Previous Year Paper

UGC NET Paper 2: Law 30th August 2024 Shift 2 (Previous Year Paper)

Held in 2024

100 questions120 minutes
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Question 1

Transfer of property between buyer and seller is explained in chapter III of Sale of Goods Act, 1930.

Arrange the following provisions in the sequence of their appearance in the Act.

A. Property in goods passes when they are ascertained

B. Property in goods passes when the buyer and seller intend it to pass

C. In case of specified goods in deliverable state, property in goods passes when contract is made

D. Risk prima facie passes with property

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, C, D

  2. BOption (b)

    A, C, B, D

  3. COption (c)

    D, B, C, A

  4. DOption (d)

    B. A, C, D

View answer & explanation

Correct answer

Answer: (a)A.

A, B, C, D

Why this answer is correct

The correct answer is Option 1.

Key Points

Option 1) A, B, C, D

The sequence of provisions in Chapter III of the Sale of Goods Act, 1930 is as follows:

  1. Property in goods passes when they are ascertained (Section 18): It emphasizes that the goods must be identified and ascertained for the property to pass.
  2. Property in goods passes when the buyer and seller intend it to pass (Section 19): This sets the general principle that property in goods passes as per the intention of the parties.
  3. In case of specified goods in a deliverable state, property in goods passes when the contract is made (Section 20): This provision applies specifically to certain scenarios involving specified goods.
  4. Risk prima facie passes with property (Section 26): This highlights the principle that risk in goods typically transfers to the buyer when the property is transferred.

Question 2

Which of the following statements are correct according to National Green Tribunal Act, 2010.

A. It repealed National Environment Tribunal Act, 1995

B. It repealed National Environment Appellate Authorities Act, 1997

C. The Act does mention about judicial pronouncements construing right to healthy environment as a part of right to life under Art. 21 of the Constitution

D. The Act does not define environment

Choose the correct answer from the options given below:

  1. AOption (a)

    B, C and D only

  2. BOption (b)

     A, B and D only

  3. COption (c)

    A, B and C only

  4. DOption (d)

    A, C and D only

View answer & explanation

Correct answer

Answer: (c)C.

A, B and C only

Why this answer is correct

The correct answer is 3.

Key Points

  • Repeal of National Environment Tribunal Act, 1995
  • The National Green Tribunal Act, 2010 repealed the National Environment Tribunal Act, 1995. Hence statement A is correct.
  • Repeal of National Environment Appellate Authorities Act, 1997
  • The National Green Tribunal Act, 2010 also repealed the National Environment Appellate Authorities Act, 1997. Hence statement B is correct.
  • Right to Healthy Environment under Article 21
  • The Act mentions judicial pronouncements construing the right to a healthy environment as part of the right to life under Article 21 of the Constitution. Hence statement C is correct.
  • Definition of Environment
  • The National Green Tribunal Act, 2010 does define the term "environment". Hence statement D is incorrect.

Additional Information

  • The National Green Tribunal (NGT) was established for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.
  • The Tribunal is mandated to make disposal of applications or appeals finally within six months of the filing of the same.
  • The Tribunal's orders are binding and it has the power to enforce its decisions like a civil court.

Question 3

Arrange the following reasonable restrictions provided for Freedom of Speech and Expression in Article 19 (2) of the Constitution in their chronological order:

A. Contempt of court

B. Incitement to an offence

C. Public order

D. Security of the State

E. Friendly relations with Foreign States

Choose the correct answer from the options given below:

  1. AOption (a)

    A, E, B, C, D

  2. BOption (b)

    D, E, C, A, B

  3. COption (c)

    D, A, B, C, E

  4. DOption (d)

    D, C, B, E, A

View answer & explanation

Correct answer

Answer: (b)B.

D, E, C, A, B

Why this answer is correct

The correct answer is Option 2.

Key Points

Chronological Order of Reasonable Restrictions under Article 19(2) of the Constitution:

  • Article 19(2) of the Indian Constitution allows the State to impose reasonable restrictions on the exercise of the right to freedom of speech and expression, in the interests of the following:

D. Security of the State:

This restriction is aimed at preventing any speech or expression that could endanger the security of the state.

E. Friendly relations with Foreign States:

This restriction is intended to prevent any speech that could harm India's relations with other countries.

C. Public order:

This restriction is imposed to maintain public order and prevent any speech that could incite violence or cause disruption.

A. Contempt of court:

This restriction aims to prevent any speech that could undermine the authority or integrity of the judiciary.

B. Incitement to an offence:

This restriction is intended to prevent any speech that could incite people to commit criminal activities.

Conclusion:

  • The correct chronological order of the restrictions under Article 19(2) is:
  • D. Security of the State
  • E. Friendly relations with Foreign States
  • C. Public order
  • A. Contempt of court
  • B. Incitement to an offence

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

Question 4

Which of the following judicial decisions are related to Environment Impact Assessment and Environmental Clearance?

A. Sterile Industries (India) Ltd v. Union of India

B. Balram Singh v. U. O. I

C. Deepak Kumal v. State of Haryana and ors.

D. Orissa Mining Corporation Ltd. v. MOEF

Choose the correct answer from the options given below:

  1. AOption (a)

    A, C and D only

  2. BOption (b)

    A, B, D only

  3. COption (c)

    A, B and C only

  4. DOption (d)

    B, C and D only

View answer & explanation

Correct answer

Answer: (a)A.

A, C and D only

Why this answer is correct

The correct answer is 1) A, C and D only.

Key PointsJudicial decisions related to Environment Impact Assessment and Environmental Clearance

  • Sterile Industries (India) Ltd v. Union of India
  • This case deals with environmental clearances and the impact of industrial activities on the environment. The judgement emphasized the need for proper environmental impact assessments before granting clearances. Hence, statement A is correct.
  • Balram Singh v. U. O. I
  • This case does not directly deal with environmental impact assessments or environmental clearances but with other environmental regulations. Hence, statement B is incorrect.
  • Deepak Kumal v. State of Haryana and ors.
  • This case is concerned with illegal mining activities and their environmental impact. It highlighted the importance of environmental clearances and proper assessment of environmental impacts before commencing such activities. Hence, statement C is correct.
  • Orissa Mining Corporation Ltd. v. MOEF
  • This case involves the denial of environmental clearance to a mining project due to its potential adverse impact on the environment. It stresses the importance of environmental impact assessments in the clearance process. Hence, statement D is correct.

Additional Information

  • Environmental Impact Assessment
  • Environmental Impact Assessment (EIA) is a process used to evaluate the environmental consequences of proposed projects or developments before they are carried out.
  • It ensures that decision-makers consider environmental impacts before deciding whether to proceed with new projects.
  • Environmental Clearance
  • Environmental Clearance is a mandatory requirement for certain types of projects to ensure they comply with environmental regulations and standards.
  • It involves the assessment of the potential impact of a project on the environment and the implementation of measures to mitigate adverse effects.

Question 5

Independent Director may be paid remuneration by way of :-

A. Sitting fees

B. Stock option

C. Profit related commission approved by board members

D. Share in fixed asset of company

Choose the correct answer from the options given below:

  1. AOption (a)

    A, C only

  2. BOption (b)

    B, D only

  3. COption (c)

    C, D only

  4. DOption (d)

    A, B only

View answer & explanation

Correct answer

Answer: (a)A.

A, C only

Why this answer is correct

The correct answer is option 1

Key Points

  • Sitting Fees
  • Independent Directors are entitled to receive sitting fees for attending meetings of the board or committees. This is a common practice to compensate them for their time and effort. Hence statement A is correct.
  • Stock Option
  • Independent Directors may be granted stock options as a part of their remuneration. However, the Companies Act or relevant regulations does not  have specific provisions or restrictions regarding this. Hence statement B is incorrect.
  • Profit related commission approved by board members
  • Independent Directors can also receive a profit-related commission, provided it is approved by the board members. This is another form of incentive for their contribution to the company's success. Hence statement C is correct.
  • Share in fixed asset of company
  • Independent Directors are not entitled to receive any share in the fixed assets of the company as part of their remuneration. This is not a common or legal practice. Hence statement D is incorrect.

Therefore, the correct answer is option 1, which states that Independent Directors may be paid remuneration by way of Sitting fees and Profit related commission approved by board members.

Additional Information

  • It is important to note that the remuneration of Independent Directors is subject to the provisions of the Companies Act and relevant regulatory guidelines. These provisions ensure that the remuneration is fair and justifiable, considering the role and responsibilities of Independent Directors.
  • Remuneration policies for Independent Directors are often reviewed and approved by the company's Nomination and Remuneration Committee to ensure compliance with legal and regulatory standards.

Question 6

Which of the following is not correct about Savigny:

  1. AOption (a)

    Savigny was against Natural Law

  2. BOption (b)

    Volksgeist theory of Savigny made it impossible for a Comparative study of law

  3. COption (c)

    Savigny did not recognize legislation as a potent source of law

  4. DOption (d)

    Savigny was in favour of codification of law

View answer & explanation

Correct answer

Answer: (d)D.

Savigny was in favour of codification of law

Why this answer is correct

The correct answer is 'Savigny was in favour of codification of law'

Key Points

  1. Savigny was against Natural Law:
  • Correct. Savigny opposed the abstract principles of Natural Law, as he believed they lacked connection with the historical and cultural context of a society.
  1. Volksgeist theory of Savigny made it impossible for a Comparative study of law:
  • Correct. Savigny’s theory of Volksgeist (the spirit of the people) emphasized that laws are specific to the cultural and historical context of each society, making cross-cultural legal comparisons challenging.
  1. Savigny did not recognize legislation as a potent source of law:
  • Correct. Savigny viewed customary law and judicial precedents, which evolved organically from the Volksgeist, as superior to legislation imposed externally.
  1. Savigny was in favour of codification of law:
  • Incorrect. Savigny opposed premature codification, particularly during his time, as he believed laws should evolve naturally from the traditions and customs of the people. This opposition was evident in his criticism of attempts to codify German law in the early 19th century.

Conclusion:

Savigny was not in favor of codification of law, making Option 4 the correct answer.

Question 7

Which of the following statements are correct in case of Vicarious Liability.

A. Relationship of Master Servant

B. No control of master over the manner of doing work

C. Tort committed in course of employment

D. Control of master on the manner of doing work

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, C, D only

  4. DOption (d)

    A, B, D only

View answer & explanation

Correct answer

Answer: (c)C.

A, C, D only

Why this answer is correct

The correct answer is 3.

Key PointsVicarious Liability

  • Relationship of Master Servant
  • This is a fundamental aspect of vicarious liability where the master (employer) is held liable for the actions of the servant (employee) done in the course of employment. Hence statement A is correct.
  • No control of master over the manner of doing work
  • This statement is incorrect as for vicarious liability to apply, the master must have some control over the manner in which the work is done by the servant. Hence statement B is incorrect.
  • Tort committed in course of employment
  • The employer is liable for the torts committed by the employee during the course of employment. Hence statement C is correct.
  • Control of master on the manner of doing work
  • The master must have control over the way the work is done by the servant, which is a key element in establishing vicarious liability. Hence statement D is correct.

Additional Information

  • Scope of Employment
  • For the employer to be held vicariously liable, the employee's wrongful act must be committed within the scope of employment.
  • Acts done outside the scope of employment generally do not result in vicarious liability for the employer.
  • Exceptions
  • There are exceptions where vicarious liability can still apply even if the wrongful act was not within the usual scope of employment, depending on the nature of the job and the circumstances of the act.

Question 8

Match the List-I with List-II

 

LIST I
Case
LIST II
Point of Law
ANG Dastane v. S. Dastane (1975) 2 SCC 326I.Desertion as a ground of divorce
BCourt on its own motion (Lajja Devi) v. State (2012) 193 DLT 61II.Prohibition of Child Marriage Act, 2006 will prevail over personal law
CSaroj Rani v. Sudershan Kumar AIR 1984 SC 1562III.S. 23 (1) is not a bar to file a petition u/s 13 (1A) of Hindu Marriage Act.
DBipin Chandra v. Prabhavati AIR 1957 SC 176IV.Cruelty as a ground of divorce
<br>

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (b)B.

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

Why this answer is correct

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

Key Points

  • NG Dastane v. S. Dastane (1975) 2 SCC 326: Cruelty as a ground of divorce.
  • This case established that cruelty can be a valid ground for divorce under the Hindu Marriage Act.
  • The Supreme Court of India held that cruelty must be of such a nature that it causes a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for them to live with the respondent.
  • Court on its own motion (Lajja Devi) v. State (2012) 193 DLT 61: Prohibition of Child Marriage Act, 2006 will prevail over personal law.
  • This case clarified that the Prohibition of Child Marriage Act, 2006 takes precedence over personal laws in matters relating to child marriage.
  • The Delhi High Court ruled that the act aims to prevent child marriage and protect children from its adverse effects, regardless of personal law exceptions.
  • Saroj Rani v. Sudershan Kumar AIR 1984 SC 1562: S. 23 (1) is not a bar to file a petition u/s 13 (1A) of Hindu Marriage Act.
  • The Supreme Court held that Section 23(1) of the Hindu Marriage Act does not bar a petition under Section 13(1A), which allows for divorce based on non-resumption of cohabitation after a decree of judicial separation or restitution of conjugal rights.
  • The ruling highlighted that the petition can be filed even if the petitioner has failed to comply with the decree.
  • Bipin Chandra v. Prabhavati AIR 1957 SC 176: Desertion as a ground of divorce.
  • The Supreme Court elaborated on the concept of desertion as a ground for divorce under the Hindu Marriage Act.
  • It was held that desertion means the intentional permanent forsaking and abandonment of one spouse by the other without that other's consent and without reasonable cause.

Therefore the correct pairing is:

A - IV: NG Dastane v. S. Dastane (1975) 2 SCC 326 - Cruelty as a ground of divorce

B - II: Court on its own motion (Lajja Devi) v. State (2012) 193 DLT 61 - Prohibition of Child Marriage Act, 2006 will prevail over personal law

C - III: Saroj Rani v. Sudershan Kumar AIR 1984 SC 1562 - S. 23 (1) is not a bar to file a petition u/s 13 (1A) of Hindu Marriage Act

D - I: Bipin Chandra v. Prabhavati AIR 1957 SC 176 - Desertion as a ground of divorce

Question 9

The Maxim "De Minimis Non Curat Lex" relates to:

  1. AOption (a)

    Affray

  2. BOption (b)

    Annoyance

  3. COption (c)

    Cheating

  4. DOption (d)

    Slight harm

View answer & explanation

Correct answer

Answer: (d)D.

Slight harm

Why this answer is correct

The correct answer is 'Slight harm'

Key Points

  • De Minimis Non Curat Lex:
  • This Latin maxim translates to "the law does not concern itself with trifles."
  • It implies that the legal system does not address minor or insignificant matters.
  • This principle is often used to dismiss cases where the harm or issue is considered too trivial for legal action.

Additional Information

  • Other Options:
  • Affray: An affray involves a public fight that disturbs the peace, and is a criminal offense, not related to minor or trivial matters.
  • Annoyance: Annoyance can be a broader term but in legal context, it usually pertains to public nuisance or disturbance, which may not always be considered trivial.
  • Cheating: Cheating involves deceit and fraud, which are serious offenses and not considered trivial or minor.

Question 10

Arrange in chronological order the following Fundamental Duties as appearing in the Constitution of India.

A. To Safeguard public property and to abjure violence

B. To value and preserve the rich heritage of our composite culture

C. To develop the scientific temper

D. To defend the country and render national service

Choose the correct answer from the options given below:

  1. AOption (a)

    D, A, B, C

  2. BOption (b)

    A, C, D, B

  3. COption (c)

    D, C, B, A

  4. DOption (d)

    D, B, C, A

View answer & explanation

Correct answer

Answer: (d)D.

D, B, C, A

Why this answer is correct

The correct answer is Option 4.

Key Points

Chronological Arrangement of Fundamental Duties as appearing in the Constitution of India:

  • The Fundamental Duties are enshrined in Part IV-A of the Constitution of India under Article 51A.
  • These duties are intended to serve as a constant reminder to every citizen that they should observe certain basic norms of democratic conduct and democratic behavior.
  1. To defend the country and render national service (Clause d):
  • This duty emphasizes the importance of defending the nation and being ready to provide national service when required.
  1. To value and preserve the rich heritage of our composite culture (Clause f):
  • This duty highlights the need to recognize and maintain the diverse cultural heritage of India.
  1. To develop the scientific temper (Clause h):
  • This duty encourages citizens to cultivate a scientific approach, humanism, and the spirit of inquiry and reform.
  1. To safeguard public property and to abjure violence (Clause i):
  • This duty focuses on protecting public property and abstaining from violence to maintain harmony and peace in society.

Conclusion:

  • The correct chronological order of the Fundamental Duties as appearing in the Constitution of India is:
  • D. To defend the country and render national service (Clause d)
  • B. To value and preserve the rich heritage of our composite culture (Clause f)
  • C. To develop the scientific temper (Clause h)
  • A. To safeguard public property and to abjure violence (Clause i)

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

Question 11

Which of the following refers to "a clear and formal expression of recognition by a state through official communication or diplomatic statement"?

  1. AOption (a)

    Implicit recognition

  2. BOption (b)

    Collective recognition

  3. COption (c)

    Explicit recognition

  4. DOption (d)

    Conditional recognition

View answer & explanation

Correct answer

Answer: (c)C.

Explicit recognition

Why this answer is correct

The correct answer is 'Explicit recognition.'

Key Points

  • Explicit recognition:
  • Explicit recognition refers to a clear and formal expression of acknowledgment by a state through official communication or diplomatic statement.
  • This type of recognition is formally declared and is often documented in official records or diplomatic correspondences.
  • It is a crucial aspect of international relations, ensuring that the recognizing state is clearly understood to have acknowledged another state's existence or actions.

Additional Information

  • Implicit recognition:
  • Implicit recognition occurs when a state acknowledges another state or government indirectly or through its actions, without a formal declaration.
  • This type of recognition can be ambiguous and may lead to different interpretations regarding the state's intention.
  • Collective recognition:
  • Collective recognition involves the acknowledgment of a state or government by a group of states or an international organization, rather than a single state.
  • This type of recognition is often seen in the context of international organizations such as the United Nations.
  • Conditional recognition:
  • Conditional recognition is granted with certain stipulations or conditions that the recognized state or government must fulfill.
  • Failure to meet these conditions could result in the withdrawal of recognition.

Question 12

Arrange the following provisions in the chronological order of arrangement in the Consumer Protection Act, 2019.

A. District Consumer Protection Council

B. Central Consumer Protection Council

C. Central Consumer Protection Authorities

D. Investigation Wing

E. Consumer Mediation cell

Choose the correct answer from the options given below:

  1. AOption (a)

    B, A, C, D, E

  2. BOption (b)

    C, B, D, E, A

  3. COption (c)

    E, C, B, A, D

  4. DOption (d)

    D, B, A, E, C

View answer & explanation

Correct answer

Answer: (a)A.

B, A, C, D, E

Why this answer is correct

The correct answer is Option 1.

