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PG 2023 Question Booklet No.
LL.M. Programme
Admit Card Number
(In Figures)
Instructions to Candidates
Duration of Test : 2 hours (120 minutes) Maximum Marks : 120
1. This Question Booklet (QB) contains 120 5. You should write the QB No., and the OMR
(One hundred and Twenty) Multiple Choice Response Sheet No., and sign in the space/
column provided in the Attendance Sheet
Question across 44 (Forty Four) pages
circulated during the test.
including 3 (Three) blank pages for rough
6. You should retain the Admit Card duly
work. No additional sheet(s) of paper will be
signed by the Invigilator, as the same has to
supplied for rough work. be produced at the time of admissions.
2. You shall enter your Admit Card No. on the
7. The QB for the Post Graduate LL.M.
first page of the QB at the start of the test.
Programme is for 120 marks. Every Right
3. You have to answer ALL questions in the Answer secures 1 mark. Every Wrong
Answer results in the deduction of
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separate carbonised Optical Mark Reader 0.25 marks. There shall be no deductions for
(OMR) Response Sheet supplied along Unanswered Questions.
with this QB. You must READ the detailed
instructions provided with the OMR 8. You may retain the QB and the candidate’s
copy of the OMR Response Sheet after the
Response Sheet on the reverse side of this
test.
packet Before you start the test.
9. The use of any unfair means shall result in
4. No clarification can be sought on the QB your disqualification. Possession of Electronic
from anyone. In case of any discrepancy in Devices including mobile phones, headphones
the QB, request the Invigilator to replace and digital watches is strictly prohibited in
the QB and OMR Response Sheet. Do not the test premises. Impersonation or any
other fraudulent practice may be a criminal
use the previous OMR Response Sheet with
offence, and will lead to your disqualification
the fresh QB. and possibly, penal action under the law.
DO NOT OPEN TILL 2 P.M.
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I. Our society is governed by the Constitution. The values of constitutional morality

are a non-derogable entitlement. Notions of “purity and pollution”, which stigmatise
individuals, can have no place in a constitutional regime. Regarding menstruation
as polluting or impure, and worse still, imposing exclusionary disabilities on the
basis of menstrual status, is against the dignity of women which is guaranteed by
the Constitution. Practices which legitimise menstrual taboos, due to notions of
“purity and pollution”, limit the ability of menstruating women to attain the freedom
of movement, the right to education and the right of entry to places of worship and,
eventually, their access to the public sphere. Women have a right to control their own
bodies. The menstrual status of a woman is an attribute of her privacy and person.
Women have a constitutional entitlement that their biological processes must be free
from social and religious practices, which enforce segregation and exclusion. These
practices result in humiliation and a violation of dignity. Article 17 prohibits the
practice of “untouchability”, which is based on notions of purity and impurity, “in
any form”. Article 17 certainly applies to untouchability practices in relation to lower
castes, but it will also apply to the systemic humiliation, exclusion and subjugation
faced by women. Prejudice against women based on notions of impurity and pollution
associated with menstruation is a symbol of exclusion. The social exclusion of women,
based on menstrual status, is but a form of untouchability which is an anathema to
constitutional values. As an expression of the anti-exclusion principle, Article 17 cannot
be read to exclude women against whom social exclusion of the worst kind has been
practised and legitimised on notions of purity and pollution. Article 17 cannot be read
in a restricted manner. But even if Article 17 were to be read to reflect a particular
form of untouchability, that Article will not exhaust the guarantee against other forms
of social exclusion. The guarantee against social exclusion would emanate from other
provisions of Part III, including Articles 15(2) and 21. Exclusion of women between
the age group of ten and fifty, based on their menstrual status, from entering the
temple in Sabarimala can have no place in a constitutional order founded on liberty
and dignity.
[Extracted from Indian Young Lawyers Association v. State of Kerala, (2019) 11 SCC
1 (hereafter IYLA)]
1. In IYLA, the Supreme Court held that the worshippers of Lord Ayyappa:
(A) are not a religious denomination because they have not registered themselves
as such
(B) are not a religious denomination because they do not have a distinct name, a
common set of beliefs, and a common organisational structure
(C) are a religious denomination because they have been recognised as such by the
state
(D) are a religious denomination because they have consistently been treated as
such by themselves as well as by society in general
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2. The Supreme Court determined whether a religious practice falls within Article 25
using the:
(A) Essential Religious Practice Test (B) Sincerity of Belief Test
(C) Proportionality Test (D) Constitutional Morality Test
3. Parliament gave effect to Article 17 by enacting:

(A) The Abolition of Untouchability Act, 1951
(B) The Protection of Civil Rights Act, 1955
(C) The Constitutional Offences Act, 1951
(D) The Untouchability Offences (Prohibition, Protection, and Remedies)
Act, 1950
4. Justice D.Y. Chandrachud’s reliance on Constituent Assembly Debates

to determine the scope of Article 17 is best explained by this method of
constitutional interpretation:
(A) Living Constitutionalism (B) Originalism
(C) Structuralism (D) Textualism
5. In IYLA, Justice D.Y. Chandrachud held that Article 17 has:

(A) Vertical application (B) Horizontal application
(C) Indirect horizontal application (D) None of the above
6. In the review petition against this judgment, the Supreme Court has framed which
of the following questions for determination by a 9-judge bench?
(A) Scope of “public order, morality and health” in Article 25(1)
(B) Scope of expression “section of Hindus” in Article 25(2)(b)
(C) Scope of “judicial recognition” to PILs filed by people not belonging to a religious
denomination to contest a religious practice
(D) All the above
7. Which judge on the bench in IYLA disagreed with Justice Chandrachud on the
application of Article 17?
(A) Justice R.F. Nariman
(B) Justice Dipak Misra
(C) Justice Indu Malhotra
(D) None of the above
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8. In reaching his conclusion on the scope of Article 17, Justice D.Y. Chandrachud
cited which of the following works of Dr. B.R. Ambedkar?
(A) Coming out as Dalit (B) Goolami
(C) Annihilation of Caste (D) All the above
9. In the passage above, what does the term “non-derogable” mean?

(A) Cannot be extracted under any circumstances
(B) Cannot be precisely determined
(C) Cannot be infringed under any circumstances
10. The petition filed by the Indian Young Lawyers Association in this case was a:
(A) Special Leave Petition from the decision of the Kerala High Court
(B) Public Interest Litigation
(C) Writ Appeal from a petition filed under Article 226
II. An Ordinance which is promulgated by the Governor has (as clause 2 of Article
213 provides) the same force and effect as an Act of the legislature of the State
assented to by the Governor. However - and this is a matter of crucial importance
– clause 2 goes on to stipulate in the same vein significant constitutional
conditions. These conditions have to be fulfilled before the ‘force and effect’
fiction comes into being. These conditions are prefaced by the expression
“but every such Ordinance” which means that the constitutional fiction is subject to what
is stipulated in sub-clauses (a) and (b). Sub-clause (a) provides that the Ordinance “shall
be laid before the legislative assembly of the state” or before both the Houses in the case
of a bi-cameral legislature. Is the requirement of laying an Ordinance before the state
legislature mandatory? There can be no manner of doubt that it is. The expression “shall be
laid” is a positive mandate which brooks no exceptions. That the word ‘shall’ in sub-clause
(a) of clause 2 of Article 213 is mandatory, emerges from reading the provision in its
entirety. As we have noted earlier, an Ordinance can be promulgated only when the
legislature is not in session. Upon the completion of six weeks of the reassembling of
the legislature, an Ordinance “shall cease to operate”.
…
Article 213(2)(a) postulates that an ordinance would cease to operate upon the expiry of
a period of six weeks of the reassembly of the legislature. The Oxford English dictionary
defines the expression “cease” as : “to stop, give over, discontinue, desist; to come to
the end.” P Ramanatha Aiyar’s, The Major Law Lexicon defines the expression “cease”
to mean “discontinue or put an end to”. Justice C K Thakker’s Encyclopaedic Law
Lexicon defines the word “cease” as meaning: “to put an end to; to stop, to terminate
or to discontinue”. The expression has been defined in similar terms in Black’s Law
Dictionary.
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…
The expression “cease to operate” in Article 213(2)(a) is attracted in two situations.
The first is where a period of six weeks has expired since the reassembling of the
legislature. The second situation is where a resolution has been passed by the
legislature disapproving of an ordinance. Apart from these two situations that are
contemplated by sub-clause (a), sub-clause (b) contemplates that an ordinance may
be withdrawn at any time by the Governor. Upon its withdrawal the ordinance would
cease to operate as well.
[Extracts from the judgment of majority judgment in Krishna Kumar Singh v.
State of Bihar, Civil Appeal No. 5875 of 1994, decided on January 2, 2017 hereafter
‘KK Singh’]
11. The power to promulgate an ordinance is an instance of the:

(A) Executive power of the Governor
(B) Delegated power of the Governor
(C) Sovereign prerogative power of the Governor
12. The Constitution Bench in D.C. Wadhwa v. State of Bihar (1987) 1 SCC 378 held
that re-promulgation of an Ordinance was a ‘fraud on the Constitution’ because:
(A) Legislative power is vested in the legislatures by the Constitution of India
(B) It is a colourable exercise of power under the Constitution of India
(C) The role of the Executive is to implement a law, not make it
13. In States which are bicameral, the Governor can promulgate an Ordinance only
when:
(A) Both Houses are not in session
(B) When a Proclamation of Emergency is in operation
(C) When the state has been placed under President’s rule
14. Under Article 213, an Ordinance once promulgated by the Governor shall be laid
before the Legislative Assembly of the State or where it is bicameral, before both the
Houses. Keeping in mind the constitutional provisions, an ordinance promulgated
by the Governor can remain effective for a maximum period of:
(A) Six weeks (B) Six months
(C) Seven-and-a-half months (D) One year
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15. KK Singh overruled two 5-Judge decisions of the Supreme Court, to hold:
(A) An Ordinance which is not laid before the Legislature in the manner
prescribed by Article 213 shall not have any legal effect and consequences.
(B) An Ordinance which is not laid before the Legislature in the manner prescribed
by Article 213 shall be void from the date that it should have obtained
approval.
(C) An Ordinance which is not laid before the Legislature in the manner prescribed
by Article 213 shall be void from the date the ordinance is replaced by a law
made by the Legislature to replace the Ordinance.
(D) An Ordinance which is not laid before the Legislature in the manner prescribed
by Article 213 shall be considered as a temporary statute.
16. An Ordinance promulgated by the Governor:

i. shall be treated to be ‘law’ for the purposes of Article 13 of the Constitution of
India.
ii. shall in all cases require the prior approval of the President.
iii. shall not be constrained by the subject-matter requirements of Article 246 read
with the Seventh Schedule of the Constitution of India.
(A) i alone is correct (B) i and ii are correct
(C) i, ii and iii are correct (D) None of the above are correct
17. Article 213 requires the Governor to reserve an Ordinance for the consideration of
the President:
i. in all cases when the state is placed under President’s Rule under
Article 356.
ii. when the Ordinance pertains to the proviso to Article 304(b) and seeks to
impose reasonable restrictions in the public interest on the freedom of trade,
commerce or intercourse with or within that state.
iii. when the Ordinance is on a matter enumerated in the Concurrent List (of the
Seventh Schedule) and which is repugnant to a law made by Parliament.
(A) i, ii, and iii are correct (B) ii and iii are correct
(C) i and iii are correct (D) None is correct
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18. The power of the Governor to promulgate an Ordinance is subject to the Governor
being satisfied that “circumstances exist which render it necessary for him to take
immediate action.” The 7-judge bench in KK Singh held that the satisfaction of the
Governor:
(A) Is not subject to judicial review since it is a political question
(B) Is subject to judicial review with regard to the relevancy of the material on
which such satisfaction is based
(C) Is subject to judicial review with regard to the adequacy of materials on which
such satisfaction is based
19. Section 6 of the General Clauses Act, 1897 protects rights, privileges, obligations
and liabilities in cases of repeal of an enactment. The majority in KK Singh held
that:
i. The Ordinance that ‘ceases to operate’ is distinct from a law that is void.
ii. An Ordinance that ‘ceases to operate’ is distinct from a temporary statute.
iii. An Ordinance that ‘ceases to operate’ is distinct from a repealed statute.
iv. An Ordinance that ‘ceases to operate’ is not ‘saved’ in the absence of any
‘savings clause’ in Article 213.
(A) i, ii, and iii are correct (B) ii and iii are correct
(C) i and iii are correct (D) All the above are correct
20. A resolution by the Legislature disapproving an Ordinance promulgated under

Article 213 by the Governor is:
(A) statutory in nature and has binding effect upon the Government
(B) a mere expression of the opinion of the House
(C) a decision of the House relating to the control of its proceedings
(D) an exercise of delegated legislation
III. The other material which prompted the High Court to reach the conclusion that the
subsoil/minerals vest in the State is … recitals of a patta which ….. states that if
minerals are found in the property covered by the patta and if the pattadar exploits
those minerals, the pattadar is liable for a separate tax in addition to the tax shown in
the patta and …. certain standing orders of the Collector of Malabar which provided for
collection of seigniorage fee in the event of the mining operation being carried on. We
are of the clear opinion that the recitals in the patta or the Collector’s standing order
that the exploitation of mineral wealth in the patta land would attract additional tax,
in our opinion, cannot in any way indicate the ownership of the State in the minerals.
The power to tax is a necessary incident of sovereign authority (imperium) but not an
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incident of proprietary rights (dominium). Proprietary right is a compendium of rights

consisting of various constituent, rights. If a person has only a share in the produce
of some property, it can never be said that such property vests in such a person. In
the instant case, the State asserted its ‘right’ to demand a share in the ‘produce of the
minerals worked’ though the expression employed is right – it is in fact the Sovereign
authority which is asserted. From the language of the BSO No.10 it is clear that such
right to demand the share could be exercised only when the pattadar or somebody
claiming through the pattadar, extracts/works the minerals – the authority of the
State to collect money on the happening of an event – such a demand is more in the
nature of an excise duty/a tax. The assertion of authority to collect a duty or tax is in
the realm of the sovereign authority, but not a proprietary right….
The only other submission which we are required to deal with before we part with
this matter is the argument of the learned counsel for the State that in view of the
scheme of the Mines and Minerals (Development and Regulation) Act, 1957 (hereafter
‘MMDRA’) which prohibits under Section 4 the carrying on of any mining activity in
this country except in accordance with the permit, licence or mining lease as the case
may be, granted under the Act, the appellants cannot claim any proprietary right in
the sub-soil…
[Extract from the judgment in Thressiamma Jacob v. Dept. of Mining & Geology,
(2013) 9 SCC 725] (hereafter ‘T Jacob’)
21. The MMDRA enacted by Parliament grants the Union Government the:
(A) Right to obtain ownership of land containing mineral wealth
(B) Power to exclude the State Government from ownership rights of land containing
mineral wealth
(C) Right to regulate the grant of mining rights
(D) Right to impose taxes on all mining activities
22. T Jacob dealt with the question of traditional proprietary rights of ownership of
subsoil rights, and held that:
i. Sub-soil rights are treated as ‘commons’ and are held by the State in public
trust.
ii. There is nothing in the law which declares that all mineral wealth/ subsoil
rights vest in the State.
iii. The owner of the land can be deprived of sub-soil rights by law.
(A) i is correct (B) ii and iii are correct
(C) i and iii are correct (D) None of the above is correct
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23. The power to impose a tax on the produce of some land should be treated as:
(A) Assertion that land is partly owned by government
(B) Power of eminent domain
(C) Assertion of a proprietary right
(D) Assertion of a sovereign right
24. In common law, the owner of a piece of land is entitled to:

i. Work on the surface of the land.
ii. Entitled to everything beneath the surface down to the centre of the earth.
iii. Entitled to everything below the surface except those minerals included under
the MMDRA.
(A) All are correct (B) Only i is correct
(C) Only i and ii are correct (D) Only i and iii are correct
25. Under the Constitution of India, all property and assets, which vested in the British
Crown for the purposes of the Government of the Dominion of India and Governor’s
Provinces, stood:
(A) Confiscated without payment (B) Repatriated back to the Crown
(C) Vested in the Union of India (D) Vested in the Union of India and the states
26. The Constitution of India, vests all lands, minerals, and other things of value under
the ocean floor within the territorial waters:
(A) in the Union of India
(B) in the respective states having a shoreline
(C) in the Union and all states in the Union
(D) Are treated as ‘res commune’
27. The Supreme Court in State of Meghalaya v. All Dimasa Students Union Hasao
[2019] held that in the Sixth Schedule State of Meghalaya, where most lands are
either privately or community-owned:
i. Landowners of privately owned/ community owned lands can lease their lands
for mining.
ii. The State Government alone can grant a lease for mining in privately owned/
community owned lands.
iii. Landowners of privately owned/ community owned lands can lease their lands
for mining after obtaining previous approval of the Central Government through
the State Government.
iv. All of the above
(A) iv is correct (B) ii and iii are correct
(C) i and iii are correct (D) None of the above is correct
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28. Section 105 of the Transfer of Property Act, 1882 states that a lease of immovable
property is a transfer of a right to enjoy such property under certain conditions.
The right to ‘enjoy such property’:
(A) Includes the right to carry on mining operation in the surface of the land
(B) Includes the right to carry on mining operation in the sub-soil of the land
(C) Includes the right to extract the specified quantity of the minerals found therein,
to remove and appropriate that mineral
(D) All the above
29. The need for environmental clearance under the Environment Protection Act, 1986
is required for a project of coal mining:
(A) In all lands whether privately, community, or publicly owned
(B) Only in lands owned by the Union Government
(C) Only in lands owned by the state government
(D) Only where sustainability is threatened
30. The Constitution of India provides that all properties within the territory of India
that do not have a lawful heir, successor or rightful owner, accrue to the Union or
state where it is situate through:
(A) Escheat (B) Lapse
(C) Bona vacantia (D) All the above
IV. A nationwide lockdown was declared by the Central Government from 24 March 2020
to prevent the spread of the CoVID-19 pandemic. Economic activity came to a grinding
halt. The lockdown was extended on several occasions, among them for the second time
on 14 April 2020. On 17 April 2020, the Labour and Employment Department of the
State of Gujarat issued a notification under Section 5 of the Factories Act to exempt all
factories registered under the Act “from various provisions relating to weekly hours,
daily hours, intervals for rest etc. for adult workers” under Sections 51, 54, 55 and 56.
The stated aim of the notification was to provide “certain relaxations for industrial
and commercial activities” from 20 April 2020 till 19 July 2020.
Section 5 of the Factories Act provides that in a public emergency, the State
Government can exempt any factory or class or description of factories from all or any
of the provisions of the Act, except Section 67. Section 5 is extracted below: “5. Power
to exempt during public emergency. — In any case of public emergency the State
Government may, by notification in the Official Gazette, exempt any factory or class
or description of factories from all or any of the provisions of this Act except section 67
for such period and subject to such conditions as it may think fit: Provided that no such
notification shall be made for a period exceeding three months at a time. Explanation.—
For the purposes of this section ‘public emergency’ means a grave emergency whereby
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the security of India or of any part of the territory thereof is threatened, whether by
war or external aggression or internal disturbance.” (emphasis supplied)
The notification in its relevant part is extracted below:
“... NOW, THEREFORE, in exercise of the powers conferred by Section 5 of the
Factories Act, 1948, the ‘Factories Act’ PART B Government of Gujarat hereby directs
that all the factories registered under the Factories Act, 1948 shall be exempted from
various provisions relating to weekly hours, daily hours, intervals for rest etc. of adult
workers under section 51, section 54, and section 55 and section 56 with the following
conditions from 20th April till 19th July 2020, –
(1) No adult worker shall be allowed or required to work in a factory for more than
twelve hours in any day and Seventy Two hours in any week.
(2) The Periods of work of adult workers in a factory each day shall be so fixed that
no period shall exceed six hours and that no worker shall work for more than six
hours before he has had an interval of rest of at least half an hour.
(3) No Female workers shall be allowed or required to work in a factory between
7:00 PM to 6:00 AM.
(4) Wages shall be in a proportion of the existing wages (e.g. If wages for eight hours
are 80 Rupees, then proportionate wages for twelve hours will be 120 Rupees).”
[Extract from judgment of the Supreme Court in Gujarat Mazdoor Sabha v. The State
of Gujarat decided on 1 October, 2020, (hereafter ‘GMS’)]
31. Section 5 of the Factories Act, 1948 provides for the power of exemption from certain
provisions of the Act due to the occurrence of a public emergency. In GMS, the
Supreme Court held that:
i. Situations of grave emergency require an actual threat to the security of the
state.
ii. Emergency powers can be used to avert the threat posed by war, external
aggression or internal disturbance.
iii. Emergency powers must not be used for any other purpose.
(A) Only i and iii are correct (B) Only ii is correct
(C) Only i and ii are correct (D) All the above statements are correct
32. In order for a Proclamation of Emergency to be made under Article 352 of the
Constitution of India, the President must be satisfied that a grave emergency
exists whereby the security of India or of any part of the territory thereof is
threatened:
(A) by war or external aggression or internal disturbance
(B) by war or external aggression or financial instability
(C) by war or external aggression or armed rebellion
(D) by war or armed rebellion or internal disturbance
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33. Following the Constitution (Forty-fourth Amendment) Act, 1978, in order for a
Proclamation of Emergency to be issued, such decision has:
(A) to be taken by the Prime Minister and conveyed to the President
(B) to be taken by the Council of Ministers of Cabinet rank and approved by both
Houses of Parliament
(C) to be taken by the Council of Ministers of Cabinet rank and communicated to
the President in writing
(D) to be taken by the Council of Ministers of Cabinet rank and approved by at
least half the State Legislatures
34. Article 355 of the Constitution of India casts a duty upon the Union to protect every
state against, inter alia, internal disturbance. The Supreme Court has noted that
the Sarkaria Commission recognised a range of situations which could amount to
internal disturbance, including:
(A) Situations of financial exigencies (B) Breaches of public peace
(C) Inefficient administration (D) None of the above
35. The Supreme Court in Sarbananda Sonowal v. Union of India, AIR 2005 SC 2920,
held that the duty of the Union to protect every state against external aggression
and internal disturbance extends to:
(A) Situations where there are large-scale cases of illegal migrants from other
countries
(B) Situations where there are large-scale cases of migration from other parts of
India
(C) Cases of external aggression which are similar to ‘war’
36. In deciding whether the CoVID-19 pandemic and the ensuing lockdown imposed
by the Central Government to contain the spread of the pandemic, have created a
public emergency as defined by the explanation to Section 5 of the Factories Act,
1948 the Supreme Court in GMS held:
i. The economic slowdown caused by the pandemic constitutes a public
emergency.
ii. The situation created by the Covid-19 pandemic was similar to a national
emergency caused by external aggression or war.
iii. The economic slowdown created by the CoVID-19 pandemic qualifies as an
internal disturbance threatening the security of the state.
(A) Only i and iii are correct (B) Only ii and iii are correct
(C) Only i and ii are correct (D) None of the above statements are correct
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37. The Supreme Court in Ram Manohar Lohia v. State of Bihar, AIR 1966 SC 740,
Arun Ghosh v. State of West Bengal, 1970 SCR 288, and later cases, has indicated
that matters affecting law and order can be determined:
(A) Not by the nature of the act alone e.g., a case of stabbing of one person by
another
(B) The degree to which public tranquility is disturbed
(C) Whether the even tempo of life of a community continues undisturbed or not
(D) All the above
38. The Supreme Court has indicated that matters that affect public order are to be
determined:
i. By looking at the nature of the act, how violent it is irrespective of its
context.
ii. The degree and effect any action has on the life of the community.
iii. By consideration of factors related to the maintenance of law and order.

(C) Only i and ii are correct (D) All the above statements are correct
39. The Factories Act, 1948, stipulates the maximum number of hours that can be
worked per week and also that overtime wages need to be double the normal wage
rate. In GMS the exemption relied upon by State government to extend the working
hours to 12 hours a day and at the usual wage rate without payment of overtime
across all factories was deemed to be:
i. Justified in view of the grave emergency cause by the Covid-19 pandemic.
ii. Violative of the rule of law.
iii. Violative of just and humane conditions of work.
(C) Only ii and iii are correct (D) All the above statements are correct
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40. The rationale of the Factories Act, 1948 in providing double the wage rate for periods
of overtime work is based on:
i. Compensating the worker for the extra strain on their health in doing overtime
work.
ii. Enabling the worker to maintain proper standard of health and stamina.
iii. Protecting the worker against exploitation.
(A) i, ii, and iii are correct (B) Only i and iii are correct
(C) Only ii is correct (D) Only ii and iii are correct
V. In view of various counter claims regarding registration or non-registration, what is

necessary is only that the information given to the police must disclose the commission
of a cognizable offence. In such a situation, registration of a FIR is mandatory. However,
if no cognizable offence is made out in the information given, then the FIR need not
be registered immediately and perhaps the police can conduct a sort of preliminary
verification or inquiry for the limited purpose of ascertaining as to whether a
cognizable offence has been committed. But, if the information given clearly mentions
the commission of a cognizable offence, there is no other option but to register a FIR
forthwith. Other considerations are not relevant at the stage of registration of FIR,
such as, whether the information is falsely given, whether the information is genuine,
whether the information is credible etc. These are the issues that have to be verified
during the investigation of the FIR. At the stage of registration of a FIR, what is to
be seen is merely whether the information given ex facie discloses the commission of
a cognizable offence. If, after investigation, the information given is found to be false,
there is always an option to prosecute the complainant for filing a false FIR.
[Excerpted from the judgment delivered by Sathasivam, C.J.I. in Lalita Kumari v.
State of Uttar Pradesh, (2014) 2 SCC 1 (hereafter ‘Lalita Kumari’)]
41. In the concluding part of the judgment excerpted above, preliminary inquiries were
permitted for which of the following class or classes of cases?
(A) Offences related to matrimonial disputes
(B) Allegations of corruption against public officers
(C) Where the information was received after substantial delay, such as more than
three months after the alleged incident
(D) All the above
42. In the recent judgment of the Supreme Court in Netaji Achyut Shinde (Patil) v.
State of Maharashtra, (2021) SCC Online SC 247, a three-judge bench of the Court
reiterated which of the following principles relating to a FIR?
(A) That a cryptic phone call, without complete details and information about the
commission of a cognizable offence cannot always be treated as a F.I.R.
(B) That non-reading-over of the recorded complaint by the police to the informant
will vitiate the recording of the F.I.R.
(C) That F.I.R.s are substantive pieces of evidence at the trial and can be duly
proved to establish the facts in issue at a trial.
(D) That F.I.R.s are necessarily hearsay statements and cannot be relied upon to
prove the truth of the matters asserted therein.
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43. Upon receipt of a complaint disclosing the commission of a cognizable offence from
an informant, the station house officer of a police station proceeds to record the
substance of the complaint in the Station House Diary. Thereafter, he proceeds
to conduct investigation by going to the spot of the incident, collecting materials
from the scene, and recording statements of persons he believes have information
about the alleged crime. On the next day, he calls the informant to the police station
again, and this time, proceeds to record a formal F.I.R. for the offences. He then
gives a copy of the registered F.I.R. to the informant and sends him home. The
duly registered F.I.R. can be challenged on which of the following grounds?
(A) That the police officer has not followed the mandatory procedure of sending a
copy of the F.I.R. to the jurisdictional magistrate upon registration.
(B) That the statement recorded as the F.I.R. is a hearsay statement made by the
police officer himself and therefore cannot be admissible in evidence.
(C) That the recorded F.I.R. becomes a statement under Section 161, Code of
Criminal Procedure, 1973, because the Station House Diary entry will be
considered the F.I.R.
(D) That the procedure set out in Section 190, Code of Criminal Procedure, 1973
has been violated by the police officer.
44. In the case of Aghnoo Nagesia v. State of Bihar, AIR 1966 SC 119, the accused
himself walked to the police station and registered an F.I.R. against himself for the
murder of his family members. There was no formal information of the commission
of the offence prior to the accused himself having the F.I.R. registered. Per the
judgment in the case, such an F.I.R. would be considered:
(A) Violative of right against self-incrimination under Article 20(3) of the
Constitution of India.
(B) A statement that cannot be proved as a confession hit by Section 25, Indian
Evidence Act, 1872.
(C) A statement that can be used as substantive evidence against its maker, since
there was no accusation against him at the time he made the statement.
(D) A statement that can be retracted by the accused person at the time of trial,
and thereafter the commission of the offence cannot be proved.
45. In the case of Pakala Narayanaswami v. King Emperor, 1939 Cri LJ 364 (PC), the
Privy Council held that a statement would be a confession if it:
(A) Admitted the commission of the offence in the terms of the offence.
(B) Admitted the commission of the ingredients for the commission of the
offence.
(C) Either (A) or (B)
(D) Both (A) and (B)
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46. In the excerpt above, the Supreme Court refers to the standard of ex facie. Such a
standard in law can be explained as:
(A) Refers to a standard where a document by its stated terms displays the sought
fact.
(B) Refers to a standard where a document by very simple perusal displays the
sought fact.
(C) Refers to a standard which calls for an application of mind by the finder of fact
to infer a conclusion.
(D) Refers to a standard which requires no consideration unless proved otherwise
by the opposite side.
47. In Lalita Kumari the Supreme Court provides a timeline for the completion of
preliminary inquiries by the police prior to the registration of the F.I.R. As per the
Court, such an inquiry should be concluded:
(A) Within a period not exceeding fifteen days
(B) Within a period not exceeding seven days
(C) As expeditiously as possible but the Court did not specify a timeline
(D) Within such time as may be permitted by the jurisdictional Magistrate
48. An F.I.R. is considered the first information of the commission of a cognizable

offence. Where the information discloses the commission of both cognizable offences
as well as non-cognizable offences as part of the same facts, such information must
be treated in the following manner:
(A) The entire information will be treated as disclosing cognizable offences and
registered as an F.I.R.
(B) The police officer will sever the parts disclosing non-cognizable offences and
shall only register the parts disclosing cognizable offences.
(C) The police officer shall refer the informant to the jurisdictional Magistrate for
a direction to register the F.I.R., and thereafter, once such direction is received,
register the F.I.R.
(D) The F.I.R. registered, which contains information of non-cognizable offences,
is subject to confirmation by a Magistrate under Sections 156 and 157
of Cr.P.C.
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49. The power of the police to launch an investigation is provided for under Sections
154 and 157 of Cr.P.C. The threshold to be met for launching an investigation
under Section 157, according to Lalita Kumari, is
(A) Cogent and reliable information disclosing the commission of a cognizable
offence.
(B) Higher than the requirement under Section 154 of Cr.P.C. as the Section uses
the term “reason to suspect the commission of an offence”.
(C) Precisely the same standard under Section 154 of Cr.P.C. and the police have
no discretion in the matter.
(D) At the same standard as for a non-cognizable complaint being scrutinised by
a Judicial Magistrate.
50. According to the decision of the Supreme Court in Lalita Kumari, the police may not
consider the genuineness of information disclosing the commission of a cognisable
offence at the time of registering an F.I.R. What does this mean?
(A) That the informant must be believed for the purposes of registering the
F.I.R.
(B) That the information must be taken as true for the purposes of registering the
F.I.R.
(C) That the police cannot reject any information disclosing the commission of a
cognisable offence on the basis of it being false.
(D) All the above
VI. The non-obstante clause in sub-section (1) of the Indian Evidence Act, 1872 makes it
clear that when it comes to information contained in an electronic record, admissibility
and proof thereof must follow the drill of Section 65B, which is a special provision in this
behalf — Sections 62 to 65 being irrelevant for this purpose. However, Section 65B(1)
clearly differentiates between the “original” document — which would be the original
“electronic record” contained in the “computer” in which the original information is
first stored and the computer output containing such information, which then may
be treated as evidence of the contents of the “original” document. All this necessarily
shows that Section 65B differentiates between the original information contained in
the “computer” itself and copies made therefrom – the former being primary evidence,
and the latter being secondary evidence.
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Quite obviously, the requisite certificate in sub-section (4) of the Indian Evidence Act is
unnecessary if the original document itself is produced. This can be done by the owner
of a laptop computer, a computer tablet or even a mobile phone, by stepping into the
witness box and proving that the concerned device, on which the original information
is first stored, is owned and/or operated by him. In cases where “the computer”, as
defined, happens to be a part of a “computer system” or “computer network” (as defined
in the Information Technology Act, 2000) and it becomes impossible to physically bring
such network or system to the Court, then the only means of proving information
contained in such electronic record can be in accordance with Section 65B(1), together
with the requisite certificate under Section 65B(4). This being the case, it is necessary
to clarify what is contained in the last sentence in paragraph 24 of Anvar P.V. (supra)
which reads as “... if an electronic record as such is used as primary evidence under
Section 62 of the Evidence Act ...”. This may more appropriately be read without the
words “under Section 62 of the Evidence Act, ...”. With this minor clarification, the law
stated in paragraph 24 of Anvar P.V. (supra) does not need to be revisited.
[Excerpted from the judgment delivered by R.F. Nariman, J., in Arjun Panditrao
Khotkar v. Kailash K. Gorantyal, (2020) 7 SCC 1.]
51. The Supreme Court judgment excerpted above held that compliance with Sections
65A and 65B of the Indian Evidence Act, 1872 for admitting secondary evidence of
electronic records is:
(A) Mandatory as held in the case of Anvar v. Basheer, (2014) 10 SCC 473
(B) Discretionary upon the trial court judge to insist or waive the requirement
(C) To be read together with the mode of proof of non-electronic documents under
Sections 62-65, Indian Evidence Act, 1872
52. In Indian evidence law, the proof of the contents of documents must necessarily
follow a sequence of procedure; this sequence (not necessarily covering all stages)
can be illustrated as:
(A) Admitting the document, marking the document, authenticating the
document
(B) Authenticating the document, receiving evidence of its contents, marking the
document
(C) Proving the contents of the document, authenticating the document, marking
the document
(D) Marking the document, authenticating the document, receiving the document
as evidence
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53. Where the original document, such as the original computer device containing the
electronic record is produced before the court, the provisions of Section 65B(4) of
the Indian Evidence Act, 1872 need not be complied with. However, the owner of
the device must be present as a witness and testify that the device belongs to them.
This function by a witness is most appropriately understood as:
(A) The act of authentication of a document
(B) The act of proving contents of a document
(C) The act of corroborating the evidence of a document
(D) The act of solving the problem of hearsay associated with documents
54. Under the Indian Evidence Act, 1872, oral evidence as to the contents of
documents:
(A) Cannot be admitted
(B) Generally cannot be admitted except when accepted as admissible secondary
evidence under Section 65, Indian Evidence Act, 1872
(C) Generally can be admitted except when barred by the rule against hearsay
(D) Generally can be admitted except when considered unreliable due to
impeachment of the witness
55. Where primary evidence of an electronic record cannot be produced in court,

and the secondary evidence is not accompanied by a certificate required under
Section 65B(4), Indian Evidence Act, 1872, the court may:
(A) Never admit such evidence
(B) May only admit such evidence where it is satisfied that procuring such a
certificate for the party adducing the document into evidence would result in
unfair prejudice, and where the document is crucial evidence
(C) May admit such evidence if satisfied that the party adducing such evidence was
unable to procure the certificate despite best efforts and that it was impossible
for them to do so
(D) Admit such evidence after a scrutiny of the fact it purports to prove, and only
do so for the proof of relevant facts, and never for the proof of facts in issue as
defined under Section 3, Indian Evidence Act, 1872.
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56. A plaintiff seeks to adduce a secondary electronic record into evidence and does
not comply with the requirements under Section 65B, Indian Evidence Act, 1872,
for the same. The respondent does not object to the admission of such evidence
at trial. Subsequently, upon appeal, a ground is taken by the original respondent
that such evidence should not have been admitted as it did not comply with the
procedure under Section 65B. Relying on the Supreme Court’s judgment in Sonu
v. State of Haryana, (2017) 8 SCC 570, the court should hold:
(A) An appellate court should declare the evidence inadmissible in line with the
mandatory nature of Section 65B.
(B) An appellate court should remand the matter to trial declaring the said evidence
inadmissible.
(C) An objection to the method of proof cannot be raised at the appellate stage as
the original plaintiff cannot rectify the error.
(D) Since the respondent did not object to the admissibility of the evidence, the
document is held to be proved.
57. The Supreme Court in Anvar v. Basheer, (2014) 10 SCC 473, overruled the decision
of State (NCT of Delhi) v. Navjot Sandhu, (2005) 11 SCC 600, on which of its
holdings?
(A) That in cases of criminal conspiracy, the method of proof of the conspiracy is
controlled by Section 10, Indian Evidence Act, 1872, and not Section 65B.
(B) That irrespective of compliance with Section 65B, contents of electronic
documents could be proved through Sections 62-65 of the Indian Evidence
Act, 1872.
(C) That electronic documents being a special class of general documents, had to be
proved through expert opinion under Section 45, Indian Evidence Act, 1872.
(D) That the document sought to be proved must first be marked and then admitted
into evidence for its contents, and that this sequence may not be reversed.
58. The judgment of the Supreme Court in Tomaso Bruno v. State of u.P., (2015)
3 SCC (Cri) 54, has been held to be per incuriam. In law, a judgment is per incuriam
when:
(A) The judgment is against binding precedent of a higher court or larger bench.
(B) The judgment is against binding provisions of law applicable to the subject.
(C) Both (A) and (B)
(D) Neither (A) nor (B)
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59. X gets his Will made. The final Will is drawn up by a scribe who takes down the
dictation of the terms and averments of the document, and thereafter, the Will
is executed by the testator. The execution of the Will is also attested to by two
witnesses. Upon the death of X, the Will falls into controversy. Y, one of X’s sons,
challenges the validity of the Will. To prove due execution of the document, Z, X’s
other son, who supports the Will, calls one of the attesting witnesses to court. This
witness states that he does not remember the due execution of the Will nor does he
remember attesting the Will. Thereafter, Z seeks to examine the scribe who wrote
the Will as a witness to its execution. Can the scribe be examined at this stage?
(A) Yes, since one of the attesting witnesses has not recalled the execution, any
other evidence is now admissible to prove execution under Section 71, Indian
Evidence Act, 1872.
(B) No, since there is another attesting witness who has not been summoned to
court, that witness must be first examined under Section 68, Indian Evidence
Act, 1872.
(C) No, since one attesting witness has denied the execution, no other evidence can
prove the execution of the Will.
(D) Yes, since the scribe is a direct witness to the execution of the Will, and his
evidence is admissible under Section 60, Indian Evidence Act, 1872.
60. In terms of the time when the certificate required under Section 65B(4) of the Indian
Evidence Act, 1872 must be produced, and specifically in the context of criminal
trials, the Supreme Court has held:
(A) That the certificate must generally be produced at the time of production of
documents, which would mean filing of the chargesheet in a criminal case.
(B) That the documents, if missing, or deficient, can be supplied at a later stage
in the trial and the court can be asked to take them on record.
(C) That generally speaking, any application during trial to take additional
documents on record must be examined as to not cause unfair prejudice to the
accused.
(D) All the above
VII. There are two different ways we can think about law and law-making. To put it crudely:
we can think of law as partisan, as nothing more than the expression in legislative
terms of the particular ideology or policies of a political party; or we can think of law
as neutral, as something that stands above party politics, at least in the sense that
once passed it ought to command the obedience and respect of everyone...
[Political] Parties compete for control of Parliament because they want their values,
their ideology, and their programme to be reflected in the law of the land… …no-one
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doubts that the Commons stage is the most important, and the reason surely is that
the House of Commons is the institution most subject to popular control. If laws passed
by one Parliament turn out to be unpopular, the electorate can install a majority
that is sworn to repeal them. That is what elections and representative politics are
all about. On this model, it is simply fatuous to pretend that law is somehow ‘above’
politics. Maybe there are some laws on which everyone agrees, no matter what their
ideology. Everyone agrees there should be a law against murder, for example, and
that there should be basic rules of the road. But as soon as we turn to the fine print,
it is surprisingly difficult to find a consensus on the detail of any legislative provision.
And in many cases, even the fundamental principles are the subject of fierce political
dispute… What this model stresses, then, is that legislative attitudes are necessarily
partisan attitudes. So long as there is tight party discipline in Parliament, legislative
decisions will be taken on the basis of the ideology of the leadership of the party in
power. The partisan model stresses the legitimacy of these attitudes and this form of
decision-making…
By contrast, what I call ‘the neutral model’ enjoins a certain respect for law and law-
making which goes beyond purely partisan views. According to this model there is
something special about law, and it carries with it special non-partisan responsibilities.
Proponents of the neutral model do not deny that laws are made by party politicians,
and that legislation is often motivated by disputed values and ideologies… …their view
is that when a law is being made, something solemn is being decided in Parliament
in the name of the whole society. Though it is reasonable for bills to be proposed and
debated along partisan lines, the decision procedures of Parliament are designed to
indicate not merely which is the stronger party, but what is to be the view of society
as a whole on some matter for the time being… …the result, the outcome, is a decision
of the House as a whole: it is, literally, an act of Parliament, not merely an act of the
Conservative party or an act of the Labour party, whichever commands the majority.
By virtue of the parliamentary process, it transcends partisan politics, and presents
itself as a norm enacted for and on behalf of the entire community…
…on the neutral model, the social function idea tends to receive more emphasis than
the political provenance. For this reason, the neutral model often focuses on aspects of
the legal system that do not involve explicitly partisan initiatives. It focuses on those
areas of law where there is something approaching unanimity (such as the fundamental
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principles of the criminal law and some of the basic tenets of private law). And it
focuses particularly on ‘the common law’... ...when common law doctrine strikes out
in new directions, the change is usually presented as the product of reasoning which
is independent of politics, as though there were an evolving ‘logic’ of the law which
could proceed untainted by partisan values or ideology.
[Excerpted, with edits, from The Law, by Jeremy Waldron, Routledge, Oxon, 1990.]
61. Partyland is a democratic republic that has a federal legislative body called the
Senate. The Senate is the most powerful legislative body in the country, and its
decisions cannot be overruled by the judiciary. The Personal Party wins the general
elections by an overwhelming majority and implements several of its policies
through legislation during its term in power. In the next general elections, the Public
Party wins an overwhelming majority at the polls and passes several legislation
reversing the Personal Party’s changes. It also introduces new laws to implement
its own policies. Which of the following is Waldron most likely to agree with?
(a) Partyland is not an actual democracy
(b) The situation in Partyland is an illustration of the neutral model of law
(c) The situation in Partyland is an illustration of the partisan model of law
(d) Partyland is not an actual republic
62. The Public Party wins a second term in power and introduces sweeping changes to
Partyland’s laws. Judges now have limited or no discretion in deciding cases but
are expected to apply the codified laws of the country strictly. Which of the models
of law described in the passage do these changes align most closely with?
(a) The neutral model of law
(b) The partisan model of law
(c) Equally with both, the neutral and the partisan model of law
(d) With neither the neutral nor the partisan model of law
63. The Public Party now introduces new laws that require all workers to pay a “workers’
tax” equal to 10% of their earnings. The amount collected from this tax would be
deposited into a fund for the welfare of workers. Partyland is divided into several
states, and there are separate elections to the legislatures of states. The Worker’s
Party is in power in one state, and it announces that the new law is “anti-worker”.
The Worker’s Party refuses to implement the new law in that state. Which of the
models of law described in the passage does the Worker’s Party’s conduct most
closely align with?
(a) The partisan model of law
(b) The neutral model of law
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64. Based on the information provided in the passage, which of the following is the most
accurate as regards the Basic Structure doctrine in Indian constitutional law?
(a) As it places limits on the amending power of Parliament, it is closer to the
partisan rather than the neutral model of law.
(b) As it emerged from a series of judicial decisions rather than legislation, it is a
product of partisan rather than neutral law-making.
(c) It does not reflect any of the attributes of either the neutral or partisan model
of law.
(d) As it places limits on the amending power of Parliament, it is closer to the
neutral rather than the partisan model of law.
65. Based on the passage above, which of the following is Waldron most likely to
agree with?
(a) Legislators always make laws based on their party’s ideology, rather than any
non-partisan interests
(b) Legislators make laws based on non-partisan considerations
(c) Laws are made on the basis of the needs and demands of society from time
to time
(d) Law and law-making can be understood using the partisan or the neutral
model
66. Which of the following most strongly supports the neutral model of law and
law-making?
(a) The fact that once enacted, a legislation is regarded as an act of Parliament as
a whole, rather than any political party
(b) The fact that party whips ensure party members vote in accordance with their
party’s ideological position
(c) The fact that social welfare legislation are enacted for the benefit of the weaker
sections of society
(d) The fact that elections to legislatures are hotly contested
67. Which of the following is a proponent of the neutral model of law-making most
likely to agree with?
(a) Everyone agrees that democracy is desirable, and the fact that the voter
turnout in recent years has increased tremendously shows that law-making is
non-partisan.
(b) Everyone agrees that legislators should represent their constituents’ interests,
and so, they should vote only for laws that their party has promised to the
electorate in the election manifesto.
(c) Everyone agrees that child pornography is heinous, and that fact that politicians
across parties have voted for strong punishments to be imposed on child
pornographers shows that law-making is non-partisan.
(d) Everyone agrees that judges are not elected, and so, they should not have
any law-making powers, directly through legislation or indirectly through
interpretation.
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68. Which of the following arguments most strongly supports the partisan model of
law-making?
(a) Calling a legislation an act of Parliament rather than the act of a political
party shows that it is the view of society as a whole on some matter, and thus
deserving of respect by members of all political parties.
(b) Merely calling a legislation an act of Parliament does not take away from the
fact that it is partisan, since it was introduced by a political party, and voted for
by its members on the party’s directions, in furtherance of the party’s ideological
agenda.
(c) Calling a legislation an act of Parliament indicates that politicians have the
liberty to vote for or against legislation on the basis of their idea of the rule of
law, rather than on the basis of their party’s ideological agenda.
(d) The mere act of calling a legislation an act of Parliament shows that it is the
result of the collective effort of legislators from different political parties, and
therefore, non-partisan in nature.
69. General elections are held again in Partyland, and yet again, the Public Party
wins power. It now introduces a new law, which provides that legislators who vote
against their party whip may not be disqualified from membership of their party
for that reason alone. Which of the models of law described in the passage does
this new law align most closely with?
(a) The neutral model of law
(b) The partisan model of law
70. Which of the following, if true, would most weaken the neutral model of law’s
arguments about the common law?
(A) Common law doctrine evolves over time, and in some instances may take much
longer to evolve than the passage of a legislation.
(B) Common law doctrine only evolves based on a form of reasoning specific to the
law and is not affected by the personal values or ideologies of judges.
(C) The evolution of common law doctrine proceeds in a purely logical manner and
is not affected by any partisan values or ideology.
(D) The evolution of common law doctrine is directed by the partisan interests of
judges and is not divorced from political values or ideology.
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VIII. …If a person enters into a transaction which is surely likely to result in loss, he cannot
be accused of insider trading. In other words, the actual gain or loss is immaterial,
but the motive for making a gain is essential.
The words, “likely to materially affect the price” appearing in the main part of
Regulation 2(ha) gain significance for the simple reason that profit motive, if not actual
profit should be the motivating factor for a person to indulge in insider trading. This
is why the information in Item No.(vii) of the Explanation under Regulation 2(ha)
may have to be examined with reference to the words “likely to materially affect the
price”. Keeping this in mind let us now come back to the facts of the case.
Gammon Infrastructure Projects Limited (“GIPL”) was awarded a contract for

the execution of a project, whose total cost was admittedly ` 1,648 crores. Simplex
Infrastructure Limited (“SIL”) was awarded a contract for a project whose cost was
` 940 crores. Both GIPL and SIL created Special Purpose Vehicles and then they
entered into two shareholders Agreements. Under these Agreements, GIPL and
SIL will have to make investments in the Special Purpose Vehicles created by each
other, in such a manner that each of them will hold 49% equity interest in the other’s
project.
It means that GIPL could have acquired 49% equity interest in the project worth
` 940 crores and SIL would have acquired 49% equity interest in a project worth
` 1,648 crore.
In arithmetical terms, the acquisition by GIPL, of an equity interest in SIL’s project

was worth ` 460 crores approximately. Similarly, the acquisition by SIL, of the equity
interest in GIPL’s project was worth ` 807.52 crores. Therefore, the cancellation of the
shareholders Agreements resulted in GIPL gaining very hugely in terms of order book
value. In such circumstances an ordinary man of prudence would expect an increase
in the value of the shares of GIPL and would wait for the market trend to show itself
up, if he actually desired to indulge in insider trading. But the respondent did not wait
for the information about the market trend, after the information became public. The
reason given by him, which is also accepted by the Whole-Time Member (“WTM”) and
the Tribunal is that he had to dispose of his shares as well as certain other properties
for the purpose of honouring a Corporate Debt Restructuring (“CDR”) package. It
is on record that if the CDR package had not gone through successfully, the parent
company of GIPL namely, Gammon India Ltd., could have gone for bankruptcy.
Therefore, the Tribunal was right in thinking that the respondent had no motive or
intention to make undeserved gains by encashing on the unpublished price sensitive
information that he possessed.
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As a matter of fact, the Tribunal found that the closing price of shares rose, after
the disclosure of the information. This shows that the unpublished price sensitive
information was such that it was likely to be more beneficial to the shareholders, after
the disclosure was made. Any person desirous of indulging in insider trading, would
have waited till the information went public, to sell his holdings. The respondent did
not do this, obviously on account of a pressing necessity.
[Excerpted from the judgment delivered by Ramasubramanian, J., in Securities and

Exchange Board of India v. Abhijit Rajan, CA No. 563 of 2020 (hereafter ‘A Rajan’)]
71. In A Rajan, which of the following are essential prerequisites for an insider to fall
within the mischief of “insider trading” under the Securities and Exchange Board
of India (Prohibition of Insider Trading) Regulations, 1992 (the “Insider Trading
Regulations”)?
(a) Lack of access to price sensitive information
(b) A profit motive
(c) Mens rea
(d) Abstaining from dealing in securities of a company about which the insider has
price sensitive information
72. Which of the following are the key facts in A Rajan?

