Question 1

Which of the following have been held to be permissible restrictions under Articles 25 and 26 by the Supreme Court? 1. Vesting of religious activities of Jagannath Temple by an Act in a committee. 2. Permitting non-Brahmins to perform the rites and rituals in a temple. 3. Denying the Muslims the rig

Accepted Answer

Correct Option: (D) 2, 3 and 4. 1. Vesting of secular aspects of religious institutions in a committee is a permissible regulation by the state (e.g., Shirur Mutt case). 2. Permitting non-Brahmins as priests is permissible as it's not an essential religious practice (N. Adithayan v. Travancore Devaswom Board). 3. In S. Azeez Basha v. Union of India (1968), AMU was held not to be established by Muslims, thus denying them the right to administer it as a minority institution under Article 30, making this 'denial' permissible in that context. 4. Banning loudspeakers is permissible as it's not an essential religious practice and relates to public order/health (Church of God case). All four statements describe permissible actions or outcomes of judicial interpretation. However, since there is no option for '1, 2, 3 and 4', and assuming the question implies that '1' might be considered problematic if 'religious activities' is interpreted broadly to include essential practices, option (D) which includes 2, 3, and 4 is chosen as the best fit among the given choices, despite the ambiguity.

Question 2

Which one of the following statements is correct? In T.M.A. Pai Foundation v. State of Karnataka, Unnikrishan v. State of Andhra Pradesh was-

Accepted Answer

Correct Option: (A) overruled. The Supreme Court in T.M.A. Pai Foundation v. State of Karnataka (2002) overruled the scheme laid down in Unnikrishnan J.P. v. State of Andhra Pradesh (1993) regarding the regulation of fees and admissions in private unaided educational institutions, restoring greater autonomy to these institutions.

Question 3

Which one of the following is the correct sequence of protection in respect of conviction for offences?

Accepted Answer

Correct Option: (A) Ex post facto penal laws-double jeopardy-self incrimination. Article 20 of the Indian Constitution provides three protections in respect of conviction for offences, in the following sequence: Article 20(1) protects against ex post facto penal laws, Article 20(2) protects against double jeopardy, and Article 20(3) protects against self-incrimination.

Question 4

Which of the following Constitutional Amendments were made to nullify the decision of the Supreme Court in the Mandal Case? 1. The Constitution (Seventy-fifth Amendment) Act 2. The Constitution (Seventy-seventh Amendment) Act 3. The Constitution (Eightieth Amendment) Act 4. is not admissible. Select

Accepted Answer

Correct Option: (C) 2 and 4. The Mandal Case (Indra Sawhney & Ors. v. Union of India, 1992) upheld OBC reservations but imposed a 50% ceiling and excluded the creamy layer. The Constitution (Seventy-seventh Amendment) Act, 1995 (2), inserted Article 16(4A) to enable reservations in promotion for SCs and STs, directly nullifying part of the Mandal judgment. Option 4 'is not admissible' is not a constitutional amendment and appears to be a typo or placeholder. Assuming it's a typo for another relevant amendment (like the 81st Amendment, which allowed carrying forward unfilled reserved vacancies), then (C) would be the intended answer. Given the options, and 2 being definitively correct, (C) is the most plausible choice despite the flaw in option 4.

Question 5

Match List I with List II and select the correct answer using the code given below the list: List I A. Vineet Narain v. Union of India B. Kanu Sanyal v. D.M., Darjeeling C. Roopa Ashok Hurra v. Ashok Hurra D. Chandra Kumar Case List II 1. Curative petition 2. Habeas Corpus 3. Continuing Mandamus 4.

Accepted Answer

Correct Option: (C) A-3, B-2, C-1, D-4. A. Vineet Narain v. Union of India (1998) is known for the concept of 'Continuing Mandamus' (3). B. Kanu Sanyal v. D.M., Darjeeling (1973) is a landmark case defining the scope of the writ of Habeas Corpus (2). C. Roopa Ashok Hurra v. Ashok Hurra (2002) established the 'Curative Petition' (1). D. L. Chandra Kumar v. Union of India (1997) dealt with the judicial review powers of High Courts over 'Administrative Tribunals' (4). Thus, the correct match is A-3, B-2, C-1, D-4.

Question 6

Consider the following statements A person who is not a member of Parliament 1. cannot be appointed as a Minister. 2. can be appointed as a Minister for six months. 3. can be appointed as a Minister for six months term renewable by another six months. 4. can be appointed as a Minister beyond six mon

Accepted Answer

Correct Option: (A) 2 and 4. Article 75(5) of the Indian Constitution states that a Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister. This means a non-MP can be appointed as a Minister for six months (2), and if they get elected to either House within that period, they can continue as a Minister beyond six months (4). The six-month period is not renewable (3), and they can indeed be appointed (1 is incorrect).

Question 7

Match List I with List II and select the correct answer using the code given below the list: List I A. President is the formal head of Government of India B. Actual executive power of the Union is with the Council of Ministers C. Presidential election disputes are decided by the Supreme Court D. Pre

Accepted Answer

Correct Option: (A) A-2, B-1, C-4, D-3. A. President is the formal head of Government of India: Samsher Singh v. State of Punjab (1974) clarified the President's role as a constitutional head (2). B. Actual executive power of the Union is with the Council of Ministers: U.N. Rao v. Indira Gandhi (1971) affirmed that the Council of Ministers continues to advise the President even after Lok Sabha dissolution, implying actual power (1). C. Presidential election disputes are decided by the Supreme Court: This is provided under Article 71 (4). D. President is a part of Parliament: Article 79 states that Parliament consists of the President and the two Houses (3). Thus, the correct match is A-2, B-1, C-4, D-3.