Key Points To arrange the provisions of the Consumer Protection Act, 2019 in the correct chronological order, let's refer to the relevant sections of the Act:

  1. Central Consumer Protection Council (Section 4)

The Act establishes the Central Consumer Protection Council (CCPC) under Section 4, which functions as an advisory body at the national level, focusing on the protection and promotion of consumer rights. 2. District Consumer Protection Council (Section 8)

Section 8 introduces the District Consumer Protection Council, which serves as an advisory body at the district level to address local consumer issues and ensure the Act’s implementation at a more localized level. 3. Central Consumer Protection Authority (Section 10)

Following the councils, the Central Consumer Protection Authority (CCPA) is established under Section 10. This regulatory body is empowered to promote, protect, and enforce the rights of consumers, along with addressing unfair trade practices and misleading advertisements. 4. Investigation Wing (Section 15)

Under Section 15, the Act sets up an Investigation Wing within the CCPA to enforce compliance and investigate any violation of consumer rights. This wing plays a crucial role in examining cases and complaints filed with the authority. 5. Consumer Mediation Cell (Section 74)

Finally, Section 74 provides for the establishment of Consumer Mediation Cells to facilitate out-of-court dispute resolution. These cells aim to promote amicable settlements and speed up the dispute resolution process through mediation.

The chronological order of the provisions in the Consumer Protection Act, 2019, based on the relevant sections, is: B, A, C, D, E

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

Question 13

Marriage of Hindu man with biological sister of his adopted sister is:

  1. AOption (a)

    Void

  2. BOption (b)

    Valid

  3. COption (c)

    Voidable

  4. DOption (d)

    Illegal

View answer & explanation

Correct answer

Answer: (b)B.

Valid

Why this answer is correct

The correct answer is 'Valid'

Key Points

  • Validity of Marriage:
  • According to Hindu Marriage Act, 1955, a marriage is considered valid unless it falls under the categories of prohibited relationships.
  • A prohibited relationship is defined as those relationships that are within the degrees of prohibited relationships according to customs or within the same family lineage.
  • Since the biological sister of an adopted sister does not fall under the degrees of prohibited relationships, the marriage is considered valid.

Additional Information

  • Void Marriages:
  • A marriage is considered void if it is performed under prohibited relationships or if either party has a living spouse at the time of marriage.
  • Examples include marriages between siblings, parent and child, uncle and niece, etc.
  • Voidable Marriages:
  • A voidable marriage is one that can be annulled by a court on specific grounds such as fraud, coercion, impotency, or mental disorder.
  • Until annulled, a voidable marriage remains valid.
  • Illegal Marriages:
  • Illegal marriages are those that are prohibited by law and can lead to legal sanctions or penalties.
  • Examples include marrying without legally dissolving a previous marriage.

Question 14

As per Article 324 of the Constitution of India, any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the:-

  1. AOption (a)

    President

  2. BOption (b)

    Chief Justice of India

  3. COption (c)

    Prime Minister

  4. DOption (d)

    Chief Election Commissioner

View answer & explanation

Correct answer

Answer: (d)D.

Chief Election Commissioner

Why this answer is correct

The correct answer is Option 4.

As per Article 324 of the Constitution of India, any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.

Key Points

  • Chief Election Commissioner (CEC):
  • Article 324 of the Constitution of India grants the Chief Election Commissioner the authority to recommend the removal of any other Election Commissioner or Regional Commissioner.
  • This provision ensures the independence and impartial functioning of the Election Commission by safeguarding its members from arbitrary dismissal.
  • The CEC's recommendation is necessary to maintain the integrity and independence of the Election Commission.

Additional Information

  • President:
  • The President of India appoints the Chief Election Commissioner and other Election Commissioners, but does not have the sole authority to remove them without the CEC's recommendation.
  • Chief Justice of India:
  • The Chief Justice of India is the head of the Indian judiciary and does not play a role in the removal of Election Commissioners.
  • Prime Minister:
  • The Prime Minister leads the executive branch of the government and does not have the authority to recommend the removal of Election Commissioners.

Question 15

Which one of the following offence is punishable in all the four stages of crime?

  1. AOption (a)

    Rape

  2. BOption (b)

    Murder

  3. COption (c)

    Dacoity

  4. DOption (d)

    Kidnapping

View answer & explanation

Correct answer

Answer: (c)C.

Dacoity

Why this answer is correct

The correct answer is 'Dacoity'

Key Points

  • Dacoity:
  • Dacoity is an offence that is punishable in all the four stages of crime: intention, preparation, attempt, and completion.
  • The Indian Penal Code (IPC) recognizes and penalizes dacoity at each stage to prevent and curb the occurrence of this serious crime.
  • Dacoity involves the act of robbery by a group of five or more individuals and is considered a severe threat to public safety and order.
  • Due to the involvement of multiple individuals and the potential for significant harm, the law imposes strict penalties at every stage to deter such activities.

Additional Information

  • Rape:
  • Rape is a grave offence, but it is not punishable at the stages of intention and preparation. The law primarily addresses the attempt and completion stages.
  • Criminal law focuses on the act of attempting or committing rape rather than the preliminary stages of planning or intent.
  • Murder:
  • Murder is another serious crime, but like rape, it is not punishable at the intention and preparation stages under the IPC.
  • Legal provisions address the attempt and commission of murder, emphasizing the acts that directly lead to the loss of life.
  • Kidnapping:
  • Kidnapping is punishable when the act is attempted or completed, but not at the stages of mere intention or preparation.
  • The focus is on the execution of the act of kidnapping rather than the early stages of planning.

Question 16

Arrange the following as per the procedure of Constitutional amendment in United States of America.

A. Proposal by Congress or Convention of States

B. Governor of State submitting proposed amendment to state's legislature for consideration.

C. Ratification by State

D. Governor intimating Congress about State decision

E. Getting ratification by 2/3 rd states

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, C, D, E

  2. BOption (b)

    A, B, C, E, D

  3. COption (c)

    B, C, D, E, A

  4. DOption (d)

    B, C, E, D, A

View answer & explanation

Correct answer

Answer: (a)A.

A, B, C, D, E

Why this answer is correct

The correct answer is Option 1.

Key Points

Chronological Arrangement of Steps in the Procedure of Constitutional Amendment in the United States:

  1. A. Proposal by Congress or Convention of States:
  • The amendment process begins with a proposal, either by a two-thirds majority in both houses of Congress or by a convention called by two-thirds of state legislatures.
  1. B. Governor of State submitting proposed amendment to state's legislature for consideration:
  • Once the proposed amendment is shared with the states, the Governor formally submits it to the state legislature for consideration.
  1. C. Ratification by State:
  • The state's legislature (or a special convention in some cases) votes to ratify or reject the amendment.
  1. D. Governor intimating Congress about State decision:
  • After a state ratifies the amendment, the Governor notifies Congress of the decision.
  1. E. Getting ratification by 3/4th of states:
  • When three-fourths (38 out of 50) of the states ratify the amendment, it officially becomes part of the Constitution.

Sequence:

A (Proposal) → B (Submission by Governor) → C (State ratification) → D (Notification to Congress) → E (3/4th states ratify)

Question 17

Arrange the following International Humanitarian Law Treaties and Conventions in the chronological order of their adoption.

A. Chemical Weapons Convention

B. Arms Trade Treaty

C. International Convention for the Protection of the All Persons from Enforced Disappearance

D. Geneva Convention

E. Treaty on the Prohibition of Nuclear Weapons

Choose the correct answer from the options given below:

  1. AOption (a)

    B, C, D, A, E

  2. BOption (b)

    D, B, C, E, A

  3. COption (c)

    A, E, D, C, B

  4. DOption (d)

    D, A, C, B, E

View answer & explanation

Correct answer

Answer: (d)D.

D, A, C, B, E

Why this answer is correct

The correct answer is Option 4.

Key Points

Chronological Arrangement of International Humanitarian Law Treaties and Conventions:

  • The International Humanitarian Law treaties and conventions are adopted in a specific chronological order, reflecting their historical development and the evolving focus on different aspects of humanitarian law.
  1. Geneva Convention (D):
  • The Geneva Conventions were adopted in 1949 and form the core of international humanitarian law, providing the legal framework for the protection of victims of armed conflicts.
  1. Chemical Weapons Convention (A):
  • The Chemical Weapons Convention was adopted in 1993. It aims to eliminate chemical weapons and prevent their use in warfare.
  1. International Convention for the Protection of All Persons from Enforced Disappearance (C):
  • This convention was adopted in 2006 and focuses on preventing enforced disappearances and ensuring justice for victims.
  1. Arms Trade Treaty (B):
  • The Arms Trade Treaty was adopted in 2013. It regulates international trade in conventional arms and seeks to prevent and eradicate illicit trade and its diversion.
  1. Treaty on the Prohibition of Nuclear Weapons (E):
  • This treaty was adopted in 2017 and aims to prohibit the use, development, production, testing, and possession of nuclear weapons.

Conclusion:

  • The correct chronological order of adoption of these treaties and conventions is:
  • D. Geneva Convention
  • A. Chemical Weapons Convention
  • C. International Convention for the Protection of All Persons from Enforced Disappearance
  • B. Arms Trade Treaty
  • E. Treaty on the Prohibition of Nuclear Weapons

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

Question 18

M. K Ranjit Singh v. UOI (2024) deals with which of the following issue?

  1. AOption (a)

    Preservation of biodiversity and climate change

  2. BOption (b)

    Immigrants and Refugees

  3. COption (c)

    Offence against children

  4. DOption (d)

    Cyber crimes

View answer & explanation

Correct answer

Answer: (a)A.

Preservation of biodiversity and climate change

Why this answer is correct

The correct answer is 'Preservation of biodiversity and climate change'

Key Points

  • ​The case of M.K. Ranjitsinh v. Union of India (2024) primarily addresses the issue of preservation of biodiversity and climate change.
  • This landmark judgment by the Supreme Court of India focused on the conservation of the critically endangered Great Indian Bustard (GIB) and examined the balance between environmental protection and renewable energy development.
  • The Court recognized the right to a healthy environment and the right to be free from the adverse effects of climate change, emphasizing India's commitment to international environmental conventions.

Question 19

In which of the following case, the Supreme court has held that Section 309 of IPC is not unconstitutional and is not violative of Articles 21 and 14 of the Constitution of India?

  1. AOption (a)

    P. Rathinam v. Union of India

  2. BOption (b)

    Aruna Ramchandra Shanbaug v. Union of India

  3. COption (c)

    M.S Dubal v. State of Maharashtra

  4. DOption (d)

    Gian Kaur v. State of Punjab

View answer & explanation

Correct answer

Answer: (d)D.

Gian Kaur v. State of Punjab

Why this answer is correct

The correct answer is 'Gian Kaur v. State of Punjab'

Key Points

  • Gian Kaur v. State of Punjab:
  • In this landmark case, the Supreme Court of India held that Section 309 of the Indian Penal Code (IPC), which criminalizes attempted suicide, is not unconstitutional.
  • The court concluded that the right to life under Article 21 of the Constitution does not include the right to die, and thus, Section 309 IPC is not violative of Articles 21 and 14 of the Constitution.
  • This judgment overturned the earlier decision in the P. Rathinam case, which had decriminalized attempted suicide.

Additional Information

  • P. Rathinam v. Union of India:
  • In this case, the Supreme Court had initially held that Section 309 IPC was unconstitutional and violative of Articles 21 and 14, as it infringed on the right to life by penalizing attempted suicide.
  • This decision was later overturned by the Gian Kaur judgment.
  • Aruna Ramchandra Shanbaug v. Union of India:
  • This case primarily dealt with the issue of passive euthanasia and did not directly address the constitutionality of Section 309 IPC.
  • The court allowed passive euthanasia under strict guidelines but did not decriminalize attempted suicide.
  • M.S Dubal v. State of Maharashtra:
  • In this case, the Bombay High Court had held that Section 309 IPC was unconstitutional as it violated Articles 21 and 14 of the Constitution.
  • This decision was not upheld by the Supreme Court in the Gian Kaur case.

Question 20

Which of the following Judgments are associated with the Legislative Supremacy of Parliament in UK.

A. Jackson v. Attorney General (2005)

B. R v. Secretary of State for Transport (Factor fame) (1991)

C. R v. Secretary of State for the Home Department ex p. Leech (1994)

D. O' Reilly v. Mackman (1983)

E. Ridge v. Baldwin (1964)

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, C, D only

  2. BOption (b)

     A, B, C only

  3. COption (c)

    A, B, D, E only

  4. DOption (d)

    A, B, C, E only

View answer & explanation

Correct answer

Answer: (b)B.

 A, B, C only

Why this answer is correct

The correct answer is Option 2.

Key Points

Judgments associated with the Legislative Supremacy of Parliament in UK:

  • These judgments are significant as they deal with the concept of parliamentary sovereignty, which is a fundamental principle of the UK constitution.
  1. Jackson v. Attorney General (2005):
  • This case questioned the validity of the Hunting Act 2004, and the judgment confirmed that the Parliament Act 1911 and 1949 were valid and that the Parliament could make or unmake any law.
  1. R v. Secretary of State for Transport (Factor fame) (1991):
  • This case discussed the extent of parliamentary sovereignty in the context of European Union law, emphasizing that UK courts must give effect to EU law even if it conflicts with national legislation.
  1. R v. Secretary of State for the Home Department ex p. Leech (1994):
  • This case involved the principle of legality and the extent to which parliamentary supremacy could be limited by fundamental human rights.
  1. Ridge v. Baldwin (1964):
  • This case was a landmark judgment in administrative law, emphasizing the importance of natural justice and fair procedure, but not directly related to parliamentary supremacy.
  1. O'Reilly v. Mackman (1983) is a significant case in English administrative law, which clarified the exclusive use of judicial review for challenging public law decisions.

Conclusion:

  • The correct judgments associated with the Legislative Supremacy of Parliament in the UK are:
  • A. Jackson v. Attorney General (2005)
  • B. R v. Secretary of State for Transport (Factor fame) (1991)
  • C. R v. Secretary of State for the Home Department ex p. Leech (1994)

Therefore, the correct answer is Option 2: A, B, C,  only.

Question 21

Match the List-I with List-II

LIST I
Type of Government
LIST II
Name of Country
AConstitutional MonarchyI.Canada, Australia
BDual FederalismII.United States of America
CPresidentialIII.Denmark, Bhutan Belgium
DParliamentaryIV.India and United Kingdom
<br>

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-III, C-II, D-IV

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (a)A.

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

Why this answer is correct

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

Key Points

Here is the correct match of Type of Government with the Name of Country:

  1. Constitutional Monarchy (A) → Denmark, Bhutan, Belgium (III)
  • These countries have a monarch as the ceremonial head of state, while the real political power lies with elected representatives.
  1. Dual Federalism (B) → Canada, Australia (I)
  • In dual federalism, the central and state governments operate independently within their areas of jurisdiction. Both Canada and Australia have federal systems with distinct separation of powers.
  1. Presidential (C) → United States of America (II)
  • The USA follows a presidential form of government where the President is both the head of state and the head of government.
  1. Parliamentary (D) → India and United Kingdom (IV)
  • Both India and the UK follow a parliamentary system where the executive derives its legitimacy from and is accountable to the legislature.

Question 22

In which year "WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional knowledge" has been adopted?

  1. AOption (a)

    2023

  2. BOption (b)

    2020

  3. COption (c)

    2024

  4. DOption (d)

    2022

View answer & explanation

Correct answer

Answer: (c)C.

2024

Why this answer is correct

The correct answer is 2024

Key Points

The WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge was adopted in May 2024 during a WIPO Diplomatic Conference in Geneva.

Purpose:

  • Protect traditional knowledge and genetic resources.
  • Ensure fair benefit-sharing.
  • Prevent exploitation of indigenous practices.

Significance:

It addresses the intersection of intellectual property, biodiversity, and indigenous rights, aligning with global agreements like the Nagoya Protocol.

Question 23

According to Section 20 of the Green Tribunal Act, 2010 what are the principles that should be applied by the NGT while passing orders and decisions?

A. Principle of sustainable development

B. Precautionary principle

C. Polluter pays principle

D. Principle of absolute liability

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B and D only

  2. BOption (b)

    B, C and D only

  3. COption (c)

    A, B and C only

  4. DOption (d)

    A, C and D only

View answer & explanation

Correct answer

Answer: (c)C.

A, B and C only

Why this answer is correct

The correct answer is 3.

Key PointsThe principles applied by the NGT according to Section 20 of the Green Tribunal Act, 2010

  • Principle of sustainable development
  • This principle aims to balance developmental needs with environmental conservation. It ensures that development meets the needs of the present without compromising the ability of future generations to meet their own needs. Hence statement A is correct.
  • Precautionary principle
  • This principle implies that if there is a risk of significant harm to the environment or human health, precautionary measures should be taken even if some cause and effect relationships are not fully established scientifically. Hence statement B is correct.
  • Polluter pays principle
  • According to this principle, those who pollute the environment should bear the costs associated with the damage they cause. This includes the costs of preventing, controlling, and rectifying pollution. Hence statement C is correct.

Additional Information

  • Principle of absolute liability
  • This principle is not explicitly mentioned in Section 20 of the Green Tribunal Act, 2010. It is a legal principle that holds a party completely liable for any damage caused by their activities, regardless of intent or negligence.

Question 24

Which of the following statement is incorrect.

  1. AOption (a)

    A child in the mother's womb is a legal person

  2. BOption (b)

    A dead person has right to regulate his property according to his wishes when he is not living

  3. COption (c)

    Animals are subjects of rights and duties just like human beings

  4. DOption (d)

    A partnership firm is not a legal person therefore it cannot sue or be sued in its name

View answer & explanation

Correct answer

Answer: (c)C.

Animals are subjects of rights and duties just like human beings

Why this answer is correct

The correct answer is 3.

Key PointsExplanation of Statements

  • Statement 1: A child in the mother's womb is a legal person
  • This is a correct statement. A child in the mother's womb has certain legal rights, such as the right to inheritance, if born alive. Hence, statement 1 is correct.
  • Statement 2: A dead person has the right to regulate his property according to his wishes when he is not living
  • This is a correct statement. The wishes of a deceased person regarding their property, as expressed in a will, are respected and executed by law. Hence, statement 2 is correct.
  • Statement 3: Animals are subjects of rights and duties just like human beings
  • This is an incorrect statement. While animals have certain protections under the law, they do not have rights and duties in the same way humans do. Hence, statement 3 is incorrect.
  • Statement 4: A partnership firm is not a legal person therefore it cannot sue or be sued in its name
  • This is a correct statement. A partnership firm does not have a separate legal identity from its partners, and legal actions are taken in the names of the partners. Hence, statement 4 is correct.

Additional Information

  • Legal Person
  • A legal person is any entity that can hold legal rights and be subject to legal duties. This includes natural persons (humans) and juridical persons (organizations, corporations).
  • Rights of the Unborn Child
  • An unborn child has certain legal protections and rights, particularly concerning inheritance and wrongful death claims.
  • Animal Rights
  • Animal rights are protections under the law, but they do not equate to the rights and responsibilities of legal persons.

Question 25

Match the List-I with List-II

 

LIST I
Description
LIST II
Offence/ section
ADeath caused by a child of 6 yearsI.Exception 4 to Section 300
BDeath committed without premeditation in a sudden fightII.Right of private defence
CDeath of trespasser of the House who was escapingIII.No offence
DDeath is caused in safeguarding property from mischief by fireIV.Exception 2 to Section 300
<br>

Choose the correct answer from the options given below:

  1. AOption (a)

    A-I, B-III, C-II, 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 option is 'A - III, B - I, C - IV, D - II​'.

Key Points

Here’s the match of Description with the relevant Offence/Section:

  1. A. Death caused by a child of 6 years → III. No offence
  • A child under the age of 7 years is protected under Section 82 of IPC, which states that acts of a child under seven years of age are not considered offences due to lack of criminal intent.
  1. B. Death committed without premeditation in a sudden fight → I. Exception 4 to Section 300
  • Exception 4 to Section 300 IPC specifies that culpable homicide is not murder if it is committed without premeditation in a sudden fight, in the heat of passion, and without the offender taking undue advantage.
  1. C. Death of trespasser of the House who was escaping → IV. Exception 2 to Section 300
  • Exception 2 to Section 300 IPC covers situations where death is caused during an act of lawful defence of person or property, provided the force used is proportional.
  1. D. Death is caused in safeguarding property from mischief by fire → II. Right of private defence
  • Under Section 103 IPC, the right of private defence extends to causing death in order to prevent certain offences like arson (mischief by fire).