(a) The respondent sold the shares of the company about which he had unpublished
price sensitive information (“UPSI”) after the rise in price of the shares
consequential to the disclosure of the UPSI.
(b) The respondent did not possess any UPSI about the company whose shares he
sold.
(c) The respondent sold the shares of the company about which he had UPSI before
the rise in price of the shares consequential to the disclosure of the UPSI in his
possession.
(d) The response did not sell any shares of the company about which he had
UPSI.
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73. Based on the passage, what is ‘insider trading’ under the Insider Trading
Regulations?
(a) Dealing in the securities of a company about which one does not have UPSI,
without any desire to make a profit.
(b) Dealing in the securities of a company about which one has UPSI, without any
desire to make a profit.
(c) Dealing in the securities of a company about which one does not have UPSI,
with the desire to make a profit.
(d) Dealing in the securities of a company about which one has UPSI, with the
desire to make a profit.
74. Based on the passage, what was the impact of the cancellation of the shareholders’
agreements between SIL and GIPL?
(a) There was a decrease in the closing prices of the shares after this information
was disclosed.
(b) There was an increase in the closing prices of the shares after this information
was disclosed.
(c) There was no change in the closing prices of the shares after this information
was disclosed.
(d) The company’s securities were delisted from the stock exchange.
75. Which of the following approaches has been adopted in several jurisdictions,
including India, to determine cases of insider trading?
(a) Parity of information (b) Lifting the corporate veil
(c) Indoor management (d) Constructive notice
76. What reason did A Rajan give for selling his shares in the company about which
he had UPSI?
(a) He expected a huge rise in the share price of GIPL upon the disclosure of the
UPSI in his possession.
(b) It was a compulsory requirement under the shareholders’ agreement
with SIL.
(c) He needed funds to buy the securities of SIL.
(d) He needed funds to honour a CDR package.
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77. Which of the following did the court in A Rajan say was clarified in SEBI v.
Kanaiyalal Baldevbhai Patel, (2017) 15 SCC 1, as regards the SEBI (Prohibition of
Fraudulent and Unfair Trade Practices relating to Securities Market) Regulations,
2003 (the “FUTP Regulations”)?
(a) That mens rea is an indispensable requirement to attract the rigour of the
FUTP Regulations
(b) That mens rea is not an indispensable requirement to attract the rigour of the
FUTP Regulations
(c) That mens rea is not an indispensable requirement to attract the rigour of the
Insider Trading Regulations
(d) That mens rea is an indispensable requirement to attract the rigour of the
Insider Trading Regulations
78. The Insider Trading Regulations are no longer in force. Which of the following is
the current set of regulations governing insider trading in India?
(a) The FUTP Regulations
(b) The SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018
(c) The SEBI (Prohibition of Insider Trading) Regulations, 2015
(d) The SEBI (Listing Obligations and Disclosure Requirements) Regulations
2015
79. What did A Rajan hold regarding the information related to the termination of the
shareholders’ agreements between GIPL and SIL?
(a) It was not in the respondent’s possession
(b) It had no impact on the closing price of GIPL’s shares
(c) It was not price sensitive information
(d) It was price sensitive information
80. In A Rajan, the court opined that a person who wanted to indulge in insider trading
would have:
(a) Held on to the shares, and only sold them after the news about the termination
of the shareholders’ agreements with SIL was made public.
(b) Sold the shares before the news about the termination of the shareholders’
agreements with SIL was made public.
(c) Held on to the shares and not sold them under any circumstances
whatsoever.
(d) Never have bought GIPL’s shares in the first place.
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IX. The Russian Federation’s specific claims alleging genocide, and invoking that alleged
genocide as the basis for military action against Ukraine, include:
a. On 21 February 2022, the President of the Russian Federation stated in an
official address that there was a “genocide” occurring in Ukraine, “which almost
4 million people are facing.”…
c. The President of the Russian Federation then announced a “special military
operation” and stated that “[t]he purpose of this operation is to protect people
who, for eight years now, have been facing humiliation and genocide perpetrated
by the Kiev regime.”…
f. In an interview on 25 February 2022, the Russian Ambassador to the European
Union was asked about President Putin’s reference to genocide as justification
for Russia’s unlawful acts against Ukraine and said “[w]e can turn to the official
term of genocide as coined in international law. If you read the definition it fits
pretty well.”
Ukraine has emphatically denied that any act of genocide has occurred in the Luhansk
and Donetsk oblasts or elsewhere in Ukraine, and that Russia has any lawful basis
whatsoever to take action in and against Ukraine for the purpose of preventing and
punishing genocide…
…Therefore, the parties’ dispute over first, the existence of acts of genocide, and
second, Russia’s claim to legal authority to take military action in and against
Ukraine to punish and prevent such alleged genocide, is a dispute that concerns the
interpretation, application or fulfilment of the [1] Convention. Accordingly, the Court
should recognize its jurisdiction on a prima facie basis for purposes of indicating
provisional measures.
[Excerpted from: Request for the Indication of Provisional Measures Submitted by
Ukraine, February 26, 2022, in Allegations of Genocide under the Convention on the
Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation),
International Court of Justice]
81. Ukraine filed the application excerpted above concerning “a dispute . . . relating
to the interpretation, application and fulfilment of ” an international convention
(the “Convention”), whose name has been replaced with ‘[1]’ in the excerpt above.
What is the full name of the Convention?
(a) Convention on the Elimination of All Forms of Discrimination against Women,
1979
(b) Convention on the Prevention and Punishment of the Crime of Genocide, 1948
(c) International Covenant on Civil and Political Rights, 1966
(d) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, 1984
31 M
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82. Article IX of the Convention provides that disputes between Contracting Parties
relating to the interpretation, application or fulfilment of the Convention, shall be
submitted to the International Court of Justice (the “ICJ”) at the request of:
(a) The United Nations High Commissioner for Refugees
(b) Any State not party to the dispute
(c) The Secretary-General of the United Nations
(d) Any of the parties to the dispute
83. Article II of the Convention defines ‘genocide’ to mean certain acts, “committed
with intent to destroy, in whole or in part, a national, ethnical, racial or religious
group”. Which of the following is not included in the list of such acts under Article II
of the Convention?
(A) Killing members of the group
(B) Promoting the cultural activities of the group
(C) Imposing measures intended to prevent births within the group
(D) Forcibly transferring children of the group to another group
84. The ICJ held hearings for provisional measures in response to Ukraine’s application
excerpted above on March 7, 2022. Which of the following did the Russian Federation
do in relation to these hearings?
(A) It appeared before the ICJ, and also submitted written pleadings objecting to
the ICJ’s jurisdiction over the matter
(B) It chose not to appear before the ICJ, and did not submit any written pleadings
either
(C) It chose not to appear before the ICJ, and submitted written pleadings objecting
to the ICJ’s jurisdiction over the matter
(D) It appeared before the ICJ, but chose not to submit any written pleadings
85. Which of the following relates to the conditions under which States may resort to
war or the use of armed force in general?
(A) Jus gentium (B) Jus ad bellum
(C) Jus in bello (D) Jus cogens
86. Who among the following is the author of the work Mare Liberium, and is also
often called the ‘Father’ of modern international law?
(A) Jeremy Bentham (B) Baruch Spinoza
(C) Hugo Grotius (D) Mohamed ElBaradei
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87. Article 38(1) of the Statute of the International Court of Justice recognises certain
sources of law that it must apply in deciding disputes submitted to it. Which of the
following is or are included under Article 38(1)?
(A) International conventions, whether general or particular, establishing rules
expressly recognised by the contesting states
(B) International custom, as evidence of a general practice accepted as law
(C) The general principles of law recognized by civilized nations
(D) All the above
88. Article 38(2) of the Statute of the International Court of Justice provides that Article
38 “shall not prejudice the power of the Court to decide a case ex aequo et bono,
if the parties agree thereto”. Which of the following is the meaning of the phrase
ex aequo et bono?
(A) The thing speaks for itself (B) According to the right and good
(C) By that very fact or act (D) Towards all
89. Which among the following was established by the General Assembly of the United
Nations in 1947, to undertake the mandate of the Assembly, under article 13(1)(a)
of the Charter of the United Nations to “initiate studies and make recommendations
for the purpose of ... encouraging the progressive development of international law
and its codification”?
(A) The International Law Commission (B) The International Court of Justice
(C) The International Criminal Court (D) The World Trade Organisation
90. Who among the following first coined the term ‘genocide’?
(A) Hersch Lauterpacht (B) Judge Radhabinod Pal
(C) Raphael Lemkin (D) Mirjan Damaška
X. Food Corporation of India (“FCI” or “Corporation”), the Appellant herein, procures

and distributes foodgrains across the length and breadth of the country as a part
of its statutory duties. In the process, it enters into many contracts with transport
contractors. In one such contract, the subject matter of present appeals, the Corporation
empowered itself (under clause XII (a)) to recover damages, losses, charges, costs and
other expenses suffered due to the contractors’ negligence from the sums payable to
them. The short question arising for consideration is whether the demurrages imposed
on the Corporation by the Railways can be, in turn, recovered by the Corporation from
the contractors as “charges” recoverable under clause XII (a) of the contract. In other
words, does contractors’ liability for “charges”, if any, include demurrages?
33 M
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“XII [Road Transport Contract]. Recovery of losses suffered by the Corporation (a)
The Corporation shall be at liberty to reimburse themselves for any damages, losses,
charges, costs or expenses suffered or incurred by them, or any amount payable by the
Contractor as Liquidated Damages as provided in Clauses X above….”
Interpretation of contracts concerns the discernment of the true and correct intention
of the parties to it. Words and expressions used in the contract are principal tools to
ascertain such intention. While interpreting the words, courts look at the expressions
falling for interpretation in the context of other provisions of the contract and also
in the context of the contract as a whole. These are intrinsic tools for interpreting a
contract. As a principle of interpretation, courts do not resort to materials external to
the contract for construing the intention of the parties. There are, however, certain
exceptions to the rule excluding reference or reliance on external sources to interpret
a contract. One such exception is in the case of a latent ambiguity, which cannot be
resolved without reference to extrinsic evidence. Latent ambiguity exists when words
in a contract appear to be free from ambiguity; however, when they are sought to be
applied to a particular context or question, they are amenable to multiple outcomes….”.
It observed that “….Extrinsic evidence, in cases of latent ambiguity, is admissible
both to ascertain where necessary, the meaning of the words used, and to identify the
objects to which they are to be applied.
The Corporation in the present contract has chosen not to include the power to
recover demurrages and as such the expression “charges” cannot be interpreted to
include demurrages. Demurrage is undoubtedly a charge, however, such a textual
understanding would not help us decipher the true and correct intention of the parties
to the present contract”. After examining the contract in its entirety, including its nature
and scope, the Court concluded that the contractors’ liability in the present contract
was clearly distinguishable from other contracts entered into by the Corporation in
2010 and 2018, which included loading and unloading of foodgrains from the railway
wagons within the scope of contractors’ duties, thereby necessitating the inclusion of
demurrages as a penalty for non-performance of contractual duties.
[Extracted from: Food Corporation of India v. Abhijit Paul, (CA 8572-8573/2022).
Judgment of Justices A.S. Bopanna and P.S. Narasimha, 18 November 2022]
91. According to the Court, how was this Road Transport Contract different from FCI’s
earlier contracts with transport contractors?
(A) FCI’s earlier contracts had expired
(B) The present contract did not include loading and unloading of foodgrains from
the railway wagons within the scope of contractor’s duties
(C) Earlier contracts were executed by FCI with contractors who were both handlers
and transporters
(D) Earlier contracts were not validly executed
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92. What is the extrinsic evidence that the Court used?

(A) Work order under the Road Transport Contract
(B) FCI’s Handling and Transport Contracts of 2010 and 2018
(C) Tender documents filed by the contractors
(D) FCI’s Handbook on Movement Operations
93. The Court referred to Union of India v. Raman Iron Foundry (1974), to explain that
contractual terms cannot be interpreted in isolation, following strict etymological
rules or be guided by popular connotation of terms, at variance with the contractual
context. This principle of interpretation of contracts is known as
(A) Ejusdem generis (B) Mischief rule
(C) Literal rule (D) Rule of contextual interpretation
94. In Clause XII (Road Transport Contract), discussed in the extract above, the FCI
may reimburse itself for damages etc., as Liquidated Damages. What does the term
‘liquidated damages’ mean?
(A) Stipulated amount payable on breach of contract
(B) Amount payable for actual damage caused due to breach
(C) Amount intended to secure performance of contract
(D) Damages payable for breach, where the exact amount is not pre-agreed
95. The High Court had held that the Corporation was only entitled to recover losses
that were incurred due to the contractor’s dereliction of duties under Section 73 of
the Indian Contract Act, 1872. What does Section 73 provide for?
(A) Obligation of parties to perform their promise
(B) Compensation for breach of contract where penalty stipulated for
(C) Compensation for loss or damage caused by breach of contract
(D) Effect of refusal of party to perform promise wholly
96. The Court used the expression “Ex praecedentibus et consequentibus optima fit
interpretatio”. What does this mean?
(A) Of the same kind
(B) The best interpretation is made from the context
(C) An exception proves the rule
(D) No action arises on an immoral contract
97. In the case excerpted above, the Court used the following as an internal aid to
interpret the contract:
(A) Schedule (B) Title
(C) Words and expressions (D) Proviso
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98. What was the latent ambiguity in the contract discussed in the case excerpted
above?
(A) if the parties had capacity to perform the contract
(B) if the parties intended to execute the contract
(C) whether the term “charges” was exclusive of liability for demurrages
(D) whether the Corporation can recover charges under the contract
99. What does the term ‘latent ambiguity’ mean?

(A) A glaring ambiguity, obvious from the face of the contract
(B) A contractual term is reasonably, but not obviously, susceptible to more than
one interpretation
(C) A contractual term written in plain language and clearly understood
(D) A contractual term that is illegal and against the public good
100. Which one of the following cases is a key precedent on contextual interpretation
of contracts?
(A) Louisa Carlill v. Carbolic Smoke Ball Company, [1892]
(B) Dunlop Pneumatic Tyre Co. Ltd. v. New Garage & Motor Co. Ltd., [1914]
(C) Investors Compensation Scheme Limited v. West Bromwich Building Society,
[1997]
(D) Home Office v. Dorset Yacht Co. Ltd., [1970]
XI. The Plaintiff is a world-renowned company, carrying on business in the field of sealants
and adhesives, construction and paint chemicals, art materials, industrial adhesives,
industrial and textile resins and organic pigments and preparations since at least
1969. The mark M-SEAL was conceived and adopted by the Plaintiff’s predecessors
in title… in or about the year 1968, and has been continuously, extensively and in an
uninterrupted manner used since then.
The said mark and the artistic representation thereof have been acquired by the
Plaintiff pursuant to agreement dated 27 March 2000, together with the goodwill
thereof and the Plaintiff is the registered proprietor of the mark M-SEAL and/or marks
consisting of M-SEAL as one of its leading, essential and distinctive features.
Plaintiff’s earliest trade mark registration bearing no. 282168 [is] in respect of the
mark M-SEAL, dated 16th August 1972, claiming use from 1st December 1968… The
registrations are valid and subsisting and the entries appearing on the register of
trade marks including the dates of use thus constitute prima facie evidence of such
facts.
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It is stated that the Plaintiff's M-SEAL registration bearing No. […] contains a
disclaimer with regard to the word PHATAPHAT, however the mark as a whole is
registered and to that extent all features taken as a whole stand protected by the
registration. Further, it is stated that registration bearing no. […] contains a disclaimer
with regard to the word SEAL and the registrations bearing nos. […] have a condition
imposed on it viz “Registration of this trade mark shall give no right to the exclusive
use of all other descriptive matters appearing on the label”. However, the Plaintiff
states that these conditions do not limit the rights of the Plaintiff including for reasons
set out hereinafter and in any event the rest of the M-SEAL registrations have no
conditions/limitations.
The unique and distinctive artistic representation of M-SEAL i.e., (including in
particular the unique line below the mark which is an extension from the first letter
of the mark) as well as the M-SEAL Labels are original artistic works in respect of
which copyrights subsist and such copyrights are owned by the Plaintiff.
The Plaintiff states that in or about December 2020, the Plaintiff was shocked and
surprised to come across sealant products of the Defendant being sold under the mark
R-SEAL, which mark is deceptively similar to the Plaintiff’s registered trade mark
M-SEAL... The said product of the Defendant is identical to the M-SEAL product of
the Plaintiff and the Defendant’s product also bears an impugned packaging/labels/
trade dress which is a reproduction of and/or in appearance, almost identical or
deceptively similar to the M-SEAL products of the Plaintiff, and the M-SEAL Labels…
The impugned products of the Defendant also bear the impugned identification mark
JHAT-PAT that is deceptively similar to the Plaintiff’s identification mark
PHATAPHAT.
In comparing rival marks / labels to consider whether they are similar, the Supreme
Court in Cadilla Healthcare Limited v. Cadilla Pharmaceuticals Limited, 2001 (2) PTC
541 SC10 lays down that attention and stress is to be given to the common features
in the two rather than on differences in essential features.
[Source: Pidilite Industries Limited v. Riya Chemy 1-IA (L) 15502 of 2021 in
Comm. IP. Su. 147 of 2022. Decision of Justice R. I. Chagla of the Bombay High Court,
11 November, 2022]
101. The main complaint against the Defendant in the case excerpted above is that their
mark is “______” to the Plaintiff’s registered trademarks.
(A) reasonably close in expression (B) same as
(C) different from (D) deceptively similar
102. In order to prove infringement of copyright here, the Defendant’s work:

(A) should be the exact reproduction of the Plaintiff's work/label
(B) looks similar to or like a copy or is reproduction of substantial part of the
Plaintiff's work
(C) bears no resemblance to the Plaintiff's work/label
(D) should be created only by the Defendant or its authorised agents
37 M
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103. Which one of the following is not part of the Plaintiff’s claim for infringement in
this case?
(A) trademark (B) tagline (C) patent (D) trade dress
104. What is the test of prior use of trademark?

(A) open, continuous, extensive, uninterrupted use and promotion for a long
time
(B) owner waives rights over trademark and permits subsequent use of the
mark
(C) reasonable parody, comment of a registered trademark
(D) use of trademark in good faith mainly for a descriptive purpose
105. Section 29 of the Trademarks Act, 1999, applicable in this case, considers which
of the following as an infringement of a trademark?
(A) Misrepresentation of ownership of a trademark
(B) Infringement of an unregistered trademark
(C) Interference with exclusive right to use a registered trade mark
(D) Infringement of a registered trademark by use of an identical or deceptively
similar trademark in relation to identical or similar goods
106. Use of a trademark violates exclusive rights of the prior user or proprietor when:
(A) usage has introduced differences or changes in the work
(B) usage is likely to cause confusion and deception amongst members of the trade
and public
(C) usage of the work is authorised by the user or proprietor
(D) the trademark enjoys goodwill
107. Dilution of a brand by the Defendant would result in commission of which of the
following?
(A) a civil wrong (B) not actionable per se
(C) a criminal wrong (D) violates fundamental rights
108. What is the defence of acquiescence?

(A) no confusion or difference in essential features of the trademark
(B) waiver of right over trademark and permission for use of the mark
(C) invalidity of the registered trademark
(D) use of the trademark in good faith
M 38
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109. Which decision established the three elements of passing off, otherwise known as
the “Classical Trinity”?
(A) Academy of Motion Picture Arts v. GoDaddy.Com, Inc., (2015)
(B) Yahoo! Inc. v. Akash Arora and Another, (1999)
(C) Reckitt & Colman Products Ltd. v. Borden Inc., (1990)
(D) Coca-Cola Company v. Bisleri International Pvt. Ltd., (2009)
110. Which of these is not, in itself, a defence to infringement of a registered

trademark?
(A) honest and concurrent use (B) acquiescence
(C) prior adoption and use (D) fair use
XII. The philosophy of Corporate Social Responsibility (“CSR”) has had a long-standing
history in India. India is one of the first countries in the world to create a legal
framework on CSR and statutorily mandate companies to report on the same. It
emanates from the Gandhian principles of trusteeship and giving back to the society.
The intent of the law is to mainstream the practice of business involvement in CSR
and make it socially, economically and environmentally responsible.
The Companies Act, 2013 (the ‘Act’) mandates companies meeting a certain minimum
threshold in terms of turnover/net worth/net profit to undertake CSR activities as per
Schedule VII of the Act. Schedule VII specifies the areas or subjects to be undertaken
by the company as CSR activities. These areas broadly align with national priorities
and relate to sustainable and inclusive development. The Act does not recognise
any expenditure on areas/activities outside of Schedule VII as CSR expenditure.
Companies (CSR Policy) Rules, 2014 prescribes the operational framework and
manner in which companies should comply with CSR provisions under the Act. The
mode of implementation of CSR activities, content of CSR policy, impact assessment,
reporting requirements and disclosure for CSR are covered under these Rules. The
CSR architecture is disclosure-based and CSR-mandated companies are required to
file details of CSR activities annually in the MCA-21 registry in e-form AOC-4.
A High-Level Committee set up in 2018 to review the CSR framework recommended
that Schedule VII of the Act be mapped with Sustainable Development Goals (‘SDGs’).
The Committee noted that companies need to balance CSR spending between local
area/areas around where it operates, and less developed regions such as aspirational
districts.
The Government of India launched the ‘Transformation of Aspirational Districts’
programme (‘ADP’) in January 2018 with the aim to improve [the] socio-economic
status of the least developed regions across India. The programme is based on five
socio-economic themes such as – Health & Nutrition, Education, Agriculture and
Water Resources, Financial Inclusion and Skill Development and improvement of
basic infrastructure… As on date, 112 aspirational districts are recognised by the
Government wherein Jharkhand has the highest number of aspirational districts
39 M
PG
i.e., 19 followed by Bihar (13), Odisha and Chhattisgarh (10 each). The Government
has been taking various initiatives to encourage CSR in aspirational districts and to
remove regional disparities.
[Source: Ministry of Corporate Affairs, Government of India “Compendium on Corporate
Social Responsibility in India” (2021)]
111. Which of the following criteria should a company satisfy during the immediately
preceding financial year to qualify for CSR under the Companies Act, 2013?
(A) Net profit of ` 5 crores or more (B) Net profit of ` 1,000 crores or more
(C) Turnover of ` 5,000 crores or more (D) Net worth of ` 5,000 crores or more
112. What is the minimum spending obligation on CSR activities for a company under
Section 135 of the Companies Act, 2013?
(A) 5% of the average net worth of the company of the preceding three financial
years
(B) 2% of average net profits of the company made during the three immediately
preceding financial years
(C) 7% of the average turnover of the company of the previous financial year
(D) 5% of the average net profits of the company made during the preceding financial
year
113. Company A is incorporated in FY 2020-21, Company B is incorporated in FY 2019-20,

and Company C is incorporated in FY 2018-19. Which company is covered under
Section 135(1) of the Companies Act, 2013 for CSR in FY 2020-21?
(A) Company A (B) Company B (C) Company C (D) All the above
114. Which of these activities is not specified in Schedule VII of the Companies
Act, 2013?
(A) promoting education and employment enhancing vocation skills
(B) eradicating hunger, poverty and malnutrition
(C) rural development projects
(D) maintenance of law and order
115. CSR policy is based on which of the following principles?

(A) trusteeship and giving back to society
(B) utmost good faith
(C) leveraging India’s managerial, technological and innovative skills
(D) promoting greater protection for the environment
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116. Which of the following falls within the scope of the Companies (CSR Policy) Rules,
2014?
(A) determination of the amount of expenditure to be incurred by companies on
CSR activities
(B) reporting on the amount remaining unspent by the Company for CSR activities
with detailed reasons for failing to spend the amount
(C) impact assessment and disclosure requirements for CSR
(D) detailing the company’s sponsorship activities for deriving marketing benefits
for its products or services
117. The chief objective of the Government’s aspirational district programme is to:
(A) ensure access to financial services like banking, remittance, credit, insurance,
pension in an affordable manner
(B) promote entrepreneurship in India in manufacturing and other sectors
(C) improve India’s ranking in the Human Development Index
(D) facilitate easy access to credit facilities for people belonging to vulnerable
populations
118. Which one of the following comes within the scope of the ADP?
(A) Labour Welfare (B) Skill Development
(C) Maternity Benefits (D) Urban Employment
119. Which Indian State has the highest number of ‘aspirational districts’?
(A) Jharkhand (B) West Bengal (C) Karnataka (D) Bihar
120. The High-Level Committee reviewing the CSR framework in 2018 recommended
that:
(A) a national CSR data portal be set up to monitor the progress of implementation
of CSR policies by companies
(B) spending of CSR funds on Covid-19 related activities be considered as an
eligible CSR activity
(C) CSR implementing agencies should mandatorily register with the central
government
(D) companies should balance CSR spending between local areas and the less
developed regions of the country
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Space for Rough Work
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43 M
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M 44
CONSORTIUM OF NATIONAL LAW UNIVERSITIES
Reg.No:DRB1/SOR/707/2018-2019.
NATIONAL LAW SCHOOL OF INDIA UNIVERSITY
Post Bag No.7201, Nagarbhavi, Bengaluru-560072 Karnataka, India
APPENDIX IV: PROVISIONAL ANSWER KEY: CLAT 2023 - POSTGRADUATE
(Question Numbers as per Master Question Booklet)
Q. No. Correct Q. No. Correct Q. No. Correct

Answer Answer Answer
(Option) (Option) (Option)
1 B 41 D 81 B
2 A 42 A 82 D
3 B 43 C 83 B
4 B 44 B 84 C
5 B 45 C 85 B
6 D 46 A 86 C
7 C 47 B 87 D
8 C 48 A 88 B
9 C 49 B 89 A
10 B 50 D 90 C
11 D 51 A 91 B
12 B 52 D 92 B
13 D 53 A 93 D
14 C 54 B 94 A
15 A 55 C 95 C
16 A 56 C 96 B
17 B 57 B 97 C
18 B 58 D 98 C
19 D 59 B 99 B
20 A 60 D 100 C
21 C 61 C 101 D
22 B 62 B 102 B
23 D 63 A 103 C
24 C 64 D 104 A
25 D 65 D 105 D
26 A 66 A 106 B
27 C 67 C 107 A
28 D 68 B 108 B
29 A 69 A 109 C
30 D 70 D 110 A
31 D 71 C 111 A
32 C 72 C 112 B
33 C 73 D 113 C
34 D 74 B 114 D
35 A 75 A 115 A
36 D 76 D 116 C
37 D 77 B 117 C
38 B 78 C 118 B
39 C 79 D 119 A
40 A 80 A 120 D
KKKKKKKKKKKKKKKKKKKKKKK
KKKKKKKKKKKKKKKKKKKKKKKKKKKKKKK
KKKKKKKKKKKKKKKKKKKKKKKKKKKKKKK
PG 2022
Booklet sl. no.

consortium of national law universities
common law admission test-2022
ll.m. Programme
Admit CArd Number
(in Figures)
instructions to candidates
(this booklet contains 36 pages of Question Paper including 3 blank pages for rough work.)
duration of test : 2 Hours (120 minutes) maximum marks : 120
1. Separate carbonised Optical mark reader 10. use Black/Blue Ball Point Pen only for
(Omr) response Sheet is supplied along with writing the roll No. and other details on Omr
this Question booklet and the carbon copy has response Sheet.
to be detached and taken by the candidates.
11. use Black/Blue Ball Point Pen for
2. in case of any discrepancy in the question shading the circles. indicate only the most
booklet (Qb), please request the invigilator appropriate answer by shading from the
for replacement of a fresh packet of Qb with options provided. the answer circle should be
m
Omr. do not use the previous Omr response shaded completely without leaving any space.
Sheet for a fresh booklet so obtained.
12. As the responses cannot be modi ed/corrected
3. Candidates will not be given a second blank on the Omr response Sheet, candidates have
Omr response Sheet under any circumstance. to take necessary precautions before marking
Hence, Omr response Sheet shall be handled the appropriate circle.
carefully.
13. the candidate should retain the Admit Card
4. Answer all questions. No clari cation can be
duly Signed by the invigilator, as the same has
sought on the Question Paper.
to be produced at the time of Admission.
5. Possession of electronic devices in any form
14. Handle the Omr response Sheet with care. do
is Strictly prohibited in the examination Hall.
not fold.
6. the use of any unfair means by any candidate
shall result in the cancellation of his/her 15. ensure that invigilator puts his/her signature
examination. in the space provided on the Omr response
Sheet. Candidate should sign in the space
7. impersonation is an offense and the candidate,
provided on the Omr response Sheet.
apart from disquali cation, will be liable to be
prosecuted. 16. the candidate should write Question Paper
booklet No., and Omr response Sheet No.,
8. the test Paper for Post Graduate (LL.m.)
and sign in the space/column provided in the
Programme is for 120 marks containing
attendance sheet.
120 multiple Choice Questions.
17. return the OriGiNAL Page of Omr response
9. there will be Negative marking for multiple
choice objective type questions. 0.25 marks Sheet to the invigilator after the examination.
will be deducted for every wrong answer or 18. the candidate shall not write anything on the
where candidates have marked more than one Omr response Sheet other than the details
response. required and in the spaces provided for.
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i. both lawmen and laymen often ask, ‘What is the law applicable to a given set of facts?’ the
answers to this question differ depending upon the speci c jurisdiction to which the given set
of facts is linked. Contrary to this, scholars and students of jurisprudence are likely to ask
the general question, viz ‘What is Law?’. this question on the philosophy and nature of law
supposes that law is a distinctive social-political phenomenon with universal characteristics
that can be perceived through philosophical analysis. in such a study, the assumption is that
law possesses some universal characteristics.
An analysis of the philosophy of law can be done for different reasons. Apart from a purely
intellectual interest in understanding this complex phenomenon known as law, scholars
also study the same as a normative social practice that purports to guide human behaviour,
giving rise to reasons for action. the primary challenge of the branch of scholarship known
as jurisprudence is based on this ‘normative, reason-giving aspect of law’. At the same time,
we must understand that law is not the only normative realm in any given society. it is one
of the many normative standards such as morality, religion, customs and usages, etiquette,
self-regulatory standards within a family or corporation etc. So, it is also essential that we
study law on the differences and similarities of the same with these normative standards.
While discerning these connections and contradictions, legal theories often study the content
of the norm apart from giving importance to the source. Generally, theoretical studies on the
content such as natural lawyers emphasize values such as fairness, justice, liberty etc., as
quali cations for the norms to be called laws. The have argued that laws must be in tune
with certain principles of inner morality, such as that laws be general, public, prospective,
coherent, clear, stable, and practicable are indispensable to law-making. Whereas theories
that give prominence to the sources of the norm, such as enactment/command by political
institution/authority, do not always emphasize on the content.
Such philosophical anal sis of law comprises both e planator and justi cator aspects.
While the explanatory aspect consists of explaining how laws can give rise to reasons and
what kinds of reasons are involved. One e ample of this would be Dworkin s classi cation
of law as concepts, principles and rules. The aspect of justi cation concerns whether people
ought to comply with the law’s demands. in other words, it is the attempt to explain the moral
legitimacy of law and the subjects’ reasons for complying with it.
1. Validity of law resides in the political sovereignty of the maker of that law refers to:
(A) Legal Positivism (b) Natural Law
(C) Historical School (d) Sociological School
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2. A norm cannot become legally valid unless its content is fair and just in accordance
to:
(A) Legal Positivism (b) Natural Law
(C) Historical School (d) Sociological School
3. “The falsehood of legal positivism resides in envisaging that the law consists of only
rules. However, this is a serious mistake since legal principles partly determine the law
in addition to rules. The distinction between rules and principles is a logical one. Rules
apply in an ‘all or nothing fashion.’ If the rule applies to the circumstances, it determines
a particular legal outcome. If it does not apply, it is simply irrelevant to the outcome…..”
according to:
(A) ronald dworkin, taking rights Seriously,1977
(b) John Finnis, Natural Law and Natural rights, 1980.
(C) H.L.A.Hart, the Concept of Law, 1961.
(d) raz, Joseph, Legal Principles and the Limits of Law, 1972.
4. Principles requiring that laws be general, public, prospective, coherent, clear, stable,
and practicable are indispensable to law-making correspond to:
(A) inner morality (b) method of logic
(C) Legitimacy and transparency in law making (d) democratic law making
5. ‘i mean simply that history, in illuminating the past, illuminates the present, and in
illuminating the present, illuminates the future’ opined by:
(A) roscoe Pound (b) benjamin Cardozo
(C) duguit (d) Auguste Comte
6. ‘the life of the law has not been logic: it has been experience’ is stated by:
(A) Holmes (b) dworkin
(C) Cardozo (d) Amartya Sen
ii. A thought-provoking book titled ‘the morality of Law’ by Lon L. Fuller on moral philosophy
insists on a distinction between ‘morality of aspiration’ and ‘morality of duty’. From the view
of the morality of aspiration, the human conduct does not bear on mandatory rules but on
conceptions of the ‘Good Life’, of ‘what beseems a human being functioning at his best to
human capacities’. because no law can compel a man to live up to the excellence of which
he is capable. but for workable standards of judgment, the morality of duty lays down the
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basic rules without which an ordered societ directed towards certain speci c goals must
fail of its mark. because the duty ties it very closely to what is ‘rationally discoverable’ and
‘objective’, as contrasted with the morality of aspiration based on subjectivism. However,
moralists may differ as to what range of conduct should fall within the respective spheres of
duty and the morality of aspirations. “When we are passing a judgment of moral duty, it seems
ab d a ha ch a d can in me a di ec l f m kn ledge f a i a i n
of fact.” As due to the fact that before we conclude ‘that a duty ought to exist’, however well
we may understand the facts, by the close connection between understanding a person’s
ideals, approval and disapproval. does this mean that duties are rationally discoverable, and
a matter of choice, even if not of ‘ineffable preference’? Presumably not, since when we pass
a moral judgment of duty ‘ought’ to exist. it is necessary to distinguish between the accepted
morality of a social group and the personal morality of individuals. ‘duty’ may appear in all of
these, but the satisfaction is very often a matter of degree varying from situation to situation.
the rule of a morality of duty is necessary for social living. the morality of aspiration provides
a general idea of the perfection we ought to acquire it. if we consider the whole range of
moral issues, we may imagine a yardstick which begins at the bottom with the most obvious
demands of social living and extends upward to the highest reaches of human aspirations.
Somewhere along this scale an invisible pointer marks the dividing line where the pressure of
dut leaves off and the challenge of e cellence begins. The whole eld of moral argument is
an undeclared war over the location of this pointer. Whom we regard as being moralistic are
always trying to inch the pointer upward so as to expand the area of duty and they bludgeon
us into a belief that we are duty bound to embrace this pattern of human conduct, instead of
making us realize a pattern of life they consider worthy of human nature.
7. Which of the following statements regarding the ‘morality of aspiration’ is untrue?

(A) the morality of aspiration is based on inevitable rules for ordered social living.
(b) the morality of aspiration impulses towards the perfection and excellence.
(C) the law cannot regulate the morality of aspiration because it is subjective in
nature.
(d) the law cannot compel a man to adhere to the best of his human capabilities.
8. the rules for morality of duty command:

(A) to conduct best to human capacity. (b) to conduct necessary for self-survival.
(C) to conduct equally as others’ conduct. (d) to conduct necessary for social living.
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9. Consider the statements:

(i) the moralistic philosophy always strives to encroach into the area of morality of
aspiration to bring it as duty for the social living.
(ii) the moralistic philosophers compel us to embrace the pattern of human conduct,
instead of making us realize a pattern of life that is worthy of human nature.
Choose the correct answer from the code given below.
(A) both (i) and (ii) are true. (b) both (i) and (ii) are untrue.
(C) (i) is true and (ii) is untrue. (d) (ii) is true and (i) is untrue.
10. Which of the following element is not required for the formation of decision regarding
a moral duty?
(A) rationality (b) Objectivity
(C) Subjectivity (d) Knowledge regarding the circumstances
11. the concept of duty as characterised by Lon L. Fuller seems

(A) dynamic (b) Static (C) Personal (d) Fictional
12. Which of the following statements is not true?