Question 8

Consider the following objectives stated in the Preamble of the Constitution: 1. Equality of Status and of opportunity 2. Fraternity assuring the dignity of the individual 3. Justice-social, economic and political 4. Liberty of thought, expression and belie What is the correct order in which these f

Accepted Answer

Correct Option: (D) 3-4-1-2. The Preamble of the Indian Constitution lists the objectives in the following order: Justice (3), Liberty (4), Equality (1), and Fraternity (2). Therefore, the correct sequence is 3-4-1-2.

Question 9

In which one of the following cases were the provisions of the Constitution (Forty Second Amendment) Act which gave precedence to all or any Directive Principles of States Policy over the Fundamental Rights invalidated by the Supreme Court?

Accepted Answer

Correct Option: (D) Minerva Mills Ltd. v. Union of India. In Minerva Mills Ltd. v. Union of India (1980), the Supreme Court invalidated Section 4 of the 42nd Amendment Act, 1976, which had amended Article 31C to give precedence to all Directive Principles over Fundamental Rights (Articles 14, 19, and 31). The Court held that this disturbed the basic structure of the Constitution.

Question 10

Which of the following pairs is correctly matched?

Accepted Answer

Correct Option: (A) Article 31-A - Acquisition of estates. Article 31-A provides for the saving of laws providing for the acquisition of estates, etc., from challenge on the grounds of violating Articles 14 and 19. This pair is correctly matched. Article 31-B deals with the validation of certain Acts in the Ninth Schedule. Article 32 deals with the right to constitutional remedies. Article 148 deals with the Comptroller and Auditor-General of India.

Question 11

Match List I (Article) with List II (Power) and select the correct answer using the code given below the list: List I (Article) A. Article 72 B. Article 123 C. Article 161 D. Article 213 List II (Power) 1. President's ordinance. 2. Governor's ordinance making power 3. President's pardoning power 4.

Accepted Answer

Correct Option: (D) A-3, B-1, C-4, D-2. A. Article 72 grants the President's pardoning power (3). B. Article 123 empowers the President to promulgate Ordinances (1). C. Article 161 grants the Governor's pardoning power (4). D. Article 213 empowers the Governor to promulgate Ordinances (2). Thus, the correct match is A-3, B-1, C-4, D-2.

Question 12

Match List I (Article) with List II (Power) and select the correct answer using the code given below the list: List I (Article) A. Article 129 B. Article 131 C. Article 132 D. Article 136 List II (Power) 1. Original jurisdiction 2. Appellate jurisdiction 3. Appeal by special leave 4. Powers of Court

Accepted Answer

Correct Option: (D) A-4, B-1, C-2, D-3. A. Article 129 declares the Supreme Court to be a Court of Record (4). B. Article 131 defines the Original Jurisdiction of the Supreme Court (1). C. Article 132 deals with the Appellate Jurisdiction of the Supreme Court in constitutional matters (2). D. Article 136 grants the Supreme Court the power to grant Special Leave to Appeal (3). Thus, the correct match is A-4, B-1, C-2, D-3.

Question 13

Which one of the following statements is correct? Parliament has power to legislate with respect to any matter in the State List in the national Interest

Accepted Answer

Correct Option: (B) on passing a resolution with required majority by the Rajya Sabha. As per Article 249 of the Indian Constitution, Parliament can legislate on a matter in the State List if the Rajya Sabha passes a resolution by a special majority (not less than two-thirds of the members present and voting) declaring it necessary or expedient in the national interest.

Question 14

Consider the following statements: Whenever the question is whether a State Legislation has encroached upon the field of the Union Legislation, the Court will decide the competence of the Legislature and validity of such legislation by applying 1. repugnancy 2. colourable legislation 3. pith and sub

Accepted Answer

Correct Option: (C) 3 only. When a question arises about whether a State Legislature has encroached upon the field of Union Legislation, the primary doctrine applied by courts to determine the legislative competence and validity of such legislation is the doctrine of 'Pith and Substance' (3). This doctrine examines the true nature and character of the legislation. While 'colourable legislation' (2) is also used to strike down laws that indirectly achieve what cannot be done directly, and 'harmonious construction' (4) is a rule of interpretation, 'pith and substance' is the most direct test for legislative competence in federal disputes. 'Repugnancy' (1) applies to conflicts in the Concurrent List, not direct encroachment on another list.

Question 15

Which one of the following statements is correct? When Emergency is in operation, the President of India may declare that

Accepted Answer

Correct Option: (B) all Fundamental Rights except Articles 20 and 21 are suspended. As per Article 359 of the Indian Constitution, as amended by the 44th Amendment Act, 1978, when a Proclamation of Emergency is in operation, the President may, by order, declare that the right to move any court for the enforcement of such of the Fundamental Rights (except Articles 20 and 21) as may be mentioned in the order, shall remain suspended. Articles 20 (protection in respect of conviction for offences) and 21 (protection of life and personal liberty) cannot be suspended under any circumstances.

Question 16

Disputes between States in India come to the Supreme Court under

Accepted Answer

Correct Option: (C) Original Jurisdiction. As per Article 131 of the Indian Constitution, the Supreme Court has exclusive Original Jurisdiction to adjudicate disputes between the Union and States, or between two or more States.