Question 26

Which of the following statements are correct as per International Court of justice (ICJ)?

A. The judgement is final and without appeal

B. No application for revision may be made at all

C. The Court shall deliver it's advisory opinion in open court

D. The members of ICJ are elected for 10 years

Choose the correct answer from the options given below:

  1. AOption (a)

    C and D only

  2. BOption (b)

    B and D only

  3. COption (c)

    A and B only

  4. DOption (d)

    A and C only

View answer & explanation

Correct answer

Answer: (d)D.

A and C only

Why this answer is correct

The correct answer is 4.

Key PointsStatements about International Court of Justice (ICJ)

  • A. The judgement is final and without appeal
  • This statement is correct. The judgments given by the ICJ are final and without appeal. There is no provision for appeal against the judgment of the ICJ. Hence statement A is correct.
  • B. No application for revision may be made at all
  • This statement is incorrect. According to the ICJ Statute, an application for the revision of a judgment can be made, but it must be done within ten years of the judgment and only if new facts have been discovered. Hence statement B is incorrect.
  • C. The Court shall deliver its advisory opinion in open court
  • This statement is correct. The ICJ delivers its advisory opinions in open court, which ensures transparency and public accessibility. Hence statement C is correct.
  • D. The members of ICJ are elected for 10 years
  • This statement is incorrect. The members of the ICJ are elected for a term of nine years, not ten years. Hence statement D is incorrect.

Additional Information

  • The ICJ, also known as the World Court, is the primary judicial branch of the United Nations (UN).
  • It settles disputes between states and gives advisory opinions on international legal issues referred to it by the UN.

Question 27

Match the List-I with List-II

LIST I
Cyber Crime
LIST II
Punishments
AViolation of Bodily PrivacyI.Upto three years imprisonment and fine up to one lakh rupees
BPublishing or transmitting of material containing sexually explicit act or conductII.Extend upto life imprisonment
CIdentity TheftIII.Upto five years imprisonment and Fine upto Ten Lakh Rupees
DCyber TerrorismIV.Upto 3 years imprisonment with fine not exceeding two lakh rupees
<br>

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (b)B.

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

Why this answer is correct

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

Key Points

  • A - Violation of Bodily Privacy: IV. Up to 3 years imprisonment with fine not exceeding two lakh rupees.
  • This crime involves the unauthorized capturing, watching, or dissemination of private activities or images without consent.
  • It is punishable by up to three years of imprisonment and a fine not exceeding two lakh rupees.
  • B - Publishing or transmitting of material containing sexually explicit act or conduct: III. Up to five years imprisonment and Fine up to Ten Lakh Rupees.
  • This crime involves the creation, publication, or transmission of material that depicts sexually explicit acts or conduct.
  • It is punishable by up to five years of imprisonment and a fine up to ten lakh rupees.
  • C - Identity Theft: I. Up to three years imprisonment and fine up to one lakh rupees.
  • This crime involves the unauthorized use of someone else's personal information to commit fraud or other crimes.
  • It is punishable by up to three years of imprisonment and a fine up to one lakh rupees.
  • D - Cyber Terrorism: II. Extend up to life imprisonment.
  • This crime involves the use of cyberspace to conduct terrorist activities, such as causing significant disruption or damage.
  • It is punishable by imprisonment that can extend up to life imprisonment.

Therefore the correct pairing is:

A - IV: Violation of Bodily Privacy - Up to 3 years imprisonment with fine not exceeding two lakh rupees

B - III: Publishing or transmitting of material containing sexually explicit act or conduct - Up to five years imprisonment and Fine up to Ten Lakh Rupees

C - I: Identity Theft - Up to three years imprisonment and fine up to one lakh rupees

D - II: Cyber Terrorism - Extend up to life imprisonment

Question 28

According to Section 4 of Dissolution of Muslim Marriage Act 1939, Apostasy from Islam of a Muslim wife:-

  1. AOption (a)

    Will dissolve her marriage ipso facto

  2. BOption (b)

    Will not dissolve her marriage ipso facto

  3. COption (c)

    Dissolves her marriage and she loses her claim to dower

  4. DOption (d)

    Dissolves her marriage and she does not lose her claim to dower

View answer & explanation

Correct answer

Answer: (b)B.

Will not dissolve her marriage ipso facto

Why this answer is correct

The correct answer is 'Will not dissolve her marriage ipso facto'

Key Points

  • Dissolution of Muslim Marriage Act 1939:
  • This act was enacted to consolidate and clarify the laws related to the dissolution of marriages among Muslims.
  • Section 4 of the Act specifically deals with the impact of apostasy on the marriage of a Muslim wife.
  • According to this section, the apostasy of a Muslim wife does not automatically dissolve her marriage.

Additional Information

  • Option 1: Will dissolve her marriage ipso facto:
  • This option is incorrect because the law explicitly states that the marriage is not dissolved automatically by the wife's apostasy.
  • Option 3: Dissolves her marriage and she loses her claim to dower:
  • This option is incorrect because Section 4 does not state that the wife loses her claim to dower upon apostasy.
  • Option 4: Dissolves her marriage and she does not lose her claim to dower:
  • While it is correct that she does not lose her claim to dower, the marriage is not dissolved ipso facto due to apostasy, making this option incorrect.

Question 29

Who coined the English phrase "International Law" for the first time?

  1. AOption (a)

    Plato

  2. BOption (b)

    Cisero

  3. COption (c)

    Aritotle

  4. DOption (d)

    Jeremy Bentham

View answer & explanation

Correct answer

Answer: (d)D.

Jeremy Bentham

Why this answer is correct

The correct answer is 'Jeremy Bentham'

Key Points

  • Jeremy Bentham:
  • Jeremy Bentham, an English philosopher and jurist, first coined the term "International Law" in the 18th century.
  • Bentham is renowned for his advocacy of utilitarianism, a principle that suggests the best action is the one that maximizes utility, generally defined as that which produces the greatest well-being of the greatest number of people.
  • His use of the term "International Law" marked a significant development in legal and political theory, particularly in the context of international relations and global governance.

Additional Information

  • Plato:
  • Plato was an ancient Greek philosopher who made significant contributions to Western philosophy. However, he did not coin the term "International Law."
  • His works primarily focus on ethics, political philosophy, epistemology, and metaphysics.
  • Cicero:
  • Cicero was a Roman statesman, orator, and philosopher. While he made notable contributions to political theory and the concept of natural law, he did not introduce the term "International Law."
  • His ideas have influenced modern concepts of rights and justice, but the specific term was not attributed to him.
  • Aristotle:
  • Aristotle was another influential Greek philosopher whose works covered various fields such as logic, science, and politics.
  • He did not coin the term "International Law," although his ideas have significantly impacted Western legal and political thought.

Question 30

Which actions are covered under the offence of violation of privacy under section 66E of Information Technology Act, 2000?

  1. AOption (a)

    Non consensual capture, publication and transmission of intimate images

  2. BOption (b)

    Knowingly transmission and publication of intimate images only

  3. COption (c)

    Non consensual publication of intimate images only

  4. DOption (d)

    Non Consensual and consensual capture, publication and transmission of intimate images

View answer & explanation

Correct answer

Answer: (a)A.

Non consensual capture, publication and transmission of intimate images

Why this answer is correct

The correct answer is 'Non consensual capture, publication, and transmission of intimate images'.

Key Points

  • Violation of Privacy under Section 66E of Information Technology Act, 2000:
  • Section 66E of the IT Act, 2000, addresses the violation of privacy through the non-consensual capture, publication, and transmission of intimate images.
  • It aims to protect individuals from unauthorized use of their intimate images or videos.
  • This provision covers all acts where intimate images or videos are captured, published, or transmitted without the consent of the person depicted.

Additional Information

  • Knowingly transmission and publication of intimate images only:
  • This option is incorrect as it only covers the transmission and publication of intimate images, excluding the capture aspect.
  • The violation of privacy under Section 66E also includes the non-consensual capture of intimate images.
  • Non consensual publication of intimate images only:
  • This option is incorrect as it only addresses the publication aspect, not the capture and transmission.
  • Section 66E covers all three activities: capture, publication, and transmission without consent.
  • Non Consensual and consensual capture, publication, and transmission of intimate images:
  • This option is incorrect as it includes consensual acts, which are not covered under Section 66E.
  • The law specifically targets non-consensual actions to protect individuals' privacy.

Question 31

If a Muslim husband swears that he will not have sexual intercourse with wife for four months or more, it amounts to a form of Divorce known as:-

  1. AOption (a)

    I'la

  2. BOption (b)

    Zihar

  3. COption (c)

    Tafweez

  4. DOption (d)

    Mubarat

View answer & explanation

Correct answer

Answer: (a)A.

I'la

Why this answer is correct

The correct answer is 'I'la'

Key Points

  • I'la:
  • I'la is a form of divorce in Islamic law where a Muslim husband swears not to have sexual relations with his wife for four months or more.
  • If the husband maintains this oath for the specified period, the marriage is considered dissolved.
  • This practice is based on specific provisions within Islamic jurisprudence that address marital relations and the rights of the spouse.

Additional Information

  • Zihar:
  • Zihar is another form of divorce where a husband compares his wife to a female relative who is unmarriageable to him (e.g., his mother or sister).
  • After making such a statement, the husband must either expiate by fasting for two months, feeding sixty poor people, or freeing a slave before he can resume marital relations.
  • Tafweez:
  • Tafweez refers to the delegation of the right to divorce by the husband to the wife or a third party.
  • This can be a conditional or unconditional delegation, allowing the wife to initiate divorce under agreed terms.
  • Mubarat:
  • Mubarat is a form of mutual divorce where both the husband and wife agree to dissolve the marriage.
  • It is initiated by mutual consent and does not involve the oath or waiting period associated with I'la.

Question 32

Which of the following is NOT part of 'International Bill of Rights'?

A. Magna Carta, 1215

B. Universal Declaration of Human Rights, 1948

C. International Convenent on Civil and Political Rights, 1966

D. Convention on Rights of the Child, 1989

Choose the correct answer from the options given below:

  1. AOption (a)

    A and B only

  2. BOption (b)

    A and C only

  3. COption (c)

    B and C only

  4. DOption (d)

    A, and D only

View answer & explanation

Correct answer

Answer: (d)D.

A, and D only

Why this answer is correct

The correct answer is Option 4.

Key Points The International Bill of Rights refers to the core set of international human rights instruments, which includes:

  1. Universal Declaration of Human Rights (1948):
  • A foundational document that articulates basic human rights.
  • Part of the International Bill of Rights.
  1. International Covenant on Civil and Political Rights (1966):
  • A legally binding treaty focused on civil and political rights.
  • Part of the International Bill of Rights.
  1. International Covenant on Economic, Social, and Cultural Rights (1966):
  • A legally binding treaty addressing economic, social, and cultural rights.
  • Part of the International Bill of Rights.

Why are A and D not part of it?

  • A. Magna Carta (1215):

While a significant historical document in the development of human rights, the Magna Carta is not part of the International Bill of Rights.

  • D. Convention on the Rights of the Child (1989):

This is an important treaty, but it is a specialized convention dealing with children's rights, not part of the International Bill of Rights.

Question 33

Muta marriage is:-

A. A temporary marriage

B. Recognised under Shia Law

C. Recognised under Sunni Law

D. A marriage for a fixed period: a day, month, year

E. One in which dower need not be specified

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, D only

  2. BOption (b)

    A, B, E only

  3. COption (c)

    A, C, D only

  4. DOption (d)

    A, C, D, E only

View answer & explanation

Correct answer

Answer: (a)A.

A, B, D only

Why this answer is correct

The correct answer is A, B, D only

Key Points

Muta marriage is a form of temporary marriage in Islamic law that is specifically recognized under Shia law, not Sunni law. Here's the detailed breakdown:

  1. A. A temporary marriage:
  • Correct. Muta marriage is a temporary contract for a fixed period agreed upon by both parties.
  1. B. Recognised under Shia Law:
  • Correct. Muta marriage is permitted and recognized under Shia law.
  1. C. Recognised under Sunni Law:
  • Incorrect. Muta marriage is not recognized under Sunni law. Sunni jurisprudence considers it invalid and treats it as unlawful.
  1. D. A marriage for a fixed period: a day, month, year:
  • Correct. Muta marriage is contracted for a specified duration (short or long).
  1. E. One in which dower need not be specified:
  • Incorrect. In Muta marriage, dower (mahr) is an essential element and must be specified at the time of the contract.

Question 34

How many independent judges compose the International Court of Justice (ICJ)?

  1. AOption (a)

    25

  2. BOption (b)

    20

  3. COption (c)

    30

  4. DOption (d)

    15

View answer & explanation

Correct answer

Answer: (d)D.

15

Why this answer is correct

The correct answer is '15 independent judges compose the International Court of Justice (ICJ)'

Key Points

  • Composition of the ICJ:
  • The International Court of Justice (ICJ) is composed of 15 independent judges.
  • These judges are elected by the United Nations General Assembly and the Security Council.
  • The judges serve for a term of nine years and can be re-elected.
  • The composition ensures representation from various geographical regions and legal systems of the world.

Question 35

Match the List-I with List-II

LIST I
Pre-requisites for protection
LIST II
Kind of IPR
ADistinctivenessI.Copyright
BOriginalityII.Geographical Indication
CIndustrial ApplicationIII.Trademark
DQuality and Reputation of GoodsIV.Patents
<br>

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (c)C.

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

Why this answer is correct

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

Key Points

  • Distinctiveness is a pre-requisite for protection under Trademark.
  • Trademarks must be distinctive to differentiate the goods or services of one enterprise from those of other enterprises.
  • This distinctiveness helps consumers identify the source of the goods or services.
  • Originality is a pre-requisite for protection under Copyright.
  • Copyright protects original works of authorship, including literary, dramatic, musical, and artistic works.
  • Originality means the work must be independently created and possess some minimal degree of creativity.
  • Industrial Application is a pre-requisite for protection under Patents.
  • For an invention to be patentable, it must have industrial applicability, meaning it can be made or used in some kind of industry.
  • This ensures that the invention can be practically applied and used.
  • Quality and Reputation of Goods is a pre-requisite for protection under Geographical Indication.
  • A Geographical Indication (GI) is a sign used on products that have a specific geographical origin and possess qualities, reputation, or characteristics inherent to that location.
  • GIs help in recognizing and protecting the quality and reputation of products associated with a specific region.

Therefore the correct pairing is:

A - III: Distinctiveness - Trademark

B - I: Originality - Copyright

C - IV: Industrial Application - Patents

D - II: Quality and Reputation of Goods - Geographical Indication

Question 36

Which kind of Intellectual Property protection is available for trademark?

  1. AOption (a)

    Statutory protection alone

  2. BOption (b)

    Common law protection alone

  3. COption (c)

    Both Statutory and Common law protection

  4. DOption (d)

    Protection under Trade and Merchandise Act, 1958

View answer & explanation

Correct answer

Answer: (c)C.

Both Statutory and Common law protection

Why this answer is correct

The kind of Intellectual Property protection available for trademark is 'Both Statutory and Common law protection'

Key Points

  • Both Statutory and Common law protection:
  • Trademarks in many jurisdictions, including India, are protected under both statutory laws and common law.
  • Statutory protection is provided by registering the trademark under specific trademark laws, such as the Trade Marks Act, 1999 in India.
  • Common law protection arises from the actual use of the trademark in commerce, even without registration, based on the principle of passing off.
  • This dual protection ensures a broader safeguard for the trademark owner against infringement and misuse.

Additional Information

  • Statutory protection alone:
  • Statutory protection alone would not cover unregistered trademarks, limiting the protection to only those trademarks that have been officially registered under the relevant trademark laws.
  • Common law protection alone:
  • Common law protection alone relies on the use of the trademark in commerce and the principle of passing off, which may not provide the same level of legal certainty and enforceability as statutory protection.
  • Protection under Trade and Merchandise Act, 1958:
  • The Trade and Merchandise Act, 1958 has been repealed and replaced by the Trade Marks Act, 1999 in India, making this option outdated and incorrect.

Question 37

Match the List-I with List-II

LIST I
Country
LIST II
Procedure and Authority to Amend the Constitution
AUnited States of AmericaI.Sections 38-49
BIndiaII.Section 128 of the Constitution
CAustraliaIII.Article 368 of the Constitution
DCanadaIV.Article 5 of the Constitution
<br>

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (c)C.

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

Why this answer is correct

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

Key Points

  • A - IV: United States of America - Article 5 of the Constitution
  • The Constitution of the United States of America can be amended through a process defined in Article 5.
  • This process involves proposing amendments either by a two-thirds majority in both Houses of Congress or by a constitutional convention called for by two-thirds of State legislatures.
  • B - III: India - Article 368 of the Constitution
  • In India, the procedure for amending the Constitution is outlined in Article 368.
  • Amendments can be initiated in either House of Parliament and must be passed by both Houses by a special majority.
  • C - II: Australia - Section 128 of the Constitution
  • The Australian Constitution can be amended under Section 128.
  • The process requires a proposed amendment to be passed by an absolute majority in both Houses of Parliament and then approved by a majority of voters in a national referendum.
  • D - I: Canada - Sections 38-49
  • In Canada, the Constitution can be amended through a complex process involving Sections 38-49.
  • This process involves different amendment procedures depending on the type of amendment, including approval by both Houses of Parliament and a certain number of provincial legislatures.

Therefore the correct pairing is:

A - IV: United States of America - Article 5 of the Constitution

B - III: India - Article 368 of the Constitution

C - II: Australia - Section 128 of the Constitution

D - I: Canada - Sections 38-49

Question 38

Match the List-I with List-II

LIST I
Authors/Editors
LIST II
Titles of Books
AJ. Crowe & K.W. ScheuberI.The Hand book of International Humanitarian Law (ed), OUP
BCharlotte LulfII.Persecution International Refugee Law and Refuges: A Feminist Approach
CMathilde CrepinIII.Conflict of Displacement and Legal Protection understanding Asylum, Human Rights and Refugee Law
DDieter Fleck and Michael BotheIV.Principles of International Humanitarian Law
<br>

Choose the correct answer from the options given below:

  1. AOption (a)

     A-I, B-II, C-IV, D-III

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (d)D.

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

Why this answer is correct

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

Key Points

Explanation:

Here is the correct matching of Authors/Editors with their respective Titles of Books:

  1. A. J. Crowe & K.W. Scheuber → IV. Principles of International Humanitarian Law
  • Jonathan Crowe and Kylie Weston-Scheuber co-authored "Principles of International Humanitarian Law," providing a clear explanation of the central principles of international humanitarian law.
  1. B. Charlotte Lülf → III. Conflict Displacement and Legal Protection: Understanding Asylum, Human Rights and Refugee Law
  • Charlotte Lülf authored "Conflict Displacement and Legal Protection: Understanding Asylum, Human Rights and Refugee Law," focusing on the legal protection of displaced individuals.
  1. C. Mathilde Crépin → II. Persecution in International Refugee Law and Refugees: A Feminist Approach
  • Mathilde Crépin authored "Persecution in International Refugee Law and Refugees: A Feminist Approach," offering a feminist perspective on persecution in refugee law.
  1. D. Dieter Fleck and Michael Bothe → I. The Handbook of International Humanitarian Law (ed), OUP
  • Dieter Fleck and Michael Bothe edited "The Handbook of International Humanitarian Law," a comprehensive guide published by Oxford University Press

Question 39

Which of the following is not a feature of French Administrative legal system?

