Du Llm Entrance Test, 2014
Previous Year Question Paper
No. Of Questions: 175
Time Allowed: 2 hours
Maximum Marks: 700
Important Instructions to the the Candidates: Read the Questions carefully before you answer. Each Correct answer will get 4 marks. Each incorrect answer will incur a penalty of 1 mark. There will be no penalty , if a question is not attempted. Each question is eligible for review before submission. No malpractices are allowed during exam. Try to answer your best.
- 1.
Which one of the following make an agreement void?
- A.
Mistake of one of the parties
- B.
Mistake of Law
- C.
Mistake of a foreign law
- D.
Mistake of fact by both the parties
Correct Answer
D. Mistake of fact by both the partiesExplanation
When both parties make a mistake of fact, it renders the agreement void. This means that if both parties are mistaken about a material fact, such as the subject matter of the agreement or the terms and conditions, the agreement is considered invalid and unenforceable. Mistake of fact refers to a situation where both parties have a false belief about a particular fact that is essential to the agreement. In such cases, the agreement is deemed to be based on a mutual misunderstanding and is therefore void.Rate this question:
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- 2.
Which of the following pairs is incorrect?
- A.
Rebus sic stantibus - Non-parties may accede to a treaty
- B.
Pacta sunt servanda - Every treaty in force is binding upon the parties to it and must be performed by them in good faith.
- C.
Opinio juris sive necessitates - The states should follow a particular practice not as a matter of convenience but as an obligation
- D.
Pacta terries nec nocent nec prosunt - Treaties neither impose obligations nor confer rights on third parties.
Correct Answer
A. Rebus sic stantibus - Non-parties may accede to a treaty -
- 3.
In which of the following cases, General Principles of law recognized by civilized nations was applied?
- A.
Lotus case, 1927
- B.
Asylum case
- C.
Islands of Palmas case, 1928
- D.
Anglo-Norwegian Fisheries Case
Correct Answer
C. Islands of Palmas case, 1928Explanation
In the Islands of Palmas case, the General Principles of law recognized by civilized nations were applied. This can be inferred from the fact that the case involved a territorial dispute between the Netherlands and the United States, and the arbitral tribunal relied on principles of international law to determine the ownership of the islands. The decision in this case established the principle of uti possidetis, which states that newly independent states should inherit the territorial boundaries of the colonial entity they were part of. This principle is widely recognized and applied in international law, making the Islands of Palmas case a clear example of the application of General Principles of law recognized by civilized nations.Rate this question:
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- 4.
“Recognition of Government is unnecessary” is also known as:
- A.
Estrada doctrine
- B.
Rebus sic stantibus
- C.
Calvo clause
- D.
De facto Recognition
Correct Answer
A. Estrada doctrineExplanation
The Estrada doctrine refers to the belief that recognition of a government is unnecessary and that it should be based on non-interference in the internal affairs of other countries. This doctrine is named after Mexican diplomat Genaro Estrada, who advocated for a policy of non-intervention and non-recognition of governments. The doctrine emphasizes the importance of respecting the sovereignty and self-determination of nations, regardless of their political systems or ideologies. It is often used as a guiding principle in international relations, particularly in cases where a government's legitimacy is disputed or controversial.Rate this question:
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- 5.
In which of the following cases, the issue of right of innocent passage was decided by the ICJ?
- A.
North sea continental shelf cases
- B.
Corfu channel case
- C.
Anglo Norwegian Fisheries case
- D.
Lotus case
Correct Answer
B. Corfu channel caseExplanation
The Corfu channel case is the correct answer because it involved the issue of right of innocent passage. In this case, the ICJ had to determine whether Albania had violated the rights of innocent passage by laying mines in international waters, which caused damage to British naval vessels. The court ruled that Albania was responsible for the damage and that it had violated the right of innocent passage under international law. This case is significant because it established the principle that states must respect the right of innocent passage in international waters.Rate this question:
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- 6.
Can a receiving state declare any member of the diplomatic staff of the sending state as persona non grata under Vienna Convention on Diplomatic Relations, 1961?
- A.
Yes, no reasons are to be given for doing so.
- B.
No, as the Vienna Convention on diplomatic relations specifically prohibits it.
- C.
Yes, but it has to give detailed reasons for doing so and justify its case.
- D.
No, as there is no such provision in the Vienna Convention on Diplomatic relations.
