CONSTITUTIONAL LAWS FOR CLAT LAW ENTRANCE EXAM

The Constitution of a country is a very important document. No Government can be run without a clear set of laws. This set of laws is commonly known as Constitution.
Our Constitution was framed by an elected body called “The Constituent Assembly”. This assembly started its work on 9 December 1946 in the Central Hall of our Parliament House in New Delhi. Dr.Rajendra Prasad, who was elected the first President of India in 1952, was the Chairman of the Constituent Assembly.
Among other important members of the assembly were Jawaharlal Nehru, Sardar Vallabhbhai Patel, Maulana Abul Kalam Azad, Dr.Shyama Prasad Mukherji, Dr.B.R.Ambedkar, Dr.K.M.Munshi, Dr.S.Radha Krishnan, Alladi Krishnaswami, Mrs. Sarojini Naidu and Mrs. Vijayalakshmi Pandit. Dr.B.R. Ambedkar was the Chairman of the Drafting Committee which prepared the draft of the Constitution.

The Drafting Committee studied the Constitution of many Countries such as U.K., U.S.A., Ireland, U.S.S.R., France and Switzerland. The draft was discussed and debated in detail by the Assembly. The Constitution was finally signed by the members on 26 November, 1949. The Constitution came into force on 26th January 1950. On this day India became a “Sovereign Democratic Republic”.

CONSTITUENT ASSEMBLY

The election to the Constituent Assembly based on the Cabinet Mission’s Plan took place in July 1946. The sets in each Province were distributed among the three main communities, Muslims, Sikh andGeneral, in proportion to their respective populations. The election was indirect in that members of each community in the ProvincialAssemblies elected their own representatives
by the method of proportional representation with single transferable vote. The Constituent Assembly first met on 9th December 1946, without the members of the Muslim League. Dr.Rajendra Prasad was elected President and various committees were appointed to draft the different parts of the Constitution. As a result of the Partition and the Indian Independence Act of 1947, which provided for separate Constituent Assemblies for India Pakistan, separate Constituent Assembly was set up for Pakistan. The Constituent Assembly of India reassembled on 14 August 1947, as the Sovereign Constituent Assembly for the Dominion of India. The membership of the Assembly was reduced to 299 when it met again on 31 October 1947 with some members ceasing to be so after their Provinces opted to join Pakistan.

ACCEPTANCE

The Constituent Assembly appointed a Drafting Committee on 29 August 1947 under the Chairmanship of Dr.B.R.Ambedkar. The members included N.Gopalaswamy Ayyangar, Alladi Krishnaswamy Ayyar, K.M.Munshi Mohammad Sadullah, B.L.Mitter and Dr.D.P.Khaitan. The last two were replaced by N.Madhava Rao and T.T.Krishnamachari respectively. A draft Constitution of India was published in February 1948. The Assembly met in November 1948 to consider the draft clause by clause. The second reading was completed by 17 October 1949. On 14 November the Assembly sat for the third reading and finished it on 26 November 1949. On that date the constitution received the signature of the President of the Assembly, Dr.Rajendra Prasad, and was declared as passed. The Provisions relatingto citizenship, elections, provisional
Parliament, etc. came into effect immediately. i.e. from 26 November 1949.
The rest of the Constitution came into force on 26 January 1950 the date which is referred to in the Constitution as the date of its commencement. The date was specifically chosen for the inaguration of the Indian Republic as it was on 26 January 1930 that the historic call for “Purna Swaraj” as a goal was passed at the Lahore Session of the Congress. The final session of the Constituent Assembly was held on 24 January 1950 when it unanimously elected Dr.Rajendra

Prasad as the First President of the Republic of India under the new Constitution.

SOVEREIGN DEMOCRATIC REPUBLIC

India is a Sovereign Democratic Republic. It is Sovereign because it is supreme and free in all matters governing the country. No outside nation can interfere with its affairs. It is Democratic because the people govern the country through their elected representatives. It is a Republic because the Head of the State, The President of India, is elected for a limited period of five years. He may seek re-election on the expire of his term.

A Secular State: The Preamble of the Constitution was modified in 1976. India is now a Sovereign Socialist Secular Democratic Republic. It is secular because the state does not favour or propagate or finance any particular religion. It does not discriminate among people of different religions or faiths.

A Socialist State : Our Constitution stands for a society based on economic and social equality. Ours is a Socialist Republic. It exists for the welfare of the masses.

Written Constitution : Ours is a written Constitution.

It is the lengthiest in the World. It originally contained 395 Articles.

Single Citizenship : Our Constitution provides for single citizenship for all Indians. A citizen of our country can freely move to any part of the country for the sake of employment. He can purchase property or start a business in almost all parts of the country.

Union of State : Our motherland, India or “BHARAT” is a Union of States. There are 28 states and 9 Union Territories in the Union.

Universal Adult Franchise : The Constitution gives “the right to vote” to all the people of India who are not less than21 years (now reduced to 18 years) of age, whether they are educated or uneducated, rich or poor, men or women. This is known as Universal Adult Franchise.

Fundamental Rights and Duties : An important feature of our Constitution is that it guarantees some basic rights to the people and also prescribes some basic duties. These rights are essential rights and provide help and safeguards to the citizens in many ways. Ten fundamental duties of citizen were included in the Constitution in 1976. It is the duty of a citizen to pay taxes, to vote wisely and to serve the country in peace and war. Rights and duties help society to achieve its

goals.

Directive Principles : Our Constitution states in clear terms that the Governments should make all efforts to remove poverty, ignorance, economic disparities and social inequalities in the country. These directions have been mentioned in what we call Directive Principles of State Policy.

Parliamentary Form of Government : Our Constitution provides a precise outline of the framework of the Government. All policies and programmes of the Government must be approved by a majority of the elected representative in the legislature. No tax can be imposed nor any amount of money be spent without the sanction of the parliament or the State Legislature.

Independent Judiciary: The Constitution provides for a uniform pattern of judiciary. The Supreme Court is the highest court in India. The judiciary in India is independent of the executive control.

An Instrument of Social Change: To sum up, our Constitution aims at fulfilling the hopes and aspirations of the people. It resolves to secure to all its citizens Justice, Liberty, Equality and Fraternity. It aims at establishing a democratic secular, Socialist Society in a peaceful manner and is an instrument of social change.

Union list, State list and Concurrent list: The Union Goverment and the state Governments have exclusive powers to make laws on the subjects.

Union list: The main subjects are defence, external affairs, railways, shipping, airways, post and telegraph, currency and coinage, banking,insurance, RBI etc.

State list: Agriculture, health, irrigation, electricity, law and order in the state, entertainment etc.

Concurrent List: Both the Union Parliament and the State Legislature have power to legislate. Some important subjects under the list are:criminal law, criminal procedure, marriage, divorce, labour welfare, factories, newspaper books, priniting, social welfare, education price control etc.