  1. AOption (a)

    Dual system of courts separating administrative and ordinary courts

  2. BOption (b)

    Conseil d'Etat as the Supreme administrative court

  3. COption (c)

    Principle of Judicial Independence

  4. DOption (d)

    Use of Stare decisis in administrative decisions

View answer & explanation

Correct answer

Answer: (d)D.

Use of Stare decisis in administrative decisions

Why this answer is correct

The correct answer is 'Use of Stare decisis in administrative decisions'

Key Points

  • Overview of the French Administrative Legal System:
  • The French administrative legal system is distinct from other legal systems due to its separation of administrative and ordinary courts.
  • This system ensures a specialized approach to administrative law, providing an independent legal framework for handling disputes involving public administration.
  • Dual system of courts:
  • France operates a dual system of courts where administrative courts are separate from ordinary courts.
  • This separation is designed to handle disputes involving public authorities and administrative actions independently from civil and criminal matters.
  • Conseil d'Etat:
  • The Conseil d'Etat serves as the supreme administrative court in France.
  • It oversees the legality of administrative decisions and provides advice to the government on legal matters.
  • Principle of Judicial Independence:
  • The French administrative legal system upholds the principle of judicial independence.
  • This ensures that administrative judges can make decisions without undue influence from the executive or legislative branches.
  • Use of Stare decisis in administrative decisions:
  • Unlike common law systems, the French administrative legal system does not follow the principle of stare decisis (precedent).
  • Each case is judged on its own merits, although past decisions may be considered for guidance, they are not binding.

Additional Information

  • Role of Administrative Courts:
  • Administrative courts in France play a crucial role in maintaining checks and balances on public administration.
  • They ensure that public authorities act within the law and protect citizens' rights against administrative abuses.
  • Comparison with Common Law Systems:
  • In common law systems, such as the UK and the US, the principle of stare decisis is fundamental, meaning that past judicial decisions are binding on future cases.
  • However, in the French system, while previous rulings may guide current decisions, they do not have the same binding precedent value.

Question 40

Match the List-I with List-II

LIST I
Judicial Decisions
LIST II
Fundamental Rights
ASri Srinivasa Theatre v. Govt of T. NI.Article 20(3) of the Constitution
BK. A Abbas v. Union of IndiaII.Right to Environment
CSelvi v. State of KarnatakaIII.Equality before Law
DRural Litigation and Entitlement Kendra v. State of UPIV.Censorship
<br>

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (b)B.

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

Why this answer is correct

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

Key Points

  • Sri Srinivasa Theatre v. Govt of T. N - Equality before Law
  • This case pertains to the principle of equality before law enshrined in the Constitution, ensuring no discrimination in the enforcement of laws.
  • K. A Abbas v. Union of India - Censorship
  • This case dealt with issues related to film censorship in India and the reasonable restrictions that can be imposed on freedom of speech and expression.
  • Selvi v. State of Karnataka - Article 20(3) of the Constitution
  • This case is related to the protection against self-incrimination provided under Article 20(3) of the Indian Constitution.
  • Rural Litigation and Entitlement Kendra v. State of UP - Right to Environment
  • This case highlights the recognition of the right to a healthy environment as a part of the right to life under Article 21 of the Indian Constitution.

Therefore the correct pairing is:

A - III: Sri Srinivasa Theatre v. Govt of T. N - Equality before Law

B - IV: K. A Abbas v. Union of India - Censorship

C - I: Selvi v. State of Karnataka - Article 20(3) of the Constitution

D - II: Rural Litigation and Entitlement Kendra v. State of UP - Right to Environment

Question 41

Which Amendment to the U.S. Constitution is important in defining the powers reserved to the States?

  1. AOption (a)

    1st Amendment

  2. BOption (b)

    IXth Amendment

  3. COption (c)

    xth Amendment

  4. DOption (d)

    vth Amendment

View answer & explanation

Correct answer

Answer: (c)C.

xth Amendment

Why this answer is correct

The correct answer is the 'Xth Amendment'.

Key Points

  • Xth Amendment:
  • The Tenth Amendment to the U.S. Constitution is part of the Bill of Rights and was ratified on December 15, 1791.
  • It states that the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
  • This amendment emphasizes the federal structure of the United States by ensuring that all powers not granted to the federal government are retained by the states and the people.

Additional Information

  • 1st Amendment:
  • Protects freedoms concerning religion, expression, assembly, and the right to petition.
  • It guarantees freedom of speech, press, and peaceful assembly, and the right to petition the government for a redress of grievances.
  • IXth Amendment:
  • States that the enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
  • It is a safeguard against the expansion of government power over individual liberties.
  • Vth Amendment:
  • Provides several protections for individuals in criminal cases.
  • Includes protection against double jeopardy, self-incrimination, and guarantees the due process of law.

Question 42

Gap between two consecutive Board meeting of a company should not be more than:

  1. AOption (a)

    90 days

  2. BOption (b)

    120 days

  3. COption (c)

    150 days

  4. DOption (d)

    180 days

View answer & explanation

Correct answer

Answer: (b)B.

120 days

Why this answer is correct

The correct answer is '120 days'

Key Points

As per Section 173(1) of the Companies Act, 2013:

  1. Every company, except certain exempted ones, is required to hold a Board meeting at least four times a year, ensuring that the gap between any two consecutive meetings does not exceed 120 days.
  2. This provision ensures regular governance and decision-making by the Board, promoting accountability and timely oversight of company affairs.

Question 43

An independent director shall be eligible for reappointment on:

  1. AOption (a)

    Passing OrdinaryResolution

  2. BOption (b)

    Passing Special Resolution

  3. COption (c)

     Approval of Board of Director

  4. DOption (d)

    Approval of Central Government

View answer & explanation

Correct answer

Answer: (b)B.

Passing Special Resolution

Why this answer is correct

The correct answer is 'Passing Special Resolution'

Key PointsAs per Section 149(10) and (11) of the Companies Act, 2013, the rules governing the reappointment of an independent director are as follows:

  1. Tenure of Independent Director:
  • An independent director can hold office for a term of up to 5 consecutive years.
  1. Reappointment:
  • After completing the first term, an independent director can be reappointed for another term of up to 5 consecutive years, provided:
  • The company passes a special resolution in a general meeting.
  • The company discloses the justification for the reappointment in the Board’s report.
  1. Cooling-Off Period:
  • After serving two terms, the independent director must wait for a minimum period of three years before being eligible for reappointment. During this time, they cannot be associated with the company in any capacity.

Additional Information

  • A special resolution requires at least 75% of the voting members present at the meeting to approve the resolution.
  • The process ensures greater scrutiny and transparency in the reappointment of independent directors.

Question 44

Match the List-I with List-II

LIST I
Commissions and Tribunals
LIST II
Initial Establishment
ANational Commission for Backward Classes (NCBC)I.1992
BNational Commission for Women (NCW)II.2010
CNational Green Tribunal (NGT)III.2004
DNational Commission for Scheduled Castes (NCSC)IV.1993
<br>

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (a)A.

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

Why this answer is correct

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

Key Points

  • National Commission for Backward Classes (NCBC) - 1993
  • The NCBC was established under the National Commission for Backward Classes Act, 1993.
  • It was initially set up in 1992 to address the issues of backward classes.
  • National Commission for Women (NCW) - 1992
  • The NCW was established in January 1992 under the National Commission for Women Act, 1990.
  • It aims to represent the rights of women in India and to provide a voice for their issues and concerns.
  • National Green Tribunal (NGT) - 2010
  • The NGT was established under the National Green Tribunal Act, 2010.
  • It was created to handle the expeditious disposal of the cases pertaining to environmental issues.
  • National Commission for Scheduled Castes (NCSC) - 2004
  • The NCSC was formed in 2004 after the bifurcation of the National Commission for Scheduled Castes and Scheduled Tribes into two separate bodies.
  • It aims to monitor and safeguard the rights of Scheduled Castes in India.

Therefore the correct pairing is:

A - I: National Commission for Backward Classes (NCBC) - 1993

B - IV: National Commission for Women (NCW) - 1992

C - II: National Green Tribunal (NGT) - 2010

D - III: National Commission for Scheduled Castes (NCSC) - 2004

Question 45

Which of the following is not a condition for determining the capacity of male Hindu to adopt?

  1. AOption (a)

    Consent of wife under certain circumstances

  2. BOption (b)

    Majority

  3. COption (c)

    Soundness of mind

  4. DOption (d)

    Must be necessarily married

View answer & explanation

Correct answer

Answer: (d)D.

Must be necessarily married

Why this answer is correct

The correct answer is 'Must be necessarily married'

Key Points

  • Conditions for determining the capacity of a male Hindu to adopt:
  • Consent of wife under certain circumstances:
  • If the male is married, the consent of his wife is necessary unless she has completely and finally renounced the world, has ceased to be a Hindu, or has been declared to be of unsound mind by a court of competent jurisdiction.
  • Majority:
  • The male Hindu must be a major, i.e., he must have attained the age of 18 years.
  • Soundness of mind:
  • The male Hindu must be of sound mind, meaning he should be capable of understanding the act of adoption and its implications.

Additional Information

  • Must be necessarily married:
  • There is no requirement that a male Hindu must be married to adopt a child. A single male Hindu can also adopt a child, provided he fulfills the other conditions like age and soundness of mind.
  • This criterion is incorrect as it imposes an unnecessary condition that is not stipulated under Hindu adoption laws.

Question 46

Under Section 24 of Indian Contract Act, 1872, if only a part of consideration or object is unlawful, the contract shall be:-

  1. AOption (a)

    Valid

  2. BOption (b)

    Voidable

  3. COption (c)

    Void

  4. DOption (d)

    Illegal

View answer & explanation

Correct answer

Answer: (c)C.

Void

Why this answer is correct

The correct answer is void.

Key Points

  • Section 24 of the Indian Contract Act, 1872:
  • This section deals with agreements that have unlawful considerations or objects.
  • If any part of the consideration or object of an agreement is unlawful, the whole agreement is void.
  • The law specifically mentions that if a contract contains elements that are illegal, it cannot be enforced in a court of law.

Additional Information

  • Valid:
  • A contract is valid if it meets all the legal requirements set out in the Indian Contract Act, 1872.
  • Since a contract with any unlawful consideration or object is not enforceable by law, it cannot be considered valid.
  • Voidable:
  • A voidable contract is one that is enforceable by law at the option of one or more parties but not at the option of the other party or parties.
  • Contracts with unlawful considerations or objects are not voidable but void or illegal.
  • Void:
  • A void contract is one that is not enforceable by law from the very beginning.
  • While a void contract is unenforceable, an illegal contract has the additional consequence of being against public policy or law.

Question 47

Which of the following is not a source of International Law as per Article 38 of the Statute of International Court of Justice?

  1. AOption (a)

    Judicial decisions (subject to Art 59 of Statute of ICJ)

  2. BOption (b)

    Writing of most highly qualified Publicists (subject to Art 59 of Statute of ICJ)

  3. COption (c)

    Community customary laws

  4. DOption (d)

    General principles of law recognised by civilised nations

View answer & explanation

Correct answer

Answer: (c)C.

Community customary laws

Why this answer is correct

The correct answer is 'Community customary laws'

Key Points

  • Sources of International Law as per Article 38 of the Statute of International Court of Justice:
  • Judicial decisions (subject to Art 59 of Statute of ICJ): These serve as subsidiary means for the determination of rules of law.
  • Writing of most highly qualified Publicists (subject to Art 59 of Statute of ICJ): These writings are also considered as subsidiary means for determining the rules of international law.
  • General principles of law recognised by civilised nations: These principles are used when there is no treaty or customary international law applicable to a case.

Additional Information

  • Community customary laws:
  • Community customary laws are not recognized as a source of international law under Article 38 of the Statute of the International Court of Justice.
  • Customary international law, however, is a source of international law, which arises from consistent and general practice of states followed by them out of a sense of legal obligation.

Question 48

Nuisance is the interference with the person's right related to:

  1. AOption (a)

    Possession

  2. BOption (b)

    Leave and License

  3. COption (c)

    Use and enjoyment of land

  4. DOption (d)

    Ownership

View answer & explanation

Correct answer

Answer: (c)C.

Use and enjoyment of land

Why this answer is correct

The correct answer is 'Use and enjoyment of land'

Key Points

  • Nuisance in Law:
  • Nuisance is a legal term referring to an act that unlawfully interferes with the use and enjoyment of someone’s land.
  • It can be either public, affecting a community or neighborhood, or private, affecting an individual.
  • The interference must be substantial and unreasonable for it to qualify as a nuisance.
  • Use and Enjoyment of Land:
  • This refers to the right of a landowner or occupier to use their property without undue interference.
  • Nuisance directly impacts this right by causing disturbances like noise, pollution, or odors that can diminish the quality of life.

Additional Information

  • Possession:
  • Possession refers to having physical control over a property. Nuisance does not directly interfere with possession but rather with the use of the property.
  • Leave and License:
  • Leave and license involve permission granted by the property owner to another party to use the property for a specific purpose. Nuisance affects the property’s use rather than these legal agreements.
  • Ownership:
  • Ownership is the legal right to possess, use, and dispose of property. Nuisance impacts the enjoyment of property rather than ownership itself.

Question 49

Which of the following are offences against public tranquility as per Indian Penal Code, 1860?

A. Counterfeiting coin

B. Unlawful Assembly

C. Sedition

D. Rioting

E. Affray

Choose the correct answer from the options given below:

  1. AOption (a)

    B, C, D only

  2. BOption (b)

    A, B, D only

  3. COption (c)

    B, D, E only

  4. DOption (d)

    A, C, E only

View answer & explanation

Correct answer

Answer: (c)C.

B, D, E only

Why this answer is correct

The correct answer is 3.

Key PointsOffences against public tranquility under IPC

  • Unlawful Assembly
  • As per Section 141 of the Indian Penal Code, an assembly of five or more persons is designated an "unlawful assembly" if the common object of the persons composing that assembly is to commit any offence or to resist the execution of any law or legal process. Hence statement B is correct.
  • Rioting
  • Rioting is defined under Section 146 of the Indian Penal Code. Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting. Hence statement D is correct.
  • Affray
  • Section 159 of the Indian Penal Code defines an affray as when two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an affray. Hence statement E is correct.

Additional Information

  • Counterfeiting coin
  • This is an offence against property and is covered under Sections 232-234 of the Indian Penal Code. It is not an offence against public tranquility. Hence statement A is incorrect.
  • Sedition
  • Sedition is covered under Section 124A of the Indian Penal Code. It relates to acts that incite discontent or rebellion against the government, and is not classified under offences against public tranquility. Hence statement C is incorrect.

Question 50

In which of the following case it was held that the Preamble of the Constitution emphasises the need to secure to all its citizens Justice, Liberty, Equality and Fraternity?

  1. AOption (a)

    Kesavanand Bharti v. State of Kerala

  2. BOption (b)

    K. S. Puttaswamy v. UOI

  3. COption (c)

    National Legal Series Authority v. Union of India

  4. DOption (d)

    E. P. Royappa v. State of T.N

View answer & explanation

Correct answer

Answer: (a)A.

Kesavanand Bharti v. State of Kerala

Why this answer is correct

The correct answer is 1.

Key PointsCase Law Analysis

  • Kesavananda Bharati v. State of Kerala
  • This landmark case in 1973 established the doctrine of the basic structure of the Constitution.
  • The Supreme Court held that the Preamble of the Constitution emphasises the need to secure to all its citizens Justice, Liberty, Equality, and Fraternity.
  • Hence, statement 1 is correct.
  • K. S. Puttaswamy v. Union of India
  • This case, decided in 2017, recognized the right to privacy as a fundamental right under the Indian Constitution.
  • It did not specifically address the Preamble's emphasis on Justice, Liberty, Equality, and Fraternity.
  • Hence, statement 2 is incorrect.
  • National Legal Services Authority v. Union of India
  • This 2014 judgment recognized the rights of transgender persons and directed the government to treat them as a 'third gender'.
  • While it advanced the principle of equality, it did not specifically discuss the Preamble's emphasis on Justice, Liberty, Equality, and Fraternity.
  • Hence, statement 3 is incorrect.
  • E. P. Royappa v. State of Tamil Nadu
  • This 1974 case is known for its contribution to the concept of equality under Article 14 of the Constitution.
  • However, it did not specifically address the Preamble's emphasis on Justice, Liberty, Equality, and Fraternity.
  • Hence, statement 4 is incorrect.

Additional Information

  • Kesavananda Bharati Case
  • This case is considered a milestone in Indian constitutional history as it established the supremacy of the Constitution and its basic structure.
  • The Preamble was referred to as the guiding light and the philosophy of the Constitution, highlighting the need to secure Justice, Liberty, Equality, and Fraternity for all citizens.

Important Points The official answer key states Option 2 i.e K. S. Puttaswamy v. Union of India as correct answer.

Question 51

Convention on Biodiversity was signed at which International conference / Summit?

  1. AOption (a)

    Paris Climate Conference

  2. BOption (b)

    Stockholm Conference

  3. COption (c)

    Rio Earth Summit

  4. DOption (d)

    Hague Conference

View answer & explanation

Correct answer

Answer: (c)C.

Rio Earth Summit

Why this answer is correct

The Convention on Biodiversity was signed at the Rio Earth Summit

Key Points

  • Rio Earth Summit:
  • The Rio Earth Summit, also known as the United Nations Conference on Environment and Development (UNCED), was held in Rio de Janeiro, Brazil, in 1992.
  • The Convention on Biological Diversity (CBD) was one of the major agreements opened for signature at this summit.
  • The CBD is a multilateral treaty with three main goals: the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of benefits arising from genetic resources.
  • This convention is considered a landmark in the field of environmental conservation and sustainable development.

Additional Information

  • Paris Climate Conference:
  • The Paris Climate Conference, also known as COP21, was held in 2015 and led to the Paris Agreement, which focuses on climate change mitigation, adaptation, and finance.
  • It did not address the Convention on Biodiversity.
  • Stockholm Conference:
  • The Stockholm Conference, also known as the United Nations Conference on the Human Environment, was held in Stockholm, Sweden, in 1972.
  • It focused on environmental issues but did not result in the Convention on Biodiversity.
  • Hague Conference:
  • The Hague Conference generally refers to a series of international conferences focusing on international law and the laws of war, not specifically related to the Convention on Biodiversity.
  • It is not associated with environmental treaties like the CBD.

Question 52

Contributory negligence is a/an:

  1. AOption (a)

    Obligation

  2. BOption (b)

    Crime

  3. COption (c)

    Defence

  4. DOption (d)

    Right

View answer & explanation

Correct answer

Answer: (c)C.

Defence

Why this answer is correct

The correct answer is 'Defence'

Key Points

  • Contributory negligence:
  • Contributory negligence is a legal concept used as a defence in tort law.
  • It occurs when a plaintiff (the person bringing the claim) is found to have, through their own negligence, contributed to the harm they suffered.
  • This defence can reduce or even eliminate the liability of the defendant if it is proven that the plaintiff's own actions were a substantial factor in causing the harm.
  • The rationale behind this defence is that individuals have a duty to act reasonably to protect themselves from harm.

Additional Information

  • Obligation:
  • An obligation is a duty or commitment. It is not related to the concept of contributory negligence, which is a defence mechanism in legal proceedings.
  • Crime:
  • A crime is an act punishable by law, typically considered an offence against the public or state. Contributory negligence is not classified as a crime.
  • Right:
  • A right is a legal entitlement to have or do something. Contributory negligence does not fit into this category as it is used as a defence in legal cases.

Question 53

Arrange the following legislations in the chronological order of their enactment.