Correct Answer
A. Yes, no reasons are to be given for doing so.Explanation
Yes, a receiving state can declare any member of the diplomatic staff of the sending state as persona non grata under the Vienna Convention on Diplomatic Relations, 1961. This means that the receiving state can expel the diplomat without providing any reasons for their decision. The receiving state has the sovereign right to determine who is acceptable as a diplomatic representative within its territory, and the Vienna Convention allows for the declaration of persona non grata as a means of exercising this right.Rate this question:
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- 7.
Which of the following pairs is correct?
- A.
LaGrand case, 2001 - Application of customary international law
- B.
Anglo Norwegian Fisheries case - Delimitation of territorial sea
- C.
Nottebohm case - Use of Force
- D.
Nicargua v. United States - Delimitation of Continental Shelf
Correct Answer
B. Anglo Norwegian Fisheries case - Delimitation of territorial seaExplanation
The Anglo Norwegian Fisheries case is correctly paired with the delimitation of territorial sea because this case involved a dispute between the United Kingdom and Norway over the extent of their respective territorial seas. The International Court of Justice was called upon to determine the boundary between these two maritime zones. Therefore, this pair accurately represents the subject matter of the case.Rate this question:
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- 8.
Which of the following statements is correct about Hugo Grotious?
- A.
He wrote mare clausum
- B.
He was a positivist
- C.
He belonged to Britain
- D.
He secularized the concept of law of nature and considered it as an independent source of international law.
Correct Answer
D. He secularized the concept of law of nature and considered it as an independent source of international law.Explanation
Hugo Grotius is correctly associated with secularizing the concept of the law of nature and considering it as an independent source of international law. This means that he believed that the laws of nature, rather than religious or divine authority, should form the basis of international law. Grotius's ideas had a significant impact on the development of modern international law and the concept of state sovereignty.Rate this question:
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- 9.
Who gave the concept of “common heritage of mankind” for seabed and the ocean floor beyond national jurisdiction?
- A.
Kelsen
- B.
Selden
- C.
Arvid Pardo
- D.
G.C. Chesire
Correct Answer
C. Arvid PardoExplanation
Arvid Pardo is the correct answer because he is the one who introduced the concept of "common heritage of mankind" for the seabed and the ocean floor beyond national jurisdiction. This concept suggests that these areas should be considered as the shared heritage of all humanity and should be managed and utilized for the benefit of all nations. Pardo's proposal in the 1960s led to the establishment of the United Nations Convention on the Law of the Sea, which recognizes the concept of common heritage of mankind in relation to the seabed and ocean floor.Rate this question:
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- 10.
Who amongst the following was of the opinion that binding force of international law is based on a fundamental principle known as Pacta sunt servanda?
- A.
Anzilloti
- B.
Brierly
- C.
Oppenheim
- D.
Bentham
Correct Answer
A. AnzillotiExplanation
Anzilloti was of the opinion that the binding force of international law is based on a fundamental principle known as Pacta sunt servanda. This principle means that agreements must be kept and honored by the parties involved. Anzilloti believed that this principle is the foundation of international law and is essential for maintaining stability and order in the international community.Rate this question:
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- 11.
Nemo judex in causa sua was applied as a general principle of law recognized by civilized nations in:
- A.
LaGrand case, 2001
- B.
Chorzow Factory case, 1927
- C.
Island of Palmas case, 1928
- D.
U.N. administrative Tribunal Case, 1954
Correct Answer
B. Chorzow Factory case, 1927Explanation
"Nemo judex in causa sua" is a Latin phrase that means "no one should be a judge in their own cause." In the Chorzow Factory case of 1927, this principle was applied. The case involved a dispute between Germany and Poland over the expropriation of a coal mine. The Permanent Court of International Justice ruled that Poland had violated international law by expropriating the mine without providing adequate compensation. The application of "nemo judex in causa sua" in this case ensured that an impartial judgment was made, as it prevented either party from acting as a judge in their own cause.Rate this question:
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- 12.
Which one Which of the following has not been dealt with by the four Geneva Conventions of 1958 on various zones of the sea?do you like?
- A.
Territorial sea
- B.
Contiguous zone
- C.
Continental shelf
- D.
Exclusive Economic zone
Correct Answer
A. Territorial seaExplanation
The four Geneva Conventions of 1958 on various zones of the sea have dealt with the issues of the contiguous zone, continental shelf, and exclusive economic zone. However, the territorial sea has not been specifically addressed by these conventions.Rate this question:
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- 13.
Who considered customary international law as a part of common law?
- A.
