The Law Learners 5th National Law Quiz

The rarest of rare doctrine originated in the case of Bachan Singh v. State of Punjab. This case involved the constitutionality of the death penalty in India. The Supreme Court held that the death penalty can only be imposed in the rarest of rare cases where the alternative option of life imprisonment is unquestionably foreclosed. This landmark case established the guidelines for determining the rarest of rare cases and laid the foundation for the application of the death penalty in India.

In case of equality of votes in a Legislative Assembly of a state, the Speaker exercises his voting rights. The Speaker is the presiding officer of the assembly and is responsible for maintaining order and conducting the proceedings. In such a situation, the Speaker casts the deciding vote to break the tie and make a final decision. This ensures that there is a clear outcome and prevents any deadlock in the decision-making process.

Article 324 of the Indian Constitution provides for the establishment of the Election Commission of India. This article empowers the Election Commission to superintend, direct, and control the conduct of elections to the Parliament, State Legislatures, and the offices of the President and Vice-President. It ensures the fair and smooth functioning of the electoral process in the country by overseeing the registration of political parties, delimitation of constituencies, and the implementation of the Model Code of Conduct, among other responsibilities.

Criminal conspiracy requires a minimum of two members. This is because conspiracy involves an agreement or plan between two or more individuals to commit a criminal act. It is necessary to have at least two individuals involved in order for there to be a conspiracy.

Section 154 of the Criminal Procedure Code provides for FIR without expressly naming it. This section states that when information is given to an officer in charge of a police station regarding the commission of a cognizable offense, the officer must record the information in writing. This written document is commonly known as the First Information Report (FIR), even though the term "FIR" is not explicitly mentioned in the section. Therefore, section 154 is the correct answer as it deals with the provision for FIR without expressly naming it.

Article 148 of the Indian Constitution provides for the Comptroller and Auditor General of India. The Comptroller and Auditor General is the supreme audit institution in the country and is responsible for auditing the accounts of the central and state governments, as well as other public authorities. This article establishes the office and powers of the Comptroller and Auditor General, ensuring independence and impartiality in the auditing process.

The largest Constitutional bench of the Apex Court was witnessed in the case of Kesavananda Bharati v. State of Kerala.

The Supreme Court verdict on Triple Talaq being unconstitutional was given by a 5-judge bench. The ratio of the judgement was 3:2, indicating that 3 out of the 5 judges agreed with the decision while 2 judges dissented or had a different opinion. This suggests that the verdict was not unanimous, with a slight majority in favor of declaring Triple Talaq as unconstitutional.

D.Y. Chandrachud J. was the lone dissenting judge in the recent judgement of the Apex Court validating Aadhaar card with some guidelines.

The correct answer is 112. This article of the Constitution of India provides for the Annual Financial Statement of India. It states that the President shall in respect of every financial year cause to be laid before both Houses of Parliament a statement of the estimated receipts and expenditure of the Government of India for that year. This statement is commonly known as the Union Budget and is presented by the Finance Minister.

The correct answer is the 86th Constitutional Amendment, 2002. This amendment inserted Article 21A in the Constitution of India, which provides for free and compulsory education for children between the ages of 6 and 14. It aimed to ensure that every child has the right to education and to bridge the gap in access to education across the country.

The maximum punishment for Theft as provided by the Indian Penal Code 1860 is 3 years or fine or both. This means that a person convicted of theft can be sentenced to imprisonment for a maximum of 3 years, or be fined, or both. The punishment may vary depending on the circumstances of the theft and the discretion of the court.

Indu Malhotra J. was the lone dissenting judge in the recent Sabarimala verdict of the Apex Court in 2018.

An unlawful assembly requires a minimum of 5 members. This means that for an assembly to be considered unlawful, there must be at least 5 people involved. If there are fewer than 5 people, it would not be classified as an unlawful assembly.

The Allahabad High Court does not share its jurisdiction with another state. This means that it has exclusive jurisdiction over the state of Uttar Pradesh and does not have to share its authority or decision-making power with any other state. In contrast, the other options mentioned (Hyderabad HC, Bombay HC, and Punjab HC) may have shared jurisdiction with other states, meaning they have to consider cases and legal matters from multiple states.

The present day strength of the Apex Court is 28.

