MCQ for Judicial Services Exams

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1 – Which one of the following features does not support the federal character of Indian Constitution?
(A) Distribution of powers between Centre and States
(B) Authority of Courts
(C) Supremacy of the Constitution
(D) Single citizenship
Answer: (D)
2- Match List-I with List-II and select the correct answer using the codes given below:
List – I List – II
I- Law declared by the Supreme Court to be binding on all courts- (a) Article 141
II- Advisory jurisdiction of Supreme Court- (b) Article 143
III- Power of Supreme Court to review its own judgement- (c) Article 137
IV- Appeal by Special Leave (d) Article 136
Codes:
I II III IV
(A) (a) (b) (c) (d)
(B) (b) (a) (c) (d)
(C) (a) (c) (d) (b)
(D) (b) (c) (a) (d)
Answer: (A)

3- In which of the following cases free and fair election is recognized as basic structure of Indian Constitution?
(A) Indira Gandhi V- Raj Narayan
(B) Minerva Mills V- Union of India
(C) Both (A) and (B) above
(D) None of the above
Answer: (A)
4- Which one of the following cases is not related to the doctrine of severability?
(A) A-K- Gopalan V- State of Madras
(B) R-M-D-C- V- Union of India
(C) Minerva Mills Ltd- V- Union of India
(D) Kihota Holohan V- Zachithu
Answer: (C)
5- Match List-I with List-II and select the correct answer using the codes given below:
List – I List – II
I- Power of Parliament to legislate on State subjects in national interest- (a) Article 249
II- Power of Parliament to legislate on Stat subjects during a proclamation of emergency-
(b) Article 250
III- Power of Parliament to legislate for giving effect to treaties and international agreements-www-netugc-com
(c) Article 252
IV- Power of Parliament to legislate on State subjects with the consent of the States-
(d) Article 253
Codes:
I II III IV
(A) (a) (b) (c) (d)
(B) (b) (a) (d) (c)
(C) (d) (c) (b) (a)
(D) (a) (b) (d) (c)
Answer: (D)

6- Which of the following Articles providing for fundamental rights cannot be suspended during the Proclamation of Emergency?
(A) Articles 14 and 15
(B) Articles 19 and 20
(C) Articles 20 and 21
(D) Articles 21 and 22
Answer: (C)
7- Assertion (A): Under Article 368, the Parliament can amend any provision of the Constitution except the basic structure of the Constitution-
Reason (R): The Supreme Court has restricted the absolute power of Parliament to amend any provision of the Constitution-
Codes:
(A) Both (A) and (R) are true and (R) is the correct explanation of (A)-
(B) Both (A) and (R) are 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-
Answer: (A)
8- Clause (k) to Article 51-A was added by
(A) The Constitution (73rd Amendment) Act-
(B) The Constitution (85th Amendment) Act-
(C) The Constitution (86th Amendment) Act-
(D) The Constitution (93rd Amendment) Act-
Answer: (C)
9- Doctrine of Separation of Powers was systematically formulated by
(A) Plato
(B) Montesquieu
(C) Dicey
(D) Aristotle
Answer: (B)
10- ‘Rule of Law’ means
(i) Supremacy of Judiciary
(ii) Supremacy of Law
(iii) Equality before Law
(iv) Supremacy of Parliament
Codes:
(A) (i) and (iii)
(B) (iii) and (iv)
(C) (ii) and (iv)
(D) (ii) and (iii)
Answer: (D)
11- Match List-I with List-II and select the correct answer using the codes given below:
List – I List – II
(a) Abuse of discretion 1- Rule of Law
(b) Equality before law 2- Lack of Power
(c) Delegated legislation 3- Check and Balance
(d) Separation of powers 4- Ultra-vires
Codes:
(a) (b) (c) (d)
(A) 2 1 4 3
(B) 1 2 4 3
(C) 3 3 2 1
(D) 4 4 1 2
Answer: (A)
12- Writ of Mandamus may be issued to
(A) Compel the judicial or quasi-judicial authorities only to act-
(B) Compel the authority to act-
(C) Compel the authority, how to act-
(D) Compel a private person-
Answer: (B)