Hall
- B.
William Blackstone
- C.
Bentham
- D.
Triepel
Correct Answer
B. William BlackstoneExplanation
William Blackstone considered customary international law as a part of common law. Blackstone, an English jurist and legal scholar, believed that customary international law was automatically incorporated into the common law of England. He argued that international law was not separate from domestic law, but rather formed an integral part of it. Blackstone's views on the relationship between customary international law and common law had a significant influence on legal thinking in both England and the United States.Rate this question:
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- 14.
Which of the following statements is correct in the light of Article 38(1) of statute of International Court of Justice?
- A.
Teachings of the most highly qualified publicists is a secondary source of international law.
- B.
Judicial decisions on international bodies are primary source of international law.
- C.
General Assembly Resolutions are secondary source of international law.
- D.
Equity is a secondary source of international law
Correct Answer
A. Teachings of the most highly qualified publicists is a secondary source of international law.Explanation
The correct answer is that the teachings of the most highly qualified publicists is a secondary source of international law. This means that the opinions and writings of legal scholars and experts in the field are considered as a secondary source of international law. Primary sources of international law include treaties, customary international law, and general principles of law recognized by civilized nations. The teachings of the most highly qualified publicists are not binding in themselves, but they are often used as persuasive authority in interpreting and developing international law.Rate this question:
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- 15.
Which of the following statement is known as: “Disputes arising out of contract shall be referred to municipal courts of state which grants concession”
- A.
Estrada Doctrine
- B.
Monism theory
- C.
Calvo clause
- D.
Jus Cogens
Correct Answer
C. Calvo clauseExplanation
The Calvo clause is a statement that disputes arising from a contract should be referred to the municipal courts of the state that grants the concession. This means that any legal disputes related to the contract should be resolved within the jurisdiction of the state that issued the concession. The Calvo clause is named after Carlos Calvo, an Argentine lawyer and diplomat who advocated for the protection of national sovereignty in international contracts. It is often included in contracts involving foreign investments to ensure that disputes are resolved according to the laws of the host country.Rate this question:
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- 16.
Which of the following has been dealt with specifically by the Agreement of 1994 relating to the implementation of Part XI of the UN Convention on Law of the Sea?
- A.
Fishing at the High seas
- B.
Seabed mining
- C.
Surplus of the allowable catch by landlocked and geographically disadvantaged states in the Exclusive Economic Zone of coastal states
- D.
Contiguous zone
Correct Answer
B. Seabed miningExplanation
The Agreement of 1994 specifically deals with seabed mining. This means that the agreement addresses the regulations and guidelines for mining activities on the ocean floor. It may include provisions on the exploration, exploitation, and conservation of mineral resources found in the seabed. The agreement aims to ensure that seabed mining is carried out in a sustainable and responsible manner, taking into consideration environmental protection and the interests of all participating states.Rate this question:
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- 17.
Which of the following treaties provides for the rights of individuals to petition to the Human Rights Committee?
- A.
International Covenant on Civil and Political Rights
- B.
First Optional Protocol to the International Covenant on Civil and Political rights
- C.
Universal Declaration of Human Rights
- D.
Second optional protocol to the International Covenant on Civil and Political Rights.
Correct Answer
B. First Optional Protocol to the International Covenant on Civil and Political rightsExplanation
The First Optional Protocol to the International Covenant on Civil and Political Rights provides for the rights of individuals to petition to the Human Rights Committee. This protocol allows individuals to submit complaints to the Human Rights Committee if they believe their rights under the Covenant have been violated by a state party. It establishes a mechanism for individuals to seek redress and hold states accountable for human rights violations. The other treaties mentioned in the options do not specifically provide for the rights of individuals to petition to the Human Rights Committee.Rate this question:
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- 18.
The dispute relating to the compulsory jurisdiction of ICJ on states is decided by:
- A.
Party against which the jurisdiction of ICJ is invoked.
- B.
Party which invokes the jurisdiction of ICJ
- C.
International Court of Justice
- D.
General Assembly on the recommendation of the security council
Correct Answer
C. International Court of JusticeExplanation
The correct answer is the International Court of Justice. When there is a dispute regarding the compulsory jurisdiction of the ICJ on states, it is the ICJ itself that decides the matter. The ICJ is the principal judicial organ of the United Nations and has the authority to settle legal disputes between states. Therefore, it is responsible for determining its own jurisdiction in such cases.Rate this question:
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- 19.
The continental shelf of a state may at the maximum extend upto:
- A.
