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The Supreme Court of India upheld the decision to implement the quota for other backward glasses (OBCs) in higher educational institutions. The court, however, excluded the "creamy layer" from being a beneficiary. The reason is: (a) Creamy layer is not an OBC; it is a forward caste (b) Creamy layer is politically powerful (c) It can compete with others on equal footing (d) The inclusion of creamy layer would be unjust. 2. Which Article authorises the Parliament to form new States, and alter areas, boundaries or names of existing States? (a) Article 2 (b) Article 3 (c) Article 6 (d) Article 8 3. The Speaker can ask a member of the House to stop speaking and let another member speak. This phenomenon is known as (a) yielding the floor (b) crossing the floor. (c) anti-defection (d) decoram 4. All-India Services come under Article: (a) 310 (b) 312 (c) 316 (d) 319 5. What is the duration of 'zero hour' in Lok Sabha? (a) 15 minutes (b) Half-an-hour (c) One hour (d) Not specified. 6. The State which bas the largest number of seats reserved for the Scheduled Tribes in Lok Sabha is (a) Bihar. (b) Gujarat. (c) Uttar Pradesh. (d) Madhya Pradesh. 7. Which of the following Constitutional posts is enjoyed for a fixed term? (a) President
(b) Chief Justice (c) Prime Minister (d) Governor 8. Which of the following exercises, the most profound influence, in framing the Indian Constitution? (a) British Constitution (b) US Constitution (c) Irish Constitution (d) The Government of India Act, 1935. 9. From which Constitution was the Concept of a Five Year Plan borrowed into the Indian Constitution? a) USA b) USSR c) UK d) Ireland 10. The words 'secular' and 'socialist' were added to the Indian Constitution in 1975 by amending the a) Preamble b) Directive Principles c) Fundamental Rights d) All of the above ………………………………………………………………………. SELF STUDY KIT About 5000 objective type questions and answers About 300 short answer questions and answers About 100 essays CLAT 2008 LLM PAPER (solved) Solved questions from LLM Entrance exams conducted by various national law schools LAWEXAMS.IN LAWEXAMS.IN www.lawexams.in CONTRACT 1. The term contract is defined as “an agreement enforceable by law” in section _________of Indian Contract Act. a. 2(e) b. 2(h) c. 2(d) d. 2(g) Ans.b.
2. According to section 2(e) every promise and every set of promises forming the consideration for each other is __________ a. Contract b. Agreement c. Offer d. Acceptance Ans.b. 3. A proposal when accepted becomes a. Offer b. Contract c. Promise d. Agreement Ans.c. 4. A promise not supported by consideration is called a. Nudum pactum b. Acceptance c. Agreement d. Proposal Ans.a. 5. A minor’s agreement is void. This proposition is made in a. Nihal Chand Vs. Jan Khan b. Sreekrishnan Vs. Kurukshethra University c. Mohari Beevi Vs. Dharmodas Khosh d. Nanjappa Vs. Muthuswamy Ans.c. 6. An agreement which is enforceable by law at the option of one or more of the parties, but not at the option of the other or others is a. Void agreement b. Voidable contract c. Valid contract d. Nudum pactum Ans.b. 7. When the consent of a party to a contract has been obtained by undue influence, fraud or misrepresentation the contract is a. Legal b. Voidable c. Void d. Enforceable Ans.b. 8. The term ‘proposal or offer’ has been defined in section a. Section 2(a) b. Section 2(b) c. Section 2(c) d. Section 2(d)
Ans.a. 9. A bid at an auction sale is a. An implied offer to buy b. An express offer to buy c. An invitation to offer to buy d. An invitation to come to bid Ans.a. 10. Who said “every agreement and promise enforceable at law is a contract”? a. Austin b. Bentham c. Pollock d. Salmond Ans.c. …………………………………………………………………………… CLAT LLM 2009 SELF STUDY KIT CRIMINAL LAW (OBJECTIVE) LAWEXAMS.IN www.lawexams.in CRIMINAL LAW 1. When two or more persons agree to do an illegal act or do an act by illegal means such an act amounts to a. Criminal conspiracy b. Criminal indictment c. Abetment d. Constructive liability Ans.a 2. In kidnapping, the consent of minor is a. Partly material b. Wholly material c. Party immaterial d. Wholly immaterial Ans.d 3. P committing a murder removed some ornaments from the dead body. Though the accused P was guilty of an offence of murder. The removal of ornaments amounts to a. Theft b. Mischief c. Misappropriation d. Robbery Ans.c 4. Kidnapping from lawful guardianship under section 361 of IPC can be
d 6. Instigate the doing of that act Ans. Abet the doing of that act d. either prior to or at the time of the commission of an act does anything in order to facilitate the commission of that act.a 7. Has committed the offence of abetment Ans. 384 Ans. X has committed the offence of culpable homicide c. and c. All the above Ans. Z does not know it.d 5.b 9. Ans.a. In which among the following cases. Z has committed offence of murder d. the Supreme Court held that “brutality is . induces Z to fire at the bush.b 8. and there by facilitates the commission there of. As long as the offender continues in the commission of criminal trespass or mischief b. Conspire the doing of that act b. 356 b. Z fires and kills Y. 378 c. Aid the doing of that act c. Whoever. X intending to cause or knowing it to be likely to cause Y’s death. Of a person under 18 years of age if female c. Of a person of unsound mind b. is said to _____ a. Of a person under 16 years of age if male d. 379 d. As long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint d. Assault or criminal force used in attempting to commit theft of property is punishable under section ____ of IPC a. As long as the fear of instant death or of instant hurt or of instant personal restraint continues c. X knows Y to be behind a bush. Both b. X has not committed any offence b. but ____ a. Right of private defence of property against robbery continues a. Here Z may be guilty of no offence.
Union of India Vs.inbuilt in every murder but in case of every murder death sentence is not imposed”? a. Undue influence Ans. CLAT LLM 2009 SELF STUDY KIT LEGAL THEORY (OBJECTIVE) LAWEXAMS. Whoever induces or attempts to induce a candidate or voter to believe that he or any person who he is interested will become or will be rendered an object of Divine displeasure or spiritual censure commits the offence of a. Madhusudan Prasad (2004) 1 SCC 43 c. III and IV are correct (d) only I is correct 3 “Custom as a source of law comprises legal rules which have neither been promulgated by legislation nor formulated by professionally trained . This statement is made by (a) Savigny (b) Austin (c ) Gray (d) Pound. lack formal recognition by the law III. Regu Mahesh Vs. Illegal gratification c. are recognized as such by the law itself II. are the only gates through which new principles can find entrance into the law of the above statements.IN www. legal sources of law 1.not parts of the law itself”. State of Uttar Pradesh Vs. Prem Sagar Vs. (a) I and III are correct (b) I and IV are correct © I. Dharambir (2004) 1 SCC 113 Ans. operate mediately IV. Affray b. Statues are “sources of law------.lawexams.d 10.in LEGAL THEORY 1.d …………………………………………………………………………………. Lalit Tandon (2004) 1 SCC 1 d. Bribery d. According to Salmond.. 2. Rajendra Pratap (2004) 1 SCC 46 b.
(NALSAR 2007) The great Justice Oliver Wendell Holmes.Parliament is Supreme according to English law for “what the Parliament doth. Carter (b) Austin © Henry Maine (d) Vinogradoff. “The prophecies of what the courts will do in fact. 4.. penned a host of memorable aphorisms that summarize his legal philosophy: “The life of the law has not been logic. Blackstone says that the legislation of the ----. ……………………………………………………………………………….judges. Choose the suitable word from the following to fil up the gap. no authority upon earth can undo”. PART-2 300 SHORT NOTES “The life of the law has not been logic. it has been experience”. Who amongst the following defined custom as above? (a) Prof. but arises from popular opinion and is sanctioned by long usage”. “The duty to keep a contract at common law means a prediction that you must pay damages if you do not keep it-and nothing else”. and nothing more pretentious. © valid delegated legislation (d) invalid delegated legislation. it has been experience”. are what I mean by the law”. in the above sentence: (a) State (b) Central © Colonial (d) Imperial 5 Delegation of legislative power to the representative body/authority “for the purposes of the Act” is (a) known as constitutional legislation (b) known as Henary VIII clause. “I often doubt whether it would not be a gain if every word of moral significance could be banished . Jr.