Question 17

Consider the following statements: The doctrine of prospective overruling propounded by the Supreme Court in Golaknath Case held that the decision will have only prospective operation and was intended to save 1. Constitution (4th Amendment) Act 2. Constitution (24th Amendment) Act 3. Constitution (1

Accepted Answer

Correct Option: (A) 1, 2 and 3. The doctrine of prospective overruling, first applied in Golaknath v. State of Punjab (1967), meant that the Court's decision (that Parliament could not amend Fundamental Rights) would only apply prospectively, thereby saving the validity of past constitutional amendments that had already been made. These past amendments primarily included the 1st, 4th (1), and 17th (3) Amendments. The 24th Amendment (2) and 42nd Amendment (4) were enacted after the Golaknath judgment, with the 24th Amendment specifically designed to overcome the Golaknath ruling. Therefore, statements 1 and 3 are correct. Since no option provides only 1 and 3, and option (A) includes 1 and 3 along with 2 (which was a response to Golaknath, not saved by it), this question's options are problematic. However, if forced to choose, and considering the 24th Amendment's direct relation as a counter-measure, (A) might be the intended answer in a flawed question.

Question 18

Which one of the following statements is correct?

Accepted Answer

Correct Option: (D) A foreigner in the service of India may accept a title from a foreign State. Article 18(3) of the Indian Constitution states that 'No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.' This implies that a foreigner in the service of India may accept a title from a foreign State with the consent of the President.

Question 19

Which of the following statements is not correct?

Accepted Answer

Correct Option: (A) writ of certiorari lies against private domestic tribunals. Writs of Certiorari and Prohibition are public law remedies issued by higher courts to control the jurisdiction of inferior courts, tribunals, or public authorities exercising judicial or quasi-judicial functions. They are generally not issued against purely private bodies or 'private domestic tribunals' that do not have a statutory or public duty.

Question 20

Consider the following statements: Parliamentary privileges are available to 1. Attorney General when he participates in the proceedings of the House of the People. 2. Minister's speech made in House of which he is not a member. 3. an individual who is called upon to testify before the House. Which

Accepted Answer

Correct Option: (D) 1, 2 and 3. Parliamentary privileges extend to the Attorney General when participating in House proceedings (Article 88), to a Minister speaking in a House of which they are not a member (Article 88), and to individuals summoned to testify before the House or its committees. Therefore, all three statements are correct.

Question 21

Which one of the following statements is correct? The Speaker may be removed

Accepted Answer

Correct Option: (C) by a resolution of the House of the People moved after 14 days' clear notice and passed by the majority of all the then members of the House. As per Article 94(c) of the Indian Constitution, the Speaker of the Lok Sabha may be removed from office by a resolution of the House of the People, moved after giving at least fourteen days' advance notice, and passed by a majority of all the then members of the House.

Question 22

Which one of the following statements is correct? An ordinary bill introduced in Lok Sabha or Rajya Sabha becomes law

Accepted Answer

Correct Option: (A) when it is passed by both the Houses and assent of the President is received. For an ordinary bill to become law, it must be passed by both Houses of Parliament (Lok Sabha and Rajya Sabha) and then receive the assent of the President.

Question 23

Which one of the following statements is correct? The President can issue a proclamation of emergency

Accepted Answer

Correct Option: (D) when the decision of the union cabinet for the issuance of such a proclamation has been communicated to him in writing. As per Article 352(3) of the Indian Constitution, inserted by the 44th Amendment Act, 1978, the President can issue a Proclamation of National Emergency only when the decision of the Union Cabinet for the issuance of such a proclamation has been communicated to him in writing.

Question 24

Match List 1 (Case) with List II (Article Involved) and select the correct answer using the code given below the list: List I (Case) A. S.R. Bommai v. Union of India B. P.V. Narsimha Rao v. State C. A.D.M., Jabalpur v. Shiv Kant Shukla D. Lily Thomas v. Union of India List II (Article Involved) 1. A

Accepted Answer

Correct Option: (D) A-2, B-3, C-1, D-4. A. S.R. Bommai v. Union of India (1994) is the landmark case for Article 356 (President's Rule) (2). B. P.V. Narasimha Rao v. State (1998) dealt with parliamentary privileges under Article 105 (3). C. A.D.M., Jabalpur v. Shiv Kant Shukla (1976) dealt with the suspension of Article 21 during an emergency (1). D. Lily Thomas v. Union of India (2013) dealt with the disqualification of convicted legislators, which is not related to Article 44 (Uniform Civil Code). However, since A-2, B-3, and C-1 are definitively correct, and only option (D) provides this combination, it implies a flaw in the question's pairing for D.

Question 25

Prior to the 42nd Amendment of the Constitution, in which of the following cases the Supreme Court had observed that secularism is a basic feature of the Constitution? 1. State of W.B. v. Union of India 2. Indira Nehru Gandhi v. Raj Narain 3. M.H. Kureshi v. State of Bihar 4. Kesavananda Bharati v.

Accepted Answer

Correct Option: (D) 2 and 4. The Supreme Court in Kesavananda Bharati v. State of Kerala (1973) propounded the Basic Structure Doctrine, which includes secularism as one of its essential features. This was prior to the 42nd Amendment (1976) which explicitly added 'secular' to the Preamble. While Indira Nehru Gandhi v. Raj Narain (1975) primarily dealt with election laws and reaffirmed the basic structure doctrine, it is often considered in the context of the evolution of the basic structure, which encompasses secularism. Options 1 and 3 are not directly related to secularism as a basic feature.

Question 26

The equality provision viz. Article 14 of the Constitution of India has been influenced by the Constitution of

Accepted Answer

Correct Option: (A) the U.S.A.. Article 14 of the Indian Constitution guarantees 'equality before the law' and 'equal protection of the laws.' While 'equality before the law' is of British origin, the concept of 'equal protection of the laws' has been significantly influenced by the Fourteenth Amendment of the Constitution of the United States of America.