PRESIDENT OF INDIA

President of India is the executive head of the Union of India.Citizens of India take no direct part in election of their President. Instead he is elected by members of the Parliament and the State legislatures, i.e., by representatives of the people. The legislators elect the President by secret ballot. The name of a candidate for the office of the President of India may be proposed by any one member of the electoral college. The electoral college shall consist of (a) the elected members of both Houses of Parliament, and (b) elected members of the Legislative Assembly of the States. (Elected members of the Legislative Council, however, do not constitute the electoral college for election of the President of India. The Chief Minister of a State of India is NOT eligible to vote in the Presidential election if he is a member of Upper House of the State Legislature). The President can be removed from office if he goes against the Constitution. When he does that, not less than one-fourth of the total membership of both the Houses of Parliament should give 14 days’ notice that they propose bringing a motion of “impeachment” against the President. The motion can be introduced in either House i.e., in the Lok Sabha or in the Rajya Sabha. If a two-thirds majority of the total membership of the Parliament votes that the charges against the President stand proved, the latter is removed forthwith.

Powers of the President with respect to Parliament:

The President can summon, prorogue, address and send messages to the two Houses of Parliament. He gives assent to bills passed by the Parliament. He can issue ordinances when Parliament is not in session. He has the power to declare war or make peace. He can declare a state of emergency arising due to war, external aggression, internal disturbances, failure of constitutional machinery in any State or threat to the financial stability or credit of India.

Indian Parliament can invade the State List if

(1) a subject in the State List assumes national importance, and

(2) a proclamation of emergency has been issued by the President of India.

Oath of office : The oath of office by the President of India is conducted by the Chief Justice of India. The President is not a member of Parliament (or any State Legislature). The President holds an office of profit in the Government of India, thus he cannot be a member of Parliament.

Qualifications to become President:

A Candidate for the office of the President should have the following qualifications:

• He should be an Indian citizen.
• He should not be less than 35 years of age.
• He should have qualifications for elections as a member of the House of the people.
• He should not be holding any office of profit under any government for local body.
• He should not be a Member of Parliament or any State Legislature. A government servant or a servant of a local authority is, however, ineligible for election as President.

ELECTION OF THE PRESIDENT

The election of the President is made by secret ballot in accordance with the system of proportional representation by a single transferable vote i.e., by indirect direction. The President is thus elected by an electroral college consisting of elected members of Parliament and of the Legislative Assemblies of the States i.e., by representatives of the people. The citizens have no direct part in this election.

A candidate for the office of the President should not be a member of Parliament or any State Legislature. In the case of a conflict between the Centre and a State in respect of a subject included in the Concurrent List in the Constitution, the matter is to be resolved by the Supreme Court of India. The President of India can preside in the proceedings of either House of Parliament without having a right to vote. The disputes regarding election of the President are referred to the Supreme Court of India.

Amendment of election procedure of the President:

For this purpose, a Bill is required to be passed in Parliament by the required majority and to be ratified by the legislatures of atleast half of the States.

Tenure: Elected for five years but is eligible for immediate re-election and can serve any number of terms.

POWERS of PRESIDENT OF INDIA

1. Executive and Administrative Powers : He appoints the senior officials of the state including the Prime Minister. All Union Territories are under the President of India.
2. Legislative Powers : (a) Appoints 12 members to the Rajya Sabha and two Anglo-Indian members to the Lok Sabha; (b) Dissolves the House of People; (c) Assents or withholds his assent to any Bill passed by the Parliament; (d) Issues ordinances.
3. Financial Powers : (a) Causes the budget to be laid before the Parliament; (b) Sanctions introduction of money bills; (c) Apportions revenue between the Centre and the States.
4. Judicial Powers : Empowered to grant pardons, reprieve, remit the sentences, or suspend, remit or commute punishments.
5. Emergency Powers : Article 352 empowers the President to proclaim an emergency and take under his direct charge the administration of any State. The President cannot be questioned by any court for the action taken by him in the discharge of his duties. No criminal proceedings can be launched against him. He may be removed from office for violation of the Constitution by impeachment (Article 61).

THE PRIME MINISTER

The Prime Minister of India heads the council of ministers. He is the leader of the party that enjoys a majority in the Lok Sabha. He is appointed by the President.

Tenure: Five years, and holds the office with the consent of the President till a new Lok Sabha is formed.
Resignation : If the government is defeated in the Lok Sabha (not in Rajya Sabha), the cabinet as well as the Prime Minister have to resign.

UNION COUNCIL OF MINISTERS

The President appoints such person as Prime Minister whose leadership in the House (Lok Sabha) is explicitly recognised. The other Ministers are appointed by the President on the advice of the Prime Minister and thus the Union Council of Ministers is formed to aid and advise the President in the exercise of his functions. The Prime Minister is a link between the President and the Cabinet. The term ordinarily is for 5 years.

ELIGIBILITY FOR PRIME MINISTER

A Prime Minister must be:

(i). a citizen of India.

(ii). should be a member of the Lok Sabha or Rajya Sabha. If a person elected prime minister is neither a member of the Lok Sabha nor Rajya Sabha, then he must become a member of the Lok Sabha or Rajya Sabha within six months.

(iii). above 25 years of age (seat in the Lok Sabha) or above 30 yearsof age (seat in the Rajya Sabha).

A person shall not be eligible for election as Prime Minister if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.

Salery of Prime Minister of India: Rs. 1,35,000 (on 31st October2010)

PARLIAMENT

Parliament or the Central Legislature consists of the President and the two Houses:

(i) The Rajya Sabha (Council of State) and (ii) the Lok Sabha (House of the People). The
President is an integral part of Parliament and all bills passed by Parliament must have his assent
before they become law. Parliament is to meet at least twice a year and at an interval of not more than six months between one session and another. The maximum strength of the two Houses is fixed at 545 for the Lok Sabha (not more than 525 from the States and 20 from the Union Territories) and 250 (12 nominated) for the Rajya Sabha.

Qualifications to become a member of Parliament:

1. A person should be a citizen of India.
2. He should not be less than 30 years of age in order to fill a seat in Rajya Sabha and not less than 25 years of age to fill a seat in the Lok Sabha.
3. He should possess such other qualifications as may be prescribed under any law made by Parliament. He is also required to make and subscribe an oath or affirmation to bear the true faith and allegiance to the Constitution of India.

A person is disqualified both for being chosen as, and for being, a member of Parliament if he:

(i) holds an office of profit under any Government in India, other than an office declared by Parliament by law not to disqualify its holder,

(ii) is of unsound mind,

(iii) is an undischarged insolvent,

(iv) has voluntarily acquired the citizenship of a foreign State or

(v) is disqualified by or under any law made by Parliament.

Powers and Functions of Parliament : Parliament has vast legislative powers :

1. It can make laws on the subjects contained in the Union and Concurrent Lists.
2. In certain cases, Parliament can also make laws on the subjects mentioned in the State List.
3. It has vast financial powers. It passes the budget and authorises all the income and expenditure.
4. It exercises control over the executive.
5. The Lok Sabha or the House of the People has also a share in the election of the President and the Vice-President.

RAJYA SABHA AND LOK SABHA

Rajya Sabha (Council of State):

The elected members are representatives of the States and the nominated members are eminent men in art, literature, science and social servicesetc. The Rajya Sabha is a permanent body, i.e., it is not subject to dissolution. One third of its members retire after every two years. The elections to the Rajya Sabha are indirect. The alloted quota of every State is elected by the elected members of the Legislative Assembly of that State. The election is
conducted in accordance with the system of proportional representation by a single transferable vote. The Vice-President is the ex-officio Chairman of the Rajya Sabha.

