CLAT LLM 2017 question paper with answers

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Section 1: Constitutional Law

1. In which of the following decision the Supreme Court of India heard the matter at midnight?

1. Jagdish Bhullar v. State of Punjab (SC dismissed his appeal against Capital Punishment)

2. State of Maharashtra v. Anwar Ali (t held that Section 5(1) of the WB Special Courts Act, 1950 contravened Art. 14 and was void since it conferred arbitrary power on Government to classify offences or cases at its pleasure)

3. Ramprakash v. State of U.P.

4. Yaqub Abdul Razak Memon v. State of Maharashtra

Correct Answer: 4

2. The appointment of Comptroller and Auditor General of India under Article 148 is made by the:

1. President of India

2. Prime Minister of India

3. Finance Minister of India

4. Chief Justice of India

Correct Answer: 1

3. By which amendment, the word ‘oriya’ was replaced by ‘odia’ in the Eight Schedule?

1. The Constitution (Ninety Third Amendment) Act, 2005 (Article 15(5) was inserted)

2. The Constitution (Ninety Sixth Amendment ) Act, 2011

3. The Constitution (Ninety Seventh Amendment) Act, 2011 (Provisions as to “Co-operative societies” were added)

4. The Constitution (Ninety Eighth Amendment) Act, 2012 (Special Provisions with respect to State of Karnataka)

Correct Answer: 2

4. The House of Parliament may declare the seat of a member of either House of Parliament as vacant if he/she remains absent without permission of the House from all meetings for a period of:

1. 50 days

2. 60 days – Article 101. Vacation of seats

3. 80 days

4. 100 days

Correct Answer: 2

5. Article 280 of the Constitution of India deals with:

1. Election Commission of India (Article 324)

2. Union Public Service Commission (Article-315. Public Service Commissions for the Union and for the States)

3. Comptroller and Auditor General (Article 148)

4. Finance Commission

Correct Answer: 4

6. Part IX-B of the Constitution of India dealing with ‘Co-operative Societies’ was inserted by:

1. The Constitution (Ninety Third Amendment) Act, 2005 – Article 15(5) was inserted

2. The Constitution (Ninety Fifth Amendment) Act, 2009 – Amendment of Article 334 – Reservation of seats and special representation to cease after sixty years

3. The Constitution (Ninety Seventh Amendment) Act, 2011

4. The Constitution (Ninety Eighth Amendment) Act, 2012 – Special Provisions with respect to State of Karnataka

Correct Answer: 3

7. Article 19 (1) (c) of the Constitution of India Guarantees freedom

1. to form associations or unions

2. to form associations

3. to form trade unions

4. to form associations or unions, cooperative societies

Correct Answer: 4

8. Protection from double jeopardy means

1. No person shall be prosecuted for the same offence more than once.

2. No person shall be prosecuted and punished for the same offence more than once – Section 300 Cr. P.C.

3. No person shall be punished for the same offence more than once

4. No person shall be prosecuted or punished for different offence again

Correct Answer: 2

9. Under which provision of the Constitution of India, it is the fundamental duty of every citizen of India to ‘strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement’

1. Article 51-A (c) – to uphold and protect the sovereignty, unity and integrity of India

2. Article 51-A (d) – to defend the country and render national service when called upon to do so

3. Article 51-A(f) – to value and preserve the rich heritage of our composite culture

4. Article 51-A (j)

Correct Answer: 4

10. In which case ‘Secularism’ was recognized as basic feature of the Constitution of India?

1. S.R. Bommai v. Union of India, (1994 SC)

2. M. Nagraj v. Union of India, (2006 SC) – the Court validated Parliament’s decision to extend reservations for SC/STs to include promotions (reservation in promotion)

The Constitution (Seventy Seventh Amendment) Act, 1995 which inserted Article 16(4A); 

The Constitution (Eighty First Amendment) Act, 2000 which added Article 16(4B); 

The Constitution (Eighty Second Amendment) Act, 2000 which inserted a proviso to Article 335;

The Constitution (Eighty Fifth Amendment) Act, 2001 which added “consequential seniority” for SC/STs under 16(4B)

3. L. Chandra Kumar v. Union of India (1997 SC) – Power of Judicial review under Article 32 and 226 over tribunals is the basic structure of the Constitution

4. Selvi v. State of Karnataka, (2010 SC) – involuntary admission of Narco-Analysis is a violation of right against self-incrimination under Article 20 (3)

Correct Answer: 1

11. The judges of the Supreme Court of India can be removed from office in accordance with:

1. Article 123 – Power of President to promulgate Ordinances during recess of Parliament

2. Article 124

3. Article 125 –  Salaries, etc, of Judges

4. Article 217 – Appointment and conditions of the office of a Judge of a High Court

Correct Answer: 2

12. The official language used in the Supreme Court of India shall be:

1. English

2. Hindi

3. Both English and Hindi

4. Any local language

Correct Answer: 1

13. Which provisions were struck down in the case of Supreme Court Advocates-on-Record Association v. Union of India, [(2006) 5 SCC 1]?