W. and other words adopted which should convey legal ideas uncolored by anything outside the law. Written over the course of several years (actually. the noted legal historian F. The invitation came in the winter of 1879. twelve lectures given over the course of six weeks. . the book based on his lectures was published. not as a good one. you must look at it as a bad man. Holmes nevertheless saw this as an opportunity to finally collect his various writings on the common law into one work. His inducement to write came in the form of an invitation to deliver a series of lectures at the Lowell Institute in Boston. 1880 Holmes delivered his first of the twelve Lowell Lectures and a few months later. “If you want to know the law and nothing else. who cares only for the material consequences which such knowledge enables him to predict.from the law altogether. at the time of its writing.” The Common Law. who finds his reasons for conduct. some for the American Law Review) and finally published in 1881. Indeed. in the vaguer sanctions of conscience. following his professorship at Harvard Law School and prior to his appointment to the Supreme Judicial Court of Massachusetts. a reworking of various essays and articles. On November 23. whether inside the law or outside of it. He accepted the invitation and began his writing that summer. in practice at Shattuck. The Common Law is by no means a perfect piece of legal scholarship. Holmes and Munroe. for the lecture series to take place the following winter.” Most memorably of all. The Common Law remains a benchmark of legal thinking. At first reluctant." Holmes was. Maitland said of the work that "For a long time to come [it] will leave its mark wide and deep on all the best thoughts of Americans and Englishmen about the history of their common law.
a compilation of articles written over many years. called the work "The most important book on law ever written by an American. which is not surprising given Holmes's deep interest in philosophical thinking. The fact of its imperfections.. There was also some differentiation in tone throughout. The force of his certainty infused every word. It was a coldly passionate expression of intuitions. however. however." Novick also notes that even Holmes's harshest critic. 1998)." Was he expressing dismay. for many it is more a work of philosophy than a work of law. Holmes himself pronounced that The Common Law was "dead". a certain sense of hyperbole in others. and Partnership. in fact. Initially received with only lukewarm praise. There were also complaints about uneven handling of certain topics. ideas fostered in his work had. Holmes saw the landscape of the common law illuminated by his thought as by a beacon.writers of textbooks and practical works. And yet. critics noted how large areas of law were left out (which Holmes acknowledges in his preface) including Equity. made their ." A mere twenty years later. that is. Yosal Rogat. The Common Law was a work of art more than it was a work of scholarship. noting that the "theories and points of view that were new in it. now have become familiar to the masters and even to the middle-men and distributors of ideas -. "The force of the presentation overwhelmed all these defects.Indeed. Bills & Notes. or an ironic acknowledgement that even after harsh initial criticism. and an aggressive disregard for viewpoints in opposition to his own. has not dulled its influence. Beneath its immense burden of learning and its detailed expositions of history.. due no doubt to the nature of the work. as Sheldon Novick writes in Honorable Justice: The Life of Oliver Wendell Holmes (Little Brown.
Doctrine of pleasure and its proviso article 311 of Indian Constitution 8. it is this common if gradual acceptance of his precepts that has made Holmes's work a classic. Sustainable Development and Indian Judiciary: (NLSU 2007) 16. even now. Principles of Jermy Bentham and Supreme Court of India -Case Comment on Olga Tellis and Ors. Cohelo Vs. Hart's Concept of Law and the Indian Constitution (NALSAR 2004)(NALSAR 2006) 3. Should Euthanasia be Legalised in India? 7. R. Judicial Activism 2." For if anything. Justice delayed is justice denied…Explain 19. I. Transitional jurisprudence: the role of law in political transformation. Writ of Habeas corpus 12. State Of Tamilnadu: Analyse the Case Relating To 9th Schedule Under Indian Constitution 17.. Dual Citizenship (CLAT 2008) 11. 1956). Bombay Municipal Corporation and Ors. they placed law in a perspective which legal scholarship ever since has merely confirmed. Do the Judges make or declare law with reference to Hart & Dworkin’s Principle in Indian legal System? 20. Write a comment on State of Madras Vs Smt. almost 125 years later.. v. Austin’s Concept Of Sovereignty in Indian constitution(CLAT 2008) 13. 15.way into mainstream legal thought? Possible. Legal Aid under the Constitution of India 10. 9. The Doctrine of Promissory Estoppel – Application to the Government. CLAT/LLM ENTRANCE 2009 SELF STUDY KIT ESSAYS ( Part-1) 1. considering this remark from Felix Frankfurter in Of Law and Men (Harcourt Brace. Freedom of press in India : Constitutional Perspectives 6. "The book is a classic in the sense that its stock of ideas has been absorbed and become part of common juristic thought . Uniform Civil Code 14. Right to privacy Vs Right to know…which will prevail?(NLSU 2007) .Champakam Dorairajan(AIR1951 Supreme Court 226) 18. 4. Women’s Reservation Bill 5.
Ordinance-making power: whether reviewable? 32. Explain the Doctrine of Prospective over ruling 22. Supreme Court of India and Social Jurisprudence 53. Education as a fundamental right(NALSAR 2006) 39. Fundamental duties 57. Oriental and occidental approaches to law 51.21. IS the foetus a human being with a fundamental right to life? 26. Rule of law and Democracy (NALSAR 2006) 55. Executive Discretion And Article 356 Of The Constitution Of India: 33. State liability in tort 41. Right to information and Judiciary 34. Death Penalty 56. Write a comment on Fundamental right Case 42. The Relationship between Constitutional Law and Administrative Law. 43. The Hart-Fuller Debate. Write a note on the Amendments introduced in CR. The right to speedy trial 40. Appointment Of Non-Member Of Parliament Or State Legislature As Minister—Scope 48. Judicial Review of Presidential Proclamation under Article 356. 31. Write a note on Waman Rao Vs Union of India 23. Euthanasia 25. Write a note on Moore’s concept law and morality (NALSAR 2003) 28. Judicial review as a basic structure 37. Are Articles 15(4) and 16(4) Fundamental Right? 47. Law relating to Contempt of Court in India 35. Right to strike 24.P.(CLAT 2008) 30. Should Right To Information Have Been Granted as a Fundamental Right?( NALSAR 2003) 29.Tayal 36. Torture as a challenge to civil society and the administration of justice 50. Law of torts in India 38. 46. 59. Sentencing Discretion and IPC 52. Reforms in Christian law of succession in India. Is The Supreme Court Disproportionately Applying The Proportionality Principle?( Wednesbury test) 44. Need for socialistic jurisprudence 54.K. Legalizing live-in-relationships 27.C by 2005 Amendment Act 58. Reservations (CLAT 2008) 49. Truth As Defence To Contepmt Of Court: In Re: Arundhati Roy & Court On Its Town Motion Vs M. Social Rights and the Constitution of India. Changing perceptions of secularism 45. Developments in Muslim Law: .
Criminalization of politics (NALSAR 2004 & 2007) 76. Marbury brought an action for issue of a . Human Rights Jurisprudence and Criminal Law (NLSU 2007). Christian Law of Succession and Mary Roy's Case.(NLASU 2007) 71. Passing of Property in International Sale Contracts. 64. it was born in 1804 when Chief Justice Marshall. Legal positivism. 63.Inamdar Case(NALSAR 2003) 88.(NALSAR 2004) 77. GATT AND INDIAN CONSTITUIONAL ISSUES (NALSAR 2007). 66. Though the warrant of appointment was signed it could not be delivered. “Minorities right to establish and administer educational institutions. Judicial Reform in Justice-Delivery System. 74. DNA Technology and Its Application in the Administration of Justice: Problems and Prospects. Engagement of Supreme Court judges after retirement. Changing Face Of The Legal Profession In India In The Era Of Globalization (NLSU 2006)(Opening up of legal profession to foreign competition-CLAT 2008) 81. 82.A. PLEA BARGAINING (CLAT 2008) 85. Independence of Judiciary – 68. 69. 70. 67. WOMEN'S EMPOWERMENT—ROLE OF JUDICIARY AND LEGISLATURE (NALSAR 2007). Discuss the historical school of jurisprudence (NALSAR 2007). Comment on P. decided Marbury v. the greatest Judge of the English-speaking world. 84. 65. Police and Personal Liberty 72. 75. Political Parties in Indian context (NLSU 2006). Federal Government. Judicial legislation (NALSAR 2007) 79. Lawyers and the Boycott of Courts. Madison1. 83. Office of Profit under Indian Constitution (CLAT 2008) 86. Power to pardon…(CLAT 2008) 87. Law as an instrument of social change (NLSU 2004 & 2007). 61. NARCO ANALYSIS AND SELF INCRIMINATION (CLAT 2008).S. Ceremonial Validity of Hindu Marriages: Need for Reform.60. (NLSU 2006) 78. Marbury was appointed Judge under the Judiciary Act of 1789 by the U. 73. 62. Theory of Justice and Rawl ( NALSAR 2006) JUDICIAL ACTIVISM The concept of judicial activism which is another name for innovative interpretation was not of the recent past. Alternate Dispute Resolution in India. Ban on smoking at public places. Treaty making power of a government. 80.
writ of mandamus. it may result in catastrophic consequences generating conflicts which may result in social change. who lost the election. original jurisdiction on the Supreme Court to issue writs of mandamus. He concluded that the particular phraseology of the Constitution of the United States confirms and strengthens the principle supposed to be essential to all written Constitutions. In 1857 when the American Supreme Court headed by Chief Justice Taney ruled in Dred Scott v. He observed that the Constitution was the fundamental and paramount law of the nation and "it is for the court to say what the law is". Chief Justice Marshall declined the relief on the ground that Section 13 of the Judiciary Act of 1789. which was the foundation for the claim made by Marbury. Sandford that negros were not equal to whites and the rights . was unconstitutional since it conferred in violation of the American Constitution. it was the duty of the court to enforce the Constitution and ignore the law. The twin concepts of judicial review and judicial activism were thus born. By then. Marshall became the Chief Justice of the Supreme Court having been appointed by the outgoing President. If there was conflict between a law made by the Congress and the provisions in the Constitution. In a rare display of judicial statesmanship asserting the power of the Court to review the actions of the Congress and the Executive. Judicial creativity may yield good results if it is the result of principled activism but if it is propelled by partisanship. Justice Marshall faced the imminent prospect of the Government not obeying the judicial fiat if the claim of Marbury was to be upheld. That a law repugnant to the Constitution is void and that the courts as well as other departments are bound by that instrument.