Lok Sabha (House of the People):

The number of seats to each State is allotted in such a way that the ratio between the number and the population of the State is, as far as practicable, the same for all States. Each member represents not less than 500,000 citizens. The term ordinarily does not exceed 5 years.

Anglo-Indians:

The President may, if he is of the opinion that the Anglo-Indian community is not adequately represented in the Lok Sabha, nominate not more than two members of that community to the House of People (Lok Sabha). The Lok Sabha Secretariat comes under the direct supervision of the Speaker of the Lok Sabha. The Secretary General of the Lok Sabha, who is chief of the Secretariat, is appointed by the President of India as per Article 98 of the Constitution. Except in the case of Money Bills, the Constitution provides equality of status of the two Houses. The Speaker is elected by members of the Lok Sabha for a period of 5 years. The term of the Lok Sabha can be extended for one year at a time. The Lok Sabha can be dissolved before the expiry of its normal term of five years by the President.

Speaker
The House of the People elects a Speaker and a Deputy Speaker from among its members. The principal function of the Speaker is to preside over the meetings of the House in addition to other duties in connection with the internal affairs of the House of the People.

Money Bill:
A Money Bill is not introduced in the Rajya Sabha which has no power over Money Bills. It can
originate only in the Lok Sabha. In financial matters, the Lok Sabha is more powerful than the Rajya Sabha. After a Money Bill has been passed by the Lok Sabha,
it is to be sent to the Rajya Sabha for its recommendations. The Rajya Sabha cannot reject or amend a Money Bill by virtue of its own powers. If the Rajya Sabha does not return the Bill within fourteen days, it shall be deemed to have been passed by both Houses.

Elections:
Election held to elect members of Parliament and State Legislative Assemblies as also to the office of the President and Vice-President is termed as “General Election”. General Elections are normally held every five years in India. But mid-term elections can be held if the circumstances so demand. General Elections are controlled by the Election Commission consisting of one Chief Election Commissioner and a number of Election Commissioners appointed by the President.

he Election Commission conducts the election of the President and Vice-President of India as well.

Main Duties of the Election Commission: The main duties of the Election Commission are:

1. to superintend, direct, control and conduct all elections to Parliament and State Legislatures as also to the office of the President and Vice- President of India;
2. to lay down general rules for election;
3. to determine constituencies and to prepare electoral rolls;
4. to give recognition to the political parties;
5. to allot election symbols to different political parties and individual contestants, and
6. to appoint tribunals for the decision of doubts and disputes arising out of or in connection with election to Parliament and State Legislatures.

Powers of the Election Commission are given in Article 324.

Minimum age prescribed for election is :

(i)         President of India – 35 years
(ii)        Member of Lok Sabha – 25 years
(iii)       Member of Rajya Sabha – 30 years.

Mid-term election: is an election held out of schedule as a result of the dissolution of Parliament or a State legislature before it has been in existence for its normal term of five years.

By-election : is held in respect of a seat rendered vacant during the running term of an elected person, which might occur on resignation, death or due to any other subsequent disqualification of the already elected Member. Every person who is a citizen of India and who is not less than 18 years of age and who is not otherwise disqualified, is entitled to vote at the elections of the House of the People (and also of the Legislative Assembly of the States). A member of either House of Parliament will be disqualified from being a member if he has voluntarily given up membership of the party on whose ticket he was elected. Democracy in India rests on the fact that people have the right to choose and change the government.

INDIAN JUDICIARY

The Supreme Court of India:

The highest court of Justice in the country is the Supreme Court. It now consists of the Chief Justice and 25 other Judges.
The Chief Justice is appointed by the President of India in consultation with the Judges of the Supreme Court.

The President appoints the other Judges of the Supreme Court in consultation with the Chief Justice.

Qualifications of the Judges:

In order to be a judge of the Supreme Court, a person must be;

(a) a citizen of India
(b) a judge of a High Court of not less than five years’ standing or an advocate of ten years’ standing in a High Court or an eminent jurist.Term: The Judge of the Supreme Court holds office till the age of 65 years. He can be removed only on the ground of proven misbehaviour. Both the Houses of Parliament will pass a motion to that effect by a two third majority of the members present and voting. But this cannot be less than a majority of the total membership of the House. After this, the President issues an order for the removal of the judge.
Salary and Allowances: The Chief Justice draws a salary of Rs.33,000/- per month. The salary of other Judges is Rs.30,000/- per month. Every Judge is given a rent free official residence. The pay and allownces of judges are charged on the Consolidated Fund of India. A retired Judge of the Supreme Court is debarred from practising in anyCourt of law or before any other authority in India.
Location: The Supreme Court of India is located in New Delhi.

INDEPENDENCE OF SUPREME COURT JUDGES

The independence of the Judges of the Supreme Court is ensured by the following:

1. The salaries of the Judges have been fixed under the Second Schedule and these shall not be varied to their disadvantages after their appointment.
2. The administrative expenses of the Supreme Court, including pay and allowances of the Judges and their staff, are charged on the Consolidated Fund of India. These expenses are not subject to Parliamentary Vote.
3. The President has to consult, among others, the Chief Justice or the Judges of the Supreme Court while appointing the Judges or the chief Justice of India, as the case may be. This ensures appointment of Judges with independent bent of mind.
4. A Supreme Court Judge cannot be removed by the President except on a joint address by both Houses of Parliament on ground of proved misbehavior or incapacity of Judge in question.
5. Discussion of the conduct of a Judge of the Supreme Court (or a High Court) in Parliament is forbidden except in a case when a motion has already been introduced to remove the Judge.
6. After retirement, a Supreme Court Judge shall not plead or act in any Court or before any authority in the country.

There are analogous provision in the case of High Court Judges.

JURISDICTION

The Supreme Court has three kinds of jurisdiction, namely

(i) Original; (ii) Appellate, and (iii) Advisory.

Original Jurisdiction:

(i). The Supreme Court is empowered to decide all disputes between the Union and one or more States.

(ii). Under Article 32 of the Constitution, the Supreme Court can enforce fundamental rights guaranteed under Part III of the Constitution.

(iii). It is empowered to issue directions or orders of writs including those in the nature of writs of habeas corpus, mandamus, prohibition, quowarrant and certiorari, whichever may be appropriate, to enforce the fundamental rights.

Appellate Jurisdiction:

(i). The Supreme Court hears appeals from any judgement passed by a High Court and which involves a substantial question of law as to the interpretation of the Constitution.

(ii). The appeals for civil and criminal cases arising from the judgements of High Courts lie with the Supreme Court. However in case of a civil suit appeal, the case must involve a substantial question of law of general importance.

(iv). It has jurisdiction over all courts and tribunals in India and can grant special leave to appeal against any judgement made by these courts and tribunals.

Advisory Jurisdiction:

The President can seek the opinion of Supreme Court on important questions of law and fact. The Supreme Court shall have the power to make rules for its working, subject to the laws made by the parliament in this regard. The minimum number of Judges to decide an issue involving the interpretation of the constitution or any Presidential reference is five.