(A) ‘morality of duty’ is non-obligatory.
(b) ‘morality of duty’ is obligatory.
(C) rules of ‘morality of aspiration’ are a challenge to human conduct.
(d) Human excellence is the end of ‘morality of aspiration’.
iii. the present system of appointments as envisaged by the Constitution and as elucidated in
the Collegium s stem makes it clear that the rst step is a recommendation from Collegium of
four senior-most judges and presided over by the Chief Justice. this process in turn requires
wide consultation by the Chief Justice of the High Court to identify the requisite talent, so as
to make the recommendations. Contrary to some portrayed beliefs as if this is an extremely
subjective system, every Chief Justice is actually required to solicit names from different
sources whether it be sitting judges, retired judges, or prominent members of the bar. it is
from this pool of talent that he selects, after a discussion in the collegium, the most suitable
candidates. It is thus of utmost importance that the ow of recommendations continues for
the appointment process to work successfully. the current situation of vacancies, especially
in some of the larger courts with very few recommendations in the pipeline seems to be the
genesis of this problem. the data placed before us, as drawn from the National Judicial data
Grid (NJDG) shows that ve (5) High Courts alone are responsible for 54% of the pendenc of
over 57,51,312 cases i.e., the High Courts of Allahabad, Punjab & Haryana, madras, bombay,
and rajasthan. the madras High Court has among the highest arrears in the country of 5.8 lakh
cases despite having fewer vacancies than most other High Courts (i.e., 7%). This does not
take away from the requirement of appointing ad hoc Judges but supports the view that even
if the existing vacancies are few, a situation may arise requiring the expertise of experienced
Judges to be appointed as ad hoc Judges.
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13. the above excerpt has been taken from which of the following judgments, where the
Supreme Court of india sought to activate a dormant provision of the Constitution of
india for the appointment of ad hoc Judges to deal with the unprecedented backlog of
cases pending before the High Courts ?
(A) devendra Kumar Saxena v. Central bureau of investigation (Cbi), 2021 SCC OnLine
SC 330.
(b) m.K. ranjitsinh v. union of india, 2021 SCC OnLine SC 326.
(C) Lok Prahari through its General Secretary S.N. Shukla, iAS (retd.) v. union of
india, 2021 SCC OnLine SC 333.
(d) Justice V. eswaraiah (retd.) v. union of india, 2021 SCC OnLine SC 310.
14. Which of the following dormant provision of the Constitution of india has been invoked
by the Supreme Court of india for the appointment of ad hoc Judges to deal with the
backlog of cases before the High Courts?
(A) Article 224A (b) Article 217
(C) Article 224 (d) Article 217A
15. in Supreme Court Advocates on Record Association v. Union of India, (2016) 5 SCC 1,
the Supreme Court of india, by a ______ majority, restored the collegium system of
appointment of judges by holding that the National Judicial Appointments Commission
Act, 2014 is ultra vires the Constitution of india.
(A) 3:2 (b) 4:1 (C) 6:1 (d) 4:3
16. in which of the following cases the Supreme Court of india observed that for appointment
of a retired Judge as an ad hoc judge, the consent of such retired Judge is a pre-requisite
for his/her appointment as an ad hoc judge?
(A) Ashok tanwar v. State of Himachal Pradesh, (2005) 2 SCC 104.
(b) Supreme Court Advocates on record Association v. union of india, (2016) 5 SCC 1.
(C) union of india v. Sankal Chand and Himatlal Sheth, (1977) 4 SCC 193.
(d) Krishan Gopal v. Shri Prakash Chandra, (1974) 1 SCC 128.
17. in which of the following reports the Law Commission of india advocated for appointment
of retired judges as ad-hoc judges in the interest of clearing backlogs of cases in the
High Courts?
(A) One Hundred eighty eighth report on proposals for Constitution of Hi-tech
Fast-track Commercial divisions in High Courts (2003).
(b) Fourteenth report on reforms in Judicial Administration (1958).
(C) One twentieth report on manpower Planning in Judiciary: A blueprint (1987).
(d) One Hundred eighteenth report on method of Appointments to Subordinate Courts/
Subordinate Judiciary (1986).
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18. Which of the following statements is true regarding the origin of the Collegium system
for appointment of judges?
(A) Article 124A of the Constitution of india provides for the establishment of the
collegium system.
(b) the Judicial Appointments (Collegium System) Act, 1999 provides for the
establishment of the collegium system.
(C) the Constitution of india does not provide for the establishment of the collegium
system.
(d) the National Judicial Appointments Commission supplements the collegium system
for appointment of judges.
iv. the Supreme Court of india observed that, while appreciating the existence of the right
to peaceful protest against a legislation ……., we have to make it unequivocally clear that
public wa s and public spaces cannot be occupied in such a manner and that too inde nitel .
democracy and dissent go hand in hand, but then the demonstrations expressing dissent must
be in designated places alone. the present case was not even one of protests taking place in
an undesignated area but was a blockage of a public way which caused grave inconvenience
to commuters. We cannot accept the plea of the applicants that an indeterminable number of
people can assemble whenever they choose to protest.
19. Which of the following judgments relating to right to peaceful protest has the above
excerpt been taken from?
(A) m.C. mehta v. union of india, 2020 SCC OnLine SC 648.
(b) Association for democratic reforms v. union of india, 2021 SCC OnLine SC
266.
(C) Anuradha bhasin v. union of india, (2020) 3 SCC 637.
(d) Amit Sahni v. Commissioner of Police, (2020) 10 SCC 439.
20. Which of the following judgments is not related to right to assemble as enshrined under
the Constitution of india?
(A) mazdoor Kisan Shakti Sangathan v. union of india, (2018) 17 SCC 324.
(b) Sampurna behura v. union of india, (2018) 4 SCC 433.
(C) bimal Gurung v. union of india, (2018) 15 SCC 480.
(d) Anita thakur v. State of Jammu and Kashmir, (2016) 15 SCC 525.
21. As per the judgment of In Re Ramlila Maidan Incident, (2012) 5 SCC 1, which of the
following statement is not correct?
(A) right to sleep is not a part of Article 21 of the Constitution of india.
(b) An individual is entitled to sleep as comfortably and as freely as he breathes.
(C) Sleep, is a fundamental and basic requirement without which the existence of life
would be in peril.
(d) State’s compelling interest in regulation of subject was discussed in this case.
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22. Which of the following statement is not correct in relation to right to assemble under
the Constitution of india?
(A) the assembly should be peaceful.
(b) reasonable restrictions stated under Article 19 for right to assemble are sovereignty
and integrity of india or public order, morality.
(C) the assembly should be without arms.
(d) reasonable restrictions on right to assemble are provided in Article 19(3) of the
Constitution of india.
23. the rule prohibiting demonstrations by government servants was discussed in which
of the following judgments?
(A) union of india v. Naveen Jindal, (2004) 2 SCC 510.
(b) ram bahadur rai v. State of bihar, Air 1975 SC 223.
(C) Kameshwar Prasad v. State of bihar, Air 1962 SC 1166.
(d) bennett Coleman & Co. v. union of india, Air 1973 SC 106.
24. Which of the following judges of the Supreme Court of india were part of the bench in
the judgment as given in the excerpt?
(A) Sanjay Kishan Kaul, Aniruddha bose and indira banerjee, JJ.
(b) Aniruddha bose and Krishna murari, JJ.
(C) Sanjay Kishan Kaul, Aniruddha bose and Krishna murari, JJ.
(d) Sanjay Kishan Kaul and Krishna murari, JJ.
v. the Supreme Court of india has held that the rationale of granting maintenance from the date of
application nds its roots in the object of enacting maintenance legislations, so as to enable the
wife to overcome the nancial crunch which occurs on separation from the husband. Financial
constraints of a dependant spouse hamper their capacity to be effectively represented before
the Court. enforcement of the order of maintenance is the most challenging issue, which is
encountered by the applicants. if maintenance is not paid in a timely manner, it defeats the
very object of the social welfare legislation. execution petitions usually remain pending for
months, if not ears, which completel nulli es the object of the law.
25. based on the given excerpt from the judgment, which of the following judgments is
related to enforcement of orders of maintenance and successive claims by parties in
matrimonial proceedings?
(A) Smriti madan Kansagra v. Perry Kansagra, 2020 SCC OnLine SC 1003.
(b) rajnesh v. Neha, (2021) 2 SCC 324.
(C) roshina t. v. Abdul Azeez K.t., (2019) 2 SCC 329.
(d) manju Saxena v. union of india, (2019) 2 SCC 628.
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26. Which of the following reliefs does the Hindu marriage Act, 1955 provide?
(A) maintenance Pendente lite, expenses of proceedings, permanent alimony and
maintenance.
(b) expenses of proceedings, permanent alimony and maintenance.
(C) maintenance Pendente lite, permanent alimony and maintenance.
(d) maintenance Pendente lite, expenses of proceedings, permanent alimony.
27. Which of the following statutes does not contain provisions relating to maintenance?
(A) the Parsi marriage and divorce Act, 1936.
(b) the Special marriage Act, 1954.
(C) the Prohibition of Child marriage Act, 2006.
(d) the muslim Women (Protection of rights on marriage) Act, 2019.
28. Which of the following is not a direction given by Supreme Court of india in the judgement
relating to orders of maintenance and successive claims by parties in matrimonial
proceedings?
(A) Where successive claims for maintenance are made by a party under different
statutes, the Court would consider an adjustment or setoff of the amount awarded
in previous proceedings.
(B) If the order passed in the previous proceeding/s requires an modi cation or variation,
it would be required to be done in the same proceeding.
(C) it is not mandatory for the applicant to disclose the previous proceeding and the
orders passed therein, in the subsequent proceeding.
(D) The af davit of disclosure of assets and liabilities as applicable, shall be led b
both parties in all maintenance proceedings, including pending proceedings before
any other court, as the case may be.
29. Which of the following is not correct as per Section 125 of the Code of Criminal Procedure,
1973?
(A) it provides for maintenance to wife/wives, illegitimate and legitimate children and
parents.
(b) A wife shall not be entitled to receive maintenance as per this provision from her
husband if she is living in adulter , or if, without an suf cient reason, she refuses
to live with her husband, or if they are living separately by mutual consent.
(C) A magistrate has been given wide powers under this provision.
(d) As per the explanation under this provision, wife does not include a woman who
has been divorced by, or has obtained a divorce from, her husband but includes a
woman who has remarried.
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30. Which of the following is correct about the Hindu Adoptions and maintenance Act,
1956?
(A) it is a special legislation which was enacted to provide for maintenance to wife
during the subsistence of the marriage.
(b) the Supreme Court of india considered the interplay between the claim for
maintenance under the Hindu marriage Act, 1955 and Hindu Adoptions and
maintenance Act, 1956 in Chand Dhawan v. Jawaharlal Dhawan, (1993) 3 SCC 406.
(C) Section 18 of the Act provides that a Hindu wife shall be entitled to be maintained
by her husband during her lifetime.
(d) As per Section 18 of the Act, a Hindu wife is not entitled to make a claim for a
separate residence from her husband, without forfeiting her right to maintenance.
vi. the Supreme Court of india has held that the nature of inquiry before the Family Court is,
indeed, adjudicatory. it is obliged to resolve the rival claims of the parties and while doing so,
it must adhere to the norms prescribed by the statute in that regard and also the foundational
principle of fairness of procedure and natural justice. these provisions plainly reveal that the
Family Court is expected to follow procedure known to law, which means insist for a formal
pleading to be led b both sides, then frame the issues for determination, record the evidence
of the parties to prove the facts asserted by the concerned party and only thereafter, to enter
upon determination and render decision thereon by recording the reasons for such decision.
For doing this, the Family Court is expected to give notice to the respective parties and provide
them suf cient time and opportunit to present their claim in the form of pleadings and evidence
before determination of the dispute.
31. Which of the following is not correct about the Family Courts Act, 1984?
(A) the Act intends to promote conciliation and secure speedy settlement of
disputes.
(b) the appointment of counsellors in family courts is determined by the State
Government in consultation with the High Court.
(C) the duty of the Family Court is to arrive at a settlement between the parties where
it is possible and consistent with the nature and circumstances of the case.
(d) A person can be appointed as a judge of the Family Court after the attainment of
sixty-two years of age.
32. based on the given excerpt, which of the following judgments is related to the working
of Family Courts?
(A) Sanjiv Prakash v. Seema Kukreja, 2021 SCC OnLine SC 282.
(b) Khushi ram v. Nawal Singh, 2021 SCC OnLine SC 128.
(C) Aman Lohia v. Kiran Lohia, 2021 SCC OnLine SC 224.
(d) Gurmeet Pal Singh v. State of Punjab,(2018) 7 SCC 260.
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33. based on the given excerpt, which of the following was held by the Supreme Court of
india in relation to the Family Courts?
(A) Non-compliance of the prescribed mandatory procedure and infraction of principles
of natural justice is not a technical irregularity which can be overlooked by family
courts.
(b) in divorce proceedings, it is the duty of family courts to mandatorily conduct mediation
between the parties.
(C) Non-compliance of the prescribed mandatory procedure and infraction of principles
of natural justice is a technical irregularity which can be overlooked by family
courts.
(d) Family Courts ought not to examine matters after giving due opportunity to both
sides on their own merits and in accordance with law.
34. the Family Court must adhere to the norms prescribed by the statute with regard to
the adjudication of matrimonial disputes, and also to the:
(A) Convenience of the court.
(b) Fair procedure and natural justice.
(C) international conventions.
(d) Convenience of the parties.
35. Which of the following is not correct about the nature of proceedings conducted in the
Family Court?
(A) the proceedings must always be held in camera.
(b) the Act provides that if the Family Court considers it necessary in the interest of
justice, it may seek the assistance of a legal expert as amicus curiae.
(C) the proceedings may be held in camera depending on the desire of court and the
party concerned.
(d) Family Court may secure the services of a medical expert if required.
36. the Family Courts Act, 1984 does not apply to which of the following matters?
(A) divorce under Hindu Law.
(b) Nikah as per muslim Personal Law.
(C) marriage under Special marriage Act, 1954.
(d) Adoption under Hindu Law.
vii. the Supreme Court of india, in South East Asia Marine Engineering & Constructions Ltd.
(SEAMEC LTD.) v. Oil India Ltd.,(2020) 5 SCC 164, noted that, under the indian contract law,
the consequences of a force majeure event are provided for under Section 56 of the indian
Contract Act, 1872 which deals with a contract to do an Act which, after the contract is made,
becomes impossible, or, by reason of some event which the promisor could not prevent,
unlawful, becomes void when the Act becomes impossible or unlawful. When the parties have
not provided for what would take place when an event which renders the performance of the
contract impossible, then Section 56 applies. When the Act contracted for becomes impossible,
then under Section 56, the parties are exempted from further performance and the contract
becomes void. the Court has further held that in Section 56, the word ‘impossible’ is to be
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taken in its practical and not literal sense. it must be borne in mind, however, that Section 56
lays down a rule of positive law and does not leave the matter to be determined according to
the intention of the parties. However, there is no doubt that the parties may instead choose
the consequences that would ow on the happening of an uncertain future event, under Section 32
of the indian Contract Act, 1872.
37. mr. X agrees with mr. Y to discover by magic, a treasure supposed to be buried within
certain limits at an unknown spot. mr. X found the treasure subsequently.Consider the
given facts and answer which of the following statement is correct?
(A) Law can regard a promise to do something obviousl impossible as signi cant.
(b) Such promises are based on legal considerations.
(C) Law cannot regard a promise to do something obviously impossible to be of any
value.
(d) the agreement is valid and binding.
38. Which of the following is correct regarding the doctrine of Frustration of Contract?
(A) it leaves the contract to be determined in accordance with the intention of the
parties.
(b) it is based on the subsequent impossibility of the agreement which is frustrated by
the intrusion or occurrence of an unexpected event which is within the contemplation
by the parties.
(C) it does not necessarily make the contract impossible of performance.
(d) in case of change of circumstances which is so fundamental as to be regarded by
law as striking at the root of the contract, court cannot pronounce the contract to
be frustrated.
39. Consider the meaning of ‘impossibility’ from the given excerpt: In deciding cases in India,
the only doctrine that we have to go by is that of supervening impossibility or illegality
as laid down in Section 56 of the Contract Act 1872, taking the word ‘impossible’ in its
practical and not literal sense. Which of the following is correct regarding the nature of
impossibility in such contracts?
(A) the performance of the act may not be literally impossible, but it may be impracticable
from the point of view of the object.
(b) the changed circumstances never make the performance of the contract
impossible.
(C) the performance of the act may not be literally impossible, but it may be practicable
from the point of view of the object.
(d) the parties are not absolved from the further performance of a contract if they do
not promise to perform an impossibility.
40. Consider the given statement: Law does not compel a person to do which he cannot
possibly perform. Which of the following legal maxims correctly expresses the meaning
of the given statement?
(A) Res Ipsa Loquitur (b) Sub Silentio
(C) Actio Personalis Moritur Cum Persona (d) Impotentia Excusat Legem
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41. Which of the following will not make a contract frustrated even after a supervening
impossibility ?
(A) the contract is not absolute in terms and does not cover the impossibility.
(b) the contract is absolute and covers the impossibility.
(C) it cannot be reasonably foreseen by the parties at the time of formation of
contract.
(d) if the object of the contract becomes impracticable.
42. Which of the following is correct regarding considerations in deciding issues of frustration
of contract ?
(A) the doctrine of Frustration will not be applicable to assist a party that does not
want to ful l its obligations under the contract.
(b) the defence of doctrine of Frustration is not available to a person who for the reason
of impossibility cannot perform the contract.
(C) Few variations from the original contract will be a defence for the parties.
(d) the intervening event must not be entirely impossible.
viii. the constitutional validity of the West bengal Housing industry regulation Act, 2017 (Wb-HirA)
was challenged on the basis that both Wb-HirA and a Parliamentary enactment, namely, the
real estate (regulation and development) Act, 2016 (rerA) are relatable to the legislative
subjects contained in entries 6 and 7 of List iii (Concurrent List) of the Seventh Schedule
of the Constitution of india. Wb-HirA has neither been reserved for nor has it received
Presidential assent under Article 254(2) of the Constitution of india, which was necessary
since it was going to occup the same eld as the RERA, a law which had been enacted b
the Parliament. the State enactment contains certain provisions which are either: directly
inconsistent with the corresponding provisions of the Central enactment; or a virtual replica of
the Central enactment; and Parliament having legislated on a eld covered b the Concurrent
List, it is constitutionally impermissible for the State Legislature to enact a law over the same
subject matter by setting up a parallel legislation. the analysis indicates repugnancy between
Wb-HirA and rerA. undoubtedly, as Article 254(1) postulates, the legislation enacted by
the State legislature is void to the e tent of the repugnanc . There is, not onl a direct con ict
of certain provisions between the rerA and Wb-HirA, but there is also a failure of the State
legislature to incorporate statutory safeguards in Wb-HirA, which have been introduced in
the rerA for protecting the interest of the purchasers of real estate. For repugnancy under
Article 254 of the Constitution, there is a twin requirement to be ful lled: rstl , there has to be
a ‘repugnancy’ between a Central and State Act; and secondly, the Presidential assent has
to be held as being non-e istent. The test for determining such repugnanc is indeed to nd
out the dominant intention of both the legislations and whether such dominant intentions of
both the legislations are alike or different. A provision in one legislation in order to give effect
to its dominant purpose may incidentally be on the same subject as covered by the provision
of the other legislation, but such partial or incidental coverage of the same area in a different
context and to achieve a different purpose does not attract the doctrine of repugnancy. in
order to attract the doctrine of repugnancy, both the legislations must be substantially on the
same subject. Hence, Wb-HirA is repugnant to the rerA, and is hence unconstitutional.
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43. Which of the following is not an element of the twin requirement test to determine
repugnancy under Article 254 of the Constitution of india?
(A) repugnancy between the Central Act and State Act within the Concurrent List.
(b) State Act has been reserved for the consideration of the President.
(C) State Act has received accent of the President.
(d) both (b) and (C).
44. Which of the following statements regarding entry 7 of List iii (Concurrent List) of
Seventh Schedule of the Constitution of india is untrue ?
(A) Contract relating to carriage of goods falls under entry 7 of the Concurrent List.
(b) Contract relating to agriculture land falls under entry 7 of the Concurrent List.
(C) Contract relating to agency falls under entry 7 of the Concurrent List.
(d) Contract relating to partnership falls under entry 7 of the Concurrent List.
45. Where the State legislature enacts an Act on a subject vested to State legislature by
the Constitution of india, if incidentally, the provisions of such a State Act operates on
a subject which is exclusively vested to the Parliament, such incidental coverage of the
same area shall attract the test of:
(A) repugnancy (b) Pith and substance
(C) Colourable legislation (d) Superior legislation
46. the word ‘assent’ used in Article 254 (2) of the Constitution of india means:
(A) A constitutional formality of obtaining consent of the President for promulgating a
new Act.
(b) An express agreement of mind to what is proposed by the State Legislature by
enacting a new law on the same subject on which the Central law already exists.
(C) An express agreement of mind to what is proposed by the State Legislature regarding
repugnancy.
(d) both (b) and (C).
47. Article 254 (2) of the Constitution of india applies to the matters enumerated in:
(A) the union List (b) the State List
(C) the Concurrent List (d) the union List and the State List
48. in case of inconsistency between a law made by Parliament and law made by the
Legislatures of State, the law made by the Legislature of the State shall:
(A) Completely be void.
(b) to the extent of the repugnancy, be void.
(C) At the discretion of the Parliament, be void.
(d) At the discretion of the Court, be void.
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iX. in Gautam Navlakha v. National Investigation Agency, 2021 SCC OnLine SC 382, the
court analysed the ambit of Article 22 of the Constitution of india and also the scope of the
expression ‘arrest’ contained therein and also under the relevant provisions of the Code of
Criminal Procedure, 1973 (CrPC). Arrest ma be classi ed into two categories, namel , the
arrest under a warrant issued by a court and arrest without warrant. Section 57 of the Code
of Criminal Procedure clearl directs that the investigation should be completed in the rst
instance within 24 hours; if not the arrested person should be brought before a magistrate
as provided under Section 167 of the Code of Criminal Procedure. turning now to Article
22(1) and (2), we must ascertain whether its protection extends to both categories of arrests
mentioned above, and, if not, then which one of them comes within its protection. there can
be no matter of doubt that arrests without warrants issued by a court call for greater protection
than do arrests under such warrants. the provision that the arrested person should within
24 hours be produced before the nearest magistrate is particularly desirable in the case of arrest
otherwise than under a warrant issued by the court, for it ensures the immediate application of
a judicial mind to the legal authority of the person making the arrest and the regularity of the
procedure adopted by him. in the case of arrest under a warrant issued by a court, the judicial
mind had already been applied to the case when the warrant was issued and, therefore, there
is less reason for making such production in that case a matter of a substantive fundamental
right. the matter of ‘House Arrest’ was deliberated by the court as: “There can be no quarrel
with the proposition that a court cannot remand a person unless the court is authorised to do
so by law. We are of the view, that in the facts of this case, the house arrest was not ordered
purporting to be under Section 167. We observe that under Section 167 in appropriate cases
it will be open to courts to order house arrest.”
49. Consider the following statements:

(i) the application of judicial mind is not necessary to issue a warrant by the court.
(ii) the constitutional notion demands the application of judicial mind immediately after
the arrest of person without a warrant.
50. Section 57 of the Code of Criminal Procedure, 1973 applies to arrest ______
warrant.
(A) With (b) Without
(C) With or without (d) On execution of
51. the fundamental right under Article 22(2) of the Constitution of india regarding the duty
of police to produce arrested person before the nearest magistrate applies to:
(A) detenu who at the time of arrest is an enemy alien.
(b) Arrest under any law providing for preventive detention.
(C) Arrest under Section 41 of the Code of Criminal Procedure, 1973.
(d) Arrest in execution of warrant issued by the court.
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52. Section 167 of the Code of Criminal Procedure, 1973 empowers a Judicial magistrate
to authorise the detention of an accused in:
(A) Police Custody.
(b) Judicial Custody.
(C) both Police Custody and Judicial Custody.
(d) Other than Police and Judicial Custody.
53. in Gautam Navlakha v. National Investigation Agency, 2021 SCC OnLine SC 382, the
court did not consider the period of house arrest in calculating the period of custody for
the purpose of ling the application for default bail because:
(A) the order of house arrest was not purported to be under Section 167 the Code of
Criminal Procedure, 1973.
(b) the court is not authorized to order house arrest under Section 167 the Code of
Criminal Procedure, 1973.
(C) the order of house arrest was illegal.
(d) the term ‘house arrest’ was not given anywhere under the Code of Criminal
Procedure, 1973.
54. in Gautam Navlakha v. National Investigation Agency, 2021 SCC OnLine SC 382, the court
has established that the order of the court to direct house arrest of the arrested person shall
be:
(A) unconstitutional.
(b) Within the competence of the court under Section 167 the Code of Criminal
Procedure, 1973.
(C) beyond the competence of the court under Section 167 the Code of Criminal
Procedure, 1973.
(d) discretionary.
X. Section 304-B (1) of the Indian Penal Code, 1860 (IPC) de nes dowr death of a woman. It
provides that ‘dowry death’ is where death of a woman is caused by burning or bodily injuries
or occurs otherwise than under normal circumstances, within seven years of marriage, and
it is shown that soon before her death, she was subjected to cruelty or harassment by her
husband or any relative of her husband, in connection with demand for dowry. Further,
Section 304-b (2) of iPC provides punishment for the aforesaid offence. the Supreme Court
of india summarized the law under Section 304-b of iPC and Section 113b of the indian
evidence Act, 1872 (ieA) as under: (i) Section 304-b of iPC must be interpreted keeping in
mind the legislative intent to curb the social evil of bride burning and dowry demand; (ii) the
prosecution must at rst establish the e istence of the necessar ingredients for constituting
an offence under Section 304-B of IPC. Once these ingredients are satis ed, the rebuttable
presumption of causality, provided under Section 113-b of ieA operates against the accused;
(iii) the phrase ‘soon before’ as appearing in Section 304-b of iPC cannot be construed to
mean ‘immediately before’. the prosecution must establish existence of ‘proximate and live
link’ between the cruelty or harassment for dowry demand by the husband or his relatives
and the consequential death of the victim.
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55. in Gurmeet Singh v. State of Punjab, 2021 SCC OnLine SC 403, a three-judge bench
of the Supreme Court of india issued guidelines for trial in dowry death cases. the
bench comprised of:
(A) N.V. ramana, uday umesh Lalit and A.m. Khanwilkar, JJ.
(b) N.V. ramana, Sanjay Kishan Kaul and Surya Kant, JJ.
(C) N.V. ramana, Surya Kant and Aniruddha bose, JJ.
(d) N.V. ramana, L. Nageswara rao and Hemant Gupta, JJ.
56. In which of the following provisions is the term dowr de ned ?

(A) Section 2 of the dowry Prohibition Act, 1961.
(b) Section 3 of the dowry Prohibition Act, 1961.
(C) Section 498A of the indian Penal Code, 1860.
(d) Section 304b of the indian Penal Code, 1860.
57. “The presumption as to dowry death provided under Section 113B of the Indian Evidence
Act, 1872 is a ‘shall’ presumption.” the given statement is:
(A) true.
(b) False.
(C) Neither true nor false as the application of the presumption is a matter of discretion
of court.
(d) Neither true nor false as the application of the presumption depends on the facts
of the case.
58. Whether the demand for dowry was ‘soon before’ the death of the alleged victim of
dowry death for establishing the offence under Section 304-b of the indian Penal Code,
1860 is determined by the court on the basis of:
(A) the length of time between demand of dowry and death.
(B) The gravit of demand of dowr , including the e istence of burns of injuries in icted
while making such demand.
(C) the length of marriage of the victim and the accused.
(d) the totality of circumstances of each case, without relying on any straight jacket
formula.
59. in order to establish that the accused has committed an offence under Section 304-b
of the indian Penal Code, 1860, the prosecution is required to prove that the death of
the victim occurring ‘otherwise than under normal circumstances’:
(A) is either homicidal or suicidal death.
(b) is accidental death only.
(C) may be homicidal or suicidal or accidental death.
(d) is suicidal death only.
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60. the words ‘soon before’ in Section 304-b of the indian Penal Code, 1860, are not
interpreted as ‘immediately before’ because:
(A) A criminal statute is to be interpreted strictly.
(b) Section 304-b of the indian Penal Code, 1860 is to be read with the presumption
under Section 113b of the indian evidence Act, 1872.
(C) Once these ingredients are satis ed, the rebuttable presumption of causalit under
Section 113-b of the indian evidence Act, 1872 operates against the accused.
(d) the legislative intent of Section 304-b of the indian Penal Code, 1860 is to curb
the social evil of bride burning and dowry demand.
Xi. to every State whose land territory is at any place washed by the sea, international law
attaches a corresponding portion of maritime territory... international law does not say to a
State: “You are entitled to claim territorial waters if you want them”. No maritime State can
refuse them. international law imposes upon a maritime State, certain obligations and confers
upon it certain rights arising out of the sovereignty which it exercises over its maritime territory.
the possession of this territory is not optional, not dependent upon the will of the State, but
compulsory. in the ninth edition of Oppenheim’s international Law, the nationality of ships in
the high seas has been referred to in paragraph 287, wherein it has been observed that the
legal order on the high seas is based primarily on the rule of international Law which requires
ever vessel sailing the high seas to possess the nationalit of, and to the ag of, one State,
whereby a vessel and persons on board the vessel are subjected to the law of the State of
the ag and in general subject to its e clusive jurisdiction. In paragraph 291 of the aforesaid
discourse, the learned author has de ned the scope of ag jurisdiction to mean that jurisdiction
in the high seas is dependent upon the maritime Flag under which vessels sail, because no
State can extend its territorial jurisdiction to the high seas. Of course, the aforesaid principle
is subject to the right of hot pursuit , which is an e ception to the e clusiveness of the ag
jurisdiction over ships on the high seas in certain special cases.
61. A Coastal State, subject to the obligations imposed by international Law, has sovereignty
over its:
(A) territorial waters, the seabed and subsoil underlying such waters, and the air space
above them.
(b) territorial waters, the seabed and subsoil underlying such waters.
(C) territorial waters only.
(d) territorial waters and the air space above them.
62. Which provision of the united Nations Convention on the Law of the Sea 1982 (uNCLOS)
makes an express declaration that: “No State may validly purport to subject any part of
the high seas to its sovereignty.” ?
(A) Article 86 (b) Article 87
(C) Article 88 (d) Article 89
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63. According to Article 94(7) of the united Nations Convention on the Law of the Sea 1982
(uNCLOS), in the event of a marine casualty or incident of navigation on the high seas
involving a ship ing a State s ag and causing loss of life or serious injur to nationals
of another State, which of the following shall be the duty of the Flag State?
(A) to conform to generally accepted international regulations, procedures and
practices and to take any steps which may be necessary to mitigate the damage
so caused.
(B) To cause an inquir to be held b or before suitabl quali ed person(s) into such
casualty or incident.
(C) to investigate the matter and, if appropriate, take any action necessary to remedy
the situation.
(d) to assume jurisdiction under its internal law over such casualty or incident in respect
of its administrative, technical and social implications.
64. territorial waters are not only ‘territory’ but also a compulsory __________to the coastal
state.
(A) Liability (b) equitable interest
(C) Appurtenance (d) trust
65. The right of hot pursuit , which has been codi ed in Article 111 United Nations Convention
on the Law of the Sea 1982 (uNCLOS) recognises that:
(A) A vessel, if it has committed a violation of the laws of a foreign State while in that
State’s sovereign or territorial waters, may be pursued onto the high seas.
(b) A vessel, if it has committed a violation of the provisions of the uNCLOS while in
that State’s sovereign or territorial waters, may be pursued onto the high seas.
(C) A vessel, if it has committed a violation of the laws of a foreign State while in that
State’s sovereign or territorial waters, may be pursued onto the foreign State’s
sovereign or territorial waters.
(d) A vessel, if it has committed a violation of the laws of a foreign State while in that
State’s sovereign or territorial waters, may be pursued onto a third State’s sovereign
or territorial waters.
66. in which of the following judgments, the Supreme Court of india has opined that
“sovereignty is not ‘given’, but it is only asserted”?
(A) State of tamil Nadu v. mariya Anton Vijay, (2015) 9 SCC 294.
(b) Great eastern Shipping Co. Ltd. v. State of Karnataka, (2020) 3 SCC 354.
(C) republic of italy through Ambassador v. union of india, (2013) 4 SCC 721.
(d) Sabeeha Faikage v. union of india, (2013) 1 SCC 262.
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Xii. Sections 31 to 35 of Chapter iii of the indian Contract Act, 1872 deals with contingent contracts
and Section 36 deals with contingent agreements. A contingent contract is one where the
liability to perform the promise depends upon some collateral event which may or may not
happen. A contract of insurance is an example of a contingent contract, where the liability of
the insurer depends upon the occurrence of the event, viz. damage or destruction arising out
of re. Life insurance in a broader sense comprises an contract in which one part agrees to
pay a given sum upon happening of a particular event contingent upon duration of human life,
in consideration of the immediate payment of a smaller sum or certain equivalent periodical
pa ments b another. The event ma be certain but it s happening in a speci c manner or
within a particular time would be uncertain. A contract of indemnity to make good the loss
arising out of the conduct of the promisor is a contract contingent upon the act of a party.
Such condition may be express or may also be implied into a contract. A contract for storage
of potatoes in a cold storage cooling system was held subject to an implied condition that
it could be performed only when there was continuous electric supply. but where there is a
document embodying the terms of a contract, it is not permissible to imply therein a condition
if that will be inconsistent with its express terms.
67. Which of the following is not correct about the nature of contingent contract?
(A) A contract contingent upon the happening of an event can be enforced after that
event occurs.
(b) A contract contingent upon the happening of an event can be enforced even before
that event occurs.
(C) if the event becomes impossible, the contract becomes void.
(d) the parties are under no obligation till the happening of that event unless there is
a term requiring the parties to make effort to make that event happen.
68. ‘A’ agrees to pay ‘b’ a sum of money if a certain cruise does not return. the cruise is
sunk. based on the given facts, which of the following statement is correct?
(A) the contract can be enforced when the cruise sinks.
(b) Sinking of cruise has no relevance for validity of contract.
(C) the contract cannot be enforced when the cruise sinks.
(d) the condition is impossible.
69. Which of the following is correct regarding a contingent contract?

(A) No contract comes into existence until the contingency occurs.
(b) One party cannot assume an immediate unilateral obligation subject to a
condition.
(C) the parties cannot enter into an immediately binding contract; and either the
operation of the contract is made to depend upon the happening of the speci ed
event.
(d) All contingent contracts are void.
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70. ‘X’ promises to pay ‘Y’ a sum of money if a certain ship returns within a year. based on
the given facts, which of the following statement is not correct?
(A) the contract becomes void if the ship is burnt within the year.
(b) the contract depends upon returning or non-returning of the ship.
(C) the contract may be enforced if the ship returns within the year.
(d) the contract cannot be enforced if the ship returns within the year.
71. ‘A’ agrees to pay ‘Z’ an amount of ` 2 lakhs if ‘Z’ marries ‘b’. ‘b’ was dead at the time of
the said agreement between ‘A’ and ‘Z’. based on the given facts, which of the following
statement is correct?
(A) the agreement is valid.
(b) the enforceability of agreement does not depend on the existence of ‘b’.
(C) the agreement is void.
(d) the event is possible in its nature.
72. Which of the following statement correctly describes the difference between wagering
agreements and contingent contracts?
(A) Wagering agreements are void and contingent contracts are valid.
(b) Wagering agreements are valid and contingent contracts are void.
(C) Wagering agreements and contingent contracts are valid.
(d) Wagering agreements and contingent contracts are void.
Xiii. Supreme Court of india has pointed out that there are not less than 100 instances under the
income tax Act, 1961, where in the event of amalgamation, the method of treatment of a
particular subject matter is expressly indicated in the provisions of the Act. in some instances,
amalgamation results in withdrawal of a special bene t (such as an area e emption under
Section 80IA) - because it is entit or unit speci c. In the case of carr forward of losses and
pro ts, a nuanced approach has been indicated. All these provisions support the idea that
the enterprise or the undertaking, and the business of the amalgamated company continues.
The bene cial treatment, in the form of set-off, deductions (in proportion to the period the
transferee was in existence, vis-à-vis the transfer to the transferee company); carry forward
of loss, depreciation, all bear out that under the Act, (a) the business-including the rights,
assets and liabilities of the transferor company do not cease, but continue; (b) by deeming
ction-through several provisions of the Act, the treatment of various issues, is such that the
transferee is deemed to carry on the enterprise as that of the transferor.
73. Consider the given statements:

(i) Amalgamation is the merger of one or more companies with another company.
(ii) Amalgamation may be the merger of two or more companies to form a new
company.
(iii) the amalgamating company integrates with amalgamated company and the former
is dissolved without winding up.
Choose the correct answer from the Code given below:
(A) Only (i) and (ii) are true. (b) Only (ii) and (iii) are true.
(C) Only (i) and (iii) are true. (d) (i), (ii) and (iii) are true.
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74. On amalgamation of a company,

(A) there is transfer of capital assets from amalgamating company to amalgamated
company and therefore capital gain can arise in the hands of the amalgamating
company.
(b) there is transfer of capital assets from the amalgamating company to amalgamated
company and hence capital gain can arise in the hands of the shareholders of the
amalgamating company.
(C) Succession of capital assets of the amalgamating company by the amalgamated
compan does not result in transfer as de ned in Section 47 of the income tax Act
and hence no capital gain arises.
(d) All are incorrect.
75. in case of amalgamation,

(A) Amalgamated company can set off the losses of the amalgamating company, if
conditions of income tax Act, 1961 are complied with.
(b) New company can claim depreciation on capital assets in the year of transfer on
pro-rata basis.
(C) New company can carry forward unabsorbed depreciation.
(d) All are true.

(i) in case of amalgamation, transferee-company can claim deduction for expenditure
incurred on amalgamation.
(ii) Any cessation of liability of amalgamating company shall be taxed in the hands of
the amalgamated company.

(A) both (i) and (ii) are true. (b) Only (i) is true.
(C) Only (ii) is true. (d) both (i) and (ii) are untrue.
77. Which of the following is true?

(A) the accumulated loss of the amalgamating company shall be deemed to be the
loss of the amalgamated company for the previous year in which the amalgamation
was effected.
(b) the amalgamated company can claim all deductions under Section 80 of income
Ta Act, 1961 including unit speci c deductions.
(C) the accumulated loss of the amalgamating company shall not be deemed to be
the loss of the amalgamated company.
(d) All are incorrect.
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(i) On amalgamation, the business of the transferor company does not cease, but is
deemed to continue.
(ii) under various provisions of the income tax Act, transferee is deemed to carry on
the enterprise as that of the transferor.

(A) both (i) and (ii) are true. (b) Only (i) is true.
(C) Only (ii) is true. (d) both (i) and (ii) are untrue.
Xiv. the Supreme Court of india in a Suo Motu Writ Petition In Re: Distribution of Essential
Supplies and Services During Pandemic, [Writ Petition (Civil) No. 3 of 2021], analyzed the
power of judicial review over the management of the COVid-19 pandemic in india. the
union of india has highlighted a few concerns as: the executive is battling an unprecedented
crisis and the government needs discretion to formulate policy in larger interest and its
wisdom should be trusted; the current vaccine policy conforms to Articles 14 and 21 of the
Constitution, and requires no interference from the courts as the executive has room for
free play in the joints while dealing with a pandemic of this magnitude; Judicial review over
executive policies is permissible only on account of manifest arbitrariness. No interference
from judicial proceedings is called for when the executive is operating on expert medical
and scienti c opinion to tackle a medical crisis; and an over- ealous judicial intervention,
though well-meaning, in the absence of expert advice or administrative experience may
lead to unintended circumstances where the executive is left with little room to explore
innovative solutions. The court clari ed that in the conte t of the public health emergenc ,
the executive has been given a wider margin in enacting measures which ordinarily may
have violated the liberty of individual. the judiciary has also recognized that Constitutional
scrutiny is transformed during such public health emergencies and noted the complex role
of the government in battling public health emergencies in following words: ...While this court
h ld g a d i h mne e e igh a e aining life, libe e a ec ed
the individual by the Supreme Law of the Land, it is of the last importance that it should not
invade the domain of local authority except when it is plainly necessary to do so in order to
enforce that law. But even in a pandemic, the Constitution cannot be put away and forgotten
and a blic heal h eme genc d e n gi e G e n and he blic f cial ca e
blanche to disregard the Constitution for as long as the medical problem persists. …the
courts should expect policies that more carefully account for Constitutional rights. the court
stated that separation of powers is a part of the basic structure of the Constitution of india.
However, this separation of powers does not result in courts lacking jurisdiction in conducting
a judicial review of these policies.
79. Which of the following statements is untrue?

(A) Policy-making lays in the sole domain of the executive.
(b) the power of judicial review may be exercised on public health policies.
(C) Separation of powers restricts the power of judicial review on public health
policies.
(d) Policy-making should be in conformity with the fundamental rights.
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80. Soliciting constitutional justi cation for e ecutive policies in managing a public health
crisis during pandemic appears to be:
(A) Necessary function of the court. (b) discretionary power of the court.
(C) Not within the ambit of judicial review. (d) unnecessary interference from the court.
81. in the above excerpt, the union of india opposed judicial intervention in apprehension
of circumstances restricting the scope for the executive to explore solutions. the said
argument was supported on the ground that :
(A) the judges are not public health experts, therefore in the absence of expert advice,
it would be an undesirable intervention.
(b) the executive needs room for free play while dealing with pandemic.
(C) Constitutional rights are suspended during a pandemic.
(d) both (A) and (b).

(i) An intrusion by the judiciary in the domain of the executive is prohibited under the
separation of powers principle, except when it is necessary to do so in order to
enforce the express provisions of the Constitution of india.
(ii) An intrusion by the judiciary in the domain of the executive is allowed when it is
necessary to do so in order to safeguard the rights relating to life, liberty or property
as secured to the individual by the Constitution of india.

83. in the case of In Re: Distribution of Essential Supplies and Services During Pandemic,
the Supreme Court of india examined the constitutional validity of Central Government’s
policy regarding vaccine procurement and distribution among different categories of
the population. Such policy is known as:
(A) Vaccination distribution Policy. (b) Liberalized Vaccination Policy.
(C) Central Vaccination distribution Policy. (d) None of the above.
84. Public health is a subject under ______ of the Seventh Schedule of the Constitution.
(A) entry 6 of List ii (State List) (b) entry 36 of List ii (State List)
(C) entry 81 of List i (union List) (d) entry 29 of List iii (Concurrent List)
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Xv. the right to clean and healthy environment has been recognized as a fundamental right under
Article 21 of the Constitution of india. Article 48-A imposes a duty upon the State to endeavour
to protect and improve the environment and safeguard the forests and wildlife of the Country. in
addition to this, india is also a party to international treaties, agreements and conferences and
has committed itself to sustainable development and growth. this legal framework indicates
that sustainable development must remain at the heart of any development policy implemented
by the state. it is essential to strike the right balance between environmental conservation
and protection on one hand, and the right to development on the other, while articulating
the doctrine of sustainable development. We may add that in our opinion conservation and
development need not be viewed as binaries, but as complementary strategies that weave into
one another. in other words, conservation of nature must be viewed as part of development
and not as a factor stultifying development.
85. Which of the following provisions contain the fundamental duty to protect and improve
the natural environment?
(A) 51A(h) (b) 51A(g) (C) 51A(f) (d) 51A(d)
86. under which of the following provisions can union legislature enact laws for giving effect
to international agreements?
(A) Article 251 (b) Article 252
(C) Article 253 (d) Article 254
87. by which of the following Constitution Amendment Act were entries 17A and 17b
inserted in List iii of the Seventh Schedule of the Constitution of india?
(A) Constitution (Fortieth Amendment) Act, 1976
(b) Constitution (Forty Second Amendment) Act, 1976
(C) Constitution (Forty Fourth Amendment) Act, 1978
(d) Constitution (Forty Sixth Amendment) Act, 1982
88. Which of the following judgments of the Supreme Court of india does not deal with
sustainable development?
(A) Karnataka industrial Area development board v. C. Kenchappa, (2006) 6 SCC
371.
(b) tata Housing development Co. Ltd. v. Aalok Jagga, (2020) 15 SCC 784.
(C) manorama Sachan v. Lucknow development Authority, (2005) 9 SCC 425.
(d) maharashtra Land development Corporation v. State of maharashtra, (2011) 15
SCC 616.
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89. Which of the following depicts the most appropriate response regarding Public trust
doctrine?
(A) that resources like sea, waters, forests are extremely important to the masses and
therefore it would be unjusti ed to make them subjects of private ownership.
(b) the people of the country have a fundamental duty to protect the environment.
(C) right to clean environment is a fundamental right.
(d) All of the above.
90. Which of the following doctrines is/are part of environmental jurisprudence in india?
(A) Polluter Pays Principle (b) Precautionary Principle
(C) both (A) and (b) (d) Sovereign immunity Principle
Xvi. in cases where the evidence is of a circumstantial nature, the circumstances which lead to
the conclusion of guilt should be in the rst instance full established, and all the facts so
established should be consistent only with the hypothesis of the guilt of the accused. Again,
the circumstances should be of a conclusive nature and tendency and they should be such
as to exclude every hypothesis but the one proposed to be proved. in other words, there
must be a chain of evidence so far complete as not to leave any reasonable ground for a
conclusion consistent with the innocence of the accused and it must be shown that within
all human probability the act must have been committed by the accused.
91. When a person does an act with some intention other than that which the character
and circumstances of the act suggest, the burden of proving that intention is:
(A) upon that person who conceive such intention.
(b) Not upon that person who conceive such intention.
(C) upon prosecution irrespective to the fact who conceived such intention.
(d) Not clear under the provisions of the indian evidence Act, 1872.
92. Where in a criminal case there is con ict between presumption of innocence and an
other presumption, in such situation which presumption shall prevail?
(A) Presumption of guilty (b) Presumption of innocence
(C) mix Presumption (d) No presumption
93. Where the evidence is of a circumstantial nature, the circumstances from which the
conclusion of guilt is to be drawn should be:
(A) Partially established (b) Fully established
(C) reasonably established (d) initially established
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94. An admissibility of circumstantial evidence against the accused requires a chain of

evidence which:
(A) does not leave any reasonable ground for a conclusion consistent with the innocence
of the accused.
(b) does not leave any reasonable ground for a conclusion inconsistent with the
innocence of the accused.
(C) must be such as to show that within all human probability the act must have been
done by the accused.
(d) both (A) and (C).
95. When a murder charge is to be proved solely on circumstantial evidence, a presumption

of innocence of the accused must have a ______ role.
(A) Common (b) reasonable
(C) dominant (d) minimum
96. Which provision of the indian evidence Act, 1872 provides regarding the burden of
proving that case of accused comes within general exceptions of the indian Penal
Code, 1860?
(A) Section 104 (b) Section 105
(C) Section 106 (d) Section 107
Xvii. On repeal of the Juvenile Justice Act, 2000 and on the enforcement of the Juvenile Justice
Act, 2015, the procedure to be followed when a claim of juvenility is raised before any
court, other than a board is stipulated under Section 9(2) and (3). the same reads as
‘‘in case a person alleged to have committed an offence claims before a court other than a
board, that the person is a child or was a child on the date of commission of the offence, or
if the court itself is of the opinion that the person was a child on the date of commission of
the offence, the said court shall make an inquiry, take such evidence as may be necessary
(but not an af davit) to determine the age of such person, and shall record a nding on the
matter, stating the age of the person as nearly as may be: Provided that such a claim may
be raised before an court and it shall be recogni ed at an stage, even after nal disposal of
the case, and such a claim shall be determined in accordance with the provisions contained
in this Act and the rules made thereunder even if the person has ceased to be a child on or
before the date of commencement of this Act. If the court nds that a person has committed
an offence and was a child on the date of commission of such offence, it shall forward the
child to the board for passing appropriate orders and the sentence, if any, passed by the
court shall be deemed to have no effect.”
97. From which of the following dates Juvenile Justice Act, 2015 was implemented?
(A) January 16, 2015 (b) January 15, 2016
(C) February 16, 2016 (d) February 15, 2015
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98. ‘A’ is accused of having committed an offence on January 1, 2022. He attained the
age of 16 on march 31, 2022. On the date of hearing, he claimed that on the date of
commission of the offence, he was a child. Which of the following statement is true?
(A) ‘A’ can raise the plea of juvenility since he was child on the date of commission of
the offence.
(b) ‘A’ cannot be allowed to raise the plea of juvenility.
(C) For raising the plea of juvenility, the age on the date of trial is considered and not
the age on the date of commission of offence.
(d) All are true.
99. Which of the following statements is true, if the plea of juvenility is raised before the
court?
(A) The Court can decide the plea of juvenilit onl on the basis of the af davit of the
claimant.
(b) the Court shall get the enquiry conducted by collector of the district.
(C) the Court shall take such evidence as it considers necessary and decide the age
of the claimant.
(d) both (A) and (b) are true.
100. ‘A’ is accused of committing an offence on a given day. He claims that he was child
on such da . Court conducts an enquir and records a nding that he was child on the
date of offence. Which of the following statements holds good?
(A) the Court is bound to try the entire case and decide whether the claimant has
committed the offence.
(B) The order of conviction passed b the Court after recording nding that the accused
is a child, is valid.
(C) the Court shall forward the matter to Juvenile Justice board for decision and
appropriate orders.
(d) the Court shall set the accused free.
101. the Juvenile Justice Act, 2015 contemplates certain children to be kept in special
homes. Which of the following children can be kept in special homes?
(A) Orphaned children (b) Abused children
(C) Neglected children (D) Children in con ict with law
102. Which of the following is referred to as ‘Orphan’ in the Juvenile Justice Act, 2015?
(A) A child who is without a biological parent
(b) A child who is without an adoptive parent
(C) A child who is without a legal guardian
(d) All the above
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Xviii. drinking water is of primary importance in any country. in fact, india is a party to the resolution
of the uNO passed during the united Nations Water Conference which reads as under:
“All people, whatever their stage of development and their social and economic conditions,
have the right to have access to drinking water in quantum and of a quality equal to their
basic needs.” thus, the right to access to drinking water is fundamental to life and there is
a duty on the State under Article 21 to provide clean drinking water to its citizens. there
is, therefore, need to take into account the right to a healthy environment along with the
right to sustainable development and balance them. Competing Human rights to healthy
environment and sustainable development.
103. in which of the following cases the Supreme Court held that water is the basic need for
the survival of human beings and is part of right of life and Human rights as enshrined
in Article 21 of the Constitution of india?
(A) bandhua mukti morcha v. union of india (1984) 3 SCC 161
(b) Narmada bachao Andolan v. union of india (2000) 7 SCALe 34
(C) State of madhya Pradesh v. Centre for environment Protection research and
development 2020 SCC OnLine SC 687
(d) m.C. mehta v. union of india (2004) 12 SCC 118
104. Which of the following Courts was the rst court to develop the concept of right to health
environment as part of the Fundamental right to life?
(A) Philippine Supreme Court (b) Supreme Court of india
(C) european Court of Justice (d) Supreme Court of South Africa
105. in today’s emerging Jurisprudence, environmental rights which encompass a group of

collective rights are described as:
(A) First generation rights (b) Second generation rights
(C) third generation rights (d) Fourth generation rights
106. When was the rst United Nations Water Conference held?
(A) 1975 (b) 1976 (C) 1977 (d) 1978
107. the resolution of the uNO passed during the united Nations Water Conference as- All
people, whatever their stage of development and their social and economic conditions,
have the right to have access to drinking water:
(A) in quantum equal to their basic needs
(b) in quantum according to their age
(C) in quantum according to their natural needs
(d) in quantum according to their climatic conditions
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108. the right to access drinking water is a:

(A) Statutory right (b) Fundamental right
(C) Community right (d) individual Privilege
XiX. if a tax is ultra vires or unconstitutional then the party is entitled to have a refund of it from
the government whether it has been paid under protest or not. this Court has held that the
payment of tax which is without authority of law is payment made under a mistake within
the meaning of Section 72 of the indian Contract Act. then, in such a case, question would
arise, whether the government to whom the payment had been made by mistake must repay
it. thus, the principle of restitution or repayment of the tax simpliciter has been considered
in light of the doctrine of unlawful enrichment. the doctrine envisages that when the State
collects a tax from the tax-payer without authority of law, but if the taxpayer has already
passed on the burden of the tax money paid by him to the State to someone else and has
recouped the money then the taxpayer is not entitled to ask for the restitution from the State
the money paid by him as unauthorized tax. in such circumstances, the State cannot be
asked to refund the tax money to the taxpayer on the principle of unlawful enrichment.
109. doctrine of unjust enrichment implies:

(A) Obtaining bene t from another (which is not a gift) without legal justi cation
(B) Restoration of the bene ts obtained without legal justi cation
(C) Neither (A) nor (b)
(d) both (A) and (b)
110. doctrine of unjust enrichment is applicable to:

(A) Contractual matters (b) tax matters
(C) both (A) and (b) (d) None of these
111. A business entity can claim refund of tax on the ground of unjust enrichment in which
of the following cases?
(A) When the tax has been levied without the authority of law and the burden of tax is
borne by the business entity.
(b) When the tax has been levied without the authority of law and the burden of tax
has been passed on to the consumer.
(C) When levy of tax is under the authority of law and the business entity has not passed
the burden to the consumer.
(d) both (A) and (C)
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112. When can tax be declared as unconstitutional?