several welfare laws including the one pertaining to restriction of hours of labour for bakery workers were struck down. The function of the American Judiciary was intended to be proscriptive to block the enforcement of an unjust law or action instead of being prescriptive giving directions as to how remedial actions should be taken by the Executive. the decision had accelerated the civil war between the Northern and Southern States ultimately resulting in the abolition of slavery and strengthening of the Union. only in respect of substantive laws. the American Supreme Court declared 50 Congressional enactments and 400 State laws as unconstitutional. The commerce clause came in very handy for the Supreme Court to strike down several progressive legislative measures commonly called "New Deal Legislation". It however was extended by the Fourteenth Amendment to the States also. As a result. In the initial stages. This active posture of the Supreme Court made the President to devise a . liberty or property without due process of law was in the beginning understood as applicable only to the Union. Restraints on manufacturing processes also came to be struck down under the commerce clause.guaranteed under the Constitution were not available to them. the responsibility of the American Supreme Court to interpret the legislative and executive actions in the light of the due process clause became very great. As a result of this decision. The Fifth Amendment to the American Constitution mandating inter alia that no one shall be deprived of life. Between 1898 and 1937. the doctrine of due process was applied but later the procedural laws also were brought within its purview. Freedom of contract and individual rights to property came to be viewed by Judges as paramount and sacred.
The earlier position taken in Plessy v. The next important development in judicial activism in the United States was noticed in the first and second Brown cases. under the leadership of Chief Justice Earl Warren. The President expected support from his nominees. Ferguson that blacks could be treated as a separate class but must be provided with equal facilities . when the Court.founded on racial discrimination was rejected by the Supreme Court at the risk of disturbing the institutional comity and delicate balance between the three organs of the State .method to increase the number of Judges by what is popularly called "court packing plan". the Executive and the Judiciary.separate but equal . In H.. Philip M. After the American Government adopted the policy of affirmative action in order to improve the economic conditions of the blacks and also remove the sense of injustice blacks as a group had nurtured. who declared that his appointment to the Supreme Court was "a mission to do justice". Earl Fullilove v. 1977 requiring States to procure services or supplies from businesses owned by minority group members was upheld declaring that it is a necessary step to . it yielded the desired result in that the court reversed its trend.. this was perceived as a success for the Executive vis-. In fact.-vis the Judiciary. These decisions highlight the judicial statesmanship of Chief Justice Earl Warren.the Legislature. Klutzniok a provision in the Public Works Employment Act. disallowed racial segregation in public schools and extended that prohibition to all public facilities. the Supreme Court sustained the legislative measures enacted in this regard. The proposal was to retire every Judge who completed the age of 70 years and in his place to appoint two Judges with the consequence that the majority of the Judges of the Supreme Court Bench would be the nominees of the President. Although this plan did not materialise.
e. i. thanks to PIL (Public Interest Litigation).. The Court although accepted the principle that race-conscious admission programmes for the purpose of remedying the effects of past discrimination were legally permissible. it must be satisfied that the person who approaches it has .effectuate the constitutional mandate for equality of economic opportunity. This decision indicates the anxiety of the Supreme Court to retain its progressive image by not departing from the earlier precedents but at the same time trying to effectively set at naught the beneficial measures intended for the advancement of the disabled sections. this trend came to a halt in 1989 when the Supreme Court sustained an ordinance adopted by the Virginia City Council under which non-minority contractors were required to give subcontracts at least to the extent of 30% to one or more of the minority business enterprises. 1978 in the Regents of the University of California v. Fortunately. sustained the challenge and granted a declaratory relief. Generally speaking before the court takes up a matter for adjudication. a white. Allen Bakke. This progressive trend appeared to have received a setback in the very next year. Judicial activism was made possible in India. who failed to secure admission to the University of California Medical School challenged a provision by which 16% of the seats were reserved in favour of disadvantaged members of certain minority races as violative of the equality clause. This was achieved by the court by putting the blame on the University that it could not produce evidence to demonstrate that the preferential qualification in favour of the disadvantaged sections was either needed or geared to promote the stated goal of delivering health care services to the communities currently underserved. Allen Bakke. Both these cases are examples of judicial activism: one to render substantive justice and the other formal justice.
the application of PIL was confined only to improving the lot of the disadvantaged sections of the society who by reason of their poverty and ignorance were not in a position to seek justice from the courts and. the test is whether the petitioner has locus standi to maintain the action? This is intended to avoid unnecessary litigation. The sanctity of locus standi and the procedural complexities are totally side-tracked in the causes brought before the courts through PIL. PIL. earmarking a part of the reserved forest for Adivasis to ensure their habitat and means of livelihood. The legal doctrine 'Jus tertii' implying that no one except the affected person can approach a court for a legal remedy was holding the field both in respect of private and public law adjudications until it was overthrown by the PIL wave.-vis the Fundamental Rights making the former enforceable rights. by which primacy was accorded to a limited extent to the Directive Principles vis-. After the Constitution (Twenty fifth Amendment) Act.sufficient interest in the matter. In the beginning. therefore. has introduced a new dimension regarding judiciary's involvement in public administration. the expectations of the public soared high and the demands on the courts to improve the administration by giving appropriate directions for ensuring compliance with statutory and constitutional prescriptions have increased. any member of the public was permitted to maintain an application for appropriate directions.. Beginning with the Ratlam Municipality case the sweep of PIL had encompassed a variety of causes. a manifestation of judicial activism. forbidding stone-crushing activities near residential complexes. compelling the municipal authorities of the Delhi Municipal Corporation to perform their statutory obligations for protecting the health of . Stated differently.. Ensuring green belts and open spaces for maintaining ecological balance. 1971.
compelling the industrial units to set up effluent treatment plants. Rama Rao has gone to the extent of laying down the proposition that the executive is accountable to the public through the instrumentality of the judiciary. The doctrine . Illustrative of this in the Indian context is the decision of the Supreme Court in Bela Banerjee case in which even after the Constitution (Fourth Amendment) Act. Consistency in adhering to earlier views despite the amendment of the law is an aspect . A five-member Bench of the Andhra Pradesh High Court in D.T. N. directing closure of recalcitrant factories in order to save the community from the hazards of environmental pollution and quashing of a warrant of appointment for the office of Judge. the Supreme Court reiterated its earlier view expressed in Subodh Gopal and Dwarkadas cases to the effect that compensation is a justiciable issue and that what is provided by way of compensation must be "a just equivalent of what the owner has been deprived of". despite the earlier holding that Parliament in exercise of its constituent power can amend any provision of the Constitution. 1955 specifically injuncting that no law concerning acquisition of property for a public purpose shall be called in question on the ground that the compensation provided by that law is not adequate. declared that the fundamental rights as enshrined in Part III of the Constitution are immutable and so beyond the reach of the amendatory process. High Court of Assam and Guwahati are some of the later significant cases displaying judicial activism.the community. Satyanarayana v. Golak Nath case is also an example of judicial activism in that the Supreme Court for the first time by a majority of 6 against 5.of judicial activism. directing installation of air-pollution-controlling devices for preventing air pollution.though not a brighter one .
We cannot pass it by because it . Kesavananda Bharati had given a quietus to the controversy as to the immutability of any of the provisions of the Constitution. The declaration of law by the Supreme Court that in future. (iv) Separation of powers between the legislature. By a majority of seven against six. avoid a measure because it approaches the confines of the Constitution. Illustratively. (iii) Secularism. Indian Parliament has no power to amend any of the provisions of Part III of the Constitution became the subject-matter of very animated discussion. The judicial power under our Constitution is vested in the Supreme Court and the High Courts which are empowered to exercise the power of judicial review both in regard to legislative and executive actions.of "prospective overruling". among others. a feature of the American Constitutional Law. the Court held that under Article 368 of the Constitution. (ii) Republican and Democratic form of Government. the executive and the judiciary. it was pointed out by the Supreme Court that the following. Parliament has undoubted power to amend any provision in the Constitution but the amendatory power does not extend to alter the basic structure or framework of the Constitution. as the legislature may. Judges cannot shirk their responsibilities as adjudicators of legal and constitutional matters. and (v) Federal character of the Constitution. was invoked by the Supreme Court to avoid unsettling matters which attained finality because of the earlier amendments to the Constitution. Supremacy and permanency of the Constitution have thus been ensured by the pronouncement of the summit court of the country with the result that the basic features of the Constitution are now beyond the reach of Parliament. How onerous the exercise of judicial power was was very aptly stated by Chief Justice Marshall: "The judiciary cannot. are the basic features: (i) Supremacy of the Constitution.