KM Joseph J. of Uttarakhand High Court had to go through a lot of controversy as the Centre returned his name for appointment to the Supreme Court. This suggests that there were objections or issues raised by the government regarding his appointment to the highest court in the country. The controversy surrounding his appointment could be due to various reasons such as political differences, concerns about his suitability for the position, or conflicts of interest.

In a reverse onus clause, the burden of proof is shifted from the prosecution to the defense. This means that it is the defense's responsibility to provide evidence and prove their innocence, rather than the prosecution having to prove guilt. The reverse onus clause is often used in specific situations where certain offenses or circumstances are considered to be inherently suspicious or dangerous. By placing the burden of proof on the defense, it aims to ensure that those involved in such cases are able to provide a reasonable explanation or defense for their actions.

Uttar Pradesh has the highest number of constituencies among all states in India, while Sikkim has the lowest number. This can be attributed to the fact that Uttar Pradesh is the most populous state in the country, with a large number of people requiring representation. On the other hand, Sikkim is the least populous state, hence requiring fewer constituencies.

The second amendment to the Preamble of the Indian Constitution was never made. This means that there has been no official change or alteration to the language or content of the Preamble since its first amendment in 1976.

Rajesh Sharma v. State of Uttar Pradesh dealt with Section 498A of the Indian Penal Code. This section deals with cruelty towards a married woman by her husband or his relatives. The judgment in this case had significant implications as it addressed issues related to misuse of this section and the need for safeguards to protect innocent individuals from false accusations.

The leader of the Lower House of Parliament of India, known as the Lok Sabha, is the Prime Minister. The Prime Minister is the head of government and holds the highest executive office in the country. They are responsible for leading the government, making policy decisions, and representing the country both domestically and internationally. As the leader of the Lok Sabha, the Prime Minister plays a crucial role in shaping and implementing legislation and policies that affect the nation.

Navtej Johar v. Union of India is the correct answer because this case partially struck down Section 377 of the Indian Penal Code in 2018. This landmark judgment by the Supreme Court of India decriminalized consensual same-sex relationships between adults, stating that homosexuality is a natural variation of human sexuality and that discrimination against LGBTQ+ individuals is unconstitutional. The court recognized the rights of LGBTQ+ individuals to live with dignity and enjoy equal protection under the law, marking a significant step towards LGBTQ+ rights in India.

In the case of Independent Thought v. Union of India, the Apex Court held that sexual intercourse with a minor wife is considered rape under Exception 2 of Section 375 of the Indian Penal Code. This landmark ruling recognized the importance of protecting the rights and well-being of minor girls, acknowledging that consent cannot be given by a child who is not capable of understanding the consequences of such an act. The judgment aimed to address the issue of child marriage and provide legal protection to underage girls from sexual exploitation within marriage.

The Vice President of India cannot vote in Presidential Elections because he is not a member of the House. The Vice President serves as the Chairman of the Rajya Sabha, which is the upper house of the Parliament of India. Although the Vice President holds a constitutional position, he does not have voting rights in the Presidential Elections.

The High Court is the lowest court that possesses absolute power to order for the death penalty. This is because the High Court is a superior court with the authority to hear appeals and exercise original jurisdiction over certain cases. It has the power to review and overturn decisions made by lower courts, including the imposition of the death penalty. The Sessions and District Court, Supreme Court, and Judicial Magistrate Second Class do not have the same level of authority as the High Court in this regard.

The Indian Evidence Act was drafted in 1872 by James Stephen. He was a British lawyer and politician who played a major role in the formulation of the Act. James Stephen was a member of the Indian Law Commission and was responsible for drafting various laws in India during the colonial era. His expertise and contribution to the legal system in India are widely recognized, making him the correct answer to this question.

Advocate Tushar Mehta succeeded Ranjit Kumar while being appointed as the Solicitor General of India in October 2018.

The inherent power of a Sessions Court is not provided under any specific provision of the Criminal Procedure Code. The inherent power of a court is derived from the general principles of law and is not dependent on any specific provision. Therefore, the correct answer is "None."

The Indian Evidence Act does not apply to tribunals. Tribunals have their own set of rules and procedures for gathering and presenting evidence, which may differ from those outlined in the Indian Evidence Act. Therefore, the correct option is False.