Question 27

Match List I (Article) with List II (Power) and select the correct answer using the code given below the list: List I (Article) A. Article 61 B. Article 71 C. Article 127 D. Article 215 List II (Power) 1. Appointment of ad hoc judges in the Supreme Court 2. High Courts are courts of record 3. Proced

Accepted Answer

Correct Option: (D) A-3, B-4, C-1, D-2. A. Article 61 outlines the Procedure for the impeachment of the President (3). B. Article 71 deals with Matters relating to the election of President or Vice-President (4). C. Article 127 provides for the Appointment of ad hoc judges in the Supreme Court (1). D. Article 215 declares that High Courts are courts of record (2). Thus, the correct match is A-3, B-4, C-1, D-2.

Question 28

Match List I with List II and select the correct answer using the code given below the list: List I A. S.R. Chaudhari's Case B. Murlai Deora's case C. Association for Democratic Reforms case D. PUCL case List II 1. Electors have fundamental right to know antecedents of contesting candidates 2. Right

Accepted Answer

Correct Option: A-4, B-2, C-1, D-3. Based on legal precedents: - S.R. Chaudhari's Case (A) is related to a non-member minister not being re-appointed if they fail to get elected within six months (4). - Murlai S. Deora v. Union of India (B) is known for the ban on smoking in public places (3). - Association for Democratic Reforms (ADR) cases (C) established the right of electors to know the antecedents of contesting candidates (1). - PUCL (People's Union for Civil Liberties) cases (D) have been instrumental in interpreting the right to food as a fundamental right under Article 21 (2). Thus, the correct mapping is A-4, B-3, C-1, D-2. However, none of the provided options perfectly match this mapping. Option (B) matches A-4 and C-1, but incorrectly associates B-2 (Right to food) with Murlai Deora and D-3 (Smoking ban) with PUCL. Given the choices, and the strong association of A-4 and C-1, option (B) is chosen as the closest, acknowledging the discrepancy for B and D.

Question 29

Who among the following can remove a Judge of High Court from his office?

Accepted Answer

Correct Option: President on the basis of resolution passed by both Houses of Parliament. A Judge of a High Court can be removed from office by an order of the President, but only after an address by both Houses of Parliament, supported by a special majority, has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity (Article 217 read with Article 124(4) and (5) of the Constitution).

Question 30

Which one of the following statements is correct? An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court in the territory of India if the High Court certifies under Article 134A that the case involves

Accepted Answer

Correct Option: a substantial question of law of general importance. As per Article 133(1) of the Indian Constitution, an appeal lies to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court if the High Court certifies under Article 134A that the case involves a substantial question of law of general importance.

Question 31

A Proclamation under Article 356 is required to be approved by resolutions of both Houses of Parliament by

Accepted Answer

Correct Option: Simple majority within two months. A Proclamation of President's Rule (Article 356) must be approved by both Houses of Parliament within two months from the date of its issue. The approval requires a simple majority of members present and voting in each House.

Question 32

Which one of the following sets contains a feature which is not a basic feature of the Constitution of India?

Accepted Answer

Correct Option: Emergency provision, egalitarianism, dignity of the individual. While egalitarianism and dignity of the individual are core constitutional values, 'Emergency provision' itself is a procedural mechanism and not considered a 'basic feature' defining the immutable structure of the Constitution, unlike the others listed in options (A), (B), and (D). The basic structure doctrine protects the fundamental identity of the Constitution.

Question 33

Which of the following set is said to be the Golden Triangle of Indian Constitution?

Accepted Answer

Correct Option: Articles 14, 19 and 21. Articles 14 (Right to Equality), 19 (Right to Freedom), and 21 (Right to Life and Personal Liberty) are often referred to as the 'Golden Triangle' of the Indian Constitution. This is because these articles are frequently read together by the Supreme Court to expand the scope of fundamental rights and ensure justice.

Question 34

Which one of the following statements in respect of admissibility and relevancy is correct?

Accepted Answer

Correct Option: An admissible fact is always a relevant fact. For a fact to be admissible in court, it must first be relevant. Admissibility is a narrower concept than relevancy. While all admissible facts are relevant, not all relevant facts are admissible (e.g., if they are privileged, hearsay, or excluded by other rules of evidence).

Question 35

Which one of the following statements is correct? Facts forming part of the same transaction are facts

Accepted Answer

Correct Option: which are connected with other facts on the basis of time, place, object, parties, acts or omissions. As per Section 6 of the Indian Evidence Act, 1872 (doctrine of Res Gestae), facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant. This connection can be based on continuity of purpose, cause and effect, or proximity in time, place, object, parties, acts or omissions, even if they occurred at different times and places.

Question 36

Which one of the following statements is correct? The latest approach toward the evidentiary value of "identification parade", as laid down by the Supreme Court in Anik Kumar v. State of U.P. is that it is

Accepted Answer

Correct Option: corroborative evidence in criminal proceedings. An identification parade (TIP) is not substantive evidence. Its primary purpose is to corroborate the testimony of the witness in court. It helps to test the memory and veracity of the witness who claims to have seen the accused at the time of the incident.

Question 37

Which one of the following statements is correct? The 'alibi' under section 11 of the Indian Evidence Act, 1872 is decided on the basis of

Accepted Answer

Correct Option: preponderance of probability. The burden of proving an alibi lies on the accused. In criminal law, the standard of proof for the accused to establish a defense is generally on a 'preponderance of probabilities'. While a successful alibi must be so convincing as to make the prosecution's case impossible (thereby creating a reasonable doubt), the standard for the defense to prove its own facts is not 'beyond reasonable doubt'. Section 11 itself refers to facts making the existence or non-existence of a fact 'highly probable or improbable', which aligns with a higher degree of probability.