The one or the other is treason to the Constitution. Critics openly assert that the Constitution provides for checks and balances in order to pre-empt concentration of power by any branch not confided in it by the Constitution. That is the reason why judiciary has always been treated as the least dangerous branch and sometimes it is also described as the weakest of the three branches with no control either on the purse or on the sword. Every Judge must play an active role in the discharge of his duties as "adjudicator of disputes". By reason of judicial activism. a case may be attended. the judiciary often rewrites them without explicitly stating so and in this process." A common criticism we hear about judicial activism is that in the name of interpreting the provisions of the Constitution and legislative enactments. the theory of separation of powers is overthrown and the judiciary is undermining the authority of the legislature and the executive by encroaching upon the spheres reserved for them.is doubtful. than to usurp that which is not given. One other facet of this line of criticism is that in the name of judicial activism. we must decide it. with whatever difficulties. But this cannot be termed judicial activism. . His role as an interpreter of law and dispenser of justice according to law should not be allowed to be diminished either because of the perceived notions of the other two wings of the State the legislature and the executive or any section of the public. if it be brought before us. We have no more right to decline the exercise of jurisdiction which is given. some of the personal opinions of the judges metamorphose into legal principles and constitutional values. Laws enacted by the legislature must be implemented by the executive and their interpretation is within the province of the judiciary. With whatever doubts.
the prescriptive role of the judiciary sometimes receives public approbation because the role played by it sustains what the Constitution mandates and averts the evils the basic document seeks to prohibit. "that it is a Constitution we are expounding . "We must never forget". The Constitution being the basic document incorporating the enduring values the nation cherished inevitably contains open-ended provisions which afford wider scope for the judiciary in the matter of interpretation. Even so.. observed Chief Justice Marshall. therefore. intended to endure for ages to come and consequently to be adapted to the various crises of human affairs. Judges must reconcile liberty and authority. another great Judge: "A Constitution states or ought to state not rules for the passing hour but principles for an expanding future. it cannot play a prescriptive role which is the domain of the elected law-making body sounds at first blush sensible." The role of the Judge in interpreting law has been graphically described thus: "Judges must be sometimes cautious and sometimes bold. Judges must respect both the traditions of the past and the convenience of the present. That is the reason why judiciary was cautioned by . The criticism occasionally voiced that the judiciary does not have a popular mandate and. the whole and its parts. Decisions rendered by courts generally receive public acceptance in every democracy adhering to the concept of rule of law." In line with this thought was the view of Justice Cardozo..much good or harm could be brought about by the Judges by resorting to innovative interpretation. the question immediately surfaces as to the legitimacy of the judiciary since it lacks popular mandate." Where the public opinion asserts itself against the decisions of the judiciary. Interpretation of the Constitution is radically different from the interpretation of an ordinary legislative provision.
Justice Oliver Wendell Holmes. on a closer scrutiny. law. they are confined from molar to molecular motions.." and this was resorted to as part of the unwillingness of the Judges "to grant power" and "to recognise it when it exists".eminent legal philosophers to exercise great restraint while declaring the actions of the legislature unconstitutional. will reveal several gaps which the judiciary is expected to fill.. No legislature can with reasonable certainty foresee the future contingencies and necessarily every enacted law.." A delicate problem arises as to what constitutes a rational view according to the Constitution or an irrational view at variance with the constitutional prescriptions? To sustain a legislation or to strike it down.. while admitting this self-evident truth observed: ". This is popularly called judicial legislation. "is crystallised public opinion". including constitutional law. the court must uphold as constitutional. How slippery this doctrine of public interest is was graphically described by Justice Holmes thus: ". but they can do so only interstitially. often times. . Very eminent Judges like Holmes. I recognise without hesitation that judges do and must legislate. the concept of "public interest" is relied upon by the judiciary. Judicial veto must not be exercised except in cases that "leave no room for reasonable doubt". (it is) a fiction intended to beautify what is disagreeable to the sufferers. Brandeis and Frankfurter always adhered to the theory of reasonable doubt believing firmly that what will appear to be unconstitutional to one person may reasonably be not so to another and that the Constitution unfolds a wide range of choices and the legislature therefore should not be presumed to be bound by any particular choice and whatever choice is rational. According to Justice Holmes.
the Supreme Court intervened and permanently injuncted him from assuming the office and the Union of India and other . Without resorting to a preference in favour of any particular value choice and thereby inviting criticism of entering into the constitutionally forbidden area of judicial activism. private notions of judges take the shape of legal principles. But this is easier said than done. Often times. the court can always draw lines at new angles by dexterously resorting to innovative interpretative processes. Dynamic law-making always ordinarily carries with it legitimacy because it is the creation of the legislators who have the popular mandate. The resultant situation may sometimes bring credit to the judicial institution and sometimes it may prove counter-productive. In the Indian context although it is not difficult to categorise cases under the above heads. propagates it.Subjectivity. Dynamic law-making surfaces when the legislature creates an idea outside the consensus and before it is formulated. Examples of both categories are found even in the British constitutional law where the judiciary cannot go into the legality of a legislative measure enacted by Parliament. it is now unanimously accepted. Independence of the judiciary is recognised as the basic feature of the Constitution and when a person who was not qualified to become a High Court Judge was about to be sworn into the office. Judges cannot play such a dynamic role. The latter is of two types: (i) activist law-making. Activist lawmaking implies the legislature taking the existing ideas from the consensus prevailing in the society. no idea alien to the constitutional objectives can be metamorphosed by judicial interpretation into a binding constitutional principle. and (ii) dynamic law-making. must be eschewed in the judicial process. the author refrains from doing so but nonetheless he is tempted to mention one decision as a great example of judicial boldness. Judicial activism can be compared with legislative activism.
ordinarily. he was qualified for appointment. This is neither judicial restraint nor judicial boldness. High Court. This decision is illustrative of how even high constitutional functionaries sometimes commit egregious mistakes.M. In glaring contrast to this is the case of A. the constitutional courts in the country are undermining the theory of separation of powers by encroaching upon the fields reserved for the legislature and the executive. stating that he is a judicial officer and. Shivakant Shukla in which the majority of the judges expressed "diamond bright" hope in the fairness of the executive in matters concerning personal liberty but later lamented for the wrong decision rendered by them. There is no justification on the part of anyone to assert that in the guise of judicial activism. The party who approaches the court not only asserts his right but also expects the court to lay down the norms for future guidance. v. therefore. The Supreme Court had extracted the note of the Chief Justice of India who recommended an unqualified person for the office of Judge. In the wake of this .constitutional functionaries not to administer oath despite the warrant of appointment issued by the President. The manner in which the prescriptive role is played by the court assumes great relevance. The Court also struck a note of caution that.D. Perhaps this is a rare example of judicial diffidence. interference becomes necessary. The modern litigation especially in the constitutional sphere involves judiciary in an active manner. The controversy is still simmering. appointments to the High Court Benches should not be interfered with by the judiciary but in exceptional circumstances. There is a radical difference between the traditional litigation which was essentially bipolar in which two parties are locked up in a confrontation of a controversy and the role of the judge was perceived to be passive.
Union of India and Mallikarjuna Rao v.M. Bhattacharjee made very pertinent observations: "In this ongoing complex of adjudicatory process." (emphasis added) The line of demarcation between the three organs of the State as laid down in the aforesaid ruling of the Apex Court finds clearer expression in its subsequent rulings in Supreme Court Employees' Welfare Assn. the role of the Judge is not merely to interpret the law but also to lay new norms of law and to mould the law to suit the changing social and economic scenario to make the ideals enshrined in the Constitution meaningful and reality. It is the sentinel of democracy. Ramaswamy. J. the court takes into account the social and economic realities while considering the width and amplitude of the constitutional rights. Touching upon this aspect. the judge is required to take judicial notice of the social and economic ramification. the Supreme Court in a recent decision. Legislature..P. No organ can usurp the functions assigned to another.criticism. The expanding horizon of judicial review has taken in its fold the concept of social economic justice. Therefore. speaking through K. It is true that in adjudicating public law matters. in C. Judicial review is a powerful weapon to restrain unconstitutional exercise of power by the legislature and executive. Ravichandran Iyer v.. State of J&K: "Although the doctrine of separation of powers has not been recognised under the Constitution in its absolute rigidity but the Constitutionmakers have meticulously defined the functions of various organs of the State. State of A. . v. . one must notice the observations made by the Supreme Court in Asif Hameed v. Justice A.. Judiciary has no power over sword or the purse nonetheless it has power to ensure that the aforesaid two main organs of the State function within the constitutional limits. Executive and Judiciary have to function within their own spheres demarcated under the Constitution.
a treason indeed. it would be guilty of violating the Constitution. When the executive fails to discharge its obligations.owe their existence to the Constitution. no single organ can claim immunity from accountability. recourse to judiciary becomes inevitable. much of the criticism aired against the judiciary concerns this area. When all the three organs of the State . To whom the judiciary is accountable is the next question. It becomes the duty of the judiciary to take cognizance of the executive's lapses and issue appropriate directions as to the method and manner in which the executive should act as ordained by the Constitution and the laws. It is the duty of the executive to implement faithfully the laws made by the legislature. Neither the political executive which is responsible for laying down the policy nor the permanent executive comprising civil servants who are enjoined to carry out the policies of the executive can act in any manner contrary to what the Constitution prescribes.the legislature." (emphasis added) The permanent values embodied in the Constitution need interpretation in the context of the changing social and economic conditions which are transitory in nature. If the judiciary fails to respond. The answer to this is found in the Constitution itself. it becomes the primordial duty of the judiciary to compel the executive to perform its lawful functions. When crimes are committed by men in power and attempts are made to conceal them by rendering the official machinery ineffective. executive and the judiciary .consistent with the theory of law. A judge of the Supreme Court or a High Court can be impeached on the ground of proved misbehaviour or incapacity and the power in this regard is vested in Parliament vide Articles 124(4) and . In the recent times. The constitutional court undertakes the delicate task of reconciling the permanent with the transitory.