100 nautical miles from the baseline
- B.
500 nautical miles from the baseline
- C.
350 nautical miles from the baseline
- D.
24 nautical miles from the baseline
Correct Answer
C. 350 nautical miles from the baselineExplanation
The continental shelf of a state may extend up to 350 nautical miles from the baseline. The continental shelf is the area of seabed and subsoil that extends beyond a state's territorial waters. It is rich in natural resources such as oil, gas, and minerals. The United Nations Convention on the Law of the Sea (UNCLOS) grants coastal states the right to explore and exploit these resources within their continental shelf. The 350 nautical miles limit is based on the geological criteria of the continental margin.Rate this question:
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- 20.
According to U.N. Convention on Law of the Sea, the Coastal state shall give the landlocked states access to surplus of the allowable catch in:
- A.
Territorial Sea
- B.
Contiguous zone
- C.
Exclusive Economic zone
- D.
All the above
Correct Answer
C. Exclusive Economic zoneExplanation
According to the U.N. Convention on Law of the Sea, the Coastal state is required to give landlocked states access to the surplus of the allowable catch in the Exclusive Economic zone. The Exclusive Economic zone is the area beyond the Territorial Sea and extends up to 200 nautical miles from the coastal baseline. This zone is under the jurisdiction of the coastal state, but it is also recognized that landlocked states have a right to access the resources in this zone to ensure their economic development and food security.Rate this question:
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- 21.
If a party to dispute fails to perform its obligations under the decision of International Court of Justice, the other party may have recourse to:
- A.
Security Council
- B.
General Assembly
- C.
International Court of Justice again
- D.
None of the above, as the decisions of the ICJ do not have binding force and are of moral value only
Correct Answer
A. Security CouncilExplanation
If a party to a dispute fails to perform its obligations under the decision of the International Court of Justice, the other party may have recourse to the Security Council. The Security Council has the authority to take measures to enforce the decisions of the ICJ. This can include imposing sanctions or even authorizing the use of force to ensure compliance with the court's decision. The Security Council's role is crucial in maintaining international peace and security and ensuring that the decisions of the ICJ are effectively implemented.Rate this question:
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- 22.
Continental Margin of a coastal state means:
- A.
Shelf + Slope only
- B.
Shelf + slope + Rise
- C.
Shelf + Slope + Rise + Abyssal Depth
- D.
None of the above
Correct Answer
B. Shelf + slope + RiseExplanation
The correct answer is Shelf + slope + Rise. Continental margin refers to the submerged outer edge of a continent, which includes the continental shelf, slope, and rise. The continental shelf is the shallow, gently sloping area extending from the shore, while the slope is a steeper area that connects the shelf to the deep ocean floor. The rise is a gentle incline that marks the transition between the slope and the abyssal plain. Therefore, the continental margin consists of all three components - shelf, slope, and rise.Rate this question:
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- 23.
“The rule requires that “local remedies” shall have been exhausted before an international action can be brought. These “local remedies” include not only reference to the courts and tribunals, but also the use of the procedural facilities which municipal law makes available to litigants before such courts and tribunals.” In which of the following cases, the above observation was made?
- A.
Ambatielos arbitration (Greece v. U.K.), 12 RIAA 83 (1956)
- B.
Finnish ships Arbitration, 3 RIAA 1479 (1934)
- C.
El Oro Mining and Railway Co. case (Great Britain v. Mexico), 5 RIAA 191 (1931)
- D.
Interhandel Case (Preliminary Objections) ICJ Rep. 1959
Correct Answer
A. Ambatielos arbitration (Greece v. U.K.), 12 RIAA 83 (1956)Explanation
The above observation was made in the case of ambatielos arbitration (Greece v. U.K.), 12 RIAA 83 (1956). The statement explains that before an international action can be brought, the rule requires that "local remedies" must be exhausted. These "local remedies" include not only referring the matter to courts and tribunals but also utilizing the procedural facilities available under municipal law.Rate this question:
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- 24.
Who was not a supporter of constructive theory of recognition?
- A.
Anzilotti
- B.
Kelsen
- C.
Lauterpacht
- D.
Kunj
Correct Answer
D. KunjExplanation
Kunj was not a supporter of the constructive theory of recognition.Rate this question:
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- 25.