13- Doctrine of Locus Standi means
(A) Writ can be filed by any person-
(B) Power of courts for judicial review-
(C) Right of petitioner to file the writ petition-
(D) Discretion of administrative authority-
Answer: (C)
14- Which one of the following statement is true?
(A) Delegated legislation cannot have retrospective effect-
(B) Delegated legislation can have retrospective effect, if authorized by Act or Statute-
(C) Delegated legislation can have retrospective effect, if not authorized by Act or Statute but have reasonable and rational justification-
(D) None of the above-
Answer: (B)
15- “Constitutional law is concerned with the organization and functions of government at rest, while administrative law, is concerned with that organization and those functions in motion-” This statement was given by
(A) Austin
(B) Salmond
(C) M-P- Jain
(D) None of the above
Answer: (D)

16- Writ of Quo Warranto can be issued
(A) against any person-
(B) against public officer, who wish to assume the office-
(C) against public officer, who is holding public office-
(D) against public officer, who has ceased to hold the office-
Answer: (C)
17- Who defined “jurisprudence as the formal science of positive law”?
(A) Holland
(B) Ulpanian
(C) Bentham
(D) Blackstone
Answer: (A)
18- “A legal right is an interest recognized and protected by a rule of legal justice- An interest in the violation of which would be a legal wrong, done to him whose interest it is and respect of which is a legal duly”- It was stated by
(A) Salmond
(B) Starke
(C) Both (A) and (B)
(D) None of them
Answer: (A)
19- “Corporate personality is a mere procedural form which is used to work out a convenient way for immediate purpose”- It was stated by
(A) Holland
(B) Austin
(C) Starke
(D) Honfield
Answer: (D)
20- Which of the following statement is not true?
(A) Possession is a nine point of law-
(B) Possession is an evidence of ownership-
(C) Possession is protected till someone else provided a better title in himself-
(D) Possession once lost cannot be regained-
Answer: (D)
21- Which of the following duties have been included by Austin in the category of “Absolute duties”?
I- Duties owed to indeterminate persons-
II- Self regarding duties-
III- Duties owed to the sovereign-
IV- Duties owed to the parents-
Select the correct answer by using the codes below:
Codes:
(A) I, III and IV
(B) II, III and IV
(C) I, II, and IV
(D) I, II and III
Answer: (D)
22- The physical element of possession is also called as
(A) Ratio decidendi
(B) Corpus decidendi
(C) Corpus possessionis
(D) Animus possidendi
Answer: (C)
23- Assertion (A): Ownership subject to condition subsequent is vested ownership-
Reason (R): Possession and ownership do not differ in their mode of acquisition-
Codes:
(A) Both (A) and (R) are true and (R) is the correct explanation of (A)-
(B) Both (A) and (R) are true, but (R) is not correct explanation of (A)-
(C) (A) is true, but (R) is false-
(D) (A) is false, but (R) is true-
Answer: (C)
24- The interest theory of legal right is propounded by
(A) Durkein
(B) Dicey
(C) Paton
(D) Ihering
Answer: (D)
25- The application of doctrine of vicarious liability in crimes seems to have been actuated by a necessity rather than desirability- The justification is based on
(A) Public policy
(B) Failure to supervise
(C) Treated as unauthorised