Ramaswamy which ended unsuccessfully. the mechanism under which laws must be made and governance of the country carried on. Reconciliation of the permanent values embodied in the Constitution with the transitional and changing requirements of the society must not result in undermining the integrity of the Constitution. When such a judicial function is discharged by Parliament. An interesting case study in this regard is the impeachment proceedings against Shri Justice V. the judiciary must play its activist role. The new jurisprudence that has emerged in the recent times has undoubtedly contributed in a great measure to the well-being of the society.217(1)(b). In the name of doing justice and taking shelter under institutional self-righteousness. now firmly believe that if any institution or authority acts in a manner not permitted by the Constitution. When a judge is impeached. Parliament acts as a judicial body and its members must decide the guilt or otherwise of the judge facing the indictment objectively uninfluenced by extraneous considerations. the judiciary cannot act in a manner disturbing the delicate balance between the three wings of the State. People. Judicial creativity even when it takes the form of judicial activism should not result in rewriting of the Constitution or any legislative enactments. No constitutional value propounded by the judiciary should run counter to any explicitly stated constitutional obligations or rights. Any attempt leading to such a consequence would destroy the very structure of the constitutional institutions. in general. Conscious of the primordial fact that the Constitution is the supreme document. the judiciary will step in to set right the wrong. it is highly debatable whether political parties can issue whips directing their members to vote in a particular manner. .
. CLAT 2009/LLB ENTRANCE Pattern of the Test Paper Total Marks : 200 Subject areas : Law of Contracts. This is based on the pattern specified for CLAT (Common Law Admission Test) conducted by institutes like NALSAR. 1. Criminal Law . They are forbidden from assuming the role of administrators. it is subversion of the Constitution. Family Law . Constitutional Law and Legal Theory Number of Questions: i) Objective Type : 50 questions of one mark each ii) Short answers : 10 questions of five marks each iii) Essay : Two questions of 50 marks each (Two sections containing three questions each out of which one from each section to be answered. "No action lies against the Government for injury done to an individual in the course of . Law of Torts. will activate the executive and the legislature to function effectively under the vigilant eye of the judiciary as ordained by the Constitution. Any judicial act which is politically suspect. ………………………………………………………………………………………. Judges cannot be legislators . morally indefensible and constitutionally illegitimate must be curbed.) This sample question paper on Legal Aptitude is based on previous questions papers for law and LLB entrance exams.they have neither the mandate of the ppeople nor the practical wisdom to gauge the needs of different sections of society. Fidelity to a political or social philosophy not discernible from the constitutional objectives in the discharge of judicial functions is not judicial activism.Judicial activist fervour should not flood the fields constitutionally earmarked for the legislature and the executive. Governmental machinery cannot be run by the judges. Any populist views aired by judges would undermine their authority and disturb the institutional balance. in turn. That would spell disaster. Judicial activism characterised by moderation and self-restraint is bound to restore the faith of the people in the efficacy of the democratic institutions which alone.
4. administration of justice. 2. Disagreement between the two Houses of Indian Parliament is finally resolved through 1.exercise of its sovereign functions". one-fourth of the total number of members of that House. 2. Article 3 3. Which of the following Articles of Constitution cannot be amended by a simple majority in both the Houses of Parliament? 1. 20 years 3. 3. Which one of the following Directive Principles is a socialistic principle? 1. Marathi 3. All of these 6. mediatory efforts by the presiding officers of the two Houses. except 1. Prevention of concentration of wealth and the means of production 4. the Constitution. . 30 years 7. directs the State to give-primary importance to one of the languages included in the VIII Schedule for the purpose of drawing upon it. improper arrest. the quorum to constitute a meeting of either House of Parliament is 1. 15 years 2. 3. injury due to the negligence of servants of the government employed in a railway or a dockyard. This language is 1. As per Article 100(3). Article 15 5. Article 4 4. Sanskrit 4. one-tenth of the total number of members of that House. Protection of the health of workers 3. 4. 2. To secure the enrichment of Hindi. All of the following actions are covered by the above provision. Bengali 2. Article 2 2. one-third of the total number of members of that House. 25 years 4. 3. one-fifth of the total number of members of that House. Equal pay for equal work to all 2. Urdu 3. negligence or trespass by police officers. 4. a joint committee of the two Houses for the purpose. among other things. a joint committee of the two Houses for the purpose. 2. mediation by the President. Originally it was laid down in the Constitution that English shall continue to be used for all the official purposes of the union for a period of 1. 4. loss of movables from government custody owing to negligence of its officers.
that no person can be punished unless his guilt is established by a fair trial. In which of the following situations can the President promulgate an Ordinance? . Mandamus 4. Indian High Courts Act. Calcutta and Madras were established under the 1. can ask for reconsideration of the advice any number of times 3. Certiorari 2. In a particular case. Habeas Corpus 3. The number of writs that can be prayed for and issued by the Supreme Court and/or a High Court is 1. 6 13. Indian High Courts Act. 60 years 3. The age of retirement of a Judge of a High Court in India is 1. 1919 15. can ask for reconsideration of the advice once more 2. 1911 4. Government of India Act. Indian High Courts Act.8. 2. 58 years 2. Seventh Lok Sabha 14. The Rule of Law means 1. If the Council of Ministers adhere to their earlier advice. that the power to make laws vests in the elected representatives of the people. has no option but to accept such advice 4. Fifth Lok Sabha 3. 4. The High Courts at Bombay. 1865 3. 11. 62 years 4. 3 2. 1861 2. 3. Fourth Lok Sabha 2. The writ by which a High Court or the Supreme Court can secure the body of a person who has been imprisoned to be brought before it is 1. the advice tendered by the Council of Ministers is sent back by the President for reconsideration. Sixth Lok Sabha 4. The term of which of the following Lok Sabha was extended beyond the normal period of five years laid down in the Constitution? 1. existence of written rules to regulate the conduct of government officials. the President 1. 5 4. independence of the Judiciary 10. 65 years 9. 4 3. must seek the advice of the Supreme Court before rejecting the advice. Quo Warranto 12.
Which of the following events made Gandhiji to launch. Civil Disobedience Movement? 1. Killing of peaceful agitators at Chauri Chaura by the British troops in 1922 3. Indian Councils Act. Process of amendment of the Constitution 3. for the first time. 1861 2. Dyarchy as the form of Government at the provincial level was introduced by the 1. Union Government in consultation with the U.S. 4. Jains 4. President on the advice of the Council of Ministers 21. Which of the following Acts of British Parliament envisaged for the first time a closer association of Indians with the administration? 1.P. Sikhs 3. 1919 19. For how long can the President's rule in a State imposed initially? 1. 4.1. The reference to Hindus in Article 25 of the Constitution does not include 1. Three months 20. Parliament 2. Parsees 2. 1935 18. 1892 3. Promulgation of the Rowlatt Act of 1919 4. 1919 2. Government of India Act. Parliament is not in session 16. A Bill has been pending in Parliament for a long period. Six months 3. Buddhists . Who presides over the joint session of Parliament? 1.C. There is disagreement between the two Houses of Parliament over a bill. Indian Councils Act. 3. Both Houses have refused to pass a Bill sponsored by Government with the previous sanction of the President. Government of India Act. In accordance with the provisions of our Constitution. One year 2. 2. 1909 4. The Vice-President 3. Failure of talks with the Cripps Mission in 1942 17. Indian Councils Act. Two years 4. new all-India Services can be created only by the 1. The President 4. Government of India Act. The deputy chairman of the Rajya Sabha 22. Jallianwala Bagh massacre in 1919 2. The Speaker 2. Minto-Morley Reforms 3. Montague-Chelmsford Reforms 4.
neither the Central nor the State Governments 3. were the Fundamental Duties of Indian citizens added to the Constitution? 1. the Vice-President 28. a tax on agricultural income can be levied by 1. 1793 4. elected by the two Houses of Parliament 3. Supreme Court of India 2. High Court of the State 3. Forty-first Amendment 26. to take away the right of the native magistrates to try Europeans and Englishmen . the Chief Justice of India 3. In the event of non-enforcement of Directive Principles of the State by the Government. 1773 27. The purpose of the Ilbert Bill was 1. District Court 2. 1813 3. only the Central Government 25. In India. The State Council of Ministers 31. nominated by the President 2. None of these 29. By which amendment. a citizen of India can move the 1. elected by Parliament and the legislatures of the States jointly 4. Forty-forth Amendment 2. 1833 2. Legislative Assembly of the State 4. committee appointed by the Governor of the State 30. Who can recommend abolition or creation of the Legislative Council in a State? 1. Supreme Court 4. only the State Governments 4. both the Central and State Governments 2. elected by the members of Rajya Sabha 24. Advocate-General of the State 3. Governor of the State 2. Financial allocation for Education was made for the first time by the Charter Act of 1. The member of a State Public Service Commission can be removed on the ground of misbehaviour only after an enquiry has been conducted by the 1. Forty-third Amendment 3. There is no provision in the Constitution for the impeachment of 1.23. The Chairman of Rajya Sabha is 1. the Governor 4. the Chief Justice of a High Court 2. committee appointed by the President 4. Forty-second Amendment 4. High Court 3.