According to Article 51A of the constitution which among the following are correct? 1. It shall be the duty of every state to protect monuments of national importance. 2. It shall be the duty of every citizen of India to uphold and protect the sovereignty, unity and integrity of India. 3. The state shall take steps to protect and improve the environment and to safeguard the forest and wild life of the country. 4. it shall be the duty of every citizen of India to develop the scientific temper, humanism and the spirit of inquiry and reform. Choose your answer from the following options:
- A.
1 and 3 only
- B.
2 and 4 only
- C.
1 and 2 only
- D.
3 and 4 only
Correct Answer
B. 2 and 4 onlyExplanation
According to Article 51A of the constitution, it is the duty of every citizen of India to uphold and protect the sovereignty, unity, and integrity of India (option 2). Additionally, it is also the duty of every citizen to develop the scientific temper, humanism, and the spirit of inquiry and reform (option 4). The other options (1 and 3) are not mentioned in Article 51A.Rate this question:
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- 26.
Article 368(2) reads: “An amendment of this constitution may be initiated only by the introduction of a Bill for the purpose in _A_, when the bill is passed in _B_, it shall be presented to the President who shall give his assent to the Bill and thereupon the constitution shall stand amended in accordance with the terms of the Bill.” Fill in the blanks A and B. Choose your answer from the following:
- A.
Either house of parliament, B) each house by a majority of the total membership of that House and by a majority of not less than 2/3rds of the members of that House Present and Voting.
- B.
The upper house of Parliament, B) that house with simple majority of the total membership of that House
- C.
The lower house of Parliament, B) the other House with a majority of the total membership of that House present and voting.
- D.
Either House of Parliament, B) by a special majority of that House present and voting
Correct Answer
A. Either house of parliament, B) each house by a majority of the total membership of that House and by a majority of not less than 2/3rds of the members of that House Present and Voting.Explanation
According to Article 368(2), an amendment to the constitution can only be initiated by introducing a Bill in either house of parliament (A). Once the Bill is passed in each house by a majority of the total membership of that House and by a majority of not less than 2/3rds of the members of that House present and voting (B), it is presented to the President for his assent, and the constitution stands amended in accordance with the terms of the Bill. Therefore, the correct answer is "either house of parliament, B) each house by a majority of the total membership of that House and by a majority of not less than 2/3rds of the members of that House Present and Voting."Rate this question:
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- 27.
Which part of the constitution was adopted last by the constituent assembly?
- A.
The preamble
- B.
Citizenship
- C.
Fundamental Rights
- D.
Directive Principles
Correct Answer
A. The preambleExplanation
The preamble was adopted last by the constituent assembly. The preamble is an introductory statement that sets out the guiding principles and objectives of the constitution. It outlines the ideals of justice, liberty, equality, and fraternity that the constitution seeks to achieve. The constituent assembly likely adopted the preamble last to ensure that it accurately reflected the overall vision and values of the constitution as a whole.Rate this question:
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- 28.
The president’s resignation has to be addresses to the _A_, who shall forthwith communicate the same to the _B_
- A.
A) CJI, B) Vice-president
- B.
A) Vice-president, B) Minister of India
- C.
A) Speaker of the Rajya Sabha, B) Vice President
- D.
A) Vice President, B) Speaker of the House of People
Correct Answer
D. A) Vice President, B) Speaker of the House of PeopleExplanation
The correct answer is A) Vice President, B) Speaker of the House of People. In the given statement, it is mentioned that the president's resignation has to be addressed to someone, and that person shall communicate it to someone else. The Vice President is the second-highest constitutional post in India and is responsible for presiding over the Rajya Sabha (Council of States). The Speaker of the House of People, also known as the Lok Sabha, is the presiding officer of the lower house of the Indian Parliament. Therefore, it makes sense for the president's resignation to be addressed to the Vice President, who will then communicate it to the Speaker of the House of People.Rate this question:
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- 29.
According to the constitution of India, the seat of the Supreme Court
- A.
Shall only be in Delhi
- B.
May also be in such other place or places, as the President may decide in consultation with the CJI, from time to time.
- C.
May also be in such other place or places, as the CJI may, with the approval of the President, from to time; appoint
- D.
May also be in such other places, as the Parliament may by law decide, from time to time.
Correct Answer
C. May also be in such other place or places, as the CJI may, with the approval of the President, from to time; appointExplanation
According to the constitution of India, the seat of the Supreme Court may also be in such other place or places, as the Chief Justice of India (CJI) may, with the approval of the President, appoint from time to time. This means that the CJI, in consultation with the President, has the authority to decide on the location of the Supreme Court other than Delhi.Rate this question:
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- 30.