1. Articles 124, 124-A to C, 127, 128, 217, 222, 224, 224-A, 231 (as amended/inserted)

2. Articles 124, 124-A to C (as amended/inserted)

3. Articles 124, 124-A to C, 217 , 213 ( as amended/inserted)

4. Articles 124, 124-A to C, 217, 22, 224, 224-A, 231 (as amended/inserted)

Correct Answer: 1

14. In which part of the Constitution of India, the provision for Public Service Commissions as contained?

1. Part XIV

2. Part XIII – TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA

3. Part XII – FINANCE, PROPERTY, CONTRACTS AND SUITS

4. Part XI – RELATIONS BETWEEN THE UNION AND THE STATES

Correct Answer: 1

15. Which of the following writ means ‘what is your authority’?

1. Mandamus

2. Habeas Corpus

3. Quo Warranto

4. Prohibition

Correct Answer: 3

16. In which of the following judgment, the scope of writ of Habeas Corpus was widened?

1. Sunil Batra v. Delhi Administration, (1978 SC) – Solitary Confinement

2. D.K. Basu v. State of West Bengal, (1998 SC) – Rights of arrested person

3. Sheela Barse v. Union of India, (1983 SC) – ‘Safe Custody’ of children lodged in jails

4. M.C. Mehta v. Union of India, (1987 SC) – Principle of ‘absolute liability’

Correct Answer: 1

17. Under which article of the Constitution of India Citizenship by Domicile can be determined?

1. Article 5

2. Article 9 – Persons voluntarily acquiring citizenship of a foreign State not to be citizens

3. Article 10 – Continuance of the rights of citizenship

4. Article 11 – Parliament to regulate the right of citizenship by law

Correct Answer: 1

18. Supreme Court of India issued directions to the Central Government to conclude the national survey on drug abuse within a period of six months and a national plan for curbing increase of use and abuse of substance in children within four months in:

1. Bachpan Bachao Andolan v. Union of India, (2017 SC)

2. M.C. Mehta v. Union of India, (2017 SC) – Prohibition of commercial use in residential premises

3. Sheela Barse v. Union of India, (1987 SC)

4. Bandhua Mukti Morcha v. Union of India, (1984 SC) – “It is fundamental right of everyone in this country, assured under the interpretation given to Art. 21 by this Court in Francis Mullin’s (1981) 1 SCC 608: AIR 1981SC 746, case-to live with human dignity, free from exploitation. This right to live with human dignity enshrined in Art. 21 derives its life breath from the Directive Principle of State Policy and particularly cls (e) and (f) of Art. 39 and Art. 41 and 42

Correct Answer: 1

19. In which case, directions for improvement of conditions of inmates of Homes for mentally ill persons under the Persons with Disabilities Act, 1995, as well as psychiatric hospitals and nursing homes under Mental Health Act, 1987, were issued by the Supreme Court of India?

1. Reena Banerjee v. Govt., (NCT of Delhi) (2017 SC)

2. Neeraja Chaudhuri v. State, (2017 SC)

3. PUDR v. Union of India, (1982 SC) – Article 24 is designed to protect the individual not only against the State but also against other private citizens and is not limited in its application against the State but it prohibits “traffic in human being and beggar and other similar forms of forces labour” practiced by anyone else

4. Sheela Barse v. Union of India, (1987 SC)

Correct Answer: 1

20. In which case the Supreme Court of India held that all prostitutes and sex workers alse have right to live with human dignity under Article 21?

1. Lata Singh v. State of U.P., (2006 SC) – Right to Marry – This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes

2. Budhadev Karmaskar v. State of W.B., (2011 SC)

3. Gian Kaur v. State of Punjab, (1996 SC) – Right to life does not include Right to die

4. Sabia Khan v. State of U.P., (2010 SC) –

Correct Answer: 2

21. In State of Maharashtra v. Dr. Praful B. Desai, (2003 SC) the Supreme Court of India held:

1. Recording of evidence through video-conferencing so long the accused and/or his pleader are present while recording is as per “procedure established by law” and hence valid.

2. Right to speedy trial is part and parcel of Right to life under Art. 21 of the Constitution

3. It is obligatory on the employer to compute the family pension and offer the same to the widow even without making a claim on her part.

4. Where lawyers boycott or are on strike it is the duty of the court to carry on with court proceedings.

Correct Answer: 1

22. In which case, the Supreme Court held that there is no justification for permitting only Brahmins to carry out the necessary rites and rituals as priests?

1. Bhuri Nath v. State of J&K., (1997 SC)

2. Aruna Roy v. Union of India, (2002 SC) – Court cannot impose any Policy for Religious Education in Schools upon the State

3. Ismail Faruqui v. Union of India, (1994 SC) – a mosque was not an “essential part of the practice of the religion of Islam” and that namaz could be offered anywhere and hence, “its acquisition (by the state) is not prohibited by the provisions in the Constitution of India

4. N. Adithayan v. Travancore Devaswom Board, (2002 DC)

Correct Answer: 4

23. The cae of Markandey Katju v. Lok Sabha, [(2017) 2 SCC 384] is related to:

1. Freedom of Speech and Parliamentary privileges

2. Power of the Parliament to make law

3. Election of Speaker of Lok Sabha

4. Functioning of Lok Sabha

Correct Answer: 1

24. Part XIII of the Indian Constitution dealing with trade commerce and intercourse appears to drive inspiration from

1. Australian Constitution

2. UK Constitution

3. US Constitution

4. Constitution of Ireland

Correct Answer: 1

25. Which Article of the Constitution of India provides that ‘the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India?