Which one of the following statements is not correct? 1. Duties of excise on tobacco and other goods manufactured or produced in India. None of the above 32. Article 14 2. Ireland 2. Article 17 3. Article 130 2. Under which one of the following Articles. to take away the right of the European magistrates to try Indians 3. 1. The proposal for amending the Constitution can only be initiated in Lok Sabha 4. USA 3. opium. There is no provision of referendum in the Indian Constitution 2. Article 139 37. Custom duties including export duties 3. to remove an anomaly in the Criminal Procedure Code of 1873.2. Which one of the following is not among the sources of revenue for the Union? 1. A member elected to Lok Sabha as a candidate of a party crosses the floor of the House. Article 137 3. The Indian Constitution is partly flexible and partly rigid 34. Which one of the following Articles has declared untouchability in any form as unconstitutional? 1. The Constitution of India borrowed the concept of the Directive Principles of State Policy from the Constitution of 1. Indian. Indian hemp and other narcotic drugs 4. according to which no magistrate or sessions judge could try a European or British subject unless he was himself of European birth 4. Land revenue 2. Article 44 4. his continued membership of the House is not affected in any way 2. Taxes on income other than agricultural income 36. Canada 33. Article 138 4. UK 4. the Supreme Court has been given the powers to review any judgement pronounced or order made by it previously? 1. The State Legislatures do not possess the right to initiate the amendment of the Constitution 3. Article 45 35. except alcoholic liquors. opium. except alcoholic liquors. In such a case. he ceases to be a member of the House whether or not he resigns his membership .
M. 4 9. 3 34. Charan Singh 2. Which of the following statements in regard to the Directive Principles of State Policy is correct? 1. 3 32. 2 30. 1 33. 1950 with K. 2 35. 3 25. 1 4. 1 7. 1 15.G. 1 21. They are justiciable in certain respects 3. 1965 with Humayun Kabir as its Chairman Answer Key 1. 2 All India Bar Examination. 4 6. 4 5.C. Morarji Desai 3. 2 24. Section 89 of the CPC expressly provides for alternative dispute resolution. © 2010. All India Bar Examination Model Question Paper 1: Answers and Explanations Part I Question 1: The correct answer is (c). Munshi as its Chairman 2. he will continue to be a member of the House if the Speaker permits 38. Rajiv Gandhi 39. The courts can compel the State to implement some of the important directives 40. 2 10. 1960 with M. it can formulate the terms of the settlement. 3 3. 1 22. 3 11. 3 19. 1955 with B. The Right to Property was excluded from the Fundamental Rights during the tenure of the Government headed by 1. 3 13. 2 37. Bar Council of India and Rainmaker Training & Recruitment Private Limited. Fundamental Rights constitute limitations upon State action.3. 1 23. 4 16. 2 27. 3 8. The First Official Language Commission. Section 89(1) provides that where a court thinks that parties may be amenable to a settlement. 3 26. They enjoin on the State to secure a living wage to all workers within a specified period 4. 1 18. while Directive Principles are in the nature of instruction to the Government to achieve certain ends 2. he can continue to be a member of the House if the party on whose symbol he was elected has no objection 4. 3 28. 4 29. Kher as its Chairman 3. 2 38. 4 40. Any unauthorised use or reproduction of these materials shall attract all applicable civil and criminal law remedies. 2 39. 2 20. 2 14. Indira Gandhi 4. December 2010: Answers and Explanations to Model Question Paper 1. 3 17. 1 36. and once it receives the . 2 12. 3 31. Chhagla as its Chairman 4. 3 2. as required under Article 344 of the Constitution. was constituted by the President in 1.
A participated in the arbitration proceedings. must meet all the requirements of validity under the Indian Contract Act. that that Arbitration Act would not apply to the arbitration proceedings. 1996 also sets out a number of other requirements for an arbitration agreement to be valid. like any other agreement. she should have done so before participating in the proceedings. it will not have the force of an arbitral award or a decree of a court under the Arbitration Act. (See page 19 of the AIBE Preparatory Materials. the Arbitration Act. Book 1) Question 6: The correct answer is (e). Section 31 of the Arbitration Act. Unless the agreement is signed and accepted by the parties. to provide the reasons on which the award is based.parties’ observations on such terms. The Arbitration Act covers domestic as well as international commercial arbitrations. it can refer the settlement for arbitration. if A wished to plead that there was no arbitration clause. Book 1) Question 2: The correct answer is (d). There was no agreement between the parties. Book 1) Question 5: The correct answer is (b). Aside from this. Section 36 of the Arbitration Act. or judicial settlement. mediation. (See page 6 of the AIBE Preparatory Materials. Book 1) Question 4: The correct answer is (d). A settlement agreement has to be signed by all the parties to the dispute. as the case may be. (See page 12 of the AIBE Preparatory Materials. (See page 2 of the AIBE Preparatory Materials. conciliation. Book 1) Question 3: The correct answer is (b). Book 1) Question 7: The correct answer is (a). There is no vested right to have the award enforced under the Foreign Awards Act. or if the award is an award on agreed terms under Section 30. While it is important to be able to identify who the . An arbitration agreement. including settlement through a Lok Adalat. express or implied. makes it mandatory for an arbitrator or arbitral tribunal. (See page 1 of the AIBE Preparatory Materials. The only exceptions permitted to this are if the parties agree that no reasons have to be given. clearly provides that an arbitral award can be enforced in the same manner a decree of a civil court. Book 1) Question 8: The correct answer is (c). (See page 10 of the AIBE Preparatory Materials. (See pages 10-11 of the AIBE Preparatory Materials.
Book 1) Question 11: The correct answer is (a). (See pages 20-21 of the AIBE Preparatory Materials. Book 1) Question 13: The correct answer is (e). (See page 29 of the AIBE Preparatory Materials.95(2) of the Code. Book 1) Question 16: The correct answer is (c). (See page 45 of the AIBE Preparatory Materials. as well as the property that was the subject matter of the dispute. Book 1) Question 17: The correct answer is (e). since the amount was owed to B alone. The Supreme Court has the power to issue directions or . Book 1) Question 12: The correct answer is (e). (See page 23 of the AIBE Preparatory Materials. © 2010. (See page 48 of the AIBE Preparatory Materials. over which the High Court which A wanted to approach had no jurisdiction. (See page 25 of the AIBE Preparatory Materials. B cannot set off the debt in this action. it is not the plaintiff’s duty to produce him before court. and from whom she can recover her charges. December 2010: Answers and Explanations to Model Question Paper 1.21 of the Constitution. were situated in another state. Book 1) Question 15: The correct answer is (b). and did not relate to the other defendant. See Order VII Rule 11 of the CPC. Therefore. (See page 30 of the AIBE Preparatory Materials. and the facts tell us clearly that she wished to return the title deeds and recover her charges. Though she does not claim the title deeds herself. Here. Question 9: The correct answer is (c). Book 1) All India Bar Examination. Book 1) Question 10: The correct answer is (d). Book 1) Question 14: The correct answer is (d). The principles of res judicata are agnostic as to which party prevailed in the first suit. The right to equality is provided by A. at all. C.14 of the Constitution. (See pages 21-22 of the AIBE Preparatory Materials. she would be entitled to institute an interpleader suit to have the court determine whether A or C should get the deeds.defendant is. The right to life is provided by A. (See page 22 of the AIBE Preparatory Materials. the parties. Only suits for compensation are precluded by S. Any unauthorised use or reproduction of these materials shall attract all applicable civil and criminal law remedies. Bar Council of India and Rainmaker Training & Recruitment Private Limited. One of the requirements for a court to be ‘competent’ is that it should have jurisdiction over the matter. B was merely holding the title deeds in safekeeping. that High Court was not a ‘competent civil court’ for this dispute.
11 of the Contract Act. Bar Council of India and Rainmaker Training & Recruitment Private Limited. Book 1) Question 18: The correct answer is (d). Book 1) Question 23: The correct answer is (a). Book 1) Question 21: The correct answer is (c). (See page 44 of the AIBE Preparatory Materials.orders or writs in such matters.32 of the Constitution in matters involving the violation of a fundamental right.23 of the Constitution prohibits traffic in human beings and begar and other similar forms of forced labour.226 of the Constitution before approaching the Supreme Court under A. (See page 81 of the AIBE Preparatory Materials. December 2010: Answers and Explanations to Model Question Paper 1. Book 1) Question 19: The correct answer is (a). (See page 50 of the AIBE Preparatory Materials. (See page 50 of the AIBE Preparatory Materials.15(1) of the Constitution prohibits discrimination on the basis of place of birth. Book 1) . it has clearly not violated A.142(1) of the Constitution does not mention that this power can only be used in certain types of matters . A.15(1) of the Constitution in this case. The Supreme Court clearly has the authority under A. Book 1) Question 22: The correct answer is (d). There is no requirement for a petitioner to approach a High Court under A.142(1) of the Constitution of the Constitution to pass the order quashing the proceedings against the judge.32(1) of the Constitution guarantees the right to approach the Supreme Court for a violation of any fundamental right. (See page 49 of the AIBE Preparatory Materials. (See page 60 of the AIBE Preparatory Materials. if it feels that it is necessary to do so in order to do complete justice in the matter before it. A.it states that the Supreme Court has this power in respect of any cause or matter pending before it.15(1) of the Constitution. but the discrimination in this case was on the basis of residence. Any unauthorised use or reproduction of these materials shall attract all applicable civil and criminal law remedies. Residence is not one of the grounds of discrimination prohibited by A. © 2010. While a government-run college is part of ‘State’ for purposes of Part III of the Constitution. Book 1) All India Bar Examination. Minors are not competent to contract as per S. A. Question 20: The correct answer is (c). An offer lapses if a counter-offer is made. A. (See page 79 of the AIBE Preparatory Materials.
