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TYPES OF QUESTIONS IN

JUDICIARY PRELIMS AND


MAINS
Types of Questions
In Judiciary Prelims and Mains

TYPES OF QUESTIONS IN JUDICIARY PRELIMS AND MAINS 1

Types 1 to 5 are relevant for Prelims. 2

Type 1: Objective - Direct 2

Type 2: Objective - Indirect 3

Type 3: Objective - Application Based 3

Type 4: Objective - Memory + Application Based Questions 4

Type 5: Objective type - Comprehension of Unseen Passage 4

Type 6: Subjective type - standard 5

Type 7: Subjective type - Application Based 6

Type 8: Subjective type - precis-writing 7

Type 9: Subjective type - socio-legal essay-writing 8

Type 10: Subjective type - drafting 8

Type 11: Subjective type - judgment writing 8

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Types of Questions
In Judiciary Prelims and Mains

Types 1 to 5 are relevant for Prelims.

Type 1: Objective - Direct

Nature: Short Term Memory Based - Repetition is Helpful

Example: Fundamental Duties are covered under which part of the Indian Constitution?

Objective questions on general knowledge, current affairs, questions in language papers


related to grammar, vocabulary, antonyms, synonyms-related questions are also related to
this segment.

Difficulty Level: Easy to medium

Type 2: Objective - Indirect

Nature: Memory + basic understanding

Example: ‘In which of the following the right of private defence of property under Indian
Penal Code 1860, does not extend to causing death?

a. Robbery
b. House Breaking by Night
c. Mischief giving apprehension of death or grievous hurt
d. None of these

Difficulty Level: Easy to Medium

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Types of Questions
In Judiciary Prelims and Mains

Type 3: Objective - Application Based

Nature: Requires knowledge + through understanding of a particular concept + its


application to a specific situation

Example: Y inserts his hand into the pocket of Z with malafide intention to take away his
money. But the pocket was empty. What offence, if any Y committed under the Indian Penal
Code, 1860

Difficulty Level: Moderate to Difficult

Type 4: Objective - Memory + Application Based Questions

Nature: Tests specific knowledge of the Bare Act along with understanding of a concept/
can be an excerpt from a case law as well

The Court has issued a commission for recording of the evidence in a suit by appointing a
Local Commissioner. The counsel for the plaintiff raises objections to certain questions put
by the counsel for the defendant to the witnesses of the plaintiff in cross-examination. The
Commissioner:

1. Is necessarily required to stall further recording of evidence and refer to said


objections to the Court for decision thereof.
2. Is empowered to decide the said objections and proceed with the recording of
evidence.
3. Is empowered to decide the said objections only if there is no bar in the order of the
Court issuing the commission to the Commissioner deciding the said objections.
4. Is required to record the said objections and ask the witness to answer the question
so objected to without prejudice to the plaintiff’s right to have the said objection
decided from the Court at the time of final arguments in the suit.

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Types of Questions
In Judiciary Prelims and Mains

Difficulty Level: Hard

Type 5: Objective type - Comprehension of Unseen Passage

Nature: Ability to read quickly, understand the idea, appreciate its nuances and have
understanding of vocabulary

Example: 100-150 words of a text from literature may be provided, such as the following,
from which 6-7 questions can be made around vocabulary and interpretation of the passage:

“The unpaid work that women perform includes collection of fuel, fodder and water; animal
husbandry, post harvest processing, livestock maintenance, kitchen gardening and raising
poultry that augment family resources.

If women did not do this work, these goods would have to be purchased from the market,
service hired for a wage, else the family would have to do without. However, so naturalized
are assumptions about gender roles that the Indian census did not recognise this as work for
a long time, since it is not performed for a wage, but is unpaid labour around the family.”

The passage can be seen as:


1. A socio-economic analysis
2. Attempt to prove that men are wrong
3. Attempt at denigrating official census
4. Attempt to list the kind of work that women perform at home

Sample - DJS Pre (2018)

Difficulty Level: Medium to Hard

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Types of Questions
In Judiciary Prelims and Mains

Types 6 - 11 are relevant for mains, as they are all


subjective.