Doctrine of Judicial Review:

Judicial Review, as emphasised in the Indian Constitution, reprensents the competence of the Supreme Court to act as the guardian and protector of fundamental rights as also the institutions which are set up under the Constitution. The Judiciary, in other words, has been assigned the role of preventing the executive and the legislature from violating the rights and freedoms guaranteed to the citizen. It has the power to nullify an executive order or an Act passed by the Parliament or by a State legislature, by declaring in ultra vires of the Constitution or an act as not authorized by law.

Attorney General of India:

The Constitution provides for the appointment by the President of a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India. The Attorney-Genral holds office during the pleasure of the President. He gives expert legal advice to the Government of India and performs such duties of legal character as are assigned to him. He has right of audience in all courts in India and can take part in the proceedings of either House of Parliament but he is not entitled to vote.

HIGH COURTS

A High Court is the highest court of justice in the state. A High Court consists of the chief Justice and some other judges. The Chief Justice of a High Court is appointed by the President in consultation with the Chief Justice of India and the Governor of the State concerned. The other Judges are appointed by the President of India in consultation with the Chief Justice of India, the Chief Justice of the High court and the Governor of the State concerned. The Judges can serve upto the age of 62 years, unless they resign or are removed by the President of India on a representation by both the Houses of Parliament in the prescribed constitutional manner. It is the same as the case of a judge of Supreme Court.

Qualifications for High Courts:

To be a judge of a High Court a person must:

1. be a citizen of India.
2. have been a judge of a civil and session court in India for at least ten years.
3. an advocate in a High court for atleast ten years.

The Chief Justice draws a salary of Rs.30,000/-per month and other judges draw a salary of Rs.26,000/- per month. They also get pension and other retirement benefits. The pay and allowances of High Court Judges are changed on the Consolidated Fund of the State.

Powers of High Courts:

The High court is mainly a Court of Appeal. It can hear appeals in both civil and criminal cases. A person can appeal to the High Court to protect his Fundamental Rights. The High Court controls and supervises the working of the lower courts. The High court is empowered to issue to any person or the Government within its jurisdiction, orders or writs, including writs which are in the nature of habeas corpus, mandamus, prohibition, quo-warrant to and certiorari. The High Courts have powers of superintendence over all subordinate courts and tribunals within their jurisdiction. The Advocate General is appointed by the Governor.

Transfer of Chief Justice:

The President after consultation with the Chief Justice of India, transfers a Chief Justice from one High Court to another High Court.

Appointment of officers and staff:

Officers and servants of the High court are to be appointed by the Chief Justice. The expenses of High court will be charged on the Consolidated Fund of the state.
Subordinate Courts:
Subject to minor local variations, the structure and functions of the subordinate courts are more or less uniform throughout the country. Each State is divided into a number of districts, each under the jurisdiction of the principal civil court provided over by a district judge. Subordinate to him is a hierarchy of different grades of civil judicial authorities. The court of the District Judge is the highest Civil Court in a district. When a Judge decides a civil cases, he is called the District Judge and when he deals with criminal cases he is called the Sessions Judge, appointed by the Governor in consultation with the Chief Justice of the state. Besides the district court there are Courts of Sub-Judges, Munisif Courts and Courts of Small Causes. For criminal cases, District Magistrate and Sub Magistrates in the districs and taluk centers respectively. In cities they are called Metropolitan Magistrates.

HIGH COURTS AND THEIR JURISDICTION

Name of High Court Territorial jurisdiction:

S. No.	High Court	State
1.	Allahabad	State of Uttar Pradesh
2.	Andhra Pradesh	State of Andhra Pradesh
3.	Bilaspur	State of Chhattisgarh
4.	Chennai	State of Tamil Nadu and Union Territory of Pondicherry
5.	Delhi	Delhi
6.	Ernakulam	State of Kerala and Union Territory of Lakshadweep
7.	Gujarat	State of Gujarat
8.	Gawahati	States of Assam, Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland and Tripura.
9.	Himachal Pradesh	State of Himachal Pradesh
10.	Jammu & Kashmir	State of Jammu and Kashmir and Ladakh
11.	Karnataka	State of Karnataka
12.	Kolkata	State of West Bengal & Union Territory of Andaman & Nicobar Islands
13.	Mumbai	States of Maharashtra & Goa and Union Territories of Daman & Diu and Dadra & Nagar Haveli
14.	Madhya Pradesh	State of Madhya Pradesh
15.	Nainital	State of Uttaranchal
16.	Orissa	State of Orissa
17.	Patna	State of Bihar
18.	Punjab & Haryana	States of Punjab and Haryana & Union Territory of Chandigarh
19.	Ranchi	State of Jharkhand
20.	Rajasthan	State of Rajasthan
21.	Sikkim	State of Sikkim

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CLAT LEGAL APTITUDE STUDY MATERIAL & MCQ WITH ANSWERS

1) 1) If a person commits an act by which death is caused to another person
and the act is done with the intention of causing death, that person is liable for
murder.
2) A person has a right of self defense to the extent of causing death to
another provided he apprehends death by the act of the latter.

Facts
Anuj went to a hardware shop owned by Akhil. Bargaining on some item led
to altercation between the two and Anuj picked up a sharp object and hit at
Akhil. When Akhil started bleeding, his wife Mridula intervened and she was
also hit by Anuj and she became unconscious. Finding himself totally
cornered, Akhil delivered a severe blow to Anuj with a sharp object. Anuj
died instantly.
Possible decisions
a) Akhil murdered Anuj.
b) Akhil killed Anuj with the intention of killing to save himself and his
wife
C) Akhil killed Anuj without any intention to do so just to save himself
And his wife.
D) Akhil was acting in self defense and that is beyond reasonable doubt.


2. A. The fundamental right to freedom of association includes the right to form an association as well as not join an association.
B. The fundamental right to freedom of association also includes the freedom to decide with whom to
associate.
C. The fundamental right to freedom of association does not extend to the right to realize the objectives of
forming the association.
D. Fundamental rights are applicable only to laws made by or administrative actions of the State and do
not apply to actions of private persons.
E. Any law in contravention of fundamental rights is unconstitutional and therefore cannot bind any
person.

Facts
Gajodhar Pharmaceuticals, a private company, offered an employment contract of two years to Syed Monirul
Alam. One of the clauses in the employment contract provided that Syed Monirul Alam must join Gajodhar
Mazdoor Singh (GMS), one of the trade unions active in Gajodhar Pharmaceuticals.




1. Decide which of the following propositions can be most reasonably inferred through the application of the stated legal rules to the facts of this case:
(a) The employment contract offered to Monirul Alam to join GMS is legal as it does not restrict his
freedom not to join any association.
(b) The condition requiring Monirul Alam to join GMS cannot bind him as it impinges on his freedom
not to join any association.
(c) Syed Monirul Alam cannot claim a fundamental right to freedom of association against Gajodhar
Pharmaceuticals and therefore, the contract would bind him even though his freedom of association is
restricted.
(d) The employment contract infringes Syed Monirul Alam’s freedom to decide with whom to associate
and therefore is legally not enforceable.