Question 38

Which one of the following statements is correct? Admission is acknowledging any right of liability under civil law, made

Accepted Answer

Correct Option: by conduct, orally, or in writing or contained in electronic form. As per Section 17 of the Indian Evidence Act, 1872, an admission is a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned. It can also be made by conduct.

Question 39

What does police-custody in the context of the Indian Evidence Act, 1872 mean?

Accepted Answer

Correct Option: Some kind of surveillance and restriction by the police. In the context of the Indian Evidence Act, particularly concerning confessions made in police custody (Section 26), 'police custody' is interpreted broadly. It is not limited to formal arrest or confinement within a police station. It includes any situation where a person is under the surveillance or control of the police, and their freedom of movement is restricted, even if they are not formally arrested or handcuffed.

Question 40

Which one of the following statements is correct? A "Dying Declaration" made under section 32 of the Indian Evidence Act, 1872 is subject to the control of

Accepted Answer

Correct Option: Section 158 of the Indian Evidence Act, 1872. A dying declaration, though admissible under Section 32(1) of the Indian Evidence Act, 1872, is not immune from scrutiny. Its credibility can be impeached or corroborated in the same manner as the testimony of a witness. Section 158 of the Indian Evidence Act specifically provides for proving or disproving previous statements of a witness, or statements relevant under Section 32 or 33, to corroborate or contradict them.

Question 41

Which one of the following statements is correct? "Hearsay evidence" become relevant

Accepted Answer

Correct Option: in all of the categories mentioned above. Hearsay evidence is generally inadmissible, but the Indian Evidence Act, 1872, provides several exceptions where it becomes relevant. These exceptions include statements forming part of the same transaction (Res Gestae) under Section 6, Admissions and Confessions (Sections 17-30), and statements made in public documents (Sections 35, 74) or facts presumed by the court (Section 114). Therefore, all the categories mentioned in (A), (B), and (C) are instances where what would otherwise be hearsay becomes relevant and admissible.

Question 42

Which one of the following statements is correct? A 'Public document' is a document which

Accepted Answer

Correct Option: was executed by a public servant in public capacity. As per Section 74 of the Indian Evidence Act, 1872, public documents include documents forming the acts or records of the acts of sovereign authority, official bodies and tribunals, and public officers, legislative, judicial and executive, of any part of India or of the Commonwealth, or of a foreign country. The essential characteristic is that it is executed by a public servant in their public capacity.

Question 43

For which of the following documents oral evidence cannot be given to remove any ambiguity?

Accepted Answer

Correct Option: A 'will' to which the Indian Succession Act, 1925 applies. Sections 91 and 92 of the Indian Evidence Act, 1872, generally prohibit the admission of oral evidence to contradict, vary, add to, or subtract from the terms of a written document, especially when the document is a contract, grant, or other disposition of property. A 'will' is a formal disposition of property. While oral evidence can be given to explain ambiguities in certain contexts (Sections 95, 98), it cannot be used to alter the clear terms of a will or other formal disposition of property.

Question 44

A court cannot compel the parties to undergo a blood test, to establish the legitimacy of the child because it would amount to declaring the mother as unchaste and child as illegitimate. This view was laid down in which one of the following cases?

Accepted Answer

Correct Option: Gautam Kundu v. State of West Bengal. The landmark judgment in Gautam Kundu v. State of West Bengal (1993) held that a court cannot ordinarily compel a person to undergo a blood test to determine paternity, especially if it would have the effect of branding a child as illegitimate and the mother as unchaste, unless there is strong prima facie evidence to rebut the presumption of legitimacy under Section 112 of the Indian Evidence Act.

Question 45

Which one of the following statements is correct? The protection of professional communication as provided under Indian Evidence Act, 1872, in section 126 to 129 is available only

Accepted Answer

Correct Option: before commission of the offence or illegal acts. Section 126 of the Indian Evidence Act, 1872, protects professional communications between a client and their legal advisor. However, this protection does not extend to communications made in furtherance of any illegal purpose, or any fact observed by the legal advisor in the course of employment showing that any crime or fraud has been committed since the commencement of employment. Therefore, the protection is available for communications made before the commission of an offence or illegal acts, or for lawful purposes.

Question 46

Which one of the following statements is correct? In a trial of 'A' for the murder of 'B', marks on the ground produced by a struggle at or near the place of murder is a fact

Accepted Answer

Correct Option: as to the occasion, cause or effect of facts in issue. As per Section 7 of the Indian Evidence Act, 1872, facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant. Marks on the ground produced by a struggle are an effect of the fact in issue (murder) and constitute the state of things under which it happened.

Question 47

Match List I with List II and select the correct answer using the code given below the list: List I A. Noor Mohd. v. Imtiaz Ahmad B. Pratap Singh v. State of Punjab C. Sardual Singh v. State of Bombay D. Raghunath v. State of U.P. List II 1. Section 6 of the Indian Evidence Act 2. Section 7 of the I

Accepted Answer

Correct Option: A-1, B-2, C-3, D-4. The correct matches are: - A. Noor Mohd. v. Imtiaz Ahmad: This case is a prominent example discussing the application of Section 6 (Res Gestae) of the Indian Evidence Act, dealing with facts forming part of the same transaction. - B. Pratap Singh v. State of Punjab: This case is often cited in the context of Section 7 of the Indian Evidence Act, which deals with facts that are the occasion, cause, or effect of facts in issue. - C. Sardual Singh v. State of Bombay: This case is a significant precedent for understanding Section 8 of the Indian Evidence Act, which covers motive, preparation, and previous or subsequent conduct. - D. Raghunath v. State of U.P.: This case is relevant to Section 17 of the Indian Evidence Act, which defines 'admission'.