A. Indian Divorce Act

B. Parsi Marriage and Divorce Act

C. Dissolution of Muslim Marriage Act

D. Special Marriage Act

Choose the correct answer from the options given below:

  1. AOption (a)

    B, A, D, C

  2. BOption (b)

    A, B, C, D

  3. COption (c)

    C, B, D, A

  4. DOption (d)

    A, D, B, C

View answer & explanation

Correct answer

Answer: (b)B.

A, B, C, D

Why this answer is correct

The correct answer is Option 2.

Key Points

Chronological Arrangement of the Legislations:

  • The legislations related to marriage and divorce in India have been enacted over different time periods. The chronological order is important to understand the evolution of legal provisions in this area.
  1. Indian Divorce Act (1869):
  • This Act was enacted to amend the law relating to the divorce of persons professing the Christian religion and to confer jurisdiction upon certain Courts with respect to matrimonial causes.
  1. Parsi Marriage and Divorce Act (1936):
  • This Act was enacted to regulate the marriages and divorce among the Parsi community in India.
  1. Dissolution of Muslim Marriage Act (1939):
  • This Act was enacted to consolidate and clarify the provisions of Muslim law regarding the status of married Muslim women and to provide for the dissolution of their marriages.
  1. Special Marriage Act (1954):
  • This Act was enacted to provide a special form of marriage for the people of India and all Indian nationals in foreign countries, irrespective of the religion or faith followed by either party.

Conclusion:

  • The correct chronological order of the enactment of these legislations is:
  • A. Indian Divorce Act (1869)
  • B. Parsi Marriage and Divorce Act (1936)
  • C. Dissolution of Muslim Marriage Act (1939)
  • D. Special Marriage Act (1954)

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

Question 54

In which of the following Judgement, the Supreme Court has held that the Exception 2 to Section 375 IPC is violative of the right of girl child below 18 years?

  1. AOption (a)

    Navtej Singh Johar v. Union of India

  2. BOption (b)

    Prahlad v. State of Haryana

  3. COption (c)

    Arnesh Kumar v. State of Bihar

  4. DOption (d)

    Independent Thought v. Union of India

View answer & explanation

Correct answer

Answer: (d)D.

Independent Thought v. Union of India

Why this answer is correct

The correct answer is 4.

Key PointsSupreme Court Judgements on Section 375 IPC

  • Navtej Singh Johar v. Union of India
  • This landmark judgement decriminalized consensual homosexual acts between adults under Section 377 of the Indian Penal Code (IPC).
  • This judgement does not pertain to Section 375 IPC. Hence statement 1 is incorrect.
  • Prahlad v. State of Haryana
  • This case dealt with issues related to criminal law but did not specifically address Section 375 IPC or the rights of girl children below 18 years.
  • Hence statement 2 is incorrect.
  • Arnesh Kumar v. State of Bihar
  • This judgement provided guidelines to prevent unnecessary arrests in cases under Section 498A IPC, which pertains to cruelty to women by their husbands or relatives.
  • This judgement is not related to Section 375 IPC. Hence statement 3 is incorrect.
  • Independent Thought v. Union of India
  • This landmark judgement held that Exception 2 to Section 375 IPC, which allowed marital rape of a girl child between 15 and 18 years of age, is violative of the rights of girl children and therefore unconstitutional.
  • Hence statement 4 is correct.

Additional Information

  • Section 375 IPC
  • Section 375 of the Indian Penal Code defines the offence of rape and its various exceptions.
  • Exception 2 to Section 375 IPC previously allowed for the marital rape of a girl child between 15 and 18 years of age, which has now been declared unconstitutional by the Supreme Court in the Independent Thought case.

Question 55

Match the List-I with List-II

LIST I
Rule
LIST II
Explanation
ARule of Foreseeability TestI.Two or more person combine to injure a third party by unlawful mean
BRule of ProximityII.Re Polemis
CTort of ConspiracyIII.Negligence
DTest of DirectnessIV.Wagnamound No 1 case
<br>

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (a)A.

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

Why this answer is correct

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

Key Points

Here is the correct match of Rules with their respective Explanation:

  1. A. Rule of Foreseeability Test → IV. Wagon Mound No. 1 case
  • The rule of foreseeability was established in the Wagon Mound No. 1 case. It states that liability is limited to damages that are reasonably foreseeable.
  1. B. Rule of Proximity → III. Negligence
  • Proximity is a key element in establishing a duty of care in negligence cases. It refers to the closeness or relationship between the defendant and the claimant, determining whether a duty of care exists.
  1. C. Tort of Conspiracy → I. Two or more persons combine to injure a third party by unlawful means
  • The tort of conspiracy involves two or more persons agreeing to use unlawful means to harm a third party.
  1. D. Test of Directness → II. Re Polemis
  • The test of directness, from the Re Polemis case, holds that a defendant is liable for all direct consequences of their negligent actions, regardless of whether they were foreseeable.

Question 56

In which year Limited Liability Partnership Rules of Third Amendment come up?

  1. AOption (a)

    2023

  2. BOption (b)

    2021

  3. COption (c)

    1930

  4. DOption (d)

    2008

View answer & explanation

Correct answer

Answer: (a)A.

2023

Why this answer is correct

The correct answer is '2023'

Key Points

  • Limited Liability Partnership (LLP) Third Amendment Rules 2023:
  • The Limited Liability Partnership (LLP) Third Amendment Rules were introduced in 2023 to further streamline the regulatory framework for LLPs in India.
  • This amendment aimed to simplify the compliance requirements and enhance the ease of doing business for LLPs.
  • The changes included modifications in the procedure for incorporation, filing of annual returns, and other compliance-related aspects.

Additional Information

  • Other options:
  • 2021: While there were amendments to the LLP rules in 2021, the third amendment specifically came up in 2023.
  • 1930: This year is not relevant to the LLP rules as the LLP Act itself was enacted in 2008.
  • 2008: The LLP Act was enacted in 2008, but the third amendment rules were introduced much later, in 2023.

Question 57

Which of the following is correct as per the Motor Vehicles Act, 1988?

A. Section 140 of the Motor Vehicles Act, 1988 deals with the principle of No Fault Liability

B. United Indian Insurance Ltd v. Karamchand (2011) deals with third parties

C. Doctrine of pay and recover is covered under Section 149 of the Motor Vehicles Act, 1988

D. As per Section 173 of Motor Vehicles Act, 1988, an appeal to High Court from the award of Motor Accident Claim Tribunal to be preferred within 60 days from the date of the award.

Choose the correct answer from the options given below:

  1. AOption (a)

    A, C and D only

  2. BOption (b)

    A, B and C only

  3. COption (c)

    B, C and D only

  4. DOption (d)

    A, B and D only

View answer & explanation

Correct answer

Answer: (b)B.

A, B and C only

Why this answer is correct

The correct answer is 1)A, C and D only.

Key PointsExplanation of Statements as per the Motor Vehicles Act, 1988

  • Section 140 of the Motor Vehicles Act, 1988
  • Deals with the principle of No Fault Liability. Hence statement A is correct.
  • United Indian Insurance Ltd v. Karamchand (2011)
  • This case deal with third parties in the context provided. Hence statement B is correct.
  • Section 149 of the Motor Vehicles Act, 1988
  • Covers the doctrine of pay and recover. Hence statement C is correct.
  • Section 173 of the Motor Vehicles Act, 1988
  • States that an appeal to the High Court from the award of the Motor Accident Claim Tribunal must be preferred within 90 days from the date of the award. Hence statement D is incorrect.

Question 58

After declaration of financial emergency what is the maximum period of its operation without approval of Parliament?

  1. AOption (a)

    One month

  2. BOption (b)

    Two months

  3. COption (c)

    Six months

  4. DOption (d)

    One year

View answer & explanation

Correct answer

Answer: (b)B.

Two months

Why this answer is correct

The correct answer is 'Two months'

Key Points

  • Financial Emergency in India:
  • Article 360 of the Indian Constitution provides for the proclamation of a Financial Emergency.
  • It can be declared by the President of India if they are satisfied that the financial stability or credit of India or any part of its territory is threatened.
  • Once proclaimed, the Financial Emergency continues in operation for two months unless it is approved by resolutions of both Houses of Parliament.
  • During this period, the executive authority of the Union acquires extensive control over the finances of the states.

Additional Information

  • One month:
  • This period is incorrect as the Constitution specifically mentions a two-month period for the Financial Emergency to operate without parliamentary approval.
  • Six months:
  • This option is incorrect because the initial period for a Financial Emergency is two months, not six months.
  • One year:
  • One year is incorrect as the specified period without parliamentary approval is two months, not one year.

Question 59

Match the List-I with List-II

LIST I
Titles of Books
LIST II
Authors
APublic International Law in NutshellI.J. L Taulbee and GV Glahn
BLaw among Nations: An Introduction to Public International LawII.Martin Dixon
CPrinciples of Public International LawIII.Thomas Buergenthal and Sean D Murphy
DText Book on International LawIV.Ian Brownlie
<br>

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

    A-I, B-III, 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 option is 'A-III, B-I, C-IV, D-II'.

Key Points

Here’s the correct match of Titles of Books with their respective Authors:

  1. A. Public International Law in Nutshell → III. Thomas Buergenthal and Sean D Murphy
  • This book is authored by Thomas Buergenthal and Sean D Murphy, providing a concise overview of public international law.
  1. B. Law among Nations: An Introduction to Public International Law → I. J.L. Taulbee and G.V. Glahn
  • This comprehensive text, authored by J.L. Taulbee and G.V. Glahn, is an introduction to the principles of public international law.
  1. C. Principles of Public International Law → IV. Ian Brownlie
  • Authored by Ian Brownlie, this book is a seminal text offering detailed insights into the principles of public international law.
  1. D. Textbook on International Law → II. Martin Dixon
  • Martin Dixon authored this textbook, which provides an accessible introduction to international law.

Question 60

The contents of an electronic record may be proved under which of the following sections of Indian Evidence Act, 1872?

  1. AOption (a)

    Section 65 A

  2. BOption (b)

    Section 65 B

  3. COption (c)

    Section 66

  4. DOption (d)

    Sections 61 and 53

View answer & explanation

Correct answer

Answer: (b)B.

Section 65 B

Why this answer is correct

The correct answer is Section 65 B of the Indian Evidence Act, 1872.

Key Points

  • Section 65 B of the Indian Evidence Act, 1872:
  • Section 65 B deals with the admissibility of electronic records as evidence in a court of law.
  • This section provides that any information contained in an electronic record is deemed to be a document and is admissible in evidence, provided certain conditions are satisfied.
  • The conditions include that the computer from which the record is generated must be in regular use, and the information must be regularly fed into the computer.
  • This section ensures that electronic records are treated on par with traditional paper documents in legal proceedings.

Additional Information

  • Section 65 A:
  • Section 65 A simply states that the contents of electronic records may be proved in accordance with the provisions of Section 65 B.
  • It does not independently provide a detailed method for proving electronic records but refers to Section 65 B for the specifics.
  • Section 66:
  • Section 66 deals with the rules for providing secondary evidence of the contents of documents, which is different from electronic records.
  • This section is not specifically designed for electronic records and thus is not applicable in this context.
  • Sections 61 and 53:
  • Section 61 deals with the proof of contents of documents by primary or secondary evidence but does not specifically address electronic records.
  • Section 53 pertains to the relevance of character evidence, which is unrelated to the proof of electronic records.

Question 61

Match the List-I with List-II

LIST I
Concept
LIST II
Section of Relevant Act
AUnpaid sellerI.S.16 of Sale of Goods Act, 1930
BCaveat emptor and its exceptionsII.S.45 of Sale of Goods Act, 1930
CMinor admitted to benefits of partnershipIII.S.30 of Indian Partnership Act, 1932
DRegistration of partnershipIV.S.69 of Partnership Act, 1932
<br>

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (a)A.

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

Why this answer is correct

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

Key Points

  • Unpaid seller (A - II: S.45 of Sale of Goods Act, 1930)
  • The unpaid seller is defined under Section 45 of the Sale of Goods Act, 1930.
  • An unpaid seller is a person to whom the whole of the price has not been paid or tendered.
  • Caveat emptor and its exceptions (B - I: S.16 of Sale of Goods Act, 1930)
  • Caveat emptor means "let the buyer beware".
  • Section 16 of the Sale of Goods Act, 1930, deals with the principle of caveat emptor and its exceptions.
  • Minor admitted to benefits of partnership (C - III: S.30 of Indian Partnership Act, 1932)
  • Section 30 of the Indian Partnership Act, 1932, deals with minors being admitted to the benefits of partnership.
  • A minor can be admitted to the benefits of an existing partnership with the consent of all the partners.
  • Registration of partnership (D - IV: S.69 of Partnership Act, 1932)
  • Section 69 of the Indian Partnership Act, 1932, deals with the registration of firms.
  • It specifies the procedure and implications of registering a partnership firm.

Therefore the correct pairing is:

A - II: Unpaid seller - S.45 of Sale of Goods Act, 1930

B - I: Caveat emptor and its exceptions - S.16 of Sale of Goods Act, 1930

C - III: Minor admitted to benefits of partnership - S.30 of Indian Partnership Act, 1932

D - IV: Registration of partnership - S.69 of Partnership Act, 1932

Question 62

Which of the following are functions of Controller of Certifying Authorities under the Information Technology Act, 2000?

A. Exercising supervision over the activities of the Certifying Authorities

B. Certifying public keys of the Certifying Authorities

C. Laying down standards to be maintained by Certifying Authorities

D. Summon and enforcing attendance of any subscriber and examining him on oath

E. Facilitation of the establishment of any electronic system by a certifying authority

Choose the correct answer from the options given below:

  1. AOption (a)

    B, C, D, E only

  2. BOption (b)

    A, B, C only

  3. COption (c)

    A, B, C, D 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 4.

Key PointsFunctions of Controller of Certifying Authorities under the Information Technology Act, 2000:

  • A. Exercising supervision over the activities of the Certifying Authorities
  • The Controller of Certifying Authorities is responsible for overseeing the operations and activities of the certifying authorities to ensure compliance with the provisions of the Information Technology Act, 2000. Hence statement A is correct.
  • B. Certifying public keys of the Certifying Authorities
  • The Controller is tasked with certifying the public keys used by certifying authorities to ensure their authenticity and reliability. Hence statement B is correct.
  • C. Laying down standards to be maintained by Certifying Authorities
  • The Controller sets the standards and practices that certifying authorities must follow to maintain their certification status. Hence statement C is correct.
  • D. Summon and enforcing attendance of any subscriber and examining him on oath
  • This function is not typically associated with the Controller of Certifying Authorities. It is more related to judicial or quasi-judicial functions. Hence statement D is incorrect.
  • E. Facilitation of the establishment of any electronic system by a certifying authority
  • The Controller may facilitate the setup and maintenance of electronic systems by certifying authorities to ensure seamless and secure digital transactions. Hence statement E is correct.

Additional Information

  • Certifying Authorities
  • Certifying Authorities (CAs) are entities that issue digital certificates to verify the identity of individuals and organizations engaging in online transactions.
  • The Controller of Certifying Authorities ensures that CAs adhere to the standards and guidelines prescribed under the Information Technology Act, 2000.
  • Digital Certificates
  • Digital certificates are electronic documents used to prove the ownership of a public key. They are essential for secure communication and transactions over the internet.
  • The Controller certifies the public keys of CAs to ensure the integrity and trustworthiness of digital certificates issued.

Question 63

Arrange the following in chronological order (section wise) as stated in Motor Vehicles Act, 1988.

A. Procedure and Power of Claim Tribunal

B. Award of Claim Tribunal

C. Claim Tribunals

D. Application for compensation

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, C, D

  2. BOption (b)

    A, C, B, D

  3. COption (c)

    C, D, B. A

  4. DOption (d)

    C, B, A, D

View answer & explanation

Correct answer

Answer: (c)C.

C, D, B. A

Why this answer is correct

The correct answer is Option 3.

Key Points

Chronological Arrangement of Sections under the Motor Vehicles Act, 1988:

  • The Motor Vehicles Act, 1988, organizes provisions related to claim tribunals and procedures in a specific order.
  1. Claim Tribunals (Section 165):
  • Establishes the constitution of claim tribunals for adjudicating upon claims for compensation in respect of accidents involving motor vehicles.
  1. Application for Compensation (Section 166):
  • Outlines the procedure for filing an application for compensation to the tribunal.
  1. Award of Claim Tribunal (Section 168):
  • Details the process and criteria for the tribunal to make an award for compensation.
  1. Procedure and Power of Claim Tribunal (Section 169):
  • Defines the procedural aspects and powers of the claim tribunal during the adjudication process.

Conclusion:

  • The correct chronological order as per the sections of the Motor Vehicles Act, 1988, is:
  • C. Claim Tribunals (Section 165)
  • D. Application for Compensation (Section 166)
  • B. Award of Claim Tribunal (Section 168)
  • A. Procedure and Power of Claim Tribunal (Section 169)

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

Question 64

Identify the Common Law maxims concerning the Double Jeopardy.

A. Nemo bis punitur pro eodem delicto

B. Ex turpi Causa non oritur actio

C. Nemo bis vexari debet pro eadem causa

D. Novus actus interveniens

E. Nemo debet bis puniri pro uno delicto

Choose the correct answer from the options given below:

  1. AOption (a)

    B, C, D only

  2. BOption (b)

    A, C, E only

  3. COption (c)

    B, D, E 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 2.

Key PointsCommon Law maxims concerning the Double Jeopardy

  • Nemo bis punitur pro eodem delicto
  • This maxim means "No one can be punished twice for the same offence." This is a principle of double jeopardy. Hence statement A is correct.
  • Nemo bis vexari debet pro eadem causa
  • This maxim means "No one should be vexed twice for the same cause." This also relates to the principle of double jeopardy. Hence statement C is correct.
  • Nemo debet bis puniri pro uno delicto
  • This maxim means "No one ought to be punished twice for one offence." This is another expression of the principle of double jeopardy. Hence statement E is correct.

Additional Information

  • Ex turpi Causa non oritur actio
  • This maxim means "No action arises from a base cause." It is not related to double jeopardy.
  • Novus actus interveniens
  • This maxim means "A new intervening act." It is not related to double jeopardy.

Question 65

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

A. Budapest Treaty on International Recognition of the Deposit of micro organism

B. Hague Agreement concerning the International Registration of Industrial Design

C. WIPO Copyright Treaty

D. Paris Convention for the Protection of Industrial Property

Choose the correct answer from the options given below:

  1. AOption (a)

    A, C, B. D

  2. BOption (b)

    D, B, A, C

  3. COption (c)

    B, A, D, C

  4. DOption (d)

    D, A, B, C

View answer & explanation

Correct answer

Answer: (b)B.

D, B, A, C

Why this answer is correct

The correct answer is Option 2.

Key Points

Chronological Arrangement of International Treaties / Conventions:

  • International Treaties and Conventions are critical legal instruments for global cooperation and protection in various domains.
  1. Paris Convention for the Protection of Industrial Property (1883):
  • The Paris Convention is one of the first intellectual property treaties, which applies to industrial property in the widest sense, including patents, trademarks, industrial designs, utility models, service marks, trade names, and geographical indications.
  1. Hague Agreement concerning the International Registration of Industrial Design (1925):
  • The Hague Agreement allows the protection of industrial designs in multiple countries through a single application filed with the World Intellectual Property Organization (WIPO).
  1. Budapest Treaty on the International Recognition of the Deposit of Microorganisms (1977):
  • This treaty is an international agreement that allows for the deposit of microorganisms for patent purposes to be recognized by any contracting state.
  1. WIPO Copyright Treaty (1996):
  • The WIPO Copyright Treaty provides additional protections for authors in the digital environment, complementing the Berne Convention for the Protection of Literary and Artistic Works.