2. If Parliament enacts a law which requires every employee to join the largest trade union in their
workplace mandating Syed Monirul Alam to join GMS, then:
(a) Such a law would merely govern private action to which fundamental rights do not apply.
(b) Such a law would not curtail any individual’s right to freedom of association.
(c) Neither the employment contract, nor the law of the parliament would be enforceable as they would
curtail the freedom of association.
(d) The law of parliament would violate an individual’s freedom not to join any association and
therefore be unconstitutional.

3. If Parliament enacts is law that requires a trade union to open its membership to all the employees, then
(a) Such a law would not infringe any fundamental right to freedom of association.
(b) The law of the parliament would curtail an individual’s right not to join any association.
(c) Such a law would curtail the union members’ right to decide with whom they would like to
associate.
(d) Such a law would render the employment contract offered by Gajodhar Pharmaceuticals to Syed
Monirul Alam unenforceable.


4. If Gajodhar Pharmaceuticals enter into an agreement with GMS wherein the former agrees to hire only
the existing members of GMS as employees, then:
(a) The agreement would be illegal as it would curtail the union members’ right to decide with whom
they would like to associate.
(b) Such an agreement would infringe the union’s right to decide with whom to associate and therefore
is legally not enforceable.
(c) The agreement would not be enforceable as it would infringe upon the employer’s right not to join
an association.
(d) The constitutionality of this agreement cannot be contested on grou




Rule: Whoever finds an unattended object can keep it unless the true owner claims that object. This does not
affect the property owner’s right to the ownership of the property on which the object is found. The right to
ownership of a property does not include the right to ownership of unattended objects on that property.

Facts: Elizabeth is the CEO of global management services company in Chennai and is on her way to Ranchi to
deliver the convocation address at India’s leading business school on the outskirts of Ranchi. Flying business
class on Dolphin Airlines, she is entitled to use the lounge owned by the airline in Chennai Airport while
waiting for her flight. She finds a diamond ear-ring on the floor of the lounge and gives it to the staff of Dolphin
Airlines expressly stating that in the event of nobody claiming the ear-ring within six months, she would claim
it back. The airline sell the ear-ring after eight months and Elizabeth files a case to recover the value of the earring
from the airline when she is informed about its sale.

5. As a judge you would order that:
(a) Elizabeth is not entitled to compensation because the ear-ring was found on the property of the
airline and therefore, the airline is entitled to sell it.
(b) The airline must compensate Elizabeth because owning the lounge does not give the airline the right
over all things that might be found on it.
(c) The airline must compensate Elizabeth because while accepting the ear-ring from Elizabeth they had
agreed to return it if nobody claimed it within six months.
(d) Elizabeth is not entitled to compensation because she did not claim the ear-ring after the expiry of
six months and the airline waited for a couple more months before selling it.


6. Assume how that Elizabeth was only an economy class passenger and was not entitled to use the
airline’s lounge. However, she manages to gain entry and finds the ear-ring in the lounge. The rest of
the above facts remain the same. Will her illegal entry into the Lounge affect Elizabeth’s right to keep
the ear-ring (or be compensated for its value)?
(a) Yes, the airline claims that Elizabeth’s entry into the lounge was illegal and therefore she has no
right over anything she found there
(b) No, because Elizabeth’s class of travel has no bearing on the outcome in this case
(c) Cannot be determined as we need to know how Elizabeth was able to access the airline’s lounge.
(d) None of the above.


7. To the original fact scenario, the following fact is added: In the lounge there are numerous signboards
which proclaim ‘Any unattended item will be confiscated by Dolphin Airlines’. In this case, you would:
(a) Order the airline to pay compensation to Elizabeth because the board in the lounge cannot grant
property rights over unattended objects to the airline.
(b) Deny Elizabeth compensation because the signboard makes it evident that the airline, as owner of
the lounge, is exercising all rights over all unattended items in the lounge and the ear-ring is one such
item.
(c) Deny Elizabeth compensation because she knew any unattended item belonged to the airline.
(d) Order the airline to pay compensation to Elizabeth because the property rights of the airline are
relevant only if the item is unattended. The moment Elizabeth found the ear-ring, it belonged to her.






Rules:
A. A minor is a person who is below the age of eighteen. However, where a guardian administers the
minor’s property the age of majority is twenty one.
B. A minor is not permitted by law to enter into a contract. Hence, where a minor enters into a contract
with a major person, the contract is not enforceable. This effectively means that neither the minor nor
the other party can make any claim on the basis of the contract.
C. In a contract with a minor, if the other party hands over any money or confers any other benefit on the
minor, the same shall not be recoverable from the minor unless the other party was deceived by the
minor to hand over money or any other benefit. The other party will have to show that the minor
misrepresented her age, he was ignorant about the age of the minor and that he handed over the benefit
on the basis of such representation.
Facts
Ajay convinces Bandita, a girl aged 18 that she would sell her land to him. Bandita’s mother Chaaru is her
guardian. Nonetheless Bandita, without the permission of Chaaru, sells the land to Ajay for a total sum of
rupees fifty lakh, paid in full and final settlement of the price. Chaaru challenges this transaction claiming the Bandita is a minor and hence the possession of the land shall not be given to Ajay. Thus Ajay is in a difficult situation and has no idea how to recover his money from Bandita.

8. Chaaru is justified in challenging the sale transaction because:
(a) Bandita is of unsound mind and is not in a position to make rational decisions.
(b) Though Bandita is eighteen year old, she will be treated as a minor, as Chaaru is her guardian.
(c) Though Bandita is eighteen year old, she cannot sell the land without the permission of her mother.
(d) Though Bandita is eighteen year old she should not be treated like a person who has attained the age
of majority.

9. Ajay can be allowed to recover the money only if he can show that:
(a) He was deceived by Bandita who misrepresented her age.
(b) He honestly believed that Bandita was empowered under the law to sell the land.
(c) He was an honest person who had paid the full price of the land to Bandita.
(d) Both (a) and (b).

10. In order to defend the sale, Bandita will need to show that
(a) Bandita has attained the age of majority.
(b) Bandita is mature enough to make rational decisions regarding her own affairs.
(c) The sale transaction was beneficial to her interest and will enhance her financial status.
(d) None of the above.

11. Which of the following is correct?
(a) Ajay should be allowed to recover the money because even though there is no contract, Bandita and
Chaaru should not be allowed to unjustly benefit from Ajay’s money.
(b) Ajay should be allowed the possession of the land because Chaaru can always decide to approve the
transaction between Ajay and Bandita.
(c) Ajay should not be allowed to recover because he induced Bandita, a minor, to sell the land.
(d) None of the above.

