preparedness, and Response) Rules, 1996: Introduced later, these rules aimed at addressing chemical accidents through emergency planning and preparedness mechanisms.
  • (D) The Batteries (Management and Handling) Rules, 2001: These rules were established to manage and regulate the safe disposal and recycling of batteries to prevent environmental harm.
  • (A) The Construction and Demolition Waste Management Rules, 2016: These rules were formulated to address the growing concerns of construction and demolition waste and its impact on the environment.
  • (B) The Wetland (Conservation and Management) Rules, 2017: These are the latest among the listed rules, focusing on the conservation and sustainable management of wetlands.

Additional Information

  • Other options explained:
  • Option 2 ((E), (D), (C), (A), (B)): This sequence incorrectly places the Batteries Rules (2001) before the Chemical Accidents Rules (1996), disrupting the correct chronological order.
  • Option 3 ((E), (D), (B), (A), (C)): This sequence incorrectly places Wetland Rules (2017) before Construction and Demolition Waste Rules (2016) and Chemical Accidents Rules (1996), which is historically inaccurate.
  • Option 4 ((D), (E), (C), (A), (B)): This sequence incorrectly places the Batteries Rules (2001) before the Manufacture, Storage, and Import of Hazardous Chemical Rules (1989), which were introduced earlier.
  • Overview of Environment Protection Act, 1986:
  • The Act was enacted to provide a framework for environmental protection and conservation in India.
  • It empowers the central government to create rules for managing various aspects of environmental protection, including handling hazardous substances, waste management, and conservation of natural resources.

Question 31

The word 'Secular' was added by which of the following amendments in the Preamble of the Indian Constitution?

  1. AOption (a)

    42nd Amendment Act, 1976

  2. BOption (b)

    44th Amendment Act, 1978

  3. COption (c)

    24th Amendment Act, 1971

  4. DOption (d)

    72nd Amendment Act, 1992

View answer & explanation

Correct answer

Answer: (a)A.

42nd Amendment Act, 1976

Why this answer is correct

The correct answer is '42nd Amendment Act, 1976'

Key Points

  • Secularism in the Indian Constitution:
  • The term 'Secular' was added to the Preamble of the Indian Constitution by the 42nd Amendment Act, 1976.
  • This amendment was introduced during the Emergency period under the Prime Ministership of Indira Gandhi.
  • The addition of 'Secular' emphasized that India would remain neutral in matters of religion and uphold the principle of equal treatment for all religions.
  • Secularism in India means that the state does not favor or discriminate against any religion and ensures the freedom of religion to all citizens.
  • Along with 'Secular', the terms 'Socialist' and 'Integrity' were also added to the Preamble by the same amendment.

Additional Information

  • 44th Amendment Act, 1978:
  • The 44th Amendment Act was passed after the Emergency period and aimed to restore democratic values that were diluted during the Emergency.
  • This amendment did not add the word 'Secular' but dealt with provisions related to fundamental rights, including safeguarding against misuse of Emergency powers.
  • 24th Amendment Act, 1971:
  • The 24th Amendment Act dealt with the powers of Parliament to amend the Constitution and reaffirmed the Parliament's authority to amend fundamental rights.
  • This amendment was not related to the Preamble and did not introduce the word 'Secular'.
  • 72nd Amendment Act, 1992:
  • The 72nd Amendment Act was related to the reservation of seats for Scheduled Tribes in Tripura's legislative assembly.
  • This amendment has no connection to the Preamble or the inclusion of the word 'Secular'.

Question 32

In which case, did the Supreme Court hold that Passive Euthanasia can be allowed under exceptional circumstances under strict monitoring of the Court?

  1. AOption (a)

    Aruna Ramchandra Shanbaug v/s Union of India

  2. BOption (b)

    Gian Kaur v/s State of Punjab

  3. COption (c)

    P. Rathinam v/s Union of India

  4. DOption (d)

    Arayakkamdy v/s State

View answer & explanation

Correct answer

Answer: (a)A.

Aruna Ramchandra Shanbaug v/s Union of India

Why this answer is correct

The correct answer is 'Aruna Ramchandra Shanbaug v/s Union of India'

Key Points

  • Aruna Ramchandra Shanbaug v/s Union of India (2011):
  • This landmark case addressed the legality of passive euthanasia in India and whether it could be permitted under exceptional circumstances.
  • The Supreme Court held that passive euthanasia (allowing a patient to die by withdrawing life support) can be allowed under strict guidelines and monitoring by the Court.
  • The case was brought forward on behalf of Aruna Shanbaug, a nurse who had been in a vegetative state for 37 years following a brutal assault. The petition sought permission to withdraw life support.
  • The Court emphasized that passive euthanasia could only be permitted after thorough scrutiny by medical experts and judicial oversight to avoid misuse.
  • The judgment laid the foundation for establishing safeguards and guidelines for euthanasia in India, marking a significant step in medical ethics and legal policy.

Additional Information

  • Gian Kaur v/s State of Punjab (1996):
  • This case dealt with the constitutionality of Section 306 of the Indian Penal Code, which criminalized abetment of suicide.
  • The Supreme Court ruled that the right to life under Article 21 does not include the right to die, rejecting arguments in favor of euthanasia.
  • While important in shaping discussions around euthanasia, this case did not permit passive euthanasia.
  • P. Rathinam v/s Union of India (1994):
  • This case challenged the criminalization of attempted suicide under Section 309 of the Indian Penal Code.
  • The Court initially held that the right to life under Article 21 includes the right to die, thereby invalidating Section 309.
  • However, this judgment was later overruled in Gian Kaur v/s State of Punjab, making it irrelevant to the issue of euthanasia.
  • Arayakkamdy v/s State:
  • This case does not pertain to euthanasia or the right to die.
  • It is unrelated to the topic and included as a distractor in the options.

Question 33

Which theory in IPR is based on the value that the law should not reward creators whose intellectual works harm life, health, liberty or society generally?

  1. AOption (a)

    Moral Right Theory

  2. BOption (b)

    Human Right Theory

  3. COption (c)

    Creative Destruction Theory

  4. DOption (d)

    Moral Desert Theory

View answer & explanation

Correct answer

Answer: (d)D.

Moral Desert Theory

Why this answer is correct

The correct answer is 'Moral Desert Theory'

Key Points

  • Moral Desert Theory:
  • Moral Desert Theory in intellectual property rights (IPR) revolves around the principle that creators deserve recognition or reward for their intellectual creations only if their works positively contribute to society.
  • This theory emphasizes that intellectual works harming life, health, liberty, or society at large should not be rewarded or protected under law.
  • It aligns with ethical considerations, arguing that creators should only benefit from their works if they fulfill moral obligations by producing content that contributes to societal well-being.
  • For example, works promoting hate speech or harmful technologies may not be granted intellectual property protection under this theory.

Additional Information

  • Moral Right Theory:
  • Moral Right Theory focuses on the personal rights of creators, such as the right to attribution and the right to integrity of their work.
  • This theory is centered on protecting the creator’s reputation and personal connection to their intellectual property, rather than societal impact.
  • It does not address whether the work harms society, making it an incorrect option for this question.
  • Human Right Theory:
  • Human Right Theory in IPR emphasizes that intellectual property protection should uphold basic human rights, such as access to knowledge and healthcare.
  • While this theory advocates for societal benefits, it does not specifically focus on denying protection to harmful works, which is why it is incorrect in this context.
  • Creative Destruction Theory:
  • Creative Destruction Theory describes the process where innovation disrupts existing structures, leading to economic and societal changes.
  • It does not address the ethical considerations of rewarding creators whose works harm society, making it unsuitable for this question.
  • Additional Note:
  • It is important to recognize that theories in IPR often intersect, but Moral Desert Theory uniquely combines ethical and societal considerations regarding the protection of intellectual works.

Question 34

'Hazardous Substance' is defined under which of the following Act? 

  1. AOption (a)

    The Air (Prevention and Control of Pollution) Act, 1981

  2. BOption (b)

    The Environment (Protection) Act, 1986

  3. COption (c)

    The Water (Prevention and Control of Pollution) Act, 1974 

  4. DOption (d)

    The Forest (Conservation) Act, 1980

View answer & explanation

Correct answer

Answer: (b)B.

The Environment (Protection) Act, 1986

Why this answer is correct

The correct answer is 'The Environment (Protection) Act, 1986'

Key Points

  • The Environment (Protection) Act, 1986:
  • The term 'Hazardous Substance' is explicitly defined under the Environment (Protection) Act, 1986, which was enacted to safeguard and improve environmental conditions in India.
  • This act provides a comprehensive framework for the protection and conservation of the environment and addresses the management of hazardous substances.
  • Under Section 2(e) of the Act, 'Hazardous Substance' is defined as any substance or preparation which, by reason of its chemical or physicochemical properties or handling, is liable to cause harm to human beings, other living creatures, plants, microorganisms, property, or the environment.
  • The Act empowers the central government to take measures to regulate and manage hazardous substances, including their manufacture, storage, use, and disposal.

Additional Information

  • The Air (Prevention and Control of Pollution) Act, 1981:
  • This act focuses on the prevention, control, and abatement of air pollution. It establishes the Central and State Pollution Control Boards to implement measures for reducing air pollution.
  • The Act does not define 'Hazardous Substance' but rather concentrates on regulating emissions and air quality standards.
  • The Water (Prevention and Control of Pollution) Act, 1974:
  • This act is designed to prevent and control water pollution and to ensure the maintenance of water quality standards.
  • Similar to the Air Act, it establishes pollution control boards but does not provide a definition or framework for hazardous substances.
  • The Forest (Conservation) Act, 1980:
  • This act aims to conserve forests and regulate the use of forest land for non-forest purposes.
  • It does not address hazardous substances or their management but rather focuses on forest conservation and usage regulations.

Question 35

Match List - I with List - II.

List - I (Maxims)List - II (Principle/Meaning)
(A)Qui facit per alium facit per se(I)let the principal be liable
(B)Volenti non fit injuria(II)damage without the violation of a legal right
(C)Damnum sine injuria(III)voluntary consent to suffer some harm
(D)Respondeat superior(IV)the act of an agent is the act of the principal

 

 

 

 

 

 

 

 

 

 

Choose the correct answer from the options given below :

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (b)B.

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

Why this answer is correct

The correct answer is 'Option 2'

Key Points

  • Explanation of the correct match:
  • (A) Qui facit per alium facit per se - (IV) The act of an agent is the act of the principal: This legal maxim means that if someone acts through another person (an agent), their actions are considered as their own. In legal context, the principal is responsible for the acts of the agent.
  • (B) Volenti non fit injuria - (III) Voluntary consent to suffer some harm: This principle states that if someone willingly consents to a risk or harm, they cannot claim compensation for injuries caused by that risk. For example, participants in sports voluntarily accept the risks involved.
  • (C) Damnum sine injuria - (II) Damage without the violation of a legal right: This maxim indicates that harm or loss caused without infringing on someone's legal rights does not constitute a legal injury. For instance, opening a competing business that affects someone else's profits does not violate their legal rights.
  • (D) Respondeat superior - (I) Let the principal be liable: This principle establishes that an employer (principal) is liable for the wrongful acts of their employees (agents) carried out during the course of employment.

Additional Information

  • Analysis of incorrect options:
  • Option 1: Matches (A)-(I), (B)-(II), (C)-(III), (D)-(IV). This is incorrect as the assignments do not align with the correct meaning of the legal maxims. For example, (A) Qui facit per alium facit per se is wrongly matched with (I) instead of (IV).
  • Option 3: Matches (A)-(III), (B)-(IV), (C)-(I), (D)-(II). This is incorrect as it misattributes principles to the maxims. For instance, (A) Qui facit per alium facit per se does not mean (III) voluntary consent to suffer harm.
  • Option 4: Matches (A)-(II), (B)-(I), (C)-(IV), (D)-(III). This is incorrect as it inaccurately pairs meanings with maxims. For example, (B) Volenti non fit injuria is wrongly assigned to (I) rather than (III).
  • Importance of legal maxims:
  • Legal maxims are foundational principles derived from Roman law and other legal traditions. They provide concise expressions of legal truths and serve as guidelines in judicial reasoning.
  • Understanding these maxims is critical for interpreting laws and applying them effectively in various legal scenarios.

Question 36

Match List - I with List - II.

List - I (General Provisions Relating to State Responsibility as provided in Geneva Convention)List - II (Corresponding Articles)
(A)Geneva Convention I(I)Article 49-54
(B)Geneva Convention II(II)Article 50-53
(C)Geneva Convention III(III)Article 129-132
(D)Geneva Convention IV(IV)Article 146-149

 

 

 

 

 

 

 

 

 

 

 

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (a)A.

(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

  • Geneva Conventions:
  • The Geneva Conventions are a series of international treaties and protocols that establish standards for humanitarian treatment during armed conflicts. These conventions are vital for ensuring the humane treatment of individuals who are not actively participating in hostilities, such as civilians, medical personnel, and prisoners of war.
  • There are four Geneva Conventions, each addressing specific aspects of warfare and protections under international law.
  • General Provisions Relating to State Responsibility:
  • Each convention contains articles that outline state responsibilities and obligations during armed conflict. These articles emphasize the requirement for states to ensure respect for the conventions and to hold individuals accountable for violations.
  • Matching the Articles:
  • (A) Geneva Convention I: Articles 49–54 deal with state responsibilities concerning wounded and sick members of armed forces during conflict.
  • (B) Geneva Convention II: Articles 50–53 address similar provisions, but specifically for wounded, sick, and shipwrecked members of armed forces at sea.
  • (C) Geneva Convention III: Articles 129–132 focus on the treatment and protection of prisoners of war, including obligations for prosecution of grave breaches of the convention.
  • (D) Geneva Convention IV: Articles 146–149 outline state responsibilities regarding the protection of civilians during armed conflicts, including prosecution for violations.

Additional Information

  • Explanation of Incorrect Options:
  • Option 2: (A)-(II), (B)-(III), (C)-(IV), (D)-(I) - This option incorrectly matches the articles to conventions, mixing provisions meant for different groups such as civilians and prisoners of war.
  • Option 3: (A)-(III), (B)-(IV), (C)-(I), (D)-(II) - This option incorrectly places provisions for prisoners of war under Geneva Convention I and swaps other provisions, leading to mismatched responsibilities.
  • Option 4: (A)-(IV), (B)-(I), (C)-(II), (D)-(III) - This option incorrectly assigns civilian protections to Geneva Convention I and fails to align articles with their respective conventions.
  • Importance of Accurate Matching:
  • The accurate alignment of articles with their respective conventions ensures proper understanding and adherence to international humanitarian law.
  • Such alignment is crucial for legal professionals, policymakers, and humanitarian organizations working within the framework of the Geneva Conventions.

Question 37

The chairperson of The National Green Tribunal shall be appointed by whom?

  1. AOption (a)

    Central Government alone

  2. BOption (b)

    Central Government in Consultation with The Chief Justice of India

  3. COption (c)

    Central Government in Consultation with The outgoing Chairperson of The Tribunal

  4. DOption (d)

    Central Government in Consultation with President and Chief Justice of India

View answer & explanation

Correct answer

Answer: (b)B.

Central Government in Consultation with The Chief Justice of India

Why this answer is correct

The chairperson of The National Green Tribunal shall be appointed by the Central Government in Consultation with The Chief Justice of India.

Key Points

  • Appointment Process for the Chairperson of the National Green Tribunal (NGT):
  • The National Green Tribunal (NGT) is a specialized judicial body established under the National Green Tribunal Act, 2010. It handles environmental disputes and ensures the effective implementation of environmental laws.
  • Section 6(1) of the NGT Act specifies that the Chairperson of the Tribunal is appointed by the Central Government in consultation with the Chief Justice of India.
  • This consultation ensures judicial oversight and the selection of a qualified individual with significant legal or judicial experience.
  • The role of the Chief Justice of India in this process emphasizes the importance of maintaining the independence of the Tribunal and ensuring that the appointment aligns with judicial standards.

Additional Information

  • Explanation of Incorrect Options:
  • Option 1 (Central Government alone): This is incorrect because the NGT Act mandates consultation with the Chief Justice of India to ensure judicial input in the appointment process.
  • Option 3 (Central Government in Consultation with the outgoing Chairperson): This is incorrect as the NGT Act does not provide for consultation with the outgoing Chairperson during the appointment process.
  • Option 4 (Central Government in Consultation with President and Chief Justice of India): This is incorrect because the NGT Act specifically mentions consultation with the Chief Justice of India, not the President.
  • Significance of the National Green Tribunal:
  • The NGT plays a crucial role in resolving environmental disputes, protecting natural resources, and ensuring sustainable development.
  • The appointment of its Chairperson through consultation with the Chief Justice of India underscores the Tribunal’s judicial character and its commitment to impartiality.

Question 38

The doctrine of separation forms the basis of American constitutional structure. Which of the following provisions of U.S. Constitution exemplify the concept of separation of powers?

  1. AOption (a)

    Article I

  2. BOption (b)

    Articles I and II

  3. COption (c)

    Articles I, II and III

  4. DOption (d)

    Articles II, III and V

View answer & explanation

Correct answer

Answer: (c)C.

Articles I, II and III

Why this answer is correct

The correct answer is 'Articles I, II and III'

Key Points

  • Separation of Powers and Articles I, II, and III:
  • The doctrine of separation of powers is a fundamental principle of the U.S. Constitution, ensuring that the legislative, executive, and judicial branches operate independently to prevent concentration of power.
  • Article I: Establishes the legislative branch, Congress, granting it powers to make laws, levy taxes, regulate commerce, and declare war.
  • Article II: Establishes the executive branch, headed by the President, granting powers to enforce laws, command the military, negotiate treaties, and appoint federal officials.
  • Article III: Establishes the judicial branch, including the Supreme Court, granting powers to interpret laws and ensure their alignment with the Constitution.
  • These articles clearly delineate the roles and responsibilities of each branch, exemplifying the concept of separation of powers.

Additional Information

  • Incorrect Options:
  • Option 1 (Article I): While Article I defines the legislative branch, it alone does not represent the full concept of separation of powers, as it excludes the executive and judicial branches.
  • Option 2 (Articles I and II): Articles I and II cover the legislative and executive branches, but without the inclusion of Article III (judiciary), the separation of powers is incomplete.
  • Option 4 (Articles II, III, and V): While Articles II and III cover the executive and judicial branches, Article V deals with constitutional amendments and is unrelated to separation of powers. The omission of Article I (legislative) further makes this option incorrect.
  • Importance of Separation of Powers:
  • This principle is essential to maintaining a system of checks and balances, ensuring that no single branch becomes too powerful.
  • It promotes accountability and prevents the abuse of power within the federal government.
  • Checks and Balances:
  • While separation of powers assigns specific roles to each branch, the system of checks and balances allows them to monitor and limit each other’s powers, ensuring a balanced governance structure.
  • For example, Congress (legislative) passes laws, but the President (executive) can veto them, and the judiciary can review their constitutionality.