Conclusion:

  • The correct chronological order of the given treaties and conventions is:
  • D. Paris Convention for the Protection of Industrial Property (1883)
  • B. Hague Agreement concerning the International Registration of Industrial Design (1925)
  • A. Budapest Treaty on the International Recognition of the Deposit of Microorganisms (1977)
  • C. WIPO Copyright Treaty (1996)

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

Question 66

Constitution of India confers original and exclusive jurisdiction on the Supreme Court in cases where there is a dispute:

A. Between two or more states

B. Dispute arising out any treaty entered into or executed before the commencement of the Constitution

C. Between Union Govt and one or more states

D. Between Union Govt and any states on one side and one or more states on the other

E. Dispute arising out of substantial question of law of general importance

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, C only

  2. BOption (b)

    C, D, E only

  3. COption (c)

    B, C, D, E only

  4. DOption (d)

    A, C, D only

View answer & explanation

Correct answer

Answer: (d)D.

A, C, D only

Why this answer is correct

The correct answer is 4.

Key PointsConstitution of India confers original and exclusive jurisdiction on the Supreme Court in cases where there is a dispute:

  • Between two or more states:
  • The Supreme Court has original jurisdiction in any dispute between two or more states of the Union. Hence statement A is correct.
  • Between Union Govt and one or more states:
  • The Supreme Court has original jurisdiction in any dispute between the Government of India and one or more states. Hence statement C is correct.
  • Between Union Govt and any states on one side and one or more states on the other:
  • The Supreme Court has original jurisdiction in any dispute between the Government of India and any state or states on one side and one or more other states on the other. Hence statement D is correct.

Additional Information

  • Dispute arising out any treaty entered into or executed before the commencement of the Constitution:
  • This is not under the original and exclusive jurisdiction of the Supreme Court.
  • Dispute arising out of substantial question of law of general importance:
  • This is also not under the original and exclusive jurisdiction of the Supreme Court.

Question 67

Match the List-I with List-II

LIST I
IPR Treaties and Agreements
LIST II
Corresponding subject matter
AStrasbourg AgreementI.Trademark
BNice AgreementII.Audio-visual performance
CBeijing TreatyIII.International Patent classification
DSingapore TreatyIV.International classification of Goods
<br>

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-I, C-III, D-IV

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (d)D.

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

Why this answer is correct

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

Key Points

  • Strasbourg Agreement - International Patent classification.
  • The Strasbourg Agreement establishes an international classification for patents for inventions, known as the International Patent Classification (IPC).
  • The classification is used to organize patent documents according to the different areas of technology to which they pertain.
  • Nice Agreement - International classification of Goods.
  • The Nice Agreement establishes a classification of goods and services for the purposes of registering trademarks and service marks (the Nice Classification).
  • It is used by national and international trademark offices for the classification of goods and services.
  • Beijing Treaty - Audio-visual performance.
  • The Beijing Treaty on Audiovisual Performances deals with the intellectual property rights of performers in audiovisual performances.
  • This treaty grants performers economic rights in their performances fixed in audiovisual fixations (such as films).
  • Singapore Treaty - Trademark.
  • The Singapore Treaty on the Law of Trademarks harmonizes and simplifies trademark registration procedures.
  • It provides a maximum list of requirements that Contracting Parties may impose on trademark applicants, ensuring streamlined and user-friendly trademark registration processes.

Therefore the correct pairing is:

A - III: Strasbourg Agreement - International Patent classification

B - IV: Nice Agreement - International classification of Goods

C - II: Beijing Treaty - Audio-visual performance

D - I: Singapore Treaty - Trademark

Question 68

Arrange the following General Exceptions in the Indian Penal Code in the chronological order of their appearance in IPC.

A. Act done in good faith for the benefit of child by the consent of guardian

B. Act done in good faith for the benefit of person without consent

C. Communication made in good faith

D. Act to which a person is compelled by threats

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, C, D

  2. BOption (b)

    C, D, B, A

  3. COption (c)

    A, B, D, C

  4. DOption (d)

    C, D, A, B

View answer & explanation

Correct answer

Answer: (a)A.

A, B, C, D

Why this answer is correct

The correct answer is Option 1.

Key Points

Chronological Arrangement of General Exceptions in the Indian Penal Code:

  • The Indian Penal Code (IPC) contains various general exceptions that are organized in a specific order within the code.
  1. Act done in good faith for the benefit of child by the consent of guardian (Section 89):
  • This section provides immunity for acts done in good faith for the benefit of a child under twelve years of age or a person of unsound mind, with the consent of the guardian.
  1. Act done in good faith for the benefit of person without consent (Section 92):
  • This section provides immunity for acts done in good faith for the benefit of a person without that person's consent.
  1. Communication made in good faith (Section 93):
  • This section provides immunity for communications made in good faith to a person for their benefit.
  1. Act to which a person is compelled by threats (Section 94):
  • This section provides immunity for acts done under compulsion of threats that cause the person to believe that they will be instantly hurt if they do not commit the act.

Conclusion:

  • The correct chronological order as per the sections of the Indian Penal Code is:
  • A. Act done in good faith for the benefit of child by the consent of guardian (Section 89)
  • B. Act done in good faith for the benefit of person without consent (Section 92)
  • C. Communication made in good faith (Section 93)
  • D. Act to which a person is compelled by threats (Section 94)

Therefore, the correct answer is Option 1: A, B, C, D.

Question 69

Which of the following kind of IPR is regarded as community property?

  1. AOption (a)

    Industrial Designs

  2. BOption (b)

    Copyright

  3. COption (c)

    Patents

  4. DOption (d)

    Geographical Indications

View answer & explanation

Correct answer

Answer: (d)D.

Geographical Indications

Why this answer is correct

The correct answer is 'Geographical Indications'

Key Points

  • Geographical Indications:
  • Geographical Indications (GIs) are a type of intellectual property right (IPR) that identifies a product as originating from a specific place, where a given quality, reputation, or other characteristic of the product is essentially attributable to its geographical origin.
  • Examples include Darjeeling tea, Champagne, and Roquefort cheese.
  • GIs are regarded as community property because they protect the collective interests of the producers in a specific region rather than an individual or company.

Additional Information

  • Industrial Designs:
  • Industrial designs refer to the ornamental or aesthetic aspects of an article, including its shape, pattern, or color.
  • They protect the visual design of objects that are not purely utilitarian.
  • Unlike GIs, industrial designs are typically owned by individuals or companies, not communities.
  • Copyright:
  • Copyright protects original works of authorship, such as literary, musical, and artistic works.
  • It grants the creator of the work exclusive rights to its use and distribution, typically for a limited time.
  • Copyright is individual property, not community property.
  • Patents:
  • Patents protect inventions and grant the patent holder exclusive rights to use and commercialize the invention for a certain period, usually 20 years.
  • Patents are owned by individuals or companies and are not considered community property.

Question 70

Which of the following is undefined in the International Convention on the “Protection of the Rights of all Migrant Workers and Members of their Family, 1990"?

  1. AOption (a)

    Migrant worker

  2. BOption (b)

    Unorganised worker

  3. COption (c)

    Seasonal worker

  4. DOption (d)

    Frontier worker

View answer & explanation

Correct answer

Answer: (b)B.

Unorganised worker

Why this answer is correct

The correct answer is 'Unorganised worker'

Key Points

  • International Convention on the "Protection of the Rights of all Migrant Workers and Members of their Family, 1990":
  • This convention was adopted by the United Nations to protect the rights of migrant workers and their families, recognizing their contributions to both their home and host countries.
  • The convention defines various categories of workers, ensuring their rights and protection under international law.
  • Unorganised worker:
  • The term "unorganised worker" is not defined within the convention, making it the correct answer.
  • The convention primarily focuses on migrant workers and their families, not differentiating between organised and unorganised workers.
  • Migrant worker:
  • Defined in the convention as a person engaged in a remunerated activity in a state of which they are not a national.
  • It covers various types of migrant workers including those in regular and irregular situations.
  • Seasonal worker:
  • Defined in the convention as a migrant worker whose work by its character is dependent on seasonal conditions and is performed only during part of the year.
  • Frontier worker:
  • Defined in the convention as a migrant worker who retains habitual residence in a neighboring state to which they normally return every day or at least once a week.

Additional Information

  • Importance of the Convention:
  • The convention is significant as it sets out a comprehensive framework for the protection of the rights of migrant workers and their families.
  • It addresses issues such as non-discrimination, humane working and living conditions, and the right to family reunification.
  • Implementation:
  • Countries that ratify the convention are required to align their national laws with its provisions, ensuring the rights and protections it offers are upheld.
  • Despite its importance, the convention has seen limited ratification, particularly among migrant-receiving countries.

Question 71

Arrange the following steps as per the law making process of UK parliament.

A. First and second reading

B. Royal Assent

C. Consideration of Amendments

D. Committee Stage

E. Report Stage

Choose the correct answer from the options given below:

  1. AOption (a)

    A, E, D, C, B

  2. BOption (b)

    A, D, C, E, B

  3. COption (c)

    A, D, E, C, B

  4. DOption (d)

    D, A, E, C, B

View answer & explanation

Correct answer

Answer: (c)C.

A, D, E, C, B

Why this answer is correct

The correct answer is Option 3.

Key Points

Law Making Process in the UK Parliament:

  • The law making process in the UK Parliament follows a structured sequence of stages that a bill must pass through before becoming a law.
  1. First and Second Reading:
  • The bill is introduced and its general principles are debated during the first reading. The second reading is where the main debate on the bill's principles takes place, and a vote is held.
  1. Committee Stage:
  • The bill is examined in detail by a committee of Members of Parliament (MPs) or Lords. Amendments can be made to the bill at this stage.
  1. Report Stage:
  • The bill, with any amendments made during the committee stage, is considered. Further examination and potential amendments can be made.
  1. Consideration of Amendments:
  • Both Houses must agree on the final content of the bill. If one House makes amendments, the other House must consider them.
  1. Royal Assent:
  • Once both Houses have agreed on the final version of the bill, it is sent to the monarch for approval. Once the Royal Assent is given, the bill becomes law.

Conclusion:

  • The correct chronological order of the law making process in the UK Parliament is:
  • A. First and Second Reading
  • D. Committee Stage
  • E. Report Stage
  • C. Consideration of Amendments
  • B. Royal Assent

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

Question 72

Inland Instrument means:-

A. Instrument drawn or made in India

B. Instrument made payable in India

C. Instrument drawn upon any person resident in India

D. Instrument that is passed by Indian Parliament

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, C, D only

  4. DOption (d)

    B, A, D only

View answer & explanation

Correct answer

Answer: (a)A.

A, B, C only

Why this answer is correct

The correct answer is 1.

Key PointsUnderstanding Inland Instruments

  • Option A: Instrument drawn or made in India
  • This option correctly identifies an inland instrument as one that is created within the geographical boundaries of India. Hence, this statement is correct.
  • Option B: Instrument made payable in India
  • This option also correctly identifies an inland instrument as one that is meant to be paid within India. Hence, this statement is correct.
  • Option C: Instrument drawn upon any person resident in India
  • This option correctly identifies an inland instrument as one that is drawn on a person residing in India. Hence, this statement is correct.
  • Option D: Instrument that is passed by Indian Parliament
  • This option incorrectly identifies an inland instrument. The term does not refer to legislation passed by the Indian Parliament. Hence, this statement is incorrect.

Additional Information

  • Definition of Inland Instrument
  • An inland instrument is typically one that is drawn, made, or payable within the geographical boundaries of a particular country, in this case, India.
  • It is crucial to distinguish between instruments made within the country and those that involve international transactions.

Based on the explanations above:

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

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

Question 73

Match the List-I with List-II

LIST I
Jurist
LIST II
Theory
ARoscoe PoundI.Life of the Law has not been logic it has been experience
BOliver Wendell HolmesII.Law is uncertain and certainty of law is a legal myth
CIheringIII.End of Law should be to satisfy a maximum of wants with minimum of friction
DJerome FrankIV.Law is part of human conduct and in the idea of purpose
<br>

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (a)A.

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

Why this answer is correct

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

Key Points

  • Roscoe Pound - III: End of Law should be to satisfy a maximum of wants with minimum of friction.
  • Roscoe Pound was an influential legal scholar who emphasized the importance of law in achieving social engineering by satisfying societal needs with minimal friction.
  • Oliver Wendell Holmes - I: Life of the Law has not been logic; it has been experience.
  • Holmes was a prominent American jurist known for his pragmatic approach to law, highlighting that law evolves from real-life experiences rather than abstract logic.
  • Ihering - IV: Law is part of human conduct and in the idea of purpose.
  • Ihering focused on the purposeful nature of law, seeing it as a tool to regulate human conduct in pursuit of societal goals.
  • Jerome Frank - II: Law is uncertain and certainty of law is a legal myth.
  • Jerome Frank was a key figure in the legal realist movement, arguing that the law is inherently uncertain and that the idea of legal certainty is a myth.

Therefore the correct pairing is:

A - III: Roscoe Pound - End of Law should be to satisfy a maximum of wants with minimum of friction

B - I: Oliver Wendell Holmes - Life of the Law has not been logic; it has been experience

C - IV: Ihering - Law is part of human conduct and in the idea of purpose

D - II: Jerome Frank - Law is uncertain and certainty of law is a legal myth

Question 74

Arrange the following cases in the chronologically order of their year of verdict.

A. Vineet Narain v. Union of India

B. Kesavanada Bharti v. State of Kerala

C. Minerva Mills Ltd v. Union of India

D. D. K. Basu v. State of West Bengal

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, C, D

  2. BOption (b)

    B, C, A, D

  3. COption (c)

    D, A, B, C

  4. DOption (d)

    B, C, D, A

View answer & explanation

Correct answer

Answer: (d)D.

B, C, D, A

Why this answer is correct

The correct answer is Option 4.

Key Points

Chronological Order of Verdicts:

  • To determine the correct chronological order of the cases, we should look at the years in which the verdicts were delivered.
  1. Kesavananda Bharati v. State of Kerala (1973):
  • This landmark case established the Basic Structure Doctrine in Indian constitutional law.
  1. Minerva Mills Ltd. v. Union of India (1980):
  • This case reinforced the Basic Structure Doctrine and struck down certain amendments to the Constitution as unconstitutional.
  1. D. K. Basu v. State of West Bengal (1997):
  • This case laid down guidelines related to the arrest and detention of individuals to prevent custodial torture.
  1. Vineet Narain v. Union of India (1998):
  • This case led to significant reforms in the investigation of corruption cases, particularly involving high-ranking officials.

Conclusion:

  • The correct chronological order based on the years of the verdicts is:
  • B. Kesavananda Bharati v. State of Kerala (1973)
  • C. Minerva Mills Ltd. v. Union of India (1980)
  • D. D. K. Basu v. State of West Bengal (1997)
  • A. Vineet Narain v. Union of India (1998)

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

Question 75

Which of the following led setting aside of practice of Triple Talaq as evident in the case of Shayara Bano v. UOI (2017) SCC 1

A. Muslim Personal Law (Shariat) Application Act, 1937 is not a Law regarding Triple Talaq and the practice is against the tenets of Holy Quran

B. Section 2 of Shariat Application Act, 1937 is pre-constitutional legislation within the meaning of Art 13 (1) of Constitution and violative of Art. 14

C. Section 2 of Shariat Application Act, 1937 is pre constitutional legislation within meaning of Art 13 (1) of Constitution and violative of Art. 15 of Constitution of India

D. Triple Talaq can be injuncted by Supreme Court to severe matrimonial relationship

Choose the correct answer from the options given below:

  1. AOption (a)

    B, A only

  2. BOption (b)

    A, C only

  3. COption (c)

    B. D only

  4. DOption (d)

    C, D only

View answer & explanation

Correct answer

Answer: (a)A.

B, A only

Why this answer is correct

The correct answer is Option 1.

Key PointsThe Supreme Court of India in Shayara Bano v. Union of India (2017) struck down the practice of Triple Talaq (Talaq-e-Biddat) as unconstitutional and against the principles of equality and non-discrimination.

A. Muslim Personal Law (Shariat) Application Act, 1937 is not a law regarding Triple Talaq and the practice is against the tenets of Holy Quran

Correct.

The Court acknowledged that Triple Talaq is not an essential practice of Islam and is not sanctioned by the Quran. It viewed the practice as arbitrary and incompatible with the Quranic injunctions on marriage and divorce.

B. Section 2 of Shariat Application Act, 1937 is pre-constitutional legislation within the meaning of Art. 13(1) of the Constitution and violative of Art. 14

Correct.

Section 2 of the Shariat Application Act, 1937, which governs the application of Muslim personal law, was analyzed under Article 13(1). The Court held that the practice of Triple Talaq was arbitrary and violative of Article 14 (Right to Equality).

C. Section 2 of Shariat Application Act, 1937 is pre-constitutional legislation within meaning of Art. 13(1) of the Constitution and violative of Art. 15 of Constitution of India

Incorrect.

The judgment primarily addressed violations of Article 14 (equality) and did not base its decision on Article 15 (prohibition of discrimination on grounds of religion, race, caste, sex, etc.).

D. Triple Talaq can be injuncted by Supreme Court to severe matrimonial relationship

Incorrect.

The Supreme Court did not suggest the use of injunctions to sever matrimonial ties. Instead, it declared the practice unconstitutional and struck it down as invalid.

Conclusion:

Correct Statements: A, B

Incorrect Statements: C, D

Thus, the correct answer is Option 1) B, A only.

Question 76

In which of the important circumstances Parliament can legislate with respect to matters in the state list?

A. To make laws with respect to Goods and Services Tax imposed by such state

B. In matters of National Interest

C. If a proclamation of Emergency is in operation

D. By consent of states

E. For Giving effect to International Agreements

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, C, D, E only

  4. DOption (d)

    B, C, D, E only

View answer & explanation

Correct answer

Answer: (d)D.

B, C, D, E only

Why this answer is correct

The correct answer is 4.

Key PointsImportant circumstances in which Parliament can legislate with respect to matters in the state list are:

  • In matters of National Interest
  • Parliament can legislate on a matter in the State List if the Rajya Sabha passes a resolution by a two-thirds majority that it is necessary in the national interest. Hence, statement B is correct.
  • If a proclamation of Emergency is in operation
  • During a national emergency, the Parliament acquires the power to legislate on subjects enumerated in the State List. Hence, statement C is correct.
  • By consent of states
  • If the legislatures of two or more states pass resolutions to that effect, the Parliament can legislate on a matter in the State List. Hence, statement D is correct.
  • For Giving effect to International Agreements
  • Parliament can legislate to implement international agreements, treaties, or conventions even if the subject falls under the State List. Hence, statement E is correct.

Additional Information

  • To make laws with respect to Goods and Services Tax imposed by such state
  • Parliament does not have the authority to legislate on the GST imposed by a state unless it falls under the aforementioned circumstances. Hence, statement A is incorrect.

Question 77

Which of the following terms are defined under the Information Technology Act, 2000?

A. Computer Network

B. Information

C. Data

D. Secure System

E. Online

Choose the correct answer from the options given below:

  1. AOption (a)

    A, D, E only

  2. BOption (b)

    A, B, C, D only

  3. COption (c)

    A and D only

  4. DOption (d)

     A, C, D E only

View answer & explanation

Correct answer

Answer: (b)B.

A, B, C, D only

Why this answer is correct

The correct answer is 2) A, B, C, D only.