(A) if tax has been levied without the authority of law.
(b) if the legislature does not have legislative competence to levy that tax.
(C) both (A) and (b)
(D) When the assessment of ta b assessing of cer is contrar to facts and evidence
on record.
113. in which of the following cases, challenge to constitutionality of the Goods and Service
tax (Compensation to States) Act, 2017 on the ground of lack of legislative competence
was rejected?
(A) union of india v. mohit minerals Pvt. Ltd. (2019) 2 SCC 599.
(b) Sudhir Kumar Atrey v. union of india (2022) 1 SCC 352.
(C) Hindustan Construction Co. Limited v. union of india (2020) 17 SCC 324.
(d) union of india v. A. Shainamol 2021 SCC OnLine SC 262.
114. Additional ta , in the form of ta on ta , for a speci ed purpose is called:

(A) Cess (b) Fee (C) tax (d) None of the above
XX. the international Court of Justice recalls that, pursuant to Article 41 of its Statute, it has the
power to indicate provisional measures when irreparable prejudice could be caused to rights
which are the subject of judicial proceedings or when the alleged disregard of such rights
may entail irreparable consequences. However, this power will be exercised only if there is
urgency, in the sense that there is a real and imminent risk that irreparable prejudice will be
caused to the rights claimed before the Court gives its nal decision. The condition of urgenc
is met when the acts susceptible of causing irreparable prejudice can “occur at any moment”
before the Court makes a nal decision on the case. The Court must therefore consider
whether such a risk exists at this stage of the proceedings. the Court is not called upon,
for the purposes of its decision on the request for the indication of provisional measures,
to establish the existence of breaches of obligations under the Genocide Convention, but to
determine whether the circumstances require the indication of provisional measures for the
protection of the right found to be plausible. Having determined that ukraine can plausibly
assert a right under the Genocide Convention and that there is a link between this right and
the provisional measures requested, the Court then considers whether irreparable prejudice
could be caused to this right and whether there is urgency, in the sense that there is a real
and imminent risk that irreparable prejudice will be caused to this right before the Court gives
its nal decision.
115. under what statutory authority did the court pass the ‘provisional measures’ against
the russian Federation?
(A) Charter of the united Nations 1945
(b) Statute of the international Court of Justice 1945
(C) Genocide Convention, 1948
(d) None of the above
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116. What ‘irreparable prejudice’ is being talked about in the above paragraph?
(A) Violation of the Genocide Convention by russian Federation.
(b) Special military operations carried out against the ukraine.
(C) Violation of Humanitarian laws during the armed con ict b Russian Federation.
(d) All of the above
117. the reason behind the russian-ukraine crisis is:

(A) the violation of Geneva Convention of the refugees 1951
(b) the violation of the Agreement between Confederation of independent States and
europe
(C) threat or use of force contrary to the Purpose and Principles of the united Nations
Charter
(d) Neither (A) nor (b)
118. if one of the two parties to the dispute fails to appear before the Court during the oral
proceedings, the other party may call upon the court to decide the matter in favour of
its claim. Which of the following provision provides for this?
(A) Article 41 of the Statute of the iCJ (b) Article 51 of the Statute of the iCJ
(C) Article 52 of the Statute of the iCJ (d) Article 53 of the Statute of the iCJ
119. under which of the following provisions, ukraine sought jurisdiction to appear before
the Court?
(A) Article 36 of the Statute of the iCJ (b) Article iX of the Genocide Convention
(C) both (A) and (b) (d) Neither (A) nor (b)
120. the russian Federation, in the current dispute submitted to the court, the defence of
Article 51 of the uN Charter. What is defence of Article 51?
(A) Self-defence (b) Force Majure
(C) Consent (d) Pacta sunt servanda
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sPace for rouGH work
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m 36
CLAT 2022
FINAL ANSWER KEY – P.G.
Ques No. Correct Ques No. Correct Ques No. Correct
Answer Answer Answer
1 A 41 B 81 D
2 B 42 A 82 A
3 A 43 D 83 B
4 A 44 B 84 A
5 B 45 B 85 B
6 A 46 D 86 C
7 A 47 C 87 B
8 D 48 B 88 C
9 A 49 D 89 A
10 C 50 B 90 C
11 A 51 C 91 A
12 A 52 C 92 B
13 C 53 A 93 B
14 A 54 B 94 D
15 B 55 C 95 C
16 C 56 A 96 B
17 A 57 A 97 B
18 C 58 D 98 A
19 D 59 C 99 C
20 B 60 D 100 C
21 A 61 A 101 D
22 B 62 D 102 D
23 C 63 B 103 B
24 C 64 C 104 B
25 B 65 A 105 C
26 A 66 C 106 C
27 D 67 B 107 A
28 C 68 A 108 B
29 D 69 A 109 D
30 D 70 D 110 C
31 D 71 C 111 A
32 C 72 A 112 C
33 A 73 D 113 A
34 B 74 C 114 A
35 A 75 D 115 B
36 D 76 A 116 D
37 C 77 A 117 C
38 C 78 A 118 D
39 A 79 C 119 C
40 D 80 A 120 A
COMMON LAW ADMISSION TEST-2021 (PG)
In jurisprudence, distinction between theoretical and practical aspects of law is the basis of an
independent science of law, the purpose of which is not to subserve practical ends but to serve
pure knowledge, which is concerned with facts but not with words. At the present time, the
juristic science is an exclusively a practical science of law and adequate methods have been
evolved for the application of law by the judges. The result of this situation is that its teaching
on the subject of law and legal relations, subject matter and method, can be given only by the
practical science of law. It aims to supply the judge with legal propositions, formulated in the
most general terms possible, in order that the greatest possible number of decisions might be
derived from them. It teaches the judge how to apply the general propositions to the specific
cases. However, the human thinking is necessarily dominated by the underlying purpose and
the thinking of the jurist is conditioned by the practical purposes pursued by juristic science.
The jurist does not mean by law that which lives and is operative in human society as law, but
law exclusively important in the administration of justice as a rule according to which the
judges must decide the legal disputes. However, juristic science as a whole proceeds by
abstractions and deductions but sometimes loses contact with reality. The rule of human
conduct and the rule according to which the judges decide legal disputes may be distinct; a
layman does not always act according to the rules which the judges apply for the judicial
decisions as the rules to guide human conduct. However, the scientific view has given way to
the practical view, adapted to the requirements of the judicial officials according to which they
must proceed, but they arrive at this view by a jump in their personal thinking. They mean that
the rules according to which courts decide are the rules according to which men ought to
regulate their conduct. In this respect it is altogether different from true science. It is true that
that judicial decisions influence the conduct of men, but we must first of all inquire to what
extent this is true and upon what circumstances it depends.
1. The purpose of the „science of law‟ is to achieve
(A) Practical aspects for human conduct.
(B) Idealistic judicial abstractions.
(C) Pure knowledge based on reality.
(D) Judicial purpose.
CORRECT OPTION: C
2. The prevailing method of the practical science of law is the method which is ___ _
(A) Employed by judges for application of law.
(B) Indicated in law books.
(C) Abstraction of social mind.
(D) Legal optimism.
CORRECT OPTION: A
3. The judicial thinking is prominently guided by
(A) Underlying principles of judicial morality.
(B) Principles of professional ethics.
(C) Practical purposes followed by judicial science.
(D) Classical theories of justice.
CORRECT OPTION: C
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4. The present juristic science is losing scientific temperament, because the _
Which of the following is the most appropriate answer?
(A) Judges are not professionally trained.
(B) Judicial abstractions and deductions are different from reality.
(C) Practical purposes followed by judicial science.
(D) Notions for the judicial decisions are inferred from the decision of foreign courts.
CORRECT OPTION: B
5. The legal propositions are generally based on ___ _
(A) Generalised possibility.
(B) Exclusivity.
(C) Social interest.
(D) Political interest.
CORRECT OPTION: A
6. The judicial expectation from a layman is that
(A) The conduct of man ought to be humane.
(B) The conduct of man ought to be prudent.
(C) The conduct of man be based on rules decided by courts.
(D) The conduct of man be based on moral and ethical parameters.
CORRECT OPTION: C
Human liberty is a precious constitutional value; it is as tenuous as tenuous can be. Liberty
survives by the vigilance of her citizens, on the cacophony of the media and in the dusty
corridors of courts alive to the rule of (and not by) law. The doors of the court cannot be closed
to a citizen who is able to establish prima facie that the instrumentality of the State is being
weaponized for using the force of criminal law to the detriment of human liberty. The basic
entitlement of every citizen who is faced with allegations of criminal wrongdoing, is that the
investigative process should be fair. This is an integral component of the guarantee against
arbitrariness under Article 14 and of the right to life and personal liberty under Article 21. The
Supreme Court considered the given principle in Arnab Manoranjan Goswami v. State of
Maharashtra, [AIR 2021 SC 1], which binds that the courts must be alive to the need to
safeguard the public interest while ensuring that the due enforcement of criminal law is not
obstructed. The fair investigation of crime is an aid to it. Equally it is the duty of courts across
the spectrum-the district judiciary, the High Courts and the Supreme Court to ensure that the
criminal law does not become a weapon for the selective harassment of citizens. The inherent
power of the High Court must be construed as an aid to preserve the constitutional value of
liberty. The writ of liberty runs through the fabric of the Constitution. The need to ensure fair
investigation of crime is undoubtedly important in itself, because it protects at one level, the
rights of the victim and, at a more fundamental level, the societal interest in ensuring that crime
is investigated and dealt in accordance with law. On the other hand, the misuse of the criminal
law is a matter of which the courts in this country must be alive.
7. Which of the following statements regarding human liberty is untrue?
(A) Liberty is a precious constitutional right.
(B) Liberty is a limited fundamental right.
(C) Liberty is a fragile concept.
(D) Liberty is an infrangible concept.
CORRECT OPTION: D
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8. The liberty of a citizen is alive because of lively _ _
(A) Media.
(B) Judiciary.
(C) Media and Judiciary.
(D) Executive and Legislature.
CORRECT OPTION: C
9. Consider the given statements.
(I) For seeking the intervention of the court, the petitioner has to prima facie establish that
the State agency has misused the force of criminal law which causes casualty for the
human liberty.
(II) The deprivation of liberty via rule by law is bearable up to twenty-four hours.
(A) Both (I) and (II) are true.
(B) Both (I) and (II) are untrue.
(C) (I) is true and (II) is untrue.
(D) (II) is true and (I) is untrue.
CORRECT OPTION: C
10. The fair investigation in a criminal trial is a guarantee ______
(A) Against arbitrariness.
(B) Of right to life and personal liberty.
(C) Against arbitrariness and of right to life and personal liberty.
(D) Of political justice.
CORRECT OPTION: C
11. Ensuring that the crime is fairly investigated and dealt in accordance with the rule of law,
is fundamentally a matter of_ _
(A) Legal interest.
(B) Social interest.
(C) Political interest.
(D) Economic interest.
CORRECT OPTION: B
12. In the given excerpt, for the protection of human liberty, the Court has given emphasis
on_______
(A) Role of society.
(B) Role of the courts at all levels.
(C) Balance between the due enforcement and preventing misuse of criminal law.
(D) Both (B) and (C).
CORRECT OPTION: D
The Supreme Court of India noted that it is a prevalent gender stereotype that women officers
find it challenging to meet the hazards of service owing to their prolonged absence during
pregnancy, motherhood and domestic obligations towards their children and families, as the
notion assumes that domestic obligations rest solely on women. Reliance on the „inherent
physiological differences between men and women‟ rests in a deeply entrenched stereotypical
and constitutionally flawed notion that women are the „weaker‟ sex and may not undertake
tasks that are „too arduous‟ for them. Arguments founded on the physical strengths and
weaknesses of men and women and on assumptions about women in the social context of
Page 3 of 30
marriage and family do not constitute a constitutionally valid basis for denying equal
opportunity to women officers. To deny the grant of permanent commission to women officers
on the ground that this would upset the „peculiar dynamics‟ in a unit casts an undue burden on
women officers which has been claimed as a ground for excluding women. If society holds
strong beliefs about gender roles, that men are socially dominant, physically powerful and the
breadwinners of the family and that women are weak and physically submissive, and primarily
caretakers confined to a domestic atmosphere, it is unlikely that there would be a change in
mindsets.
13. Which of the following judgments relating to equality of opportunity for women seeking
Permanent Commissions in the Indian Army is the excerpt taken from?
(A) Nawal Kishore Sharma v. Union of India, 2021 SCC OnLine SC 74.
(B) Aparna Bhat v. State of Madhya Pradesh, 2021 SCC OnLine SC 230.
(C) Ministry of Defence v. Babita Puniya, (2020) 7 SCC 469.
(D) Dipika Jagatram Sahani v. Union of India, (2021) 2 SCC 740.
CORRECT OPTION: C
14. Based on the given excerpt from a judgment, which of the following was not a direction
given by the Supreme Court of India?
(A) Women officers on Short Service Commission with more than twelve years of
service who do not opt for being considered for the grant of the Permanent
Commissions will be entitled to continue in service until they complete twenty-two
years of pensionable service.
(B) Short Service Commission women officers with over twenty years of service who
are not granted Permanent Commission shall retire on pension in terms of the policy
decision.
(C) All serving women officers on Short Service Commission shall be considered for
the grant of Permanent Commission irrespective of any of them having completed
fourteen years or, as the case may be, twenty years of service.
(D) Short Service Commission women officers who are granted Permanent Commission
in pursuance of the above directions will be entitled to all consequential benefits
including promotion and financial benefits.
CORRECT OPTION: A
15. That women officers would upset the dynamics in a unit is a/an_____ _ ground for
denying them permanent commission.
(A) Inevitable
(B) Strong
(C) Unreasonable
(D) Valid
CORRECT OPTION: C
16. Which of the following judgments is not related to equality of opportunity in matters of
public employment as guaranteed by the Constitution of India?
(A) Jaishri Laxmanrao Patil v. Chief Minister, 2021 SCC OnLine SC 362.
(B) Indra Sawhney v. Union of India, 1992 Supp (3) SCC 217.
(C) M. Nagraj v. Union of India, (2006) 8 SCC 212.
(D) Nisha Priya Bhatia v. Union of India, (2020) 13 SCC 56.
CORRECT OPTION: D
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17. Based on the given excerpt, which of the following is correct regarding blanket restriction
on women officers in Army?
(A) Equality should not ensure that where the action of the State does differentiate
between two classes of persons, it does not differentiate them in an unreasonable or
irrational manner.
(B) An absolute bar on women seeking criteria or command appointments would not
comport with the guarantee of equality under Article 14 of the Constitution of India.
(C) Where the Army as an instrumentality of the State, differentiates between women
and men, the burden does not fall on the Army to justify such differentiation with
reason.
(D) An absolute bar on women seeking criteria or command appointments would comply
with the guarantee of equality under Article 14 of the Constitution of India.
CORRECT OPTION: B
18. “The unrelenting continuation of this immoral practice, the globally shared understanding
that it constitutes a form of violence against women, and its potential to damage the very
fabric of gender equality and dignity that forms the bedrock of our Constitution are all
factors that categorically establish pre•natal sex determination as a grave offence with
serious consequences for the society as a whole.”
In which of the following cases was the above observation made?
(A) Amish Devgan v. Union of India, (2021) 1 SCC 1.
(B) S. Vanitha v. Deputy Commissioner, Bengaluru Urban District, 2020 SCC OnLine
SC 1023.
(C) Rekha Sengar v. State of Madhya Pradesh, (2021) 3 SCC 729.
(D) State of Orissa v. Mamata Sahoo, (2019) 7 SCC 486.
CORRECT OPTION: C
We may note that even though rights in land are no more a fundamental right, still it remains a
constitutional right under Article 300A of the Constitution of India, and the provisions of any
Act seeking to divest any person from the rights in property have to be strictly followed. The
right to property ceased to be a fundamental right; however, it continued to be a human right
in a welfare State, and a Constitutional right under Article 300A of the Constitution. Article
300A provides that no person shall be deprived of his property save by authority of law. The
State cannot dispossess a citizen of his property except in accordance with the procedure
established by law. The obligation to pay compensation, though not expressly included
in Article 300A, can be inferred in that Article. The State in exercise of its power of eminent
domain may interfere with the right of property of a person by acquiring the same but the same
must be for a public purpose and reasonable compensation therefor must be paid. The right to
property is recognised as a basic human right. It is accepted in every jurisprudence and by
different political thinkers that some amount of property right is an indispensable safeguard
against tyranny and economic oppression of the Government. Jefferson was of the view that
liberty cannot long subsist without the support of property. “Property must be secured; else
liberty cannot subsist” was the opinion of John Adams. Indeed, the view that property itself is
the seed bed which must be conserved if other constitutional values are to flourish is the
consensus among political thinkers and jurists.
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19. Right to property ceased to be a fundamental right by the
(A) Constitution (Sixty Ninth Amendment) Act, 1991.
(B) Constitution (Forty Second Amendment) Act, 1976.
(C) Constitution (Seventy First Amendment) Act, 1992.
(D) Constitution (Forty Fourth Amendment) Act, 1978.
CORRECT OPTION: D
20. In which of the following cases the Supreme Court of India held that provisions of law
seeking to divest the right provided under Article 300A of the Constitution of India must
be strictly construed?
(A) N. Padmamma v. S. Ramakrishna Reddy, (2008) 15 SCC 517.
(B) Tukaram Kana Joshi v. M.I.D.C., (2013) 1 SCC 353.
(C) P.S. Sadasivaswamy v. State of Tamil Nadu, (1975) 1 SCC 152.
(D) Jilubhai Nanbhai Khachar v. State of Gujarat, (1995) Supp. 1 SCC 596.
CORRECT OPTION: A
21. Right to property is a basic human right. Which of the following statements is true
regarding human rights?
(A) Human rights have been considered in the realm of individual rights such as right to
shelter, livelihood, health, employment, etc.
(B) Human rights have gained a multifaceted dimension.
(C) Human rights are statutory rights.
(D) Both (A) and (B).
CORRECT OPTION: D
22. „Eminent Domain‟ is defined as
(A) The power of sovereign to take public property for public use with the owner‟s
consent upon the payment of just compensation.
(B) The power of sovereign to take public property for private use without the owner‟s
consent upon the payment of just compensation.
(C) The power of sovereign to take property for public use without the owner‟s consent
upon the payment of just compensation.
(D) The power of sovereign to take property for public use with the owner‟s consent
upon the payment of just compensation.
CORRECT OPTION: C
23. According to which of the following jurists, property is the objective manifestation of the
personality of an individual?
(A) John Austin
(B) Georg Wilhelm Friedrich Hegel
(C) Jeremy Bentham
(D) Roscoe Pound
CORRECT OPTION: B
24. Which of the following statements is true regarding right to property?
(A) Right to property is recognised as part and parcel of the right to life and personal
liberty.
(B) Right to property is recognised as part and parcel of the right to carry on any
occupation, trade or business.
(C) Right to property is not a basic feature of the Constitution of India.
(D) Right to property is an inalienable right.
CORRECT OPTION: C
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The Supreme Court of India, in Sangitaben Shaileshbhai Datanta v. State of Gujarat, [2018
SCC OnLine SC 2300] was examining a question where a court, after grant of bail to an
accused, ordered the accused and their relatives to undergo scientific test viz. lie detector, brain
mapping and narco-analysis. This Court held that direction of the court to carry out such tests
is not only in contravention to the first principles of criminal law jurisprudence but also violates
statutory requirements. The Court held: “While adjudicating a bail application, Section 439 of
the Code of Criminal Procedure, 1973 is the guiding principle wherein Court takes into
consideration, inter alia, the gravity of the crime, the character of the evidence, position and
status of the accused with reference to the victim and witnesses, the likelihood of the accused
fleeing from justice and repeating the offence, the possibility of his tampering with the
witnesses and obstructing the course of justice and such other grounds. Each criminal case
presents its own peculiar factual matrix, and therefore, certain grounds peculiar to a particular
case may have to be taken into account by the court. However, the court has to only opine as
to whether there is prima facie case against the accused. The court must not undertake
meticulous examination of the evidence collected by the police, or rather order specific tests as
done in the present case. In the instant case, by ordering the abovementioned tests, the High
Court has converted the adjudication of a bail matter to that of a mini-trial indeed.”
25. In which of the following cases the Supreme Court of India held that the jurisdiction of
High Court under Section 439 of Code of Criminal Procedure, 1973 is related to grant or
denial of bail during pendency of trial?
(A) Chaman Lal v. State of Himachal Pradesh, 2020 SCC OnLine SC 988.
(B) Maheshwar Tigga v. State of Jharkhand, (2020) 10 SCC 108.
(C) State of Madhya Pradesh v. Bablu, (2014) 9 SCC 281.
(D) State rep. by the Inspector of Police v. M. Murugesan, (2020) 15 SCC 251.
CORRECT OPTION: D
26. Which of the following statements is true regarding the special powers of High Court
regarding bail under Section 439 of Code of Criminal Procedure, 1973?
(A) High Court may direct that any person who has been released on bail be arrested.
(B) High Court may undertake meticulous examination of the evidence collected by the
police.
(C) High Court may direct specific tests, such as narco-analysis to be conducted.
(D) High Court may pass any order in exercise of its inherent powers.
CORRECT OPTION: A
27. Which of the following statements is not true regarding the special powers of High Court
regarding bail under Section 439 of Code of Criminal Procedure, 1973?
(A) High Court may direct that any person accused of an offence and in custody be
released on bail.
(B) High Court may direct that any condition imposed by a Magistrate when releasing a
person on bail be set aside or modified.
(C) High Court may pass any order, which in the opinion of the court, could be in the
interest of justice and personal liberty of the arrested person.
(D) High Court may direct that any person who has been released on bail be arrested and
commit him to custody.
CORRECT OPTION: C
Page 7 of 30
28. While deciding an application for grant of bail, the court has to
(A) Conduct a mini-trial to ascertain whether there is prima facie case against the
accused.
(B) Opine as to whether there is prima facie case against the accused.
(C) Examine all witnesses to understand the possibility of the accused obstructing the
course of justice.
(D) Conduct a preliminary inquiry without taking cognizance of the offence.
CORRECT OPTION: B
29. Under Section 439 of Code of Criminal Procedure, 1973, the special powers regarding bail
may be exercised by
(A) High Court only.
(B) High Court or Court of Session.
(C) High Court or Court of Session or Judicial Magistrate First Class.
(D) High Court or Court of Session or any Magistrate.
CORRECT OPTION: B
30. Under Section 439 of Code of Criminal Procedure, 1973, the Court may impose any
condition which it considers necessary while releasing an arrested person on bail, if the
alleged offence(s) is
(A) Offence against the State or offence against public tranquillity.
(B) Offence affecting the human body or offence against property.
(C) Offence against the State or offence against public tranquillity or offence affecting
the human body.
(D) Offence against the State or offence affecting the human body or offence against
property.
CORRECT OPTION: D
There is a general presumption that every Hindu family is presumed to be joint unless the
contrary is proved. It is open even if one coparcener has separated, to the non -separating
members to remain joint and to enjoy as members of a joint family. The protection of rights of
daughters as coparcener is envisaged in the substituted Section 6 of Hindu Succession Act,
1956 recognises the partition brought about by a decree of a court or effected by a registered
instrument. A special definition of partition has been carved out in the Explanation. The
intendment of the provisions is not to jeopardise the interest of the daughter and to take care of
sham or frivolous transaction set up in defence unjustly to deprive the daughter of her right as
coparcener and prevent nullifying the benefit flowing from the provisions as substituted. The
intendment of Section 6 of the Act is only to accept the genuine partitions that might have taken
place under the prevailing law, and are not set up as a false defence and only oral ipse dixit is
to be rejected outrightly. It has to be remembered that the courts cannot defeat the object of the
beneficial provisions made by the Amendment Act. The exception is carved out by us as earlier
execution of a registered document for partition was not necessary, and the court was rarely
approached for the sake of family prestige. The statutory fiction of partition created by the
proviso to Section 6 of the Hindu Succession Act, 1956 as originally enacted did not bring
about the actual partition or disruption of coparcenary. The fiction was only for the purpose of
ascertaining share of deceased coparcener when he was survived by a female heir, of Class I
as specified in the Schedule to the 1956 Act or male relative of such female. The provisions of
the substituted Section 6 are required to be given full effect.
Page 8 of 30
31. Which of the following judgments is not related to property rights of daughter as a
coparcener under Hindu law?
(A) Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1.
(B) Danamma v. Amar, (2018) 3 SCC 343.
(C) Prakash v. Phulavati, (2016) 2 SCC 36.
(D) Kalindi Damodar Garde v. Manohar Laxman Kulkarni, (2020) 4 SCC 335.
CORRECT OPTION: D
32. Based on the given excerpt from a judgment, which of the following statements is not
correct in relation to Section 6 of the Hindu Succession (Amendment) Act, 2005?
(A) It deals with devolution of interest in coparcenary property.
(B) A daughter will not be subject to the same liabilities in respect of the said
coparcenary property as that of a son.
(C) A daughter becomes a coparcener in her own right in the same manner as the son.
(D) A daughter shall have the same rights in the coparcenary property as she would have
had if she had been a son.
CORRECT OPTION: B
33. Which of the following is the doctrine of legal fiction created to ascertain the share of the
deceased in a joint property?
(A) Doctrine of Notional Partition
(B) Doctrine of Factum Valet
(C) Doctrine of General Partition
(D) Doctrine of Partial Partition
CORRECT OPTION: A
34. Which of the following is related to the judgment of Kiran Devi v. the Bihar State Sunni
Wakf Board, [2021 SCC OnLine SC 280]?
(A) Mediation in Matrimonial Matters
(B) Joint Custody
(C) Presumption of Hindu Joint Family Property
(D) Guardianship of a minor
CORRECT OPTION: C
35. As per the given excerpt from a judgment, which of the following is correct in relation to
the living status of a father in ensuring coparcenary property rights to a daughter?
(A) The coparcenary rights can be claimed by the daughter born earlier with effect from
September 9, 2005 with savings as provided in Section 6(1) of the Hindu Succession
(Amendment) Act, 2005.
(B) Since the right in coparcenary to a daughter is by birth, it is necessary that father
coparcener should be living as on September 9, 2005.
(C) Living status of father is a pre-condition for coparcenary rights to a daughter.
(D) Since the right in coparcenary to a daughter is by birth, it is not necessary that father
coparcener should be living as on September 9, 2005.
CORRECT OPTION: D
Page 9 of 30
36. In which of the following judgments was it held that a Hindu joint family is presumed to
be joint in food, worship and estate unless the contrary is proved?
(A) Shanti Devi v. Union of India, (2020) 19 SCC 766.
(B) Rachna v. Union of India, 2021 SCC OnLine SC 140.
(C) Adiveppa v. Bhimappa, (2017) 9 SCC 586.
(D) Harshit Agarwal v. Union of India, (2021) 2 SCC 710.
CORRECT OPTION: C
The Supreme Court of India has held that it is a cardinal principle of the law of contract that
the offer and acceptance of an offer must be absolute. It can give no room for doubt. The offer
and acceptance must be based or founded on three components, that is, certainty, commitment
and communication. However, when the acceptor puts in a new condition while accepting the
contract already signed by the proposer, the contract is not complete until the proposer accepts
that condition, as held by the Court in Haridwar Singh v. Bagun Sumbrui, [AIR 1972 SC 1242].
An acceptance with a variation is no acceptance. It is, in effect and substance, simply a counter
proposal which must be accepted fully by the original proposer, before a contract is made.
37. Based on the given excerpt, which of the following judgments is related to acceptance of
a conditional offer?
(A) State of Punjab v. Davinder Singh, (2020) 8 SCC 1.
(B) Padia Timber Co. Pvt. Ltd. v. Board of Trustees of Visakhapatnam Port Trust, (2021)
3 SCC 24.
(C) Sonu v. Sonu Yadav, 2021 SCC OnLine SC 286.
(D) Akshay Kumar Singh v. State (NCT of Delhi), (2020) 3 SCC 431.
CORRECT OPTION: B
38. „The acceptance must match with the terms of offer‟. The given statement is known as
(A) Doctrine of Promissory Estoppel
(B) Doctrine of Privity of Contract
(C) Mirror Rule
(D) Postal Rule
CORRECT OPTION: C
39. Which of the following judgments relates to postal rule in a contract?
(A) Central Inland Water Transport Corpn v. Brojo Nath Ganguly, AIR 1986 SC 1571.
(B) Kanchan Udyog Ltd. v. United Spirits Ltd., (2017) 8 SCC 237.
(C) Energy Watchdog v. Central Electricity Regulatory Commission, (2017) 14 SCC 80.
(D) Bhagwandas Goverdhandas Kedia v. M/s. Girdharilal Parshottamdas, AIR 1966 SC
543.
CORRECT OPTION: D
40. Based on the given excerpt, which of the following is correct?
(A) If the acceptance is conditional, offer can be withdrawn at any moment until absolute
acceptance has taken place.
(B) If the acceptance is conditional or is not final, then there is a concluded contract.
(C) If there is no concluded contract, still the liability to pay damages may arise.
(D) If the acceptance is conditional, offer cannot be withdrawn at any moment until
absolute acceptance has taken place.
CORRECT OPTION: A
Page 10 of 30
41. The University sent a letter regarding the offer of appointment to Mr. X at his postal
address on June 10, 2021. However, Mr. X received a lead about the dispatch of offer of
appointment from his friend, Mr. Y, who is an employee of the University. Upon knowing
about the offer, Mr. X sent his acceptance through e-mail at the official e-mail id of the
University. Later, due to restrictions guidelines issued by the appropriate authority during
the COVID-19 pandemic, Mr. X failed to receive the letter sent by the University whereas,
it was specifically mentioned that the communication for acceptance was to be sent in
writing through postal service at the official address of the University and no other mode
of communication would be accepted.
Based on the given facts, which of the following is correct?
(A) Acceptance before completion of delivery of offer is valid.
(B) Acceptance before completion of delivery of offer is not valid.
(C) A contract is always valid irrespective of completion of offer.
(D) Acceptance by Mr. X results in a valid contract.
CORRECT OPTION: B
42. Which of the following is correct about acceptance of offer in a contract?
(A) The intention of the offeree to accept may or may not be expressed with such
certainty.
(B) An absolute and unqualified acceptance can never be inferred from the conduct of
the offeree.
(C) When there is a variation between the offer and acceptance even in respect of any
material term, acceptance can be said to be absolute and it results in the formation
of a legal contract.
(D) An absolute and unqualified acceptance may be inferred from the conduct of the
offeree.
CORRECT OPTION: D
The right to self-determination and bodily integrity has been recognised by the Supreme Court
of India. The right to execute an Advance Medical Directive is nothing but a step towards
protection of the aforesaid right by an individual, in event he becomes incompetent to take an
informed decision, in particular stage of life. It has to be recognised by all including the States
that a person has right to execute an Advance Medical Directive to be utilised to know his
decision regarding manner and extent of medical treatment given to his body, in case he is
incapacitated to take an informed decision. Such right by an individual does not depend on any
recognition or legislation by a State and we are of the considered opinion that such rights can
be exercised by an individual in recognition and in affirmation of his right of bodily integrity
and self-determination which are duly protected under Article 21 of the Constitution. The
procedure and manner of such expression of such right is a question which needs to be
addressed to protect the vulnerable, infirm and old from any misuse. It is the duty of the State
to protect its subjects specially those who are infirm, old and need medical care. The duty of
doctor to extend medical care to the patients, who come to them in no manner diminishes in
any manner by recognition of concept that an individual is entitled to execute an Advance
Medical Directive. The physicians and medical practitioners treating a person, who is
incompetent to express an informed decision have to act in a manner so as to give effect to the
express wishes of an individual.
Page 11 of 30
43. Based on the given excerpt, which of the following judgments relates to euthanasia?
(A) Common Cause v. Union of India, (2018) 5 SCC 1.
(B) Santosh Singh v. Union of India, (2016) 8 SCC 253.
(C) Anuj Garg v. Hotel Association of India, (2008) 3 SCC 1.
(D) Madhu Kishwar v. State of Bihar, (1996) 5 SCC 125.
CORRECT OPTION: A
44. Based on the given excerpt, which of the following is not correct regarding an Advance
Medical Directive?
(A) The purpose and object is to express the choice of a person regarding medical
treatment in an event when he loses capacity to take a decision.
(B) Right of execution by an individual does not depend on any recognition or legislation
by a state.
(C) It is also known as a living will.
(D) Right of execution by an individual depends on recognition or legislation by a state.
CORRECT OPTION: D
45. Which of the following is not correct as per the Supreme Court judgment in Gian Kaur v.
State of Punjab, [(1996) 2 SCC 648]?
(A) Right to life does not include right to die.
(B) Right to life is a natural right embodied in Article 21 but suicide is an unnatural
termination or extinction of life, and therefore, incompatible and inconsistent with
the concept of right to life.
(C) Section 309 of the Indian Penal Code, 1860 was held constitutional.
(D) Right to life includes right to die.
CORRECT OPTION: D
46. In the judgment referred in the excerpt, which of the following was not held by the
Supreme Court of India?
(A) A person of competent mental faculty is entitled to execute an Advance Medical
Directive in accordance with the safeguards.
(B) An adult human being having mental capacity to take an informed decision has right
to refuse medical treatment including withdrawal from life saving devices.
(C) An adult human being having mental capacity to take an informed decision has no
right to refuse medical treatment including withdrawal from life saving devices.
(D) In case of incompetent patients, „the best interest principle‟ will be applied and such
decision will be taken by specified competent medical experts.
CORRECT OPTION: C
47. Which of the following judgments does not relate to the constitutionality of right to die?
(A) Aruna Ramchnadra Shanbaug v. Union of India, (2011) 4 SCC 454.
(B) D.S. Grewal v. Vimmi Joshi, (2009) 2 SCC 210.
(C) Maruti Shripati Dubal v. State of Maharashtra, 1986 SCC OnLine Bom 278.
(D) P. Rathinam v. Union of India, (1994) 3 SCC 394.
CORRECT OPTION: B
48. Which of the following is not correct regarding passive euthanasia as per the judicial
precedents in India?
(A) It is legally permissible in India.
(B) It is legally not permissible in India.
(C) Passive euthanasia entails withholding of medical treatment for continuance of life.
(D) Passive euthanasia is to avoid a prolonged agony.
CORRECT OPTION: B
Page 12 of 30
Courts must be open both in the physical and metaphorical sense. Save and except for in -
camera proceedings in an exceptional category of cases, such as cases involving child sexual
abuse or matrimonial proceedings bearing on matters of marital privacy, our legal system is
founded on the principle that open access to courts is essential to safeguard valuable
constitutional freedoms. The concept of an open court requires that information relating to a
court proceeding must be available in the public domain. An open court proceeding ensures
that the judicial process is subject to public scrutiny. Public scrutiny is crucial to maintaining
transparency and accountability. However, there are certain exceptions to the rule of open
courts in India. While emphasising the importance of public trial, it cannot be overlooked that
the primary function of the judiciary is to do justice between the parties who bring their causes
before it. If a Judge trying a cause is satisfied that the very purpose of finding truth in the case
would be retarded, or even defeated if witnesses are required to give evidence subject to public
gaze, is it or is it not open to him in exercise of his inherent power to hold the trial in camera
either partly or fully? If the primary function of the court is to do justice in causes brought
before it, then on principle, it is difficult to accede to the proposition that there can be no
exception to the rule that all causes must be tried in open court. The exceptions must be
exercised with great caution and it is only if the court is satisfied beyond a doubt that the ends
of justice themselves would be defeated if a case is tried in open court that it can pass an order
to hold the trial in camera.
49. In which of the following cases the Supreme Court of India held, “… even if the press is
present, if individual members of the public are refused admission, the proceedings cannot
be considered to go on in open courts”?
(A) State of Maharashtra v. Dr. Praful B. Desai, (2003) 4 SCC 601.
(B) A.M Mathur v. Pramod Kumar Gupta, (1990) 2 SCC 533.
(C) Mohammed Shahabuddin v. State of Bihar, (2010) 4 SCC 653.
(D) Dr. Raghubir Saran v. State of Bihar, (1964) 2 SCR 336.
CORRECT OPTION: C
50. In which of the following cases did the Supreme Court of India, while noting that live -
streaming of court cases is an extension of the principle of open courts, remarked, “sunlight
is the best disinfectant”?
(A) Swapnil Tripathi v. Supreme Court of India, (2018) 10 SCC 639.
(B) Chief Election Commissioner of India v. M.R. Vijayabhaskar, 2021 SCC OnLine
SC 364.
(C) M.K. Ranjitsinh v. Union of India, 2021 SCC OnLine SC 326.
(D) Aparna Bhat v. State of Madhya Pradesh, 2021 SCC OnLine SC 230.
CORRECT OPTION: A
51. Which of the following statements is true regarding significance of open courts?
(A) It is pertinent that the public be informed regarding the working of courts of justice.
(B) Public trial in open court is detrimental to healthy, objective and fair administration
of justice.
(C) Trial held subject to the public scrutiny and gaze is conducive to judicial caprice or
vagaries.
(D) Publicity is the very soul of justice as it keeps the Judge himself while trying under
trial.
CORRECT OPTION: D
Page 13 of 30
52. Which of the following statements is not true regarding the applicability of rule of open
courts?
(A) Fair administration of justice is a means to ensure public trial, not an end.
(B) In case of a conflict between fair administration of justice and public trial, public
trial may have to be regulated in the interest of administration of justice.
(C) Open court principle is not an inflexible and universal rule.
(D) Exceptions to rule of open courts ensure that justice is never defeated.
CORRECT OPTION: A
53. Which of the following provisions of Cr.P.C. provides that as a general rule, criminal
courts shall be deemed to be open courts?
(A) Section 237(1)
(B) Section 353(1)
(C) Section 327(1)
(D) Section 274(1)
CORRECT OPTION: C
54. The prevalence of which of the following among public is/are obstacles to the effective
implementation of the open court principle?
(A) Technological dexterity.
(B) Lack of knowledge gained during court proceedings.
(C) Lack of awareness about court proceedings.
CORRECT OPTION: C
Judges can play a significant role in ridding the justice system of harmful stereotypes. They
have an important responsibility to base their decisions on law and facts in evidence, and not
engage in gender stereotyping. The Supreme Court of India observed that recently, the Courts
across the country, have started imposing irrelevant conditions while granting bail. The
conditions that can be imposed under the law are clearly laid down in the Code of Criminal
Procedure, 1973 and by the Supreme Court through its various decisions. Accordingly, it is
clear that imposing conditions like rendering community service in COVID hospitals or in any
other institution, plantation of trees, contributing to any particular charity relief fund, etc. is
impermissible in law. While deciding a bail application, accused cannot assume the role of a
social reformer or fund raiser for charities and imposed with conditions which have no nexus
with the offence or relevance with the object of the bail provisions. During pendency of the
trial accused is presumed innocent and his guilt is yet to be adjudicated by the Court. Imposing
irrelevant conditions is violative of the right to equality and personal liberty, including
procedure established by law. Such wide prevalence necessitates the urgent intervention of the
court to declare that such remarks are unacceptable and have the potential to cause grave harm
to the prosecutrix and the society at large; and to issue directions on gender sensitization of the
bar and the bench, particularly with regard to judicial empathy for the prosecutrix…judicial
stereotyping is a common and pernicious barrier to justice, particularly for women victims and
survivors of violence. Such stereotyping causes judges to reach a view about cases based on
preconceived beliefs, rather than relevant facts and actual enquiry. This requires judges to
identify gender stereotyping, and identify how the application, enforcement or perpetuation of
these stereotypes discriminates against women or denies them equal access to justice.
Page 14 of 30
55. The review of the given excerpt highlights the prevailing problem of
(A) Imposing non-statutory conditions by the courts while granting bail applications.
(B) Lack of gender sensitization of the bar and the bench, particularly with regard to
judicial empathy for the prosecutrix.
(C) Both (A) and (B).
(D) Judges are not aware about the bail provisions.
CORRECT OPTION: C
(I) Judges play a vital role at all levels as teachers to the entire legal community and the
public.
(II) Courts should desist from expressing any gender stereotyped opinion during
proceedings or in the course of a judicial order.
CORRECT OPTION: A
57. Which of the following conditions cannot be imposed by the court for granting bail?
(A) Conditions prescribed under the Code of Criminal Procedure, 1973 f or granting bail.
(B) Conditions in conformity with the guidelines laid down by the Supreme Court for
granting bail.
(C) Conditions which suit the case after examining the credibility and culpability of the
accused with the subjective satisfaction of the judge granting bail.
CORRECT OPTION: C
58. Imposing irrelevant conditions which have no nexus with the offense or relevance to the
object of the bail provisions may violate
(A) Right to equality.
(B) Right to life and personal liberty.
(C) Judicial independence.
CORRECT OPTION: D
59. Which of the following is not a gender stereotyped statement?
(A) Women are emotional and often overreact or dramatize events, hence it is necessary
to corroborate their testimony.
(B) Lack of evidence of physical harm in sexual offence cases leads to an inference of
consent by the woman.
(C) Men are the head of the household and should take all the decisions relating to
family.
(D) Women are capable of taking decisions on their own.
CORRECT OPTION: D
Page 15 of 30
(I) Judicial stereotyping adds to judicial decision a view based on real social facts and
cultural enquiry.
(II) Judicial stereotyping is a barrier to justice, particularly for women victims.
CORRECT OPTION: D
Section 311 of the Code of Criminal Procedure, 1973 (CrPC) provides that any Court may, at
any stage of any inquiry, trial or other proceedings under the CrPC, summon any person as a
witness, or examine any person in attendance, though not summoned as a witness, or recall and
re-examine any person already examined and the Court shall summon and examine or recall
and re-examine any such person „if his evidence appears to it to be essential to the just decision
of the case‟. The true test, therefore, is whether it appears to the Court that the evidence of such
person who is sought to be recalled is essential to the just decision of the case. The scope and
object of the provision is to enable the court to determine the truth and to render a just decision
after discovering all relevant facts and obtaining proper proof of such facts, to arrive at a just
decision of the case. Power must be exercised judiciously and not capriciously or arbitrarily,
as any improper or capricious exercise of such power may lead to undesirable results.
The power conferred under Section 311 of the CrPC must therefore, be invoked by the court
only in order to meet the ends of justice, for strong and valid reasons, and the same must be
exercised with great caution and circumspection.
61. In which of the following cases the Supreme Court of India held that an application under
Section 311 of the Code of Criminal Procedure, 1973 could not be rejected on the sole
ground that the case had been pending for an inordinate amount of time, in that case, for
ten years?
(A) Mina Lalita Baruwa v. State of Orissa, (2013) 16 SCC 173.
(B) Manju Devi v. State of Rajasthan, (2019) 6 SCC 203.
(C) Natasha Singh v. Central Bureau of Investigation, (2013) 5 SCC 741.
(D) Rajaram Prasad Yadav v. State of Bihar, (2013) 14 SCC 461.
CORRECT OPTION: B
62. The power conferred upon a criminal court by Section 311 of the Code of Criminal
Procedure, 1973 is
(A) Mandatory.
(B) Discretionary.
(C) Permissive.
CORRECT OPTION: D
63. If it appears to the court that an application under Section 311 of the Code of Criminal
Procedure, 1973 has been filed only to fill up a lacuna in the case of the prosecution
or the defence, should the court allow such application?
(A) Yes
(B) No
(C) Depends on the evidence adduced in the case.
(D) Depends on the facts of the case.
CORRECT OPTION: B
Page 16 of 30
64. In which of the following circumstances should an application under Section 311 of the
Code of Criminal Procedure, 1973 be allowed by the court?
(A) When allowing the application enables the court to determine the truth and to render
a just decision.
(B) When allowing the application causes serious prejudice to the defence of the
accused.
(C) When allowing the application gives an unfair advantage to the opposite party.
CORRECT OPTION: A
65. Section 311 of the Code of Criminal Procedure, 1973 imposes a duty on the Court to
(A) Determine the truth after discovering all relevant facts and obtaining proper
proof of such facts.
(B) Render a just decision after discovering all relevant facts and obtaining proper
proof of such facts.
(C) Discover all relevant facts and obtain proper proof of such facts.
(D) Simultaneously determine the truth and render a just decision.
CORRECT OPTION: D
66. When a court summons any person as a witness upon allowing an application made by the
accused under Section 311 of the Code of Criminal Procedure, 1973, which of the
following statements is correct?
(A) An opportunity of rebuttal must not be given to the prosecution.
(B) An opportunity of rebuttal must be given to the prosecution.
(C) There is no question of rebuttal as the witness has been summoned by the court.
(D) Whether opportunity of rebuttal is given to the prosecution or not is matter of
discretion of the court.
CORRECT OPTION: B
Torture is a form of crudity and a barbarity which appals modern civilisation. The right to
freedom from torture is enshrined in number of human rights instruments which provide for
protection of all individuals from being intentionally subjected to severe physical or
psychological distress by, or with the approval or acquiescence of government agents acting
for a specific purpose, such as to obtain information. The issues of fake encounters; illegal,
unjustified and unwarranted arrests without any valid ground; eliciting confession from
innocent persons for offences which they have never committed, by way of custodial violence;
etc., have always been subject-matters of consideration by the Indian courts. Police atrocities
in India had always been a subject-matter of controversy and debate. In view of the provisions
of Article 21 of the Constitution of India, any form of torture or cruel, inhuman or degrading
treatment is inhibited. Torture is not permissible whether it occurs during investigation,
interrogation or otherwise. The State must protect victims of torture and ill-treatment.
Therefore, the State must ensure prohibition of torture, cruel, inhuman and degrading treatment
to any person, particularly at the hands of any State agency/police force. Tolerance of police
atrocities amounts to acceptance of systematic subversion and erosion of the rule of law.
67. India has _______ the United Nations Convention Against Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment (1987).
(A) Signed and ratified
(B) Signed but not ratified
(C) Not signed
(D) Passed a resolution to ratify
CORRECT OPTION: B
Page 17 of 30
68. Which of the following is the legislation proposed by the Law Commission of India
through its Report No. 273 on „Implementation of United Nations Convention against
Torture and other Cruel, Inhuman and Degrading Treatment or Punishment through
Legislation‟ in October 2017?
(A) The Prevention of Torture Bill, 2017.
(B) The Prohibition of Torture and other Cruel, Inhuman and Degrading Treatment or
Punishment Bill, 2017.
(C) The United Nations Convention against Torture and other Cruel, Inhuman and
Degrading Treatment or Punishment (Implementation) Bill, 2017.
(D) The Prohibition of Custodial Torture Bill, 2017.
CORRECT OPTION: A
69. Which of the following provisions of the Constitution of India provide for protection of
persons from torture, other cruel, inhuman and degrading treatment?
(A) Article 20(3) and Article 21.
(B) Article 21 and Article 22(1).
(C) Article 21 and Article 22(2).
(D) Article 20(3), Article 21, Article 22(1) and Article 22(2).
CORRECT OPTION: D
70. In which of the following cases did the Supreme Court of India, while dealing with a case
in which a successful scientist having national reputation had been taken into police
custody without any justifying cause, reprimanded the lackadaisical attitude of the police
for the arrest which made the scientist to suffer ignominy, and awarded compensation of
Rs.50 lakhs “to compensate the suffering, anxiety and the treatment by which the
quintessence of life and liberty under the Constitution withers away”?
(A) Sheela Barse v. State of Maharashtra, (1983) 2 SCC 96.
(B) State of Andhra Pradesh v. Challa Ramakrishna Reddy, (2000) 5 SCC 712.
(C) S. Nambi Narayanan v. Siby Mathews, (2015) 14 SCC 664.
(D) State of Andhra Pradesh v. N. Venugopal, AIR 1964 SC 33.
CORRECT OPTION: C
71. Which of the following statements is true regarding „arrest‟ and „custody‟?
(A) In every custody, there is arrest but not vice versa, and both the words „custody‟ and
„arrest‟ are not synonymous terms.
(B) In every custody, there is arrest but not vice versa, and both the words „custody‟ and
„arrest‟ are interchangeable terms.
(C) In every arrest, there is custody but not vice versa, and both the words „custody‟ and
„arrest‟ are not synonymous terms.
(D) In every arrest, there is custody but not vice versa, and both the words „custody‟ and
„arrest‟ are interchangeable terms.
CORRECT OPTION: C
72. In which of the following cases did the Supreme Court of India, while dealing with the
case of a social activist who agitated against the issue of exploitation of people belonging
to poor and marginalised sections of the society and was falsely roped in criminal cases,
arrested and physically assaulted in police custody, noted, “If the functionaries of the
Page 18 of 30
Government become law-breakers, it is bound to breed contempt for law and would
encourage lawlessness and every man would have the tendency to become law unto
himself thereby leading to anarchy.”?
(A) Mehmood Nayyar Azam v. State of Chhattisgarh, (2012) 8 SCC 1.
(B) Ramlila Maidan Incident, In re, 2012 (5) SCC 1.
(C) Anuradha Bhasin v. Union of India, (2020) 3 SCC 637.
(D) Nisha Priya Bhatia v. Union of India, (2020) 13 SCC 56.
CORRECT OPTION: A
Conceptually, extradition is a rather complex jurisprudential zone as it has encompassed within
itself various trajectories of apparently conflicting ideas. Generally, a State‟s criminal
jurisdiction extends over offences committed within its geographical boundaries but it is the
common experience of all the countries that often a criminal committing an offence in one
country flees to another country and thus seeks to avoid conviction and the consequential
punishment. This poses a threat in all civilised countries to a fair adjudication of crime and
sustaining the constitutional norms of rule of law. To remedy such anomalous and unjust
situation, extradition has been evolved by way of international treaty obligation which ensures
a mode of formal surrender of an accused by one country to another based on reciprocal
arrangements. In India, extradition has not been defined under the Extradition Act, 1962.
However, extradition has been defined as: „… the surrender by one nation to another of an
individual accused or convicted of an offence outside of its own territory, and within the
territorial jurisdiction of the other, which, being competent to try and to punish him, demands
the surrender.‟ But extradition is different from deportation by which competent State
authorities order a person to leave a country and prevent him from returning to the same
territory. Extradition is also different from exclusion, by which an individual is prohibited from
staying in one part of a sovereign State. Both deportation and exclusion basically are non-
consensual exercise whereas extradition is based on a consensual treaty obligation between the
requesting State and the requested State.
73. Which of the following is the underlying basis for extradition?
(A) It is in the interest of civilised communities that criminals should not go unpunished.
(B) It is recognised as a part of the comity of nations that one State should ordinarily
afford to another State assistance towards bringing offenders to justice.
(C) It is unjust to surrender to a foreign country a person accused of having committed
a crime there for trial in accordance with the system for the administration of justice
prevailing in that country because that system is substantially different.
CORRECT OPTION: D
74. According to the provisions of the Extradition Act, 1962, where there is no extradition
treaty made by India with a foreign State, which of the following is correct?
(A) The Central Government may, by notified order, treat any Convention to which India
and the foreign State are parties, as an extradition treaty made by India with that
foreign State.
(B) The Central Government may, by law, treat any Convention to which India is a party,
as an extradition treaty made by India with that foreign State.
(C) The Central Government may, by notified order, treat the pari materia provisions of
the statutes of both States relating to extradition, as an extradition treaty made by
India with that foreign State.
(D) Extradition is not permissible.
CORRECT OPTION: A
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75. Because of the negative attitude of ______ _on the subject of extradition, it is by and
large dealt with by bilateral treaties.
(A) Multilateral treaties
(B) Customary international law
(C) Jus cogens
(D) General principles of international law
CORRECT OPTION: B
76. Which of the following rules is generally followed in extradition by the requested State
vis-à-vis the nature of criminal justice system in the requesting State?
(A) Rule of reciprocity
(B) Rule of non-inquiry
(C) Rule of specialty
(D) Rule of double criminality
CORRECT OPTION: B
77. “Whether or not the fugitive who has been extradited would have a standing to complaint
of the judicial process in the requesting State after extradition has been done, independent
of the position taken by the requested State, is a debatable issue.” The given statement
relates to the debates in international law concerning_
(A) The position of an individual as a subject of international law, and the obligation of
States towards individuals.
(B) The position of State as a subject of international law, and the obligation of
individuals in international law.
(C) The position of an individual as a subject of State, and the obligation of States in
international law.
(D) The position of an individual as a subject of international law, and the obligation of
individuals not in domestic law.
CORRECT OPTION: A
78. According to the given passage, which of the following is not a similarity between
„deportation‟ and „exclusion‟?
(A) Both are non-consensual exercises and not consensual treaty obligations.
(B) Both relate to ordering a person to move outside a territory.
(C) Both are precursors to extradition.
(D) Both are acts of sovereign States.
CORRECT OPTION: C
It is well settled that while taking a decision regarding custody or other issues pertaining to a
child, welfare of the child is of paramount consideration, not rights of the parents under a statute
for the time being in force. In Rosy Jacob v. Jacob A. Chakramakkal, [(1973) 1 SCC 840], the
Court held that object and purpose of the Guardians and Wards Act 1890 is not merely physical
custody of the minor but due protection of the rights of ward‟s health, maintenance and
education. In considering the question of welfare of minor, due regard has to be given to the
right of the father as natural guardian, but if the custody of the father cannot promote the
welfare of the children, he may be refused such guardianship. The word “welfare” has to be
construed literally and must be taken in its widest sense. The moral and ethical welfare of the
child must also weigh with the court as well as its physical well-being. Though the provisions
of the special statutes which govern the rights of the parents or guardians may be taken into
consideration, there is nothing which can stand in the way of the court exercising its parens
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patriae jurisdiction arising in such cases. Every child has right to proper health and education
and it is the primary duty of the parents to ensure that child gets proper education. The courts
in exercise of parens patriae jurisdiction have to decide such delicate questions. It has to
consider the welfare of the child as of paramount importance taking into consideration other
aspects of the matter including the rights of parents also.
79. In which of the following judgments was the constitutionality of Section 6(a) of the Hindu
Minority and Guardianship Act, 1956 challenged?
(A) Lily Thomas v. Union of India, (2000) 6 SCC 224.
(B) Narayan Ganesh Dastane v. Sucheta Narayan Dastane, 1975 SCR (3) 967.
(C) Githa Hariharan v. Reserve Bank of India, (1999) 2 SCC 228.
(D) Bipin Chander Jaisinghbhai Shah v. Prabhawati, 1956 SCR 838.
CORRECT OPTION: C
80. The natural guardian of a Hindu minor is
(A) Neither father nor mother.
(B) Both father and mother.
(C) Mother
(D) Father
CORRECT OPTION: D
81. Which of the following judgments does not relate to the welfare of minor being of
paramount consideration?
(A) Mauami Moitra Ganguli v. Jayant Ganguli, (2008) 7 SCC 673.
(B) Revanasiddappa v. Mallikarjun, (2011) 11 SCC 1.
(C) Gaurav Nagpal v. Sumedha Nagpal, (2009) 1 SCC 42.
(D) Jitender Arora v. Sukriti Arora, (2017) 3 SCC 726.
CORRECT OPTION: B
82. The natural guardian of an adopted child as per Hindu law is
(A) Adoptive father.
(B) Adoptive mother.
(C) Adoptive father and adoptive mother.
(D) Neither adoptive father nor adoptive mother.
CORRECT OPTION: A
83. Which of the following is not correct regarding the parens patriae jurisdiction?
(A) It is to secure the welfare of minor.
(B) Welfare of minor is of paramount consideration.
(C) It is not to secure the welfare of minor.
(D) Court is called upon in parens patriae to decide the best interest of the child.
CORRECT OPTION: C
84. Which of the following judgments relates to the concept of shared parenting?
(A) Yashita Sahu v. State of Rajasthan, (2020) 3 SCC 67.
(B) Anurag Mittal v. Shaily Mishra Mittal, (2018) 9 SCC 691.
(C) Amardeep Singh v. Harveen Kaur, 2017 (8) SCC 746.
(D) Babu Ram v. Santokh Singh, (2019) 14 SCC 162.
CORRECT OPTION: A
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A question regarding the scope of Section 212 of the Companies Act, 2013 was considered in
Serious Fraud Investigation Office v. Rahul Modi, [2019 SCC OnLine SC 423]. The court
observed that the Central Government is empowered under Section 212(1)(c) of the Companies
Act, 2013 to order investigation into the affairs of a company in public interest by the Serious
Fraud Investigation Office (SFIO). Section 212(3) of the Companies Act provides that the
investigation orders are required to be completed within the specified time. If it not so done,
what should be the consequences and whether further proceedings or investigations shall be
unlawful. The provision has to be seen in the context in which it occurs in the statute. Therefore,
the stipulation of Section 212(3) regarding submission of the report „within such period as may
be specified in the order‟ is not to be taken as mandatory, but as purely directory. On the
objective interpretation of the statutory provision, it cannot be said that on the expiry of that
period the mandate in favour of SFIO must come to an end. If it was to come to an end, the
legislation would have contemplated certain results thereof. In the absence of any clear
stipulation, an interpretation that with the expiry of the period, the investigation must come to
an end, will cause great violence to the scheme of legislation and with the expiry of mandate
SFIO would also be powerless which would lead to an incongruous situation that serious frauds
would remain beyond investigation.
85. As per the provision of Section 211(3) of the of the Companies Act, 2013, Director of
Serious Fraud Investigation Office, shall be an officer not below the rank of a Joint
Secretary to the Government of India having knowledge and experience in dealing with
matters relating to corporate affairs. The nature of the provision is
(A) Mandatory
(B) Purely directory
(C) Elective
(D) Non-binding
CORRECT OPTION: A
86. Which principle of interpretation has been adopted by the court for the interpretation of
Section 212(3) of the Companies Act, 2013?
(A) Literal
(B) Liberal
(C) Strict
(D) Both (A) and (C).
CORRECT OPTION: B
87. The court has considered that the investigation beyond the time prescribed in the order of
investigation shall be
(A) Void
(B) Valid
(C) Irregular
(D) Unconstitutional
CORRECT OPTION: B
88. As per the given excerpt, a strict interpretation of expression „within such period as may
be specified in the order‟ will
(A) Attain the intention of the legislation.
(B) Defeat the intention of the legislation.
(C) Not prejudice the functions of the Serious Fraud Investigation Office.
CORRECT OPTION: B
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89. Considering the expression of Section 212(6) of the Companies Act, 2013, an offence
under Section 447 of the Companies Act, 2013 shall be
(A) Cognizable
(B) Non-cognizable
(C) Non-bailable
CORRECT OPTION: D
90. The expression „officers and employees‟ under Section 212(5) of the of the Companies
Act, 2013 denotes
(A) Existing employees of the company.
(B) Person who has been in employment of the company.
(C) Persons who are or who have been in employment of the company.
(D) Only directors of the company.
CORRECT OPTION: C
The Supreme Court judgment in B. Singh v. Union of India, [(2004) 3 SCC 363] held, when
there is material to show that a petition styled as a public interest litigation is nothing but a
camouflage to foster personal disputes, the said petition is to be thrown out. Public interest
litigation (PIL) which has now come to occupy an important field in the administration of law
should not be „publicity interest litigation‟ or „private interest litigation‟ or „politics interest
litigation‟ or the latest trend „paise income litigation‟. If not properly regulated and abuse
averted, it may become a tool in unscrupulous hands to release vendetta and wreak vengeance,
as well. There must be real and genuine public interest involved in the litigation and not merely
an adventure of a knight errant borne out of wishful thinking. It cannot be invoked by a p erson
or a body of persons to further his or their personal causes or satisfy his or their personal grudge
and enmity. A person acting bona fide and having sufficient interest in the proceeding of public
interest litigation will alone have a locus standi and can approach the court to wipe out
violation of fundamental rights and genuine infraction of statutory provisions, but not for
personal gain or private profit or political motive or any oblique consideration. The expression
„PIL‟ means a legal action initiated in a court of law for the enforcement of public interest or
general interest in which the public or a class of the community have pecuniary interest or some
interest by which their legal rights or liabilities are affected. Public interest litigatio n is a
weapon which has to be used with great care and circumspection and the judiciary has to be
extremely careful to see that behind the beautiful veil of public interest an ugly private malice,
vested interest and/or publicity-seeking is not lurking.
91. Which of the following is not correct in relation to a Public Interest Litigation?
(A) It contemplates legal proceedings for vindication or enforcement of fundamental
rights of a group of persons or community which are not able to enforce their
fundamental rights on account of their incapacity, poverty or ignorance of law.
(B) A person invoking the jurisdiction of the Supreme Court under Article 32 must
approach the court for the vindication of the fundamental rights of affected persons.
(C) Recourse to a proceeding under Article 32 may or may not be taken by a genuinely
interested person in protection of society on behalf of community.
(D) Personal interest, grudge or enmity cannot be enforced through the process of the
court, preventing speedy remedy to the other genuine petitioners from the court.
CORRECT OPTION: C
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92. In which of the following judgments, the public trust doctrine was discussed by the
(A) Charu Khurana v. Union of India, (2015) 1 SCC 192.
(B) Vishaka v. State of Rajasthan, (1997) 6 SCC 241.
(C) Ashok Kumar Pandey v. State of West Bengal, (2004) 3 SCC 349.
(D) M.C. Mehta v. Union of India, (1997) 1 SCC 388.
CORRECT OPTION: D
93. Which of the following issues of public interest is raised in Dipika Jagatram Sahani v.
Union of India, [(2021) 2 SCC 740]?
(A) Challenge to election symbol of a political party.
(B) Reopening and providing services of Anganwadi Centres in India.
(C) Working conditions of children in factories.
(D) Pollution caused by industries.
CORRECT OPTION: B
94. Which of the following is not correct regarding the locus standi in a Public Interest
Litigation?
(A) Only an affected and vulnerable person can approach the court for remedy.
(B) The principle of dominus litus does not apply to a public interest litigation.
(C) The public interest litigation is strictly not adversarial since the emphasis is on public
good.
(D) A public interest litigation can be filed by any member of the society for larger public
interest.
CORRECT OPTION: A
95. “If a citizen is no more than a wayfarer or officious intervener without any interest or
concern beyond what belongs to any one of the 660 million people of this country, the
door of the court will not be ajar for him. But, if he belongs to an organisation which has
special interest in the subject-matter, if he has some concern deeper than that of a
busybody, he cannot be told off at the gates, although whether the issue raised by him is
justiciable may still remain to be considered.” In context of this statement, which of the
following judgments stated this regarding the rights of workers in India?
(A) Malik Brothers v. Narendra Dadhich, (1999) 6 SCC 552.
(B) Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh, 1989 Supp (1)
SCC 504.
(C) Fertilizer Corpn. Kamgar Union v. Union of India, (1981) 1 SCC 568.
(D) Sheela Barse v. Union of India, (1988) 4 SCC 226.
CORRECT OPTION: C
96. Which of the following public interest litigations is related to proper maintenance of
cultural heritage of India as also the ecology in the surrounding areas of Taj Mahal?
(A) M.C. Mehta v. Union of India, (1999) 6 SCC 237.
(B) M.C. Mehta v. Union of India, (2008) 1 SCC 407.
(C) M.C. Mehta v. Union of India, (1991) 2 SCC 137.
(D) M.C. Mehta v. Union of India, (2016) 4 SCC 269.
CORRECT OPTION: B
Page 24 of 30
The Supreme Court has observed that in international human rights law, equality is founded
upon two complementary principles: non-discrimination and reasonable differentiation. The
principle of non-discrimination seeks to ensure that all persons can equally enjoy and exercise
all their rights and freedoms. Discrimination occurs due to arbitrary denial of opportunities for
equal participation. Equality not only implies preventing discrimination (example, the
protection of individuals against unfavourable treatment by introducing anti-discrimination
laws), but goes beyond in remedying discrimination against groups suffering systematic
discrimination in society. In concrete terms, it means embracing the notion of positive rights,
affirmative action and reasonable accommodation. The move from the patronising and
paternalistic approach to persons with disabilities represented by the medical model to viewing
them as members of the community with equal rights has also been reflected in the evolution
of international standards relating specifically to disabilities, as well as in moves to place the
rights of persons with disabilities within the category of universal human rights. Disabled
people no longer see their physical or mental limitations as a source of shame or as something
to overcome in order to inspire others. What non-disabled people do not understand is that
people with disabilities also have some rights, hopes and aspirations as everyone else. They do
not want to depend on others. For this they want the proper environment to grow. It is the
thinking of Disability Rights Movement, USA that it is not so much the disabled individual
who needs to change, but the society.
97. A „person with disability‟ as per the Rights of Persons with Disabilities Act, 2016 means
(A) A person with long term physical, intellectual or sensory impairment which, in
interaction with barriers, hinders his full and effective participation in society equally
with others.
(B) A person with long term physical, mental, or sensory impairment which, in
with others.
(C) A person with long term mental, intellectual or sensory impairment which, in
with others.
(D) A person with long term physical, mental, intellectual or sensory impairment which,
in interaction with barriers, hinders his full and effective participation in society
equally with others.
CORRECT OPTION: D
98. Which of the following judgments held that heart ailment is not a disability covered under
the ambit of Rights of Persons with Disabilities Act, 2016?
(A) Shanti Devi v. Union of India, (2020) 19 SCC 766.
(B) Rachna v. Union of India, 2021 SCC OnLine SC 140.
(C) Nawal Kishore Sharma v. Union of India, 2021 SCC OnLine SC 74.
(D) Harshit Agarwal v. Union of India, (2021) 2 SCC 710.
CORRECT OPTION: C
99. Based on the given excerpt, which of the following judgments deals with the rights of
disabled persons?
(A) Jeeja Ghosh v. Union of India, (2016) 7 SCC 761.
(B) Bharatha Matha v. R. Vijaya Renganathan, (2010) 11 SCC 483.
(C) Seema v. Ashwani Kumar, (2006) 2 SCC 578.
(D) Vidyadhari v. Sukharana Bai, (2008) 2 SCC 238.
CORRECT OPTION: A
Page 25 of 30
100. Which of the following is not correct as per the Supreme Court judgment in Vikash Kumar
v. Union Public Service Commission, [2020 SCC OnLine SC 1119]?
(A) In India, as reflected by the policy disconnect in this case, there is often a lack of
involvement of the disabled in such decision making processes, leading to their voice
not being heard and their grievances remaining unaddressed.
(B) Consultation with persons with disabilities and their involvement in decision making
about matters affecting their lives is necessary to bring about any meaningful change
in the realization of their rights.
(C) Broader directions were provided to the Ministry of Social Justice and
Empowerment of the Union Government to ensure the framing of proper guidelines
which would regulate and facilitate the grant of a facility of a scribe to persons with
disability.
(D) Persons with disability are required to bear the costs of the accommodation.
CORRECT OPTION: D
101. Which of the following issues was raised in Union of India v. M. Selvakumar, [(2017) 3
SCC 504]?
(A) Special reservation in favour of persons suffering from heart ailments.
(B) Special reservation in favour of physically handicapped persons.
(C) Special reservation in favour of mentally challenged persons.
(D) Special reservation in favour of physically handicapped and mentally challenged
persons.
CORRECT OPTION: B
102. A „person with benchmark disability‟ as per the Rights of Persons with Disabilities Act,
2016 means a person with not less than ______ per cent of a specified disability where
specified disability has not been defined in measurable terms and includes a person with
disability where specified disability has been defined in measurable terms, as certified by
the certifying authority.
(A) Ten
(B) Twenty
(C) Thirty
(D) Forty
CORRECT OPTION: D
There is a difference between grant of bail under Section 439 of the Code of Criminal Procedure
in case of pre-trial arrest and suspension of sentence under Section 389 of the Code of Criminal
Procedure and grant of bail, post-conviction. In the earlier case, there may be presumption of
innocence, which is a fundamental postulate of criminal jurisprudence, and the courts may be
liberal, depending on the facts and circumstances of the case, on the principle that bail is the
rule and jail is an exception, as held by the Court in Dataram Singh v. State of UP, [(2018) 3
SCC 22]. However, in case of post-conviction bail, by suspension of operation of the sentence,
there is a finding of guilt and the question of presumption of innocence does not arise. Nor is
the principle of bail being the rule and jail an exception attracted, once there is conviction upon
trial. Rather, the court considering an application for suspension of sentence and grant of bail,
is to consider the prima facie merits of the appeal, coupled with other factors. There should be
strong compelling reasons for grant of bail, notwithstanding an order of conviction, by
suspension of sentence, and this strong and compelling reason must be recorded in the order
granting bail, as mandated in Section 389(1) of the Code of Criminal Procedure.
Page 26 of 30
103. Which court is competent to grant bail under Section 439 of the Code of Criminal
Procedure?
(A) Court of Magistrate.
(B) Court of Sessions.
(C) High Court.
CORRECT OPTION: D
104. Who can file application for cancellation of bail?
(A) Public Prosecutor.
(B) Complainant.
(D) None of these.
CORRECT OPTION: C
105. In which court can application for bail be filed?
(A) In the appellate court if the accused is convicted and he prefers appeal against
conviction.
(B) Revisional court when the accused has filed a revision petition.
(C) Court of Sessions.
(D) All of these.
CORRECT OPTION: D
106. Expression „any person accused of offence and in custody‟ used in Section 439 of the
Code of Criminal Procedure means
(A) A person who has been arrested and remanded to police custody.
(B) A person who has been arrested and remanded to judicial custody.
(C) A person who is accused of bailableoffence and surrenders before the Sessions court
for the purposes of bail.
(D) All of these.
CORRECT OPTION: D
107. Condition embodied in Section 439(1A) regarding the presence of informant at the time
of hearing of bail application in certain sexual offences was inserted by
(A) Criminal Law (Amendment) Act, 2018.
(B) Criminal Law (Amendment) Act, 2013.
(C) Code of Criminal Procedure (Amendment) Act, 2008.
(D) Criminal Law (Amendment) Act, 2005.
CORRECT OPTION: A
108. Which of the following is correct regarding bail under Section 439?
(A) Court is mandatorily required to give a notice to the informant within 15 days of the
receipt of application in certain sexual offences mentioned in Section 439.
(B) Court is required to give a notice to Public Prosecutor within 15 days of the receipt
of application in certain sexual offences mentioned in Section 439.
(C) Court is not required to give any notice to the Public Prosecutor before granting bail
in case of offences punishable with imprisonment for life.
(D) Sessions Court has no power to cancel the bail.
CORRECT OPTION: B
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It is a cardinal principle of the law of contract that acceptance of an offer must be absolute and
it can give no room for doubt. The offer and acceptance must be founded on three components,
viz., „certainty‟, „commitment‟ and „communication‟. However, when the acceptor puts any
new condition while accepting the proposal already signed by the proposer, the contract is not
complete until the proposer accepts that condition, as held by the Court in Haridwar
Singh v. Bagun Sumbrui, [(1973) 3 SCC 889]. An acceptance with a variation is no acceptance.
It is, in effect and substance, simply a counter-proposal which must be accepted fully by the
original proposer, before a contract is made.
109. In case a contract is entered into through instantaneous modes of communication, which
of the following is correct?
(A) Section 4 of the Indian Contract Act, 1872 is not applicable stricto sensu.
(B) Section 4 of the Indian Contract Act, 1872 is applicable to acceptance communicated
by instantaneous modes of communication.
(C) Information Technology Act, 2000 provides rules regarding the time when offer and
acceptance are complete.
(D) Information Technology Act, 2000 expressly provides for instantaneous mode of
communication for contract.
CORRECT OPTION: A
110. Goods displayed in a shopping mall with price mentioned against each of them is an
example of __
(A) An offer.
(B) Counter offer.
(C) Invitation to offer.
(D) Acceptance in advance.
CORRECT OPTION: C
111. Which of the following statements regarding Section 2(j) of the Indian Contract Act, 1872
is not true?
(A) It deals with the void contract due to ceasing of enforceability by law.
(B) It deals with the contract which is not void from its inception but later it becomes
void.
(C) It deals with the agreement which is void from its inception.
(D) It deals with the contract which becomes void from the time of its ceasing of
enforceability by law.
CORRECT OPTION: C
112. What is the effect of counter offer?
(A) Counter offer leads to rejection of the original offer.
(B) Counter offer creates a binding contract on the basis of the terms specified in the
counter offer.
(C) Counter offer creates a legal binding obligation on the basis of the terms of original
offer.
(D) Counter offer shall be binding on original proposer in the same way as it is made by
him only.
CORRECT OPTION: A
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113. In order to constitute a valid acceptance of an offer, it must be
(A) Unqualified
(B) Conditional
(C) Absolute
CORRECT OPTION: D
114. To be a legally valid contract, there must be
(A) Offer and acceptance, lawful consideration, intention to create legal relations,
competent parties.
(B) Offer and acceptance, competent parties, lawful consideration, free consent,
intention to create legal relations.
(C) Offer and acceptance, lawful object, lawful consideration; free consent.
(D) Offer and acceptance, lawful consideration, lawful object, free consent, competent
parties, intention to create legal relations.
CORRECT OPTION: D
Humans as well as the wildlife are completely dependent upon environment for their survival.
Humans are completely dependent on the environment. Like humans, the wildlife is also
dependent on the environment for its survival and also gets affected by the environment. The
relationship between humans and animals can be understood by the food-chain and food-web.
The wildlife is affected by several reasons such as population, deforestation, urbanisation, high
number of industries, chemical effluents, unplanned land-use policies, and reckless use of
natural resources, etc.
The Directive Principles of State Policy provide that protection and improvement of
environment, safeguarding forest and wildlife have been duly enjoined upon the Government.
Those principles have found statutory expression in various enactments i.e. , the Wildlife
(Protection) Act, 1972 and the Environment Protection Act, 1986 etc. which have been
enforced by the court in various decisions. The inaction of the State to constitutional and
statutory duties cannot be permitted. The Court has to issue appropriate directions to fulfil the
mandate. Article 51-A of the Constitution of India provides fundamental duty to protect and
preserve environment, wildlife, etc.
115. Which of the following provisions enjoins duty on the State to preserve and protect the
environment?
(A) Article 47
(B) Article 48A
(C) Article 17
CORRECT OPTION: B
116. Under which of the following enactments Noise Pollution (Regulation and Control) Rules
have been enacted?
(A) Air (Prevention and Control of Pollution) Act, 1981.
(B) Environment Protection Act, 1986.
(D) None of these.
CORRECT OPTION: B
Page 29 of 30
117. Which of the following enlists processes generating hazardous wastes?
(A) Construction and Demolition Waste Management Rules, 2016.
(B) Batteries (Management and Handling) Rules, 2001.
(C) Hazardous Wastes (Management and Transboundary Movement) Rules, 2016.
(D) All of these.
CORRECT OPTION: C
118. The concept of „Extended Producer Responsibility‟ embodied in Environment Protection
Act, 1986 is based on which of the following doctrines?
(A) Polluter Pays Principle
(B) Doctrine of Absolute Liability
(C) Doctrine of Vicarious Liability
(D) None of these
CORRECT OPTION: A
119. When the Environment (Protection) Act, 1986 came into force?
(A) 1st October 1986
(B) 19th October 1986
(C) 17th November 1986
(D) 19th November 1986
CORRECT OPTION: D
120. Which of the following Constitution Amendment Act inserted Article 48A in the
Constitution of India?
(A) Constitution (Forty Fourth Amendment) Act, 1978.
(B) Constitution (Fortieth Amendment) Act, 1976.
(C) Constitution (Forty Second Amendment) Act, 1976.
(D) Constitution (Forty Sixth Amendment) Act, 1982.
CORRECT OPTION: C
***
Page 30 of 30
COMMON LAW ADMISSION TEST -2020-PG
―9. We now come to the Division Bench judgment of this Court reported as Rajeev Kumar
Gupta & Others v. Union of India & Others – (2016) 13 SCC 153. In this judgment, the posts
in Prasar Bharati were classified into four Groups–A to D. The precise question that arose
before the Court is set out in para 5 thereof in which it is stated that the statutory benefit of 3
per cent reservation in favour of those who are disabled is denied insofar as identified posts in
Groups A and B are concerned, since these posts are to be filled through direct recruitment.
After noticing the arguments based on the nine-Judge bench in Indra Sawhney vs. Union of
India, 1992 Supp (3) SCC 217, this Court held:
14. We now examine the applicability of the prohibition on reservation in promotions as
propounded by Indra Sawhney. Prior to Indra Sawhney, reservation in promotions were
permitted under law as interpreted by this Court in Southern Railway v. Rangachari, AIR
1962 SC 36. Indra Sawhney specifically overruled Rangachari to the extent that reservations
in promotions were held in Rangachari to be permitted under Article 16(4) of the
Constitution. Indra Sawhney specifically addressed the question whether reservations could
be permitted in matters of promotion under Article 16(4). The majority held that reservations
in promotion are not permitted under our constitutional scheme.
15. The respondent argued that the answer to Question 7 in Indra Sawhney squarely covers
the situation on hand and the reasons outlined by the majority opinion in Indra Sawhney at…
must also apply to bar reservation in promotions to identified posts of Group A and Group B.
16. We do not agree with the respondent‟s submission. Indra Sawhney ruling arose in the
context of reservations in favour of backward classes of citizens falling within the sweep of
Article 16(4).
21. The principle laid down in Indra Sawhney is applicable only when the State seeks to give
preferential treatment in the matter of employment under the State to certain classes of
citizens identified to be a backward class. Article 16(4) does not disable the State from
providing differential treatment (reservations) to other classes of citizens under Article 16(1)
if they otherwise deserve such treatment. However, for creating such preferential treatment
under law, consistent with the mandate of Article 16(1), the State cannot choose any one of
the factors such as caste, religion, etc. mentioned in Article 16(1) as the basis. The basis for
providing reservation for PWD is physical disability and not any of the criteria forbidden
under Article 16(1). Therefore, the rule of no reservation in promotions as laid down in Indra
Sawhney has clearly and normatively no application to PWD.‖
Source: Excerpt taken from a Judgment of three judge bench comprising of R.F. Nariman,
Aniruddha Bose & V. Ramasubramaniyam., JJ.
1. The above passage has been taken from which of the following recent judgments, relating
to the question of reservation in promotions for the disabled persons?
a) National Federation of the Blind v. Sanjay Kothari, Secy. Deptt. of Personnel and
Training.
b) Siddaraju v. State of Karnataka & Ors.
c) Rajeev Kumar Gupta & Ors. v. Union of India & Ors.
d) Ashok Kumar v. Union of India & Ors.
CORRECT ANSWER : OPTION B
Page 1 of 35
2. Which of the following is true in context of the scheme provided under Article 16 of the
Indian Constitution, relating to reservation in promotion?
a) Reservation in promotion can only be granted to the class of citizens mentioned under
Article 16 (4).
b) Reservation in promotion cannot be granted to a class of citizen provided by the virtue of
Article 16 (1).
c) The scheme of reservation in promotion can be extended to any class of citizens under the
scheme of Article 16 (1).
d) Reservation in promotion defeats the scheme of Article 16 (1) and Article 15 (1).
CORRECT ANSWER : OPTION C
3. The Union government has issued an office memorandum under which 3% reservation
has been provided to the persons with disability, apart from the reservations provided to
different class of citizens such as 27% for OBCs, 14% to SCs and & 7% to STs. Now, the
total percentage of reservation has reached 51%, which is against the judgment given in
Indira Sawhney v. Union of India. Now, choose the most appropriate option amongst the
following.
a) The reservation provided to persons with disability is constitutionally valid as it falls
within the horizontal scheme of reservation.
b) The judgment in Indira Sawhney is not applicable to the persons with disability and hence
such reservation is valid.
c) The reservation provided to persons with disability is invalid as in no case reservation can
increase 50%.
d) The reservation to PWD does not fall under the scheme of Article 16 (4) and hence
unconstitutional.
CORRECT ANSWER : OPTION A
4. What is the meaning of the ―Catch-up‖ rule associated with the matters of seniority in
reservation in promotion?
a) If the junior candidate promoted on the basis of reservation gets promoted to further grade
by the time senior general category candidate is promoted to earlier grade, the question of
seniority does not arise.
b) A reserved category candidate promoted on the basis of reservation earlier than his senior
general category candidates in the feeder category, shall become junior when general
category senior candidate too gets promoted.
c) The candidate promoted to higher grade on the basis of reservation remains senior even if
his senior is promoted to the same grade.
d) None of the above.
Page 2 of 35
5. The Article 16 (4A), provides for which of the following?
a) Catch-up rule.
b) Carry forward rule.
c) Consequential seniority.
d) All of the above.
6. The scheme of reservation in promotion is limited to which of the following as per the
text of Article 16 (4A)?
a) Schedule Castes and Schedule Tribes.
b) Backward class of citizens.
c) PWD candidates.
7. Government policy of no reservation in promotion for class I and II posts was initially:
a) Struck down in C.A. Rajendra case.
b) Struck down in M. Nagraj case.
c) Upheld in Jarnail Singh case.
d) Upheld in C.A. Rajendra case.
CORRECT ANSWER : OPTION D
8. Jarnail Singh case overruled the M. Nagraj on the issue of:

a) Collection of quantifiable data to determine inadequacy of representation of SCs and STs.
b) Collection of quantifiable data to determine the backwardness.
c) Collection of data on efficiency of administration.
d) All the above.
9. Creamy layer concept is applicable to

a) All reservations
b) SC ST reservations
c) OBC reservation
d) Only horizontal reservation
Page 3 of 35
10. In Vivekanand Tiwari, Supreme Court held that the unit for reservation in universities
should be:
a) University as a whole
b) Faculties of the University
c) Departments of the University
d) (a) and (b)
It will be relevant to refer to the statement made by the contemnor which was made and read
out before this Court by the contemnor on 20.08.2020, which reads as under:
―I have gone through the judgment of this Hon‟ble Court. I am pained that I have
been held guilty of committing contempt of the Court whose majesty I have tried to uphold -
not as a courtier or cheerleader but as a humble guard - for over three decades, at some
personal and professional cost. I am pained, not because I may be punished, but because I
have been grossly misunderstood. I am shocked that the court holds me guilty of
“malicious, scurrilous, calculated attack” on the institution of administration of justice. I am
dismayed that the Court has arrived at this conclusion without providing any evidence of my
motives to launch such an attack. I must confess that I am disappointed that the court did not
find it necessary to serve me with a copy of the complaint on the basis of which the suo-motu
notice was issued, nor found it necessary to respond to the specific averments made by me in
my reply affidavit or the many submissions of my counsel. I find it hard to believe that the
Court finds my tweet “has the effect of destabilizing the very foundation of this
important pillar of Indian democracy”. I can only reiterate that these two tweets
represented my bona-fide beliefs, the expression of which must be permissible in any
democracy. Indeed, public scrutiny is desirable for healthy functioning of judiciary itself. I
believe that open criticism of any institution is necessary in a democracy, to safeguard the
constitutional order. We are living through that moment in our history when higher
principles must trump routine obligations, when saving the constitutional order must
come before personal and professional niceties, when considerations of the present must
not come in the way of discharging our responsibility towards the future. Failing to speak up
would have been a dereliction of duty, especially for an officer of the court like myself. My
tweets were nothing but a small attempt to discharge what I considered to be my highest duty
at this juncture in the history of our republic. I did not tweet in a fit of absence mindedness. It
would be insincere and contemptuous on my part to offer an apology for the tweets that
expressed what was and continues to be my bona-fide belief. Therefore, I can only humbly
paraphrase what the father of the nation Mahatma Gandhi had said in his trial: I do not ask
for mercy. I do not appeal to magnanimity. I am here, therefore, to cheerfully submit to
any penalty that can lawfully be inflicted upon me for what the Court has determined to be an
offence, and what appears to me to be the highest duty of a citizen.‖
Source: Excerpt taken from the Judgment delivered by Arun Mishra, B. R. Gavai & Krishna
Murari, J.J.
Page 4 of 35
11. The above passage has been taken from which of the following recent cases relating to
the Criminal Contempt of Court?
a) In Re: Prashant Bhushan & Anr.
b) The Registrar General, Supreme Court of India v. Prashant Bhushan & Anr.
c) Amicus Curiae v. Prashant Bhushan
d) Union of India v. Prashant Bhushan & Anr.
12. The Source of power of the Supreme Court to take suo-motu cognizance of Contempt of
the Court has been provided under which of the following?
a) Section 15 of the Contempt of Courts Act, 1971.
b) Article 129 r/w Section 13 of the Contempt of Courts Act, 1971.
c) Article 129
d) Article 129 r/w Article 141.
13. Which of the following could be a valid defence for the contemnor in a contempt
proceeding against him?
a) Statements are bona-fide fair criticism without attributing motives to the judges.
b) Statements are the personal opinion of the person and do not have the capacity to
influence the thinking of public at large.
c) Statements are based on the quotes from retired judges of the Supreme Court.
d) Statements are mere opinions which does not fall under the category of the term
―scandalising the court.‖
14. In which of the following cases, the apex court held that, ―Contempt jurisdiction should
not be used by judges to uphold their own dignity. In the free market-place of ideas,
criticism about the judicial system or the judges should be welcomed, so long as
criticisms do not impair or hamper the „administration of justice‘.‖?
a) Amicus Curiae v. Prashant Bhushan
b) P.N. Duda v. V. P. Shivshankar
c) A.K. Gopalan v. Noordeen
d) Hari Singh Nagra v. Kapil Sibal
Page 5 of 35
15. Which of the following can be stated as not true about the intent of the contemnor as
mentioned in the passage above?
a) He believes in the dignity and independence of judiciary and his act, further strengthens
his belief.
b) His statements hold the sanctity of the institution to be of utmost importance and his
actions will uphold the same.
c) He compares himself with the father of the nation Mahatma Gandhi and puts himself at
the same pedestal.
d) His statements are criticism of an individual and not the institution itself and such
criticism is quintessential for a healthy democracy.
16. A comparison of the Freedom of Speech and Expression between the text of Constitution
of India and the U.S. Constitution may lead to many conclusions.
Which of the following is not a conclusion of such a comparison?
a) The U.S. Constitution expressly mentions about the Freedom of Press but does not
mention about the Freedom of Expression.
b) The Freedom of Press though not expressly mentioned under Article 19 (1) (a), it is
implicit under the Freedom of Speech.
c) The idea of Freedom of Speech and Expression is much broader in India as compared to
that in the U.S. Constitution.
d) The Freedom of Speech and Expression under both the constitutions is identical in terms
of its extent.
17. Which of the following case is not related to the Contempt of Court as a restriction to the
Freedom of Speech and Expression enshrined under Article 19 (1) (a)?
a) In Re Arundhati Roy, (2002) 3 SCC 343.
b) Hari Singh Nagra v. Kapil Sibal, AIR 2010 SC 55.
c) In Re Harijai Singh, (1996) 6 SCC 466.
d) Subramaniam Swamy v. UOI, (2016) 7 SCC 221.
18. In which of the following cases it was held that holding Dharna in front of Supreme Court
in which lawyers too, take part is not by itself Contempt of Court if the access to the
Court is not hindered?
a) Hiralal Dixit v. Union of India
b) J.R. Parashar v. Prashant Bhushan
c) Tarun Bharat Singh v. Union of India
d) P. N. Duda v. V. P. Shivshankar
Page 6 of 35
19. Justice Krishna Iyer in (1) observed that normative guideline for Judges to observe in
contempt jurisdiction is not to be (2) even where distortions and criticism oversteps the
limitation.
a) (1) S. Mulgaokar, (2) hypersensitive
b) (1) Shamsher Singh, (2) provocative
c) (1) Hira Lal, (2) emotional
d) (1) Ediga Annama, (2) sensitive
20. Late Arun Jaitely, in Parliament had said that the Supreme Court is destroying the edifice
of Parliament brick by brick. Another member responded by saying transparency in
judicial appointments is required as half the judges in the country lack integrity. Are these
statements Contempt of Court after the Prashant Bhushan 2020 judgment?
a) Yes, because MPs are also bound by Contempt law
b) No, because MPs are exempted from Contempt law.
c) Jaitely can‘t be punished as he is no more but the other member can be held liable.
d) No, because the statements made in Parliament are protected.
In taking this view, Justice Rajagopala Ayyangar, speaking for a majority of five judges,
relied upon the judgment of Justice Frankfurter, speaking for the US Supreme Court in Wolf
v Colorado, which held:
―The security of one's privacy against arbitrary intrusion by the police … is basic to a free
society… We have no hesitation in saying that were a State affirmatively to sanction such
police incursion into privacy it would run counter to the guarantee of the Fourteenth
Amendment.‖
While the Court observed that the Indian Constitution does not contain a guarantee similar to
the Fourth Amendment of the US Constitution, it proceeded to hold that:
―Nevertheless, these extracts would show that an unauthorised intrusion into a person‘s home
and the disturbance caused to him thereby, is as it were the violation of a common law right
of a man an ultimate essential of ordered liberty, if not of the very concept of civilisation. An
English Common Law maxim asserts that ―every man‘s house is his castle‖ and in Semayne
case [5 Coke 91: 1 Sm LC (13th Edn) 104 at p. 105] where this was applied, it was stated that
―the house of everyone is to him as his castle and fortress as well as for his defence against
injury and violence as for his repose‖. We are not unmindful of the fact that Semayne case
[(1604) 5 Coke 91: 1 Sm LC (13th Edn) 104 at p. 105] was concerned with the law relating to
executions in England, but the passage extracted has a validity quite apart from the context of
the particular decision. It embodies an abiding principle which transcends mere protection of
property rights and expounds a concept of ―personal liberty‖ which does not rest on any
element of feudalism or on any theory of freedom which has ceased to be of value.‖
Source: Excerpt taken from the Judgment delivered by a 9 Judge bench of the Supreme Court
in 2017 and authored by Dr. D. Y. Chandrachud. J.
Page 7 of 35
21. The above passage is from which of the following judgments?
a) Justice K. S. Puttaswamy (Retd.) v. Union of India, (2018) 10 SCC 1.
b) Justice K. S. Puttaswamy (Retd.) v. Union of India, (2017) 1 SCC 10.
c) Justice K. S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1.
d) Justice K. S. Puttaswamy (Retd.) v. Union of India, (2018) 1 SCC 10.
22. Which of the following is directly related with the central idea of the passage mentioned
above?
a) Right to Privacy of an individual, being part of the Right to Life.
b) The extent and scope of the ‗ordered liberty‘ as a tenet of liberty under Article 21 of the
Constitution.
c) Right to Life of an individual apart from mere animal existence.
d) All of the above
23. The above passage mentions, ―Every man‟s house is his castle.‖ Who amongst the
following has stated this quote in the Semayne‘s Case?
a) Justice Rowland.
b) Justice Holmes.
c) Lord Justice A.W. Semens.
d) Justice Blackburn.
24. The above passage makes a mention of the judgment delivered by Justice Rajagopala
Ayyangar. Which one of the following judgments is in context here?
a) Kharak Singh v. State of U.P.
b) M.P. Sharma v. Satish Chandra
c) Maneka Gandhi v. Union of India
d) Rustom Cavasji Cooper v. Union of India
25. Which of the following is not an interpretation of the Right to Privacy as explained by the
Supreme Court in Puttaswamy judgment?
a) The destruction by the State of a sanctified personal space, of body and mind is violative
of the guarantee against arbitrary state action.
b) The intersection between one‘s mental integrity and privacy entitles the individual to the
freedom of self-determination.
c) The privacy of an individual recognises an inviolable right to determine how freedom
shall be exercised.
d) The guarantee of privacy is a guarantee against the arbitrary State action.
Page 8 of 35
26. Which of the following is true in relation to the scope of the newly evolved ‗Right to
Privacy‘?
a) The Right to Privacy cannot be denied, even if there is a miniscule fraction of the
population which is affected.
b) The majoritarian concept applies to the Constitutional Rights and the Courts must adhere
to the majoritarian view.
c) One‘s sexual orientation is undoubtedly not an attribute of privacy.
d) Right to Privacy is an unrestricted and inviolable right, outside the fetters of any State
action.
27. In which of the following cases the Supreme Court held that, “Sexual orientation is an
attribute of privacy. Discrimination against an individual on the basis of sexual
orientation is deeply offensive to the dignity and self-worth of the individual. Equality
demands that the sexual orientation of each individual in society must be protected on an
even platform. The right to privacy and the protection of sexual orientation lie at the core
of the fundamental rights guaranteed by Article 14, 15 and 21 of the Constitution.”?
a) Justice K.S. Puttaswamy (Retd.) v. Union of India.
b) Navtej Singh Johar v. Union of India.
c) NALSA v. Union of India.
d) Suresh Kumar Koushal v. Naz Fundation.
28. Speaking for four of the nine judges, Justice D.Y. Chandrachud, observes, “Individually,
these information silos may seem inconsequential. In aggregation, they disclose the
nature of the personality; food habits, language, health, hobbies, sexual preferences,
friendships, ways of dress and political affiliation.” Which of the following is in context
of the above statement?
a) Right to Privacy.
b) Informational/Data Privacy.
c) The Aadhaar Act, 2016.
29. Which of the following is not a tenet of the term ‗Life‘ under Article 21 of the
Constitution?
a) Right to Die with Dignity
b) Right to Live with Dignity
c) Freedom of Sexual Orientation
d) Right to Reputation
Page 9 of 35
30. Recently, it has been reported that in Uttar Pradesh more than 50% of the people booked
under the National Security Act were involved in cow slaughter. In Puttaswamy, which of
the following judges has included food preferences in his judgment?
a) Justice D.Y. Chandrachud
b) Justice Dipak Misra
c) Justice R. F. Nariman
d) Justice Jasti Chelameshwar
The requirement of balancing various considerations brings us to the principle of

proportionality. In the case of K. S. Puttaswamy (Privacy-9J.) (supra), this Court observed:
“310…Proportionality is an essential facet of the guarantee against arbitrary State
action because it ensures that the nature and quality of the encroachment on the right
is not disproportionate to the purpose of the law...” Further, in the case of CPIO v.
Subhash Chandra Aggarwal, [(2019) SCC OnLine SC 1459], the meaning of proportionality
was explained as: ―225. It is also crucial for the standard of proportionality to be
applied to ensure that neither right is restricted to a greater extent than necessary to fulfil
the legitimate interest of the countervailing interest in question…”
The proportionality principle can be easily summarized by Lord Diplock‘s aphorism ‗you
must not use a steam hammer to crack a nut, if a nutcracker would do?‘ [Refer to R v.
Goldsmith, [1983] 1 WLR 151, 155 (Diplock J)]. In other words, proportionality is all about
means and ends. The suitability of proportionality analysis under Part III, needs to be
observed herein. The nature of fundamental rights has been extensively commented upon.
One view is that the fundamental rights apply as ‗rules‘, wherein they apply in an ‗all¬ or
¬nothing fashion‘. This view is furthered by Ronald Dworkin, who argued in his theory that
concept of a right implies its ability to trump over a public good. Dworkin‘s view necessarily
means that the rights themselves are the end, which cannot be derogated as they represent the
highest norm under the Constitution. This would imply that if the legislature or
executive act in a particular manner, in derogation of the right, with an object of
achieving public good, they shall be prohibited from doing so if the aforesaid
action requires restriction of a right. However, while such an approach is often taken by
American Courts, the same may not be completely suitable in the Indian context, having
regard to the structure of Part III which comes with inbuilt restrictions.
Source: Excerpt taken from a judgment delivered by the bench of N. V. Ramanna, R. Subhash
Reddy, B.R. Gavai, J.J. on 10th January, 2020.
31. The above passage has been taken from which of the following judgments, which decided
the state of affairs relating to internet ban in Jammu & Kashmir?
a) Sita Ram Yechury v. Union of India
b) Anuradha Bhasin v. Union of India
c) In Re: State of Jammu & Kashmir
d) Bhim Singh v. State of Jammu & Kashmir
Page 10 of 35
32. The above passage discusses about the proportionality, in the context of which of the
following issues?
a) The limitations of state action sanctioned under the Constitution.
b) The powers of the President under Article 370 of the Constitution.
c) The extent of restrictions to be imposed by the State on the exercise of Fundamental
Rights.
d) The proportionality of powers and duties under the Constitution.
33. In the above passage, the Court expresses the limitations on application of ‗All-or-
nothing‘ approach to the fundamental rights. Which of the following statements truly
explains such limitations?
a) The application of Part-III is subject to the interest of the majority and it overrides the
rights of an individual.
b) The state may act in derogation of the Fundamental Rights of the people to achieve a
higher public good and the social equilibrium.
c) The Fundamental Rights of citizens are secondary and the authority of State over its
citizens is primary and of utmost importance.
d) The above approach is suitable only for the American Constitution as no limitation on
rights is mentioned in the text of the Constitution.
34. In which of the following cases the Supreme Court held that Right to Access Internet is
protected under Article 19 of the Indian Constitution?
a) Anuradha Bhasin v. Union of India.
b) Irtiqa Iqbal v. Union of India
c) Kapil Sibal v. Union of India.
35. Which of the following State actions passes the ‗Proportionality Test‘?
a) A complete internet ban for indefinite period in a state effected by terrorism, insurgency
and local militia.
b) A slowdown of the internet speed in a State, affecting the Right of Free speech and
expression and trade, business and occupation.
c) House arrest of eminent political leaders for an indefinite period.
d) A complete lockdown in an area effected by militant attacks for an indefinite period.
Page 11 of 35
36. Which of the following is not an essential, validating the restrictions imposed upon the
exercise of Fundamental Rights?
a) Legality, which postulates the existence of law which is enacted to restrict the
application of Fundamental Rights.
b) Need, defined in terms of a legitimate State aim.
c) Proportionality, which ensures a rational nexus between the
objects and the means adopted to achieve them.
d) Consequence, which the restriction would ensue after its application.
37. The Right to Access to the internet is useful for exercising which of the following
Fundamental Rights?
a) Freedom of Speech and Expression.
b) Right to carry out trade, business and occupation
c) Right to Life.
38. Who amongst the following can order for suspension of telecom services in a state under
the Temporary Suspension of Telecom Services (Public Emergency or Public Safety)
Rules, 2017?
a) The Secretary to the Government of India in the Ministry of Home Affairs.
b) The Secretary to the Government of India in the Ministry of Information and
Broadcasting.
c) A District Magistrate, exercising his powers under S.144 of the Cr. P. C.
d) The Chief Secretary to the Government of State in the Ministry of Home Affairs.
39. Which of the following was true prior to 5th August, 2019 in relation to power of the
Parliament under Article 3 of the Constitution for the State of Jammu & Kashmir?
a) Any Bill to alter the boundaries of the State shall be introduced in the Parliament after the
recommendation of the Governor of the State.
b) No Bill can be introduced in the Parliament for the alteration of the boundaries of the
State without the consent of the Legislature of the State.
c) No Bill can be introduced in the Parliament for the alteration of the boundaries of the
State without the consent of the Constituent Assembly of the State.
d) No Bill can be introduced in the Parliament for the alteration of the boundaries of the
State without the consent of the President.
Page 12 of 35
40. Which of the following is not true in relation to the Jammu and Kashmir Reorganisation
Act, 2019?
a) The Act has amended Schedule 1 of the Constitution
b) The Act has amended Article 4 of the Constitution.
c) The Act has amended Schedule 4 of the Constitution.
―The main argument on behalf of the Respondents was that the Government was bound by its
promise and could not have resiled from it. They had an indefeasible legitimate expectation
of continued employment, stemming from the Government Order dated 20.02.2002 which
could not have been withdrawn. It was further submitted on behalf of the Respondents that
they were not given an opportunity before the benefit that was promised, was taken away. To
appreciate this contention of the Respondents, it is necessary to understand the concept of
legitimate expectation.
14. The principle of legitimate expectation has been recognized by this Court in ―Union of
India v. Hindustan Development Corporation & Ors.‖ If the promise made by an authority is
clear, unequivocal and unambiguous, a person can claim that the authority in all fairness
should not act contrary to the promise.
15. M. Jagannadha Rao, J. elaborately elucidated on legitimate expectation in ―Punjab
Communications Ltd. v. Union of India & Ors.‖ He referred to the judgment in 2 (1993) 3
SCC 499 ―Council of Civil Service Unions and Ors. v. Minister for the Civil Service‖ in
which Lord Diplock had observed that for a legitimate expectation to arise, the decisions of
the administrative authority must affect the person by depriving him of some benefit or
advantage which, (i) he had in the past been permitted by the decision- maker to enjoy and
which he can legitimately expect to be permitted to continue to do until there has been
communicated to him some rational grounds for withdrawing it on which he has been given
an opportunity to comment; or (ii) he has received assurance from the decision-maker that
they will not be withdrawn without giving him first an opportunity of advancing reasons for
contending that they should not be withdrawn.
Rao, J. observed in this case, that the procedural part of legitimate expectation relates to a
representation that a hearing or other appropriate procedure will be afforded before the
decision is made. The substantive part of the principle is that if a representation is made that a
benefit of a substantive nature will be granted or if the person is already in receipt of the
benefit, that it will be continued and not be substantially varied, then the same could be
enforced.
16. It has been held by R. V. Raveendran, J. in ―Ram Pravesh Singh v. State of Bihar‖ that
legitimate expectation is not a legal right. Not being a right, it is not enforceable as such. It
may entitle an expectant:
(a) to an opportunity to show cause before the expectation is dashed; or
(b) to an explanation as to the cause of denial. In appropriate cases, the Courts may grant a
direction requiring the authority to follow the promised procedure or established practice.‖
Page 13 of 35
Source: Excerpt taken from the judgment delivered by the bench of L. Nageshwar Rao &
Hemant Gupta, J.J. in Kerala State Beverages (M and M) v. P P Suresh & Ors.,(2019) 9 SCC
710.
41. Which of the following statements cannot be identified as a limitation upon the Doctrine
of Legitimate Expectation?
a) The concept of Legitimate Expectation is only procedural and has no substantive impact.
b) The doctrine does not apply to legislative activities.
c) The doctrine does not apply if it is contrary to Public Policy or against the Security of
State.
d) There are parallels between the Doctrine of Legitimate Expectation and Promissory
Estoppel.
42. Which of the following is not true in relation to the Doctrine of Legitimate Expectation as
observed by the Supreme Court in ‗Monnet Ispat & Energy Ltd. v. Union of India‟?
a) The Doctrine of Legitimate Expectation cannot be invoked as a substantive and
enforceable right.
b) The Legitimate Expectation is different from anticipation and an anticipation cannot
amount to an assertable expectation.
c) The Doctrine fails where an overriding public interest justifies the change in
Administrative Policy.
d) The Doctrine of Legitimate Expectation is founded on the principles of reasonableness
and fairness.
43. Which of the following cases can be traced as the origin of the Doctrine of Legitimate
Expectation?
a) Attorney General of Hong Kong v. Ng Yeun Shiu, (1983) 2 AC 629.
b) Schmidt v. Secy. Of State for Home Affairs, (1969) 2 Ch 149 (CA).
c) Food Corporation of India v. Kamdhenu Cattle Feed Industries, AIR 1993 SC 1601.
d) Breen v. Amalgamated Engg. Union, (1971) 2 WLR 742.
44. Which of the following is not a ground for judicial review of a discretionary action of an
Administrative Authority in India?
a) Failure to exercise discretion
b) Excess or abuse of discretion
c) A breach of rules of Natural Justice
d) None of the above
Page 14 of 35
45. Which of the following statement is true in relation to ―Empty formality‖ theory of the
Principle of Natural Justice?
a) The plea for not following the Principle of Natural Justice is not sustainable on the
grounds of Empty Formality.
b) The plea for not following the Principle of Natural Justice is sustainable on the grounds of
Empty Formality.
c) The Empty Formality affords a legitimate ground for the avoidance of Principle of
Natural Justice.
d) Both options (b) & (c) are correct.
46. What is the meaning of a writ of ―Certiorarified mandamus‖?

a) A writ of Mandamus, issued against an adjudicating body to quash a decision.
b) A writ of Certiorari issued to an administrative body to quash its decision.
c) A simultaneous writ to quash a decision and also to give a direction.
d) A simultaneous writ to quash a direction and give a decision.
47. Which of the following is not a ground for holding a Delegated Legislation as invalid?
a) Parent Act delegates non-essential legislative functions.
b) Delegated legislation is inconsistent with the general law.
c) Parent Act itself is unconstitutional.
d) Delegated legislation is inconsistent with the Parent Act.
48. In which of the following cases, Hegde J observed that, ―Whenever a complaint is made
before a court that some Principle of Natural Justice had been contravened, the court had
to decide whether the observance of that rule was necessary for a just decision on the
facts of that case.‖ ?
a) A.K. Kraipak v. Union of India
b) Maneka Gandhi v. Union of India
c) Union of India v. P.K. Roy
d) Dharampal Satyapal Ltd. v. CCE
49. Which of the following is not an essential condition before pressing the Doctrine of
Estoppel into service or benefit contract?
a) A representation or conduct amounting to representation have been made.
b) He must have acted to his detriment or suffered as a result of such representation.
c) The other party to whom representation was made must have acted upon such
representation.
d) The representation must have been made with the intention of not fulfilling it.
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50. Suppose, students filled up JEE Mains form for 2020. Due to repeated postponements of
JEE, IIT Kharagpur decided to opt out of JEE mains and conducted its own separate Test.
On which of the following grounds the decision of IIT Kharagpur can be challenged?
a) Procedural fairness
b) Legitimate expectation
c) Manifest arbitrariness
d) IIT Kharagpur‘s decision cannot be challenged as it was taken in the interest of the
students.
Read the piece written by Prof. Upendra Baxi and answer the questions below:
No matter how the matters are for the time being resolved (and swiftly on all indications), the
present crisis in the Supreme Court involves mainly a contention on how judicial business
should be conducted. The extraordinary movement of four justices in making public a letter
addressed to the Chief Justice of India (CJI) in November 2017, and assorted observations at
the press conference last week are very unusual judicial happenings. At that conference,
Justice Chelameswar said that ―less than desirable things have happened‖ and the protesting
Justices vainly ―tried to collectively persuade‖ the CJI to take ―remedial measures‖. These
happenings are now made even more unusual by Justice Ranjan Gogoi reportedly denying
any ―crisis‖ and Justice Kurian Joseph saying the matter is now settled leaving little scope for
―outside intervention‖. However, the letter released at the press conference said otherwise; it
spoke of the ways in which ―the overall functioning of the justice delivery system‖, the
―independence of the high courts‖, and the functioning of the office of the CJI have been
―adversely affected‖. A moving appeal to the Indian ―Nation‖ was issued at the press
conference and Justice Chelameswar justified speaking out, lest ―wise people‖ say later that
they were complicit. A situation where four senior-most justices went public to express their
discontent with the present CJI‘s exercise of authority to constitute Benches raises grave
constitutional questions. Although only an in-house rectification can save matters, it is an
anti-democratic error of grave proportions to think that co-citizens should have no interest,
stake, or say in the matter. Undoubtedly, the Chief Justices, whether of the High courts or the
Supreme Court, have the power to order the roster. The question is whether that power is
coupled with a constitutional duty to follow certain conventions. Obviously, there are a few:
Chief Justices have a primary duty of accountability to the Brother Justices, the Bar, and a
general obligation through the Bar to the litigating public and people at large. But when a
letter by four Senior Justices has been ignored for about two months, is going public with a
copy of that letter and holding even a press conference unjudicial? On this question opinions
are varied. Some have lauded this step as heroic while others regard this as ―sheer trade union
tactics‖ and some even say the step was extremely unfortunate but now some institutional
solidarity should pave the path ahead. What are the other conventions? First, a part-heard
matter may not be divested from the co-justices who are seized with it. Second, the CJI may
not deny a request for recusal on grounds of conflict of interest. Third, the Chief Justice may
not ignore the requests by co-justices to form a larger Bench. Fourth, a Chief Justice may not
selectively assign sensitive or important cases to the same judges. However, fifth, it is
doubtful whether there is, or ought to be, a convention requiring such matters to be heard
only by the senior-most justices. No, because the decision to elevate a citizen to judgeship
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must involve all relevant considerations; once elevated, a justice is co-equal to all other
brethren. Sixth, it is true that co-equality occurs within a hierarchy: Not every justice
becomes a Chief Justice, and the SC collegium must comprise the five senior-most justices.
Outside this framework, the question about the rank-ordering may not arise; all Justices speak
for the constitutional court. Any discussion about benches headed by ―junior‖ justices is
therefore injudicious. The second issue looming large is the finalisation of Memorandum of
Procedure (MoP). In early July 2017 (in Justice Karnan‘s case), at least two Justices observed
a need ―to revisit the process of appointment of judges and establishment of a mechanism for
corrective measures other than impeachment‖. The letter also suggests that the issue of MoP
―cannot linger on for indefinite period‖ and since the government has not responded to the
MoP sent as far back as March 2017, the Court must now presume this long ―silence‖
amounts to acceptance. Convening a full court and/or an agreement of the Chief Justices‘
conference stand was suggested. The highest court in the land cannot endlessly wait for the
government.
The remedies of impeachment and removal for judicial misconduct and review, and now
curative jurisdiction, constitutionally exist. And further, the spectre of the call of conscience
to go to the ―Nation‖ will now haunt all Chief Justices. Informed criticism has some impact
on judicial dispositions. But the ultimate guarantee of fairness as justice lie with the Justices
themselves. As Eugene Ehrlich, a founder of European sociology of law, said: ―The best
guarantee of justice lies in the personality of the judge.‖ Justices must be seen practising what
they preach to the other holders of public power. It is only when they collectively fail to do so
that a democracy is truly imperilled.