Question 39

Which among the following statements is generally understood to mean the essence of the Estrada Doctrine ?

  1. AOption (a)

    Recognition of government is unnecessary once the state has been recognised

  2. BOption (b)

    Recognition of government is an imperative for recognition of state

  3. COption (c)

    Recognition of government provides legality to a state

  4. DOption (d)

    State is a legal person under international law only if recognised by the United Nations

View answer & explanation

Correct answer

Answer: (a)A.

Recognition of government is unnecessary once the state has been recognised

Why this answer is correct

The correct answer is 'Recognition of government is unnecessary once the state has been recognised.'

Key Points

  • Estrada Doctrine Overview:
  • The Estrada Doctrine is a principle of international law articulated by Mexico in 1930. It emphasizes that the recognition of governments should not be a discretionary act of other states, particularly when it involves assessing the legitimacy of a government.
  • According to this doctrine, once a state is recognized, the recognition of its government is unnecessary, as it is seen as an internal matter of the state itself.
  • This approach avoids interference in the domestic affairs of other states and focuses on maintaining the sovereignty and equality of nations under international law.
  • Essence of Option 1:
  • Option 1 aligns with the Estrada Doctrine as it asserts that once a state has been recognized, there is no need for separate recognition of its government.
  • This is because the recognition of the state inherently implies recognition of its governing authority, regardless of changes in leadership or political systems.
  • This principle is rooted in the idea of non-intervention and respect for sovereignty, which are foundational elements of international law.

Additional Information

  • Why Other Options Are Incorrect:
  • Option 2 (Recognition of government is an imperative for recognition of state): This contradicts the Estrada Doctrine as it implies that the legitimacy of a state depends on the recognition of its government. The doctrine separates the recognition of the state from the evaluation of its government, making this option incorrect.
  • Option 3 (Recognition of government provides legality to a state): This option is inaccurate because the Estrada Doctrine does not tie the legality of a state to the recognition of its government. The existence of a state under international law is independent of the recognition of its government.
  • Option 4 (State is a legal person under international law only if recognized by the United Nations): This statement is incorrect as recognition by the United Nations is not a prerequisite for statehood under international law. Statehood is determined by fulfilling criteria such as a defined territory, permanent population, government, and capacity to enter relations with other states.
  • Option 5 (No additional statement provided): This option is not relevant as it does not contribute to the understanding of the Estrada Doctrine or its implications.
  • Implications of the Estrada Doctrine:
  • The doctrine promotes non-intervention and avoids the politicization of government recognition, fostering stable international relations.
  • It is particularly relevant in situations involving changes in government due to revolutions, coups, or other internal disruptions.
  • By adhering to this principle, states avoid taking positions on the internal legitimacy of other governments, which could lead to diplomatic tensions.

Question 40

The Consumer Protection Act, 1986 has been repealed and replaced by which of the following Act?

  1. AOption (a)

    The Consumer Protection Act, 2017

  2. BOption (b)

    The Consumer Protection Act, 2018

  3. COption (c)

    The Consumer Protection Act, 2019 

  4. DOption (d)

    The Consumer Protection Act, 2020

View answer & explanation

Correct answer

Answer: (c)C.

The Consumer Protection Act, 2019 

Why this answer is correct

The correct answer is 'The Consumer Protection Act, 2019'

Key Points

  • The Consumer Protection Act, 2019:
  • The Consumer Protection Act, 2019 was enacted to replace the earlier Consumer Protection Act, 1986, and came into effect on July 20, 2020.
  • The 2019 Act aims to provide enhanced protection to consumers and address modern challenges, such as e-commerce and misleading advertisements, which were not adequately covered under the 1986 Act.
  • It introduced several new provisions, including the establishment of the Central Consumer Protection Authority (CCPA) to promote, protect, and enforce consumer rights.
  • The Act also incorporates provisions for product liability, mediation as an alternate dispute resolution mechanism, and stricter penalties for unfair trade practices.
  • One of the key features is the introduction of rules to regulate e-commerce platforms, ensuring transparency and accountability for online sellers.

Additional Information

  • The Consumer Protection Act, 2017:
  • This option is incorrect as no Consumer Protection Act was enacted in 2017. The government was in the process of drafting a new consumer protection law during this period, but it was not finalized until 2019.
  • The Consumer Protection Act, 2018:
  • This option is also incorrect. While discussions and preparations for revising the Consumer Protection Act were ongoing in 2018, the final Act was not passed by Parliament during that year.
  • The Consumer Protection Act, 2020:
  • This option is incorrect. While the Consumer Protection Act, 2019 came into effect in 2020, the Act itself was enacted and passed in 2019, making '2019' the correct answer.

Question 41

Arrange the following in order (section wise) as stated in chapter XVII of Indian Penal Code, 1860?

(A) Mischief

(B) Stolen property

(C) Making preparation to commit dacoity

(D) Dacoity with Murder

(E) Assembling for purpose of committing dacoity

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

    (D), (E), (C), (A), (B) 

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (d)D.

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

Why this answer is correct

The correct answer is 'Dacoity with Murder, Making preparation to commit dacoity, Assembling for purpose of committing dacoity, Stolen property, Mischief.'

Key Points

  • Chapter XVII of Indian Penal Code, 1860:
  • Chapter XVII deals with "Offences Against Property" and contains provisions related to crimes such as theft, extortion, robbery, dacoity, mischief, and receiving stolen property.
  • Sections within Chapter XVII are organized systematically based on the severity and nature of the offense.
  • Arrangement in order as per Chapter XVII:
  • Dacoity with Murder: This is one of the gravest offenses in Chapter XVII, where murder is committed during dacoity (Section 396).
  • Making preparation to commit dacoity: Refers to the preparation made by individuals to commit dacoity (Section 399).
  • Assembling for purpose of committing dacoity: Covers instances where individuals assemble to plan and commit dacoity (Section 402).
  • Stolen property: Addresses the handling or receiving of stolen property, emphasizing the post-offense actions (Sections 410-414).
  • Mischief: Deals with damage or destruction to property (Sections 425-440).

Additional Information

  • Explanation of Incorrect Options:
  • Option 1: This sequence places "Mischief" first, which is incorrect as mischief is a less severe offense and comes later in Chapter XVII.
  • Option 2: This option starts with "Assembling for purpose of committing dacoity," which is incorrect as it should follow "Making preparation to commit dacoity."
  • Option 3: This sequence begins with "Dacoity with Murder" but incorrectly places "Making preparation to commit dacoity" after "Assembling for purpose of committing dacoity."
  • Importance of correct sequence:
  • The arrangement reflects the logical progression of offenses, starting from serious crimes like dacoity with murder, followed by preparatory and assembly stages, and concluding with lesser offenses such as mischief.

Question 42

In order to constitute a 'marz-ul-maut', which of the following conditions must be satisfied?

(A) The malady or illness must result in the death

(B) The illness must cause reasonable apprehension of death in the mind of donor

(C) There should be some external indicia of a serious illness

(D) There must be an apprehension of death in the mind of physician

(E) Delivery of possession must be given to the donee

Choose the correct answer from the options given below:

  1. AOption (a)

    (B), (C), (D), (E) Only

  2. BOption (b)

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

  3. COption (c)

    (A), (C), (D), (E) Only

  4. DOption (d)

    (A), (B), (C), (E) Only

View answer & explanation

Correct answer

Answer: (d)D.

(A), (B), (C), (E) Only

Why this answer is correct

The correct answer is '(A), (B), (C), (E) Only'

Key Points

  • Definition of Marz-ul-Maut:
  • In Islamic law, "Marz-ul-Maut" refers to a situation where a person is on their deathbed or in a state of illness that raises an apprehension of imminent death.
  • This condition is significant in legal and inheritance matters as it impacts the validity of donations or gifts made by the donor during this period.
  • Conditions to Constitute Marz-ul-Maut:
  • (A) The malady or illness must result in death: For a condition to qualify as Marz-ul-Maut, the illness must ultimately lead to the death of the donor.
  • (B) The illness must cause reasonable apprehension of death in the mind of the donor: The donor must be aware of their critical condition and have a genuine fear of death.
  • (C) There should be some external indicia of a serious illness: Observable signs or symptoms of the illness must indicate its severity and life-threatening nature.
  • (E) Delivery of possession must be given to the donee: In cases involving gifts made during Marz-ul-Maut, it is essential that possession of the gifted property is transferred to the donee for the gift to be valid.

Additional Information

  • Explanation of Incorrect Options:
  • (D) There must be an apprehension of death in the mind of the physician: This condition is not a mandatory requirement for Marz-ul-Maut. The focus is on the donor's perception of their health and the external signs of illness, not the physician's view.
  • Option 1 (B), (C), (D), (E) Only: This option omits (A), which is a crucial condition as the illness must result in death to constitute Marz-ul-Maut.
  • Option 2 (A), (B), (C), (D) Only: This option excludes (E), which is essential for the validity of gifts made during Marz-ul-Maut.
  • Option 3 (A), (C), (D), (E) Only: This option excludes (B), which is critical because the donor's apprehension of death is a key determinant of Marz-ul-Maut.
  • Legal Implications:
  • Any gifts made during Marz-ul-Maut are subject to specific restrictions, as they may be considered an attempt to distribute the estate outside the usual rules of inheritance.
  • Such gifts require scrutiny to ensure fairness and compliance with inheritance laws.

Question 43

Which of the following is the Schedule II of the National Green Tribunal Act, 2010?

  1. AOption (a)

    List of the Acts Repealed

  2. BOption (b)

    List of the Acts Amended

  3. COption (c)

    Heads under which compensation or relief for damage may be claimed

  4. DOption (d)

    Rules to be followed by NGT

View answer & explanation

Correct answer

Answer: (c)C.

Heads under which compensation or relief for damage may be claimed

Why this answer is correct

The correct answer is 'Heads under which compensation or relief for damage may be claimed'

Key Points

  • Schedule II of the National Green Tribunal (NGT) Act, 2010:
  • Schedule II of the NGT Act, 2010, outlines the heads under which compensation or relief for damage may be claimed.
  • This includes provisions for environmental damage, harm to individuals, and loss to property due to environmental hazards or violations.
  • The NGT was established to provide effective and expeditious environmental dispute resolution, and Schedule II ensures accountability by providing a framework for compensation.
  • Compensation claims under this schedule may be related to restoration of the environment, monetary relief for individuals affected, or penalties imposed on violators.

Additional Information

  • Other Options Explained:
  • List of the Acts Repealed (Option 1):
  • This is incorrect as the NGT Act, 2010, does not repeal any specific acts. Instead, it works alongside other environmental laws like the Environment Protection Act, 1986, to enforce environmental accountability.
  • List of the Acts Amended (Option 2):
  • This is incorrect because the NGT Act does not amend any existing legislation. It is a standalone act aimed at addressing environmental disputes and providing a specialized forum for their resolution.
  • Rules to be followed by NGT (Option 4):
  • While the NGT follows specific rules and procedures, these are not part of Schedule II. The rules are outlined in separate sections and regulations under the act.
  • Others (Option 5):
  • This is a placeholder option and does not pertain to Schedule II of the NGT Act, 2010.
  • About the National Green Tribunal (NGT):
  • The NGT was established under the National Green Tribunal Act, 2010, to handle cases related to environmental protection, conservation of forests, and other natural resources.
  • It is a specialized body that provides a speedy and effective mechanism for the resolution of environmental disputes.
  • The tribunal has the power to enforce legal rights relating to the environment and award compensation for damages caused by violations of environmental laws.

Question 44

What is the meaning of the following maxim?

"Ex turpi causa non oritur actio"

  1. AOption (a)

    From an immoral cause no action arises

  2. BOption (b)

    From an immoral cause an action arises

  3. COption (c)

    From a moral cause an action arises

  4. DOption (d)

    From a moral cause no action arises

View answer & explanation

Correct answer

Answer: (a)A.

From an immoral cause no action arises

Why this answer is correct

The correct answer is 'From an immoral cause no action arises'

Key Points

  • Meaning of "Ex turpi causa non oritur actio":
  • This Latin maxim translates to "From an immoral cause no action arises."
  • It is a legal principle in common law that states a plaintiff cannot pursue a legal remedy if the cause of action is based on their own illegal or immoral act.
  • The principle ensures that courts do not enforce rights or obligations arising out of unlawful or unethical behavior.
  • Application in law:
  • This maxim is commonly applied in contract law and tort law where a party seeks to enforce a claim arising from illegal or unethical actions.
  • For example, if a contract is made for illegal purposes, such as smuggling, neither party can enforce the contract in a court of law.
  • The principle upholds public policy by discouraging illegal or immoral actions and ensuring that the legal system does not reward or support such behavior.

Additional Information

  • Explanation of incorrect options:
  • Option 2: "From an immoral cause an action arises": This is incorrect as it contradicts the fundamental legal principle that no valid action can arise from an unlawful or immoral act.
  • Option 3: "From a moral cause an action arises": While actions can arise from moral causes, this is not the meaning of the given maxim, which specifically addresses immoral causes.
  • Option 4: "From a moral cause no action arises": This is incorrect as moral causes are often the basis for legitimate legal actions, unlike immoral causes.
  • Importance in legal systems:
  • The maxim reinforces the integrity of the legal system by preventing individuals from using courts to benefit from their own illegal or unethical acts.
  • It promotes justice and fairness by ensuring that legal remedies are only available for rightful and lawful claims.

Question 45

Under Public International Law, the Nottebohm case is of great relevance in relation to which of the given options?

  1. AOption (a)

    Tortious liability

  2. BOption (b)

    Cyber crime across borders

  3. COption (c)

    Drug trafficking and money laundering 

  4. DOption (d)

    Nationality

View answer & explanation

Correct answer

Answer: (d)D.

Nationality

Why this answer is correct

The correct answer is 'Nationality'

Key Points

  • Nottebohm case and Nationality:
  • The Nottebohm case (Liechtenstein v. Guatemala) is a landmark decision in Public International Law delivered by the International Court of Justice (ICJ) in 1955.
  • The case revolved around Friedrich Nottebohm, a German national who acquired Liechtenstein nationality and sought its protection against Guatemala during World War II.
  • The ICJ established the principle of "effective nationality," emphasizing that nationality must reflect a genuine connection between the individual and the state granting it.
  • The court ruled against Liechtenstein's claim, stating that Nottebohm's connection to Liechtenstein was not genuine or substantive enough to warrant international protection.
  • This case is significant as it clarified the concept of nationality in international law, particularly in the context of diplomatic protection.

Additional Information

  • Other options and why they are incorrect:
  • Tortious liability:
  • Tortious liability deals with civil wrongs and compensations, but it is unrelated to the principles of nationality and diplomatic protection addressed in the Nottebohm case.
  • This case does not establish any precedent or principle in the domain of tort law.
  • Cybercrime across borders:
  • Cybercrime involves illegal activities conducted via the internet across jurisdictions, such as hacking, identity theft, or online fraud.
  • The Nottebohm case does not touch upon issues of cybercrime or digital jurisdiction, as it predates the era of cyberspace concerns.
  • Drug trafficking and money laundering:
  • These crimes involve the illegal trade of drugs and the process of disguising the origins of illegally obtained money.
  • The Nottebohm case does not involve criminal activities like drug trafficking or financial crimes, making this option irrelevant.
  • Nationality:
  • This is the correct answer, as the Nottebohm case addresses the concept of nationality and its role in diplomatic protection under international law.
  • Impact of the Nottebohm case:
  • It established the principle that nationality must be based on a genuine and effective connection between the individual and the granting state.
  • This principle has influenced subsequent cases in international law concerning nationality and diplomatic protection.

Question 46

The definition of Tortious Liability: "Tortious liability arises from the breach of a duty primarily fixed by the law: this duty is towards persons generally and its breach is redressible by an action for unliquidated damages" - is given by which of the following jurist?

  1. AOption (a)

    Salmond

  2. BOption (b)

    Winfield

  3. COption (c)

    Fraser 

  4. DOption (d)

    Puchta

View answer & explanation

Correct answer

Answer: (b)B.

Winfield

Why this answer is correct

The correct answer is 'Winfield'

Key Points

  • Definition of Tortious Liability:
  • Tortious liability refers to the legal responsibility that arises when a person breaches a duty of care imposed by law, leading to harm or loss to another individual.
  • Winfield provided the widely accepted definition of tortious liability: "Tortious liability arises from the breach of a duty primarily fixed by the law: this duty is towards persons generally and its breach is redressible by an action for unliquidated damages."
  • This definition emphasizes three key elements:
  • A duty imposed by law (not by agreement or contract).
  • The duty is owed to persons generally, not to specific individuals.
  • The remedy for breach is through unliquidated damages (compensation not pre-determined).

Additional Information

  • Explanation of Other Options:
  • Salmond: Salmond is a renowned jurist who has contributed significantly to the understanding of tort law, but he did not provide the specific definition mentioned in the question. Salmond defined a tort as a civil wrong that is not exclusively a breach of contract or trust, and his focus was more on categorization.
  • Fraser: Fraser is another legal scholar who has worked on legal principles, but his contributions are more general and not specifically associated with the definition of tortious liability in this context.
  • Puchta: Puchta was a German jurist associated with the Historical School of Jurisprudence. His focus was on the development of law through historical and cultural contexts, rather than specific definitions related to tort law.
  • Importance of Winfield's Definition:
  • Winfield's definition provides clarity and a structured approach to understanding tortious liability, making it a cornerstone for legal studies and practice in tort law.
  • It highlights the unique nature of torts as a branch of law distinct from contract law and criminal law.

Question 47

Arrange the following punishments in chronological order of which offenders are liable under Section 53 of IPC, 1860.

(A) Fine

(B) Forfeiture of property

(C) Imprisonment for Life

(D) Death

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

    (D), (A), (B), (C) 

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (a)A.

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

Why this answer is correct

The correct answer is ‘(D), (C), (B), (A)’

Key Points

  • Overview of Section 53 of IPC, 1860:
  • Section 53 of the Indian Penal Code (IPC), 1860, outlines the various punishments that may be imposed on offenders convicted of a crime.
  • The punishments listed under this section provide a framework for courts to decide appropriate penalties based on the gravity and nature of the offense.
  • The punishments under Section 53 are hierarchical in nature, ranging from the most severe to the least severe.
  • Chronological order of punishments under Section 53:
  • (D) Death: This is the most severe punishment and is imposed for the gravest offenses, such as murder or treason.
  • (C) Imprisonment for Life: This punishment is less severe than death but is used for heinous crimes where the offender is deemed unfit to rejoin society.
  • (B) Forfeiture of Property: This involves confiscating the offender's property, typically in cases involving economic crimes or crimes against the state.
  • (A) Fine: The least severe punishment, involving monetary penalties, is often imposed for minor offenses or as an additional penalty.