Key Points

The Information Technology Act, 2000 provides definitions for several key terms. Here's a breakdown:

  1. A. Computer Network:
  • Defined.

Under Section 2(j) of the IT Act, a computer network is described as the interconnection of one or more computers or communication devices for sharing data, software, or resources. 2. B. Information:

  • Defined.

Under Section 2(v), information is broadly defined to include data, text, images, sound, voice, codes, and databases. 3. C. Data:

  • Defined.

Under Section 2(o), data is defined as information, knowledge, or facts in any form, including text, numbers, graphics, and sound stored electronically. 4. D. Secure System:

  • Defined.

Under Section 2(ze), a secure system refers to a computer, device, or network certified by the government for maintaining security protocols. 5. E. Online:

  • Not Defined.

The IT Act does not specifically define the term "online."

Additional Information

  • The Information Technology Act, 2000
  • The Act provides the legal framework for electronic governance by giving recognition to electronic records and digital signatures.
  • It also defines various cybercrimes and prescribes penalties for them.

Question 78

Arrange the following legislations in the chronological order of their enactment.

A. Maintenance and Welfare of Parents and Senior Citizens Act

B. Right of Persons with Disabilities Act

C. Protection of Womens from Domestic Violence Act

D. Forest Rights Act

Choose the correct answer from the options given below:

  1. AOption (a)

    D. A, C, B

  2. BOption (b)

    C, D, B, A

  3. COption (c)

    C, D, A, B

  4. DOption (d)

    B, C, D, A

View answer & explanation

Correct answer

Answer: (c)C.

C, D, A, B

Why this answer is correct

The correct answer is Option 3.

Key Points

Chronological Arrangement of the Legislations:

  • The legislations mentioned are enacted to address various social issues and rights, and they were introduced in different years.
  1. Protection of Women from Domestic Violence Act (2005):
  • This Act was enacted in 2005 to protect women from domestic violence and to provide them with legal recourse and support.
  1. Forest Rights Act (2006):
  • Also known as the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, this legislation was enacted in 2006 to recognize the rights of the forest-dwelling communities.
  1. Maintenance and Welfare of Parents and Senior Citizens Act (2007):
  • This Act was enacted in 2007 to ensure the maintenance and welfare of parents and senior citizens by their children or relatives.
  1. Right of Persons with Disabilities Act (2016):
  • This Act was enacted in 2016 to ensure the rights and dignity of persons with disabilities and to provide them with equal opportunities and protection from discrimination.

Conclusion:

  • The correct chronological order of the legislations is:
  • C. Protection of Women from Domestic Violence Act (2005)
  • D. Forest Rights Act (2006)
  • A. Maintenance and Welfare of Parents and Senior Citizens Act (2007)
  • B. Right of Persons with Disabilities Act (2016)

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

Question 79

What includes "deliverable state" as per the definition of section 2 (3) of Sale of Goods Act 1930?

  1. AOption (a)

    State of goods in which buyer is bound to take delivery

  2. BOption (b)

    Identified goods

  3. COption (c)

    Ascertained goods

  4. DOption (d)

    Goods out for delivery

View answer & explanation

Correct answer

Answer: (a)A.

State of goods in which buyer is bound to take delivery

Why this answer is correct

The correct answer is 'State of goods in which buyer is bound to take delivery'

Key Points

  • Deliverable State:
  • The term "deliverable state" as per section 2(3) of the Sale of Goods Act 1930 refers to the condition of goods in which the buyer is legally bound to accept delivery.
  • Goods must be in a condition that allows the buyer to take delivery without requiring any further actions or alterations.
  • This ensures that the buyer can receive and use the goods as intended at the time of sale.

Additional Information

  • Identified Goods:
  • Identified goods are specific goods that have been agreed upon at the time of the contract of sale.
  • While identified goods are necessary for a sale to occur, they do not necessarily mean that the goods are in a deliverable state.
  • Ascertained Goods:
  • Ascertained goods are goods that are specifically identified and agreed upon after the contract of sale is made.
  • Like identified goods, ascertained goods must be put into a deliverable state before the buyer is obliged to take delivery.
  • Goods Out for Delivery:
  • Goods out for delivery are those that are in the process of being delivered to the buyer.
  • However, the term does not specifically address the condition of the goods, which is the focus of the deliverable state.

Question 80

According to Section 6 of the Environment (Protection) Act, 1986, which of the following authority has power to make rules to regulate environmental pollution?

  1. AOption (a)

    National Green Tribunal

  2. BOption (b)

    The Central Government

  3. COption (c)

    The State Government

  4. DOption (d)

    The Pollution Control Board

View answer & explanation

Correct answer

Answer: (b)B.

The Central Government

Why this answer is correct

The correct answer is 'The Central Government'

Key Points

  • Section 6 of the Environment (Protection) Act, 1986:
  • This section grants the Central Government the authority to make rules to regulate environmental pollution.
  • The Central Government can set standards for the quality of the environment, including the maximum allowable limits of pollutants for various areas.
  • It can also establish procedures and safeguards for the handling of hazardous substances and ensure compliance with the provisions of the Act.

Question 81

Match the List-I with List-II

LIST I
List in Constitution
LIST II
Subject
AConcurrent ListI.In Civil matters
BState ListII.Marriage and Divorce
CUnion ListIII.Public health and Sanitation
DAppellate Juristiction of Supreme CourtIV.Elections to the legislatures of State
<br>

Choose the correct answer from the options given below:

  1. AOption (a)

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

  2. BOption (b)

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

  3. COption (c)

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

  4. DOption (d)

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

View answer & explanation

Correct answer

Answer: (c)C.

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

Why this answer is correct

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

Key Points

  • A - Concurrent List: Marriage and Divorce
  • The Concurrent List includes subjects where both the Union and State governments can make laws. Marriage and Divorce falls under this category as it requires uniformity across the country while allowing states to address local needs.
  • B - State List: Public Health and Sanitation
  • The State List comprises subjects under the exclusive jurisdiction of the state governments. Public health and sanitation is a state subject because it is a local matter best managed by state authorities.
  • C - Union List: Elections to the legislatures of State
  • The Union List contains subjects on which only the central government can legislate. Elections to the legislatures of the State are managed by the central authorities to ensure uniformity and fairness across states.
  • D - Appellate Jurisdiction of Supreme Court: In Civil Matters
  • The Supreme Court's appellate jurisdiction includes hearing appeals in civil matters. This ensures that a final, authoritative decision can be made on significant legal issues.

Therefore the correct pairing is:

A - II: Concurrent List - Marriage and Divorce

B - III: State List - Public Health and Sanitation

C - IV: Union List - Elections to the legislatures of State

D - I: Appellate Jurisdiction of Supreme Court - In Civil Matters

Question 82

Which section of Biological Diversity Act, 2002 mandates approval of National Biodiversity Authority (NBA) before applying for any Intellectual Property Right in a foreign country.

  1. AOption (a)

    Section 7

  2. BOption (b)

    Section 19

  3. COption (c)

    Section 6

  4. DOption (d)

    Section 8

View answer & explanation

Correct answer

Answer: (c)C.

Section 6

Why this answer is correct

The correct answer is Section 6.

Key Points

  • Section 6 of the Biological Diversity Act, 2002:
  • This section mandates that any person seeking to apply for an Intellectual Property Right (IPR) in a foreign country for any invention based on biological resources obtained from India must obtain prior approval from the National Biodiversity Authority (NBA).
  • The intention behind this provision is to ensure that benefits arising from the use of biological resources and associated knowledge are shared fairly and equitably with the country of origin.
  • This helps in safeguarding the country's biological resources and traditional knowledge from being exploited without proper compensation.

Additional Information

  • Section 7:
  • This section deals with the prohibition of certain activities without prior intimation to the State Biodiversity Board by Indian citizens, corporations, and associations.
  • It does not pertain to the approval of the NBA for applying for IPR in a foreign country.
  • Section 19:
  • This section outlines the procedure for obtaining approval from the NBA for undertaking activities such as transferring results of research or bio-survey and bio-utilization to foreign nationals, companies, or non-resident Indians.
  • It is not specifically about IPR applications in foreign countries.
  • Section 8:
  • This section deals with the establishment of the National Biodiversity Authority (NBA), its composition, and functions.
  • It does not specifically address the requirement for NBA approval for foreign IPR applications.

Question 83

Digital Signature Certificate issued by the Certifying Authority can be revoked:-

  1. AOption (a)

    Depending upon the type of certificate issued

  2. BOption (b)

    On the request of the subscriber

  3. COption (c)

     Under no circumstances

  4. DOption (d)

    On the basis of dispute between the partners of the firm

View answer & explanation

Correct answer

Answer: (b)B.

On the request of the subscriber

Why this answer is correct

The correct answer is 'On the request of the subscriber'

Key Points

  • Revocation of Digital Signature Certificate:
  • A Digital Signature Certificate (DSC) can be revoked by the Certifying Authority (CA) on the request of the subscriber.
  • The subscriber is the individual or entity to whom the certificate was issued, and they have the authority to request its revocation if necessary.
  • Revocation may be required in cases such as compromise of the private key, change in the subscriber's details, or any other valid reason provided by the subscriber.

Additional Information

  • Depending upon the type of certificate issued:
  • This option is incorrect because the type of certificate does not determine the ability to revoke it. Revocation is a standard process applicable to all types of digital certificates.
  • Under no circumstances:
  • This option is incorrect as it is essential for a DSC to be revocable to maintain security and trust in digital communications. If a certificate could not be revoked, it could lead to significant security risks.
  • On the basis of dispute between the partners of the firm:
  • This option is incorrect because a dispute between partners does not directly influence the revocation process of a DSC. The request must come from the subscriber or meet the CA's revocation criteria.

Question 84

Indicate the correct sequence of the following sources of Muslim Law:

A. The Quran

B. The Ijmaa

C. The Hadis

D. The Kiyas

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, C, D

  2. BOption (b)

    A, C, B, D

  3. COption (c)

    D, C, B, A

  4. DOption (d)

     A, D, C, B

View answer & explanation

Correct answer

Answer: (b)B.

A, C, B, D

Why this answer is correct

The correct answer is Option 2.

Key Points

Chronological Arrangement of Sources of Muslim Law:

  • Muslim Law is derived from various sources that are followed in a specific order of precedence.
  1. The Quran:
  • The Quran is the holy book of Islam and the primary source of Muslim Law. It contains the divine revelations received by Prophet Muhammad.
  1. The Hadis:
  • The Hadis (or Hadith) comprises the sayings, actions, and approvals of Prophet Muhammad. It serves as a secondary source of law and provides guidance on various aspects of life.
  1. The Ijmaa:
  • The Ijmaa refers to the consensus of Islamic scholars on a particular legal issue. It is considered the third source of Muslim Law and helps in interpreting the Quran and Hadis.
  1. The Kiyas:
  • The Kiyas (or Qiyas) involves analogical reasoning to deduce legal rulings for new situations based on the principles established in the Quran, Hadis, and Ijmaa.

Conclusion:

  • The correct chronological order of the sources of Muslim Law is:
  • A. The Quran
  • C. The Hadis
  • B. The Ijmaa
  • D. The Kiyas

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

Question 85

Arrange the following Conventions in the chronological order of their adoption.

A. Vienna Convention on the Protection of Ozone Layer

B. Stockholm Convention on Persistent Organic Pollutants

C. Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITCS)

D. The Basel Convention on the Control of Transborder Movements of Hazardous Waste and their Disposal

Choose the correct answer from the options given below:

  1. AOption (a)

    A, C, B, D

  2. BOption (b)

    C, A, D, B

  3. COption (c)

    A, B, C, D

  4. DOption (d)

    D, B, A, C

View answer & explanation

Correct answer

Answer: (b)B.

C, A, D, B

Why this answer is correct

The correct answer is Option 2.

Key Points

Chronological Arrangement of Conventions:

  • These international conventions were adopted in different years to address various environmental and trade issues. Here is the chronological order of their adoption.
  1. Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITCS) - 1973:
  • This convention aims to ensure that international trade in specimens of wild animals and plants does not threaten their survival.
  1. Vienna Convention on the Protection of Ozone Layer - 1985:
  • This convention is designed to protect the ozone layer by reducing the production of substances that deplete it.
  1. The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal - 1989:
  • This convention aims to reduce the movement of hazardous waste between nations, and specifically to prevent transfer of hazardous waste from developed to less developed countries.
  1. Stockholm Convention on Persistent Organic Pollutants - 2001:
  • This convention aims to eliminate or restrict the production and use of persistent organic pollutants (POPs).

Conclusion:

  • The correct chronological order of the adoption of these conventions is:
  • C. Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITCS) - 1973
  • A. Vienna Convention on the Protection of Ozone Layer - 1985
  • D. The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal - 1989
  • B. Stockholm Convention on Persistent Organic Pollutants - 2001

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

Question 86

What does "Ratio Decidendi" generally imply?

  1. AOption (a)

    Reason for decision alone

  2. BOption (b)

    Principles laid down in the case alone

  3. COption (c)

    Both (1) and (2)

  4. DOption (d)

    Observations and opinions

View answer & explanation

Correct answer

Answer: (c)C.

Both (1) and (2)

Why this answer is correct

The correct answer is 'Both (1) and (2)'

Key Points

  • Ratio Decidendi:
  • Ratio Decidendi is a Latin term that means "the reason for the decision" in a judicial context.
  • It represents the principles and legal reasoning on which a court's decision is based.
  • It is binding in future cases as it forms the legal precedent.
  • The Ratio Decidendi encompasses both the reasoning behind the decision and the principles laid down by the case.

Additional Information

  • Reason for decision alone:
  • This option is partially correct as it identifies the reasoning aspect of Ratio Decidendi, but it does not fully capture the scope which also includes the legal principles established.
  • Principles laid down in the case alone:
  • This option is also partially correct as it highlights the principles aspect of Ratio Decidendi, but it misses the reasoning part which is equally important.
  • Observations and opinions:
  • This option is incorrect because observations and opinions, often referred to as Obiter Dicta, are not binding and do not form the Ratio Decidendi.
  • Obiter Dicta are additional comments or thoughts expressed by judges that do not directly impact the decision of the case.

Question 87

Which of the following statement is incorrect regarding Asylum?

A. Article 14 of UDHR grants a right to asylum from persecution

B. Asylum also includes transfer of person wanted by an arrest warrant to the prosecution country

C. Granting of Asylam per se excludes any possibility of extradition

D. Extradition and Asylum are mutually exclusive

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B and C only

  2. BOption (b)

    A and D only

  3. COption (c)

    B, C and D only

  4. DOption (d)

    A, C and D only

View answer & explanation

Correct answer

Answer: (c)C.

B, C and D only

Why this answer is correct

The correct answer is 3.

Key PointsAnalysis of Statements Regarding Asylum

  • Article 14 of UDHR
  • Article 14 of the Universal Declaration of Human Rights (UDHR) indeed grants the right to seek asylum from persecution. Hence, statement A is correct.
  • Transfer of Person Wanted by Arrest Warrant
  • Asylum typically refers to the protection granted to individuals fleeing persecution and does not involve the transfer of persons wanted by an arrest warrant to the prosecution country. This is related to extradition. Hence, statement B is incorrect.
  • Granting of Asylum and Extradition
  • Granting asylum does not per se exclude any possibility of extradition. Each case is often considered on its individual merits. Hence, statement C is incorrect.
  • Extradition and Asylum
  • Extradition and asylum are not mutually exclusive. While asylum is a form of protection, extradition involves the formal process of one state surrendering an individual to another state for prosecution or punishment. Hence, statement D is incorrect.

Additional Information

  • Extradition
  • Extradition is a formal process where one state surrenders an individual to another state for prosecution or punishment for crimes committed in the requesting country.
  • It requires an existing treaty or agreement between the two countries.
  • Asylum
  • Asylum is granted to individuals who have fled their home country due to fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
  • Asylum is a protective measure and can be granted by the state where the individual seeks refuge.

Question 88

A person can be punished for an offence under Section 369 of IPC, for kidnapping or abducting child with intent to steal from the person. For the application of S. 369 of IPC, the child must be:

  1. AOption (a)

    Under the age of 12 years

  2. BOption (b)

    Under the age of 15 years

  3. COption (c)

    Under the age of 10 years

  4. DOption (d)

    Under the age of 14 years

View answer & explanation

Correct answer

Answer: (c)C.

Under the age of 10 years

Why this answer is correct

The correct answer is 'Under the age of 10 years'

Key Points

  • Application of Section 369 of IPC:
  • Section 369 of the Indian Penal Code (IPC) deals with the offence of kidnapping or abducting a child with the intent to steal from the person of the child.
  • For this section to apply, it is essential that the child is under the age of 10 years.
  • This provision ensures stricter punishment for individuals who exploit very young children for criminal purposes.

Additional Information

  • Other Options Explained:
  • Under the age of 12 years: This is incorrect as Section 369 specifically mentions children under the age of 10 years.
  • Under the age of 15 years: This age limit does not align with the provision of Section 369 of IPC, making it incorrect.
  • Under the age of 14 years: While this may seem reasonable, it is not supported by the specific language of Section 369, which sets the age limit at under 10 years.

Question 89

Which Articles were added to the Constitution of India to facilitate the establishment of specific Tribunals to meet the needs of Administrative Justice?

  1. AOption (a)

    Article 124 A

  2. BOption (b)

    Article 233 A

  3. COption (c)

    Articles 323 A and 323 B

  4. DOption (d)

    Articles 338 A and 338 B

View answer & explanation

Correct answer

Answer: (c)C.

Articles 323 A and 323 B

Why this answer is correct

The correct answer is 'Articles 323 A and 323 B'

Key Points

  • Articles 323 A and 323 B:
  • Article 323 A empowers the Parliament to establish administrative tribunals for the adjudication of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or any State or any local or other authority.
  • Article 323 B empowers the Parliament and the state legislatures to establish tribunals for the adjudication of disputes related to various matters such as taxation, foreign exchange, import and export, industrial and labor disputes, land reforms, ceiling on urban property, elections to Parliament and State Legislatures, etc.
  • These articles were inserted by the 42nd Amendment Act of 1976 to facilitate the establishment of specialized tribunals to handle specific types of disputes, thereby easing the burden on regular courts and providing specialized expertise in the adjudication process.

Additional Information

  • Article 124 A:
  • This article is related to the establishment of the National Judicial Appointments Commission (NJAC) for the appointment of judges, but it was struck down by the Supreme Court in 2015 as unconstitutional.
  • It does not pertain to the establishment of administrative tribunals.
  • Article 233 A:
  • This article deals with the validation of the appointment of certain district judges, but it does not relate to administrative tribunals.
  • Articles 338 A and 338 B:
  • These articles pertain to the National Commission for Scheduled Tribes (Article 338 A) and the National Commission for Backward Classes (Article 338 B).
  • They do not deal with the establishment of administrative tribunals.

Question 90

Which of following cases are related to personal bias according to the Principle of Natural Justice.

A. A. K. Kraipak v. Union of India

B. Jacob Mathew v. State of Punjab

C. Mohd Yunus Khan v. State of U.P

D. Gullapalli Nageswara Rao v. State of A.P

E. Manak Lal v. Prem Chand Singhvi

Choose the correct answer from the options given below:

  1. AOption (a)

    A, B, C, D only

  2. BOption (b)

    A, C, E only

  3. COption (c)

    B, C, D only

  4. DOption (d)

    B, D only

View answer & explanation

Correct answer

Answer: (b)B.

A, C, E only

Why this answer is correct

The correct answer is 2) A, C, E only.