1. CJI is the boss of High Court Judges
2. CJI is superior to other Judges of the Supreme Court
3. CJI and other four members of Collegium for appointment of Judges in Supreme Court are
equal
4. Chief Justice is one amongst equals and vested with many administrative powers.
Which of the statement given above is / are correct?

a) 1 and 3 only
b) 2 and 3 only
c) 3 only
d) 1, 2, and 4 only

1. A Bench of the Supreme Court must follow a decision delivered by a Bench of a larger or
even equal strength.
2. In case of inability to agree, the only option available is to refer the matter to the CJI,
requesting that a larger Bench be constituted to resolve the conflict.
3. This basic principle was laid down by Supreme Court in Central Board of Dawoodi Bohra
Community vs State Of Maharashtra & Anr (December 17, 2004).
Page 17 of 35
a) 1 and 3 only
b) 1 and 2 only
c) 3 only
d) 1, 2 and 3

1. The Constitution does not make CJI the ―Master of Roster‖
2. The Supreme Court Rules vests in CJI the power of the ―Master of Roster‖
3. The Constitution of India read with Supreme Court Rules vests in CJI the Power of the
―Master of Rolls‖
4. The Power is neither given by the Constitution not by the Supreme Court Rules. It‘s just a
convention.

a) 1 and 3 only
b) 2 only
c) 3 and 4 only
d) 1, 3 only

1) A judge of Supreme Court can be removed from his office by the Parliament.
2) A judge of Supreme Court can be impeached from his office by the President on the
recommendation of Chief Justice of India.
3) The removal of Supreme Court judge is based on two grounds - proved misbehaviour or
incapacity to act.

a) 1 and 2 only
b) 2 and 3 only
c) 3 only
d) 1, 2 and 3
55. Accountability makes the exercise of power more efficient and effective. The ancient
Greek historian Herodotus said: "The Greeks though free [were] not absolutely free; they
[had] a master called the law." Which of the following statement correctly describes the law?
a) CJI as Master of Rolls is not bound by any law.

b) CJI is bound by the conventions mentioned in the passage above.
c) CJI in his administrative capacity is bound by law.
d) CJI as Master of Roster must act fairly, justly and in non-arbitrary manner.
Page 18 of 35
56. Supreme Court Rules framed under Article 145 of the Constitution provide CJI as the
Master of Rolls. These rules-
a) Cannot be challenged as per Justice Dinakaran Judgment
b) Can be challenged before the President of India who is the appointing authority of CJI
and other Judges
c) Rules made by the Court violative of Fundamental Rights may be struck down as ultra
vires the Constitution as per Prem Chand Garg (1963) judgment of the Supreme Court.
d) Supreme Court is supreme and no authority can question it.
57. In S. P. Gupta v. Union of India, it was held that the word ‗Consultation‘ means:
a) Discussion
b) Ascertainment of opinion
c) Concurrence
d) Advice
58. Per Incuriam means:

a) Judgment given against law
b) Judgment given contrary to people‘s conscience
c) Judgment given contrary to natural law
d) All of the above
59. In which of the following cases, Supreme Court held that ―Chief Justice is an institution
himself‖?
a) Kamini Jaiswal v. Union of India
b) Asok Pande v. Union of India
c) S.P. Gupta v. Union of India
d) Prashant Bhushan v. Union of India
60. In which of the following cases, Chief Justice was held to be as ‗Master of Roster‘, who
alone has prerogative to constitute bench?
a) Prakash Chandra v. Union of India (UOI) through Secretary to the Government of India
b) S P Gupta v. Union of India
c) Third Judges Case
d) Justice C. S. Karnan v. The Hon‘ble Supreme Court of India
Page 19 of 35
Read the excerpts from an opinion piece entitled “Labour Law Suspension: Hit The
Workers When They Are Down” by Pranab Bardhan, Professor of Graduate School at
the Department of Economics at the University of California, Berkeley, published by
Bloomberg Quint and answer the questions below:
It is interesting that while Indian states are trying to suspend labour protection and make it
easier for employers to sack workers, many other countries are trying to minimise lay-offs in
this period of crisis by giving wage subsidy to employers to induce them to keep the workers
on the payroll. These programs are an effort to reduce displacement, distress, and loss of
worker morale, and at the time of economic recovery less friction and de-skilling. The wage
subsidies are quite substantial in Europe, Canada, Australia, and New Zealand. It is also
being attempted in some developing countries like Argentina, Bangladesh, Botswana, China,
Malaysia, Philippines, South Africa, Thailand, and Turkey.
In the continuing sordid saga of callousness and brutality with the millions of suddenly
unemployed migrant workers over the last six weeks since lockdown, an interesting fact to
note is that employers who mostly had stopped paying them over this period, thus causing
widespread hunger and homelessness, have lobbied with state governments to stop sending
them back to their villages so that they remain available when the industries restart. I am
actually in favour of a thorough overhaul. The current labour laws, tangled and outdated as
they are, serve the long-term interests of neither the employers nor the workers. At the
beginning of this century, the Second National Commission of Labour made a whole set of
sensible recommendations for such an overhaul, but they remain largely unimplemented. I
would support abolishing the firm size limit on labour retrenchment altogether, provided
there is a provision for adequate unemployment benefits, both for regular and contract
workers, and there is something like a state-provided universal basic income supplement as a
fall-back option for everybody. “Allowing more flexibility in hiring and firing has to be
combined, as part of a package deal, with a reasonable scheme of unemployment
compensation from an earmarked fund, to which employers and employees should both
regularly contribute.” For far too long businesses in India, with some notable exceptions,
have considered labour as a necessary but troublesome cog in the production machine, and
the focus is to squeeze the maximum out of it with minimum pay and benefits while
brandishing the threat of job insecurity. Organised labour, often under politicised partisan
leadership from outside, has played that adversarial game. It is in the long-term interests of
both sides to see at the ground level that labour-friendly practices can actually enhance long-
term productivity and profitability. If cooperation can replace mutual suspicion and labour
representatives can be trusted to participate in corporate governance—as is the practice, say,
in Germany and a few other European countries—labour organisations can play a responsible
role in achieving mutually beneficial goals. Taking the cover of the pandemic to unilaterally
whittle down labour protections is going the opposite way, to distrust, and labour unrest.
61. The Government of Uttar Pradesh and many other state governments promulgated
Ordinances for Temporary Exemption from Certain Labour Laws that would suspend the
operation of all labour laws applicable to factories and manufacturing establishments in
their respective state for a period of three years, with the exception of:
a) Bonded Labour System (Abolition) Act, 1976
b) Employees‘ Compensation Act, 1923,
Page 20 of 35
c) The Building and Other Construction Workers (Regulation of Employment and
Conditions of Service) Act, 1996
d) All the above
62. On which of the following areas, Central Government is exclusively competent to enact
legislations?
a) Trade unions; industrial and labour disputes.
b) Social security and social insurance; employment and unemployment.
c) Welfare of labour including conditions of work, provident funds, employers‘ liability,
workmen‘s compensation, invalidity and old age pensions and maternity benefits.
d) Regulation of labour and safety in mines and oilfields.
63. Which of the following laws has been enacted to prevent exploitation of inter-state
migrant workers and, to ensure fair and decent conditions of employment for them?
a) The Inter-State Migrant Workmen Act, 1979
b) Contract Labour (Regulation and Abolition) Act, 1970
c) Bonded Labour System (Abolition) Act, 1976
d) Migrant Workers (Protection) Act, 1979
64. The Employees‘ State Insurance Act, 1948 protects the interest of workers in
contingencies such as —
I. Sickness
II. Maternity,
III. Temporary or permanent physical disablement,
IV. Death due to employment injury resulting in loss of wages or earning capacity.
Select the correct answer from the codes given bellow:

a) I only
b) II only
c) I, III and IV
d) I, II, III and IV
65. As per the provisions contained in Chapter VB of the Industrial Dispute Act, 1947
establishment employing _____________ persons or more are required to seek prior
permission of Appropriate Government before effecting lay-off, retrenchment and closure.
a) 50
b) 100
c) 250
d) 500
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66. ‗First come last go and last come first go‟ is the principle of:
a) Lay-off
b) Closure
c) Retrenchment
d) Dismissal
67. Which of the following is an illegal industrial action as per law?

a) Mutual Insurance
b) Collective Bargaining
c) Lock out
d) Gherao
68. Choose the correct objective of the Industrial Disputes Act, 1947.
a) To prevent illegal strikes
b) To promote measures for securing and preserving good relations between the employers
and the employees
c) To provide relief to workmen in matters of lay - off,
retrenchment, wrongful dismissals
d) All of the above
69. Contract Labour (Regulation and Abolition) Act, 1970 applies to every establishment/
contractor in which ____________ workmen are employed or were employed on any day of
the preceding twelve months as contract labour.
a) Ten or more
b) Fifteen
c) Twenty or more
d) Twenty-five or more
70. The Contract Labour (Regulation and Abolition) Act, 1970 shall not apply to
establishments in which work is of:
a) An intermittent or casual nature
b) In nature of Permanent work
c) Both a) and b)
Page 22 of 35
Read the following passage carefully and then answer the accompanying questions
employing the concepts provided in the passage:
According to Hohfeld, legal relationships can exist only between two legal persons and one
thing. One of the two persons always has a legal advantage (that‘s the right) over the other.
The other person has the corresponding legal disadvantage. … For example employer -
employee. The basic building block of legal rights is liberty. It allows one person to do
exactly as she pleases with no duty to do otherwise. … But … the important thing about a
liberty: No one is required to respect it. It is merely a ―permission without a protection‖. …
For example, I can enjoy the view of my neighbour‘s garden but he is not under a duty to
protect my view and can screen it off.
A ―claim‖ entitles one person to limit the liberty of another, who then has a duty either to act
or not to act in certain ways toward the claimant. For example, a child‘s claim to maintenance
from parents places a duty on parents to provide maintenance. In personam claims can be
made against a definite number of persons whilst in rem claims are available against every
person in the world. …An immunity disables one person from interfering with the liberty of
another…Claims tell us what we should not do. Immunities tell us what we cannot do. … For
example, a public official cannot be prosecuted without special permission. A ―power‖ is an
ability that the law gives a person to (realise) her own legal rights or the rights of someone
else (for example the power to sue). Its correlate, the liability carries the sense of exposure to
having one‘s legal status changed. For example, only a person with locus in a case can file a
litigation to press his claims.
[Adapted from Steven Wise, Rattling the Cage Towards Legal Rights of Animals) ( 2000)]
71. The boundary wall surrounding A‘s property was broken which caused a number of
villagers to cross through his property to reach the adjoining market. A repaired the wall and
stopped the villagers. What was the nature of legal relationship?
a) Liberty-no right
b) Claim-duty
c) Immunity-disability
d) Power-liability
72. ‗A‘ does not repair the boundary wall for more than twenty-five years and does not stop
the villagers from crossing his property. Now the villagers have:
a) An immunity
b) A claim
c) A power
d) A liberty
73. After changing her religion, an adult medical student Bareta got married to a man of her
choice. The medical student‘s right to marry was:
a) A claim
b) A liberty
c) A power
d) A liability
Page 23 of 35
74. The situation for Bareta would change if she were a minor. Her minority would impact on
her:
a) Claim
b) Liberty
c) Power
d) Immunity
75. Article 21 of the Constitution of India lays down that no person can be denied life and
liberty except according to procedure established by law. By reason of this article, the
State cannot deny liberty through executive order. What does the Article impose on the
State?
a) Duty
b) Liability
c) Disability
d) No Right
76. A person can be taken into custody only if there is a legislation specifying a procedure
which allows the deprivation of liberty. This protection from wrongful arrest granted to
people is:
a) An immunity
b) A liberty
c) A disability
d) A power
77. The Civil Procedure Code lays down the conditions that have to be fulfilled before a
Plaint can be filed or defended. These conditions impact on the individual‘s:
a) Claim
b) Power
c) Disability
d) Liability
78. As a rule, only States can move international institutions for the enforcement of their
rights. Special requirements have to be fulfilled before individuals can move international
institutions. These requirements impact on the __________ of individuals to obtain their
rights.
a) liberty
b) power
c) claim
d) immunity
Page 24 of 35
79. When A enters into a contract with B, then the rights A has under the contract are:
a) In personam
b) In rem
c) Both (a) and (b)
d) None of the above
80. Recognition of the Right to Privacy by the Indian Supreme Court has:
a) Converted a liberty into a claim right.
b) Placed a duty on the State to protect the right
c) Prevented tate from undertaking any activity which intruded on the privacy of the people
d) All of the above
The Archimedean point of Habermas‘ philosophy of law is not the concept of natural law.
His approach to positive law differs from both Han‘s and Hobbes‘. For him, positive laws are
democratically established human artifacts. In the democratic procedure for legislatures to
make laws, even if there may be arguments appealing to the concept of natural law,
democratically established positive laws are not duplications of natural laws. Instead, they
differ from natural laws both in content and form. The legitimacy and validity of positive
laws come exclusively from the democratic process in which laws are established and
published. By the same token, the rationality of positive laws comes exclusively from a
democratic legislature based upon rational communication under the guidance of the
communicative rationality. In social management, morality is complementary to positive law.
But positive law is not subordinate to [1]. Instead, the two are parallel institutions. Habermas
shares with Han and Hobbes the view that positive laws have two salient features. First, they
are written and publically published. Second, they are backed by those who have a monopoly
on force. The second feature of positive laws is dubbed by Habermas as the ―facticity‖ of
law. The facticity or social reality of positive laws is that they are compulsory and backed by
sanctions. As Habermas puts it, ―Such laws appear as the will of a lawgiver with the power to
punish those who do not comply; to the extent that they are actually enforced and followed,
they have an existence somewhat akin to social facts.‖. Also, for Habermas, as it is for Han
and Hobbes, positive law differs from natural law in the sense that positive law is a social
institution, a human artifact, not a natural institution. Positive law comes into existence by a
historical and public action—that is, the democratically legislation of it and its being
publically published.
81. Habermas is a:
a) German Philosopher
b) French Philosopher
c) Western Social Scientist
d) English Jurist
Page 25 of 35
82. For Hobbes, the key tenet of his philosophy is:
a) Natural law is necessary for a good positive law and they are not identical in content.
b) Natural law is not necessary for a good positive law, though they are identical in content.
c) Natural law is necessary for a good positive law, and they are identical in content but differ
in form.
d) Natural law is necessary for a good positive law but they differ in both form and content.
83. Which of the following words has been replaced by ‗[1]‘ in the above paragraph?
a) Culture
b) Ethics
c) Morality
84. Which one of the following statements, correctly conveys the Fuller‘s Inner Morality of
Law?
a) Every piece of Law, in order to be valid, must fulfil minimum moral standard comprising
of certain procedural requirements like generality, Prospectively promulgation, intelligibility
and consistency.
b) The contents of every law in order to be valid must be mere minimum moral standard
without anything more.
c) The question of morality of every law is a matter for the inner conscience of the legislators
and judges have nothing to do with it.
d) The question of morality of law is not for the courts to determine.
85. In which of the following cases, the Supreme Court of India remarked, ―Whenever the
Court is entering into a new territory and is developing a new legal norm, discussion of
normative jurisprudence assumes greater significance as the Court is called upon to decide
what the legal norm should be. At the same time, normative jurisprudence has been to be
preceded by analytical jurisprudence which is necessary for the Court to underline existing
nature of law.‖?
a) Common Cause v. Union of India (2018)
b) Bhupinder Singh v. State of H. P (2011)
c) Kumar v. State of T. N (2013)
d) Gargi v. State of Haryana (2019)
86. Out of the following jurists, whose theory has earned the name of ―Natural Law with a
Variable Content‖?
a) St. Thomas Aquinas
b) John Locke
c) Hobbes
d) R. Stammler
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87. Which of the following philosophers gave the theory of ―Communicative Action‖?
a) Habermas
b) John Locke
c) Savigny
d) Lon L. Fuller
88. According to Habermas, the existence and legitimacy of Positive Laws hinges upon
which of the following?
a) Morality
b) Publication of Laws
c) Rational Democratic Process
d) Judicial recognition
89. Positive Law is called ‗Positive‘ because

a) It is made as a result of divine providence
b) It is made as a result of collective positive action
c) It is made by person in authority
d) It is followed by everybody
90. Positivists were romanticists because:

a) They were running away from the realities of post-industrial Britain.
b) They were not imagining a perfectly ordered society.
c) They were depicting the state of law and order of contemporary Britain.
Criminal law is the most direct expression of the relationship between a state and its citizens.
Criminal sanction is indeed the most coercive method of regulating an individual‘s behaviour
which any state may deploy. The degree of coercion under criminal law is qualitatively
different from the outcome in a dispute under civil law. The purpose of criminal law is to
forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens substantial
harm to individual or public interests. Feinberg explains the harm principle in following
words: 'It is always a good reason in support of penal legislation that it would probably be
effective in preventing (eliminating, reducing) harm to persons other than the actor and there
is probably no other means that is equally effective at no greater cost to other values'.
91. Which of the following reformed Criminal Law?
a) Malimath Committee
b) Justice M. N. Venkatachaliah Commitee
c) 52nd Law Commission Report
Page 27 of 35
92. Under Indian Penal code ‗Culpable homicide‘ is first defined, but ‗homicide‘ is not
defined at all. ‗Culpable homicide‘, the genus, and ‗Murder‘, the species, are defined in terms
so closely that it is difficult to distinguish them. The distinction between ‗Culpable homicide‘
and ‗Murder‘ was criticised as the ‗weakest part of the code‘ by-
a) Glanville Williams
b) Jamesh Stephen
c) Jeremy Bentham
d) Simith & Hogan
93. Lately Indian Criminal Law has been moving away from the above mentioned classical
Principles of Criminal Law. Which one of the following does not demonstrate this shift?
a) Creation of new crimes.
b) Shift in Burden of Proof
c) Presumption of Guilt
d) Broader definitions of crimes
94. The accused must be given death penalty to satisfy the ‗collective conscience of the
society‘. Is this the correct method of determining sentence?
a) Yes
b) No
c) Yes, in Terror and Sedition Cases
d) No, as what others think is irrelevant in deciding punishment
95. In determining the sentence, which of following factors are to be taken into
consideration?
a) Aggravating Factors
b) Mitigating Factors
c) Both Aggravating & Mitigating Factors
d) Collective Conscience of the Society
96. The Supreme Court itself admitted in Santosh Kumar Bariyar (2009) that death penalty is
imposed ‗arbitrarily or freakishly‘. The court made a candid admission in saying that ‗there is
no uniformity of precedents‘. In Sangeet (2013), the Court yet again acknowledged that
‗principled sentencing‘ has become ‗judge centric‘. In Swami Shraddhananda (2008), the
Court said, award of death sentence depends on the ‗personal predilection of judges‘ and
there is ‗lack of uniformity‘ in capital punishment. Which of the following statements is
correct?
a) Award of Death Penalty depends on law and is given in rarest of rare cases.
b) Award of Death Penalty depends on personal ideologies of judges.
Page 28 of 35
c) a) & b) both are correct.
d) a) is wrong.
97. In Machhi Singh (1983) a three judge bench listed five parameters to decide whether
case falls within ‗rarest of rare‘ such as the manner of commission of crime i.e. brutality,
motive, anti-social or abhorrent nature of crime, magnitude of crime and personality of victim
i.e. child, women or leader loved by people etc. Which parameter laid down by the
constitution bench in Bachan Singh was left out?
a) Too much importance was given to ‗Crime‘ but ‗Criminal‘ was left out.
b) Impact on society
c) Intent
d) Weapons used in the commission of crime
98. Who had said that ‗The Indian Penal Code is to the English criminal law what a
manufactured article ready for use is to the materials out of which it is made. It is to the
French Penal Code and, I may add, to the North German Code of 1871, what a finished
picture is to a sketch. It is far simpler, and much better expressed, than Livingston‟s Code for
Louisiana; and its practical success has been complete.‘?
a) Lord Macaulay
b) James Stephen
c) Hari Singh Gaur
d) Justice Krishna Iyer
99. Justice Fitzgerald observed: ‗The law of conspiracy is a branch of our jurisprudence to be
narrowly watched, to be zealously regarded and never to be pressed beyond its true limits.‘
Under Section 149, mere membership of the assembly without any participation in the crime
is sufficient. In the light of this statement, whether punishment of conspiracy by mere
agreement and under Section 149 by mere presence be deleted from the IPC?
a) Yes, if we believe in liberal and enlightened criminal jurisprudence
b) No, if we are status quoist
c) No, Conspiracy must remain punishable by mere agreement
d) No, mere presence should be enough
100. Criminal Law Revision must reflect-

a) Deterrent theory with the aim to prevent crime.
b) Retributive theory consistent with the scheme of victim compensation.
c) Reformative theory consistent with democratic values and civil liberties
Page 29 of 35
Read the extracts of leading judicial pronouncement and answer the questions below:
1. What is bad in theology was once good in law but after Shariat has been declared as the
personal law, whether what is Quranically wrong can be legally right is the issue to be
considered in this case. Therefore, the simple question that needs to be answered in this
case is only whether triple talaq has any legal sanctity. That is no more res integra. This Court
in [1] has held, though not in so many words, that triple talaq lacks legal sanctity. Therefore,
in terms of Article 141 [1] is the law that is applicable in India.
2. Having said that, I shall also make an independent endeavour to explain the legal position
in [1] and lay down the law explicitly.
3. [2] was enacted to put an end to the unholy, oppressive and discriminatory customs and
usages in the Muslim community. Section 2 is most relevant in the face of the present
controversy.
Application of Personal law to Muslims. – Notwithstanding any custom or usage to the

contrary, in all questions (save questions relating to agricultural land) regarding intestate
succession, special property of females, including personal property inherited or obtained
under contract or gift or any other provision of Personal Law, marriage, dissolution of
marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower,
guardianship, gifts, trusts and trust properties, and wakfs (other than charities and charitable
institutions and charitable and religious endowments) the rule of decision in cases where the
parties are Muslims shall be Muslim Personal Law (Shariat).
101. The name of which of the following judgments has been replaced by ‗[1]‘ in the passage
above?
a) Rukia Khatun v. Abdul Khalique Laskar
b) Shamim Ara v. State of UP and Another
c) Fuzlunbi v. K Khader Vali and Another
d) Mohd. Ahmad Khan v. Shah Bano Begum
102. Which of the following legislations has been replaced by ‗[2]‘ in the passage above?
a) The Muslim Personal Law (Shariat) Application Act, 1937
b) Special Marriage Act of 1872
c) The Muslim Women (Protection of Rights on Divorce) Act 1986
d) The Muslim Women (Protection of Rights on Marriage) Act, 2019
103. The Supreme Court constitution bench led by Chief Justice J. S. Khehar gave a
landmark judgement in Shayara bano v. Union of India. Consider the following statements:
1. Chief Justice J. S. Khehar‘s decision, along with Justice S Abdul Nazeer, concluded that
despite many findings the practice abhorrent, the Supreme Court does not have the power to
strike it down.
2. The five-member bench was divided 3-2 on the matter. The dissenting opinion instead
called for an injunction on the practice of talaq-e-biddat for six months, while also prodding
the legislature to take up the matter.
3. The majority struck it down with two judges holding it arbitrary and third judge holding it
unislamic.
Page 30 of 35
4. The Majority verdict was given by Justice Rohinton Nariman, Justice U U Lalit and Justice
D. Y. Chandrachud.
Select the correct statements about judgement:
a) 1& 2 are correct

b) 1, 2 & 3 are correct
c) 1, 2 & 4 are correct
d) All are correct
104. Which one of the following is not correctly matched?
1. Talak Ahsan--This consists of three pronouncement of divorces made during a tuhr

(period between menstruations) followed by abstinence from sexual intercourse for the
period of iddat.
2. Talak Hasan- This consists of three pronouncements made during successive tuhrs, no
intercourse taking place during any of the three tuhrs. The first pronouncement should be
made during a tuhr, the second during the next tuhr, and the third during the succeeding
tuhr.
3. Talak-ul-Bidaat - This consists of – (i) Three pronouncements made during a single tuhr
either in one sentence, e.g., ―I divorce thee thrice,‖ - or in separate sentences e.g., ―I
divorce thee, I divorce thee, I divorce thee‖,
4. Talak-ul-Bidaat - This consists of – (ii) a single pronouncement made during a tuhr
clearly indicating an intention irrevocably to dissolve the marriage, e.g., ―I divorce thee
irrevocably.‖
a) Only 1
b) 1 and 2
c) 3 and 4
d) 1, 2 and 3
105. In which one of the following cases, the proposition was laid down that Personal Laws
are beyond the pale of the Fundamental Rights Chapter of the Constitution and hence cannot
be struck down by this Court?
a) State of Bombay v. Narasu Appa Mali

b) Mohd. Ahmad Khan v. Shah Bano Begum
c) Daniel Latifi v. Union of India
d) Sarla Mudgal v. Union of India
Page 31 of 35
106. What does the phrase Res integra connote in the above passage?
a) Issues of law which have not been decided or untouched by dictum or decision.
b) Issues of law which have been settled by court.
c) Issues of law where so many inconsistent decisions are present
d) Issues of law which should be resolved by the legislature and not by the court
107. In which of the following cases, the Delhi HC had observed that the ―Introduction of
constitutional law in the home is most appropriate. It is like introducing a bull in a china
shop. It will prove to be the ruthless destroyer of the marriage institution and all that it
stands for. In the privacy of home and the married life, neither Article 21 nor Article 14 have
any place.‖?
a) Harvinder Kaur v Harmender Singh Chaudhry
b) Maneka Gandhi v. Indira Nehru Gandhi
c) T. Saritha v. Union of India
d) Prakash v. Phulwati
108. Which of the following statement is correct?

1. Hindu Marriage Act, 1955 recognizes Personal Law of Hindus
2. Hindu Marriage Act, 1955 does not recognize Personal Laws and is a landmark
legislation in the direction of Uniform Civil Code.
3. If two Hindus register their marriage under Special Marriage Act, they will continue to be
governed by the Hindu Succession Act rather than Indian Succession Act.
4. Hindu Marriage Act, 1955 recognized widow remarriage for the first time in India.
a) Only 1
b) 1 and 2 only
c) 2, 3 and 4.
d) 1 and 3 only
109. What is the meaning of ‗Khula‘ in the above passage?

a) Khula is the right of a woman in Islam to divorce and it means separation from her
husband
b) Khula is the right of a man in Islam to divorce and it means separation from his wife
c) Khula is ‗obtaining release from each other‘.
d) Khula is a form of Talaq practiced in Shia community.
Page 32 of 35
110. Pick up the correct statement-
a) Muslim women cannot get divorce on the grounds of cruelty.

b) Hindu woman can get divorce on the conversion to any religion by her husband.
Conversion by itself shall not dissolve marriage of Muslim woman but she can obtain
divorce on other grounds after conversion such as cruelty, impotency, disappearance etc.
c) Hindu woman can get divorce on the non -payment of maintenance for two years
d) All the above
The Principles of state responsibility dictate that states are accountable for breaches of
International Law. Such breaches of treaty or customary international law enable the injured
state to maintain a claim against the violating state, whether by way of diplomatic action or
by way of recourse to international mechanisms where such are in place with regard to
subject matter in issue. Recourse to International Arbitration or to the International Court of
Justice is also possible provided the necessary jurisdictional basis has been established.
Customary International Law imposes several important fundamental obligations upon the
States in the area of environmental protection. The view that the International law supports an
approach predicated upon absolute territorial sovereignty, so that a state could do as it liked
irrespective of the consequences upon other states has long been discredited. The basic duty
upon states is not so to act as to injure the rights of other states. This duty has evolved partly
out of the regime concerned with international waterways. In the [1] case, the Permanent
Court of International Justice noted that ‗this community of interest in a navigable river
becomes the basis of common legal right, the essential features of which are the perfect
equality of all riparian states in the use of the whole course of the river and the exclusion of
any preferential privileges of any riparian state in relation to others.‘. But the principle is of
far wide application. It was held in [2] case that the concept of territorial sovereignty
incorporated an obligation to protect within the territory the rights of other states. It has now
been established that it was an obligation of every state to not to allow knowingly its territory
to be used for acts contrary to the rights of other states. This judicial approach has now been
widely reaffirmed in international instruments. Article [3] of the Law of Sea Convention,
1982 provides that ‗states shall take all measures necessary to ensure that activities under
their jurisdiction and control are so conducted as not to cause damage by pollution to other
states and their environment.‘ It is sometimes argued that the appropriate standard for the
conduct of states in this field is that of strict liability. In other words, states are under an
absolute obligation to prevent pollution and are thus liable for its effects irrespective of fault.
111. In relation to State responsibility, the Permanent Court of International Justice has
observed that: ― It is a principle of international law and even a greater conception of law,
that any breach of an engagement involves an obligation to make reparation‖, in which of
the following case?
a) Chorzow Factory Case.
b) Home Missionary Society Case
c) Corfu Channel Case
d) Genocide Convention Case
Page 33 of 35
112. The name of which one of the following cases has been replaced by ‗[1]‘ in the above
paragraph?
a) Corfu Channel Case
b) Trial Smelter Arbitration
c) International Commission on the River Oder Case
d) Case Concerning auditing of accounts between Netherlands and France.
113. The name of which of the following cases has been replaced by ‗[2]‘ in the above
paragraph?
a) Island of Palmas Case
b) Nuclear Tests Case
c) Corfu Channel Case
114. Which Article has been replaced by ‗[3]‘ in the above paragraph?
a) 191
b) 192
c) 193
d) 194
115. In which of the following cases, the International Court of Justice pointed out that when
in regard to any matter of practice, two states follow it repeatedly for a long time, it becomes
a binding customary rule?
a) West Rand Central Gold Mining Company Ltd Case
b) South West Africa Case
c) Right of Passage over Indian Territory Case
d) North Sea Continental Shelf Case
116. Doctrine of ―Sic utere tuo ut alienum non leadas‖ is contained in which of the
following?
a) Basel Convention, 1989
b) Principle 21 of Rio Declaration
c) Kyoto Protocol, 1997
d) Principles 21 and 22 of Stockholm Declaration
Page 34 of 35
117. Advisory Opinion can be given by the International Court of Justice on Legal question:
a) On the request of Security Council Only
b) On the request of General Assembly only
c) On the request of General Assembly or Security Council or both.
d) On the request of Economic and Social Council if authorised by the Security Council.
118. In International Law, a good example of the application of principle of Sovereignty is

the ―theory of auto-limitation‖. This theory was given by which of the following schools of
thought?
a) Positivist
b) Historical
c) Sociological
d) Naturalist
119. Which of the following instruments refer to the ―Polluter Pays‖ Principle for fixing the
liability in environmental cases?
a) Principle 16 of Rio Declaration
b) International Convention on Oil Pollution Preparedness, Response and Cooperation, 1990.
c) Convention on Transboundary Effects of Industrial Accidents 1992.
120.International Court of Justice is different from the Supreme Court of India because:
a) It is an International Court having jurisdiction on all countries.
b) Its judgements are binding on all the members of United Nations.
c) Its judgements have no binding force.
d) Its jurisdiction is limited to States which have consented to its jurisdiction and its
judgements are binding only on the parties to the dispute.
Page 35 of 35
2
LLM. – COMMON LAW ADMISSION TEST, 2019
PART-A
1. The minimum number of judges of the Supreme Court who are to sit to decide any case
involving a substantial question of law as to the interpretation of the Constitution shall be:
(A) Three (B) Five
(C) Seven (D) Nine
2. Which of the following duties was inserted by way of an amendment in 2002?

(A) To uphold and protect the sovereignty, unity and integrity of India.
(B) To value and preserve the rich heritage of our composite culture
(C) To safeguard public property and abjure violence
(D) Who is a parent or guardian to provide opportunities for education to his child or, as
the case may be, ward between the age of six and fourteen years.
3. The Parliament of India consists of:

(A) Two Houses of Parliament
(B) President and Two Houses of Parliament
(C) President, Prime Minister and two Houses of Parliament
(D) President, Vice President and two Houses of Parliament.
4. The Goods and Services Tax Council shall make recommendations to the Union and the
States on a number of issues. Special provisions to how many States the Council can make
recommendations?
(A) Six (B) Eight
(C) Eleven (D) Thirteen
5. How many High Courts are there in India?

(A) 21 (B) 22
(C) 23 (D) 24
6. What is the total strength of the Supreme Court including the Chief Justice of India?
(A) 27 (B) 29
(C) 31 (D) 32
B 3 PG 2019
7. In which case the doctrine of severability was extended by the Supreme Court to
constitutional amendments?
(A) A.K. Gopalan v. State of Madras
(B) Golaknath v. State of Punjab
(C) Keshavananda Bharati v. State of Kerala
(D) Kihota Hollahan v. Zachilhu
8. Among the following judges, against whom the motion for removal were initiated in either
House of Parliament?
(A) Justice Ramaswamy and Justice Dinakaran
(B) Justice Ramaswamy and Justice Soumitro Sen
(C) Justice Dinakaran and Justice Soumitro Sen
(D) Justice Ramaswamy and Justice Karnan
9. Recently, the Supreme Court in Ram-Janmabhumi case:

(A) Has ordered mediation by a panel
(B) Has declined to decide on the case
(C) Has upheld the Allahabad High Court‘s decision
10. The Constitution Day is celebrated on:

(A) 26th January (B) 15th August
(C) 26th November (D) 10th December
11. If the Anglo-Indian Community is adequately represented, the President may nominate not
more than __________ members to the Lok Sabha:
(A) Three (B) Two
(C) One (D) Four
12. In which case the Supreme Court applied the doctrine of Prospective Over-ruling for the first
time to resolve a constitutional question?
(A) A. K. Gopalan v. State of Madras (B) Sajjan Singh v. State of Rajasthan
(C) Shakari Prasad v. Union of India (D) Golaknath v. State of Punjab
13. How many judges of the Supreme Court were superseded in the appointment of Justice
A.N. Ray as the Chief Justice of India?
(A) One (B) Three
(C) Two (D) None
14. The Directive Principles of State Policy were framed based on the provisions of:
(A) Swiss Constitution (B) Australian Constitution
(C) Irish Constitution (D) None
PG 2019 4 B
15. The Chief Justice of India who passed away while in office was:
(A) Justice A.N. Ray (B) Justice Sabayasachi Mukharji
(C) Justice J.S. Verma (D) Justice E.S. Venkataramiah
16. Every promise and every set of promises, forming the consideration for each other is known
as
(A) Consideration
(B) Agreement
(C) Contract
(D) Reciprocal Promises
17. The correct sequence in the formation of a contract is

(A) Offer, acceptance, agreement, consideration
(B) Agreement, consideration, offer, acceptance
(C) Offer, consideration, acceptance, agreement,
(D) Offer, acceptance, consideration, agreement
18. Match List-I with List-II and select the correct answer using the codes given below the lists:
List-I List-II
(a) Mohiri Bibi Case 1. Remoteness of damage
(b) Satyabrata Ghose Case 2. Frustration of Contract
(c) Hadley v. Baxendale 3. Invitation to treat
(d) Carlill v. Carbolic 4. Minor‘s contract
Codes :
(a) (b) (c) (d)

(A) 4 2 1 3
(B) 2 3 1 4
(C) 4 1 2 3
(D) 1 2 3 4
19. Acceptance sent through post:

(A) can be revoked at any time
(B) cannot be revoked at all
(C) can be revoked before it comes to the knowledge of the offeror
(D) can be revoked only if it does not reach the offeror
B 5 PG 2019
20. ‗A‘ applied for allotment of 100 shares in ‗B‘ company. A letter of allotment addressed to ‗A‘
was posted in due time, but it never reached ‗A‘. The posting of letter of allotment:
(A) completes the contract (B) does not completes the contract
(C) makes the contract voidable (D) makes the contract void
21. A takes a life insurance policy making a false statement about his health and does not
disclose the fact that he has been treated for a serious illness. In this case which one of the
following statements is correct:
(A) The Contract is void
(B) The Contract is valid
(C) Contract is voidable on the ground of fraud
(D) Contract is voidable on the ground of misrepresentation
22. In which case it has been laid down that a promise to pay subscription is binding on the
promisor if promisee has undertaken some liability on the faith of the promisee:
(A) Lalman Shukla v. Gauri Dutt (B) Kedar Nath v. Gorie Mohd
(C) Bhagwandas v. Girdhari Lal (D) Banwari Lal v. Sukhdarshan Dayal
23. Is past consideration for a promise valid to create a contract?

(A) It is valid only in Indian Law and not in English Law
(B) It is valid only in English Law and not in Indian Law
(C) It is valid both in Indian Law and English Law
(D) It is neither valid in English Law nor in Indian Law
24. An agreement not enforceable by law is:

(A) Void (B) Contract
(C) Voidable Contract (D) Valid Contract
25. Where the relations subsisting between the parties are such that one of the parties is in a
position to dominate the will of the other and uses that position to obtain an unfair
advantage over the other is known as
(A) Coercion (B) Misrepresentation
(C) Fraud (D) Undue Influence
26. The Universal Declaration of Human Rights was adopted on:

(A) December 08, 1948 (B) December 09, 1948
(C) December 10, 1948 (D) December 11, 1949
27. The United Nations Commission on Human Rights meets every year at:
(A) The Hague (B) Geneva
(C) France (D) Spain
PG 2019 6 B
28. CEDAW was adopted by the U. N. General Assembly in the year:
(A) 1979 (B) 1989
(C) 1999 (D) 2009
29. Human Rights Treaty Bodies:

(A) Draft human rights treaties (B) Negotiate human rights treaties
(C) Monitor human rights treaties (D) Amend human rights treaties
30. The following Committee cannot hear individual complaints of human rights violations:
(A) Committee that monitors ICCPR
(B) Committee that monitors human rights bodies
(C) Committee on the Elimination of Racial Discrimination
(D) Committee on Torture
31. Section —————— of the Copyright Act grants an author ―special rights,‖ which exist
independently of the author‘s copyright, and subsists even after the assignment (whole or
partial) of the said copyright.
(A) 77 (B) 66
(C) 57 (D) 87
32. The —————— Amendment to the Patents Act stated that ―computer programs per se‖ is
not an ―invention‖ - raising a debate whether a computer program (―CP‖) with any additional
features such as technical features, would be patentable.
(A) 2000 (B) 1999
(C) 2001 (D) 2002
33. If any dispute arises regarding publication of work, —————— will be the final authority
to decide the same
(A) Copyright Board (B) Patent Board
(C) Appropriate government (D) None of the above
34. What are the types of inventions which are no patentable in India?
(A) invention which is frivolous or which claims anything obviously contrary to well
established natural laws;
(B) an invention the primary or intended use or commercial exploitation of which could be
contrary to public order or morality or which causes serious prejudice to human, animal
or plant life or health or to the environment;
(C) the mere discovery of scientific principle or the formulation of an abstract theory or
discovery of any living thing or non-living substance occurring in nature
(D) All the above
B 7 PG 2019
35. What is the term of a patent in the Indian system?
(A) 20 years (B) 40 years
(C) 30 years (D) 12 years
36. What are the classes of works for which copyrights protection is available in India?
(A) Original literary, dramatic, musical and artistic works
(B) Cinematograph films
(C) Sound recordings
(D) All the above
37. In the case of a work made or first published by or under the direction or control of any
public undertaking, —————— shall, in the absence of any agreement to the contrary, be
the first owner of the copyright therein.
(A) Government (B) Such public undertaking
(C) Both (A) and (B) (D) None of the above
38. If the period of assignment copyright is not stated, it shall be deemed to be ----years from the
date of assignment.
(A) 4 (B) 5
(C) 6 (D) 7
39. Which of the following statement is right?

(A) An invention must not possess utility for the grant of patent. No valid patent can be
granted for an invention devoid of utility.
(B) An invention must possess utility for the grant of patent. No valid patent can be
granted for an invention devoid of utility.
(C) An invention must possess utility for the grant of patent. Valid patent can be granted
for an invention devoid of utility.
(D) An invention must not necessarily possess utility for the grant of patent. Valid patent
can be granted for an invention devoid of utility.
40. How many GI Tags have been issued in India so far?

(A) About 287 (B) About 321
(C) About 344 (D) About 406
41. ‗The Courts are the capitals of law‘s empire, and judges are its princes‘ wrote:
(A) H.L.A. Hart (B) Ronald Dworkin
(C) Robert Nozick (D) John Rawls
PG 2019 8 B
42. For H.L.A. Hart, the ‗open texture of law‘ means that the regulation of areas of conduct must
be left to be developed by:
(A) law teachers (B) courts
(C) legislature (D) people at large
43. According to Immanuel Kant rational formal knowledge is:

(A) material knowledge
(B) concerned with some object
(C) concerned with the form of understanding and reasons themselves
(D) a misnomer
44. Austinian notion of ‗positive morality‘ is:

(A) a priori (B) socially constructed
(C) religiously constructed (D) law strictly so called
45. For Roscoe Pound ‗jural postulates‘ are to be discovered:

(A) in the law itself (B) outside the law
(C) in the juristic thought (D) in all of the above
46. According to John Austin, the relationship between the sovereign and political independent
society is:
(A) Symmetrical (B) Asymmetrical
(C) Elliptical (D) Relative
47. John Rawls‘s concept of justice is a:

(A) Legal Concept (B) Political Concept
(C) Sociological Concept (D) Philosophical Concept
48. According to Realists:

(A) Custom is real law (B) Precedent is real law
(C) Statute is real law (D) Rule is real law
49. ‗What are States without justice, but robber bands enlarged?‘ asked:
(A) St. Aquinas (B) St. Augustine
(C) St. Joseph (D) St. Patrick
50. The following thinker is normally associated with the secularization of natural law:
(A) Hugo Grotius (B) Antonio Gramsci
(C) Martin Heidegger (D) Auguste Comte
B 9 PG 2019
51. Which one of the following is not formally considered as an amendment to the Constitution
under Article 368?
(A) Creation of new states (B) Change in the Preamble
(C) Change in the Part IV A (D) Change in Part XII
52. Who presides over the joint sitting of the two Houses of Parliament?
(A) Speaker (B) President
(C) Vice President (D) Nominee of the Chief Justice of India.
53. Which of the following category of judges is not mentioned in the Constitution?
(A) Acting Judge. (B) Additional Judge
(C) Adhoc Judge (D) Puisne Judge
54. The right to vote in elections in India is a:

(A) Fundamental right (B) Constitutional right
(C) Statutory right (D) Customary right
55. The fundamental right to form co-operative societies is provided under:

(A) Article 19 (1) (C) (B) Article 21
(C) Article 14 (D) Article 51 A (j)
56. The Ordinance making power of the President under the Indian Constitution is:
(A) An Executive power (B) A legislative power
(C) Quasi-legislative power (D) Quasi executive power
57. The concurrent power to impose tax has been provided under:
(A) Article 246 (B) List III of Schedule VII
(C) Article 307 (D) Article 246 A
58. The Goods and Services Tax Council is set up under :

(A) Article 263 (B) Article 269-A
(C) Article 279-A (D) Article 281
59. Who was the Constitutional Advisor to the Constituent Assembly?