Article 19 gets suspended automatically on the proclamation of emergency on the ground of proclamation is:
- A.
Communal riot
- B.
War of external aggression
- C.
Internal disturbance
- D.
Financial instability
Correct Answer
B. War of external aggressionExplanation
Article 19 of the Constitution guarantees certain fundamental rights, including the right to freedom of speech, expression, and movement. However, during a proclamation of emergency, these rights can be suspended. The correct answer is "War of external aggression" because during a war or external aggression, the government may suspend Article 19 to ensure the security and stability of the nation. This is done to prevent any activities that may undermine national security during times of war or external threats.Rate this question:
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- 31.
According to Constitution of India, any law made by the Parliament during the Proclamation of Presidents Rule under Article 356:
- A.
Shall continue to be in force until altered or repealed or amended by a competent legislature
- B.
Shall continue in force for 2 months more after the proclamation has ceased to operate
- C.
Becomes operative after a period of 3 months after the proclamation has ceased to operate
- D.
Becomes inoperative after the proclamation has ceased to operate.
Correct Answer
A. Shall continue to be in force until altered or repealed or amended by a competent legislatureExplanation
According to the Constitution of India, any law made by the Parliament during the Proclamation of President's Rule under Article 356 will continue to be in force until it is changed, revoked, or modified by a competent legislature. This means that the law will remain valid and applicable until the legislative body decides to make any alterations or amendments to it.Rate this question:
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- 32.
The fundamental right enshrined under Article 19(1)(f) was omitted by:
- A.
The 21st Amendment
- B.
The 25th Amendment
- C.
The 42nd Amendment
- D.
The 44th Amendment
Correct Answer
D. The 44th AmendmentExplanation
The correct answer is the 44th Amendment. This amendment omitted the fundamental right enshrined under Article 19(1)(f).Rate this question:
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- 33.
Article 14 is conferred on
- A.
Natural Persons only
- B.
Natural and Juristic persons
- C.
Juristic persons only
- D.
States only
Correct Answer
B. Natural and Juristic personsExplanation
Article 14 is conferred on both natural and juristic persons. This means that the rights and protections outlined in Article 14 of the law apply to both individuals and legal entities such as corporations or organizations. This ensures that both individuals and entities are entitled to equal protection under the law and prohibits any discrimination based on factors such as race, religion, gender, or nationality.Rate this question:
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- 34.
In which case did the SC observe that “Equality of opportunity admits discrimination with reason and prohibits discrimination without reason?”
- A.
State of Kerala v. N.M. Thomas
- B.
Air India v. Nargesh Mirza
- C.
Ajay Hasia v. Khalid Mujib
- D.
Anwer Ali Sarkar v. State of West Bengal
Correct Answer
A. State of Kerala v. N.M. ThomasExplanation
In the case of State of Kerala v. N.M. Thomas, the Supreme Court observed that "Equality of opportunity admits discrimination with reason and prohibits discrimination without reason." This means that while equality of opportunity allows for discrimination based on valid and justifiable reasons, it prohibits discrimination that is arbitrary or without any valid reason. This observation highlights the principle that discrimination should be based on rational and reasonable grounds, rather than being arbitrary or based on prejudice.Rate this question:
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- 35.
If any question as to the age of a judge of a high court, it shall be decided by:
- A.
The CJI after consultation with the CJ of High Court concerned
- B.
The CJ of High Court concerned in consultation with the Governor of the State
- C.
The president of India after consultation with the CJI
- D.
A collegium of judges
Correct Answer
C. The president of India after consultation with the CJIExplanation
The correct answer is "The president of India after consultation with the CJI." This is because the appointment of judges to the high court is done by the president of India, who consults with the Chief Justice of India (CJI) before making the decision. The CJI's opinion and advice are crucial in the appointment process. Therefore, the president of India, after consulting with the CJI, has the authority to decide any question regarding the age of a judge of a high court.Rate this question:
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- 36.
If the Prez of India is to be impeached for violation of the constitution, the charge shall be preferred by:
- A.
Rajya Sabha only
- B.
Lok Sabha only
- C.
Either House of Parliament
- D.
Joint Parliamentary Session
Correct Answer
C. Either House of ParliamentExplanation
The correct answer is Either House of Parliament. According to the Indian Constitution, the President can be impeached for violation of the constitution. The charge can be preferred by either the Rajya Sabha or the Lok Sabha. Both houses have the power to initiate the impeachment process. Once the charge is preferred, an investigation is conducted, and if found guilty, the President can be removed from office. Therefore, the charge can be preferred by either house of Parliament.Rate this question:
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- 37.