1. Article 41 – Right to work, to education and to public assistance in certain cases 

2. Article 42 – Provision for just and humane conditions of work and maternity relief

3. Article 43 – Living wage, etc, for workers 

4. Article 44

Correct Answer: 4

26. Under the Constitution of India freedom of conscience and the right freely to profess, practice and propagate religion is subject to:

1. public order and morality

2. public order and health

3. public order, morality and to the other provisions of Part III

4. public order, morality and health and to the other provisions of Part III – Article 25. Freedom of conscience and free profession, practice and propagation of religion

Correct Answer: 4

27. Which provision of the Constitution of India provides for joint sitting of both Houses of Parliament in certain cases?

1. Article 107 – Provisions as to introduction and passing of Bills

2. Article 108

3. Article 109 – Special procedure in respect of Money Bills

4. Article 110 – Definition of Money Bill

Correct Answer: 2

28. If any question arises whether a Bill is a Money Bill or not, the decision given by the _____ shall be final:

1. Vice-President

2. Prime Minister

3. Finance Minister

4. Speaker of the Lok Sabha – Article 110(3)

Correct Answer: 4

29. Which provision of the Constitution of India deals with the representation of the Anglo-Indian Community in the House of the People?

1. Article 350 – Language to be used in representations for redress of grievances

2. Article 331

3. Article 332 – Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States

4. Article 333 – Representation of the Anglo Indian community in the Legislative Assemblies of the States

Correct Answer: 2

30. Which one of the following is not a ground mentioned in Article 19(2) of the Constitution of India on the basis of which reasonable restrictions on the freedom of speech and expression can be imposed?

1. the Security of the State

2. friendly relation with foreign states

3. incitement to an offence

4. public interest

Correct Answer: 4

31. Article 22(4) to (7) of the Constitution of India were amended by:

1. The Constitution (Forty Second Amendment) Act, 1976 also known as ‘Mini Constitution’ – insertion of Fundamental duty

2. The Constitution (Forty Fourth Amendment) Act, 1978

3. The Constitution (Fiftieth Amendment) Act, 1984 – Article 33 was inserted

4. The Constitution (Fifty Second Amendment) Act, 1985 – Anti-defection law – Addition of Xth Schedule

Correct Answer: 2

32. While imposing compulsory service for public purposes, the State shall not make any discrimination on grounds only of:

1. religion, race, caste, sex

2. religion, race, caste or any of them

3. religion, race, caste or class or any of them

4. religion, race, caste, place of birth or any of them

Correct Answer: 3

33. Which provision of the Constitution of india provides freedom as to payment of taxes for promotion of any particular religion?

1. Article 26 – Freedom to manage religious affairs

2. Article 27

3. Article 28 – Freedom as to attendance at religious instruction or religious worship in certain educational institutions

4. Article 29 – Protection of interests of minorities

Correct Answer: 2

34. Under which provision of the Constitution of India, the Parliament may by law empower any other Court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under Article 32(2) of the Constitution?

1. Article 32(2)

2. Article 32(3)

3. Article 32(4)

4. Article 226

Correct Answer: 2

35. For a person to be eligible for election as President of India, one of the qualifications required is that he is qualified for election as a member of:

1. the Parliament

2. the House of People – Article 58 -Qualifications for election as President

3. the Council of State

4. the Legislature of the State

Correct Answer: 2

36. The Vice-President may be removed from his office by a resolution of the:

1. Council of States

2. House of People

3. Council of States and agreed to by the House of People – Term of office of Vice President

4. both the Houses of Parliament and agreed to by the majority of State Legislatures

Correct Answer: 3

37. A person can become a Minister without being a member of either House of Parliament for a period of:

1. three consecutive months

2. six consecutive months – Article 75(5)

3. nine consecutive months

4. one year consecutively

Correct Answer: 2

38. What is the outer limit of representatives of the States and the UTs in the Council of States?

1. Not more than 250

2. Not more than 245

3. Not more than 238

4. Not more than 228

Correct Answer: 3

39. How many maximum members can represent the Union Territories in the Lok Sabha?

1. 20

2. 25

3. 30

4. 35

Correct Answer: 1

40. What is the effect of prorogation of the Houses on the Bill pending in Parliament?

1. It does not lapse

2. Prime Minister to decide whether the Bill lapses or not

3. Speaker to decide whether the Bill lapses or not

4. The Bill lapses

Correct Answer: 1

41. Under which article the President can promulgate ordinances during the recess of Parliament?

1. Article 121 – Restriction on discussion in Parliament 

2. Article 122 – Courts not to inquire into proceedings of Parliament

3. Article 123

4. Article 124 – Establishment and constitution of Supreme Court

Correct Answer: 3

42. How many judges constituted the Bench in the case of Supreme Court Advocates on Record Assn v. Union of India, [(2016) 5 SCC 1] in which the Constitution (Ninety Ninth Amendment) Act, 2014 was declared unconstitutional?