(A) B N Rau (B) B R Ambedkar
(C) Rajendra Prasad (D) K M Munshi
60. Which one of the following is the correct statement in relation to the Collegium?
(A) Appointment and transfer of judges in the higher judiciary
(B) Appointment and transfer of judges in the judiciary
(C) Appointment, transfer and removal of judges in the judiciary
(D) Appointment, transfer, recusal and removal of judges in the judiciary
PG 2019 10 B
61. The Vice – President of India can be removed from office by:
(A) Impeachment.
(B) Resolution passed by both Houses of Parliament.
(C) Resolution passed by the Council of States and agreed to by the House of the People.
(D) Resolution by both Houses and Order signed by the President of India.
62. The President decides on disqualification of Members of Parliament under Article 103 only
on the advice of:
(A) Council of Ministers
(B) Constitution Bench of the Supreme Court of India
(C) Election Commission
(D) Chief Justice of India.
63. The recent amendment to the Constitution of India paving way for 10% reservation for
Economically Weaker sections was done by amending:
(A) Article 14 (B) Articles 15 and 16
(C) Article 15 (D) Article 338
64. How many amendments have been made to the Indian Constitution so far?
(A) 102 (B) 121
(C) 103 (D) 126
65. The National Commission for Backward Classes was created by:
(A) The Constitution (One Hundred and First Amendment) Act, 2016
(B) The Constitution (One Hundred and Second Amendment) Act, 2018
(C) The Constitution (One Hundred and Third Amendment) Act, 2019
(D) The Constitution (One Hundredth Amendment) Act, 2015
66. Which among the following States has no Legislative Council?

(A) Andhra Pradesh (B) Telangana
(C) Bihar (D) Madhya Pradesh
67. Passive euthanasia under certain circumstance is permissible was upheld in the case of:
(A) Aruna Ramachandra Shanbaug v. Union of India
(B) Gian Kaur v. State of Punjab
(C) State of Maharashtra v. Maruty Sripaty Dubal
(D) P. Rathinam v. Union of India
B 11 PG 2019
68. Compensatory jurisprudence was invoked by the Supreme Court in:
(A) Keshavanada Bharathi v. State of Kerala
(B) Rudal Shah v. State of Bihar
(C) Indira Nehru Gandhi v. Rajnarain
(D) Kihota Hollohan v. Zachilhu
69. Basheshar Nath v. Commissioner of Income Tax, is often quoted with reference to the:
(A) Doctrine of Eclipse
(B) Doctrine of severability
(C) Doctrine of Waiver of Fundamental Rights
(D) Doctrine of territorial nexus
70. Gunupati v. Nafizul Hasan deals with:

(A) Presidents‘ election (B) Privileges of the legislature
(C) Pardoning power (D) Office of profit
71. Reservation in promotions with consequential seniority in favour of Scheduled Castes and
Scheduled Tribes is facilitated by:
(A) Art. 16 (4A) (B) Art. 16(3)
(C) Art. 16 (4B) (D) Art. 15 (3)
72. Art. 141 of the Indian Constitution provides:

(A) Law declared by it is not binding on High Courts
(B) Law declared by the Supreme Court shall be binding on all courts within the territory
of India
(C) Advisory opinion may be given
(D) Appeals from the High Court
73. Doctrine of legitimate expectation and wednesbury principles were read by Supreme Court
into:
(A) Art. 12 (B) Art.14
(C) Art. 23 (D) Art.22
74. A seven member bench of the Supreme Court unanimously struck down clauses 2(d) of
Art.323 A and Clause 3(d) of Art 323B of the Constitution relating to tribunals which
excluded the jurisdiction of High Court and Supreme Court. The court held that power of
judicial review over legislative action is vested in the High Court under Art.226 and in the
Supreme Court under Art.32. This is an integral part of the basic structure of the
constitution. Name the case:
(A) L. Chandra Kumar v. Union of India
(B) KihotaHollohon v. Zachilhu
(C) Nagaraj v. State of A.P.
(D) Rajendra Singh Rana v. Swami Prasad Maurya
PG 2019 12 B
75. The phrase ‗complete justice‘ is used in:
(A) Article 141 (B) Article 142
(C) Article 144 (D) Article 145
76. The maxim actio personalis moritur cum persona means:

(A) Personal action dies with the parties to the cause of action
(B) An action is not given to him who has received no damages
(C) No one is responsible for inevitable accidents
(D) An act done by me against my will, is not my act
77. Match the incorrect entries.

(A) Injuria sine damnum Ashby v. White
(B) Damnum sine injuria Gloucester‘s Case
(C) Remoteness of Damage Rylands v. Fletcher
(D) Negligence Donoghue v. Stevenson
78. In Rylands v. Fletcher, Justice Blackburn used the term(s):

(A) Strict liability (B) Absolute liability
(C) Strict and absolute liability (D) None of the above
79. Contributory negligence is a:

(A) Tort (B) Crime
(C) Defence (D) Right
80. Volenti non fit injuria is a:

(A) General defence (B) Particular defence
(C) Not a defence (D) Defence in Tort law
81. Test of directness for determining remoteness of damage was laid down in:
(A) Wagon Mound 1 (B) Wagon Mound 2
(C) Re Polemis (D) Rylands v. Fletcher
82. Following is not an essential of tort of negligence

(A) Duty of care on the part of plaintiff (B) Duty of care on the part of defendant
(C) Breach of duty (D) Damage to plaintiff
83. Defamation is:

(A) Both a tort and crime (B) Tort only
(C) Crime only (D) Neither a tort nor a crime
B 13 PG 2019
84. Defaming someone by words or by gestures is called in Torts as:
(A) Libel (B) Slander
(C) Nuisance (D) None
85. What defense could be used when an injury is caused to a person due to unforeseen or
unexpected events in spite of reasonable care taken by him?
(A) Inevitable accident (B) Act of third party
(C) Act of God (D) None
86. Under Section 57 of Indian Penal Code, in calculating fractions of terms of punishment,
‗imprisonment for life‘ shall be reckoned as equivalent to imprisonment for:
(A) twenty years (B) twelve years
(C) thirty years (D) imprisonment till death
87. ‗A‘ a soldier, fires on a mob by the order of his superior officer, in conformity with the
commands of the law. Choose the correct statement:
(A) A has committed the offence of murder
(B) A has committed the offence of culpable homicide
(C) A has committed no offence
(D) A has committed the offence of riot.
88. The principle that ―Nothing is an offence which is done by a child under seven years of age‖ is
provided under:
(A) Section 81 of I.P.C. (B) Section 82 of I.P.C.
(C) Section 83 of I.P.C. (D) Section 84 of I.P.C.
89. Every person has a right to defend —————— against any offence:
(A) his own body only
(B) his own body and the body of his relatives only
(C) his own body and the body of any other person
(D) he has no right to defend against any offence affecting the human body
90. X, under the influence of madness, attempts to kill Y.

(A) X has committed the offence of murder
(B) Y has no right of private defense as X is insane
(C) Y has right of private defense which he would have if X were sane
(D) All statements are correct.
91. The right of private defense of property against theft continues till:
(A) the offender has effected his retreat with the property
(B) the assistance of the public authorities is obtained
(C) the property has been recovered
(D) All of the above
PG 2019 14 B
92. A person abets the doing of a thing by:
(A) Instigating any person (B) Engages in any conspiracy
(C) Intentionally aiding (D) All of the above
93. When two or more persons agree to do an illegal act, such an act is known as:
(A) Abetment (B) Public Tranquility
(C) Criminal conspiracy (D) All of the above
94. To commit an affray, the minimum number of persons required is:

(A) Two (B) Three
(C) Five (D) Seven
95. Outraging the modesty of a woman is punishable under:

(A) Section 354, IPC (B) Section 363, IPC
(C) Section 509, IPC (D) Section 511, IPC
96. ‗Opinio juris‘ means:

(A) Opinion of the jurists (B) Opinion of law
(C) State practice (D) Law of opinion
97. ‗Jus cogens‘ means:

(A) Norms (B) Negotiable norms
(C) Non-derogable norms (D) Legal norms
98. ‘Jus gentium’ is a body of:

(A) International Statutes (B) Decisions of ICJ
(C) International Conventions (D) International Customs
99. World Intellectual Property Organization is a specialized agency of:

(A) UN (B) ICJ
(C) WTO (D) ILO
100. The Rome Statute of the International Criminal Court was adopted in the year:
(A) 1998 (B) 1999
(C) 2000 (D) 2001
––––––––––––––––
B 15 PG 2019
SPACE FOR ROUGH WORK
PG 2019 16 B
LLM. – COMMON LAW ADMISSION TEST, 2019
PART-B
Maximum marks: 50
Instructions :
1. Answer any TWO of the following questions
2. All questions carry equal marks
3. Answer to each question shall not exceed 800 words
1. Briefly explain and critically evaluate the VVPAT and EVM in the light of contemporary
developments.
2. The Supreme Court observed that the Ordinance making power has been used to such an
extent that its use has become ‗fraud on the Constitution‘. Critically examine this statement
in the light of constitutional provisions, practices / conventions and judicial decisions.
3. Briefly explain and critically evaluate the concept of ―victims‘ compensation‖ in India in the
light of statutory provisions and judicial decisions.
4. What is meant by generic drugs? Explain its importance in the light of judicial decisions in
India.
5. Terrorism has become an international issue for long without finding any solution. Briefly
explain and critically evaluate the same in the light of contemporary developments.
————————
B 17 PG 2019
Notations :
Question Paper Name: Common Law Admission Test CLAT 2015 POST GRADUATE COURSES Actual
Subject Name:
Creation Date: 2015-04-28 11:06:51.0

Cut Off: 0
Duration: 120
Number of Questions: 150
Total Marks: 150.0
Group Number : 1
Group Id : 2
Group Maximum Duration : 0
Group Minimum Duration : 120
Revisit allowed for view? : No
Revisit allowed for edit? : No
Break time: 0
Group Marks: 150.0
Section Id : 6
Section Number : 1
Section type : Online
Mandatory or Optional: Mandatory
Number of Questions to be attempted: 50
Section Marks: 50.0
Sub-Section Number: 1
Sub-Section Id: 6
Question Shuffling Allowed : Yes
Question Number : 1 Question Id : 201 Question Type : MCQ Option Shuffling : No

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CLAT - 2016
Section : Constitutional Law

Linked Answer Question:
Direction: Choose the most appropriate option in the following questions:
Sub Question No : 1

Q.1 The total number of members in the Legislative Council of a State having such a Council shall not exceed:

Ans
1. two-‐third of the total number of members in the Legislative Assembly of that State.

2. the total number of members in the Legislative Assembly of that State.

3. one-‐half of the total number of members in the Legislative Assembly of that State.

4. one-‐third of the total number of members in the Legislative Assembly of that State.


Sub Question No : 2

Q.2 Right to enforce which Articles of the Constitution cannot be suspended during emergency?

Ans
1. Articles 19 and 21





Sub Question No : 3

Q.3 Which Article of the Constitution provides that "Subject to the provisions of any law made by Parliament or any rules made under Article 145, the Supreme
Court shall have the power to review any judgement pronounced or order made by it"?

Ans
1. Article 134

2. Article 142

3. Article 137

4. Article 135
Sub Question No : 4

Q.4 Which Article of the Constitution says that Law declared by the Supreme Court shall be binding on all courts within the territory of India?

Ans
1. Article 142

2. Article 141

3. Article 140

4. Article 146
Sub Question No : 5

Q.5 The concept of curative petition was applied by the Supreme Court in the case of:

Ans
1. P.A. Inamdar v. State of Maharashtra (2005)

2. Ashok Kumar Thakur v. UOI (2008)

3. Rupa Ashok Hurra v. Ashok Hurra (2002)

4. Om Kumar v. UOI (2002)


Sub Question No : 6

Q.6 All doubts and disputes arising out of or in connection with the election of the President shall be inquired into and decided by the:

Ans
1. Supreme Court

2. Elected members of Parliament and State Legislative Assemblies

3. Election Commission of India

4. Parliament in consultation with Election Commission of India
Sub Question No : 7

Q.7 Under which Article of the Constitution, a Commission to investigate the conditions of Backward Classes can be appointed by the President of India?

Ans
1. Article 340

2. Article 341

3. Article 342

4. Article 16 (4)


Sub Question No : 8

Q.8 Which of the following statement is correct?

Ans
1. A law put into the IX Schedule of the Constitution cannot be challenged on the ground of violation of basic structure

2. Only those laws which have been put into the IX Schedule after 24th April, 1973 can be challenged on the ground of violation of basic structure

3. A law put into the IX Schedule of the Constitution can be challenged on the ground of violation of basic structure, irrespective of the fact when the
law was put in the IX Schedule

4. Only those laws which have been put into the IX Schedule after 10th May, 1973 can be challenged on the ground of violation of basic structure


Sub Question No : 9

Q.9 Which is the correct language of Article 20 (2) of the Constitution?

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

2. No person shall be prosecuted and punished for the same offence more than once.

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

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


Sub Question No : 10

Q.10 In which case Supreme Court held that "the mental privacy" is a part of Article 21 of the Constitution?

Ans
1. Kesavananda Bharti v. State of Kerala, AIR 1973 SC 1461.

2. Aruna Shanbaug v. UOI (2011) 4 SCC 454

3. Selvi v. State of Karnataka (2010) 7 SCC 263

4. Bachpan Bachao Andolan v. UOI (2011) 5 SCC 1

Q.11 The conclusive part of Article 31 C, i.e. "and no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on

the ground that it does not give effect to such policy" was struck down by the Supreme Court in the case of:

Ans
1. Kesavananda Bharti v. State of Kerala, AIR 1973 SC 1461

2. Bhim Singh v. UOI, AIR 1981 SC 234

3. Golak Nath v. State of Punjab, AIR 1967 SC 1643

4. Minerva Mills v. UOI, AIR 1980 SC 1789

Q.12 In which case Articles 323 A (2) (d) and Article 323 B (3) (d) were declared unconstitutional to the extent they exclude the jurisdiction of the High Courts and

the Supreme Court under Articles 226/227 and 32 of the Constitution?

Ans
1. L. Chandra Kumar v. Union of India (1997)

2. I.R. Coelho v. State of Tamil Nadu (2007)

3. Maneka Gandhi v. Union of India (1978)

4. S.P. Sampath Kumar v. Union of India (1987)



Q.13 Financial emergency under Article 360 of the Constitution once imposed, after the approval by both the Houses of Parliament within the period of two
months, shall remain valid for the period of:

Ans
1. one year

2. till it is revoked by the Parliament

3. six months

4. three year



Q.14 The Constitution (One Hundredth Amendment) Act, 2015 gave effect to the exchange of:

Ans
1. 51 Bangladeshi and 51 Indian enclaves.

2. 111 Indian and 111 Bangladeshi Enclaves.

3. 51 Bangladeshi and 111 Indian Enclaves.

4. 111 Bangladeshi and 51 Indian Enclaves.



Q.15 Which case is popularly known as "Cash for Question" case?

Ans
1. Rajnath Singh v. Hon'ble Speaker Lok Sabha (2008)

2. In re Keshav Singh case (1965)

3. Amrinder Singh v. Punjab Vidhan Sabha (2010)

4. Raja Ram Pal v. Hon'ble Speaker Lok Sabha (2007)

Q.16 If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in Clause (1) of
Article 102 of the Constitution, the question shall be referred for the decision of the _______ and his decision shall be final.

Ans
1. Prime Minister

2. Vice-‐President

3. Speaker/Chairman of the House

4. President

Q.17 Which Article of the Constitution puts obligation on the State to promote with special care the educational and economic interests of the weaker sections of
the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes?

Ans
1. Article 46

2. Article 43

3. Article 45

4. Article 21-‐A



Q.18 The President of India may be removed from the office by impeachment on the ground of:

Ans
1. proved misbehavior or incapacity

2. proved misbehavior and misconduct

3. violation of the Constitution

4. proved misbehavior

Q.19 An Ordinance promulgated by the President under Article 123 of the Constitution shall cease to operate at the expiration of ____ from the reassembly of
Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both the Houses of Parliament and in such case upon the

passing of the second of those resolutions; and may be withdrawn at any time by the President.
Ans
1. two months

2. six months

3. six weeks

4. one month

Q.20 By which amendment to the Constitution, Article 16 (4B) was added?

Ans
1. The Constitution (Eighty-‐fifth Amendment) Act, 2001

2. The Constitution (Ninetieth Amendment) Act, 2003

3. The Constitution (Eighty-‐first Amendment) Act, 2000

4. The Constitution (Eighty-‐second Amendment) Act, 2000

Q.21 Which Schedule of the Constitution of India deals with the provisions as to disqualification on ground of defection?

Ans
1. X

2. VIII

3. VII

4. IX



Q.22 Article 21-‐A was inserted in the Indian Constitution by:

Ans
1. the Constitution (Ninety-‐second Amendment) Act, 2003

2. the Constitution ( Eighty-‐fifth Amendment) Act, 2001

3. the Constitution (Forty-‐second Amendment) Act, 1976

4. the Constitution (Eighty-‐sixth Amendment) Act, 2002

Q.23 The doctrine of "occupied field" was applied by the Supreme Court in the case of:

Ans
1. Union of India v. Tulsi Ram Patel (1985)

2. A. B. Krishna v. State of Karnataka (1998)

3. I. R. Coelho v. Union of India (2007)

4. Kesavananda Bharti v. State of Kerala )1973)



Q.24 In which Article of the Constitution the "Contingency Fund" of India is defined?

Ans
1. Article 267

2. Article 266

3. Article 269

4. Article 268



Q.25 In case of a deadlock over an Ordinary Bill between two Houses in a State Legislature, the Bill is deemed to have been passed:

Ans
1. after the Bill has been passed for the second time by the Legislative Assembly and more than six months elapse from the date on which the Bill is laid
for the second time before the Legislative Council without the Bill being passed by it.

2. after the Bill has been passed for the second time by the Legislative Assembly and more than three months elapse from the date on which the Bill is
laid for the second time before the Legislative Council without the Bill being passed by it.

3. only in the form in which it is passed in the joint sitting of both the Houses of the State Legislature.

4. after the Bill has been passed for the second time by the Legislative Assembly and more than one month elapses from the date on which the Bill is laid
for the second time before the Legislative Council without the Bill being passed by it.



Q.26 Election to fill a vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise, shall be held as soon as possible
after, and in no case later than:

Ans
1. two months from the date of occurrence of the vacancy

2. six months from the date of occurrence of the vacancy

3. one month from the date of occurrence of the vacancy

4. three months from the date of occurrence of the vacancy



Q.27 Who in respect of every financial year cause to be laid before both the Houses of Parliament, a statement of the estimated receipts and expenditure of the

Government of India for that year, which is known as "annual financial statement"?

Ans
1. Speaker of the House

2. Prime Minister

3. President

4. Finance Minister

Q.28 By which amendment the ground of "armed rebellion" for imposing national emergency was substituted for the ground "internal disturbance"?

Ans
1. The Constitution (Thirty-‐ninth Amendment) Act, 1975

2. The Constitution (Forty-‐second Amendment) Act, 1976

3. The Constitution (Fiftieth Amendment) Act, 1984

4. The Constitution (Forty-‐fourth Amendment) Act, 1978



Q.29 Article 30 of the Constitution gives the right to establish and administer educational institutions of their choice to all minorities whether based on:

Ans
1. religion and language

2. language

3. religion or language

4. religion



Q.30 Which of the following judgment of the Supreme Court is related to rights of third gander?

Ans
1. Democratic Union v. Govt. of India (2015)

2. Ramprakash v. State of UP (2013)

3. Peoples Union for Civil Liberty v. State of Maharashtra (2000)

4. National Legal Services Authority v. Union of India (2014)

Q.31 In which case the Supreme Court declared Clauses (4) and (5) of Article 368 of the Constitution as unconstitutional?

Ans
1. Minerva Mills Ltd. v. Union of India (1980)

2. I.R. Coelho v. Union of India (2007)

3. Indira Nehru Gandhi v. Raj Narain (1976)

4. L. Chandra Kumar v. Union of India (1997)

Q.32 In which case the Supreme Court of India held that "right to life" does not include "right to die"?

Ans
1. Gian Kaur v. State of Punjab (1996)

2. State of Maharashtra v. Maruti Sripati (1987)

3. Mithu v. State of Punjab (1983)

4. P. Rathinam v. Union of India (1994)



Q.33 Under Article 355 of the Constitution it shall be the duty of the Union to protect every State against:

Ans
1. war, external aggression and armed rebellion

2. external aggression

3. external aggression and armed rebellion

4. external aggression and internal disturbance



Q.34 In the Constitution of India, disqualification for appointment on remunerative political post is provided in:

Ans
1. Article 361 -‐ A

2. Article 361

3. Article 361 -‐ B

4. Article 362

Q.35 Article 29 (2) of the Constitution provides that "No citizen shall be denied admission into any educational institution maintained by the State or receiving aid

out of State funds on grounds only of:

Ans
1. religion, race, caste, place of birth, language or any of them.

2. religion, race, caste, language or any of them.

3. race, caste, sex, language or any of them.

4. religion race, caste, sex, language or any of them.

Q.36 The joint sitting of both the Houses of Parliament in certain cases can be called by the President under Article:

Ans
1. 107

2. 110

3. 108

4. 109



Q.37 For the election of the President, the electoral college shall consist of:

Ans
1. Elected members of both the Houses of Parliament, members of the Legislative Assemblies of the States and elected members of the Legislative
Assemblies of Delhi and Pondicherry.

2. Members of both the Houses of Parliament, members of Legislative Assemblies of States and Legislative Assemblies of Delhi and Pondicherry.

3. Elected members of both the Houses of Parliament, members of the Legislative Assemblies of States including National Capital Territory of Delhi and
the Union Territory of Pondicherry.

4. Elected members of both the Houses of Parliament and elected members of Legislative Assemblies of the States including National Capital Territory of
Delhi and the Union Territory of Pondicherry.



Q.38 In which case the Supreme Court ruled that the defence of "sovereign immunity" is alien to the concept of guarantee of fundamental rights?

Ans
1. Rudal Sah v. State of Bihar (1983)

2. PUDR v. Union of India (1983)

3. Nilabati Behera v. State of Orissa (1993)

4. Maneka Gandhi v. Union of India (1978)

Q.39 In which case the Supreme Court observed that there is no fundamental right to strike?

Ans
1. Sodan Hussain v. N.D.M.C. (1989)

2. Delhi Police Non-‐Gazetted Karamchari Union v. Union of India (1987)

3. T. K. Rangarajan v. State of Tamil Nadu (2003)

4. Manohar Lal v. State of Punjab (1961)



Q.40 In which case the administration had approached the High Court seeking order for termination of pregnancy of an orphan women, suffering from mild
mental retardation and found pregnant (allegedly on having been raped)?

Ans
1. Savita Kumari v. Chandigarh Admn.

2. Orphan Society v. Delhi Admn.

3. Suchita Srivastava v. Chandigarh Admn.

4. Suchita Krishnan v. Delhi Admn.



Q.41 The operative part of Article 310 (1) of the Constitution is:

Ans
1. Subject to the provisions of this Constitution

2. Notwithstanding anything provided by this Constitution

3. Except as expressly provided by this Constitution

4. Subject to the provision of Article 311

Q.42 Under which Articles of the Constitution the rights given therein are available only to the citizens of India?

Ans
1. Articles 15, 16, 19 and 17

2. Articles 15, 16, 19 and 21

3. Articles 15, 16, 19 and 29

4. Articles 15, 16, 19 and 25 (2)

Q.43 Which Article of the Constitution puts a duty on every citizen of India to renounce practices derogatory to the dignity of the woman?

Ans
1. Article 21

2. Article 51 A (g)

3. Article 51 A (e)

4. Article 19

Q.44 In which case the Supreme Court upheld the use of Aadhaar Card for certain government schemes?

Ans
1. K. S. Puttaswamy v. UOI

2. Sandeep v. UOI

3. M. C. Mehta v. UOI

4. PUDR v. UOI



Q.45 Under which Article of the Constitution the Prime Minister is duty bound to furnish information to the President regarding all decisions of Council of

Ministers relating to the administration of the affairs of the Union and proposals for legislation as the President may call for?

Ans
1. Article 76

2. Article 78

3. Article 79

4. Article 77



Q.46 President can appoint distinguished jurist as a Judge:

Ans
1. of the High Court only

2. of the High Court as well as Supreme Court

3. neither of the High Court nor of the Supreme Court

4. of the Supreme Court only

Q.47 Which of the following statement is correct?

Ans
1. Some provisions of the Constitution came into force on 26.11.1949 and the remaining provisions came into force on 26.01.1950.

2. All the provisions of the Constitution came into force on 15.08.1947.

3. Some provisions of the Constitution came into force on 15.08.1947 and the remaining provisions came into force on 26.11.1949.

4. All the provisions of the Constitution came into force on 26.01.1950.

Q.48 By which amendment to the Constitution, Article 13 (4) was added?

Ans
1. The Constitution (Twenty-‐fifth Amendment) Act, 1971

2. The Constitution (Twenty-‐fourth Amendment) Act, 1971

3. The Constitution (Twenty-‐ninth Amendment) Act, 1972

4. The Constitution (Twenty-‐third Amendment) Act, 1969



Q.49 The total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed:

Ans
1. 15% of the total number of members of the Parliament

2. 15% of the total number of members of House of the People

3. 15% of the total number of elected members of House of the People and Council of States

4. 15% of the total number of members of the Council of States

Q.50 In which case the Supreme Court upheld the Haryana Panchayati Raj Act prescribing minimum educational qualifications for contesting elections of
Panchayats?

Ans
1. Chaudhry Ranbir Singh v. State of Haryana

2. Ravibala v. State of Haryana

3. Rajbala v. State of Haryana

4. Chaudhry Ravi Singh v. State of Haryana

Section : Jurisprudence

Sub Question No : 1

Q.1 The Indian Penal Code is a:

Ans
1. customary code

2. consolidating code

3. refined code

4. creative code


Sub Question No : 2

Q.2 Who defined 'administration of justice' as the 'maintenance of right within a political community by means of the physical force of the State'?

Ans
1. Duguit

2. Keeton

3. Ihering

4. Salmond
Sub Question No : 3

Q.3 " The movement of progressive societies has hitherto been a movement from status to contract". This was stated by:

Ans
1. Savigny

2. Maitland

3. Savigny and Maine

4. Maine
Sub Question No : 4

Q.4 The absolutist theories of sovereignty were given by:

Ans
1. Bodin, Hobbes and Austin

2. Austin; Almond and Maine

3. Austin, Kelsen and Maine

4. Austin; Bentham and Savigny
Sub Question No : 5

Q.5 While differentiating between judicial and legislative creativity, it was stated that "the creative power of the courts is limited by existing legal material at
their command. They find the material and shape it. The legislature may manufacture entirely new material". Who made this statement?

Ans
1. Savigny

2. Allen

3. Salmond

4. Austin


Sub Question No : 6

Q.6 Find out the odd man out among the following:

Ans
1. Comte

2. Hegel

3. Savigny

4. Puchta


Sub Question No : 7

Q.7 That "Jurisprudence then, in the present hypothesis, is the Lawyers extra version" was observed by:

Ans
1. Julius Stone

2. John Locke

3. Kelsen

4. Ihering
Sub Question No : 8

Q.8 Which of the following is said to be "Nine Points in Law"?

Ans
1. Ownership

2. Right

3. Possession

4. Might
Sub Question No : 9

Q.9 Who said that "Certainty of law is a legal myth"?

Ans
1. Kelsen

2. Salmond

3. Jerome Frank

4. Holmes



Q.10 A Right is:

Ans
1. A righteous claim

2. A legal claim

3. A just claim

4. A moral claim

Q.11 According to the "Purpose theory" of personality:

Ans
1. The dignity of being a "juristic person" as having to be conceded by the State.

2. beneficiary of a foundation is a person.

3. person is applicable only to human beings.

4. corporate entity is a person.



Q.12 Rights in 're propria' mean:

Ans
1. Intangible rights

2. Rights in one's own things

3. Tangible rights

4. Rights in the things of others



Q.13 The physical control of an object is:

Ans
1. possessio civilis

2. practor's interdicts

3. possessio naturales

4. possessio interdicts

Q.14 Which of the following was the famous work of Jermy Bentham?

Ans
1. Limits of Jurisprudence Defined

2. The Concept of Law

3. The Spirit of Law

4. Province of Law Determined

Q.15 According to Historical School, the most important source of law is:

Ans
1. Judicial Precedent

2. Legislation

3. Custom

4. Morality

Q.16 Who stated, "Common law is essentially judge made law"?

Ans
1. Salmond

2. Pollock

3. Holmes

4. Blackstone



Q.17 One of the important aspects of Sociological School is to study:

Ans
1. Effect of law on international order

2. Effect of law on society

3. Effect of law on morality

4. Effect of law on religion



Q.18 Which theory of law is known as "Vienna School" of legal thought?

Ans
1. Pure

2. Natural

3. Historical

4. Philosophical

Q.19 Which of the following is not a characteristic of sovereignty as per Austin's analysis?

Ans
1. Essentiality

2. Indivisibility

3. Illimitability

4. Divinity



Q.20 Who said that the task of law is 'social engineering'?

Ans
1. Durkheim

2. Roscoe Pound

3. Henry Marne

4. Ehrlich



Q.21 "Ignorantia facit execusat" means:

Ans
1. Ignorance of fact is no excuse

2. Ignorance of law is excuse

3. Ignorance of law is no excuse

4. Ignorance of fact is excuse

Q.22 Who was the author of "The Province of Jurisprudence Determined"?

Ans
1. Kelsen

2. Dias

3. Austin

4. Salmond



Q.23 In Pure Theory of Law, a legal norm derives its validity from:

Ans
1. Sovereign

2. Higher Legal Norm

3. Higher Moral Norm

4. Higher Social Norm



Q.24 Who said that "the essence of legal right seems to me to be not legally guaranteed power to realize an interest"?

Ans
1. Salmond

2. Allen

3. Hegel

4. Paton

Q.25 Fill in the blanks by choosing the correct option:

_________________ justice prescribes equality. There has to be equal distribution among equals, unequal distribution among unequals. _____________
justice seeks to restore equality, when this has been shaken, on the assumption that the situation that has been upset was distributively first.
Ans
1. Distributive, Corrective

2. Classic, Corrective

3. Particular, Distributive

4. Universal, Classic

Q.26 In India, which of the following cannot logically be said to be the manifestation of "VOLKSGEIST"?

Ans
1. GURUKUL Education

2. Community Labour (SHRAMDAN)

3. Untouchability

4. Panchayat system

Q.27 Who stated that "I recognize without hesitation that judges must and do legislate, but they do so only interstitially; they are confined from molar to
molecular motions"?

Ans
1. Justice Holmes

2. Grey

3. Kant

4. Justice Cardozo



Q.28 According to Kelsen

Ans
1. Law is to serve social purpose

2. Law is a means not an end

3. Law is the command of the sovereign

4. Law is a normative science



Q.29 Four elements of State are:

Ans
1. Population, Territory, Sovereignty and Divinity

2. Population, Territory, Government and Sovereignty

3. Population, Sovereignty and Territory and Equality

4. Sovereignty, Government and Territory and Morality

Q.30 Savigny, Salmond and Dicey were the main supporters of which theory of personality?

Ans
1. Organic theory

2. Concession theory

3. Bracket theory

4. Fiction theory

Q.31 According to Hohfeld what is the "jural opposite" of power?

Ans
1. Right

2. Liability

3. Disability

4. Duty



Q.32 Who is the author of the famous work "Law in the Making"?

Ans
1. C.K. Allen

2. Kelsen

3. Upendra Baxi

4. Henry Maine

Q.33 According to Hohfeld if 'X' has a power, 'Y' has a liability. A liability in 'Y' means the absence of immunity in him. Therefore,:

Ans
1. There is no relation between power and liability.

2. Power and liability are "jural contradicts".

3. Power and liability are "jural opposites".

4. Power and liability are "jural correlatives.

Q.34 Salmond distinguished between "corporeal possession" and "incorporeal possession". According to him corporeal possession refers to:

Ans
1. Possession of physical objects

2. Possession of rights

3. intention to possess physical objects

4. intention to possess rights



Q.35 Who defined law as 'a social institution to satisfy social wants"?

Ans
1. Duguit

2. Ihering

3. Pound

4. Kelsen



Q.36 Who said that "Jurisprudence was the first of the social sciences to be born"?

Ans
1. Savigny

2. Duguit

3. Wurzel

4. Hegel

Q.37 Who summarized Austin's thesis by stating that "this, at first sight, looks like a circular reasoning. Law is law since it is made by the Sovereign. The Sovereign

is Sovereign because he makes the law"?

Ans
1. Fuller

2. Buckland

3. Holland

4. Hart

Q.38 Who used the "social solidarity" as a criterion of the validity of Laws?

Ans
1. Duguit

2. Pound

3. Kelsen

4. Ihering



Q.39 X was allowed to put her goods in certain rooms in Y's house. X sent them by agent, who locked them in the rooms allotted for that purpose in Y's house by

Y, and took away the key.

Ans
1. X was in possession of the rooms

2. The agent of 'X' was in possession of the rooms

3. The agent of 'X' and 'Y' were in possession of the rooms.

4. 'Y' was in possession of the rooms



Q.40 According to Analytical School, pre-‐existence of which of the following is necessary for the growth of Positive Law?

Ans
1. Family

2. State

3. Tribe

4. Clan

Q.41 Which school regards the judge made law as "an unauthorized encroachment upon the powers of the legislators to make law"?

Ans
1. Realist school

2. Historical school

3. Sociological school

4. Analytical school

Q.42 What is the correlative of "Immunity", according to Hohfeld?

Ans
1. Duty

2. Liability

3. Disability

4. Power



Q.43 American Realist movement is a combination of the:

Ans
1. natural Law positivist and sociological approaches

2. analytical positivist and sociological approaches

3. historical positivist and sociological approaches

4. natural Law positivist and historical approaches

Q.44 Right to one's Reputation is a:

Ans
1. right in rem

2. right in personam

3. an easement right

4. property right

Q.45 Cicero defined law as:

Ans
1. The highest reason implanted in nature.

2. The aggregate of rules set by men or politically superior, or sovereign, to men or politically subject.

3. A social institution to satisfy social wants.

4. The form of the guarantee of the conditions of life of society assured by state's power of constraint.



Q.46 Who is the propounder of "Bracket theory" of personality?

Ans
1. Ihering

2. Baker

3. Savigny

4. Salmond



Q.47 That "Life of Law has not been logic, it has been experience" was observed by:

Ans
1. Hohfield

2. Holmes

3. Holland

4. Henry Maine

Q.48 Who is the author of the famous book "The Concept of Law"?

Ans
1. Kelsen

2. Upendra Baxi

3. Austin

4. Hart

Q.49 Who is called the "father of English Jurisprudence"?

Ans
1. Kelsen

2. John Austin

3. Ihering

4. Justice Holmes



Q.50 The reaction against which law theories provided a rich bed in which the seeds of historical scholarship took root and spread?

Ans
1. Realist law theories

2. Natural law theories

3. Analytical law theories

4. Pure law theories

Section : Other Subjects such as Contract , Torts , Criminal Law , International Law, IPR etc

Sub Question No : 1

Q.1 'A' signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. 'A' commits:

Ans
1. attempt of cheating

2. forgery

3. attempt of forgery

4. cheating
Sub Question No : 2

Q.2 Article 51 of the UN Charter saves which of the following rights as being inherent?

Ans
1. Right to free trade with member-‐States

2. Right to enter into relations with other States

3. Right of self-‐defence

4. Right of self-‐determination


Sub Question No : 3

Q.3 A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the assets according to the will, and appropriates

the assets to his own use. A commits:

Ans
1. criminal breach of trust

2. theft

3. cheating

4. forgery


Sub Question No : 4

Q.4 Under the Patents Act, 1970 a patent is granted for:

Ans
1. invention

2. discovery

3. observation

4. finding


Sub Question No : 5

Q.5 'A' gives authority to 'B' to sell A's land and to pay himself, out of the proceeds, the debts due to him from 'A':

Ans
1. A cannot revoke this authority.

2. The authority can be terminated after the death of 'A'.

3. A can revoke this authority subsequently.

4. The authority can be terminated on the ground of insanity of 'A'.
Sub Question No : 6

Q.6 'A' voluntarily throws into a river a ring belonging to 'Z', with the intention of thereby causing wrongful loss to 'Z'. 'A' has committed:

Ans
1. extortion

2. theft

3. cheating

4. mischief


Sub Question No : 7

Q.7 The Judges of International Court of Justice are elected for nine years and the court shall elect its President or Vice-‐President for a term of:

Ans
1. Nine years

2. Three years

3. Five years

4. Seven years


Sub Question No : 8

Q.8 A married couple has adopted a son under the provisions of the Hindu Adoptions and Maintenance Act, 1956. While the adopted son is alive, the couple is
willing to adopt another son as the said adopted son was not medically fit to produce a child. The couple-‐

Ans
1. can adopt another son with the permission of the Court

2. cannot adopt another son

3. can adopt another son with the consent of the adopted son

4. can adopt another son


Sub Question No : 9

Q.9 A nine year old boy bought petrol in a Can from the defendant, a petrol dealer by falsely stating that his mother needed it for her car. In fact, he used it to
play with it, and, in doing so, sustained burn injuries. The defendant is:

Ans
1. there was contributory negligence of the boy, therefore defendant is not liable.

2. not liable in negligence because possession of the Can and money proved that boy acted as a reasonable person.

3. not liable in negligence as the boy had made a false statement and the defendant believed it to be true.

4. liable in negligence for supplying petrol to so young a boy who was not expected to know the properties of petrol.

Q.10 A, B, C, D, and E, while carrying away property obtained by theft committed in a house fired shots in the air with a view to scare away the inmates, from
pursuing them. They are guilty of:

Ans
1. extortion

2. dacoity

3. roit

4. theft



Q.11 Who said that the Public International Law is "a Vanishing Point of Jurisprudence"?

Ans
1. Fawcett

2. Brierly

3. Holland

4. Grotius



Q.12 'A' supplies to the dependent wife and children of a lunatic 'B', necessities suitable to their needs and conditions of life. 'A' is:

Ans
1. entitled to reimbursement from B's property.

2. entitled to partial reimbursement only.

3. not entitled to any reimbursement.

4. entitled to reimbursement at the discretion of 'B'.

Q.13 A' agrees to buy from 'B' a certain horse. It turns out that horse was dead at the time of the bargain, though neither party was aware of the fact. The
agreement is:

Ans
1. valid for claim of compensation

2. voidable

3. valid

4. void

Q.14 An accused head master of a school threatens a lady teacher to sign certain blank papers and if she does not do so, he would defame her. The head master is
guilty of:

Ans
1. extortion

2. attempt to commit defamation

3. criminal intimidation

4. robbery

Q.15 The essential tests for the existence of international custom are:

Ans
1. uniform states practice and opinio juris sive necessitatis

2. ancient nature

3. ancient nature, uniform states practice and opinio juris sive necessitatis

4. ancient nature, uniform states practice



Q.16 Indian Copyright Act, 1957 protects the literary work for following term:

Ans
1. Life of author plus 25 Years after his/her death

2. Full life only

3. Life of author plus 50 Years after his/her death

4. Life of author plus 60 Years after his /her death



Q.17 In his definition of 'Law of Tort', Winfield supports the principle given in the maxim:

Ans
1. Ubi remedium ibi jus

2. Ubi jus ibi remedium

3. Respondeat superior

4. Damnum sine injuria

Q.18 Emission Trading mechanism is a market based mechanism provided in:

Ans
1. Warsaw Amendment, 2013

2. Kyoto Protocol, 1997

3. U.N. Convention on Climate Change, 1992

4. Lima Agreement, 2014



Q.19 Basic principles of award of compensation for breach of contract were laid down in:

Ans
1. Hadley v. Baxendale

2. Solomon v. Solomon

3. Harvey v. Facie

4. Carllil v. Carbolic Smoke Ball Co.



Q.20 'A' lets to 'B', for hire, a horse for his riding. 'B' uses the horse to drive the carriage:

Ans
1. The bailment is automatically terminated.

2. The termination of bailment is at the option of 'A'.

3. The bailment can be terminated at the option of 'B'.

4. The bailment cannot be terminated.

Q.21 'A' inserts his finger into the anus of a woman against her will. Under which one of the following Sections of the Indian Penal Code, 1860 'A' is punishable?

Ans
1. Section 377

2. Section 354

3. Section 376

4. Section 509



Q.22 For the offence of cheating, which one of the following state(s) of guilty mind/s is/are to be proved?

Ans
1. Fraudulently or dishonestly

2. Dishonestly

3. Fraudulently

4. Fraudulently and dishonestly



Q.23 Who is called father of Public International Law?

Ans
1. Grotius

2. Holland

3. Starke

4. Oppenheim

Q.24 A' proposes, by letter, to sell a house to 'B' at a certain price. 'B' accepts the proposal of 'A' by posting a letter to 'A'. Select the correct option:

Ans
1. There cannot be an agreement between 'A' and 'B' by post.

2. The communication of the acceptance is complete against 'B' when the letter is posted by 'B'.

3. The communication of the acceptance is complete against 'B' when the letter is received by 'A'.

4. The communication of the proposal is complete when letter of proposal was posted by 'A'.

Q.25 India acceded to the International Covenant on Civil and Political Rights in:

Ans
1. 1972

2. 1966

3. 1979

4. 1976

Q.26 Under the Copyright Act, 1957 copyright can be granted to?

Ans
1. invention

2. handicrafts

3. design of a bottle

4. literary, dramatic, musical and artistic work



Q.27 Which one of the following is not a defence to the strict liability rule in tort?

Ans
1. Plaintiff's own default.

2. Inevitable accident.

3. Act of God.

4. Escape of dangerous things through the unforeseeable act of a stranger.



Q.28 Which one of the following is not an element of the tort of malicious prosecution?

Ans
1. Prosecution of the plaintiff by the defendant.

2. Damage to the plaintiff due to malicious prosecution.

3. Termination of the criminal case in favour of the defendant.

4. Absence of reasonable and probable cause for prosecution.

Q.29 Which one of the following is accepted as mens rea for constituting the offence of theft?

Ans
1. voluntarily

2. Dishonestly

3. Fraudulently

4. knowingly



Q.30 Where the principle of "Common but differentiated responsibilities" finds a place?

Ans
1. Paris Agreement, 2015

2. Montreal Protocol, 1987

3. U.N. Convention on Biodiversity, 1992

4. Warsaw Amendment, 2013



Q.31 When, U.N. Human Rights Council, which is successor to the U.N. Commission on Human Rights, was established?

Ans
1. 2010

2. 2012

3. 2013

4. 2006

Q.32 In execution of a decree for the maintenance, salary of a person can be attached to the extent of:

Ans
1. two third

2. one half

3. one fourth

4. one third



Q.33 If International Law were only a kind of morality, the framers of State Papers Concerning Foreign Policy would throw all their strength on moral argument.
Who made this observation?

Ans
1. Fitzmaurice

2. J.G. Starke

3. John Austin

4. Frederick Pollock



Q.34 The maxim 'qui facit per alium facit per se' means:

Ans
1. he who acts through others is deemed in law as doing it himself.

2. responsibility must not be that of the superior.

3. a person is responsible for his wrongful acts.

4. an agent is not liable to principal.

Q.35 The International Criminal Court was established by:

Ans
1. Rome Statute, 1998

2. UN Charter, 1945

3. League of Nations, 1919

4. Hague Conference, 1907

Q.36 As per The Copyright Act 1957, who is not included in the definition of Performer?

Ans
1. Snake charmer

2. Acrobat

3. Cobbler

4. Singer

Q.37 'A' agrees to sell his house worth Rs. 5 lac for Rs. 1000/-‐. 'A' denies that his consent to the agreement was freely given.

Ans
1. The contract is void because of inadequacy of consideration.

2. 'A' cannot take this plea after the agreement.

3. The court should take into account the inadequacy of the consideration in considering whether or not 'A's consent was freely given.

4. The court cannot take into account the inadequacy of the consideration in considering whether or not 'A's consent was freely given.



Q.38 The Supreme Court in the case of Novartis, AG v. Union of India, rejected the patent of which drug?

Ans
1. Macsarin

2. Gleevec

3. Zimmerman

4. Aspirin



Q.39 'A' and 'B' agree that 'A' shall pay Rs. 20000 for which 'B' shall deliver either rice or heroin. The contract is:

Ans
1. void as to delivery of heroin and valid as to delivery of rice

2. void

3. voidable

4. valid

Q.40 An invention under the Patent in India can be protected for a term of -‐

Ans
1. 20 Years

2. 50 Years

3. 10 Years

4. 25 Years



Q.41 In which of the following case, the Supreme Court of India held that 'if a Hindu husband converts into Islam and marries again, he will be guilty of bigamy'?

Ans
1. Revanasiddappa v. Mallikarjun AIR 2011 SC (Supp) 155

2. Bhaurao Shanker Lokhande v. State of Maharashtra AIR 1965 SC 1564

3. Sarla Mudgal v. Union of India AIR 1995 SC 1531

4. Bharatha Matha v. R. Vijaya Renganathan AIR 2010 SC 2685



Q.42 'A' dies leaving behind a son X and a married daughter Y, a suit filed by 'A', can be continued by:

Ans
1. 'X' alone as legal representative

2. 'Y' alone as legal representative

3. 'X', 'Y' and the husband of Y as legal representatives

4. 'X' and 'Y' both, as legal representatives

Q.43 Which one of the following essentials for seeking claim of patent is wrong?

Ans
1. Compulsory Licensing

2. Non-‐obviousness

3. Novelty

4. Industrial Utility



Q.44 The liability to pay compensation, of an enterprise carrying on an inherently dangerous and hazardous activity, on death of a worker due to leakage of lethal
gas is based on the principle of:

Ans
1. fault Liability

2. negligence

3. absolute liability

4. wrongful intention



Q.45 Which body of the United Nations requested International Court of Justice to give an advisory opinion on the issue of legality of use or threat to use nuclear

weapons on 15 December 1994?

Ans
1. U.N. General Assembly

2. Security Council

3. Economic and Social Council

4. W.H.O.



Q.46 Which element is not required in the tort of defamation?

Ans
1. Wrongful intention

2. Defamatory statement

3. Referring to the Plaintiff

4. Publication

Q.47 For fixing vicarious liability of master in tort for the wrongs committed by servant, master servant relationship is determined on the basis of:

Ans
1. employment

2. payment of wages

3. conditions of service

4. control of master over servant's acts

Q.48 Under the Indian Contract Act, 1872 a finder of goods is subject to the same duties as a:

Ans
1. custodian

2. owner

3. bailee

4. trustee



Q.49 Which one of the following is not an essential element of the defence of fair comment in tort of defamation?

Ans
1. The comment must be an assertion of fact.

2. The comment must be fair.

3. The matter commented on must be of public interest.

4. The comment must not be malicious.



Q.50 'A' and 'B' jointly owe Rs. 100/-‐ to 'C'. 'A' alone pays the whole amount to 'C' and 'B' not knowing this fact also pays Rs. 100/-‐ to 'C':

Ans
1. 'C' is bound to repay Rs. 100/-‐ to 'B'.

2. C' is not bound to repay Rs. 100/-‐ to either 'A' or 'B' because 'B' paid on his own.

3. C' is bound to pay Rs. 50/-‐ to 'B'.

4. C' is bound to pay Rs. 100/-‐ each to 'A' and 'B'.

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CLAT 2018 - PG
1. Which of the following judgments was not over-ruled by the judgment in K. S.