(See page 104 of the AIBE Preparatory Materials. and she actively concealed it by not marking the box provided in the insurance policy application form. Book 1) Question 31: The correct answer is (b). Book 1) Question 25: The correct answer is (b).26 of the Contract Act expressly makes agreements in restraint of marriage void. A is not bound by the offer. Book 1) Question 26: The correct answer is (a). (See page 114 of the AIBE Preparatory Materials. A has committed fraud. A the offeror.Question 24: The correct answer is (c). therefore. (See page 107 of the AIBE Preparatory Materials. and. (See pages 80 and 81 of the AIBE Preparatory Materials. on the other hand. S. The fact that A had visited a doctor in relation to her heart ailment in the previous year would clearly be a relevant fact for the purposes of an insurance policy. December 2010: Answers and Explanations to Model Question Paper 1. Book 1) Question 27: The correct answer is (d). (See page 88 of the AIBE Preparatory Materials. She had knowledge of her medical condition. Book 1) All India Bar Examination. Offences under the IPC are often qualified with the terms that indicate they require a mental element to be determined before a person can be said to have committed that offence. © 2010. (See page 95 of the AIBE Preparatory Materials. Question 30: The correct answer is (b). It is not reasonable for A to insist that B come to her office in another city to collect the payment for the goods. Book 1) Question 29: The correct answer is (c). Book 1) . This is provided in S. (See page 78 of the AIBE Preparatory Materials. Premeditation is not an ingredient of the offence covered by S. Book 1) Question 28: The correct answer is (b).124 of the Contract Act defines a contract of indemnity as a contract by which a party promises to save another from loss caused by the conduct of the promisor or by the conduct of another person. (See page 85 of the AIBE Preparatory Materials. B did not communicate the acceptance in the mode prescribed. S.120-A of the IPC. Bar Council of India and Rainmaker Training & Recruitment Private Limited.304A of the IPC. Any unauthorised use or reproduction of these materials shall attract all applicable civil and criminal law remedies. had clearly specified that the communication of the acceptance should have been through a letter. B has provided a reasonable manner of payment.
just because she was alone at home. (See page 132 of the AIBE Preparatory Materials. Since A was planning to leave the country. it has great significance during the course of a trial. Book 1) Question 36: The correct answer is (b). B. All the reasons set out in (a) in (d) are relevant. (See page 107 of the AIBE Preparatory Materials. (See page 116 of the AIBE Preparatory Materials. (See page 123 of the AIBE Preparatory Materials. has not committed an offence. was clearly a mistake of fact. Book 1) Question 42: The correct answer is (d). (See page 127 of the AIBE Preparatory Materials. Book 1) Question 37: The correct answer is (e). Book 1) Question 34: The correct answer is (d). Book 1) Question 40: The correct answer is (b). (See page 108 of the AIBE Preparatory Materials.The commission of theft consists in the moving of a movable property of a person out of his possession without his consent and the existence of a dishonest intent. as long as she agrees to comply with the conditions of the bail. A was acting in the belief that she was bound by the law to arrest C. For instance. Since the arrest was in relation to a bailable offence. A has committed the offence of kidnapping from lawful guardianship. (See page 128 of the AIBE Preparatory Materials. The words arrest and custody are not synonymous. there may be a reasonable belief that A would not be present in court for the trial. Book 1) Question 35: The correct answer is (b). Mistaking C for her identical twin. A cannot be denied bail. . (See page 124 of the AIBE Preparatory Materials. December 2010: Answers and Explanations to Model Question Paper 1.(See page 114 of the AIBE Preparatory Materials. For this reason.Question 32: The correct answer is (c). Other laws may also define an offence to be bailable or non-bailable. and therefore. S. The contention that B was not in the guardianship of her lawful guardian. 2000. A Chief Judicial Magistrate may not pass a sentence of death.77B of the Information Technology Act. and the court can consider these when deciding whether or not to grant A bail. Book 1) Question 33: The correct answer is (e). (See page 125 of the AIBE Preparatory Materials. Book 1) Question 38: The correct answer is (a). Book 1) Question 41: The correct answer is (e). is not correct. Book 1) Question 39: The correct answer is (a). The court can take this fact All India Bar Examination.
(See pages 146 and 147 of the AIBE Preparatory Materials. it is clear that the mention of citizens implies the exclusion of noncitizens from those having the rights to vote. Amendment cannot be claimed as a matter of right and the power to either grant or refuse amendments is in the discreation of the court. the accused enjoys a presumption of . and not merely a material particular. That B promised to pay the debt. Book 1) Question 49: The correct answer is (b). (See page 151 of the AIBE Preparatory Materials. As such. Book 1) Question 45: The correct answer is (b). (See page 158 of the AIBE Preparatory Materials. Order VII Rule 1 of the CPC lays down the mandatory particulars which must be stated in a plaint. and she cannot now make good that error by any amount of proof.© 2010. (See page 130 of the AIBE Preparatory Materials. even if time-barred. Book 1) Question 48: The correct answer is (c). In criminal cases. Failure to mention this in the pleadings is fatal to A’s suit.carrying a gun in one’s pocket would not satisfy the condition set down in the statute. into consideration. Book 1) Question 43: The correct answer is (c). This per the definition of “proved” in the Evidence Act. Applying the doctrine of expressio unius est exclusio alterius. it is a material fact. Any unauthorised use or reproduction of these materials shall attract all applicable civil and criminal law remedies. Book 1) Question 50: The correct answer is (b). The word ‘holster’ must be construed in relation to the words found in immediate connection with it . is critical to A’s suit. Book 1) Question 46: The correct answer is (c).P. (See page 149 of the AIBE Preparatory Materials. Bar Council of India and Rainmaker Training & Recruitment Private Limited.87 of the Cr. (See page 145 of the AIBE Preparatory Materials. Book 1) Question 51: The correct answer is (e). (See page 144 of the AIBE Preparatory Materials. it is not necessary to the validity of a deed that its execution is attested by any witness. The Indian Stamp Act. (See page 148 of the AIBE Preparatory Materials. and issue a warrant for A’s arrest under S. 1899 has an inclusive definition of the term ‘conveyance’. (See page 154 of the AIBE Preparatory Materials. Unless mandated by statute. Book 1) Question 47: The correct answer is (a).C. Book 1) Question 44: The correct answer is (d).
It is not enough for the presumption of innocence to remain not proved. Any unauthorised use or reproduction of these materials shall attract all applicable civil and criminal law remedies. Question 54: The correct answer is (e). The first three facts. Book 1) Question 57: The correct answer is (a). could be used to prove A’s liability. Book 1) Question 53: The correct answer is (b). (See page 160 of the AIBE Preparatory Materials. that “there exist objective moral principles which depend on the essential nature of the universe and which can be discovered by natural reason. (See page 168 of the AIBE Preparatory Materials. (See page 158 of the AIBE Preparatory Materials. Devlin argued that a society has a right of self-defence against any harm that may ensue to the moral code that binds it. Book 1) . Book 1) All India Bar Examination. Book 1) Question 55: The correct answer is (b). The Natural Law theory postulates that law consists of rules that are in accordance with reason. The fact of B’s illness does not relate to any right or liability in asserted or denied in the prosecution of A for B’s murder.63 of the Evidence Act provides an inclusive definition of secondary evidence. however. December 2010: Answers and Explanations to Model Question Paper 1. (See page 167 of the AIBE Preparatory Materials. (See page 178 of the AIBE Preparatory Materials. Book 1) Question 58: The correct answer is (b).innocence that the prosecution must disprove to secure a conviction from a Court. S. Judicial admissions are made by a party at a proceeding prior to the trial and constitute a waiver of proof being binding on the party that makes the admission. This is the only statement that does not follow from the Hohfeldian framework. These facts clearly show A’s conduct in relation to her trial for theft. As such. B has asserted the existence of these facts as the basis of her claim to the land. Bar Council of India and Rainmaker Training & Recruitment Private Limited. Book 1) Question 52: The correct answer is (e). (See page 181 of the AIBE Preparatory Materials. Book 1) Question 59: The correct answer is (a). (See page 161 of the AIBE Preparatory Materials. B must prove these facts. (See page 159 of the AIBE Preparatory Materials. Book 1) Question 56: The correct answer is (d). © 2010.” (See page 174 of the AIBE Preparatory Materials.
