Law Questions and Answers - Set 4

1 In which of the following cases free and fair election is recognized as basic structure of Indian Constitution ?

1 Indira Gandhi V.Raj Narayan

2 Minerva Mills V.Union of India

3 Both (A) and (B) above

4 None of the above

Answer: Indira Gandhi V.Raj Narayan

2 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 :

1 Both (A) and (R) are true and (R) is the correct explanation of

2 Both (A) and (R) are true, but (R) is not the correct explanation of (A)

3 (A) is true, but (R) is false

4 (A) is false, but (R) is true

View Answer

Answer: Both (A) and (R) are true and (R) is the correct explanation of

3 Clause (k) to Article 51-A was added by

1 The Constitution (73rd Amendment) Act

2 The Constitution (85th Amendment) Act

3 The Constitution (86th Amendment) Act

4 The Constitution (93rd Amendment) Act

View Answer

Answer: The Constitution (86th Amendment) Act

4 Doctrine of Separation of Powers was systematically formulated by

1 Plato

2 Montesquieu

3 Dicey

4 Aristotle

View Answer

Answer: Montesquieu

5 ‘Rule of Law’ means

Supremacy of Judiciary
Supremacy of Law
Equality before Law
Supremacy of Parliament

Codes :

1 (i) and (iii)

2 (iii) and (iv)

3 (ii) and (iv)

4 (ii) and (iii)

View Answer

Answer: (ii) and (iii)

6 Which one of the following statement is true ?

1 Delegated legislation cannot have retrospective effect

2 Delegated legislation can have retrospective effect, if authorized by Act or Statute

3 Delegated legislation can have retrospective effect, if not authorized by Act or Statute but have reasonable and rational justification

4 None of the above

View Answer

Answer: Delegated legislation can have retrospective effect, if authorized by Act or Statute

7 “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

1 Austin

2 Salmond

3 M.P. Jain

4 None of the above

View Answer

Answer: None of the above

8 Writ of Quo Warranto can be issued

1 against any person

2 against public officer, who wish to assume the office

3 against public officer, who is holding public office

4 against public officer, who has ceased to hold the office

View Answer

Answer: against public officer, who is holding public office

9 Who defined “jurisprudence as the formal science of positive law” ?

1 Holland

2 Ulpanian

3 Bentham

4 Blackstone

View Answer

Answer: Holland

10 The physical element of possession is also called as

1 Ratio decidendi

2 Corpus decidendi

3 Corpus possessionis

4 Animus possidendi

View Answer

Answer: Corpus possessionis

11 Assertion (A) : Ownership subject to condition subsequent is vested ownership. Reason (R) : Possession and ownership do not differ in their mode of acquisition. Codes :

1 Both (A) and (R) are true and (R) is the correct explanation of (A)

2 Both (A) and (R) are true, but (R) is not correct explanation of (A)

3 (A) is true, but (R) is false

4 (A) is false, but (R) is true

View Answer

Answer: (A) is true, but (R) is false

12 The interest theory of legal right is propounded by

1 Durkein

2 Dicey

3 Paton

4 Ihering

View Answer

Answer: Ihering

13 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

1 Public policy

2 Failure to supervise

3 Treated as unauthorised

4 Strict liability

View Answer

Answer: Public policy

14 In order to attract application of Sec.304-B of Indian Penal Code it is essential that the death has occurred within ______.

1 Seven years but as engagement is part of marriage the period of limitation should be counted from that date

2 Actual death should have occurred within seven years of her marriage

3 Actual cruelty should have been for demand of dowry whether or not death resulted after seven years of marriage

4 Depends upon possibility to ruling out an accidental death within the period of seven years

View Answer

Answer: Actual death should have occurred within seven years of her marriage

15 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 ?

1 Section 324

2 Section 328

3 Section 326

4 All of the above

View Answer