12. Which of the following is correct?
(a) If Ajay is allowed to recover the money, that will defeat the law framed for protecting the minors
against fraudulent persons.
(b) If Ajay is not allowed to recover that will cause him injustice as he has not paid off the entire sale
price.
(c) If Ajay is allowed to recover, Chaaru will benefit from both the money and the land.
(d) None of the above



1. Ans. D
2. D
3. C
4. D
5. B
6. B
7. A
8. B
9. A
10. A
11. C
12. a

14. Which one of the following rights cannot be suspended during National Emergency?
(a) Right to Equality
(b) Right to Life and Personal Liberty
(c) Freedom of Religion
(d) Freedom of Speech and Expression


17. Legal Principle: A contract obtained by misrepresentation is voidable at the option of the buyer.
Factual Situation: Anand wants to sell his house. Anupama approaches him with an offer to buy the
house and Anand shows her the house. The house is not in a very good condition and visibly requires
repairs, without which it is uninhabitable. Anand does not tell anything regarding the required repairs to be
livable. Anupama purchases the house for a huge consideration. Later on when she wants to move in her
things into the house to start living she realizes the heavy repairs that the house requires urgently.
(a) Anupama will not succeed because she has to be careful about what he is purchasing in all circum
stances, unless the defects are concealed and cannot be seen or has been hidden
(b) Anupama will succeed because Anand knowingly sold the house and he should have informed - Anupama
about the condition of the house.
(c) Anupama will succeed because she would never have purchased the house in case if she was told
about the status of the house
(d) A buyer always has the option to refuse performance of his part of the contract.


18. Legal Principle: Performance of a legal duty cannot be a consideration for a promise
Factual Situation: ‘A’s wallet is stolen by a thief. ‘A’ lodges a complaint in the police station. ‘A’ promises
to pay a sum of Rs. 500 to the person who is able to apprehend the thief and get back his wallet. The
policeman’s servant ‘X’ apprehends the thief and gets back the wallet. ‘A’ refuses to pay ‘X’ the promised
Rs. 500.
Choose the correct option:
I. The servant is entitled to the reward
II. The policeman would have been entitled to the reward had he been the person to apprehend the thief
III. The policeman would be entitled to the reward even if he had not apprehended the thief
IV. The servant would not be entitled to the reward
(a) I and III (b) I only (c) I, II and IV (d) III only


19. Legal Principle — Whoever, intending to take dishonestly any movable property out of the possession of
any person without that person’s consent, moves that property in, is said to commit theft. Whoever commits
theft shall be punished with imprisonment which may extend to three years or with fine or with both.
Factual Situation — Raju sees a cell phone belonging to Ram lying on the table in Ram’s house. Raju
hides the cell phone in Ram’s house in such a place where Ram could not find it ever, due to the fear of
immediate search and detection. Raju did this with the intention of taking away the cell phone from the
hidden place when Ram forgets about and then sell it away.
Question — Is Raju guilty of theft?
(a) No
(b) No, because he merely played a prank with the friend.
(c) Yes, because Raju did not inform Ram about the place where he had hidden the cell phone.
(d) Yes becayse Raju intended to take the immovable property from Ram’s possession and with this
intention he moved the property.

20. Legal Principle — Willful rash driving is an offence.
Factual situation —‘A’ was driving his car after consuming liquor. The police booked him for willful negligent
driving.
Question—Whether the act of police is lawful?
(a) No, because ‘A’ was not driving rashly and willfully, but he was driving in drunkness.
(b) No, because this is not negligent act.
(c) yes, because A was driving rashly.
(d) Yes, because the police has power to arrest while driving rashly.


21. Legal Principle — A master will be liable for the wrongful acts of his servants in the course of employment.
Factual situation — Mrs. Nitu, an old woman had an account in a bank. Mr. Robert, her tenant used to
collect Rs. 100/- from Mrs. Nitu and deposited it every week in the account of Mrs. Nitu. Mr. Robert got a
commission from the bank for depositing that amount every week. After few months of this transaction it
was found that Mr. Robert had not deposited the amount for five months in the account and that he had run
away with that amount. Mrs. Nitu filed a suit against the bank.
Question — Is the bank liable?
(a) The bank is not liable as Mr. Robert was not an employee of the bank.
(b) The bank is not liable for the failure on part of Mrs. Nitu to check the balance in her account in time.
(c) The bank is liable as the bank paid commission. to Mr. Robert for the work he did.
(d) None of the above.



22. Legal Principle — A violation of a Legal Right, with or without damage, gives rise to a tort.
Factual Situation - ‘A’ establishes a coaching class and charge Rs. 5000/- per year as fees. ‘A’s neighbor
‘B’ establishes another coaching class thereby creating a competition; this forces ‘A’ to reduce his fees to
Rs. 3000/- per year.
Question – Can ‘A’ claim damages from ‘B’ for the loss caused to him?
(a) Yes, he can as ‘B’ has violated his Legal Right.
(b) No, ‘A’ has reduced the fees on his own
(c) No, because though there was damage there was no legal injury.
(d) None of the above

23. Legal Principle—A parent is not liable for a tort committed by his/her child except when the parent affords
the child an opportunity to commit the tort.
Factual Situation - A mother takes her 7 year old son with her to market. On reaching the market she
shuts the car ignition, pulls the handbrake and puts the car in gear. She leaves her son in the car only. The
child starts playing with the car; he releases the brakes and pushes the gear lever to neutral. As a result, the
car starts moving down the road and runs down a pedestrian.
Question — What is the liability of the mother?
(a) The Mother is not liable because she took great care to ensure that the car would remain stationery.
(b) The Mother is liable because she was negligent.
(c) The son is liable because his action caused accident.
(d) The pedestrian is liable as he should have been careful while walking on the road.

24. Legal Principle — Whoever uses force without any lawful justification is deemed to commit battery.
Factual Situation - Mary and Maya have an argument over an issue in the classroom. In order to take
revenge over this Mary tries to humiliate Maya in front of the other classmates by pulling the chair the
moment she is about to sit on the chair. Though Maya falls, she is not hurt. However she files a case against
Mary for battery.
Question — Is Mary liable?
(a) Mary is not liable because Maya was not hurt.
(b) Mary is not liable because their argument justified her action.
(c) Mary is not liable because it did not require any force


ANS.
A
B
D
A
C
C
B
D

25. A’ sings obscene songs near the gate of a women’s College, what offence has he committed?
(a) Assault (b) Outraging the modesty of a women
(c) Criminal intimidation (d) Obscenity

C

1) The first law commission after independence was established in which year?
2) Name the first Indian to become the president of International court of justice?
3) International court of justice was established in?
4) What is the tenure of the president of International court of justice?
5) The official language of International court of Justice is.?
6) Judges of International court of justice is elected for how long.?
7) A person who constantly violets the law is called?
8) Provision of anticipatory bail has been embodied in which section of Cr.P.C?
9) Every duty enforceable by law is called?
10) When a person is to be prosecuted for committing a criminal offence, the burden of proof is
on which party?
11) Currently which High court has the highest representation of women in judiciary?
12) Legal services day is observed on?
13) Practice of having more than one husband at a time is called?
14) The first attorney general of India was?
15) The concept of public interest litigation originated in.?
16) Constitution bench of Supreme Court consist of how many judges?
17) A ‘participis criminis’ is popularly known as?
18) Doctrine of reverse burden is not applicable to a prosecution for an offence under?
19) The only chief justice of India has the distinction of becoming the president of India?
20) The “universal declaration of human rights” was adopted by the UN in which year?
21) A Hindu wife can marry immediately after divorce; where as Muslim wife can do that only
after?
22) Copyright subsists for how many years?
23) Sometimes a person himself does not commit an offence, he helps other person, he is then
guilty of which crime?
24) Which is the highest criminal court in district?
25) Which committee was constituted by the Chief Justice of India on legal education in 1994?
26) Who is the chairman of Bar council of India’s committee on legal education?
27) Which of the following acted as highest court of appeal during the British raj?
28) Which authority designates an advocate as a ‘SENIOR ADVOCATE’?
29) Which is the India’s first state to set up a women’s High court?
30) Who was the first chairman of bar council of India?