(See page 184 of the AIBE Preparatory Materials. through the counsel representing the opposing party. Book 1) Question 62: The correct answer is (d). Book 1) Question 64: The correct answer is (e). (See pages 184185 of the AIBE Preparatory Materials. (See page of the AIBE Preparatory Materials. if the affidavit is . Book 1) Question 68: The correct answer is (c). The advocate may not. so the term “other public places” must be read to mean “other commercial establishments” (See pages 183184 of the AIBE Preparatory Materials. Book 1) Question 69: The correct answer is (d). it is critical to keep in mind the situation before the statute and the ‘mischief’ that the statute intended to remedy.Question 60: The correct answer is (d). Book 1) All India Bar Examination. while also advancing the remedies under the enactment. (See page 187-189 of the AIBE Preparatory Materials. and. There is no prohibition on advocates against running for political office. or having a share in. An advocate must only communicate or negotiate with an opposing party regarding the controversy. The general words “other public places” follows specific words that are all in the nature of commercial establishments. Book 1) Question 67: The correct answer is (c). a business that the advocate has inherited. (See page 186 of the AIBE Preparatory Materials. Book 1) Question 65: The correct answer is (d). Book 1) Question 63: The correct answer is (e). be personally involved in the management of the business. however. Bar Council of India and Rainmaker Training & Recruitment Private Limited. (See page 189 of the AIBE Preparatory Materials. so the golden rule must be applied to address the absurdity. The literal reading of the enactment results in absurdity. (See page 197 of the AIBE Preparatory Materials. Book 1) Question 61: The correct answer is (c). December 2010: Answers and Explanations to Model Question Paper 1. (See page 188 of the AIBE Preparatory Materials. © 2010. The Rules of the Bar Council do not prevent an advocate from owning. An advocate may refuse to accept a particular brief in special circumstances. A has identified D in the affidavit. The mischief contemplated by the enactment would be suppressed by this reading. While applying the mischief rule. Question 66: The correct answer is (d). Any unauthorised use or reproduction of these materials shall attract all applicable civil and criminal law remedies.
cannot be inherited. can be used as a timber. Book 1) Question 72: The correct answer is (c). Positive covenants do not run with the land. Despite some judgments bypassing the classificatory . includes only such trees which. © 2010. Book 1) Question 76: The correct answer is (c). (See page 203 of the AIBE Preparatory Materials. Book 1) Question 73: The correct answer is (c). he cannot be held responsible for the delay. (See page 194 of the AIBE Preparatory Materials. if cut. Book 1) Question 74: The correct answer is (d). None of the options is an absolute restraint. with the intent of creating a security on such property. Book 1) All India Bar Examination. Any unauthorised use or reproduction of these materials shall attract all applicable civil and criminal law remedies. In this form of mortgage. Book 1) Question 77: The correct answer is (e). and therefore. however. (See page 202 of the AIBE Preparatory Materials. Accordingly the income may be disposed off as if the restrictive period has expired. (See page 206 of the AIBE Preparatory Materials. Book 1) Question 71: The correct answer is (e).critical to the case. if the transferee of a contingent interest dies before obtaining the possession. (See page 199 of the AIBE Preparatory Materials. (See page 210 of the AIBE Preparatory Materials.(See page 206 of the AIBE Preparatory Materials. as opposed to timber tree. Book 1) Question 70: The correct answer is (c). Since A was not aware of the receipt. A contingent interest is normally transferable. A may be called upon as a material witness to identify D in the suit. -Part II Question 78: The correct answer is (a). A standing timber. The death of C makes the condition incapable of being satisfied. The condition is invalid in so far as it exceeds the period of 18 years. the interest fails. Bar Council of India and Rainmaker Training & Recruitment Private Limited. (See page 189 of the AIBE Preparatory Materials.(See page 205 of the AIBE Preparatory Materials. December 2010: Answers and Explanations to Model Question Paper 1. A can be disbarred from appearing in the matter. the mortgage is created simply by way of deliverance of the title deed of an immoveable property by the mortgagor to the mortgagee (or the mortgagee’s agent). Book 1) Question 75: The correct answer is (b).
the Court would most likely not insist upon adherence to the principles of natural justice. it must be a private limited company (S. the manner in which such provisions may be enforced. A holding company can never be the subsidiary of its own subsidiary. enactment does not clearly and specifically provide for retrospective levy of fees. Book 2) Question 84: The correct answer is (c). (See page 23 of the AIBE Preparatory Materials. A would have detected the defect in the agreement. because had A consulted the Articles of Association of the company. A company has a separate legal identity from its . subject to the safeguards that the parent Act lays down the policy according to which the power is to be exercised. Duty of good faith implies that all the actions of the directors must be for the benefit of the company and the shareholders of the company.approach the predominant approach remains the classificatory one. However. Book 2) Question 80: The correct answer is (d). the excess members must be employees or ex-employees. Book 2) Question 81: The correct answer is (b). (See pages 27 of the AIBE Preparatory Materials. The agreement is invalid and A has no remedy. (See pages 2-3 of the AIBE Preparatory Materials. (See page 8 of the AIBE Preparatory Materials. Book 2) Question 86: The correct answer is (e). Book 2) Question 83: The correct answer is (d). (See pages 4-5 of the AIBE Preparatory Materials. The enactment specifically permits the authority to give retrospective effect to its regulatory notifications. Book 2) Question 85: The correct answer is (c). (See page 31 of the AIBE Preparatory Materials. Power to modify an Act can be delegated. Therefore. Book 2) Question 82: The correct answer is (a). Since the company restricts the right of its members to transfer its shares.3(1)(iii) of the Companies Act). The principle does not deal with the vires of provisions in the Articles of Association. (See page 24 of the AIBE Preparatory Materials. (See page 25-26 of the AIBE Preparatory Materials. since the actions of the authority were in exercise of its legislative functions. Since the question states that the company is in good standing. Book 2) Question 79: The correct answer is (b). A director of a public company has a fiduciary obligation towards the company and is under a duty to act in the best interest of the company. but rather.
Book 2) Question 93: The correct answer is (a). (See pages 57-58 of the AIBE Preparatory Materials. (See page 49-50 of the AIBE Preparatory Materials. sealing the unit and preventing access is unauthorised. Book 2) Question 89: The correct answer is (d). December 2010: Answers and Explanations to Model Question Paper 1. and can therefore inter alia own property. The Wildlife Protection Act does not extend to all types of lizards and snakes but applies only to scheduled species. Any unauthorised use or reproduction of these materials shall attract all applicable civil and criminal law remedies. © 2010. (See page 65 of the AIBE Preparatory Materials. The mere act of baptism in such cases does not amount to conversion. The Central Board and the State Boards perform the functions set out in Ss. A would be acquitted if the articles were not made from the skins of scheduled species.16 and 17 of the Air Act. the Environment Protection Rule norms take precedence over standards laid down by state boards. and enter into contracts in its own name. intangible or goods. A is a Hindu.31A of the Air Act enables the state board to direct closure or discontinuance of the objectionable activity. by operation of S. Book 2) Question 91: The correct answer is (b). Book 2) . (See page 49 of the AIBE Preparatory Materials. Book 2) Question 90: The correct answer is (c). It is not a defence to urge that the disease was innocently contracted or that it is curable. whether immovable. The ground is satisfied if it is shown that the disease is in a communicable form.17(1)(g) empowers the state boards to independently notify emission standards. Bar Council of India and Rainmaker Training & Recruitment Private Limited. S. (See page 61 of the AIBE Preparatory Materials. even with its members. property will only pass to C and not to B. Indian courts have not generally accepted prior knowledge as an exception to the rule of strict liability. (See page 22 of the AIBE Preparatory Materials. (See page 72 of the AIBE Preparatory Materials. Book 2) Question 88: The correct answer is (a). However. (See page 78 of the AIBE Preparatory Materials.members. but only if he never professed the Christian faith. in its own name.24 of the EPA. Since A was a Muslim at the time of his death. Book 2) Question 92: The correct answer is (d). Although S. Question 87: The correct answer is (a). Book 2) All India Bar Examination.
An Indian company is always resident in India. great or small on A’s part is irrelevant. (See page 115 of the AIBE Preparatory Materials. December 2010: Answers and Explanations to Model Question Paper 1. (See page 89 of the AIBE Preparatory Materials. The fact that A continued in employment knowing that his work would precipitate injury is irrelevant. Rajappa. Any unauthorised use or reproduction of these materials shall attract all applicable civil and criminal law remedies. This strike is not illegal. Book 2) Question 96: The correct answer is (d). as the conciliation proceedings are before a conciliation officer and not a Board of Conciliation. (See page 124 of the AIBE Preparatory Materials. Since B is A’s servant. © 2010. Book 2) Question 95: The correct answer is (e). The State is under a duty to provide a lawyer to accused persons who are unable to afford legal services. Book 2) Question 97: The correct answer is (a). Once it is found that the work which A has been doing is to be within the scope of A’s employment. Bar Council of India and Rainmaker Training & Recruitment Private Limited. Book 2) x-x . A is vicariously liable for B’s tortious act and must compensate C. Book 2) Question 100: The correct answer is (b).Question 94: The correct answer is (b). (See page 142 of the AIBE Preparatory Materials. A. Question 98: The correct answer is (d). (See page 99 of the AIBE Preparatory Materials. the question of negligence. since this statement is not an application of the principle described. (See page 101 of the AIBE Preparatory Materials. (See page 142 of the AIBE Preparatory Materials. AIR 1978 SC 548 . Book 2) All India Bar Examination. Book 2) Question 99: The correct answer is (c). This is on the basis of the decision in Bangalore Water Supply & Sewerage Board v.