1. Three

2. Five

3. Seven

4. Nine

Correct Answer: 2

43. Which Article of the Constitution of India gives power to the President to consult the Supreme Court?

1. Article 141 – Law declared by Supreme Court to be binding on all courts

2. Article 143

3. Article 145 – Rules of Court, etc

4. Article 147 – Interpretation

Correct Answer: 2

44. Under which Article of the Constitution of India, there is a duty of the Chief Minister to furnish such information relation to the administration of the affairs of the State and proposals for legislation as the Governor may call for?

1. 166 – Conduct of business of the Government of a State

2. 167

3. 168 – Constitution of Legislatures in States

4. 169 – Abolition or creation of Legislative Councils in States

Correct Answer: 2

45. Who has the power to prorogue the wither House of the State Legislature?

1. President

2. Governor – Article 174. Sessions of the State Legislature, prorogation and dissolution

3. Chief Minister

4. Speaker of the Legislative Assembly

Correct Answer: 2

46. In which of the following articles of the Constitution of India the ‘Doctrine of Pleasure’ is provided?

1. Article 309 – Recruitment and conditions of service of persons serving the Union or a State

2. Article 310

3. Article 311 – Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State

4. Article 312 –  All India Services

Correct Answer: 2

47. Under which of the following articles of the Constitution of India, the Tribunals other than Administrative Tribunals can be created by the appropriate Legislature?

1. Article 323 – Reports of Public Service Commissions

2. Article 323-A – Administrative tribunals

3. Article 323-B

4. Article 324 – Superintendence, direction and control of elections to be vested in an Election Commission

Correct Answer: 3

48. According to the existing provision, the reservation of seats for the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States shall cease after _____ years from the commencement of the Constitution of India.

1. Seventy – Article 334 – By 104th Amendment the term 80 years has been substituted

2. Eighty

3. Ninety

4. Hundred

Correct Answer: 1

49. National Commission for Scheduled Tribes can be created under which provision of the Constitution of India?

1. Article 337 – Special provision with respect to educational grants for the benefit of Anglo Indian community

2. Article 338 – Special Officer for Scheduled Castes, Scheduled Tribes etc.

3. Article 338-A

4. Article 338-B – National Commission for Backward Classes

Correct Answer: 3

50. Right to enforce which articles of the Constitution of India cannot be suspended during the emergency?

1. Article 19 and 20

2. Article 20 and 21

3. Article 21 and 22

4. Article 14, 19 and 21

Correct Answer: 2

Section 2: Jurisprudence (51-100)

51. Rights which came into being after the violation of a right are:

1. primary rights

2. sanctioning rights

3. duties

4. no rights

Correct Answer: 2

52. Who said that ‘the essence of legal right seems to me to be not legally guaranteed power by itself, nor legally protected interest by itself, but the legally guaranteed power to realize an interest?

1. Paton

2. Hegel

3. Allen

4. Salmond

Correct Answer: 3

53. Who described ownership as ‘a right-indefinite in point of user – unrestricted in point of disposition – and unlimited in point of duration – over a determinate thing’?

1. Salmond

2. Ihering

3. Renner

4. Austin

Correct Answer: 4

54. ‘It is difficult to see what the pure theory of law can contribute to a system which it assumes to be law, but which it derives from a basic form which it cannot find’. This was commented on Kelson’s theory of Grundnorm by:

1. Friedman

2. Stone

3. Austin

4. Hart

Correct Answer: 2

55. An essay entitled ‘On the Vocation of Our Age for Legislation and Jurisprudence’ was written with which, in the words of Ihering, a new jurisprudence was born. Who was the author of this essay?

1. Puchta

2. Fuller

3. Savigny

4. Salmond

Correct Answer: 3

56. ‘Ratio legis’ means:

1. passing observation of the statute

2. applicability of the statute

3. the true intention of the statute

4. operation of the statute

Correct Answer: 3

57. In precedents, rules and principles are laid down by:

1. inductive method

2. deductive method

3. constructive method

4. predictive method

Correct Answer: 1

58. Who said that in possession there is manifestation of individual will?

1. Hegel

2. Savigny

3. Rousseau

4. Kant

Correct Answer: 1

59. Who said that protection to possession stands on the same grounds as protection against injuria?

1. Windscheid

2. Holland

3. Austin

4. Duguit

Correct Answer: 1

60. Who defines ownership as ‘a plenary control over an object’?

1. Holland

2. Salmond

3. Savigny

4. Ihering

Correct Answer: 1

61. Who classified sources of law into formal and material sources?

1. Salmond

2. Allen

3. Keeton

4. Austin

Correct Answer: 1

62. Which school of thought opined that customs originate from common consciousness of the people?

1. Historical school

2. Analytical school

3. Sociological school

4. Natural Law school

Correct Answer: 1

63. Who explained customs as ‘one of the main triangles of the laws of England’?

1. Dicey

2. Coke

3. Blackstone

4. Salmond

Correct Answer: 2

64. Who said that custom is per se law?

1. Puchta

2. Savigny

3. Coke

4. Hart

Correct Answer: 2

65. Who wrote the book ‘Law of the Constitution’?

1. Dicey

2. Maitland

3. Salmond

4. Gray

Correct Answer: 1

66. Who states that ‘no one has any other right than always to do his duty’?

1. Duguit

2. Holland

3. Austin

4. Salmond

Correct Answer: 1

67. Two main theories of legal right are:

1. the Will Theory and the Interest Theory

2. the Will Theory and the Realist Theory

3. the Interest Theory and the Symbolist Theory

4. the will Theory and the Concession Theory

Correct Answer: 1

68. According to Hohfeld, the Correlative of Power is:

1. Immunity

2. Liability

3. No-right

4. Diasability

Correct Answer: 2

69. Which theory of personality laid down that only human beings have personality. Juristic persons are no persons at all?