Question 48

Which one of the following statements is correct? A struck B on the neck with a knife and this was seen by C who exclaimed, "A is killing B". C's exclamation is

Accepted Answer

Correct Option: relevant because it forms part of the transaction. C's exclamation, "A is killing B," made at the very moment of the act, is relevant under Section 6 of the Indian Evidence Act, 1872 (Res Gestae). It forms part of the same transaction as the act of A striking B, even though it is not a fact in issue itself. The spontaneity and immediate connection to the main event make it admissible.

Question 49

Which one of the following is not a public document?

Accepted Answer

Correct Option: Insurance policy. As per Section 74 of the Indian Evidence Act, 1872, public documents include official records of public officers, judicial proceedings, and public records of private documents. Letters between authorities (official communications), electoral lists (official records), and order sheets in judicial proceedings (judicial records) are all public documents. An insurance policy, however, is a private contract between an individual and an insurance company, and thus, it is a private document.

Question 50

Which one of the following statments is correct? Under Section 90 of the Indian Penal Code consent is said to be a free consernt when (A) given by a child above 12 years of age (B) given by a person under fear of injury (C) given by a person of unsound mind (D) given under misconception of fact

Accepted Answer

Correct Option: given by a child above 12 years of age. Section 90 of the Indian Penal Code specifies conditions under which consent is not considered free (e.g., given under fear of injury, misconception of fact, by a person of unsound mind, or by a child under twelve years of age). Therefore, consent given by a child above twelve years of age, assuming none of the other vitiating factors are present, can be considered free consent. The other options describe situations where consent is explicitly not free as per Section 90.

Question 51

Match List I with List II and select the correct answer using the code given below the list: List I A. Presumption as to books, maps and charts B. Presumption as to power of Attorney C. Presumption as to telephonic messages D. Presumption as to plans made by authority of government List II 1. Sectio

Accepted Answer

Correct Option: A-2, B-1, C-3, D-4. The correct matches are: A. Presumption as to books, maps and charts - Section 87 (List II, 2) B. Presumption as to power of Attorney - Section 85 (List II, 1) C. Presumption as to telephonic messages - Section 88 (List II, 3) D. Presumption as to plans made by authority of government - Section 83 (List II, 4) Thus, the correct code is A-2, B-1, C-3, D-4.

Question 52

"Facts not otherwise relevant are relevant if they are inconsistent with any fact in issue or relevant fact". Which of the following sections of the Indian Evidence Act contains the aforesaid principle of law? (A) Section 9 (B) Section 10 (C) Section 11 (D) Section 12

Accepted Answer

Correct Option: Section 11. The principle 'Facts not otherwise relevant are relevant if they are inconsistent with any fact in issue or relevant fact' is enshrined in Section 11 of the Indian Evidence Act, which deals with the relevancy of facts otherwise irrelevant (often referred to as the plea of alibi).

Question 53

Which of the following pairs is not correctly matched? (A) Admission by persons having and proprietary interest - Section 18 of the Indian Evidence Act (B) Confession made after removal of impression caused by inducement - Section 28 of the Indian Evidence Act (C) Admission by persons expressly refe

Accepted Answer

Correct Option: Admission by persons expressly referred to by party to suit - Section 21 of the Indian Evidence Act. Section 20 of the Indian Evidence Act deals with admissions by persons expressly referred to by a party to suit. Section 21 deals with the proof of admissions against the persons making them. Therefore, option (C) is not correctly matched.

Question 54

Which one of the following statements is correct? A, who has taken vow of silence gives evidence in writing in an open court. His evidence shall be deemed to be (A) documentary evidence (B) circumstantial evidence (C) oral evidence (D) secondary evidence

Accepted Answer

Correct Option: oral evidence. As per Section 119 of the Indian Evidence Act, evidence given by a person unable to speak (e.g., due to a vow of silence) by writing or signs in open court is deemed to be oral evidence.

Question 55

Consider the following statements: 1. Presumption as to documents thirty-years old is mandatory 2. A child is not competent to testify 3. Doctrine of promissory estoppel is applicable against the government 4. Privilege granted to lawyers under section 126 aims at the protection of lawyers Which of

Accepted Answer

Correct Option: 3 only. Statement 1 is incorrect because the presumption under Section 90 of the Indian Evidence Act regarding thirty-year-old documents is discretionary ('may presume'), not mandatory. Statement 2 is incorrect because Section 118 of the Indian Evidence Act does not set an age limit for competence; it depends on the child's understanding and ability to give rational answers. Statement 3 is correct as the doctrine of promissory estoppel is applicable against the government in India. Statement 4 is incorrect because the privilege under Section 126 of the Indian Evidence Act is primarily for the protection of the client's confidential communications, not the lawyer's. Thus, only statement 3 is correct.

Question 56

A is indicted for the murder of B. C says that B when dying, declared that A had given B the wound of which B died. Evidence is offered to show that, on a previous occasion, C said that the wound was not given by A. Which one of the following is correct? The evidence is (A) prohibited under section

Accepted Answer

Correct Option: admissible under section 155 of the Indian Evidence Act. The evidence offered to show that C made a previous inconsistent statement (that the wound was not given by A) is admissible under Section 155(3) of the Indian Evidence Act to impeach the credit of witness C.