Additional Information

  • Explanation of other incorrect options:
  • Option 2 (A), (B), (C), (D): This order incorrectly places the least severe punishment (Fine) before the most severe punishments. The chronological hierarchy of severity is not maintained.
  • Option 3 (D), (A), (B), (C): This order inaccurately places Fine before Forfeiture of Property and Imprisonment for Life, disrupting the logical progression of severity.
  • Option 4 (B), (A), (C), (D): This order incorrectly places Forfeiture of Property and Fine before Imprisonment for Life and Death, which does not align with the severity of punishments outlined in Section 53.
  • Significance of Section 53:
  • Section 53 ensures that punishments are proportional to the offense committed, promoting justice and deterrence.
  • It provides a flexible structure for courts to administer fair and appropriate penalties based on individual case circumstances.
  • This section also reflects the principle of graded punishments, ensuring that minor offenses are not met with overly harsh penalties.

Question 48

Which of the following acts are exempted from criminal liability under the Indian Penal Code ?

(A) Act likely to cause harm done without criminal intent to prevent other harm

(B) Act causing slight harm

(C) Act of a child above 7 and under 12 years, but of immature understanding

(D) Act likely to cause harm done with criminal intent

Choose the correct answer from the options given below :

  1. AOption (a)

    (A), (B), (C) Only

  2. BOption (b)

    (B), (C), (D) Only

  3. COption (c)

    (A), (B), (D) Only

  4. DOption (d)

    (C), (D), (A) Only

View answer & explanation

Correct answer

Answer: (a)A.

(A), (B), (C) Only

Why this answer is correct

The correct answer is 'Act likely to cause harm done without criminal intent to prevent other harm, Act causing slight harm, Act of a child above 7 and under 12 years, but of immature understanding'

Key Points

  • Exemptions under the Indian Penal Code (IPC):
  • The Indian Penal Code provides certain exemptions from criminal liability under specific circumstances. These exemptions are guided by principles of fairness and justice to ensure that individuals are not punished for acts that lack criminal intent or are justified in specific contexts.
  • Explanation of the correct answer:
  • (A) Act likely to cause harm done without criminal intent to prevent other harm: This exemption is covered under Section 81 of the IPC. If an act is done in good faith and without criminal intent to prevent greater harm, it is not considered a criminal offense.
  • (B) Act causing slight harm: Section 95 of the IPC states that acts causing slight harm that a person of ordinary sense and temper would not complain of are exempt from criminal liability. This provision ensures that trivial acts are not treated as criminal offenses.
  • (C) Act of a child above 7 and under 12 years, but of immature understanding: Section 83 of the IPC exempts children in this age group from criminal liability if they do not have sufficient maturity to understand the nature and consequences of their actions.

Additional Information

  • Why other options are incorrect:
  • (D) Act likely to cause harm done with criminal intent: This is not exempt under the IPC. Acts done with criminal intent are punishable, as intent is a key element in determining criminal liability.
  • General principles of criminal law:
  • Criminal liability often depends on the presence of mens rea (criminal intent) and the actus reus (criminal act). The IPC provides exceptions for acts done without criminal intent, acts of children, and acts causing trivial harm.
  • These exemptions ensure that the law is applied equitably and that individuals are not punished for actions lacking malicious intent.

Question 49

The word 'jurisprudence' owes its origin from the term 'jurisprudentia', which is given by :

  1. AOption (a)

    Greeks

  2. BOption (b)

    Romans

  3. COption (c)

    British Jurists

  4. DOption (d)

    American Jurists

View answer & explanation

Correct answer

Answer: (b)B.

Romans

Why this answer is correct

The correct answer is 'Romans'

Key Points

  • Origin of the term 'jurisprudence':
  • The word 'jurisprudence' originates from the Latin term 'jurisprudentia', which means "knowledge or skill in law." It is derived from two Latin words: 'jus' (law) and 'prudentia' (wisdom or foresight).
  • The Romans played a foundational role in developing legal principles, structures, and terminology, which significantly influenced modern legal systems worldwide.
  • Roman law, especially as codified in the Corpus Juris Civilis by Emperor Justinian, served as the basis for many contemporary legal frameworks, including civil law traditions.
  • Thus, the term 'jurisprudence' reflects the Roman contribution to the study and systematic understanding of law.

Additional Information

  • Greeks:
  • While the Greeks contributed significantly to philosophy, ethics, and political theory, their focus was more on abstract principles and the concept of justice rather than systematic legal frameworks.
  • Greek philosophers like Plato and Aristotle discussed justice and governance but did not develop a legal system comparable to Roman law.
  • British Jurists:
  • British jurists contributed to the development of common law and legal philosophy, but they were not responsible for coining or originating the term 'jurisprudence'.
  • British legal thought evolved later and was influenced by Roman law and jurisprudence.
  • American Jurists:
  • American jurists primarily contributed to the expansion and interpretation of law within the framework of constitutional democracy.
  • While they have made significant advancements in legal theory, their work builds upon earlier foundations laid by Roman law and subsequent European traditions.

Question 50

Which of the following international treaty deal with access to published works for visually impaired and print disabled people?

  1. AOption (a)

    Marrakesh Treaty

  2. BOption (b)

    Beijing Treaty

  3. COption (c)

    Rome Treaty

  4. DOption (d)

    Geneva Treaty

View answer & explanation

Correct answer

Answer: (a)A.

Marrakesh Treaty

Why this answer is correct

The correct answer is 'Marrakesh Treaty.'

Key Points

  • Marrakesh Treaty:
  • The Marrakesh Treaty is an international agreement adopted in 2013 under the auspices of the World Intellectual Property Organization (WIPO).
  • Its primary objective is to facilitate access to published works for people who are visually impaired or otherwise print disabled.
  • The treaty enables the creation of accessible formats of copyrighted works, such as Braille, audio, and large print, and allows their cross-border exchange without needing copyright permission.
  • This treaty addresses the "book famine" faced by visually impaired individuals by removing legal barriers to access.
  • It emphasizes the importance of inclusivity and equal rights for persons with disabilities in accessing knowledge and education.

Additional Information

  • Beijing Treaty:
  • The Beijing Treaty, adopted in 2012, deals with the rights of performers in audiovisual performances, such as movies or TV shows.
  • It does not address issues related to accessibility for visually impaired or print disabled individuals.
  • Rome Treaty:
  • The Rome Treaty (Rome Convention) of 1961 focuses on the protection of performers, producers of phonograms, and broadcasting organizations.
  • This treaty primarily deals with intellectual property rights in the context of sound recordings and broadcasts, not accessibility for the disabled.
  • Geneva Treaty:
  • The Geneva Treaty (Geneva Phonograms Convention) of 1971 is aimed at protecting producers of phonograms against unauthorized duplication of their work.
  • It does not deal with the accessibility needs of visually impaired or print disabled individuals.

Question 51

Arrange the following Conventions/treaties in their chronological order.

(A) Hague Conventions (on humanitarian law)

(B) European Convention of Human Rights

(C) Geneva Convention

(D) Tokyo Convention (on hijacking)

(E) Universal Declaration of Human Rights

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (c)C.

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

Why this answer is correct

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

Key Points

  • Hague Conventions (on humanitarian law) - 1899 and 1907:
  • The Hague Conventions are among the first formal international treaties that outlined the laws of war and humanitarian principles.
  • They focused on regulating armed conflict, protecting civilians, and setting rules for warfare.
  • These conventions served as a foundation for later international humanitarian law, including the Geneva Conventions.
  • Universal Declaration of Human Rights (UDHR) - 1948:
  • Adopted by the United Nations General Assembly, the UDHR is a milestone document in the history of human rights.
  • It proclaimed fundamental human rights to be universally protected, focusing on dignity, freedom, equality, and justice for all individuals.
  • The UDHR inspired many subsequent treaties and conventions on human rights, laying the groundwork for global human rights standards.
  • Geneva Conventions - 1949:
  • The Geneva Conventions are a series of international treaties and protocols that establish standards for humanitarian treatment during war.
  • The 1949 Geneva Conventions expanded on earlier conventions, covering the protection of civilians, prisoners of war, and the wounded and sick in armed conflicts.
  • These conventions are widely regarded as the cornerstone of international humanitarian law.
  • European Convention on Human Rights (ECHR) - 1950:
  • The ECHR is an international treaty aimed at protecting human rights and fundamental freedoms in Europe.
  • It established the European Court of Human Rights, allowing individuals to bring cases against states for violations of their rights.
  • This convention played a crucial role in advancing human rights law within the European context.
  • Tokyo Convention (on hijacking) - 1963:
  • The Tokyo Convention was adopted to address the increasing problem of aircraft hijacking and other crimes committed on board aircraft.
  • It established legal frameworks to ensure the safety and security of international civil aviation.
  • This treaty was a significant step in developing international aviation law.

Additional Information

  • Why other options are incorrect:
  • Option 1: (C), (B), (D), (E), (A): The Geneva Conventions (C) cannot precede the Hague Conventions (A), as the latter laid the foundation for the former. Additionally, the Tokyo Convention (D) came much later than the other listed events.
  • Option 2: (A), (C), (B), (D), (E): This sequence places the European Convention on Human Rights (B) before the Universal Declaration of Human Rights (E), which is historically inaccurate.
  • Option 4: (A), (B), (C), (D), (E): This sequence incorrectly places the European Convention on Human Rights (B) before the Geneva Conventions (C), which is not the correct chronological order.
  • Significance of chronological order:
  • Understanding the chronological development of these conventions and treaties is crucial to comprehending the evolution of international law and human rights principles.
  • Each convention builds upon the foundation laid by its predecessors, addressing emerging challenges and expanding the scope of legal protections.

Question 52

Which of the following cases are related to Restitution of Conjugal Rights according to Hindu Marriage Act, 1955 ?

(A) T. Sareetha v/s Venkatasubah

(B) Parkash v/s Parmeshwari

(C) Tirath v/s Kripal Singh

(D) Harvinder Kaur v/s Harmander Singh

(E) Sureshtha Devi v/s Om Prakash

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

    (A), (B), (E) Only

  3. COption (c)

    (C), (D), (E) Only

  4. DOption (d)

    (A), (B), (D) Only

View answer & explanation

Correct answer

Answer: (a)A.

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

Why this answer is correct

The correct answer is 'Cases (A), (B), (C), (D) Only'

Key Points

  • Restitution of Conjugal Rights under Hindu Marriage Act, 1955:
  • The concept of restitution of conjugal rights is enshrined in Section 9 of the Hindu Marriage Act, 1955.
  • It allows a spouse to file a petition in court if the other spouse has withdrawn from their society without reasonable cause, seeking the return of matrimonial rights.
  • The court, after being satisfied with the petition, may decree restitution of conjugal rights, compelling the erring spouse to resume cohabitation.
  • Cases Related to Restitution of Conjugal Rights:
  • T. Sareetha v/s Venkatasubbaiah: This landmark case examined the constitutionality of Section 9 of the Hindu Marriage Act. The Andhra Pradesh High Court held that restitution of conjugal rights violates the right to privacy and human dignity under Article 21 of the Indian Constitution.
  • Parkash v/s Parmeshwari: This case discussed the applicability of Section 9 and the circumstances under which restitution of conjugal rights can be decreed.
  • Tirath v/s Kripal Singh: The court dealt with the issue of whether a petition for restitution of conjugal rights could be entertained when there was no valid reason for withdrawal of society by one spouse.
  • Harvinder Kaur v/s Harmander Singh: This case upheld the constitutionality of Section 9 and countered the decision in T. Sareetha by emphasizing the importance of marriage as an institution in Indian society.

Additional Information

  • Why 'Sureshtha Devi v/s Om Prakash' is not relevant:
  • This case is primarily associated with the concept of mutual consent divorce under Section 13B of the Hindu Marriage Act, rather than restitution of conjugal rights.
  • The case clarified the legal requirement of the "cooling-off period" in mutual consent divorce petitions and does not involve Section 9 of the Act.
  • Key Constitutional Challenges:
  • The restitution of conjugal rights provision has been challenged for violating fundamental rights like the right to privacy (Article 21) and equality (Article 14).
  • Different High Courts have held conflicting views on its constitutionality, with the Supreme Court yet to conclusively settle the issue.
  • Impact on Indian Family Law:
  • The principle of restitution of conjugal rights reflects the societal importance of marriage and family in India, where the institution of marriage is considered sacrosanct.
  • However, critics argue that enforcing cohabitation undermines individual autonomy and dignity, especially in cases of marital discord or abuse.

Question 53

Which of the following are true for adjudicating officers under the Information Technology Act, 2000 ?

(A) Has the powers of Civil Court which are conferred on the Appellate Tribunal

(B) All proceedings before it deemed to be judicial proceedings U/ss 193 and 228 of IPC

(C) Deemed to be a Civil Court for purpose of order XXI of CPC, 1908

(D) Deemed to be a Civil Court for the purpose of Sections 340 and 341 of Crpc, 1973

Choose the correct answer from the options given below:

  1. AOption (a)

    (A), (B), (C) Only

  2. BOption (b)

    (C), (D) Only

  3. COption (c)

    (A), (C) Only 

  4. DOption (d)

    (B), (C), (D) Only

View answer & explanation

Correct answer

Answer: (a)A.

(A), (B), (C) Only

Why this answer is correct

The correct answer is 'Has the powers of Civil Court which are conferred on the Appellate Tribunal, All proceedings before it deemed to be judicial proceedings U/ss 193 and 228 of IPC, and Deemed to be a Civil Court for the purpose of order XXI of CPC, 1908'

Key Points

  • Adjudicating Officers under the Information Technology Act, 2000:
  • Adjudicating officers are authorized to adjudicate matters related to contraventions of provisions under the Information Technology Act, 2000.
  • They are primarily responsible for determining penalties and compensations arising from violations under the Act.
  • Powers conferred under the Act:
  • Adjudicating officers are vested with the powers of a Civil Court as conferred on the Appellate Tribunal, which includes summoning and enforcing attendance, examining witnesses, receiving evidence, and requiring the discovery and inspection of documents.
  • All proceedings before adjudicating officers are deemed to be judicial proceedings under Sections 193 and 228 of the Indian Penal Code (IPC). This ensures that any false evidence or disruption during proceedings is treated as a punishable offense.
  • Adjudicating officers are deemed to be Civil Courts for the purpose of enforcing orders under Order XXI of the Code of Civil Procedure (CPC), 1908. This includes actions such as attachment and sale of property for recovery of penalties.

Additional Information

  • Incorrect Option Explanation:
  • Option (D): Adjudicating officers are not deemed to be Civil Courts for the purpose of Sections 340 and 341 of the Code of Criminal Procedure (CrPC), 1973. These sections pertain to procedures for dealing with offenses committed in court and the powers to deal with contempt, which are not explicitly granted to adjudicating officers under the IT Act.
  • While adjudicating officers have powers akin to those of Civil Courts for certain purposes, their jurisdiction does not extend to criminal matters as outlined in Sections 340 and 341 of CrPC.

Question 54

Which of the following statutes define 'person interested'?

  1. AOption (a)

    Patent Act, 1970

  2. BOption (b)

    Copyright Act, 1957

  3. COption (c)

    Industrial Designs Act, 2000

  4. DOption (d)

    Geographical Indication (Registration and Protection) Act, 2000

View answer & explanation

Correct answer

Answer: (a)A.

Patent Act, 1970

Why this answer is correct

The correct answer is 'Patent Act, 1970'

Key Points

  • Definition of 'Person Interested' under the Patent Act, 1970:
  • The term 'person interested' is explicitly defined in Section 2(1)(t) of the Patent Act, 1970.
  • It refers to a person engaged in, or in promoting, research in the same field as that to which the invention relates, or a person who has a direct interest in the patent process.
  • This definition is crucial because it determines who has the right to oppose the grant of a patent or seek its revocation, ensuring that patents are granted only to legitimate innovations.
  • An interested person can file an opposition during the pre-grant or post-grant stages if they believe the patent does not meet the criteria of novelty, inventive step, or industrial applicability.

Additional Information

  • Copyright Act, 1957:
  • The Copyright Act does not define the term 'person interested.' Instead, it focuses on the rights of authors, creators, and copyright owners regarding their creative works.
  • The act provides protection against unauthorized reproduction, distribution, or adaptation of copyrighted works but does not extend to defining stakeholders such as 'persons interested.'
  • Industrial Designs Act, 2000:
  • While the Industrial Designs Act, 2000, governs the registration and protection of industrial designs, it does not provide a specific definition for 'person interested.'
  • The act primarily focuses on protecting the aesthetic features of a design, such as shape, pattern, or configuration, and provides mechanisms for opposing or canceling design registrations.
  • Geographical Indication (Registration and Protection) Act, 2000:
  • The Geographical Indications Act deals with the protection of geographical indications for goods associated with a specific region, such as Darjeeling tea or Kancheepuram silk.
  • It does not define 'person interested' but instead refers to 'authorized users' or 'producers' who have a stake in the GI registration process.

Question 55

Which statements are true about theories of corporate personality?

(A) Fiction theory says only human beings can be properly called persons

(B) Concession theory states that corporate bodies have legal personality only if granted by Law

(C) Fiction theory is also called 'Organic Theory'

(D) Symbolist or Brackets Theory says members of the corporations are only persons who have rights and duties

(E) Savigny, Salmond and Dicey support Fiction Theory

Choose the correct answer from the options given below :

  1. AOption (a)

    (C), (D), (E) Only

  2. BOption (b)

    (B), (C), (D) Only

  3. COption (c)

    (A), (B), (C) Only

  4. DOption (d)

    (A), (B), (D), (E) Only

View answer & explanation

Correct answer

Answer: (d)D.

(A), (B), (D), (E) Only

Why this answer is correct

The correct answer is 'Fiction theory, Concession theory, Symbolist theory, and Savigny, Salmond, Dicey's support for Fiction theory'

Key Points

  • Fiction Theory:
  • Fiction theory posits that only human beings can be called persons in the legal sense, and corporate personalities are legal fictions created by law to enable certain legal functions.
  • It emphasizes that corporations are artificial entities and do not possess actual will or consciousness like natural persons.
  • Supported by legal scholars like Savigny, Salmond, and Dicey, this theory views corporations as constructs of the legal system, existing purely for convenience and legal requirements.
  • Concession Theory:
  • Concession theory states that corporate bodies acquire their legal personality only when granted by the law or state authority.
  • This theory suggests that the state has control over the creation and recognition of corporate entities, emphasizing their dependence on legal provisions.
  • It reflects the idea that corporations exist as privileges conferred by the state rather than inherent entities.
  • Symbolist or Brackets Theory:
  • Symbolist theory, also known as Brackets Theory, asserts that the rights and duties of a corporation are ultimately the rights and duties of its members.
  • Under this theory, the corporate entity is seen as a "symbol" or "bracket" that represents the collective rights and responsibilities of its members.
  • This theory focuses on the human beings behind the corporate entity rather than treating the corporation itself as a separate individual.