1. Realist theory

2. Purpose theory

3. Fiction theory

4. Concession theory

Correct Answer: 2

70. According to whom, possession is protected because every act of violence is unlawful:

1. Rousseau

2. Savigny

3. Holland

4. Kelsen

Correct Answer: 2

71. Who said that ‘the law is not to be deducted from the rule but the rule from the law’?

1. Paulus

2. Hobbes

3. Bentham

4. Austin

Correct Answer: 1

72. ‘Who wrote the book ‘Elementiae Philosophial’

1. Savigny

2. Maine

3. Austin

4. Hobbes

Correct Answer: 4

73. Who divided jurisprudence into ‘general’ and ‘particular’ jurisprudence?

1. Austin

2. Holland

3. Locke

4. Puchta

Correct Answer: 1

74. Who defined jurisprudence as ‘the scientific synthesis of the essential principles of law’?

1. Salmond

2. Allen

3. Austin

4. Bentham

Correct Answer: 2

75. Who is the founder of the Analytical School?

1. Bentham

2. Salmond

3. Allen

4. Austin

Correct Answer: 4

76. Who defined law as ‘a rule laid down for the guidance of an intelligent being by an intelligent being having power over him’?

1. Salmond

2. Jerome Frank

3. Austin

4. Kelsen

Correct Answer: 3

77. Who wrote the essay ‘Vom Beruf’ in 1814?

1. Savigny

2. Thiabaut

3. Hegel

4. Puchta

Correct Answer: 1

78. Hugo stated that

1. laws are the creation of climate, local situations, accident or imposture

2. the essence of law as is its acceptance, regulations and observance by the people

3. law is not universal in nature

4. law is the command of the sovereign

Correct Answer: 2

79. Who is the exponent of ‘Volkgeist’ theory?

1. Holmes

2. Roscoe Pound

3. Savigny

4. Thiabuat

Correct Answer: 3

80. Who stated ‘law grows with a nation, increases with it and dies at its dissolution and is a characteristic of it’?

1. Savigny

2. Maine

3. Holmes

4. Gray

Correct Answer: 1

81. Who wrote the book ‘Das Rhect des Besitzes’?

1. Savigny

2. Hegel

3. Maine

4. Puchta

Correct Answer: 1

82. ‘Self-interest causes a conflict between individual will and general will’. Who expresses this opnion?

1. Savigny

2. Austin

3. Puchta

4. Maine

Correct Answer: 3

83. Law is defined or ‘the standard of what is just and unjust’ by:

1. Justinian’s Digest

2. Ulpian

3. Cicero

4. Salmond

Correct Answer: 1

84. Who said that Law is ‘the highest reason implanted in nature’?

1. Hart

2. Salmond

3. Cicero

4. Maitland

Correct Answer: 3

85. ‘Factum valet’ means an act:

1. Which is in contravention of some moral injunction, if accomplished in fact, should be considered valid

2. which is in contravention of some legal injunction, if accomplished in fact, should be considered valid

3. Which in an contravention of precedents

4. An act done in contravention of Law

Correct Answer: 1

86. Who defined state as ‘an association of human beings generally occupying a territory for the attainment of internal order and external security’?

1. Gettel

2. Salmond

3. Holland

4. Rousseau

Correct Answer: 3

87. Duguit propounded the concept of:

1. Volkgeist

2. Social Engineering

3. Utilitarianism

4. Social solidarity

Correct Answer: 4

88. Who defined law as ‘the form of the guarantee of the conditions of life of society assured by State’s power of constraint’?

1. Ihering

2. Ehlrich

3. Pound

4. Duguit

Correct Answer: 1

89. According to whom, ‘state is a community of persons permanently occupying a definite territory, legally independent of external control and possessing an organized government which creates and administers law over all persons and groups within its jurisdiction. Abstractly considered, the state is juristic entity or person, concretely considered, it is the community, the territory which it occupies and the government organization through which it wills & acts’?

1. Gettel

2. Austin

3. Holland

4. Salmond

Correct Answer: 1

90. Who said that state is the result of a natural instinct in man?

1. Aristotle

2. Kant

3. Hobbes

4. Grotious

Correct Answer: 1

91. Who said that ‘international law is not law but it is only a positive morality’?

1. Kant

2. Salmond

3. Aristotle

4. Austin

Correct Answer: 4

92. Pound defines law as:

1. a social institution to satisfy social wants

2. the de psychologized command

3. a social fact

4. a positive morality

Correct Answer: 1

93. ‘A precept or rule of action imposed upon men by some authority which enforces obedience to it’ is:

1. imperative law

2. physical law

3. natural law

4. conventional law

Correct Answer: 1

94. Who wrote the book ‘De la Republique’?

1. Machiavelli

2. Bodin

3. Hobbes

4. Bentham

Correct Answer: 2

95. Who said that state is absolute and is an end in itself?

1. Hobbes

2. Bodin

3. Machiavelli

4. Austin

Correct Answer: 3

96. Who supported the absolute power of the sovereign on utilitarian grounds?

1. Hobbes

2. Bentham

3. Dicey

4. Austin

Correct Answer: 2

97. Who gave sociological approach to sovereignty?

1. Holland

2. Jethro Brown

3. Bodin

4. Austin

Correct Answer: 2

98. Who said that there can be no concept of sovereignty as distinct and separate from and above the law?

1. Kelsen

2. Dicey

3. Bodin

4. Hart

Correct Answer: 1

99. Who classified sources of law into binding and persuasive sources?

Keeton

2. Salmond

3. Duguit

4. Allen

Correct Answer: 1

100. What is the jural opposite of Immunity?

1. Disability

2. Privilege

3. No right

4. Liability

Correct Answer: 1

(Q.101-150)- Other Subjects such as Contract, Torts, Criminal Law, International Law, IPR

101. A, by instigation, voluntarily causes B, a person under 18 years of age to commit suicide. A has committed:

1. no offence

2. murder

3. abetment to murder – Section 300 Illustration of Exception 5 of IPC

4. culpable homicide not amounting to murder

Correct Answer: 3

102. Under which provision of Indian Penal Code the ‘Dowry death’ is defined?

1. Section 304 – Punishment for culpable homicide not amounting to murder

2. Section 304-A – Causing death by negligence

3. Section 304-B

4. Section 305 – Abetment of suicide of child or insane person

Correct Answer: 3

103. In which case Section 309 of Indian Penal Code was declared constitutional?

1. P. Rathinam v. Union of India – The Supreme Court held that criminal penalties for suicide violate the constitutional right to life by amounting to a double punishment; specifically arguing that women who attempt suicide after abuse cannot be criminally penalized for their suicide attempt.

2. Bachan Singh v. Union of India – Capital punishment in India can be given only in rarest of rare cases.

3. Gian Kaur v. State of Punjab

4. Ansari v. Union of India

Correct Answer: 3

104. A causes Z to go within a walled space and locks Z in A has committed the offence of:

1. Wrongful restraint

2. Wrongful confinement

3. Force

4. Criminal Force

Correct Answer: 2

105. Punishment for kidnapping as provided under Indian Penal Code

1. Imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.

2. Imprisonment of either description for a term which may extend to five years, and shall also be liable to fine

3. Imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

4. Imprisonment for life

Correct Answer: 1

Explanation: Section 363 of IPC

106. The maxim de minimis non curat lex means:

1. Law would not take action on small and trifling matter

2. Law does not ignore any act done by anyone

3. Law ignores actions done by minor

4. Law ignores action done by persons of unsound mind

Correct Answer: 1

107. Criminal Law (Amendment) Act, 2013 is based on:

1. Verma Committee report

2. Malimath Committee Report

3. Shah Committee Report

4. Mehta Committee Report

Correct Answer: 1

108. Under Section 125 Cr.P.C., the magistrate of the first class may, in certain circumstances order for maintenance of wives, children and parents, monthly allowance at such monthly rates:

1. not exceeding five hundred rupees in the whole

2. not exceeding fifteen hundred rupees in the whole

3. not exceeding two thousand five hundred rupees in the whole

4. as such Magistrate thinks fit

Correct Answer: 4

109. A is accused of cheating B at a given time and place. The charge:

1. must set out the manner in which A cheated B – Section 213 of Cr.P.C.- When manner of committing offence must be stated

2. must not set out the manner in which A cheated B

3. may or may not set out the manner in which A cheated B

4. no charge is required to be framed in this case

Correct Answer: 1

110. Which section of Cr.P.C gives power to the appropriate Government to commute Sentence?

1. Section 431 – Money ordered to be paid recoverable as fine

2. Section 431-A

3. Section 433

4. Section 433-A – Restriction on powers of remission or commutation in certain cases

Correct Answer: 3

111. Which section of Cr.P.C. provides that ‘Any person accused of an offence before a Criminal Court, or against whom proceedings are instituted under this Code, may of right be defended by a pleader of his choice?

1. Section 301 – Appearance by Public Prosecutors.

2. Section 302 – Permission to conduct prosecution

3. Section 303

4. Section 305 – Procedure when corporation or registered society is an accused

Correct Answer: 3

112. An agreement not enforceable by law is:

1. void – Section 2(g)

2. voidable

3. valid

4. a contract

Correct Answer: 1

113. Who said that ‘Acceptance is to offer what a lighted match is to gun powder. Both do something which cannot be undone?