Puttaswamy v. Union of India (2017) 10 SCC 1
A. M. P. Sharma v. Satish Chandra (1954) SCR 1077

B. Kharak Singh v. State of Uttar Pradesh (1964) 1 SCR 332
C. ADM Jabalpur v.ShivakantShukla (1976) 2 SCC 521
D. Govind v. State of M. P. (1975) 2 SCC 148
2. Rights over resources within the territorial waters, continental shelf and exclusive
economic zone, vest in the Union of India, under which provision of the Constitution of
India?
A. Article 297
B. Article 51
C. Article 253
D. Article 260
3. Which of the following is not a special procedure or feature in respect of a Money Bill?
A. It shall not be introduced in the Council of States.

B. The House of the People may not accept any recommendations of the Council
of States and shall return the Money Bill to the Council of States requesting
that the Council of States reconsider its recommendations.
C. A Bill only imposing pecuniary penalties shall not be deemed to be a Money Bill.
D. The House of the People may not accept any recommendations of the Council of
States and the Money Bill shall be deemed to have been passed by both Houses.
4. Which of the following shall not be eligible for further office under the Government of
India or Government of any State?
A. Speaker of the House of the People

B. Comptroller and Auditor-General of India
C. Attorney General for India
D. Member of a Public Service Commission
5. Part IX of the Constitution of India providing for constitution of Panchayats was

introduced to give effect to which provision of the Constitution?
A. Article 40
B. Article 21A
1
C. Article 23
D. Article 48
6. Which Constitution (Amendment) Act brought about modifications to Fundamental

Rights, Directive Principles of State Policy as well as Fundamental Duties?
A. The Constitution (Eightieth Amendment) Act, 1999

B. The Constitution (Eighty-sixth Amendment) Act, 2002
C. The Constitution (One Hundredth Amendment) Act, 2015
D. The Constitution (Ninety-third Amendment) Act, 2005
7. On which of the following matter in List II to Seventh Schedule of the Constitution of

India is the Legislative Assembly for the National Capital Territory of Delhi empowered
to make laws?
A. Banking
B. Police
C. Rights in land
D. Officers and servants of the High Court
8. In which of the following judgments was it held that the jurisdiction conferred upon the
High Courts under Article 226 and upon the Supreme Court under Article 32 of the
Constitution is part of the inviolable basic structure of the Constitution of India?
A. Common Cause v. Union of India (1999) 6 SCC 667

B. L. Chandra Kumar v. Union of India (1997) 3 SCC 261
C. In re Special Courts Bill (1979) 1 SCC 380
D. S. R. Bommai v. Union of India (1994) 3 SCC 1
9. The National Judicial Appointments Commission Act, 2014 was declared as

unconstitutional and void in:
A. Youth Bar Association of India v. Union of India (2016) 9 SCC 473

B. Common Cause v. Union of India (2015) 6 SCC 332
C. Madras Bar Association v. Union of India, AIR 2015 SC 1571
D. Supreme Court Advocate-on-Record Association v. Union of India (2016) 5 SCC 1
10. Which of the following is the correct position in law regarding administration of narco-
analysis techniques, in the light of the judgment in Selvi v. State of Karnataka (2010) 7
SCC 263?
(i) Compulsory administration constitutes cruel, inhuman or degrading treatment in
the context of Article 21.
(ii) Compulsory administration violates the right against self-incrimination under
Article 20(3).
2
(iii) Compulsory administration may, however, be justifiable in compelling public
interest in combatting terrorist activities.
(iv) Information subsequently discovered with the help of voluntarily administered
narco-analysis results may be admitted in evidence.
Select the correct answer from the following:
A. (ii) and (iv) only

B. (i) and (ii) only
C. (i), (ii) and (iv) only
D. (iii) and (iv) only
11. The Constitution (One Hundred and First) Amendment Act, 2016 was required to be
ratified by the Legislature of not less than one half of the State Legislatures because it
sought to make changes in:
(i) Chapter I of Part XI of the Constitution dealing with legislative relations
between the Union and the States.
(ii) Lists I and II of the Seventh Schedule to the Constitution.
(iii) the Sixth Schedule to the Constitution.
(iv) Part XIII of the Constitution dealing with trade, commerce and intercourse
within India.
A. All the four reasons

B. It was not required to be ratified by the State Legislatures before being
presented to the President for assent.
C. (ii) only
D. (i) and (ii) only
12. Omitted for Valuation
13. A majority of not less than two-third of the membership of the House concerned is not
necessary for removal of which of the following authority?
A. A Judge of the High Court

B. The President of India
C. The Chief Election Commissioner
D. The Speaker of the House of the People
14. Which of the following Commission(s) has/have a constitutional status, as of April,

2017?
(i) National Commission for Scheduled Castes
(ii) National Commission for Backward Classes
(iii) National Commission for Scheduled Tribes
3
(iv) National Human Rights Commission
A. (i), (ii) and (iii) only

B. (i) and (iii) only
C. (i), (ii), (iii) and (iv)
D. (i) only
15. Which of the following reason(s) was/were considered necessary for the Constitution
(Seventy-Seventh) Amendment Act, 1995 inserting Article 16(4A)?
(i) Inadequacy of representation of the Scheduled Castes and the Scheduled Tribes
in services in the States.
(ii) Reservation in promotion was held constitutionally impermissible in Indra
Sawhney v. Union of India, AIR 1993 SC 477.
(iii) To prevent qualitative exclusion of the Scheduled Castes and the Scheduled
Tribes in services in the States.
(iv) To achieve inter-locking in horizontal and vertical reservation among the
Scheduled Castes and the Scheduled Tribes in services in the States.
A. (i) only
B. (i) and (ii) only
C. (i), (ii) and (iv) only
D. (i), (ii), (iii) and (iv)
16. Which of the following provision(s) applicable to the Supreme Court is/are also
applicable to the High Courts?
(i) Article 124(4).
(ii) Article 124(5).
(iii) Article 129
(iv) Article 144
A. (i) and (ii) only

B. (i), (ii) and (iv) only
C. (iii) and (iv) only
D. (iii) only
17. Which of the following statement(s) is/are correct, regarding the duties and rights of the
Attorney-General for India in performance of his duties?
(i) The Attorney-General for India shall give advice to the Government of
India upon legal matters.
(ii) The Attorney-General for India shall have a right to audience in all Courts
in India.
4
(iii) The Attorney-General for India shall have the right to speak in the
proceedings of either House.
(iv) The Attorney-General for India shall not be liable to any proceedings in
any court in respect of anything said by him in Parliament or any
committee thereof.

B. (i), (ii) and (iii) only
C. All of these statements are correct
D. (i) only
18. Which of the following Fundamental Rights is enforceable against private individuals?
(i) Article 17
(ii) Article 23
(iii) Article 24
(iv) Article 21
Choose the correct answer from the following:
A. Fundamental Rights are not enforceable against private individuals

B. All are enforceable against private individuals
C. (i), (ii) and (iii) only
D. (ii) and (iii) only
19. Which of the following procedure was adopted to give effect to the land boundary
agreement between India and Bangladesh in 2015?
A. A law made by Parliament under Article 3 of the Constitution of India.
B. The Constitution (100th Amendment) Act.
C. The Constitution (98th Amendment) Act.
D. By an executive action.
20. Which of the following statements is incorrect in view of the judgment in Pramati
Educational and Cultural Trust v. Union of India (2014) 8 SCC 1?
A. Article 15(5) does not violate the freedom of private unaided educational
institutions under Article 19(1)(g) of the Constitution.
B. Articles 15(5) and 21A do not alter the basic structure of the Constitution and are
constitutionally valid.
C. A law made under Article 15(5) of the Constitution shall not be open to
challenge under Article 14, if it treats private aided and unaided educational
institutions alike.
D. Article 15(5), insofar as it is applicable to minority educational institutions
referred to in Article 30(1) of the Constitution, is ultra vires the Constitution.
5
21. From where did the Drafting Committee borrow the expression “except according to
procedure established by law” for Article 21 of the Indian Constitution?
A. Irish Constitution
B. Swedish Constitution
C. Australian Constitution
D. Japanese Constitution
22. In which of the following decisions the Supreme Court framed guidelines for
safeguarding the interest of the death row convicts?
A. Shatrughan Chauhan v. Union of India (2014) 3 SCC 1

B. Epuru Sudhakar v. Govt. of A.P. (2006) 8 SCC 161
C. People’s Union for Civil Liberties v. State of Maharashtra (2014) 10 SCC 635
D. Sunil Batra v. Delhi Administration (1978) 4 SCC 494
23. Which of the following does not follow from the law declared in the National Legal
Services Authority v. Union of India (2014) 5 SCC 438, in respect of rights of the
members of the transgender community?
A. Recognition to gender identity as male, female or as third gender.

B. Steps to treat the third gender as a socially and economically backward class.
C. Extending special provisions relating to certain classes as contained in Article
330 of the Constitution.
D. Extending reservation in cases of admission in educational institutions and public
appointments.
24. Which of the following were relevant considerations for prohibition on sale of liquor
along national and state highways in State of Tamil Nadu v. K. Balu (2017) 2 SCC 281?
(i) There is no fundamental right under Article 19(1)(g) to trade in liquor.
(ii) Under Article 47, the State is under a duty to raise the level of nutrition,
standard of living and improve public health.
(iii) An exception to permit the sale of liquor along a stretch of the highway which
passes through the limits of city is arbitrary and violative of Article 14.
(iv) Right to life under Article 21 signifies a right to live with human dignity, free of
noxious substances and intoxicants.
A. All the four statements are correct

B. (i) and (iii) only
C. (i), (ii) and (iii) only
D. (i), (ii) and (iv) only
6
25. Which of the following reasons led to the setting aside of the practice of ‘talaq-e-
biddat’, triple talaq in Shayara Bano v. Union of India (2017) 9 SCC 1?
(i) Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 was a pre-
constitutional legislation within the meaning of Article 13(1) and violative of
Article 14 of the Constitution of India on the ground of arbitrariness.
(ii) Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 was a pre-
constitutional legislation within the meaning of Article 13(1) and violative of
Article 15 of the Constitution of India, being discriminatory.
(iii) Muslim Personal Law (Shariat) Application Act, 1937 is not a law regulating
triple talaq but the practice of triple talaq was against the basic tenets of the
Holy Quran and no practice against the tenets of Quran was permissible.
(iv) ‘Talaq-e-biddat’ is integral to the religious denomination but the Supreme Court
may injunct this practice as a means for severing matrimonial relationship.

B. (i), (ii) and (iii) only
C. (i) and (iv) only
D. (i) and (iii) only
26. Which is the correct position in law on an Ordinance promulgated under Article 123 of
the Constitution of India, following the judgment in Krishna Kumar v. State of Bihar
(2017) 3 SCC 1?
(i) Power conferred upon the President under Article 123 is legislative in character
and the satisfaction of the President is immune from judicial review.
(ii) An Ordinance promulgated under Article 123 must be laid before the
Parliament, which is a mandatory constitutional obligation cast upon the
government.
(iii) An Ordinance promulgated in exercise of powers under Article 213 cannot
create enduring rights in favour of individuals
(iv) Re-promulgation of an Ordinance is a fraud on the Constitution.
A. All the four statements are correct

B. (ii), (iii) and (iv) only
C. (ii) and (iv) only
D. (i) only
27. Article 29 of the Constitution protects the rights of:
A. Minorities based on religion or language

B. Citizens with distinct script or culture
C. Religious denominations
7
D. Socially and educationally backward class of citizens
28. In which case, the Supreme Court struck down that part of the Constitution (Forty-second
Amendment) Act, 1976 by which Article 31C was amended?
A. Kesavananda Bharti v. State of Kerala, (1973) 4 SCC 225.

B. L.C. Golak Nath v. State of Punjab, AIR 1967 SC 1643.
C. Minerva Mills Ltd. v. Union of India, AIR 1980 SC 1789.
D. S.P. Sampath Kumar v. Union of India, 1987 SCR (3) 233.
29. In which among the following cases did the Supreme Court hold that the petitioners have
no fundamental right within the meaning of Art 25 or 26 to perform ‘Tandava dance’ in
public streets and public places.
A. Commr. HRE v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt, AIR 1954 SC 282
B. Tilkayat Shri Govindlalji Maharaj v. State of Rajasthan, AIR 1963 SC 1638
C. N. Adithayan v. Travancore Devasom Board, (2002) 8 SCC 106
D. Commr. of Police v. Acharya Jagadishwarananda Avadhuta, (2004) 12 SCC 770
31. The idea of single citizenship in India was taken from the
A. British Constitution
B. US Constitution
C. Australian Constitution
D. Weimar Constitution
32. With which amendment was clause 4 to Article 13, Constitution of India, inserted?
A. The Constitution (Twenty-second Amendment) Act, 1969.

B. The Constitution (Twenty-third Amendment) Act, 1969.
C. The Constitution (Twenty-fourth Amendment) Act, 1971.
D. The Constitution (Twenty-fifth Amendment) Act, 1971.
33. Which Constitution Amendment Act brought into force the goods and services tax?
A. 98th
B. 99th
C. 100th
D. 101st
8
34. Which one of the following statements is not correct?
A. The Jammu and Kashmir Code of Criminal Procedure has no provision for
transfer of a case from a Court in Jammu and Kashmir to any Court outside that
State and, therefore, no criminal case can be transferred from the State of
Jammu and Kashmir to any other Court outside that State.
B. Article 370 of the Constitution of India confers merely a “Temporary” status on
the State of Jammu and Kashmir.
C. Article 371-D and Presidential Orders issued thereunder override any other
provision of the Constitution of India.
D. The citizens of India have a fundamental right to reside and settle in any part of
India except the State of Jammu and Kashmir.
35. Which of the following questions is not relevant in determining the existence of a
constitutional convention?
A. What are precedents?

B. Did the actors in the precedent believe that they were bound by a rule?
C. Are they justified in terms of morality?
D. Is there any reason for the rule?
36. In which of the following cases, the Supreme Court issued detailed directions for the
protection of Good Samaritans?
A. Savelife Foundation v. Union of India, AIR 2016 SC 1617.

B. Sabu Mathew George v. Union of India (2017) 2 SCC 514.
C. Voluntary Health Association of Punjab v. Union of India, AIR 2016 SC 5122.
D. Devika Biswas v. Union of India, AIR 2016 SC 4405.
37. In which of the following cases, the Supreme Court refused to give any relief to the
petitioner(s) under Article 32?
A. Swaraj Abhiyan v. Union of India, AIR 2016 SC 2929.

B. Bachpan Bachao Andolan v. Union of India, 2016 (12) SCALE 751.
C. Supreme Court Women Lawyers Association v. Union of India, AIR 2016 SC 358.
D. Suresh Chand Gautam v. State of Uttar Pradesh, AIR 2016 SC 1321.
38. Right to life includes right to reputation was recognised in:
A. Archbishop Raphael Cheenath S.V.D. v. State of Orissa, AIR 2016 SC 3639

B. Shyam Narayan Chouksey v. Union of India (2017) 1 SCC 421
C. Dr. Subramanian Swamy v. Union of India, AIR 2016 SC 2728
D. Karma Dorji v. Union of India, AIR 2017 SC 113
9
39. Preventive Detention under article 22 of the Constitution can be enforced:
A. Only during the time of communal violence
B. Only when a proclamation of national emergency is made
C. Only when a proclamation of internal emergency is made
D. At any time during peace or war
40. Article 233A was introduced into the Constitution of India to validate the appointments of,
and judgments, etc. delivered by certain District Judges. In which among the following
cases were those appointments invalidated in a writ of Quo-warranto?
A. Chandra Mohan v. State of U.P, AIR 1966 SC 1987

B. Chandramouleshwar Prasad v. Patna High Court, AIR 1970 SC370
C. G.D Karkare v. T.L Shevde, AIR 1952 Nag 330
D. Anand Bihari Mishra v. Ram Sahay, AIR 1952 MB 31
41. Which one of the following statements is correct?

A. The Court has no jurisdiction to see whether the procedure established by law in
Parliament is reasonable or not.
B. The procedure which is arbitrary or oppressive is not a valid procedure.
C. The requirement of compliance with the principles of natural justice is not implicit
in Art. 21 of the Constitution.
D. The Doctrine of 'Due Process' is not implied in Art. 21.
42. In which case was it held that the authority which “embarks upon a post-decisional hearing
will naturally proceed with a closed mind and there is hardly any chance of getting a proper
consideration of the representation at such a post-decisional opportunity”?
A. Maneka Gandhi v. Union of India (1978) 1 SCC 248

B. Liberty Oil Mills v. Union of India, AIR 1984 SC 1271
C. Charan Lal Sahu v. Union of India, AIR 1990 SC 1480
D. H.L. Trehan v. Union of India, AIR 1989 SC 568
43. Which one of the following statements is incorrect?
A. Parliament has exclusive power to make laws with respect to goods and services tax
where the supply of goods, or of services, or both takes place in the course of inter-
State trade or commerce.
B. The tax collected by the Union under Clause (1) of Article 246A shall not be
distributed between the Union and the States.
C. The Goods and Services Tax Council has power to establish a mechanism to
adjudicate any dispute between the Government of India and one or more States.
10
D. Article 279-A is an entrenched provision under Article 368 of the Constitution of
India.
44. In which of the following cases the reservation for Jats was struck down?
A. Ram Singh v. Union of India, 2015 (3) SCALE 570

B. U.P. Power Corpn. Ltd. v. Rajesh Kumar, AIR 2012 SC 2728
C. Prem Kumar Singh v. State of U.P., 2011 (3) ALJ 343
D. Dr. Gulshan Prakash v. State of Haryana (2009) 14 SCALE 290
45. Is a writ petition for mandamus maintainable in any of the following cases?
A. Against a citizen for performance of his fundamental duties.

B. Against a private University established by an Act of State Legislature.
C. Against a private trust running coaching classes.
D. Against a lawyer restraining him from filing public interest litigations.
46. For prevention of corruption, provisions have been made under which of the legislations?
(i) The Prevention of Corruption Act, 1988
(ii) The Lokpal and Lokayuktas Act, 2013
(iii) The Central Vigilance Commission Act, 2003
A. (i) only.
B. (i) and (iii) only.
C. (iii) only.
D. (i), (ii) and (iii).
47. The Supreme Court may review the award given by the Inter-State Water Dispute Tribunal
by invoking
A. Article 142
B. Article 131
C. Article 262
D. Article 136
48. For approval or extension of emergency under Article 352 it is required that there should be
11
A. Resolution by both Houses of Parliament by a majority of total membership of that
House and by a majority of not less than two-thirds of members present and
voting.
B. Resolution by both Houses of Parliament by a simple majority of members present
and voting.
C. Resolution by both Houses of Parliament by a majority of total membership of that
House and by a majority of not less than two-thirds of members present and voting
and ratification by not less than one-half of the States.
D. Resolution by both Houses of Parliament by a majority of total membership of that
House and by a majority of not less than three-fourth of members present and
voting.
49. Double Jeopardy means:
A. No person shall be prosecuted and compelled to be a witness in the same case

simultaneously.
B. No person shall be sued for a civil wrong and prosecuted for an offence simultaneously.
C. No person shall be prosecuted for two offences simultaneously
D. No person shall be prosecuted and punished for the same offence more than once.
12
Juris Set 1 (Qs 51 – 100)
1. Eight Principles of Internal Morality of Law were propounded by
A. Hart
B. Hobbes
C. Kelsen
D. Lon L Fuller
2. Who stated: “The life of law has not been logic; it has been experience”
A. Oliver Holmes
B. Dworkin
C. Hart
D. Roscoe Pound
3. Roberto Mangabeira Unger was the main propounder of

A. Feminist Theory
B. Legal Textualism
C. Legal Realism
D. Critical Legal Studies
4. The Preamble to the UN Charter uses the expression
A. We the People
B. We the Nations
C. We the Peoples
D. We the Founding Nations
5. Jus Cogens means:
A. Peremptory norm of International Law

B. Judgments of the ICJ
C. Just Resolution of Disputes
D. Justice for all
6. The first Jurist to use the word Sociology was
A. Austin
B. Roscoe Pound
C. Duguit
D. Auguste Comte
13
7. The concept of Dialectical Materialism is a concept commonly associated with which of the
following Schools of Thought?
A. Marxism
B. Liberal Theory
C. Post Modernism
D. Utilitarianism
8. Who authored, “The Indian School of Synthetic Jurisprudence: An Idea Relating to Its
Purposes”?
A. Kautilya
B. Manu
C. M. J. Sethna
D. UpendraBaxi
9. Bridges v. Hawkesworth is a popular case on
A. Ownership
B. Possession
C. Transfer of ownership
D. Atonement
10. Hedonistic calculus as a measure of pain and pleasure was hypothesized by

A. Austin
B. Bentham
C. Salmond
D. Holland
11. Jurisprudence should be ideally divided into censorial and expository jurisprudence. This
view was given by
A. Auguste Comte
B. Bentham
C. Emile Durkheim
D. Holland
12. Law is a combination of Primary and Secondary rules. This principle was propounded by
A. Kelsen
B. Ronald Dworkin
C. Hart
D. Fuller
14
13. As per the Anthropological approach towards the study of Jurisprudence, the Twelve Tables
of Rome may be considered an example of
A. Religious law
B. Divine law
C. Published law
D. Personal command
14. Who made the statement, "Law is uncertain and certainty of law is a legal myth"?
A. Fuller
B. Jerome Frank
C. Llewellyn
D. Holmes
15. As per Kelsen, if a norm remains permanently inefficacious, then it is deprived of its validity.
This is known as
A. Nomodynamics
B. Condition per quam
C. Desuetudo
D. Effective Repeal
16. The theory “justice as fairness” was propounded by

A. Robert Nozick
B. Ronald Dworkin
C. F. Engels
D. John Rawls
17. The term ‘transcendental idealism’ is applied to the epistemology of

A. Hegel
B. Stammler
C. Immanuel Kant
D. Karl Marx
18. The famous essay Vom Bneruf was written by Savigny as a reaction to
A. Thibaut’s proposal for a Code on the lines of the Napoleonic Code
B. The King’s proposal for introducing British common law in Germany
C. The Parliament’s proposal to introduce Roman law in Germany
15
D. The revival of Justinian’s Code
19. Who among the following is called as “Darwinian before Darwin”, because of his
contribution to apply the evolutionary principle to the development of the legal system?
A. Gluckman
B. Malinowski
C. Savigny
D. Puchta
20. In his endeavour to discover a pattern of legal development, Maine was led to distinguish
between societies as
A. Static and progressive societies
B. Dependent and independent societies
C. Subjective and objective societies
D. Customary and statutory societies.
21. Pound’s theory of Social Engineering mainly talks about

A. General consciousness being the primary source of law
B. Legislative power
C. Balancing of competing interests in society
D. Difference between law creation and law application
22. Which theory of punishment implies “An eye for an eye, a tooth for a tooth” approach?
A. Expiatory
B. Preventive
C. Deterrent
D. Retributive
23. As per the rule of English law, a custom to be recognized as law, must be proved to be in
existence since times immemorial. However, for customs that are old and whose time of
origin cannot be ascertained, which year has been fixed as the date before which it must
have started?
A. 1169 AD
B. 1189 AD
C. 1369 AD
D. 1389 AD
24. Which of the following is an accessory right?
A. Easementary rights
B. Ownership rights
C. Right to reputation
16
D. Right to personal security
25. Ownership of goodwill of a business is
A. Corporeal ownership
B. Incorporeal ownership
C. Business ownership
D. Beneficial ownership
26. The law applying to controversies involving non-citizens of Rome was known as
A. Jus civilie
B. Jus gentium
C. Nicomachean ethics
D. Corpus civilie
27. Which one of the following philosophers conceived justice as ‘some sort of equality’ and
divided the concept of justice as ‘corrective justice’ and ‘distributive justice’?
A. Aristotle
B. Rawls
C. Robert Nozick
D. Ronald Dworkin
28. “Sociology of law must begin with the ascertainment of the living law, the concrete which
can be observed and not the abstract”. Who said so?
A. Duguit
B. Ihering
C. Ehrlich
D. Durkheim
29. Who said that, “The law of nature or natural law is the general will of the people who come
together to form an association called State”?
A. Hobbes
B. Locke
C. Rousseau
D. Kant
30. Which one of the following conceived ‘integrative jurisprudence’ as combined jurisprudence
of positivist, naturalist and sociological descriptions and an understanding of the value
components of legal ordering?
A. Jerome Hall
B. John Finnis
C. Clarence Morris
17
D. Leon Duguit
31. De Jure Belli ac Pacis is the celebrated work of-
A. Hugo Grotius
B. Niccolo Machiavelli
C. Samuel Pufendorf
D. Jean Jacques Burlamaqui
32. Which one of the following drafted the hypothetical Case of the Speluncean Explorers?
A. Lon L Fuller
B. Rudolph Stammler
C. John Rawls
D. Clarence Morris
33. Which of the following is not absolute duty according to John Austin?
A. Duties towards lower animals
B. Duties towards community
C. self-regarding duties
D. Duties towards sovereign
34. Who said, "A precedent, therefore, is a judicial decision which contains in itself a principle.
The underlying principle which thus forms its authoritative element is often termed the
ratio decidendi.”?
A. Salmond
B. Keeton
C. Rupert Cross
D. Osborn
35. Which of the following statements does not suit the Hohfeldian analysis of right?
A. Power in ‘X’ means presence of liability upon ‘Y’
B. Immunity in ‘X’ means absence of liability in ‘X’
C. Right in ‘X’ means presence of ‘No-right’ in ‘Y’
D. Liberty in ‘X’ means absence of duty in ‘X’
36. Which of the following is not a circumstance of strengthening the authority of a precedent?
A. Approval of the decision in later cases and by the profession at large
B. Closely divided opinion of the Court
C. Evidence in the report that the issue was fully argued by counsel and the Court took
time to deliberate
D. The decision has stood the test of time
18
37. A rule which says, “the literal sense of words should be adhered to, unless this would lead
to absurdity, in which case the literal meaning may be modified”, can be called
A. Mischief rule
B. Literal rule
C. Golden rule
D. Compromise approach
38. Who defined ownership as ‘a right – indefinite in point of user – unrestricted in point of
disposition – and unlimited in point of duration’?
A. Salmond
B. Austin
C. Marx
D. Glaniville Williams
39. Which of the following is not correct in the context of valid usage?
A. Usage must be so well established as notorious.
B. In case of conflict between usage and law, law prevails.
C. In case of conflict between express provision of a contract and usage, contract
prevails.
D. Usage shall be a reasonable one.
40. “A dictate of right reason, which points out that an act, according as it is or is not in
conformity with rational nature, has in it a quality of moral baseness or moral necessity.”
Who made this observation?
A. Cicero
B. Aristotle
C. Plato
D. Grotius
41. “Private property is robbery, and a state based on private property is a state of robbers who
are fighting for a share of the spoils.” Who made this observation?
A. Lenin
B. Marx
C. Renner
D. Pashukanis
42. In response to a petition, the Supreme Court transferred a case on constitutionality of a

Central Act to the High Court of Bombay. The Bombay High Court upheld it. In a
19
constitutional challenge of the same Act, pending before the High Court of Madras what the
latter High Court cannot do with regard to Bombay High Court judgment is
A. Abstaining from applying it

B. Applying it
C. Overruling it
D. Distinguishing it
43. Which of the following characteristics of trust is considered as a problematic factor in a legal
system?
A. Group property can be applied for the desired purpose.
B. Pooling up of economic power to neutralise competition.
C. Enables endowments and gifts by vesting rights in trustees.
D. Helps in settling family property in favour of the vulnerable.
44. Which of the following is a right in re aliena?

A. Literary copyright
B. Moveable property
C. Servitude
D. Land
45. Which of the following is not correct about the will theory of contract?
A. It believes in the dictum of status to contract.
B. It puts emphasis on expectations reasonably aroused by conduct rather than state
of mind.
C. It relies on person’s mind which can be proved only from his own evidence or by
inferences from his conduct.
D. It leads to such a subjective view of mistake that the security of transactions is
thereby imperilled.
46. “The suppression of vice is as much the law’s business as the suppression of subversive
activities.” Who made this observation?
A. H L A Hart
B. J S Mill
C. Lord Devlin
D. James Stephens
47. Which of the following is not correct about the Critical Legal School?
A. It strongly believes in the inescapable power of the intellectual climate’s search for
value neutrality.
20
B. It shows the way in which the legal system works at many different levels to shape
popular consciousness towards accepting the legitimacy of the status quo.
C. It rejects formalism.
D. Its central thrust of attack is on legal liberalism.
48. Which of the following propositions do not suit the approaches of American Realism?
A. It is a combination of the analytical positivist and sociological approaches.
B. It lays emphasis on empirical study of the behaviour of judges.
C. It distrusts the sufficiency of legal rules and concepts as descriptive of what Courts
do.
D. It combines the ‘is’ and ‘ought’ aspects in the study of law and how it works.
49. Who stated that, “Law is the sum of the conditions of social life in the widest sense of the
term, as secured by the power of the State through the means of external compulsion.”
A. Roscoe Pound
B. Jeremy Bentham
C. Ehrlich
D. Ihering
50. Which of the following is not emphasised by Katherine Bartlette as a part of feminist legal
research?
A. Asking the woman question
B. Consciousness –raising
C. Difference theory
D. Positionality
21
LLM General Set 1 Qs 101 – 150)
1. In which case was it observed that “The dividing line between an administrative power and
a quasi-judicial power is quite thin and is being gradually obliterated”?
A. Maneka Gandhi v. Union of India (1978) 1 SCC 248.

B. State of Orissa v. Dr. (Miss) Binapani Dei, AIR 1967 SC 1269.
C. A.K. Kraipak v. Union of India, AIR 1970 SC 170.
D. Swadeshi Cotton Mills v. Union of India, AIR 1981 SC 818.
2. In which of the following cases did the Supreme Court hold that the Wednesbury rule was
applicable in administrative actions?
A. Indian Railway Construction Co. Ltd. v. Ajay Kumar, (2003) 4 SCC 579
B. Shrilekha Vidyarthi v. State of U.P., AIR 1991 SC 537
C. State of Punjab v. V.K. Khanna, AIR 2001 SC 343
D. A.N. Parasuraman v. State of Tamil Nadu, AIR 1990 SC 40
3. Which one of the following statements with regard to the Lokpal and Lokayuktas Act, 2013
is not correct?
A. It makes certain amendments to the Code of Criminal Procedure, 1973.

B. It contains detailed provisions for the appointment of Lokayuktas in States.
C. It confers supervisory jurisdiction on Delhi Special Police Establishment.
D. It extends to the whole of India.
4. Which one of the following has powers similar to those of a Court having power to issue a
writ of certiorari under the express statutory provisions?
A. Administrative tribunals established under the Administrative Tribunals Act, 1985.

B. Industrial Tribunals established under the Industrial Disputes Act, 1947.
C. Income Tax Appellate Tribunal established under the Income Tax Act, 1961.
D. State Consumer Disputes Redressal Commission established under the Consumer
Protection Act, 1986.
5. Which one of the following statements with regard to a Commission of Inquiry is incorrect?
A. A Commission of Inquiry can be headed only by a sitting or retired judge.

B. A Commission of Inquiry cannot compel a person to disclose any secret process
of manufacture of any goods unless the subject matter of inquiry relates to that
process.
C. The report of the Commission of Inquiry is not binding on the Government.
D. The Central Government is not always restrained from appointing a Commission
of Inquiry when on the same subject a Commission appointed by a State
Government is already working.
22
6. Which one of the following statements with regard to the Right to Information Act, 2005 is
not correct?
A. No reasons are required to be given for seeking information.

B. Private Universities are bound to give information.
C. No fee is to be paid if information is supplied after five weeks from the date of
application.
D. Intelligence Bureau is not bound to give any information.
7. Which among the following was the first case before the Supreme Court of India where
the constitutionality of death penalty was challenged?
A. Rajendra Prasad v. State of U. P.
B. Jagmohan Singh v. State of U. P.
C. Bachan Singh v. State of Punjab
D. Machhi Singh and Others v. State of Punjab
8. Which among the following is/are not true with respect to the decision of the Supreme
Court of India in Vellore Citizens Welfare Forum v. Union of India (AIR 1996 SC 2715)?
i. This was a PIL against the pollution caused by discharge of untreated effluent from
tanneries and other industries.
ii. The Court refused to recognise that a balance must be struck between the economy
and the environment.
iii. The Court accepted the traditional concept that development and ecology are
opposed to each other.
iv. The Court reviewed the development of the concept of sustainable development in
the international sphere.
v. The Supreme Court held that the precautionary principle and the polluter pays
principle are part of International environmental law and not of municipal law.
A. Only i, iii and v
B. Only ii, iii and v
C. Only iii, iv and v
D. Only iv and v
9. Identify the correct statement with respect to the Law of Partnership?
A. Though registration of the Partnership is not mandatory, the registration of

the Partnership deed is essential.
B. The Limited Liability Partnership is part of the Indian Partnership Act, 1932.
C. The existence of a partnership can only be determined by the partnership
deed.
23
D. Unless there is a contract to the contrary, death of a partner will
automatically lead to the dissolution of the partnership.
10. In which among the following cases did the Supreme Court observe:
“We cannot allow our judicial thinking to be constricted by reference to the law as it
prevails in England or for that matter, in any other foreign country. We no longer need
the crutches of a foreign legal order.”
A. Sri Ram Food Fertilizers Case (AIR 1987 SC 965)

B. M.C Mehta v. Union of India (AIR 1987 SC 1086)
C. Union Carbide Corporation v. Union of India(AIR 1990 SC 273)
D. M.P. Electricity Board v. Shail Kumar (AIR 2002 SC 551)
11. Which among the following authorities is vested with the power to investigate on matters of
professional misconduct committed by a Chartered Accountant or a Chartered Accountant’s Firm
under Section 132 of the Companies Act, 2013?
A. National Advisory Committee on Accounting Standards

B. Institute of Chartered Accountants of India
C. The Serious Fraud Investigation Office
D. National Financial Reporting Authority
12. Which among the following is not true with respect to negotiable instruments?
A. There must be an unconditional order or promise for payment.

B. A cheque cannot be considered as a bill of exchange.
C. If the time of payment is linked to the death of a person, it is nevertheless a
negotiable instrument.
D. It is freely transferable and delivery of the instrument is essential.
13. In which case did the Supreme Court place the Bangalore Water Supply and Sewerage
Board v. A. Rajappa before the Chief Justice of India for reconsideration by a larger
bench?
A. State of U.P v. Jai Bir Singh, 2005 (5) SCC 1.

B. Coir Board v. Indira Devi,[2000] 1 SCC 224.
C. Aeltemesh Rein v. Union of India, [1988] 4 SCC 54].
24
D. A.K. Roy v. Union of India, [1982] 1 SCC 271.
14. The legal phrase ‘pari passu’ means.
A. On equal footing.
B. Like angels do.
C. Repay without delay.
D. Return promptly.
15. When a person dies intestate
A. He dies in his home in his estate.

B. He dies without leaving any property.
C. He dies without leaving a will.
D. He dies by committing suicide.
16. A foreigner can acquire Indian citizenship through
A. Registration.
B. Naturalisation.
C. Birth.
D. Descent.
17. Which of the following writs can be used against a person believed to be holding a public
office, he is not entitled to hold?
A. Writ of mandamus.
B. Writ of certiorari.
C. Writ of prohibition.
D. Writ of quo warranto.
18. The principles of natural justice are applicable
A. only to judicial and quasi judicial proceedings and not to administrative

proceedings.
25
B. only to judicial, quasi judicial and administrative proceedings but not to
the law making procedure.
C. only to judicial proceedings.
D. to all judicial, quasi judicial, administrative and law making procedures.
19. What is the minimum number of judges required to constitute a Constitution Bench in the
A. Five.
B. Three.
C. Seven.
D. Nine.
20. According to the Hindu Marriage Act, a marriage is
A. An agreement.
B. A contract.
C. A sacrament.
D. A pious obligation.
21. Which one of the legal propositions is correct?
A. It is necessary for a contract to be valid that the consideration should be

adequate.
B. Inadequacy of consideration does not affect the validity of the
agreement.
C. Inadequacy of consideration renders the contract void ab initio.
D. An agreement made on account of natural love and affection, without
consideration is void.
22. A supplied to B, a minor, provisions such as wheat flour, rice and other food stuffs.
A. Since a minor's contract is void, A cannot recover the price of the provisions
from B.
B. A can recover the price from B as there is an agreement between A and B.
C. A is not entitled to recover the money as he voluntarily supplied the provisions
knowing that B was a minor.
D. Since the provisions supplied constituted necessaries, A can recover the
money.
26
23. A, from Kerala, writes a letter to B who lives in Delhi requesting the supply of certain goods
at a certain price. While accepting the offer by writing a letter on his printed letterhead B
writes at the top of the letterhead, "Subject to the jurisdiction of Delhi Courts." Later a
dispute arises and A files an action in Kerala.
A. A cannot file legal proceedings in Kerala since B has clearly indicated that
the jurisdiction is restricted to Delhi courts.
B. The agreement is void as it tends to defeat the legal process.
C. Since B has written the words at the top of his letterhead, they do not
become part of the contract and hence A is free to file the action in any
court which has jurisdiction.
D. Since the letterhead is part of the agreement of acceptance, the agreement
is enforceable.
24. A, a cultivator of green tea, agrees with B that he would not grow tea for a period of five
years in consideration of which B agrees to pay him Rs. 25,000/-
A. The agreement is valid.
B. The agreement is valid as the consideration is adequate.
C. The agreement is void as it is in restraint of trade.
D. The agreement is voidable at the option of A.
25. A entrusted his car to B for plying it as a taxi. B employed C as a cleaner. B gave the taxi to C
for taking a driving test and to obtain a driving licence. C while giving the driving test
seriously injured D. D filed a case against A, the owner of the vehicle.
A. A is not liable as he had neither permitted nor authorised C to drive the car.
B. A is liable because B was acting as his agent in giving the vehicle to C for taking it
for driving test.
C. A is liable because the accident happened during the course of employment.
D. A is liable because C was giving the driving test for the licence of A
26. A transport company issued a circular to all its drivers that they should not compete or
obstruct other buses plying in the route. Driver A, in contravention of the express
prohibition, obstructed another bus and while doing so met with an accident in which B was
injured.
A. The company is not liable as it had expressly prohibited the drivers from
competing and obstructing other buses.
B. The company is liable as the accident happened in the course of
employment.
27
C. The company is not liable because the driver had disobeyed the company's
instructions and thereby acted outside the course of employment.
D. The company is not liable because the driver had not acted for the benefit
of the employer, the company.
27. A was riding his bicycle on a rainy day on a road which had no street lights. He came in
contact with a live wire lying on the road which was inundated with water and got
electrocuted. A's wife brought an action against the Electricity Board for negligence.
A. The Board is not liable as the accident happened because of the negligence
of the cyclist.
B. The Board is not liable as the accident happened because of the negligence
of a third party, as the Board argued that a third party tried to siphon off
the electricity illegally, and negligently left the wire on the road.
C. The Board is not liable because of the rain and storm, and as such, it was an
Act of God.
D. The Board is liable as supplying electricity is an inherently dangerous act,
and as such, the Board is absolutely liable.
28. The Supreme Court in Indian Medical Association v. V P Shanta, (1995) 6 SCC 651, has held
that:
A. a hospital rendering free service to some patients and paid services to

others is not covered under the definition of service under the Consumer
Protection Act, as gratuitous services is excluded from the definition of
service under the Act.
B. a hospital which renders service to the patients is covered under the
Consumer Protection Act whether they are rendering a contract of service
or contract for service.
C. a hospital which is run by the government is not covered under the
Consumer Protection Act and the patient who suffers due to the negligence
of a doctor working in the hospital will have to file the case in a civil court
under the law of tort.
D. a hospital which renders free service to some patients and paid service to
some others is covered under the definition of service, as the patients
who receive free service are the beneficiaries of the service hired by the
patients who pay for the service.
29. Delegated Legislation is:
28
A. the law made by the Parliament or the State Legislature under delegated
authority from the Constitution.
B. the rule, regulations byelaws, etc., made by subordinate authorities

under delegated authority from the Parliament or State Legislature.
C. the Ordinance promulgated by the President or the Governor under

delegated authority from the Constitution.
D. the law declared by the judiciary while deciding cases brought before it.
30. The doctrine of 'Acting under Dictation' is applied in the case of:
A. Abuse of discretion
B. Failure to exercise discretion
C. Unreasonable exercise of discretion
D. Arbitrary exercise of discretion
31. Judicial Review deals with:

A. the supervision and monitoring of the activities of the officials of various
government departments.
B. the review by the judiciary of its own decisions.
C. the review by the judiciary of the administrative and legislative acts.
D. the review by the judiciary of the case laws with a view to apply in the case
at hand.
Directions: The question below consists of two statements, one labelled as ‘Assertion’ (A)
and another as ‘Reason’ (R). Examine these two statements carefully and select the
answers to these items from the codes given below.
32. Assertion (A): It is the legal and constitutional duty of the State to provide legal aid to poor.
Reason (R): No one should be denied justice by reason of his poverty.
Codes:
A. Both A and R are individually true and R is the correct explanation of A.

B. Both A and R are individually true but R is not the correct explanation of A.
C. A is true but R is false.
D. A is false but R is true.
29
33. A, a singer, enters into a contract with B, the manager of a theatre, to sing at his theatre
two nights every week during the following two months, and B agrees to pay Rupees 100/-
for each night's performance. On the sixth night A wilfully absents herself from the theatre.
A. B is at liberty to put an end to the contract.

B. B has to give notice to end the contract.
C. B cannot breach the contract.
D. It is A’s freedom to take leave, so B has to retain A
34. Under which provision of the Companies Act, 2013, will members be liable for a reduction of the
statutory minimum number of members, in the Company?
A. Sec. 3A
B. Sec. 7
C. Sec. 3
D. Sec. 4
35. Mohit lends Rs. One Lakh to Som where Narain was the surety. The contract in this
transaction provided that the liability of Narain is limited to Rs. 50,000/-. The contract is:
A. void
B. irregular
C. voidable
D. valid
36. The right of an accused to be defended by a legal practitioner of his/her choice commences
when:
A. the charge sheet is issued
B. the accused pleads not guilty
C. the accused is remanded
D. the accused is arrested
30
37. The transfer of 'spes successionis' under the Transfer of Property Act is
A. void ab initio
B. voidable
C. perfectly valid
D. valid only if approved by the court .
38. A mortgage by deposit of title deeds for which a loan of Rs 3 crores is raised
A. can be effected only with the help of a written deed

B. only with the help of a written and attested deed
C. can be effected only with the help of a written, attested and registered
document.
D. can be effected without an attested or registered document.
39. The rule of Daniels v Davison (1809) 16 Ves 249, has been given a statutory shape in the
Transfer of Property Act, 1882, under, which of the following titles?
A. Registration as constructive notice

B. Actual possession as constructive notice
C. Doctrine of animo attestendi
D. Doctrine of election
40. Under which of the following laws is the remedy of restitution of conjugal rights not
available?
A. Hindu Marriage Act, 1955
B. Indian Christian Marriage Act, 1872
C. Parsi Marriage and Divorce Act, 1936
D. Special Marriage Act, 1954
41. H and W, both professing Muslim faith marry under the Special Marriage Act, 1954. In
course of time they are blessed with two sons and two daughters. The eldest child, S1 was
very successful and made a lot of money while the rest of the family members were in dire
31
financial circumstances. He maintained a separate habitation, refused to share his money
and executed a Will of his total property in favour of a trust before his death at the age of
44 excluding completely his younger siblings and old parents. The Will would be
A. valid only to the extent of 1/3rd of his total property.
B. void as 2/3rd of his property must go by intestate succession.
C. valid as he can make a Will of his total property.
D. valid as he died a bachelor .
42. A 35 years old Hindu bachelor (single man) adopts a 14 years old girl under the Hindu
Adoptions and Maintenance Act, 1956. Such adoption under the law is:
A. valid
B. void
C. voidable
D. irregular.
43. An “International Application” under the Patent Co-operation Treaty:
A. is examined by a patent examiner at a designated office.

B. is searched against by a single search conducted at a designated office.
C. results in a single patent covering all the States for which protection is
sought.
D. is forwarded to the patent offices of all the States for which protection is
sought for search and examination.
44. The first of the major laws for the protection of environment, to be promulgated in India
was the:
A. Water Act.
B. Air Act.
C. Environmental Act.
D. Noise Pollution Rule.
45. What does the term ISSN displayed on Journals stand for?
A. International Sequence of Standard Numbers
32
B. International Standard Serial Number
C. Index of Standard Serial Numbers
D. Indexed Standard and Sequential Numbers
46. The fundamental principle of non-refoulement in International Law is applied in relation to:
A. Terrorists
B. Drug traffickers
C. Smugglers
D. Refugees
47. The last trial by jury held in a criminal case in India was that of
A. Rustom v. State of Gujarat
B. Ascentia Dawes v. Crown
C. Lily v. State of Bombay
D. K.M. Nanavati v. State of Maharashtra
48. The Right to Education Act 2009 (RTE) provides for free and compulsory education to:
A All illiterate children of India

B All citizens of India
C Children aged between 6 and 14 years
D All children up to the age of 10 years
49. An International treaty becomes binding on India, when:
A The Prime minister of India signs the treaty

B The President of India signs the treaty
C The Parliament of India makes special legislation for accepting the treaty
D When the Indian delegation signs the treaty
33
50. The Supreme Court of India recognised ‘transgenders’ as ‘third gender with all rights’ in the
case of:
A Bar Council of India v. A.K. Balaji, AIR 2018 SC 1382

B National Legal Services Authority v. Union of India, AIR 2014 SC 1863
C Suresh Kumar Koushal v. NAZ Foundation, AIR 2014 SC 563
D State of Punjab v. Jagjit Singh, AIR 2016 SC 5176
34

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Admit Card Number

DO NOT OPEN TILL 2 P.M.

I. Our society is governed by the Constitution. The values of constitutional morality

3. Parliament gave effect to Article 17 by enacting:

4. Justice D.Y. Chandrachud’s reliance on Constituent Assembly Debates

5. In IYLA, Justice D.Y. Chandrachud held that Article 17 has:

9. In the passage above, what does the term “non-derogable” mean?

11. The power to promulgate an ordinance is an instance of the:

16. An Ordinance promulgated by the Governor:

20. A resolution by the Legislature disapproving an Ordinance promulgated under

incident of proprietary rights (dominium). Proprietary right is a compendium of rights

24. In common law, the owner of a piece of land is entitled to:

(B) The degree to which public tranquility is disturbed

(D) All the above

iii. By consideration of factors related to the maintenance of law and order.

i. Justified in view of the grave emergency cause by the Covid-19 pandemic.

ii. Violative of the rule of law.

iii. Violative of just and humane conditions of work.

(A) Only i and iii are correct (B) Only ii is correct

V. In view of various counter claims regarding registration or non-registration, what is

(A) Within a period not exceeding fifteen days

(B) Within a period not exceeding seven days

(D) Within such time as may be permitted by the jurisdictional Magistrate

48. An F.I.R. is considered the first information of the commission of a cognizable

55. Where primary evidence of an electronic record cannot be produced in court,

(A) Never admit such evidence

Gammon Infrastructure Projects Limited (“GIPL”) was awarded a contract for

In arithmetical terms, the acquisition by GIPL, of an equity interest in SIL’s project

[Excerpted from the judgment delivered by Ramasubramanian, J., in Securities and

(a) Lack of access to price sensitive information

(b) A profit motive

(c) Mens rea

72. Which of the following are the key facts in A Rajan?

X. Food Corporation of India (“FCI” or “Corporation”), the Appellant herein, procures

92. What is the extrinsic evidence that the Court used?

99. What does the term ‘latent ambiguity’ mean?

102. In order to prove infringement of copyright here, the Defendant’s work:

104. What is the test of prior use of trademark?

108. What is the defence of acquiescence?

110. Which of these is not, in itself, a defence to infringement of a registered

113. Company A is incorporated in FY 2020-21, Company B is incorporated in FY 2019-20,

115. CSR policy is based on which of the following principles?

Space for Rough Work

Space for Rough Work

Space for Rough Work

APPENDIX IV: PROVISIONAL ANSWER KEY: CLAT 2023 - POSTGRADUATE

(Question Numbers as per Master Question Booklet)

Q. No. Correct Q. No. Correct Q. No. Correct

Booklet sl. no.

Admit CArd Number

duration of test : 2 Hours (120 minutes) maximum marks : 120

7. Which of the following statements regarding the ‘morality of aspiration’ is untrue?

8. the rules for morality of duty command:

9. Consider the statements:

11. the concept of duty as characterised by Lon L. Fuller seems

12. Which of the following statements is not true?

49. Consider the following statements:

56. In which of the following provisions is the term dowr de ned ?

69. Which of the following is correct regarding a contingent contract?

73. Consider the given statements:

74. On amalgamation of a company,