The speaker of the Lok Sabha can resign his office by addressing his resignation to:
- A.
The President
- B.
The Vice President
- C.
The Prime Minister
- D.
The deputy speaker
Correct Answer
D. The deputy speakerExplanation
The speaker of the Lok Sabha can resign his office by addressing his resignation to the deputy speaker. The deputy speaker is the second highest-ranking official in the Lok Sabha and is responsible for presiding over the proceedings in the absence of the speaker. Therefore, it is logical that the speaker would address his resignation to the deputy speaker, as they would be the appropriate authority to handle such matters in the speaker's absence.Rate this question:
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- 38.
Point out the incorrect match
- A.
G.K. Krishnan v State of Tamil Nadu – Freedom of trade
- B.
K.C. Gajapati Narayan Deo v. State of Orissa – residuary powers
- C.
Zaverbhai v. State of Bombay – repugnancy
- D.
State of Bombay v. F.N. Balsara – Doctrine of severability
Correct Answer
B. K.C. Gajapati Narayan Deo v. State of Orissa – residuary powers -
- 39.
All civil and judicial authorities in the territory of India shall act in aid of the SC has been prescribed under
- A.
Article 132
- B.
Article 135
- C.
Article 144
- D.
Article 261
Correct Answer
C. Article 144Explanation
Article 144 of the Indian Constitution states that all civil and judicial authorities in the territory of India shall act in aid of the Supreme Court. This means that these authorities are required to assist and support the Supreme Court in the execution of its orders and judgments. It ensures that the decisions and rulings of the Supreme Court are upheld and implemented effectively throughout the country.Rate this question:
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- 40.
The Judge of the SC is appointed
- A.
By president after consulting CJI and 2 judges of the SC
- B.
By president after consulting the collegium of 4 judges and the CJI
- C.
By President after consulting the Union Council of Ministers
- D.
By President after consulting the collegium of judges, council of Ministers and judges of the High Courts
Correct Answer
B. By president after consulting the collegium of 4 judges and the CJIExplanation
The correct answer is "by president after consulting the collegium of 4 judges and the CJI". This is because according to Article 124 of the Indian Constitution, the appointment of judges to the Supreme Court is done by the President after consultation with the Chief Justice of India (CJI) and a collegium of four judges. The collegium is a body of senior judges of the Supreme Court who make recommendations for appointments and transfers of judges. Therefore, the President appoints the Judge of the SC after consulting the collegium of 4 judges and the CJI.Rate this question:
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- 41.
41. Point out the incorrect pair
- A.
Article 83- Qualification for membership of Parliament
- B.
Article 137- SC’s power of review
- C.
Article 256 – Power of Union to issue directions
- D.
Article 317 – Removal and suspension of a member of a Public Service Commission
Correct Answer
A. Article 83- Qualification for membership of ParliamentExplanation
The incorrect pair in this question is "Article 83- Qualification for membership of Parliament". This is because Article 83 actually deals with the duration of Houses of Parliament, not the qualification for membership. The correct article for qualification for membership of Parliament is Article 84.Rate this question:
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- 42.
Which of the following statement is correct?
- A.
The American doctrine of waiver of fundamental rights is part of the Indian Constitution.
- B.
No person can waive his fundamental rights under the Indian Constitution as they are sacrosanct and no individual can tinker with them.
- C.
A non-citizen can waive his fundamental rights.
- D.
A citizen can waive his fundamental rights which are for his individual benefit.
Correct Answer
B. No person can waive his fundamental rights under the Indian Constitution as they are sacrosanct and no individual can tinker with them. -
- 43.
‘Catch-up rule’ evolved by the SC in Union of India v. Virpal Singh was eliminated by which amendment of the Constitution?
- A.
81st Amendment
- B.
82nd Amendment
- C.
85th Amendment
- D.
93rd Amendment
Correct Answer
C. 85th AmendmentExplanation
The 'Catch-up rule' was eliminated by the 85th Amendment of the Constitution.Rate this question:
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- 44.
Under which of the following 2 provisions, the President has to act not on the advice of the Union Council of Ministers but on the advice of some other constitutional authorities?
- A.
Articles 356 and 72
- B.
Articles 356 and Article 103(1)
- C.
Article 103(1) and 217(3)
- D.