Additional Information

  • Incorrect Options:
  • Option 1: Fiction theory is not referred to as 'Organic Theory'. Organic theory is a separate idea that views corporations as living organisms with their own will, distinct from Fiction theory.
  • Option 2: This option incorrectly excludes Fiction theory supporters (Savigny, Salmond, and Dicey) and mixes unrelated elements, making it incomplete and inaccurate.
  • Option 3: While Fiction and Concession theories are included, the exclusion of Symbolist theory and Fiction theory supporters makes this option partially correct but ultimately insufficient.
  • Organic Theory:
  • Organic theory, often confused with Fiction theory, treats corporations as natural entities with their own will and existence, similar to living organisms.
  • This theory contrasts sharply with Fiction theory, which views corporations as artificial legal constructs.

Question 56

Which of the following are the dates in which India signed and ratified the 1949 Geneva Conventions?

  1. AOption (a)

    Signed on 10th December 1949 and ratified on 13th November, 1950

  2. BOption (b)

    Signed on 15th August 1949 and ratified on 26th January, 1950

  3. COption (c)

    Signed on 16th December 1949 and ratified on 9th November, 1950

  4. DOption (d)

    Signed on 1st January 1949 and ratified on 10th December, 1950

View answer & explanation

Correct answer

Answer: (c)C.

Signed on 16th December 1949 and ratified on 9th November, 1950

Why this answer is correct

The correct answer is 'Signed on 16th December 1949 and ratified on 9th November, 1950'

Key Points

  • India's involvement with the 1949 Geneva Conventions:
  • The Geneva Conventions are a set of international treaties established in 1949 to set standards for humanitarian treatment during war. They are universally recognized as the cornerstone of international humanitarian law.
  • India signed the Geneva Conventions on 16th December 1949 and later ratified them on 9th November 1950, making a formal commitment to adhere to their principles.
  • By signing and ratifying these conventions, India agreed to abide by the laws of armed conflict, including the protection of civilians, prisoners of war, and the wounded during conflicts.
  • The ratification of the Geneva Conventions underscores India's commitment to international humanitarian values and its active role in global peace and conflict resolution efforts.

Additional Information

  • Explanation of why other options are incorrect:
  • Option 1 (Signed on 10th December 1949 and ratified on 13th November 1950): The date of signing, 10th December 1949, is incorrect. India signed the conventions on 16th December 1949.
  • Option 2 (Signed on 15th August 1949 and ratified on 26th January 1950): This option is incorrect as the Geneva Conventions were adopted on 12th August 1949, and India signed them later on 16th December 1949. The ratification date is also inaccurate.
  • Option 4 (Signed on 1st January 1949 and ratified on 10th December 1950): The date of signing, 1st January 1949, is invalid because the conventions were not yet adopted on that date. Furthermore, the ratification date does not match the actual date of 9th November 1950.
  • Significance of the Geneva Conventions for India:
  • The Geneva Conventions have played a crucial role in shaping India's approach to international conflicts, as they provide a legal framework for the protection of human rights during wartime.
  • India, as a signatory, has incorporated principles from the Geneva Conventions into its domestic laws, including provisions in the Indian Armed Forces and humanitarian initiatives during conflicts.

Question 57

Arrange the following provisions related to 'void agreement' in chronological order, as provided under the Indian Contract Act.

(A) Agreement in restraint of marriage

(B) Agreement in restraint of legal proceedings

(C) Agreement in restraint of trade

(D) Agreement without consideration

(E) Agreement which is ambiguous and uncertain

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (a)A.

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

Why this answer is correct

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

Key Points

  • Void Agreements under the Indian Contract Act:
  • The Indian Contract Act, 1872, specifies certain agreements that are considered void from the outset. These agreements are unenforceable in a court of law because they either violate public policy or lack essential elements of a valid contract.
  • Chronological arrangement of the provisions in the Act is important to understand the legislative intent and logical flow of the law.
  • Chronological Order of Provisions:
  • (D) Agreement without consideration: Section 25 of the Indian Contract Act states that an agreement made without consideration is void unless it falls under specific exceptions (e.g., made on account of natural love and affection, is a gift, or is a promise to compensate for a past voluntary service).
  • (A) Agreement in restraint of marriage: Section 26 declares that any agreement in restraint of marriage, except for minors, is void as it opposes public policy.
  • (C) Agreement in restraint of trade: Section 27 makes agreements that restrain a person's lawful trade, profession, or business void, with certain exceptions (e.g., partnership agreements or trade secrets).
  • (B) Agreement in restraint of legal proceedings: Section 28 states that agreements restricting a party's right to enforce their legal rights in ordinary courts or limiting the time to enforce such rights are void.
  • (E) Agreement which is ambiguous and uncertain: Section 29 provides that agreements with terms that are vague, ambiguous, or uncertain, making them incapable of being understood or enforced, are void.

Additional Information

  • Why Other Options Are Incorrect:
  • Option 2 (C, A, B, E, D): This option places "Agreement in restraint of trade" first, which is incorrect as the Act addresses "Agreement without consideration" (Section 25) earlier than the other provisions.
  • Option 3 (B, A, D, C, E): "Agreement in restraint of legal proceedings" is placed first here, which does not align with the actual sequence in the Act.
  • Option 4 (A, C, E, D, B): "Agreement in restraint of marriage" is placed first, which is incorrect as "Agreement without consideration" precedes it in the Act.
  • Purpose of Void Agreements:
  • Void agreements are designed to protect public policy, fairness, and contractual freedom while preventing exploitation or restrictions on personal rights.
  • They ensure that certain foundational principles of contract law, such as free consent, lawful object, and consideration, are upheld.

Question 58

"The Knowledge derified from authoritative books specified in the First Schedule to the Drugs and Cosmetics Act, 1940" means what as per the definition in the Biological Diversity (Amendment) Act, 2023?

  1. AOption (a)

    Traditional Knowledge

  2. BOption (b)

    Sacred Knowledge

  3. COption (c)

    Codified Knowledge

  4. DOption (d)

    Codified Traditional Knowledge

View answer & explanation

Correct answer

Answer: (d)D.

Codified Traditional Knowledge

Why this answer is correct

'Codified Traditional Knowledge'

Key Points

  • Codified Traditional Knowledge:
  • The term refers to knowledge that has been formally documented and is derived from authoritative sources such as books, scriptures, or texts recognized under specific legal frameworks.
  • In the context of the Biological Diversity (Amendment) Act, 2023, it specifically refers to the knowledge derived from authoritative books listed in the First Schedule of the Drugs and Cosmetics Act, 1940.
  • This knowledge is often associated with traditional practices, remedies, and formulations that have been codified for reference, ensuring their authenticity and widespread acceptance.
  • The act recognizes this codified knowledge to regulate its use in the context of biological diversity and ensure fair and equitable sharing of benefits arising from its utilization.

Additional Information

  • Traditional Knowledge:
  • Traditional knowledge generally refers to unwritten cultural practices and wisdom passed down through generations, often orally.
  • It is not necessarily codified or documented in authoritative texts, making it distinct from codified traditional knowledge.
  • This is why the term 'Traditional Knowledge' does not fit the specific definition provided in the Biological Diversity (Amendment) Act, 2023.
  • Sacred Knowledge:
  • Sacred knowledge typically refers to spiritual or religious wisdom considered holy or divine, often confined to specific religious or spiritual traditions.
  • The Biological Diversity (Amendment) Act, 2023 does not specifically address sacred knowledge in the context of codified sources like the First Schedule of the Drugs and Cosmetics Act, 1940.
  • Codified Knowledge:
  • Codified knowledge refers to formally documented information but does not necessarily imply a connection to traditional practices or heritage.
  • While it shares similarities with codified traditional knowledge, the inclusion of 'traditional' is critical in this context as it ties the knowledge to cultural heritage.

Question 59

Arrange the following grounds in chronological order where Hindu wife is entitled to claim. maintenance while living separately from her husband as stated in Hindu Adoption and Maintenance Act, 1956.

(A) If he is guilty of Desertion

(B) If he has any other wife living

(C) If he has ceased to be a Hindu

(D) If he keeps a concubine in the same house

(E) If any other cause justifying her living separately

Choose the correct answer from the options given below:

  1. AOption (a)

    (A), (B), (C), (D), (E) 

  2. BOption (b)

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

  3. COption (c)

    (A), (C), (B), (D), (E) 

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (d)D.

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

Why this answer is correct

The correct answer is 'Arrange the grounds in chronological order where a Hindu wife is entitled to claim maintenance while living separately from her husband as per the Hindu Adoption and Maintenance Act, 1956': (A), (B), (D), (C), (E).

Key Points

  • Hindu Adoption and Maintenance Act, 1956:
  • The Act provides a framework for a Hindu wife to claim maintenance from her husband while living separately on specific legal grounds.
  • Section 18 of the Act outlines the conditions under which a Hindu wife is entitled to live separately from her husband and claim maintenance.
  • The grounds include specific faults or circumstances concerning the husband that justify the wife’s decision to live separately.
  • The chronological order of grounds as per the Act:
  • (A) If he is guilty of desertion (abandoning the wife without reasonable cause).
  • (B) If he has any other wife living (bigamy).
  • (D) If he keeps a concubine in the same house or habitually resides with her elsewhere.
  • (C) If he has ceased to be a Hindu (conversion to another religion).
  • (E) If there is any other cause justifying her living separately (broad and inclusive provision to cover other valid reasons).

Additional Information

  • Explanation of Incorrect Options:
  • Option 1 (A), (B), (C), (D), (E): This arrangement incorrectly places (C) before (D), which does not align with the priority in the Act.
  • Option 2 (A), (D), (B), (C), (E): This sequence incorrectly prioritizes (D) over (B), which is not consistent with the Act's provisions.
  • Option 3 (A), (C), (B), (D), (E): This arrangement places (C) before (B), which is not in chronological order as per the Act.
  • Key Importance of Section 18 in the Act:
  • It ensures that a Hindu wife is protected and has legal recourse if her husband engages in actions that harm her well-being or dignity.
  • The provision reflects the progressive approach of the law to safeguard women’s rights within marriage.

Question 60

Match List - I with List - II.

List - I (IPR Theory)List - II (Proponents/Jurists/Writers)
(A)Personhood Theory(I)John Locke
(B)Natural Right Theory(II)Joseph Schumpeter
(C)Incentive Theory(III)Immanuel Kant
(D)Creative Destruction Theory(IV)William Nordhuas

 

 

 

 

 

 

 

 

 

Choose the correct answer from the options given below:

  1. AOption (a)

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

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

View answer & explanation

Correct answer

Answer: (d)D.

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

Why this answer is correct

The correct answer is 'Personhood Theory (A)-(III), Natural Right Theory (B)-(I), Incentive Theory (C)-(IV), Creative Destruction Theory (D)-(II)'

Key Points

  • Personhood Theory (A)-(III):
  • This theory argues that intellectual property rights (IPR) are an extension of an individual's personality and are connected to their personal autonomy and self-expression.
  • Immanuel Kant, a proponent of this theory, emphasized the intrinsic value of creativity and the moral right of individuals to own the products of their intellect.
  • Under this perspective, intellectual property safeguards the personal identity and dignity of the creator.
  • Natural Right Theory (B)-(I):
  • John Locke proposed the Natural Right Theory, which asserts that individuals have a natural right to own property, including intellectual creations, as a result of their labor.
  • Locke believed that when a person mixes their labor with nature, the outcome becomes their property. This principle is often applied to justify ownership of intellectual and creative works.
  • This theory forms the philosophical foundation for many modern intellectual property laws.
  • Incentive Theory (C)-(IV):
  • The Incentive Theory focuses on the economic rationale for intellectual property protection, emphasizing that granting exclusive rights incentivizes creators and innovators.
  • William Nordhaus contributed to this theory by analyzing the role of intellectual property in encouraging innovation while balancing societal access to creations.
  • This theory suggests that IPR promotes economic development by rewarding creators for their investment of time and resources in innovation.
  • Creative Destruction Theory (D)-(II):
  • Joseph Schumpeter introduced the concept of "creative destruction," which highlights the dynamic process of innovation disrupting existing market structures and creating new opportunities.
  • In the context of IPR, this theory underscores the importance of protecting intellectual property to foster innovation and ensure that creators can benefit from their disruptive ideas.
  • This theory connects intellectual property rights to economic progress and market evolution.

Additional Information

  • Explanation of Incorrect Options:
  • Option 1: Incorrect because it mismatches the proponents with the theories. For example, it incorrectly associates Personhood Theory with John Locke instead of Immanuel Kant.
  • Option 2: Incorrect as it wrongly links Incentive Theory with John Locke and Creative Destruction Theory with William Nordhaus, which is inconsistent with their contributions.
  • Option 3: Incorrect because it associates Personhood Theory with John Locke and Natural Right Theory with William Nordhaus, which does not align with their philosophical or economic contributions.
  • Significance of Intellectual Property Rights (IPR):
  • IPR is essential for encouraging creativity, innovation, and cultural expression. It ensures that creators have legal rights to benefit from their works.
  • Different theories offer varied perspectives on why intellectual property should be protected, ranging from moral rights to economic incentives.
  • Understanding these theories helps in formulating balanced intellectual property laws that promote both individual rights and societal welfare.

Question 61

In Canada which document outlines the division of power between the Federal and Provincial governments?

  1. AOption (a)

    Statute of Westminster, 1931

  2. BOption (b)

    Meech Lake Accord, 1987

  3. COption (c)

    British North America Act, 1867

  4. DOption (d)

    Charter of Rights and Freedoms, 1982

View answer & explanation

Correct answer

Answer: (c)C.

British North America Act, 1867

Why this answer is correct

The correct answer is 'British North America Act, 1867'

Key Points

  • British North America Act, 1867:
  • The British North America Act, 1867, now known as the Constitution Act, 1867, is a foundational document in Canadian constitutional law.
  • It established the Dominion of Canada and outlined the division of powers between the federal government and the provincial governments.
  • Section 91 of the Act specifies the powers of the federal government, while Section 92 outlines the powers of the provincial governments. This division ensures a federal structure of governance in Canada.
  • Key areas under federal jurisdiction include trade, defense, and foreign affairs, while provinces have authority over areas such as education, health, and natural resources.
  • This Act remains a cornerstone of Canadian federalism and continues to guide the relationship between the two levels of government.

Additional Information

  • Statute of Westminster, 1931:
  • This Act granted full legislative independence to the British dominions, including Canada, but it does not pertain to the division of powers within Canada.
  • It is significant for ending British legislative control over Canada, except in cases where Canada chose to retain ties.
  • Meech Lake Accord, 1987:
  • This was an attempt to amend the Canadian Constitution to gain Quebec’s formal agreement to the Constitution Act, 1982.
  • It failed to achieve ratification and did not address the division of powers between federal and provincial governments.
  • Charter of Rights and Freedoms, 1982:
  • Part of the Constitution Act, 1982, the Charter guarantees fundamental rights and freedoms to Canadians.
  • While it is a critical document in Canadian law, it does not deal with the division of powers between federal and provincial governments.

Question 62

Arrange the following provisions of Trade Marks Act, 1999 in its correct order as appearing in the Act pertaining to trademark registration process?

(A) Relative grounds of refusal

(B)Withdrawal of acceptance

(C) Opposition to register

(D) Absolute grounds

(E) Honest concurrent use

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (b)B.

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

Why this answer is correct

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

Key Points

  • Trade Marks Act, 1999:
  • The Trade Marks Act, 1999 governs the process of trademark registration in India, ensuring exclusive rights to the trademark owner and protecting their intellectual property.
  • The Act outlines the procedure for registration, grounds for refusal, and provisions for honest concurrent use, among other aspects.
  • Correct order of provisions related to trademark registration process:
  • (D) Absolute grounds of refusal: This is the first step in the process, where a trademark application is examined based on absolute grounds such as whether the mark is descriptive, generic, or lacks distinctiveness.
  • (A) Relative grounds of refusal: After the absolute grounds, the application is evaluated based on relative grounds, which include potential conflicts with existing trademarks or likelihood of confusion.
  • (E) Honest concurrent use: In cases where two conflicting trademarks have been used honestly and concurrently, the registrar may allow registration of both marks under specific conditions.
  • (B) Withdrawal of acceptance: After initial acceptance, if there are errors or new facts that come to light, the registrar may withdraw the acceptance of the trademark application.
  • (C) Opposition to registration: Once the application is accepted and published, any third party can oppose the registration within the prescribed period, leading to a hearing and decision by the registrar.

Additional Information

  • Option 1: (A), (B), (C), (D), (E):
  • This order incorrectly places 'Relative grounds of refusal' (A) before 'Absolute grounds of refusal' (D), which is against the logical sequence of examining a trademark application.
  • Option 3: (E), (B), (C), (A), (D):
  • This order wrongly places 'Honest concurrent use' (E) at the beginning, which is a provision applicable only after relative and absolute grounds are considered.
  • Option 4: (B), (C), (E), (A), (D):
  • This sequence misplaces 'Withdrawal of acceptance' (B) and 'Opposition to registration' (C), which occur later in the process.

Question 63

Arrange the following grounds for dissolution of marriage in chronological order as stated in Dissolution of Muslim Marriages Act, 1939 ?

(A) Husband has failed to provide for her maintenance for 2 years

(B) Husband has been insane for a period of two years

(C) Husband was impotent at the time of marriage and continues to be so

(D) Husband attempts to force her to lead immoral life

(E) Husband associates with women of evil repute

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

    (A), (D), (E), (C), (B) 

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (b)B.

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

Why this answer is correct

The correct answer is 'Husband has failed to provide for her maintenance for 2 years, Husband was impotent at the time of marriage and continues to be so, Husband has been insane for a period of two years, Husband associates with women of evil repute, Husband attempts to force her to lead immoral life.'

Key Points

  • Overview of the Dissolution of Muslim Marriages Act, 1939:
  • The Dissolution of Muslim Marriages Act, 1939, was enacted to provide Muslim women the right to seek dissolution of their marriage under specific circumstances.
  • This act enumerates several grounds upon which a Muslim wife can file for divorce, ensuring her protection and dignity within the marital relationship.
  • The order of these grounds in the act is critical to understanding their legal precedence as outlined in the legislation.
  • Chronological Order of the Grounds:
  • (A) Husband has failed to provide for her maintenance for 2 years: This is listed first, as financial neglect is a significant ground for dissolution, recognizing the husband's obligation to support his wife.
  • (C) Husband was impotent at the time of marriage and continues to be so: Impotency, as a basis for dissolution, reflects the importance of marital obligations, including consummation.
  • (B) Husband has been insane for a period of two years: Mental incapacity of the husband affecting marital harmony is considered a valid ground for seeking divorce.
  • (E) Husband associates with women of evil repute: This ground addresses moral and societal concerns impacting the wife's dignity and the sanctity of marriage.
  • (D) Husband attempts to force her to lead immoral life: Any attempt to compel the wife into immoral acts is a grave offense and a strong ground for dissolution.