ANSWERS


1) 1955
2) Nagendra Singh
3) 1946
4) 3 years
5) English & French
6) 9 years
7) Habitual offender
8) 438
9) Obligation
10) Prosecution
11) Delhi
12) 9th November
13) Polyandry
14) M.C Setalavd
15) The United States
16) 5 Judges
17) Accomplice
18) Indian Penal Code
19) Justice Hidaytullah
20) 1948
21) Only after Iddat period
22) 60 years
23) Abetment
24) Sessions court
25) Justice Ahmadi committee
26) A.P Mishra
27) Privy Council
28) Supreme Court or High Court
29) Andhra Pradesh
30) M.C Setalwad

Legal knowledge
As mentioned in the curriculum no questions which require prior legal knowledge are to be asked. But still it is suggested that you must have some knowledge about the constitution of India. Most of you must have gone through CLAT 2012 paper and came to know that the questions which require legal knowledge were asked in the exam. The questions, no doubt were easy if you had some knowledge about the topic. There is no boundary or limit as to what can be asked in legal knowledge but still there are some good books which cover this section. Legal knowledge comprises of

• Powers of the President
• Powers of Supreme court
• Powers of Governor of State and many more.

Here are some important points which you need to remember for the legal knowledge section.

• Present chairperson of law commission.
• President of India takes oath from Chief justice of Supreme Court.
• Census takes place in every 10 years.
• Various powers laid down in articles example article 32, article 226 etc.
• An appeal against the Central Administrative tribunal lies to Supreme Court i.e. is powers of Supreme Court.
• President gives his resignation to the Vice President.
• The language of Supreme Court is only English.
• Definition of minor.
• Number of judges in Supreme Court.
• Powers of chief justice.
• Knowledge about Lok Sabha and Rajya Sabha.
• Very few and important Sections of IPC.

Legal Aptitude 
1) Which section of Indian Penal Code deals with common intention?
A. Sec. 21
B. Sec. 34
C. Sec. 36
D. Sec. 54

2) What is not an essential ingredient of a valid contract?
A. Free Consent
B. Intention to create legal relations
C. Capacity
D. Contract must be in writing

3) Which of these is not a defence to tortuous liability?
A. Act of Good
B. Lack of Mens Rea
C. Necessity
D. Inevitable Accident

4) What is the meaning of term “in pari delicto”?
A. In open court
B. Both parties are at fault
C. Without the fault of any parties
D. In the times of necessity

5) Concept of “Constitutionalism” refers to …… ?
A. A written constitution
B. An inclusive constitution
C. A government of checks and balances
D. Supremacy of Constitution

6) Concept of “Mesne profits” refers to …… ?
A. Profits arising at the breach of contract
B. Profits arising during the illegal possession
C. Profits from the property of ancestors
D. Profits from incumbent property

7) Which article of Indian Constitution provides parliamentary privileges?
A. Article 74
B. Article 105
C. Article 114
D. Article 153

8) The word socialist was added in the Preamble of Constitution by?
E. 38 th Amendment
F. 42^nd Amendment
G. 44^th Amendment
H. 63^rd Amendment

Answers. 1-B, 2-D, 3-B, 4-B, 5-C, 6-B, 7-105, 8-F

1.Where are juvenile delinquents sent?
a. Borstal
b. Asylums
c. Protective custody
d. Reformation centre.

2.All of the following words connote a prison except one
a. Tihar
b. Sing Sing
c. Gulag
d. Borough.

3.Capital offences result in
a.Sentence of death
b.Sentence of life imprisonment
c. Imprisonment over 10 yrs
d. Amputation

4.What is a caveat?
a. A warning
b. An Injunction
c. Certiorari
d. Writ.

5.What is a ‘Cognizance’?
a.Arousing judicial notice or knowledge
b.It is a crime
c. It means custody without warrant
d. It means custody with warrant.

6.Bye-law making power granted to the executive by the legislature is called
a.Delegated legislation
b.Order power
c.Prerogative power
d.Delegated authority.

7.A person who makes an affidavit or deposition is called
a. Deodand
b. Deponent
c. Denizen
d. Demesme.

8.The word ‘due process of law’ indicates
a.As ordained by statue law
b.In course of time
c. In course through courts
d. Justice by tribunals

9.The rule of evidence which forbids a person from denying the truth of some statement formerly made by him
a. Estoppel
b. Estray
c. Et seq
d. Estreat
10.Vice-President is ex-officio chairman of Rajya Sabha. ‘Officio’ means
a.Part time
b.By virtue of his office
c.Chairman
d.None of the above

11.Give another name for mercy killing
a.Euthanasia
b.Final exitc.
c.Murphy’s death
d.None of the above.

12.A prerogative writ used to command a person who is detaining another in custody to produce that person before the court.
a.Habeas corpus
b.Certiorari
c.Quo Warranto
d.Mandamus.

13.When a witness repeats ‘another person’s statement’, the evidence is called
a. Hearsay
b. Heresy
c. Secondary evidence
d. Presumptive evidence.

14.An order of the court directs a person to do something or refrain from doing a particular thing is called
a. Inhibition
b. Injunction
c. Intortunuim
d. Infans.

15.Innuendo hints at
a. Insuniation
b. Defamation
c. Slander
d. Libel.

16.One of the following cannot be taken as intellectual property
a. Patents
b. Copyright
c. Know-how
d. Discovery

17.The expression ‘dying intestate’ refers to
a.Dying without a penny
b.Dying heavily indebted
c. Dying without leaving a Will
d. Dying in midst of a legal transaction.

18.International Court of Justice has its seat at
a. Geneva
b. Hague
c. New York
d. London.

19.Jurisprudence is
a.Divine principles, followed by law
b.Logic of law
c.Study of old judgments
d. Philosophical aspects of law

20.A published account of legal proceedings, used by lawyers as basis for searching precedent is called
a. Law report
b. Journal
c. Digest
d. Commentary.

21.Who said “Litigation is a game in which the Court is umpire”?
a. Salmond
b. Pollock
c. Austin
d. Blackstone

22.What is a ‘Moot Court’?
a.A basic point of law
b.A basic fact of case
c.Mock court, for practice by students
d. Another name for Magistrates Court.

23.A person who attests copies of original documents, to render them authentic is called
a.Nisi parries
b.Court baliff
c.Notary public
d.Driscoll

24.A child born after father’s death
a. Postliminits
b. Bastard
c. Posthumus
d. Postea.

25.A previous judgment cited by court to decide on a similar set of facts
a. Precedent
b. Case
c. Obiter dicta
d. Judicial dicta.

26.The early release of a prisoner is called
a. Bail
b. Parole
c. Lease
d. Lien.

27.The meaning of the term ‘quasi’ is
a. As if it were
b. Null
c. Void
d. Quashed.