(D) Strict liability
Answer: (A)
26- In which of the offences the actual commission of offence is not punished but it’s attempt is punished?
(A) When the execution of murder falls short-
(B) Causing miscarriage-
(C) Suicide-
(D) Exposure with intention to abandon the child-
Answer: (C)
27- An offender claiming exemption of criminal liability under Section 84 of Indian Penal Code must be incapable of knowing
(A) the nature of the act
(B) the act was contrary to law
(C) the act was wrong
(D) All of the above
Answer: (D)
28- There is no right of private defence against an act done, by any person under the direction of a public servant but is subjected to fulfilment of certain condition like
(A) the act must be done in good faith-
(B) the direction was not strictly justifiable by law-
(C) The directed act has not been generated reasonable apprehension of death-
(D) All of the above-
Answer: (D)
29- The Indian Penal Code makes a broad distinction between principal wrong doer and an abettor and does not recognize the accessory except in case of harboring when
(A) Instigating a person to commit an offence-
(B) Engaging in a conspiracy to commit an offence-
(C) Intentionally aiding a person to commit an offence-
(D) None of the above-
Answer: (D)
30- In order to attract application of Sec-304-B of Indian Penal Code it is essential that the death has occurred within ______-
(A) Seven years but as engagement is part of marriage the period of limitation should be counted from that date-
(B) Actual death should have occurred within seven years of her marriage-
(C) Actual cruelty should have been for demand of dowry whether or not death resulted after seven years of marriage-
(D) Depends upon possibility to ruling out an accidental death within the period of seven years-
Answer: (B)
31- Administration of unwholesome drug is strictly punishable under law even though it may not cause hurt- Under what provision of law punishment can be inflicted?
(A) Section 324
(B) Section 328
(C) Section 326
(D) All of the above
Answer: (B)
32- A police officer arrested a person without warrant who was drunk and creating disturbance in a public street- The action of police amounts to ______-
(A) Detention
(B) Wrongful confinement
(C) Wrongful restrain
(D) None of them
Answer: (B)
33- The Air (Prevention and Control of Pollution) Act, 1981 shall have precedence over other laws and therefore, the provisions of the Act shall have effect despite the inconsistency with the provisions of any other enactment- However it is subject to
(A) The Mines Act, 1952
(B) Atomic Energy Act, 1962
(C) The Factories Act, 1948
(D) None of the above
Answer: (B)
34- Which of the following is popularly known as “Forest Conservation Case”?
(A) Environment Awareness Forum Vs- State of J & K, 1999 1 SCC 210
(B) T-N- Godavarman Thirumulk Pad Vs- Union of India, 1997 2 SCC 267
(C) M-C- Metha Vs- Union of India, 1992 1 SCC 358
(D) Tata Engineering & Locomotive Co- Ltd Vs State of Bihar, 2000 5 SCC 346
Answer: (B)
35- Taj Trapezium case is between
(A) Indian Council for Enviro- Legal Action Vs- Union of India, 1996 3 SCC 212
(B) Ramji Patel Vs Nagarik Upbhokta Marg Darshak Manch, 2000 3 SCC 29
(C) Vineet Kumar Mathur Vs- Union of India, 1996 7 SCC 714
(D) M-C- Metha Vs- Union of India, 1997 2 SCC 353
Answer: (D)