Additional Information

  • Explanation of Incorrect Options:
  • Option 1: The order in this option does not follow the sequence as stated in the Dissolution of Muslim Marriages Act, 1939.
  • Option 3: This option incorrectly places (D) and (E) before critical grounds like maintenance and impotency, which hold higher precedence in the Act.
  • Option 4: This option starts with (D) and (E), which are not the initial grounds listed in the Act, making the sequence incorrect.
  • Purpose of the Act:
  • The act empowers Muslim women by providing them legal recourse for marital grievances.
  • It reflects progressive reform in personal laws, catering to the rights and welfare of women within the framework of Islamic principles.

Question 64

Match List I with List - II.

List I (Act)List - II (Provision on Penalties)
(A)Forest (Conservation) Act, 1980(I)Section 15
(B)Wild life Protection Act, 1972(II)Section 3 A and 3 B
(C)The Environment (Protection) Act, 1986(III)Section 26
(D)NGT Act, 2010(IV)Section 51

 

 

 

 

 

 

 

 

 

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (d)D.

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

Why this answer is correct

The correct answer is 'Option 4: (A)-(II), (B)-(IV), (C)-(I), (D)-(III)'

Key Points

  • Forest (Conservation) Act, 1980:
  • This act primarily aims to conserve forests and regulate deforestation by restricting the use of forest land for non-forest purposes.
  • The penalty provisions for violations under this act are covered under Section 3A and 3B, making (A)-(II) the correct match.
  • Wildlife Protection Act, 1972:
  • This law seeks to protect wildlife, including flora and fauna, and establish protected areas like national parks and sanctuaries.
  • The penalties for contraventions under this act are outlined in Section 51, making (B)-(IV) the correct match.
  • The Environment (Protection) Act, 1986:
  • This act provides a framework for environmental protection in India, empowering the government to take measures to prevent environmental pollution.
  • The penalty provisions are governed by Section 15, making (C)-(I) the correct match.
  • National Green Tribunal (NGT) Act, 2010:
  • The NGT Act was enacted to handle cases related to environmental protection and conservation of forests and other natural resources.
  • The penalties for failing to comply with the orders or directions of the NGT are outlined in Section 26, making (D)-(III) the correct match.

Additional Information

  • Why other options are incorrect:
  • Option 1: Incorrect because it mismatches the Forest (Conservation) Act, 1980 with Section 15, which is actually associated with the Environment (Protection) Act, 1986.
  • Option 2: Incorrect because it mismatches the NGT Act, 2010 with Section 51, which is actually associated with the Wildlife Protection Act, 1972.
  • Option 3: Incorrect because it mismatches the Forest (Conservation) Act, 1980 with Section 15 and the Wildlife Protection Act, 1972 with Section 26.
  • Importance of these Acts:
  • These laws collectively form the backbone of India's legal framework for environmental conservation and protection.
  • They impose stringent penalties for violations, thereby ensuring compliance and safeguarding natural resources.

Question 65

Minimum number of Directors in one person company is/are :

  1. AOption (a)

    1

  2. BOption (b)

    3

  3. COption (c)

    4

  4. DOption (d)

    5

View answer & explanation

Correct answer

Answer: (a)A.

1

Why this answer is correct

The correct answer is 'Minimum number of Directors in One Person Company is 1'

Key Points

  • One Person Company (OPC):
  • An OPC is a company that can be incorporated by a single individual as per the Companies Act, 2013 in India.
  • It is a special structure designed to encourage small entrepreneurs to start their own ventures without the need for multiple partners.
  • Minimum number of Directors:
  • The Companies Act, 2013 mandates that an OPC must have at least one director. This aligns with the concept of the OPC being operated by a single person.
  • However, an OPC can have up to a maximum of 15 directors, subject to compliance with the legal provisions.
  • Flexibility in management:
  • The structure of the OPC is designed to give individuals flexibility and control over their business operations without requiring additional directors.
  • The single director can make decisions quickly without requiring consensus from others, which is advantageous for small-scale businesses.

Additional Information

  • Option 2: Minimum 3 Directors:
  • This requirement applies to a Private Limited Company, not an OPC. A private company must have a minimum of two directors, but three is not the default requirement for any company type.
  • Option 3: Minimum 4 Directors:
  • This is incorrect as no business structure under the Companies Act mandates a minimum of four directors.
  • Option 4: Minimum 5 Directors:
  • This applies to a Public Limited Company. A public company must have at least three directors, not five.

Question 66

Match List - I with List - II.

List - I (Article of the UN Charter)List - II (Purposes of the UN)
(A)Article 1.1(I)To develop friendly relations among nations
(B)Article 1.2(II)To achieve international cooperation in solving international problems
(C)Article 1.3(III)To maintain peace and security
(D)Article 1.4(IV)To be a centre for harmonising the actions of nations in the attainment of common ends

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (a)A.

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

Why this answer is correct

The correct answer is 'Option 1': (A)-(III), (B)-(I), (C)-(II), (D)-(IV)

Key Points

  • Match between List-I (Articles) and List-II (Purposes of the UN):
  • Article 1.1 (A) – (III): To maintain peace and security:
  • Article 1.1 of the UN Charter explicitly states that one of the primary purposes of the United Nations is to maintain international peace and security.
  • This is achieved through collective measures for the prevention and removal of threats to peace and the suppression of acts of aggression.
  • Article 1.2 (B) – (I): To develop friendly relations among nations:
  • Article 1.2 emphasizes the importance of fostering friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples.
  • This purpose aims to create a harmonious international community where nations cooperate peacefully.
  • Article 1.3 (C) – (II): To achieve international cooperation in solving international problems:
  • Article 1.3 focuses on promoting international cooperation to address global challenges, including economic, social, cultural, and humanitarian issues.
  • It also seeks to encourage and strengthen respect for human rights and fundamental freedoms for all, regardless of race, sex, language, or religion.
  • Article 1.4 (D) – (IV): To be a centre for harmonising the actions of nations in the attainment of common ends:
  • Article 1.4 articulates the UN's role as a central platform for coordinating the actions of nations to achieve shared objectives.
  • This reflects the UN's function as a unifying body that brings nations together to address global challenges collectively.

Additional Information

  • Overview of other incorrect options:
  • Option 2: This option incorrectly matches Article 1.1 with (IV) and Article 1.4 with (I), which does not align with the explicit purposes outlined in the UN Charter.
  • Option 3: This option incorrectly matches Article 1.3 with (IV) and Article 1.4 with (II), failing to correctly associate the respective articles with their stated purposes.
  • Option 4: This option incorrectly matches Article 1.1 with (I) and Article 1.2 with (IV), which does not reflect the correct linkage between the articles and their objectives.
  • Importance of the UN Charter:
  • The UN Charter, signed in 1945, serves as the foundational treaty of the United Nations, establishing its purposes, principles, and framework for international cooperation.
  • The purposes outlined in Articles 1.1 to 1.4 reflect the UN's commitment to global peace, security, development, and cooperation.

Question 67

Arrange the following International Conventions/Agreements in the chronological order of their adoption.

(A) Additional Protocols to the Geneva Conventions

(B) International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families

(C) Convention Relating to the Status of Refugees

(D) Agreement establishing World Trade Organisation

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

    (A), (C), (B), (D) 

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (a)A.

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

Why this answer is correct

The correct answer is 'Option 1: (C), (A), (B), (D)'

Key Points

  • Convention Relating to the Status of Refugees (C):
  • This convention was adopted in 1951 and is one of the foundational international treaties concerning the rights of refugees.
  • It defines the term "refugee" and outlines the rights of individuals who are granted asylum, as well as the responsibilities of nations that grant asylum.
  • The 1967 Protocol further expanded its scope by removing geographical and temporal restrictions.
  • Additional Protocols to the Geneva Conventions (A):
  • The Geneva Conventions, which form the core of international humanitarian law, were first adopted in 1949. The Additional Protocols were later introduced in 1977.
  • The two protocols strengthen the protections for victims of international and non-international armed conflicts.
  • They emphasize the importance of protecting civilians and ensuring humane treatment during warfare.
  • International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families (B):
  • This convention was adopted in 1990 by the United Nations General Assembly.
  • It aims to protect the human rights of migrant workers and their families, emphasizing equal treatment and access to justice.
  • Despite its significance, relatively few countries have ratified this convention.
  • Agreement Establishing the World Trade Organization (D):
  • The WTO agreement was signed in 1994 and came into effect on January 1, 1995.
  • It serves as the framework for international trade and trade-related issues, replacing the General Agreement on Tariffs and Trade (GATT).
  • The agreement focuses on reducing trade barriers and ensuring fair competition globally.

Additional Information

  • Option 2 (A, C, B, D):
  • This option incorrectly places the Additional Protocols before the Convention Relating to the Status of Refugees.
  • The Geneva Conventions' Additional Protocols were adopted much later, in 1977, while the Refugee Convention was adopted in 1951.
  • Option 3 (B, C, D, A):
  • This option incorrectly places the Migrant Workers Convention before the Refugee Convention.
  • The Migrant Workers Convention was adopted in 1990, significantly later than the Refugee Convention (1951).
  • Option 4 (D, C, B, A):
  • This option incorrectly places the WTO Agreement before the Refugee Convention.
  • The WTO Agreement was adopted in 1994, whereas the Refugee Convention dates back to 1951.

Question 68

Which kind of encumbrance on property gives a right for the limited use of a piece of land to a person/persons without giving them possession of the land?

  1. AOption (a)

    Securities

  2. BOption (b)

    Lease

  3. COption (c)

    Servitudes

  4. DOption (d)

    Trust

View answer & explanation

Correct answer

Answer: (c)C.

Servitudes

Why this answer is correct

The correct answer is 'Servitudes'

Key Points

  • Servitudes:
  • A servitude is a legal right that allows a person or entity to use a portion of someone else's property for a specific purpose without transferring ownership or possession of the land.
  • Servitudes are commonly categorized as easements or real burdens. Easements grant a right of use or access, such as a right of way, while real burdens impose obligations on the landowner, such as maintaining a structure.
  • This type of encumbrance ensures limited use of the property and does not give the person full control or ownership rights over the land.
  • Servitudes are frequently used in property law to address situations like shared access roads, utility lines crossing private property, or drainage systems.

Additional Information

  • Securities:
  • Securities refer to financial instruments, such as stocks, bonds, or other investments, that hold monetary value. They are unrelated to property use or encumbrance.
  • Securities are primarily used in the context of finance and investments, not property law.
  • Lease:
  • A lease is an agreement where the owner of a property gives possession and use of the property to a tenant for a specified period in exchange for rent.
  • Unlike servitudes, a lease involves transferring possession of the land for a defined duration, making it a different form of property arrangement.
  • Trust:
  • A trust is a legal arrangement where property is held and managed by one party (the trustee) for the benefit of another (the beneficiary).
  • Trusts involve ownership and management of assets, rather than granting limited use rights like servitudes.

Question 69

Which of the following statement is not correct as per Austin on Law and Morality?

(A) Positive Laws are set by political superiors and are proper subject matter of jurisprudence 

(B) Laws by analogy are laws improperly so called

(C) Command, Duty, Sanction and Morality are inseparable

(D) Laws are of two types: laws properly so called and laws improperly so called 

(E) Austin's conception of law takes into account positive law and positive morality

Choose the correct answer from the options given below:

  1. AOption (a)

    (A), (B) Only

  2. BOption (b)

    (B), (C) Only

  3. COption (c)

    (E), (D) Only

  4. DOption (d)

    (C) Only

View answer & explanation

Correct answer

Answer: (d)D.

(C) Only

Why this answer is correct

The correct answer is 'Command, Duty, Sanction and Morality are inseparable'

Key Points

  • Overview of Austin's theory of law:
  • John Austin, a legal positivist, defines law as a command issued by a political superior to political inferiors, backed by sanctions.
  • Law is seen as distinct from morality, emphasizing the separation of "what is" (law) from "what ought to be" (morality).
  • Austin categorizes laws into two types: laws properly so called (positive laws) and laws improperly so called (laws by analogy).
  • Explanation of the correct answer (Option C):
  • Austin explicitly separates law and morality, asserting that they are distinct concepts. While morality may influence the creation of laws, it is not inseparable from legal concepts like command, duty, and sanction.
  • Law, according to Austin, is a matter of political authority and enforceable commands, whereas morality pertains to societal values and ethical norms.
  • Thus, the statement "Command, Duty, Sanction and Morality are inseparable" is incorrect as per Austin’s theory.

Additional Information

  • Analysis of other options:
  • (A) Positive Laws are set by political superiors and are proper subject matter of jurisprudence:
  • This is correct as per Austin's theory. Positive laws are commands issued by a sovereign and are enforceable, making them the subject matter of jurisprudence.
  • (B) Laws by analogy are laws improperly so called:
  • This statement aligns with Austin's classification of laws. Laws improperly so called include customs, moral rules, and other norms that lack the backing of sovereign authority.
  • (D) Laws are of two types: laws properly so called and laws improperly so called:
  • This is correct, as Austin divides laws into these two categories. Laws properly so called refer to sovereign commands, while laws improperly so called include moral and customary rules.
  • (E) Austin's conception of law takes into account positive law and positive morality:
  • This is incorrect. While Austin acknowledges positive morality, his conception of law strictly focuses on positive law, separating it from morality.

Question 70

Which of the following is not a 'fair dealing' under the Copyright Act?

  1. AOption (a)

    Private use

  2. BOption (b)

    Research purpose

  3. COption (c)

    Reporting current affairs

  4. DOption (d)

    Commercial use

View answer & explanation

Correct answer

Answer: (d)D.

Commercial use

Why this answer is correct

The correct answer is 'Commercial use'

Key Points

  • Commercial use:
  • The Copyright Act allows certain exceptions under the concept of 'fair dealing', where copyrighted materials can be used without permission in specific circumstances. However, 'commercial use' does not fall under this category.
  • Commercial use involves using copyrighted material for profit-making purposes, such as selling or distributing it for monetary gain. Such use infringes on the copyright holder's exclusive rights and is not protected under 'fair dealing' provisions.
  • This exception is designed to protect the financial interests of creators and copyright holders, ensuring they retain control over the commercial exploitation of their works.

Brief Overview of Other Options

  • Private use:
  • Private use refers to the use of copyrighted material for personal purposes without sharing it publicly or using it for commercial gain.
  • Such use is considered 'fair dealing' under the Copyright Act as it does not harm the interests of the copyright holder or exploit the work for profit.
  • Research purpose:
  • Using copyrighted material for research or study is a recognized 'fair dealing' exception under the Copyright Act.
  • This provision ensures that researchers and students can access and use copyrighted works to advance knowledge without infringing the copyright.
  • Reporting current affairs:
  • The Copyright Act allows the use of copyrighted material for reporting current affairs, such as news or media coverage, under 'fair dealing' provisions.
  • This exception supports freedom of the press and ensures that important information can be shared with the public without legal barriers.

Additional Information

  • Fair dealing exceptions under the Copyright Act:
  • The concept of 'fair dealing' is designed to strike a balance between protecting the rights of copyright holders and allowing limited use of copyrighted works for socially beneficial purposes.
  • Other common fair dealing exceptions include use for criticism, review, teaching, or parody, subject to specific conditions laid out in the law.
  • These provisions vary across jurisdictions, but the general principle is to allow limited, non-commercial, and socially beneficial use of copyrighted materials.
  • Consequences of infringing copyright:
  • Using copyrighted material for commercial purposes without permission can lead to legal consequences, including fines, penalties, or injunctions.
  • Copyright infringement undermines the economic incentives for creators and publishers, impacting the production of original works.

Question 71

Arrange the following provisions as per the correct order in the Indian Constitution.

(A) Executive Power of State

(B) Term of office of Governor

(C) Appointment of Governor

(D) Qualifications for Appointment as Governor

(E) Governor of State

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (a)A.

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

Why this answer is correct

The correct answer is ‘(E), (A), (C), (B), (D)’

Key Points

  • Introduction to the Provisions:
  • The Indian Constitution lays down a structured framework for the executive branch at the state level, specifying provisions related to the Governor's role, qualifications, appointment, term, and powers.
  • These provisions ensure a systematic and hierarchical order for the functioning of the Governor and the state executive.
  • Correct Order Explained:
  • (E) Governor of State: Article 153 of the Indian Constitution begins by mentioning the office of the Governor, establishing its existence as a constitutional position for every state.
  • (A) Executive Power of State: Article 154 specifies that the executive power of the state is vested in the Governor, who exercises it either directly or through officers subordinate to him.
  • (C) Appointment of Governor: Article 155 provides details on the appointment of the Governor by the President of India, ensuring central oversight in state-level governance.
  • (B) Term of Office of Governor: Article 156 outlines the Governor's term, stating that they hold office for a term of five years but serve at the pleasure of the President.
  • (D) Qualifications for Appointment as Governor: Article 157 lists the qualifications required for a person to be appointed as Governor, such as being a citizen of India and being at least 35 years old.

Additional Information

  • Other Options and Why They are Incorrect:
  • Option 2 (C, D, E, B, A): This sequence incorrectly places the appointment and qualifications of the Governor (C and D) before the mention of the Governor's role (E) and powers (A). The Constitution first establishes the position before detailing its appointment or qualifications.
  • Option 3 (A, B, C, D, E): This sequence starts with the executive powers (A) before even mentioning the Governor's position (E), which is logically inconsistent with the structure of the Constitution.
  • Option 4 (E, C, D, A, B): While this order begins correctly with the Governor’s position (E), it places the qualifications (D) before the powers (A) and the term of office (B), which does not align with the Constitution's systematic arrangement.
  • Purpose of This Structure:
  • The Indian Constitution follows a logical flow in organizing provisions to ensure clarity and coherence in the governance framework.
  • By establishing the Governor's position first, followed by powers, appointment, term, and qualifications, the Constitution maintains a hierarchical and functional order.

Question 72

Which of the following statements are correct in the context of rule laid down in the case of Rylands v/s Fletcher ?

(A) Some dangerous thing must have been brought by a person on his land

(B) The thing brought or kept by a person on his land must not escape

(C) It must not be non-natural use of land

(D) The thing brought or kept by a person on his land must escape

(E) It must be non-natural use of land

Choose the correct answer from the options given below:

  1. AOption (a)

    (E), (A), (B) Only

  2. BOption (b)

    (B), (C), (A) Only

  3. COption (c)

    (D), (B), (C) Only

  4. DOption (d)

    (A), (D), (E) Only

View answer & explanation

Correct answer

Answer: (d)D.