Type 6: Subjective type - standard

Nature: Requires knowledge + through understanding of a particular concept + applicable


legal provisions + statutes

Example from 2016 Uttarakhand Judicial Services Mains Exam, 2016 (all 3
sub-questions are part of one 10 marks question, you must attempt all):

a) What do you mean by easement of necessity? Point out the difference between
easement of necessity and quasi-easement.
b) Distinguish between ‘coercion’ and ‘undue influence’
c) Define ‘transfer of property’. Which property can be transferred? Can the right of
recovery of mesne profit be transferred? Explain.

Difficulty Level: Hard

Type 7: Subjective type - Application Based

Nature: Requires knowledge + through understanding of a particular concept + applicable


legal provisions + statutes + application to a specific situation

Example:

Complainant “X” was the owner of a plot No. 5. She alleges that A-1, with the aid of an
imposter who by impersonating as ‘X’ created a power of attorney in his name as if he was

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Types of Questions
In Judiciary Prelims and Mains

her agent.

It was further alleged that using the aforesaid power of attorney, A-1 attempted to transfer
the property of the complainant by executing a mortgage deed in favour of A-2 for a sum of
Rs. 50,000.

After getting information about the aforesaid transaction, the owner of the property “X” gave
a complaint to the police who registered an FIR on 14th March 2019. After the completion of
investigation, the police filed a final report under Section 420, 423 and 424 IPC against A-1
and A-2. The complainant died after filing the complaint.

The Magistrate framed charges against A-1 for the offences punishable under Section 420,
423 and 465 IPC and against A-2 for offences under Section 424 and 465 IPC read with
Section 109 IPC.

Both the accused persons were tried and finally A-1 was convicted under Section 465 IPC
and A-2 under Section 465 read with Section 109 IPC. Aggrieved by the said orders, the
accused filed an appeal before the Sessions Court which ended up in dismissal by upholding
the order of conviction.

Thereafter, the accused persons approached the High Court. The High Court acquitted the
accused persons by setting aside the concurrent findings of the courts below.

Dissatisfied with the judgment of the High Court, X’s daughter has filed an appeal before the
Supreme Court. Whether she would succeed? Discuss.

Admitted position is that signatures of A-1 and A-2 were not found on the forged documents.
The appellant has got back the property and mortgage deed has been cancelled by a
competent court. The imposter who executed the power of attorney is not traceable.
(DJS-2019- 10 Marks)

Difficulty Level: Very Hard

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Types of Questions
In Judiciary Prelims and Mains

Type 8: Subjective type - precis-writing

Nature: Requires knowledge of language, comprehension skills, ability to identify the crux
of the idea and exclude the rest, some knowledge of jurisprudential theories may be useful
to comprehend the write-up.

Example: You may be asked to write a precis of 100 words from an extract of about
500-600 words of Austin, Bentham, another jurist, or a judgment.

Difficulty Level: Moderate

Type 9: Subjective type - socio-legal essay-writing

Nature: Requires knowledge of current affairs, static and legal GK, knowing how to
structure an answer coherently, sufficient writing practice

Example: Problems faced by Transgenders in India and measures to improve their social
and economic status. (MPJS Mains 2016; 15 marks)

Difficulty Level: Moderate to hard

Type 10: Subjective type - drafting

Nature: Requires knowledge of the rules of drafting the specific document, knowledge of
relevant legal provisions for that document, application of facts to the law and the rules for
drafting, writing practice

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Types of Questions
In Judiciary Prelims and Mains

Example: Draft a criminal complaint/ plaint/ written statement/ application for temporary
injunction in light of a given fact situation

Difficulty level: Very Hard

Type 11: Subjective type - judgment writing

Nature: Requires knowledge of the rules of writing a judgment, knowledge of how to frame
issues from the averments of parties, in-depth knowledge of the applicable legal provisions
to decide conclusively, application of facts to the law and the rules for drafting, writing
practice

Example: Write a civil/ criminal judgment in light of averments of parties - averments are
usually in about 500 - 1000 words

Difficulty Level: Very Hard

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