36- The increased noise level can cause loss of hearing and irreversible changes in nervous system- Mention the Safe Noise Level fixed by the World Health Organisation-
(A) 80 decibels
(B) 90 decibels
(C) 60 decibels
(D) 45 decibels
Answer: (D)
37- The United Nations proclaimed which of the following day as the “International Drinking Water Supply and Sanitation Decade”?
(A) 10th Nov- 1980
(B) 12th Sept- 1980
(C) 10th Nov- 1990
(D) 12th Sept- 1990
Answer: (A)
38- The Central or State Board under the Water (Prevention and Control of Pollution) Act, 1974 is required to meet at least
(A) every one month
(B) every two months
(C) every three months
(D) every six months
Answer: (C)
39- The “precautionary principle” and the “polluter pays principle” are part of the Environmental Law of our country-
(A) True
(B) False
(C) Partly true and partly false
(D) None
Answer: (A)
40- “International Law is defined as Law of Nations or International Law is the name for the body of customary and conventional rules which are considered legally binding by civilized States in their relation with each other-”
Above statement is attributed to
(A) Charles G-Fenwick
(B) J-G- Starke
(C) J-L- Brierly
(D) L- Oppenheim
Answer: (D)
41- Assertion (A): Custom is a rule of conduct, obligatory on part of those who are within its sphere, established by long usage and practice-
Reason (R): Rule of conduct are obligatory in any established sphere-
Codes:
(A) Both (A) and (R) are true and (R) is the correct explanation of (A)-
(B) Both (A) and (R) are 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-
Answer: (B)
42- Which of the following statements is true?
(A) Pacta tertius nec nocent nec prosunt, means the UN Charter cannot bind non members-
(B) The General Assembly has the essential element of binding decision-
(C) The Security Council is an advisory body only-
(D) The Security Council may never take action involving use of armed forces-
Answer: (A)
43- In which case the following principle was laid down?
“The absence of one party’s consent to jurisdiction when proceedings were instituted was cured by subsequent consent to jurisdiction given outside, and without specific reference to the proceedings before the court-”
(A) Mavrommatis Palestine Concessions case (Jurisdiction), PCIJ Series A, No- 2, P- 34-
(B) Corfu Channel case (Preliminary objections), ICJ Rep- 1952, PP- 102 – 03-
(C) Electricity Co- of Sofia case, Series A/B- No- 77, P- 77-
(D) Right of Passage Over Indian Territory case (Preliminary objections), ICJ Rep-, 1957, P- 125-
Answer: (A)
44- Match List-I with List-II and give correct answer using the codes given below:
List – I List – II
(i) Positive International Morality (a) Treatycontract
(ii) Source of International Law (b) Stepping into shoes of another
(iii) Agreement of States (c) Judicial pronouncements
(iv) Subrogation (d) John Austin
Codes:
(i) (ii) (iii) (iv)
(A) (d) (b) (c) (a)
(B) (d) (c) (b) (a)
(C) (c) (d) (a) (b)
(D) (d) (c) (a) (b)
Answer: (D)
45- Which of the following statement is true?
(A) A recommendation of General Assembly may be without true legal effect, it may have effects of a moral and political character-
(B) A decision of General Assembly may be with true legal effect, it may not be without effects of a moral and political character-
(C) A decision of General Assembly is immoral and unethical, if it is without true legal effect-
(D) None of the above-
Answer: (A)
46- Legal effects of recognition are
(i) Recognised State can sue in municipal courts of recognizing State-
(ii) Recognised State can claim possession of property situated within jurisdiction of the recognizing State which formerly belonged to preceding government-
(iii) The recognized State becomes entitled to claim sovereign immunity from being impleaded in the municipal courts of the recognizing State-
(iv) The recognized State acquires the capacity to enter into diplomatic relations with other States and to conclude treaties with them-
Codes:
(A) (i) only
(B) (i) and (ii) only
(C) (i), (ii) and (iii) only
(D) (i), (ii), (iii) and (iv)
Answer: (D)
47- Which one of the following is not condition with regard to the persons who may be adopted, under Hindu Adoptions and Maintenance Act, 1956?
(A) He or she must be a Hindu-
(B) He or she must has not already been adopted-
(C) He or she must consent to adoption-
(D) He or she must has not completed the age of fifteen years, unless there is custom-
Answer: (C)
48- The right to contract a minor in marriage under Muslim Law, belongs, successively to
I- Father
II- Mother
III- Paternal grand father
IV- Brother
Codes:
(A) I, II, III, IV
(B) I, III, IV, II
(C) III, IV, I, II
(D) II, III, IV, I
Answer: (B)
49- Under Section 19 of the Hindu Marriage Act, 1955, a petition in a Matrimonial case has to be filed at the place
(A) where the respondent, at the time of the presentation of the petition, resides-
(B) where the parties to the marriage last resided together-
(C) in case the wife is the petitioner, where she is residing on the date of presentation of the petition-
(D) All the above-
Answer: (D)
50- In which of the following case the question of constitutional validity of Section 9 of the Hindu Marriage Act, 1955, came for consideration for the first time?
(A) Saroja Rani V- Sundarshan Kumar
(B) Bipin Chandra V- Prabhavati
(C) Savitry Pandey V- Premchandra Pandey
(D) Lachman V- Meena
Answer: (A)

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