(A), (D), (E) Only

Why this answer is correct

The correct answer is '(A), (D), (E) Only'

Key Points

  • Rule laid down in Rylands v. Fletcher:
  • The case of Rylands v. Fletcher established the principle of strict liability, which holds a person liable for damage caused by the escape of a dangerous thing they brought onto their land, even if they were not negligent.
  • The principle is applicable when certain conditions are met, as described below:
  • Explanation of the correct statements:
  • (A) Some dangerous thing must have been brought by a person on his land: This is a foundational requirement for the rule. The dangerous thing must be introduced by the defendant onto their land.
  • (D) The thing brought or kept by a person on his land must escape: The liability arises when the dangerous thing escapes from the defendant's land and causes damage to others. Escape is a key element of the rule.
  • (E) It must be non-natural use of land: The rule applies only if the land is used in a manner that is considered non-natural (e.g., storing hazardous materials). Natural uses of land, such as growing crops, do not attract liability under this rule.

Additional Information

  • Why other options are incorrect:
  • (B) The thing brought or kept by a person on his land must not escape: This statement is incorrect because the rule of strict liability specifically applies when the dangerous thing escapes and causes harm. If the thing does not escape, liability under Rylands v. Fletcher does not arise.
  • (C) It must not be non-natural use of land: This statement contradicts the principle of the rule. Liability arises when there is a non-natural use of land, not the absence of it.
  • Option 2 and Option 3: Both these options include incorrect statements, such as (B) and (C), and therefore do not accurately reflect the rule laid down in Rylands v. Fletcher.
  • Additional insights on Rylands v. Fletcher:
  • The principle of strict liability is a landmark in tort law and is widely applied in cases involving hazardous activities.
  • Exceptions to the rule include acts of God, the plaintiff's consent, and third-party actions where the defendant had no control.
  • Modern developments have evolved the rule into the broader principle of absolute liability in certain jurisdictions, especially when dealing with environmental and industrial hazards.

Question 73

Which of the following analysis is NOT true for 5th Cent. BC Greek play of Antigone by Sophocles?

(A) Antigone followed and supported natural law over legal positivism, that is, right to bury

(B) Duties towards family v/s State

(C) An early and undeveloped site of civil disobedience

(D) Irrationality of women's arbitrary subjectivity v/s male state expressed through the duty to formal law

(E) Antigone was excused by State on humanitarian basis

Choose the correct answer from the options given below:

  1. AOption (a)

    (E) Only

  2. BOption (b)

    (B), (C) Only

  3. COption (c)

    (C), (E) Only

  4. DOption (d)

    (A), (D) Only

View answer & explanation

Correct answer

Answer: (a)A.

(E) Only

Why this answer is correct

The correct answer is 'Antigone was excused by State on humanitarian basis'

Key Points

  • Overview of Antigone:
  • Antigone is a tragedy by the ancient Greek playwright Sophocles, written in the 5th century BC.
  • The play revolves around Antigone's defiance of King Creon's decree against burying her brother Polynices, who was deemed a traitor.
  • The central themes include the conflict between natural law and human law, family loyalty versus state authority, and individual moral conscience versus political power.
  • Analysis of the Options:
  • (A) Antigone followed and supported natural law over legal positivism, that is, right to bury:
  • This is true. Antigone's actions represent the supremacy of natural law (moral and divine law) over Creon's legal positivism (state law), as she believed it was her moral duty to bury her brother despite the king's edict.
  • (B) Duties towards family v/s State:
  • This is true. The play highlights the tension between familial obligations (Antigone's duty to her brother) and allegiance to the state (Creon's authority as king).
  • (C) An early and undeveloped site of civil disobedience:
  • This is true. Antigone's defiance of Creon's law can be interpreted as an early example of civil disobedience, where an individual challenges unjust state laws based on higher moral principles.
  • (D) Irrationality of women's arbitrary subjectivity v/s male state expressed through the duty to formal law:
  • This is true. The play portrays a patriarchal society where Creon's authority (representing the male-dominated state) clashes with Antigone's defiance, which is often dismissed as emotional or irrational because of her gender.
  • (E) Antigone was excused by State on humanitarian basis:
  • This is NOT true. Antigone was not excused by the state on humanitarian grounds. Instead, she faced severe consequences for her actions, as Creon sentenced her to death despite her moral reasoning, leading to a tragic chain of events.

Additional Information

  • Philosophical and Political Insights from Antigone:
  • Philosophers like Hegel and modern theorists have extensively analyzed Antigone as a text that explores the conflict between individual conscience and state power.
  • The play also delves into gender dynamics, questioning societal perceptions of women's roles in politics and morality.
  • Relevance to Civil Disobedience:
  • Antigone is often cited in discussions about civil disobedience, as her actions embody resistance against unjust laws, a concept later explored by thinkers like Henry David Thoreau and Martin Luther King Jr.
  • Tragic Outcomes:
  • The play ends in tragedy, with the deaths of Antigone, Creon's son Haemon, and his wife Eurydice, emphasizing the catastrophic consequences of rigid adherence to authority without consideration for moral and humanitarian values.

Question 74

Arrange the following fundamental duties in the order as mentioned under Article 51A of Indian Constitution.

(A) To value and preserve the rich heritage of our composite culture

(B) To cherish and follow the noble ideals which inspired our national struggle for freedom

(C) To safeguard public property and to abjure violence

(D) To develop the scientific temper, humanism and spirit of inquiry and reform

(E) To uphold and protect the sovereignty, unity and integrity of India

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (b)B.

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

Why this answer is correct

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

Key Points

  • Fundamental Duties under Article 51A of the Indian Constitution:
  • Fundamental Duties are enshrined under Article 51A of the Indian Constitution, introduced by the 42nd Amendment Act, 1976, based on the recommendations of the Swaran Singh Committee.
  • These duties are non-justiciable, meaning they are not legally enforceable in a court of law but serve as moral obligations for every citizen of India to promote a spirit of patriotism and uphold the unity of the nation.
  • As per the Constitution, there are 11 Fundamental Duties listed under Article 51A.
  • The Order of the Fundamental Duties Mentioned in the Question:
  • (B) To cherish and follow the noble ideals which inspired our national struggle for freedom.
  • (E) To uphold and protect the sovereignty, unity, and integrity of India.
  • (A) To value and preserve the rich heritage of our composite culture.
  • (D) To develop the scientific temper, humanism, and the spirit of inquiry and reform.
  • (C) To safeguard public property and to abjure violence.
  • This is the correct sequence in which these duties are mentioned under Article 51A.

Additional Information

  • Explanation of Incorrect Options:
  • Option 1: (C), (D), (B), (E), (A) — This sequence places the duty to safeguard public property and develop scientific temper before the noble ideals of the national struggle for freedom, which is incorrect as per the Constitution.
  • Option 3: (A), (B), (C), (E), (D) — This sequence starts with valuing heritage instead of cherishing the noble ideals, which is also incorrect.
  • Option 4: (B), (E), (C), (A), (D) — While it starts with cherishing noble ideals and upholding sovereignty, the placement of safeguarding public property before valuing heritage is incorrect.
  • Significance of Fundamental Duties:
  • They remind citizens of their responsibilities towards the nation and society.
  • They promote a sense of discipline and commitment among citizens to uphold constitutional values.

Question 75

Which of the following state is NOT included in Part XXI: Temporary, Transitional and Special Provisions, of the India Constitution?

  1. AOption (a)

    Nagaland

  2. BOption (b)

    Assam

  3. COption (c)

    Telangana 

  4. DOption (d)

    Haryana

View answer & explanation

Correct answer

Answer: (d)D.

Haryana

Why this answer is correct

The correct answer is 'Haryana'

Key Points

  • Part XXI of the Indian Constitution:
  • Part XXI of the Indian Constitution deals with "Temporary, Transitional, and Special Provisions" (Articles 369 to 392).
  • This part was introduced to address specific challenges and special conditions in some states and regions, such as socio-political or geographical issues.
  • States like Nagaland, Assam, and Telangana have special provisions under Part XXI to safeguard their unique cultural, social, and economic characteristics.
  • Haryana:
  • Haryana is not included in Part XXI of the Indian Constitution, as it does not have any special provisions under this part.
  • Haryana became a separate state on November 1, 1966, but its conditions did not require special or transitional provisions as defined in Part XXI.
  • States with special provisions under Part XXI:
  • Nagaland: Article 371A provides special provisions for Nagaland, ensuring protection of its religious and social practices, customary laws, and ownership of land and resources.
  • Assam: Article 371B provides provisions for the establishment of a committee of the Assam Legislative Assembly for tribal areas, ensuring representation and protection of tribal interests.
  • Telangana: Article 371D and 371E were introduced to address administrative and educational concerns in the newly formed state of Telangana after its bifurcation from Andhra Pradesh in 2014.

Additional Information

  • Purpose of Part XXI:
  • Part XXI was incorporated to ensure flexibility in governance by providing special provisions to states or regions that face unique challenges or require special attention due to historical, geographical, or socio-political reasons.
  • This part has helped maintain India's unity and integrity while respecting its diversity.
  • Other examples of states with special provisions:
  • Maharashtra and Gujarat: Article 371 provides special provisions for these states concerning the development of certain areas.
  • Jammu and Kashmir: Earlier governed by Article 370, which granted it special autonomy, this provision was abrogated in August 2019.

Question 76

Which of the following are consequences of Breach of Contract?

(A) Damages in ordinary course

(B) Remote damages and ordinary damages

(C) If stipulation by way of penalty is given in contract, then penalty is a consequence

(D) In quantifying damages, the inconvenience of non performance has to be considered

Choose the correct answer from the options given below:

  1. AOption (a)

    (A), (B), (C) Only

  2. BOption (b)

    (A), (C), (D) Only

  3. COption (c)

    (D), (B), (C) Only 

  4. DOption (d)

    (B), (C), (D) Only

View answer & explanation

Correct answer

Answer: (b)B.

(A), (C), (D) Only

Why this answer is correct

The correct answer is 'Damages in ordinary course, stipulation by way of penalty, and inconvenience of non-performance are consequences of breach of contract (A), (C), (D) only.'

Key Points

  • Breach of Contract:
  • A breach of contract occurs when one party fails to fulfill their obligations as stipulated in the agreement.
  • Consequences of breach are primarily governed by the principles of contract law and aim to compensate the aggrieved party.
  • Explanation of correct consequences:
  • (A) Damages in ordinary course: When a breach occurs, the injured party is entitled to compensation for losses that arise naturally in the usual course of events.
  • (C) If stipulation by way of penalty is given in contract, then penalty is a consequence: If the contract specifies a penalty for non-performance, the party in breach may be liable to pay this penalty as a consequence.
  • (D) In quantifying damages, the inconvenience of non-performance has to be considered: Courts may take into account the inconvenience and hardship caused to the non-breaching party while determining damages.

Additional Information

  • Why other options are incorrect:
  • (B) Remote damages and ordinary damages: Remote damages are not typically recoverable under contract law. The law only allows compensation for losses that are foreseeable or naturally arising from the breach.
  • (D), (B), (C) only: This option incorrectly includes (B), which refers to remote damages, making it an incorrect choice.
  • Important principles related to breach of contract:
  • Damages must be reasonable, and the injured party has a duty to mitigate their losses.
  • Liquidated damages (pre-agreed amounts in a contract) are enforceable if they are a genuine pre-estimate of loss but not if they constitute a penalty.

Question 77

Which of the following sections do not deal with internet/cyber/computer crime?

(A) Section 50A of Indian Copyright Act

(B) Section 354 D of IPC

(C) Section 111 of Bharatiya Nyaya Sanhita

(D) Section 66F of Information Technology Act

(E) Section 11A of Patent Act

Choose the correct answer from the options given below:

  1. AOption (a)

    (C) and (E) Only

  2. BOption (b)

    (A) and (B) Only

  3. COption (c)

    (C) and (D) ​Only

  4. DOption (d)

    (A) and (E) Only

View answer & explanation

Correct answer

Answer: (d)D.

(A) and (E) Only

Why this answer is correct

The correct answer is 'Section 50A of Indian Copyright Act and Section 11A of Patent Act.'

Key Points

  • Explanation of the Correct Answer:
  • Section 50A of Indian Copyright Act: This section deals with the protection of copyright and related rights. It does not specifically address cyber or internet crimes but rather focuses on intellectual property rights in the offline and online domains.
  • Section 11A of Patent Act: This section pertains to patent-related matters, such as publication of applications and requests for examination. It is not related to internet, cyber, or computer crimes.
  • Both these sections are excluded from dealing with cybercrimes, making them the correct answer to this question.

Additional Information

  • Overview of Other Options:
  • Section 354D of IPC: This section deals with stalking, which includes cyberstalking. It addresses cybercrimes where individuals use electronic means to harass or follow someone online.
  • Section 66F of Information Technology Act: This section pertains to cyber terrorism, which is a serious offense involving the use of computers or the internet to disrupt critical systems or threaten national security.
  • Section 111 of Bharatiya Nyaya Sanhita: While this is a new provision under the restructured criminal code, it may address cyber or computer-related offenses depending on its specific text. It is not excluded from the domain of cybercrime.
  • These sections are directly related to cyber or internet crimes, making them incorrect choices for the question.

Question 78

Arrange the following in the order of sections in which they appear in the Lieber code.

(A) Martial Law

(B) Public and Private property of the enemy

(C) Deserters

(D) Partisans

(E) Spies

Choose the correct answer from the options given below :

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (a)A.

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

Why this answer is correct

The correct answer is 'Martial Law, Public and Private property of the enemy, Deserters, Partisans, Spies'.

Key Points

  • Introduction to the Lieber Code:
  • The Lieber Code, also known as General Order No. 100, was a document that provided instructions for the conduct of Union soldiers during the American Civil War.
  • It was drafted by Francis Lieber and issued by President Abraham Lincoln in 1863. It is considered a pioneering document in the field of the laws of war.
  • The code was divided into sections, each dealing with specific topics such as martial law, treatment of civilians, prisoners of war, and other wartime conduct.
  • Correct Order of Sections in the Lieber Code:
  • (A) Martial Law: This section outlines the principles and rules governing the imposition of martial law, its scope, and its application during war.
  • (B) Public and Private Property of the Enemy: This section deals with how soldiers should treat the property of the enemy, distinguishing between public and private assets.
  • (C) Deserters: This section addresses the issue of soldiers who abandon their posts or switch sides, including how to handle such individuals.
  • (D) Partisans: This section discusses irregular fighters and their treatment under the laws of war.
  • (E) Spies: This section outlines the rules for identifying and dealing with spies during wartime.

Additional Information

  • Explanation of Incorrect Options:
  • Option 2 (B, C, D, E, A): This order incorrectly places "Public and Private Property of the Enemy" first and "Martial Law" last, which does not align with the structure of the Lieber Code.
  • Option 3 (C, D, E, A, B): This order begins with "Deserters" and ends with "Public and Private Property of the Enemy," which is not the correct sequence in the Lieber Code.
  • Option 4 (D, E, A, B, C): This order starts with "Partisans" and "Spies," incorrectly prioritizing these sections over "Martial Law."
  • Significance of the Lieber Code:
  • The Lieber Code was groundbreaking because it formalized the rules of military conduct and influenced subsequent international humanitarian law, including the Hague and Geneva Conventions.
  • It emphasized the humane treatment of prisoners, the protection of civilians, and the distinction between combatants and non-combatants.

Question 79

Match List - I with List - II.

List - I (Provisions)List - II (Article)
(A)Provision for early childhood care and education to children below the age of 6 years(I)Article 46
(B)Promotion of educational and economic interests of SC, ST and other weaker sections(II)Article 21 A
(C)State shall provide free and compulsory education to all children of the age of 6-14 years(III)Article 45
(D)Special provision for the advancement of any economically weaker sections of citizens(IV)Article 15

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (a)A.

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

Why this answer is correct

The correct answer is 'Provision for early childhood care and education to children below the age of 6 years.'

Key Points

  • List - I and List - II Mapping:
  • (A) Provision for early childhood care and education to children below the age of 6 years is mentioned under Article 45 of the Indian Constitution. This article directs the State to provide free and compulsory education for children up to the age of 14 years and also includes the care and education of children below 6 years.
  • (B) Promotion of educational and economic interests of SC, ST, and other weaker sections is covered under Article 46. This article ensures that the State promotes the interests of socially and economically disadvantaged groups.
  • (C) The State shall provide free and compulsory education to all children aged 6-14 years under Article 21A, introduced by the 86th Constitutional Amendment Act, 2002.
  • (D) Special provision for the advancement of economically weaker sections of citizens is included in Article 15, which allows affirmative action for disadvantaged groups.

Additional Information

  • Incorrect Options:
  • Option 2: This option mismatches the provisions with the respective articles. For example, it incorrectly associates early childhood education with Article 46 instead of Article 45.
  • Option 3: This option incorrectly links economically weaker sections with Article 46 rather than Article 15.
  • Option 4: This option confuses the mapping of free education with Article 15 instead of Article 21A.
  • Constitutional Background:
  • The Constitution of India aims to provide equality and justice through various provisions, including those for education and socio-economic upliftment.
  • The articles mentioned above reflect the government's commitment to promoting inclusive growth and ensuring fundamental rights and directives are upheld.
  • Significance of the Articles:
  • Article 45 emphasizes early childhood care as a stepping stone for a child's development and future education.
  • Article 21A makes education a fundamental right, ensuring universal access for children aged 6-14 years.
  • Article 46 and Article 15 focus on uplifting marginalized sections, ensuring equity in opportunities.

Question 80

Who among the following is currently (January, 2025) serving as Judge of International Court of Justice?

  1. AOption (a)

    D. Y Chandrachud

  2. BOption (b)

    Ruchira Kamboj

  3. COption (c)

    Dalveer Bhandari

  4. DOption (d)

    Harish Salve

View answer & explanation

Correct answer

Answer: (c)C.

Dalveer Bhandari

Why this answer is correct

The correct answer is 'Dalveer Bhandari'

Key Points

  • Dalveer Bhandari:
  • Dalveer Bhandari, an eminent Indian jurist, has been serving as a Judge of the International Court of Justice (ICJ) since 2012.
  • He was re-elected to the ICJ in 2017 after a closely contested election, reflecting global recognition of his expertise and India's growing stature in international diplomacy.
  • The International Court of Justice is the principal judicial organ of the United Nations, and its judges are elected by the United Nations General Assembly and the Security Council.
  • Dalveer Bhandari's contributions to the ICJ include rulings and opinions on cases involving complex issues such as territorial disputes, maritime boundaries, and human rights.

Additional Information

  • Overview of Incorrect Options:
  • D. Y. Chandrachud: D. Y. Chandrachud is the Chief Justice of India (as of January 2025) and is not associated with the International Court of Justice. His role is confined to the Indian judiciary, where he has made significant contributions to constitutional law and judicial reforms.
  • Ruchira Kamboj: Ruchira Kamboj is an Indian diplomat and has served as India's Permanent Representative to the United Nations. She is not a judge and has no connection to the ICJ.
  • Harish Salve: Harish Salve is a renowned Indian lawyer and senior advocate who has represented India in several high-profile international cases, including those at the ICJ. However, he is not a judge of the ICJ.
  • About the International Court of Justice (ICJ):
  • The ICJ is headquartered in The Hague, Netherlands, and is one of the six principal organs of the United Nations.
  • It settles disputes between states and gives advisory opinions on international legal issues referred to it by the UN.
  • The ICJ consists of 15 judges elected for a nine-year term, with no two judges being from the same country.