Articles 217(3) and 356
Correct Answer
C. Article 103(1) and 217(3) -
- 45.
Under the Constitution ‘Doctrine of Eclipse’ applies
- A.
To all post-constitutional laws but only in respect of non-citizens.
- B.
To all laws, pre-constitutional and post constitutional
- C.
Only to the re-constitutional laws but only in respect of non-citizens
- D.
To the post-constitutional laws in respect of citizens only
Correct Answer
B. To all laws, pre-constitutional and post constitutionalExplanation
The correct answer is that the Doctrine of Eclipse applies to all laws, both pre-constitutional and post-constitutional. This means that any law, whether it was enacted before or after the Constitution came into effect, can be rendered invalid if it is found to be inconsistent with the provisions of the Constitution. The Doctrine of Eclipse ensures that no law, regardless of its timing, can violate the principles and rights enshrined in the Constitution.Rate this question:
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- 46.
“Right to life” does not include “Right to die”. It has been held in
- A.
R Rathinam v UOI
- B.
D.K. Basu v. State of West Bengal
- C.
Gian Kaur v. State of Punjab
- D.
State of Maharashtra v. Maruti Sharipati Dubal
Correct Answer
C. Gian Kaur v. State of PunjabExplanation
The correct answer is Gian Kaur v. State of Punjab. In this case, the Supreme Court of India held that the right to life does not include the right to die. The court stated that the right to life is a fundamental right, but it does not confer the right to terminate one's own life. The court further emphasized that the sanctity of life should be protected and upheld, and that allowing euthanasia or assisted suicide would be against the principles of the Constitution. Therefore, the right to life and the right to die are distinct and separate rights.Rate this question:
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- 47.
Hans Kelsen enjoys the credit of formulating-
- A.
Pure theory of law
- B.
Imperative theory of law
- C.
Best result theory of law
- D.
All of the above
Correct Answer
A. Pure theory of lawExplanation
Hans Kelsen is credited with formulating the Pure theory of law. This theory suggests that the law is a self-contained system of norms that are created and enforced by a sovereign authority. It emphasizes the separation of law from morality and focuses on the internal structure and logical coherence of legal systems. Kelsen's Pure theory of law has had a significant influence on legal philosophy and is considered one of his major contributions to the field.Rate this question:
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- 48.
Which statement below is the least likely to follow logically from savigny’s notion of a volkgeist?
- A.
A society’s law is a reflection of its culture
- B.
Law is like language
- C.
Law is influenced hugely by religion
- D.
Law is an integral element of the social fabric.
Correct Answer
C. Law is influenced hugely by religionExplanation
Savigny's notion of a volkgeist suggests that a society's law is a reflection of its culture. This means that the laws of a society are shaped by the values, beliefs, and customs of the people within that society. While it is possible for religion to have some influence on the development of laws, the statement "Law is influenced hugely by religion" is least likely to follow logically from Savigny's notion. This is because the volkgeist primarily emphasizes the cultural aspects, such as language and social fabric, as the main influences on law rather than religion.Rate this question:
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- 49.
Maine’s famous aphorism that ‘the movement of progressive societies has hitherto been a movement from status to contract’ is often misunderstood. In what way?
- A.
His idea is considered inapplicable to western legal systems
- B.
It is misinterpreted as a prediction
- C.
Because status can never lead to contract
- D.
Because status and Contract are 2 unrelated concepts
Correct Answer
B. It is misinterpreted as a predictionExplanation
Maine's famous aphorism is often misunderstood because it is misinterpreted as a prediction. The statement suggests that progressive societies have historically transitioned from a system based on status to one based on contract. However, this does not mean that it is a prediction for the future or a guarantee that all societies will follow the same path. It is simply an observation of historical patterns.Rate this question:
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- 50.
Which of the following correlatives contradict Hohfield’s scheme of ‘jural relations’?
- A.
Right and duty
- B.
Privilege and no-right
- C.
Power and liability
- D.
Immunity and misery
Correct Answer
D. Immunity and miseryExplanation
Hohfield's scheme of 'jural relations' categorizes legal concepts into correlatives, which are pairs of legal terms that are mutually dependent on each other. In this scheme, each correlative complements and balances the other. However, the pair "immunity and misery" contradicts this scheme because they do not have a complementary relationship. Immunity refers to being exempt from legal obligations or liabilities, while misery refers to a state of suffering or distress. These terms do not have a natural balance or interdependence, making them incompatible within Hohfield's framework.Rate this question:
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