Question 57

Consider the following statements: 1. In criminal proceedings good character of the accused is always relevant 2. In criminal proceedings bad character of the accused is always relevant 3. In a civil case evidence of character of any person concerned is always admissible 4. A previous conviction is

Accepted Answer

Correct Option: 1 and 4. Statement 1 is correct: Section 53 of the Indian Evidence Act makes the good character of an accused relevant in criminal proceedings. Statement 2 is incorrect: Section 54 states that the bad character of an accused is generally irrelevant in criminal proceedings, unless it's a reply to good character evidence or is itself a fact in issue. Statement 3 is incorrect: Section 52 states that character evidence is generally irrelevant in civil cases. Statement 4 is correct: The explanation to Section 54 explicitly states that a previous conviction is relevant as evidence of bad character. Thus, statements 1 and 4 are correct.

Question 58

Consider the following statements: The Indian Evidence Act is applicable to 1. the proceedings under chapter IX of Cr.PC 2. court martial under the Army Act 3. affidavits presented to any court 4. an execution proceeding Which of the statements given above are correct?

Accepted Answer

Correct Option: 1 and 4. Section 1 of the Indian Evidence Act states that it applies to all judicial proceedings, including Courts-martial (except those under specific acts like the Army Act), but not to affidavits or arbitration proceedings. Proceedings under Chapter IX of Cr.PC (maintenance) and execution proceedings are judicial proceedings, so 1 and 4 are correct. Court-martial under the Army Act (2) and affidavits (3) are explicitly excluded.

Question 59

Which one of the following does not fall within the meaning of the term 'Court' used under Indian Evidence Act, 1872? (A) Revenue Tribunal (B) Industrial Tribunal (C) Registrar's Court (D) Enquiry Commission, Legal Advisor and Excise Officer

Accepted Answer

Correct Option: Enquiry Commission, Legal Advisor and Excise Officer. Section 3 of the Indian Evidence Act defines 'Court' to include all Judges and Magistrates, and all persons, except arbitrators, legally authorized to take evidence. While tribunals and a Registrar's Court (when exercising judicial functions) are generally considered 'Courts' for this purpose, a Legal Advisor or an Excise Officer, in their general capacity, are not typically legally authorized to take evidence in a judicial proceeding. An Enquiry Commission might be, but the combination 'Legal Advisor and Excise Officer' makes this option the one that most clearly does not fall within the definition.

Question 60

Which of the following statements is correct? (A) A dying declaration recorded by a Magistrate not empowered under section 164 Cr.PC cannot be proved by the oral evidence of the Magistrate (B) The credit of the declarant cannot be impeached (C) A dying declaration is substantive evidence (D) If the

Accepted Answer

Correct Option: A dying declaration is substantive evidence. A dying declaration, admissible under Section 32(1) of the Indian Evidence Act, is considered substantive evidence. This means it can be relied upon by the court to establish facts, even in the absence of other corroborative evidence, provided it is found to be truthful and reliable. Options (A), (B), and (D) are incorrect based on the principles of dying declarations and witness impeachment.

Question 61

Which of the following statements is correct? (A) Section 91 of the Indian Evidence Act does not apply to third parties (B) Section 91 of the Indian Evidence Act does not apply to criminal cases (C) Section 91 of the Indian Evidence Act does not apply if there is not completed contract (D) Section 9

Accepted Answer

Correct Option: Section 91 of the Indian Evidence Act does not apply if there is not completed contract. Section 91 applies when the terms of a contract, grant, or other disposition of property have been reduced to the form of a document. If a contract is not completed, it implies that the document may not be the final and complete repository of the agreed-upon terms, or that the agreement itself is still inchoate. In such a situation, the rule of exclusion under Section 91 might not apply to prevent the admission of other evidence regarding the terms.

Question 62

Which of the following facts can be proved under section 92 of the Indian Evidence Act? (A) The policy of insurance is affected on goods in ships from Kolkata to London. The goods are shipped in a particular ship which is lost. A party says that the particular ship was orally excepted from the polic

Accepted Answer

Correct Option: A enters into a written contract with B to work in certain mines, the property of B, on certain terms. A says that he was induced to do so by a misrepresentation of B as to their value.. Proviso (1) to Section 92 of the Indian Evidence Act allows for the admission of evidence of any fact that would invalidate a document, such as fraud, intimidation, illegality, or misrepresentation. In option (D), A claims to have been induced into the contract by B's misrepresentation, which is a ground for invalidating the contract. Therefore, evidence of this misrepresentation can be proved.

Question 63

Which of the following observations is correct? (A) Section 91 and 92 of the Indian Evidence Act may not be abrogated by special law (B) Where section 91 does not apply section 92 also does not apply (C) The law of estoppel does ot override sections 91 to 94 of the Indian Evidence Act (D) Section 91

Accepted Answer

Correct Option: Where section 91 does not apply section 92 also does not apply. Section 91 lays down the rule that the document itself is the primary evidence of its terms. Section 92 then builds upon this by excluding oral evidence to contradict, vary, add to, or subtract from those terms once they have been proved by the document under Section 91. Therefore, if Section 91 does not apply (e.g., because the terms were not reduced to a document, or the document is not the sole repository of the terms), then Section 92, which deals with varying those terms, also does not apply.

Question 64

Which of the following statements is correct? (A) Section 115 of the Indian Evidence Act applies to contracts by infants (B) Pardanashin ladies are exempt from estoppel (C) A representation made by an agent is effectual for the purpose of estoppel as if it had been made by his principal (D) An admis

Accepted Answer

Correct Option: A representation made by an agent is effectual for the purpose of estoppel as if it had been made by his principal. Under the principles of agency, a representation made by an agent acting within the scope of their actual or apparent authority is considered to be the representation of the principal. Therefore, such a representation can give rise to an estoppel against the principal, as if the principal had made the representation directly. Options (A), (B), and (D) are incorrect based on established legal principles regarding minors, pardanashin ladies, and advocate admissions.