Question 81

What all items are included in the definition of biological resources according to the Biological Diversity Amendment Act, 2023?

(A) Plants and Animals

(B) Microorganisms or parts of their genetic material

(C) Human genetic material

(D) Plants, animals, microorganism or part of the derivatives including their value added products

Choose the correct answer from the options given below:

  1. AOption (a)

    (A) and (C) Only

  2. BOption (b)

    (B) and (C) Only

  3. COption (c)

    (A) and (B) Only

  4. DOption (d)

    (B) and (D) Only

View answer & explanation

Correct answer

Answer: (c)C.

(A) and (B) Only

Why this answer is correct

The correct answer is 'Plants and Animals, and Microorganisms or parts of their genetic material.'

Key Points

  • Definition of Biological Resources:
  • The Biological Diversity Amendment Act, 2023 refines the definition of biological resources to encompass plants, animals, microorganisms, or parts of these, including genetic material.
  • It explicitly excludes human genetic material from the definition of biological resources to address ethical concerns and ensure compliance with international standards.
  • This updated definition aims to safeguard biodiversity while promoting sustainable use and equitable sharing of benefits arising from biological resources.
  • Correct Answer Explanation:
  • The inclusion of plants, animals, and microorganisms (or their genetic material) reflects the broad scope of biological diversity covered under the Act.
  • This definition aligns with global frameworks like the Convention on Biological Diversity (CBD), ensuring consistency in biodiversity conservation efforts.

Additional Information

  • Incorrect Options:
  • (A) and (C) Only:
  • This option incorrectly includes human genetic material under the definition of biological resources, which is explicitly excluded in the Act.
  • (B) and (C) Only:
  • This option incorrectly focuses on microorganisms and human genetic material, omitting plants and animals, which are integral to the definition of biological resources.
  • (B) and (D) Only:
  • Option D mentions derivatives and value-added products, which are not part of the definition provided by the Biological Diversity Amendment Act, 2023.
  • Importance of Updated Definition:
  • The amended definition aims to clarify ambiguities, ensuring better legal and regulatory frameworks for biodiversity protection.
  • It reinforces India's commitment to sustainable development and equitable benefit-sharing arising from the use of biological resources.

Question 82

Match List - I with List - II.

List - IList - II
(A)Vicarious Liability(I)State Bank of India v/s Shyama Devi
(B)Absolute Liability(II)Rylands v/s Fletcher
(C)Strict Liability(III)Peninsular and Oriental Steam Navigation Company v/s Secretary of State for India
(D)Vicarious Liability of the State(IV)M.C. Mehta v/s Union of India

 

 

 

 

 

 

 

 

 

 

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (c)C.

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

Why this answer is correct

The correct answer is '3) (A)-(I), (B)-(IV), (C)-(II), (D)-(III)'

Key Points

  • (A) Vicarious Liability - (I) State Bank of India v/s Shyama Devi:
  • Vicarious liability arises when one party is held responsible for the actions of another due to their relationship.
  • In State Bank of India v/s Shyama Devi, the principle of vicarious liability was applied to hold an employer (State Bank of India) liable for the wrongful actions of its employee.
  • (B) Absolute Liability - (IV) M.C. Mehta v/s Union of India:
  • Absolute liability is a stricter form of liability where a person or entity is held responsible without exceptions or defenses, particularly for hazardous activities.
  • The landmark case of M.C. Mehta v/s Union of India introduced the principle of absolute liability in India for industries engaged in inherently dangerous activities, holding them strictly liable for any harm caused, irrespective of fault.
  • (C) Strict Liability - (II) Rylands v/s Fletcher:
  • Strict liability holds a person responsible for damages caused by their actions, even if there was no negligence or intent to harm.
  • The principle originated in Rylands v/s Fletcher, where a landowner was held liable for damages caused by the escape of a dangerous substance (water from a reservoir) from their property.
  • (D) Vicarious Liability of the State - (III) Peninsular and Oriental Steam Navigation Company v/s Secretary of State for India:
  • The vicarious liability of the state refers to the principle that the state can be held liable for wrongful acts committed by its employees in the course of their employment.
  • In Peninsular and Oriental Steam Navigation Company v/s Secretary of State for India, the court held the state vicariously liable for acts committed by its servants in certain situations, particularly when functioning in a non-sovereign capacity.

Additional Information

  • Explanation of Incorrect Options:
  • Option 1: (A)-(I), (B)-(II), (C)-(III), (D)-(IV): This matches absolute liability with Rylands v/s Fletcher, which is incorrect because absolute liability is a stricter form of strict liability and was established in M.C. Mehta v/s Union of India.
  • Option 2: (A)-(IV), (B)-(III), (C)-(II), (D)-(I): This confuses the cases for vicarious liability and absolute liability, misplacing their associations.
  • Option 4: (A)-(IV), (B)-(I), (C)-(III), (D)-(II): This incorrectly matches vicarious liability with M.C. Mehta and strict liability with Peninsular and Oriental Steam Navigation Company.
  • Significance of these Principles:
  • These legal principles play a crucial role in ensuring accountability and justice in civil law by defining liability for harm caused by specific actions or relationships.
  • The development of these doctrines in case law has significantly influenced both Indian and international jurisprudence.

Question 83

The case of Vardhaman Kaushik v/s Union of India decided in 2014-15 is considered unique in the context of resolving the menace of air pollution in Delhi because :

(A) The National Green Tribunal rejected the petition for want of locus standi for the petitioner

(B) The National Green Tribunal adopted the pragmatic "consultative and deliberated" approach in this case

(C) The National Green Tribunal rejected the petition for want of jurisdiction in the matter

(D) The National Green Tribunal permitted the burning of crop remnant in agricultural fields falling in NCR Delhi

Choose the correct answer from the options given below:

  1. AOption (a)

    (D) Only

  2. BOption (b)

    (C) Only

  3. COption (c)

    (B) Only

  4. DOption (d)

    (A) Only

View answer & explanation

Correct answer

Answer: (c)C.

(B) Only

Why this answer is correct

The correct answer is 'The National Green Tribunal adopted the pragmatic "consultative and deliberated" approach in this case.'

Key Points

  • Vardhaman Kaushik v/s Union of India case overview:
  • This case focused on addressing the growing menace of air pollution in Delhi and the surrounding National Capital Region (NCR).
  • The petitioner approached the National Green Tribunal (NGT) seeking intervention to combat deteriorating air quality caused by vehicular emissions, construction dust, crop residue burning, and other factors.
  • The NGT took a proactive stance to address the issue, reflecting its commitment to environmental protection.
  • Unique approach adopted by NGT:
  • The tribunal adopted a "consultative and deliberated" approach, involving various stakeholders such as government agencies, pollution control boards, and experts.
  • Instead of merely passing directives, the NGT emphasized collaboration and implementation of practical solutions.
  • For instance, the tribunal directed measures like restricting vehicular emissions, controlling dust from construction activities, and implementing long-term plans for pollution control.
  • This approach was pragmatic as it aimed to ensure compliance and effective resolution of the issue rather than focusing solely on punitive measures.

Additional Information

  • Explanation of incorrect options:
  • (A) The NGT rejected the petition for want of locus standi for the petitioner: This is incorrect because the tribunal did not reject the petition on this basis. In fact, the NGT actively engaged with the petition, recognizing the seriousness of air pollution in the region.
  • (C) The NGT rejected the petition for want of jurisdiction in the matter: This is incorrect as the NGT has jurisdiction over cases related to environmental issues and exercised its powers effectively in this case.
  • (D) The NGT permitted the burning of crop remnant in agricultural fields falling in NCR Delhi: This is incorrect because the tribunal took steps to curb practices like crop residue burning, which contribute significantly to air pollution in the region.
  • Importance of the case:
  • The case underscored the role of the NGT in addressing environmental challenges using a balanced and pragmatic approach.
  • It highlighted the need for multi-stakeholder efforts and long-term planning to resolve complex environmental issues like air pollution.

Question 84

The limitation of the doctrine of constructive notice is known as which of the following? 

  1. AOption (a)

    Doctrine of indoor management

  2. BOption (b)

    Lifting the corporate veil

  3. COption (c)

    Oppression and mismanagement 

  4. DOption (d)

    Doctrine of ultra vires

View answer & explanation

Correct answer

Answer: (a)A.

Doctrine of indoor management

Why this answer is correct

The correct answer is 'Doctrine of indoor management'

Key Points

  • Doctrine of indoor management:
  • The doctrine of indoor management is an important principle in corporate law that acts as an exception to the doctrine of constructive notice.
  • The doctrine of constructive notice states that individuals dealing with a company are presumed to have knowledge of the company's public documents, such as its memorandum and articles of association.
  • However, the doctrine of indoor management protects outsiders (e.g., creditors, investors) dealing with the company by allowing them to assume that internal company procedures have been properly followed, even if they are not aware of the internal workings.
  • This principle ensures that third parties are not unfairly disadvantaged due to irregularities or non-compliance within the company’s internal processes.
  • The doctrine of indoor management safeguards innocent third parties and promotes trust in corporate dealings by mitigating the limitations of the doctrine of constructive notice.

Additional Information

  • Other options and why they are incorrect:
  • Lifting the corporate veil:
  • Lifting the corporate veil refers to disregarding the separate legal entity of a corporation to hold its shareholders or directors personally liable for the company's actions or debts.
  • It is unrelated to the doctrine of constructive notice or indoor management.
  • Oppression and mismanagement:
  • This concept is concerned with protecting minority shareholders from unfair treatment by majority shareholders or mismanagement by company directors.
  • It does not address the limitations of the doctrine of constructive notice or provide protection to third parties dealing with the company.
  • Doctrine of ultra vires:
  • This doctrine applies to acts performed by a company that are beyond the scope of its powers as defined in its memorandum of association.
  • It is a distinct legal concept and does not directly relate to the issue of constructive notice or indoor management.

Question 85

In which of the following case it was held that "an agreement by a minor is void" ?

  1. AOption (a)

    Damodara Mudaliar v/s Secretary of State for India

  2. BOption (b)

    Mohori Bibee v/s Dharmodas Ghose

  3. COption (c)

    Dharmodas Ghose v/s Brahmo Dutt

  4. DOption (d)

    Damodardass v/s R. Badrilal

View answer & explanation

Correct answer

Answer: (b)B.

Mohori Bibee v/s Dharmodas Ghose

Why this answer is correct

The correct answer is 'Mohori Bibee v/s Dharmodas Ghose.'

Key Points

  • Mohori Bibee v/s Dharmodas Ghose (1903):
  • This landmark case established the principle that "an agreement by a minor is void ab initio" (void from the beginning) under Indian law.
  • The case involved a minor, Dharmodas Ghose, who took a loan while he was still a minor and later denied repayment on the grounds of his minority status.
  • The Privy Council held that since a minor is not competent to contract under Section 11 of the Indian Contract Act, 1872, any agreement entered into by a minor is void and unenforceable.
  • This case continues to be a fundamental precedent in Indian contract law and ensures the protection of minors from exploitation in contractual arrangements.

Additional Information

  • Other Options Explained:
  • Damodara Mudaliar v/s Secretary of State for India: This case dealt with issues related to property law and the rights of individuals against the state, not with contracts involving minors.
  • Dharmodas Ghose v/s Brahmo Dutt: This case is often confused with the Mohori Bibee case, but it does not involve the same legal principle or the Privy Council's decision regarding the void nature of agreements by minors.
  • Damodardass v/s R. Badrilal: This case is unrelated to the principle of minors' incapacity to contract and involves different legal issues.
  • Importance of the Decision:
  • The ruling in Mohori Bibee v/s Dharmodas Ghose is a cornerstone of contract law in India, safeguarding minors from legal and financial exploitation.
  • It highlights the protective intent of Section 11 of the Indian Contract Act, 1872, ensuring that minors are not bound by legal agreements they cannot fully understand.

Question 86

"Implied conditions as to quality or fitness of goods" is given under which section of the Sale of Goods Act, 1930 ?

  1. AOption (a)

    Section 14

  2. BOption (b)

    Section 15

  3. COption (c)

    Section 16

  4. DOption (d)

    Section 17

View answer & explanation

Correct answer

Answer: (c)C.

Section 16

Why this answer is correct

The correct answer is 'Section 16 of the Sale of Goods Act, 1930'

Key Points

  • Implied conditions as to quality or fitness of goods (Section 16):
  • Under Section 16 of the Sale of Goods Act, 1930, there is an implied condition regarding the quality or fitness of goods for a particular purpose when the buyer relies on the seller's skill or judgment.
  • This section ensures that goods sold are of merchantable quality and fit for the purpose for which the buyer intends to use them, provided such purpose is made known to the seller.
  • However, the implied condition does not apply if the buyer examines the goods and the defect is apparent or if the buyer purchases goods under their own expertise without relying on the seller.
  • The provision protects buyers, especially when goods are purchased based on trust in the seller's knowledge or expertise.

Additional Information

  • Explanation of other sections:
  • Section 14: This section deals with the implied undertaking by the seller that they have the right to sell the goods and that the buyer shall enjoy quiet possession of the goods. It primarily focuses on the title of the goods and does not cover quality or fitness.
  • Section 15: It deals with the sale of goods by description. According to this section, when goods are sold based on a description, the goods must correspond with the description. It does not specifically address quality or fitness.
  • Section 17: This section pertains to sales by sample. It establishes an implied condition that the bulk of the goods must correspond with the sample provided and must be free from defects. It is distinct from quality or fitness under Section 16.
  • Importance of Section 16:
  • Section 16 is crucial for protecting consumer rights by ensuring that the buyer receives goods that meet their intended purpose and are of acceptable quality.
  • It emphasizes the seller's responsibility to deliver goods that meet the buyer's expectations based on their reliance on the seller's expertise.

Question 87

Which of the Article of the United Nations Charter sets out the principles on which the United Nation is based?

  1. AOption (a)

    Article 1

  2. BOption (b)

    Article 2

  3. COption (c)

    Article 52

  4. DOption (d)

    Article 10

View answer & explanation

Correct answer

Answer: (b)B.

Article 2

Why this answer is correct

The correct answer is 'Article 2 of the United Nations Charter'

Key Points

  • Article 2 of the United Nations Charter:
  • Article 2 outlines the fundamental principles on which the United Nations (UN) is based, ensuring the organization’s purpose and functioning are rooted in international law and cooperation.
  • It emphasizes sovereignty, equality among member states, peaceful resolution of disputes, and the prohibition of the use of force, except in cases of self-defense or Security Council authorization.
  • These principles are vital for maintaining international peace and security, one of the primary goals of the UN.
  • The article also mandates that all members must fulfill their obligations under the Charter in good faith, ensuring accountability and adherence to its principles.

Additional Information

  • Overview of other options:
  • Article 1:
  • Article 1 defines the purposes of the United Nations, including maintaining international peace and security, fostering friendly relations among nations, and promoting social progress and human rights.
  • While this article is foundational, it does not specifically outline the principles on which the UN operates.
  • Article 52:
  • Article 52 pertains to regional arrangements and their role in maintaining international peace and security, emphasizing cooperation between the UN and regional organizations.
  • It is not related to the principles underpinning the UN as a whole.
  • Article 10:
  • Article 10 discusses the functions and powers of the General Assembly, allowing it to make recommendations on issues within the scope of the UN Charter.
  • This article is procedural and does not establish the foundational principles of the UN.

Question 88

What is the official language of International Court of Justice (ICJ)?

  1. AOption (a)

    English only

  2. BOption (b)

    French only

  3. COption (c)

    Both Spanish and English 

  4. DOption (d)

    Both French and English

View answer & explanation

Correct answer

Answer: (d)D.

Both French and English

Why this answer is correct

The correct answer is 'Both French and English'.

Key Points

  • Languages of the International Court of Justice (ICJ):
  • The International Court of Justice (ICJ) is the principal judicial organ of the United Nations.
  • The ICJ has two official languages: French and English.
  • This bilingual system ensures that the court’s proceedings and judgments are accessible to member states of the United Nations, which have diverse linguistic backgrounds.
  • Parties involved in cases before the ICJ can choose to use either English or French during proceedings. If parties use different languages, the court ensures translation and interpretation to maintain clarity and fairness.

Additional Information

  • Other options explained:
  • English only: English is one of the official languages of the ICJ, but it is not the sole language. French also holds equal status, making this option incorrect.
  • French only: While French is an official language of the ICJ, it is not the sole language. English is equally recognized, so this option is incorrect.
  • Both Spanish and English: Spanish is not an official language of the ICJ. Although it is one of the official languages of the United Nations, the ICJ specifically uses only French and English, making this option incorrect.
  • Significance of bilingualism in the ICJ:
  • The use of both French and English reflects the historical and diplomatic importance of these languages in international law and relations.
  • Bilingual proceedings ensure inclusivity and accessibility for a broader range of countries and legal traditions.

Question 89

Match List - I with List - II. 

List - I (Case Law)List - II (Theme)
(A)Birma v/s State of Rajasthan(I)Safeguard interest of working women
(B)NHRC v/s State of Arunachal Pradesh(II)Enforcement of rights under International Conventions
(C)Vishaka v/s State of Rajsthan(III)Employment of Children in Construction Work
(D)People's Union for Democratic Rights v/s Union of India(IV)Rights of refugee

 

 

 

 

 

 

 

 

 

 

 

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (b)B.

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

Why this answer is correct

The correct answer is 'NHRC v/s State of Arunachal Pradesh - Rights of Refugee (IV), Vishaka v/s State of Rajasthan - Safeguard interest of working women (I), People's Union for Democratic Rights v/s Union of India - Employment of Children in Construction Work (III), Birma v/s State of Rajasthan - Enforcement of rights under International Conventions (II)'.

Key Points

  • NHRC v/s State of Arunachal Pradesh:
  • This case is related to the rights of refugees, specifically the Chakma-Hajong refugees in Arunachal Pradesh.
  • The National Human Rights Commission (NHRC) intervened to ensure that refugees were not forcibly expelled and their rights were protected under Article 21 of the Indian Constitution.
  • The Supreme Court reinforced that even non-citizens have the right to life and liberty under Article 21.
  • Vishaka v/s State of Rajasthan:
  • This landmark case set the foundation for safeguarding the interests of working women by addressing sexual harassment in the workplace.
  • The Supreme Court laid down the Vishaka Guidelines, which mandated preventive measures for sexual harassment until specific legislation was passed (later incorporated into the POSH Act, 2013).
  • The judgment was based on international conventions such as CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women).
  • People's Union for Democratic Rights v/s Union of India:
  • This case highlighted the issue of employing children in construction work, which is a violation of labor laws and fundamental rights under Articles 23 and 24 of the Constitution.
  • The Supreme Court emphasized the prohibition of forced labor and child labor, ensuring that laws protecting workers' rights were enforced.
  • Birma v/s State of Rajasthan:
  • This case emphasized the enforcement of rights under international conventions, particularly those related to human rights.
  • It showcased the judiciary's role in interpreting domestic laws in harmony with international obligations, ensuring compliance with global standards.