1. Mulla

2. Anson

3. Avtar Singh

4. Justice Atkin

Correct Answer: 2

114. The threat of suicide amounts to :

1. coercion

2. undue influence

3. fraud

4. misrepresentation

Correct Answer: 1

115. A, a man enfeebled by disease or age is induced by B’s influence over him as his medical attendant, to agree to pay B an unreasonable sum for his professional services, B employs

1. coercion

2. undue influence – Section 16 (3) – Undue Influence

3. fraud

4. misrepresentation

Correct Answer: 2

116. Agreement in restraint of marriage is:

1. void – Section 26. Agreement in restraint of marriage, void

2. voidable

3. valid

4. wagering contract

Correct Answer: 1

117. A agrees with B to discover treasure by magic. The agreement is

1. void – Section 56. Agreement to do impossible act

2. voidable

3. valid

4. both void and voidable

Correct Answer: 1

118. Fraud was defined in a well known English case:

1. Derry v. Peek

2. Ashby v. White – the right to vote is a common law right and thus, an obstruction of that right should give rise to a cause of action

3. Turner v. Green – mere silence regarding a material fact, which one party is not obliged to disclose to the other, cannot be a ground for rescission, or a defence to specific performance

4. Wath v. O’ Flanagan – When negotiating to enter into a contract, a person may have a duty to disclose material facts which come to his notice before the conclusion of a contract if they falsify a representation previously made by him.

Correct Answer: 1

119. A finds B’s purse and gives it to him. B promises to give A Rs. 50.

1. This is a valid contract

2. This is void contract

3. This is a voidable contract

4. This is no contract at all

Correct Answer: 1

120. A directs B, his solicitor, to sell his estate by auction, and to employ an auctioneer for the purpose. B names C, an auctioneer, to conduct the sale.

1. C is not a sub-agent, but is A’s agent for the conduct of the sale – Section 194 of Contract Act – Relation between principal and person duly appointed by agent to act in business of agency

2. C is only a sub-agent of A

3. C is neither agent nor sub-agent of A

4. It is the options of A to treat C either agent or sub-agent

Correct Answer: 1

121. A and B jointly owe 100 rupees to C, A alone pays amount to C, and B not knowing the fact, pays 100 rupees over again to C

1. C is not bound to repay the amount to A or B

2. C is bound to repay the amount to A

3. C is bound to repay the amount to both A and B

4. C is bound to repay the amount to B. – Section 72 of Contract Act Liability of person to whom money is paid, or thing delivered, by mistake or under coercion.

Correct Answer: 4

122. A,B and C jointly promise to pay D 3,000 rupees. D may compel:

1. either A or B or C to pay him 3,000 rupees – Section 43. Any one of joint promisors may be compelled to perform

2. either A or B to pay him 3,000 rupees

3. either B or C to pay him 3,000 rupees.

4. all to pay him 3,000 rupees simultaneously

Correct Answer: 1

123. The 2030 Agenda for Sustainable Development is based on _______ Sustainable Development Goals

1. 5

2. 15

3. 17

4. 18

Correct Answer: 3

124. Which of the following case led to the enactment of “The Compensatory Afforestation Fund, Act, 2016?

1. T.N. Godavarman Thirumulpad v. Union of India, (2002)

2. M.C. Mehta v. Union of India (2016)

3. Centre for Environmental Law, World Wide Fund India v. Union of India (2013) – The supreme Court held that re-introduction of the Asiatic lion in Kuno was a priority that cannot be delayed if we want to protect this species from extinction. The court considered that the fact that the Asiatic lion had been historically present in Kuno and that there was an important prey ratio is a guarantee that the re-introduction should take place there.

4. Centre for Public Interest Litigation v. Union of India, (2012) – Wherever a contract is to be awarded or a licence is to be given, the public authority must adopt a transparent and fair method for making selections so that all eligible persons get a fair opportunity of competition. When it comes to alienation of scarce natural resources like spectrum, etc. it is the burden of the State to ensure that a non-discriminatory method is adopted for distribution and alienation, which would necessarily result in protection of national/public interest.

Correct Answer: 1

125. Which Article of the Constitution puts a Fundamental Duty on the citizens to protect and improve national environment?

1. Article 48A – Protection and improvement of environment and safeguarding of forests and wild life

2. Article 21

3. Article 51 A (e) – imposes on every citizen by way of fundamental duty the responsibility to renounce practices derogatory to the dignity of women.

4. Article 51-A (g)

Correct Answer: 4

126. In 1980, the Central Government appointed a Committee to Review Environmental Legislation and recommend measures for ensuring environmental protection. The name of the Committee was:

1. Kamal Nath Committee

2. M.C. Mehta Committee

3. Khanna Committee

4. Tiwari Committee

Correct Answer: 4

127. Under the Paris Agreement, 2015, the contributions that each individual country should make in order to achieve the worldwide goals are determined by all countries individually and called as:

1. Environment Fund

2. Climate Fund

3. Nationality determined contributions

4. Voluntary determined contribution

Correct Answer: 3

128. The New Chapter VI-A, which deals with various aspects of forfeiture of property derived from illegal hunting and trade, was added in the Wild Life (Protection) Act, 1972, in the year:

1. 2000

2. 2002

3. 2006

4. 2016

Correct Answer: 2

129. The concept of absolute liability was developed by the Supreme Court of India in M.C. Mehta v. Union of India, the judgment of which was delivered by:

1. Justice Kuldip Singh

2. Justice Krishna Iyer

3. Justice Bhagwati

4. Justice Chandrachud

Correct Answer: 3

130. The case of Bangalore Medical Trust v. B.S. Mudappa, (1991 SC) related to:

1. Converting a public park into a nursing home

2. Reservation of seats in medical colleges

3. Throwing the hospital waste into the river

4. Medical negligence in the hospital

Correct Answer: 1

131. The Montreal Protocol, 1987 (Ozone Treaty) came into force with effect from

1. January, 1987

2. January 1988

3. January, 1989

4. January, 2001

Correct Answer: 3

132. ‘The authorities must anticipate, prevent and attack the causes of environment degradation.’ The above statement is a part of:

1. Polluter Pays Principle of Sustainable Development

2. The Precautionary Principle of Sustainable Development

3. Inter-generation equality of Sustainable Development

4. Obligation to assist and cooperate

Correct Answer: 2

133. The defendant Board had the statutory power to repair sea walls but was under no duty to do so. A high tide broke the sea wall and flooded the plaintiff’s land. The Board sent an inexperienced man with poor equipment and the repair work took almost six months to complete. It was proved that with reasonable skill it could have been completed in about two weeks. The defendant is:

1. Liable in negligence as they had a legal duty to take care towards the plaintiff and committed its breach.

2. Liable in negligence as they should have sent an experienced man with proper equipment to do the work.

3. Not liable in negligence as they owed no legal duty to take care towards the plaintiff

4. Not liable in negligence as they have done whatever they could have done under the circumstances

Correct Answer: 3

134. The case of Donoghue v. Stevenson was decided by the

1. US Supreme Court

2. House of Lords

3. European Court of Human Rights

4. Australian Supreme Court

Correct Answer: 2

135. The term tort has been derived from the Latin term ‘tortum’, which means:

1. damages

2. wrong

3. to twist

4. civil wrong

Correct Answer: 3

136. Ashby v. White is a leading decision explaining the maxim of:

1. Injuria sine damno – Injury without damage or it means infringement of an absolute private right without any actual loss or damage.

2. Damnum sine injuria – damage without infringement of any legal right. damage without injury is not actionable.

3. Injuria sine damno as well as Damnum sine injuria

4. Neither Injuria sine damno nor Damnum sine injuria

Correct Answer: 1

137. ‘Pigeon-hole theory’ of tort was given by:

1. Winfield

2. Pollock

3. Anson

4. Salmond

Correct Answer: 4

138. For the application of the defence of volenti non fit injuria it is sufficient if

1. the plaintiff knew that the risk is there

2. the plaintiff agreed to suffer the harm

3. the plaintiff knew that the risk is there and he knowing the same, agreed to suffer the harm

4. the plaintiff either know that the rsik, is there or he agreed to suffer the harm voluntarily.

Correct Answer: 3

139. When the defendant by his act creates an apprehension in the mind of the plaintiff that he is going to commit battery against the plaintiff?

1. the wrong of assault is completed

2. the wrong of assault is not completed

3. the wrong of assault may be completed

4. no wrong is committed

Correct Answer: 1

140. Which of the following defences are available to an action for defamation?

1. Justification or truth

2. Fair Comments

3. Privilege, which may be either absolute or qualified

4. Justification or truth, fair comments as well as privilege, which may be either absolute or qualified.

Correct Answer: 4

141. The statement that a lady has given birth to a child. It is a

1. defamatory statement

2. not a defamatory statement

3. defamatory statement if the lady is unmarried

4. dependent on the intention of the maker of the statement

Correct Answer: 3

142. What is the status of ‘juristic opinion’ as a source of law?

1. Primary source

2. Subsidiary source

3. Not a source at all

4. Primary or secondary in view of circumstances of each case

Correct Answer: 2

143. When did India enact Indian Maritime Zone Act?

1. 1982

2. 1976

3. 1994

4. 1979

Correct Answer: 2

144. Which one of the following is not a principal organ of UNO?

1. International Court of Justice

2. Economic and Social Council

3. International Criminal Court

4. Trusteeship Council

Correct Answer: 3

145. Who among the following Jurists has been called as father of Modern Law of Nation by Oppenheim?

1. Starke

2. Kelson

3. Fenwick

4. Grotious

Correct Answer: 4

146. In which year U.N. Commission on Human Rights, which has been replaced by Human Rights Council, was established?

1. 1945

2. 1946

3. 2005

4. 2006

Correct Answer: 2

147. The first case decided by the European Court of Human Rights was:

1. Brogan v. United Kingdom

2. Lengens v. Austria

3. Ireland v. United Kingdom

4. Lawless v. Ireland

Correct Answer: 4

148. Right to marry is recognized under which provision of Universal Declaration of Human Rights?

1. Article 15 – Right to Nationality

2. Article 16

3. Article 17 – Right to own property

4. Article 18 – freedom of thought, conscience and religion

Correct Answer: 2

149. The UN Economic and Social Council consists of:

1. 34 member states

2. 44 member states

3. 54 member states

4. 60 member states

Correct Answer: 3

150. In which case, the Supreme Court of India issued guidelines for preventing custodial violence?

1. D.K. Basu v. State of west Bengal, (1997 SC)

2. Maneka Gandhi v. Union of India, (1978 SC)

3. Parmanand Katra v. Union of India, (1989 SC) – The land mark judgement in the case made it obligatory for a doctor or a hospital both public and private to provide immediate medical aid to a victim of a road accident.

4. PUCL v. Union of India (1997 SC) – The Supreme Court affirmed that telephone tapping infringed the fun- damental right to privacy, and created safeguards against arbitrariness in the exercise of the state’s surveillance powers.

Correct Answer: 1

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