Delhi APO 2005

118 Questions Available

Delhi APO 2005

118 Questions Available

Question 1: Which of the following have been held to be permissible restrictions under Articles 25 and 26 by the Supreme Court? 1. Vesting of religious activities

Question 2: Which one of the following statements is correct? In T.M.A. Pai Foundation v. State of Karnataka, Unnikrishan v. State of Andhra Pradesh was-

Question 3: Which one of the following is the correct sequence of protection in respect of conviction for offences?

Question 4: Which of the following Constitutional Amendments were made to nullify the decision of the Supreme Court in the Mandal Case? 1. The Constitution (Seven

Question 5: Match List I with List II and select the correct answer using the code given below the list: List I A. Vineet Narain v. Union of India B. Kanu Sanyal

Question 6: Consider the following statements A person who is not a member of Parliament 1. cannot be appointed as a Minister. 2. can be appointed as a Minister f

Question 7: Match List I with List II and select the correct answer using the code given below the list: List I A. President is the formal head of Government of I

Question 8: Consider the following objectives stated in the Preamble of the Constitution: 1. Equality of Status and of opportunity 2. Fraternity assuring the dign

Question 9: In which one of the following cases were the provisions of the Constitution (Forty Second Amendment) Act which gave precedence to all or any Directive

Question 10: Which of the following pairs is correctly matched?

Question 11: Match List I (Article) with List II (Power) and select the correct answer using the code given below the list: List I (Article) A. Article 72 B. Artic

Question 12: Match List I (Article) with List II (Power) and select the correct answer using the code given below the list: List I (Article) A. Article 129 B. Arti

Question 13: Which one of the following statements is correct? Parliament has power to legislate with respect to any matter in the State List in the national Inter

Question 14: Consider the following statements: Whenever the question is whether a State Legislation has encroached upon the field of the Union Legislation, the Co

Question 15: Which one of the following statements is correct? When Emergency is in operation, the President of India may declare that

Question 16: Disputes between States in India come to the Supreme Court under

Question 17: Consider the following statements: The doctrine of prospective overruling propounded by the Supreme Court in Golaknath Case held that the decision wil

Question 18: Which one of the following statements is correct?

Question 19: Which of the following statements is not correct?

Question 20: Consider the following statements: Parliamentary privileges are available to 1. Attorney General when he participates in the proceedings of the House

Question 21: Which one of the following statements is correct? The Speaker may be removed

Question 22: Which one of the following statements is correct? An ordinary bill introduced in Lok Sabha or Rajya Sabha becomes law

Question 23: Which one of the following statements is correct? The President can issue a proclamation of emergency

Question 24: Match List 1 (Case) with List II (Article Involved) and select the correct answer using the code given below the list: List I (Case) A. S.R. Bommai v.

Question 25: Prior to the 42nd Amendment of the Constitution, in which of the following cases the Supreme Court had observed that secularism is a basic feature of

Question 26: The equality provision viz. Article 14 of the Constitution of India has been influenced by the Constitution of

Question 27: Match List I (Article) with List II (Power) and select the correct answer using the code given below the list: List I (Article) A. Article 61 B. Artic

Question 28: Match List I with List II and select the correct answer using the code given below the list: List I A. S.R. Chaudhari's Case B. Murlai Deora's case C.

Question 29: Who among the following can remove a Judge of High Court from his office?

Question 30: Which one of the following statements is correct? An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceed

Question 31: A Proclamation under Article 356 is required to be approved by resolutions of both Houses of Parliament by

Question 32: Which one of the following sets contains a feature which is not a basic feature of the Constitution of India?

Question 33: Which of the following set is said to be the Golden Triangle of Indian Constitution?

Question 34: Which one of the following statements in respect of admissibility and relevancy is correct?

Question 35: Which one of the following statements is correct? Facts forming part of the same transaction are facts

Question 36: Which one of the following statements is correct? The latest approach toward the evidentiary value of "identification parade", as laid down by the Sup

Question 37: Which one of the following statements is correct? The 'alibi' under section 11 of the Indian Evidence Act, 1872 is decided on the basis of

Question 38: Which one of the following statements is correct? Admission is acknowledging any right of liability under civil law, made

Question 39: What does police-custody in the context of the Indian Evidence Act, 1872 mean?

Question 40: Which one of the following statements is correct? A "Dying Declaration" made under section 32 of the Indian Evidence Act, 1872 is subject to the contr

Question 41: Which one of the following statements is correct? "Hearsay evidence" become relevant

Question 42: Which one of the following statements is correct? A 'Public document' is a document which

Question 43: For which of the following documents oral evidence cannot be given to remove any ambiguity?

Question 44: A court cannot compel the parties to undergo a blood test, to establish the legitimacy of the child because it would amount to declaring the mother as

Question 45: Which one of the following statements is correct? The protection of professional communication as provided under Indian Evidence Act, 1872, in section

Question 46: Which one of the following statements is correct? In a trial of 'A' for the murder of 'B', marks on the ground produced by a struggle at or near the p

Question 47: Match List I with List II and select the correct answer using the code given below the list: List I A. Noor Mohd. v. Imtiaz Ahmad B. Pratap Singh v. S

Question 48: Which one of the following statements is correct? A struck B on the neck with a knife and this was seen by C who exclaimed, "A is killing B". C's excl

Question 49: Which one of the following is not a public document?

Question 50: Which one of the following statments is correct? Under Section 90 of the Indian Penal Code consent is said to be a free consernt when (A) given by a c