Additional Information

  • Incorrect Options:
  • Option 1: Incorrect as the themes do not align with the respective case laws. For example, Birma v/s State of Rajasthan does not relate to safeguarding working women's interests.
  • Option 3: Incorrect as it incorrectly matches Vishaka v/s State of Rajasthan with Rights of Refugees, which is unrelated to the case's theme.
  • Option 4: Incorrect as it mismatches People's Union for Democratic Rights v/s Union of India with safeguarding working women instead of employment of children in construction work.
  • Significance of Case Law:
  • Each case law demonstrates the judiciary's proactive role in addressing human rights violations and ensuring compliance with constitutional and international standards.
  • These judgments have had a lasting impact on policy-making and legal reforms in India.

Question 90

Which of the following does not truly describe the nature of administrative law?

(A) The main thrust of administrative law is on the study of procedure by which the official action is reached

(B) Administrative law deals with relationship of individuals with the organised power

(C) Administrative law does not include control mechanism against arbitrariness

(D) Administrative law seldom address reconciliation of power with liberty

Choose the correct answer from the options given below:

  1. AOption (a)

    (A) and (B) Only

  2. BOption (b)

    (A) and (C) ​Only

  3. COption (c)

    (C) and (D) Only

  4. DOption (d)

    (B) and (C) Only

View answer & explanation

Correct answer

Answer: (c)C.

(C) and (D) Only

Why this answer is correct

The correct answer is 'Administrative law does not include control mechanism against arbitrariness and Administrative law seldom addresses reconciliation of power with liberty' (C) and (D) Only.

Key Points

  • Overview of Administrative Law:
  • Administrative law is a branch of public law that governs the activities of administrative agencies of government.
  • It focuses on the procedures and rules through which public administration operates, ensuring adherence to the principles of natural justice and preventing misuse of power.
  • It also deals with the relationship between individuals and the organized power of the government, acting as a control mechanism to curb arbitrariness.
  • Why (C) and (D) are correct:
  • (C): The statement that "Administrative law does not include control mechanism against arbitrariness" is incorrect because a fundamental purpose of administrative law is to ensure checks and balances on government powers and prevent arbitrary or unjust decisions. Hence, this does not truly describe the nature of administrative law.
  • (D): The assertion that "Administrative law seldom addresses reconciliation of power with liberty" is also incorrect. Administrative law actively works to reconcile governmental power with the liberty of individuals by ensuring accountability and fairness in decision-making processes.
  • Both these statements fail to accurately describe the primary objectives of administrative law, which include preventing misuse of power, ensuring fairness, and protecting individual rights.

Additional Information

  • Why other options are incorrect:
  • (A): "The main thrust of administrative law is on the study of procedure by which the official action is reached" is a correct description. Administrative law focuses heavily on procedural aspects, including fairness, transparency, and adherence to rules in administrative actions.
  • (B): "Administrative law deals with the relationship of individuals with the organized power" is also a correct description. It governs how individuals interact with government authorities, ensuring that the balance of power and individual rights are maintained.
  • Since (A) and (B) accurately describe administrative law, they are not part of the correct answer.
  • Purpose of Administrative Law:
  • To regulate the powers of administrative authorities and ensure they are exercised within legal bounds.
  • To protect individuals from abuse or misuse of power by the government and its agencies.
  • To ensure that administrative decisions are fair, transparent, and accountable, and conform to principles of natural justice.

Read the following passage and answer the questions below:

Under copyright laws of different jurisdictions world-over, software is considered a literary work, written down, recorded or otherwise reduced to mathematical form, and entails protection. Copyright protects the expression (form) of an idea and not the idea itself. It also cannot be used to protect the procedure, process, system, method of operation, concept, principle or discovery. Copyright law is not supposed to create monopolies. Copyright subsists in original works that are capable of being reproduced from a fixed medium. It is granted for movies, musical compositions, paintings and for many other creative expressions. Article 10(1) of the Agreement on Trade Related Intellectual Property Rights (TRIPS) provides copyright protection to computer programmes. The copyright is a bundle of rights, which entitles the owner of the copyright to take action against its violation. It is, thus, a negative right that enables the author to prevent any other person from dealing with the copyrighted material. Copyright subsists in a computer programme provided sufficient effort or skill has been expended to give it a new and original character. But a computer programme which only produces the multiplication tables or the alphabets, cannot lay claim to copyright protection, because the amount of skill or efforts to bring our such a work is too trivial to term it new and of original character.

Question 91

Where does Copyright subsist in?

  1. AOption (a)

    Copyright subsists in original works incapable of being reproduced

  2. BOption (b)

    Copyright subsists in non-original works capable of being reproduced 

  3. COption (c)

    Copyright subsist in original works capable of being reproduced

  4. DOption (d)

    Copyright subsists in all works irrespective of their capacity to be reproduced

View answer & explanation

Correct answer

Answer: (c)C.

Copyright subsist in original works capable of being reproduced

Why this answer is correct

The correct answer is: Option 3) Copyright subsists in original works capable of being reproduced.

Key Points

  • Copyright is a legal right granted to the creators of original works, such as literary, artistic, or musical works, which allows them to control the reproduction, distribution, and public display of their creations.
  • Original works are those that are created with a degree of creativity and originality, as opposed to works that merely copy from others.
  • Copyright protection applies to works that are capable of being reproduced, meaning the work can be fixed in a tangible medium (e.g., written, recorded, or otherwise represented in a physical or digital format).
  • Originality is a key requirement for copyright protection. The work must be the result of the creator's own effort and creativity.
  • Reproducibility: The work must be capable of being reproduced, whether digitally, in print, or in another fixed format, for copyright protection to apply.

Additional InformationCopyright does not protect ideas, methods, or systems. It only protects the expression of ideas (e.g., the specific wording of a book or the arrangement of a musical composition), not the underlying concept.

Question 92

Can copyright subsist in a computer programme?

  1. AOption (a)

    No, since computer programmes are only readable by machines

  2. BOption (b)

    No, since all computer programmes have nothing original about it

  3. COption (c)

    Yes, since all computer programmes are works of art

  4. DOption (d)

    Yes, of sufficient efforts or skill has been expended to give it a new and original character

View answer & explanation

Correct answer

Answer: (d)D.

Yes, of sufficient efforts or skill has been expended to give it a new and original character

Why this answer is correct

The correct answer is: Option 4) Yes, if sufficient efforts or skill have been expended to give it a new and original character.

Key Points

  • Copyright protection applies to computer programs under international agreements like the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights).
  • For a computer program to be eligible for copyright protection, it must exhibit a degree of originality. This means the program must have been created with sufficient effort and skill, making it a new and original work.
  • Originality in the context of computer programs refers to the creativity involved in coding and the unique way the program is structured or written. It does not matter if the program is readable by machines; what matters is the level of creativity involved in its development.

Computer programs are considered literary works under copyright law, meaning they are protected as written expressions, much like novels or scripts.

Originality is the primary factor for copyright protection. Even though computer programs serve functional purposes, the code, algorithms, and structure can be original and thus eligible for protection.

Additional InformationThe fact that computer programs are executed by machines does not negate their eligibility for copyright. What matters is the programming effort involved in creating the software, rather than the machine's ability to read or execute it.

Copyright does not protect the idea behind the program or the functionality but protects the actual expression of the code.

Question 93

Which provision of the Agreement on Trade Related Intellectual Property Rights provides copy right protection to computer programmes ?

  1. AOption (a)

    Article 1(1)

  2. BOption (b)

    Article 2(10)

  3. COption (c)

    Article 10(1) 

  4. DOption (d)

    Article 10(10)

View answer & explanation

Correct answer

Answer: (c)C.

Article 10(1) 

Why this answer is correct

The correct answer is: Option 3) Article 10(1)

Key Points

  • Article 10(1) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides specific copyright protection to computer programs.
  • This provision recognizes computer programs as literary works, which are eligible for copyright protection under the TRIPS Agreement.
  • The inclusion of computer programs under copyright protection ensures that software developers' rights are safeguarded internationally, allowing them to control the use and reproduction of their original code.

TRIPS aims to standardize the protection of intellectual property rights across member countries to promote fair competition and innovation.

Computer programs are considered literary works under the copyright law, and Article 10(1) extends the same protections to them as are granted to other forms of literary works.

Additional Information

  • The provision ensures that software and programming code are protected, making it illegal to copy or distribute software without the permission of the copyright holder.
  • This protection applies to both original and modified software code, as long as it meets the originality criteria.

Question 94

How do copyright laws of different jurisdictions consider software?

  1. AOption (a)

    It is considered a literary work

  2. BOption (b)

    It is considered an artistic work

  3. COption (c)

    It is considered a non-copyrightable work

  4. DOption (d)

    It is considered a monopoly work

View answer & explanation

Correct answer

Answer: (a)A.

It is considered a literary work

Why this answer is correct

<br>

The correct answer is: Option 1) It is considered a literary work.

Key Points

  • Copyright laws of different jurisdictions typically classify software as a literary work. This classification applies because software consists of code (written language) and is an expression of ideas in a tangible medium.
  • Just like novels, poems, and articles, computer programs are protected as literary works under copyright law because they involve the written expression of ideas.
  • This recognition ensures that programmers and software developers can exercise control over their creations, such as preventing unauthorized copying or distribution.

Software is not classified as an artistic work because it is not primarily visual or aesthetic in nature.

Copyright law does not consider software as a non-copyrightable work. It is eligible for protection as long as it meets originality requirements.

Software is not considered a monopoly work under copyright laws. While copyright grants the creator exclusive rights, it is not intended to create a monopoly but rather to protect intellectual property rights.

Additional InformationThe TRIPS Agreement and national copyright laws across different jurisdictions, including the U.S. and EU, classify computer programs as literary works to protect the rights of the creators in a global digital environment.

Question 95

Can a computer programme be granted copyright if it produces only the multiplication tables?

  1. AOption (a)

    Yes, because a multiplication table is a work of art

  2. BOption (b)

    Yes, because there is creatively involved in it

  3. COption (c)

    No, because the skill or effort to bring out such works is too trivial to term it new and of original character

  4. DOption (d)

    No, because it is just a discovery and not an invention

View answer & explanation

Correct answer

Answer: (c)C.

No, because the skill or effort to bring out such works is too trivial to term it new and of original character

Why this answer is correct

The correct answer is:Option 3) No, because the skill or effort to bring out such works is too trivial to term it new and of original character.

Key Points

  • For a computer program to be granted copyright protection, it must exhibit a certain degree of originality and creativity. A program that simply produces multiplication tables, which is a standard, factual process, does not involve the level of creativity or effort required to make it eligible for copyright protection.
  • Copyright does not protect ideas, facts, or methods. Since multiplication tables are a fundamental, mathematical concept that is well-established, producing them through a program is not considered an original or creative expression in a way that would qualify for copyright.
  • Originality is the key requirement for copyright protection. In this case, the multiplication tables are not considered original works since they are based on basic, well-known arithmetic.
  • The level of creativity needed to produce such a program is seen as insufficient for copyright protection, as the effort involved is too trivial.

Additional Information

  • Copyright protects the expression of an idea (such as the specific code used to create a program), but not the idea itself. In this case, the idea (multiplication tables) is not original enough to be protected.
  • For copyright protection, the program must involve some degree of novelty or creative coding. Simple algorithms or functions that produce basic, factual results (like multiplication tables) generally do not meet this threshold.

Read the following passage and answer the questions below:

Besides providing for a functional government and consequential growth in the administrative process, the Constitution has also provided for an elaborate control mechanism so that the water may not overrun its banks. Under Articles 32 and 226, the Supreme Court and the various High Courts have been invested with powers to issue writs of certiorari, mandamus, quo warranto, prohibition and habeas corpus to check the excesses of the government and the administrative agencies. Article 300 gives a right to individuals to file a suit against the government for torts committed by its servants. Article 311 protects government servants from arbitrary actions of the government in the matters of dismissal, termination and reduction in rank. In the same manner, Article 136 confers power on the Supreme Court to grant special leave to appeal from any judgement, decree, determination, sentence or order passed or made by any court or tribunal in India. Article 227 further invests the High Courts with the power of superintendence over all courts and tribunals within their jurisdiction. All legislative actions of the administration have been expressly brought by the Constitution within the purview of Article 13 by defining "law" as including "order", "bye-law", "rule" and "notification", etc. having the force of law.

Question 96

Which of the following authority is vested with the power of superintendence over tribunals?

  1. AOption (a)

    Administrative agencies

  2. BOption (b)

    Government agencies

  3. COption (c)

    High Court

  4. DOption (d)

    Supreme Court

View answer & explanation

Correct answer

Answer: (c)C.

High Court

Why this answer is correct

The correct answer is: Option 3) High Court

Key Points

  • Article 227 of the Indian Constitution vests the power of superintendence over all courts and tribunals within its jurisdiction in the High Courts.
  • This means that the High Courts have the authority to oversee the functioning of lower courts and tribunals, ensuring they follow the law and proper procedures.
  • The High Court has the power to supervise and issue directions to subordinate courts and tribunals.
  • Supreme Court has a broader role of adjudicating on legal matters but does not have direct superintendence over all tribunals under Article 227, which specifically gives this power to the High Court.

Additional Information

  • The High Court's power of superintendence ensures that tribunals operate within the framework of law and adhere to judicial standards.

Question 97

What is the relevance of control mechanism under Constitution?

  1. AOption (a)

    To enable the administrative agency to exercise unfettered authority

  2. BOption (b)

    To check the excess of administrative actions

  3. COption (c)

    To make the Supreme Court and High Court more powerful

  4. DOption (d)

    To enable the people and government servants to absolutely control administrative agencies

View answer & explanation

Correct answer

Answer: (b)B.

To check the excess of administrative actions

Why this answer is correct

The correct answer is: Option 2) To check the excess of administrative actions

Key Points

  • The control mechanism under the Indian Constitution is designed to ensure that the government and its administrative agencies do not overstep their bounds or exercise excessive authority.
  • Various provisions, such as the writs under Articles 32 and 226, the power of superintendence by the High Courts under Article 227, and the right to sue the government under Article 300, work to check and balance administrative actions. These mechanisms are aimed at preventing abuse of power and ensuring that administrative actions comply with the law and principles of justice.
  • The control mechanism is primarily a safeguard for individuals and society against arbitrary actions by the government and its officials.
  • It provides judicial recourse for the public and ensures that administrative agencies operate within the legal framework set by the Constitution.

Additional Information

  • The Constitution provides these checks to prevent the concentration of power and protect individual rights and democratic governance.
  • This system of checks and balances ensures that administrative agencies do not act beyond their legal authority.

Question 98

What was the reason for growth of administrative process?

  1. AOption (a)

    Constitution did codify administrative process

  2. BOption (b)

    Constitution conferred power on Supreme Court alone to grant special leave to appeal

  3. COption (c)

    Constitution provided for a functional government

  4. DOption (d)

    Constitution provided no control mechanism against arbitrary action of administrative agency

View answer & explanation

Correct answer

Answer: (c)C.

Constitution provided for a functional government

Why this answer is correct

The correct answer is:Option 3) Constitution provided for a functional government

Key Points

  • The growth of the administrative process in India can be attributed to the fact that the Constitution provided for a functional government.
  • The Constitution created a framework where administrative bodies and agencies play an essential role in the execution and implementation of laws, policies, and decisions. This led to the development of a comprehensive administrative process to support the functioning of the government in various sectors, such as law enforcement, regulation, and public services.
  • A functional government requires administrative agencies to manage day-to-day governance and public administration effectively.
  • The Constitution's provision for a strong administrative framework led to the expansion of the administrative process to ensure that laws and policies are properly enforced.

Additional Information

  • The administrative process encompasses decision-making, regulatory frameworks, and enforcement mechanisms to ensure that the government functions smoothly and efficiently across various levels. The Constitution laid the foundation for this process, ensuring the government's ability to function effectively and address public needs.

Question 99

Which of the following Articles in the Constitution provide mechanism to check the excess of administrative and government agencies ?

  1. AOption (a)

    Article 32 and 226

  2. BOption (b)

    Article 300, 311 and 227

  3. COption (c)

    Article 13 and 136

  4. DOption (d)

    Article 13 and 32

View answer & explanation

Correct answer

Answer: (a)A.

Article 32 and 226

Why this answer is correct

The correct answer is: Option 1) Article 32 and 226

Key Points

  • Article 32 of the Indian Constitution provides the right to constitutional remedies, which allows individuals to approach the Supreme Court directly for the enforcement of fundamental rights and for checking the excesses of the administrative and government agencies through various writs (such as mandamus, certiorari, prohibition, quo warranto, and habeas corpus).
  • Article 226 empowers the High Courts to issue writs for the enforcement of fundamental rights as well as for any other purpose, to check the actions of administrative agencies and the government, ensuring that they act within the law and do not exceed their powers.
  • These writ jurisdiction provisions are fundamental tools to check the excesses of government actions and administrative bodies, providing judicial review and accountability.

Additional Information

  • Articles 300, 311, 227, 136, and 13 also deal with other aspects of government function and control but are not primarily focused on providing direct remedies to individuals for checking administrative excesses like Articles 32 and 226.

Question 100

How all legislative actions of the administration were brought under the purview of Article 13?

  1. AOption (a)

    By conferring on the Supreme Court power to grant special leave to appeal

  2. BOption (b)

    By defining law in a narrow perspective under Article 13

  3. COption (c)

    By vesting power to issue writs on Supreme Court and High Court

  4. DOption (d)

    By giving a wide definition of law under Article 13

View answer & explanation

Correct answer

Answer: (d)D.

By giving a wide definition of law under Article 13

Why this answer is correct

The correct answer is: Option 4) By giving a wide definition of law under Article 13

Key Points

  • Article 13 of the Indian Constitution defines "law" in a broad sense to include not only statutes enacted by the legislature but also any order, bye-law, rule, or notification that has the force of law.
  • This wide definition of law brings all legislative actions, including rules, notifications, orders, and bye-laws, within the purview of Article 13, ensuring they are subject to judicial review.
  • Any law or legislative action that violates the Fundamental Rights guaranteed by the Constitution can be declared void under Article 13.
  • The broad definition of law ensures that not only formal legislation but also administrative orders, rules, and notifications that have the effect of law are subject to scrutiny and are not inconsistent with Fundamental Rights.

Additional Information

  • Article 13 is essential in ensuring that all government actions adhere to constitutional principles and that laws do not infringe upon the Fundamental Rights of citizens. This is a critical safeguard against arbitrary legislative actions.

100 questions in the full paper