Key PointsCases related to personal bias according to the Principle of Natural Justice

  • A. K. Kraipak v. Union of India
  • This case is related to the principle of natural justice concerning personal bias. It was held that one of the members of the selection board was a candidate himself, thereby leading to a situation of personal bias.
  • Hence, statement A is correct.
  • Jacob Mathew v. State of Punjab
  • This case is not related to personal bias but to medical negligence and the standard of care to be followed by medical professionals.
  • Hence, statement B is incorrect.
  • Mohd Yunus Khan v. State of U.P
  • This case pertains to the principles of natural justice, including personal bias, where a judicial officer had a personal interest in the case he was adjudicating.
  • Hence, statement C is correct.
  • Gullapalli Nageswara Rao v. State of A.P
  • This case deals with quasi-judicial functions and the violation of natural justice principles but is more related to procedural fairness rather than personal bias.
  • Hence, statement D is incorrect.
  • Manak Lal v. Prem Chand Singhvi
  • This case is a leading one on the subject of personal bias. It was held that there was a reasonable likelihood of bias as one of the members of the tribunal was a close relative of the opposite party’s advocate.
  • Hence, statement E is correct.

Additional Information

  • Principle of Natural Justice
  • Natural justice is a concept that aims to ensure fairness in decision-making processes, particularly in judicial and quasi-judicial proceedings.
  • The two key components of natural justice are:
  • Audi alteram partem (hear the other side): This principle ensures that no one is condemned unheard.
  • Nemo judex in causa sua (no one should be a judge in their own cause): This principle addresses the issue of personal bias, ensuring that the decision-maker has no personal interest in the outcome.

Read the following passage carefully and answer the questions.

The Shriram Gas leak case pitted the Supreme Court against one of India's largest corporation. CJ Bhagwati presided over the Supreme Court bench and was deeply concerned for safety of citizens. He was anxious to improve plant - safety, a task which the statutory agencies seemed incapable of performing. The Honorable Chief Justice saw in the Oleum case a way of influencing the far more important Bhopal gas leak case. The Shriram case has also raised some important questions concerning the true scope and ambit of Articles 21 and 32 of the Constitution. The case also dealt with Principles and Norms of determining the liability of large enterprises engaged in manufacturing and sale of hazardous products. It also decided the basis on which damage should be quantified and whether the corporation should be allowed to function from thickly populated areas and if they are allowed what measures should be taken for minimising hazards to workmen. This led the Parliament to enact law & articulate new standard of absolute liability in 1991.

Question 91

The Shriram Gas Leak case did not focus on which of the following issue?

  1. AOption (a)

    Scope of Arts. 21 and 32 of Constitution

  2. BOption (b)

    Norms of determining liability of large corporation

  3. COption (c)

    Basis of quantifying damages

  4. DOption (d)

    Measures of increasing profit of company

View answer & explanation

Correct answer

Answer: (d)D.

Measures of increasing profit of company

Why this answer is correct

The correct answer is 'Measures of increasing profit of company'

Key Points

  • Scope of Arts. 21 and 32 of Constitution:
  • Article 21 of the Indian Constitution guarantees the right to life and personal liberty, while Article 32 provides the right to constitutional remedies for the enforcement of fundamental rights.
  • The Shriram Gas Leak case raised important questions regarding the scope and ambit of these articles in relation to the safety and well-being of citizens.
  • Norms of determining liability of large corporation:
  • The case addressed principles and norms for determining the liability of large enterprises engaged in manufacturing and selling hazardous products.
  • This aspect was crucial in ensuring that corporations were held accountable for any harm caused due to their operations.
  • Basis of quantifying damages:
  • The case also dealt with the basis on which damages should be quantified in the event of industrial disasters.
  • This was essential for providing just compensation to the victims affected by such incidents.

Additional Information

  • Measures of increasing profit of company:
  • The Shriram Gas Leak case did not focus on measures of increasing the profit of the company.
  • The primary concern was the safety of citizens and the liability of corporations for any harm caused by their operations, not the financial gains of the company.
  • Legislative impact:
  • The case led the Parliament to enact laws articulating new standards of absolute liability in 1991.
  • This ensured stricter safety measures and accountability for corporations dealing with hazardous materials.

Question 92

The Judgement in Shriram Gas Leak case influenced the decision of:-

  1. AOption (a)

    Shrimp case

  2. BOption (b)

    Goel Ganga case

  3. COption (c)

    Bhopal Gas leak case

  4. DOption (d)

    Clean Narmada case

View answer & explanation

Correct answer

Answer: (c)C.

Bhopal Gas leak case

Why this answer is correct

The correct answer is 'Bhopal Gas leak case'

Key Points

  • Shriram Gas Leak Case:
  • In 1985, the Shriram Gas Leak case involved the leakage of oleum gas from the Shriram Food and Fertilizer Industries in Delhi, which resulted in severe health consequences for the local population.
  • The Supreme Court of India used this case to establish important precedents regarding environmental law and the liability of hazardous industries.
  • This judgment influenced subsequent cases dealing with industrial disasters, particularly emphasizing the principle of absolute liability without exceptions.

Additional Information

  • Bhopal Gas Leak Case:
  • The Bhopal Gas Leak case refers to the catastrophic industrial disaster that occurred in 1984 at the Union Carbide India Limited pesticide plant in Bhopal, Madhya Pradesh.
  • This disaster caused thousands of deaths and long-term health issues for the survivors, leading to extensive litigation and compensation claims.
  • The principles established in the Shriram Gas Leak case, particularly regarding liability and the responsibility of hazardous industries, significantly influenced the legal proceedings and judgments in the Bhopal Gas Leak case.
  • Shrimp Case:
  • The shrimp case generally refers to legal matters involving the shrimp industry, which are not directly related to industrial disasters or environmental liability.
  • This option is incorrect as it does not relate to the principles established in the Shriram Gas Leak case.
  • Goel Ganga Case:
  • The Goel Ganga case involves real estate and construction issues, particularly focusing on regulatory compliance and consumer rights in the real estate sector.
  • This case is not related to environmental hazards or industrial liability, making it an incorrect option.
  • Clean Narmada Case:
  • The Clean Narmada case pertains to environmental conservation and the preservation of the Narmada River, focusing on issues like pollution control and sustainable development.
  • While it involves environmental concerns, it is not directly connected to the industrial disaster principles established in the Shriram Gas Leak case, making it an incorrect option.

Question 93

Statutory agencies seem incapable of performing which of the following task?

  1. AOption (a)

    Safety of citizen

  2. BOption (b)

    Plant safety

  3. COption (c)

    Safety of Community

  4. DOption (d)

    Prevention of disaster

View answer & explanation

Correct answer

Answer: (b)B.

Plant safety

Why this answer is correct

The correct answer is 'Plant safety'

Key Points

  • Plant safety:
  • Plant safety refers to the measures and protocols put in place to ensure the safety of industrial plants and manufacturing units.
  • This involves rigorous compliance with safety standards, regular maintenance, and inspections to prevent accidents and hazards within the plant premises.
  • Statutory agencies may struggle with performing plant safety tasks effectively due to specialized technical knowledge and the industry's dynamic nature.

Additional Information

  • Safety of citizen:
  • Statutory agencies are generally responsible for ensuring the safety of citizens through law enforcement, public health measures, and emergency response services.
  • This includes ensuring public order, preventing crime, and responding to emergencies.
  • Safety of Community:
  • Community safety involves protecting the well-being of the community as a whole, which includes public health initiatives, crime prevention, and social services.
  • Statutory agencies often collaborate with local authorities and community organizations to enhance community safety.
  • Prevention of disaster:
  • Disaster prevention involves planning, preparedness, and mitigation efforts to reduce the impact of natural or man-made disasters.
  • Statutory agencies play a crucial role in disaster management through coordination, resource allocation, and implementation of safety protocols.

Question 94

As an effect of Shriram Gas Leak case, the Law enacted by Parliament in 1991 dealt with:-

  1. AOption (a)

    Private liability

  2. BOption (b)

    Storage of hazardous substances

  3. COption (c)

    Absolute liability

  4. DOption (d)

    Safety of plants and animals

View answer & explanation

Correct answer

Answer: (c)C.

Absolute liability

Why this answer is correct

The correct answer is 'Absolute liability'

Key Points

  • Absolute liability:
  • The concept of absolute liability was established by the Indian judiciary to ensure that enterprises engaged in hazardous or inherently dangerous activities are absolutely liable to compensate for any harm caused by such activities, without any exceptions.
  • This principle was specifically developed following the Shriram Gas Leak case to address the inadequacies of the existing legal framework in dealing with industrial hazards and ensuring strict liability for corporations.
  • The law enacted in 1991, following the Shriram Gas Leak case, incorporated this principle to ensure that industries dealing with hazardous materials maintain the highest safety standards and are held accountable for any lapses.

Additional Information

  • Private liability:
  • Private liability usually pertains to personal or individual liability in civil cases, which is not the specific focus of the legislation enacted following the Shriram Gas Leak case.
  • This concept does not address the broader implications of industrial hazards and the need for strict corporate accountability.
  • Storage of hazardous substances:
  • While the storage of hazardous substances is a critical aspect of industrial safety, the law following the Shriram Gas Leak case was more focused on the overarching liability of enterprises, rather than the specifics of storage.
  • Regulations concerning the storage of hazardous substances are typically covered under specific safety and environmental guidelines.
  • Safety of plants and animals:
  • Although the safety of plants and animals is an important environmental concern, the legislation following the Shriram Gas Leak case was primarily concerned with human safety and corporate liability.
  • Environmental protection laws address the safety of flora and fauna, but they were not the central issue in the context of absolute liability established by this case.

Question 95

In the Shriram Gas Leak case, the Chief Justice was mainly concerned with which of the following?

  1. AOption (a)

    Safety of citizen

  2. BOption (b)

    Profit of companies

  3. COption (c)

    Disaster in community

  4. DOption (d)

    Aftermath of gas leak

View answer & explanation

Correct answer

Answer: (a)A.

Safety of citizen

Why this answer is correct

The correct answer is 'Safety of citizen'

Key Points

  • Safety of citizen:
  • The Shriram Gas Leak case, which occurred in 1985, is a significant legal case in India, and the Chief Justice's primary concern was the safety of the citizens.
  • This case dealt with the leakage of oleum gas from a plant owned by Shriram Foods and Fertilizers Industries in Delhi, which resulted in the death of one lawyer and affected many others.
  • The Supreme Court's involvement emphasized the need for stringent measures to ensure the safety and protection of the public from industrial hazards.
  • The landmark judgment in this case led to the establishment of the principle of absolute liability for industries engaged in hazardous activities.

Additional Information

  • Profit of companies:
  • While the profitability of companies is important, it was not the main concern of the Chief Justice in the Shriram Gas Leak case.
  • Legal proceedings focused more on the accountability and responsibility of the company towards public safety rather than its profits.
  • Disaster in community:
  • The disaster in the community was a significant aspect of the case, but the Chief Justice's concern was primarily about preventing such incidents and ensuring citizen safety in the future.
  • The judgment aimed to mitigate future risks and protect the community from industrial disasters.
  • Aftermath of gas leak:
  • The aftermath of the gas leak, including compensation and rehabilitation, was addressed, but the core issue was implementing preventive measures for citizen safety.
  • The court's directives sought to establish legal and operational frameworks to avoid future mishaps.

Read the following passage carefully and answer the questions.

From the second half of the nineteenth century to the present, the Geneva Convention 1864, (revised in 1906, 1929, and 1949) and Hague Convention 1899 (revised in 1907) comprised one of the most extensive bodies of positive international law outlining constraints on state behavior. The Geneva and Hague Conventions are noteworthy not only for their content, but also for their widespread ratification. Accepting the Conventions was a prestigious symbol of membership in the exclusive "international society of civilized states," and most states ratified them sooner or later. The Conventions gave combatant victims of war-wounded soldiers and POWs-international rights to medical care and humane conditions of incarceration. The Hague Convention was built on a fundamental distinction between combatants and noncombatants, designed to ensure that noncombatants did not become victims of war. Noncombatants were not considered legitimate military targets, and military occupation authorities were prohibited from exploiting civilian populations under their control.

Question 96

What motivated the States to ratify the Geneva and Hague Conventions?

  1. AOption (a)

    The Conventions being prestigious symbol of membership in the international society of civilized states

  2. BOption (b)

    The Conventions being the most extensive body of positive international law

  3. COption (c)

    As the Conventions enlist constraints on state behavior

  4. DOption (d)

    As the Conventions prescribe international rights of medical care

View answer & explanation

Correct answer

Answer: (a)A.

The Conventions being prestigious symbol of membership in the international society of civilized states

Why this answer is correct

The correct answer is 'The Conventions being prestigious symbol of membership in the international society of civilized states'

Key Points

  • Motivation for Ratification:
  • The primary motivation for states to ratify the Geneva and Hague Conventions was the prestige associated with being part of the "international society of civilized states."
  • Ratifying the Conventions signified that a state was committed to the humane treatment of combatants and noncombatants during war, aligning itself with internationally recognized standards of conduct.
  • This membership was seen as a prestigious symbol, indicating that a state adhered to the norms and values upheld by the international community.

Additional Information

  • Other Options:
  • The Conventions being the most extensive body of positive international law: While this is true, it was not the primary motivating factor for ratification. The prestige and international recognition were more compelling reasons.
  • As the Conventions enlist constraints on state behavior: Although the Conventions did outline constraints, states were more motivated by the symbolic prestige rather than the constraints themselves.
  • As the Conventions prescribe international rights of medical care: This aspect was significant, but the overarching reason for ratification was the desire to be seen as part of the civilized international community.

Question 97

Which International Instrument predominantly ensures that noncombatants did not become victims of war?

  1. AOption (a)

    Positive international law

  2. BOption (b)

    The Geneva Convention

  3. COption (c)

    The Hague Convention

  4. DOption (d)

    International Humanitarian law

View answer & explanation

Correct answer

Answer: (c)C.

The Hague Convention

Why this answer is correct

The correct answer is 'The Hague Convention'

Key Points

  • The Hague Convention:
  • The Hague Convention consists of a series of international treaties and declarations negotiated at two international peace conferences at The Hague in the Netherlands in 1899 and 1907.
  • These conventions focus primarily on the laws of war and war crimes, including the protection of noncombatants during conflicts.
  • The Hague Conventions were among the first formal statements of the laws of war and war crimes in the body of secular international law.

Additional Information

  • Positive international law:
  • Positive international law refers to laws that have been formally enacted or codified by governing bodies, and it encompasses a broad range of laws, not specifically focused on the protection of noncombatants in war.
  • The Geneva Convention:
  • The Geneva Conventions are a set of treaties regarding humanitarian treatment during war, primarily focused on the treatment of wounded soldiers, prisoners of war, and civilians. However, they are not as specifically focused on noncombatants as The Hague Conventions.
  • International Humanitarian Law:
  • International Humanitarian Law (IHL) is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects noncombatants and those who are not participating in hostilities, but it is a broader category that includes both The Hague and Geneva Conventions.

Question 98

What was the fundamental distinction on which the Hague Convention was built?

  1. AOption (a)

    Distinction between military occupation and civil population

  2. BOption (b)

    Distinction between positive international law and laws of the war

  3. COption (c)

    Distinction between combatants and non-combatants

  4. DOption (d)

    Distinction between military targets and military authorities

View answer & explanation

Correct answer

Answer: (c)C.

Distinction between combatants and non-combatants

Why this answer is correct

The correct answer is 'Distinction between combatants and non-combatants'

Key Points

  • Distinction between combatants and non-combatants:
  • The Hague Convention, established in the late 19th and early 20th centuries, primarily aimed to set the laws and customs of war, focusing on humanitarian treatment during conflicts.
  • A fundamental principle of the Hague Convention is the distinction between combatants and non-combatants. Combatants are those actively engaged in hostilities, while non-combatants include civilians and those no longer participating in hostilities, such as wounded soldiers.
  • This distinction is crucial for ensuring the protection of civilian populations and minimizing unnecessary suffering during armed conflicts.
  • The convention outlines the rights and protections afforded to non-combatants, emphasizing that they should not be targeted during military operations.

Additional Information

  • Distinction between military occupation and civil population:
  • While the Hague Convention does address the treatment of civilian populations under military occupation, this is not its fundamental distinction. The primary focus is on the conduct of hostilities and the protection of non-combatants.
  • Distinction between positive international law and laws of the war:
  • This option is not correct as the Hague Convention specifically deals with the laws of war and does not focus on differentiating between positive international law and other legal frameworks.
  • Distinction between military targets and military authorities:
  • The Hague Convention does outline the rules regarding military targets and the conduct of military authorities, but this is not its fundamental distinction. The primary emphasis is on protecting non-combatants and regulating the conduct of hostilities.

Question 99

What makes Geneva Convention (1864) noteworthy?

  1. AOption (a)

    It's content alone

  2. BOption (b)

    It's widespread ratification alone

  3. COption (c)

    It's content and its wide spread ratification

  4. DOption (d)

    The new international rights created by the Geneva Convention

View answer & explanation

Correct answer

Answer: (c)C.

It's content and its wide spread ratification

Why this answer is correct

The correct answer is 'Its content and its widespread ratification'

Key Points

  • Geneva Convention (1864):
  • The Geneva Convention of 1864 was the first of its kind, aimed at ameliorating the condition of wounded soldiers in armed conflicts.
  • It was initiated by the International Committee of the Red Cross (ICRC) and led to the establishment of standards for humanitarian treatment in war.
  • The content of the convention included provisions for the neutrality and protection of medical personnel, the humane treatment of the wounded, and the establishment of a distinctive emblem (the Red Cross) to identify medical services.
  • Its widespread ratification by various countries signified a major step forward in international humanitarian law, leading to its recognition and implementation globally.

Additional Information

  • Option 1 - It's content alone:
  • While the content of the Geneva Convention is indeed significant for setting humanitarian standards, the true importance lies in both its content and its acceptance by nations worldwide.
  • Option 2 - It's widespread ratification alone:
  • Widespread ratification alone would not have been as impactful without the substantial humanitarian content that the convention provided, making it a comprehensive approach to war ethics.
  • Option 4 - The new international rights created by the Geneva Convention:
  • Although the convention did establish new rights and protections, the significance is derived from both the innovative content and the widespread international acceptance and implementation of these principles.

Question 100

What do Hague Convention 1899 and Geneva Convention 1864 primarily outline?

  1. AOption (a)

    Human conditions of incarceration

  2. BOption (b)

    Constraints on State Behavior

  3. COption (c)

    Rights of victims of war

  4. DOption (d)

    Rights of wounded soldiers

View answer & explanation

Correct answer

Answer: (b)B.

Constraints on State Behavior

Why this answer is correct

The correct answer is 'Constraints on State Behavior'

Key Points

  • Hague Convention 1899 and Geneva Convention 1864:
  • The Hague Convention of 1899 and the Geneva Convention of 1864 are international treaties aimed at regulating the conduct of war and establishing humanitarian standards.
  • The primary focus of these conventions is to set constraints on how states can behave during armed conflicts, ensuring that warfare is conducted within specific legal and ethical boundaries.
  • The Hague Convention deals with the laws and customs of war, including the treatment of prisoners of war, the conduct of hostilities, and the protection of civilians and property.
  • The Geneva Convention of 1864 specifically addresses the treatment of wounded soldiers and the protection of medical personnel and facilities during conflicts.

Additional Information

  • Human conditions of incarceration:
  • Although important, the conventions do not primarily focus on the conditions of incarceration but rather on the broader conduct of war and the treatment of individuals during conflicts.
  • Rights of victims of war:
  • While the conventions do address the rights of war victims, such as civilians and wounded soldiers, their primary goal is to constrain state behavior to prevent war crimes and atrocities.
  • Rights of wounded soldiers:
  • The Geneva Convention of 1864 does focus on the rights and treatment of wounded soldiers, but this is part of the broader framework of regulating state conduct during war.

100 questions in the full paper