28.If a public official exceeds his authority and acts to injure the interest of a person, what remedy is available to the person?
a.Writ of Mandamus
b.Writ of Habeas Corpus
c. Writ of Prohibition
d. Writ of Quo warranto

29.The reason (or ground) of a judicial decision is known as
a.Ratione sole
b.Ratione tenural
c.Ratio decidendi
d.Obiter dicta.

30.Who is a Recidivist?
a.Saint
b.Habitual criminal
c.Rash person
d.Reserved person.

31.An Act of parliament is called
a. Bill
b. Legislation
c. Statute
d. Public policy.

32.A document issued by court, calling upon the person to whom it is directed to attend before the Judge
a. Summons
b. Call
c. Bailiff
d. Supra.

33.The tort of defaming someone by words or gestures
a.Libel
b.Defamation per incuraim
c.Slip
d.Slander.

34.An act in excess of the authority conferred by law
a. Intra vires
b. Illegal
c. Ultra vires
d. Extra-legal

35.The ……law relates to functions and powers of government organisations
a. Sovereign
b. State
c. Administrative
d. Executive

36.A lawyer appointed by Court to represent a poor litigant is
a.Amicus curiaeb
b.Legal aid man
c.Lok nyaya pradayak
d.None of the above

37.…….is a general pardon
a. Remission
b. Reprieve
c. Amnesty
d. Suspension.

38.A deed is a written statement which is
a. Signed
b. Sealed
c. Delivered
d. All of the above are necessary

39.State’s right to acquire property is a power of
a.Sovereign right
b.Eminent domain
c.Conditional
d.Absolute

40.A mortgage is of ……property while a pledge is of …….property
a.Immovable, movable
b.Land, services
c.Movable, immovable
d.None of the above.

41.……..is an inquiry into cause of death
a. Coroneration
b. Inquest
c. Investigation
d. Cannot say.

42.LL.B. stands for
a.Bachelor of laws
b.Legalite lawyers bacilli
c. Legum baccalaureus
d. None of the above

43.Criminal law is … law, administrative law is …….law
a.Public, private
b.Private, public
c.Public, public
d.Private, private.

44.When a person is prosecuted for committing a criminal offence, the burden of proof is on
a. Court
b. Prosecution
c. Police
d. Accused

45.A contract is said to have 3 essentials. Which one among the following is not an essential in the formation of contract
a. Written agreement
b. Consideration
c. Offer and Acceptance
d. Free consent

1. a	2. d	3. a	4. a	5. a	6. a	7. b	8. c	9. a	10. b
11. a	12. a	13. a	14. b	15. b	16. d	17. c	18. b	19. d	20. a
21. b	22. c	23. c	24. c	25. a	26. b	27. a	28. a	29. c	30. b
31. c	32. a	33. d	34. c	35. c	36. a	37. c	38. d	39. b	40. a
41. b	42. c	43. c	44.b	45.a

1. What is the full form of CCI?

A. Competing Companies Institute
B. Competition Commission of India
C. Central Coffee Institute
D. Child Commission of India

Answer- B

2. Where is the headquarters of International Criminal Court?

A. New York
B. Geneva
C. Paris
D. Hague

Answer - D

3. Who is the author of Men who killed Gandhi?

A. Manohar Malgonkar
B. Khushwant Singh
C. Jaswant Singh
D. Dr Rajendra Prasad

Answer- A

4. Who was the chairperson of 13th Finance Commission?

A. Justice M.N. Rao
B. Vijay Kelkar
C. Justice Malimath
D. Mamta Sharma

Answer- B

5. Who is the successor of Justice S.H. Kapadia from the post of Chief Justice of India?

A. Justice A.N. Roy
B. Justice Aftab Alam
C. Justice K.G. Balakrishnan
D. Justice Altamas Kabir

Answer- D

6. Which of the following case is related to the right to speedy trial?

A. Hussainara Khatoon v. Home Secretary, State of Bihar
B. Sunil Batra v. Delhi Administration 
C. Charles Sobhraj v. Suptd Central Jail
D. Zahida Begum v. Mushtaque Ahmad

Answer - A

7. Who was the first speaker of Lok Sabha?

A. Sardar Hukam Singh
B. Shivraj Patil
C. B.R. Ambedkar
D. G.V. Mavalankar

Answer- D

8. Where was first SAARC summit held?

A. Dhaka
B. Bangalore
C. New Delhi
D. Colombo

Answer- A

9. In which of the following case, the doctrine of basic structure was given by the Supreme court?

A. Kesharvanand Bharti V. State of Karnataka
B. Golaknath v. State of Punjab
C. Minerva Mills v. Union Of India
D. Omkarnath v. Sate of Bihar

Answer- A

10. What does Article 370 of the Constitution deals with ?

A. Anti -Defection law
B. Special Status to Tribal Areas
C. Emergency Provisions
D. Special Status to the State of Jammu & Kashmir

Answer- D

11. What is the legal age of marriage for girls in India?

A. 15
B. 16
C. 17
d. 18

Answer - D

12. In which year was the Consumer Protection Act passed by the Parliament?

A. 1982
B. 1996
C. 1986
D. 1989

Answer - C

13. Which provision of the Constitution deals with the equality before law/

A. Article 14
B. Article 15
C. Article 17
D. Article 21

Answer- A

14. Who can call for Joint Session of Parliament?

A. President of India
B. Prime Minister
C. Speaker of Lok Sabha
D. Minister for Parliament Affairs

Answer -A

15. How many High Courts are there in India?

A. 18
B. 27
C. 21
D. 24

Answer -C

16. What does Lok Pal means?

A. Vigilance
B. Ombudsman
C. Citizen's Commitee
D. Officer of the Court

Answer- B


LEGAL TERMS

1. Assault- striking another person
2. Adjudicate- to give judgement between two parties in law
3. Annul- cancel
4. Bona fide- in good faith
5. Mala fide- in bad faith
6. Coercion- to force someone to enact
7. Conversion- wrongfully dealing with another’s property
8. Damages- monetary compensation
9. De facto- by virtue of fact
10. Enactment- an act of parliament
11. Fiduciary- a relationship based on trust
12. Holograph- document written by hand
13. Homicide- killing of a person
14. Interim- temporary
15. Jurisprudence- philosophy of law
16. Mens rea- criminal intention to commit a crime
17. Negligence- lack of proper care
18. Rebut- to contradict
19. Remission- reduce
20. Ultravires- outside the powers

LEGAL MAXIMS

1. Alibi- elsewhere
2. Quo warranto- by what authority
3. Prima facie- on the face of it
4. Suo moto- o its own
5. Mandamus- we command
6. Quasi- similar
7. Sine die- indefinitely
8. Amicus curiae- friend of the court
9. Vox populi- the voice of the people
10. Res ipsa loquitur- the thing speaks for itself

LEGAL TERMS
1. Affray- public fight which afraids people
2. Allegiance- obedience to the state
3. Amnesty- pardon
4. Appellant- person who appeals
5. De jure- by virtue of law
6. Ex parte- on behalf of
7. Good faith- honesty with due care and attention
8. Indorse- to write something on the back of document
9. Jeopardy- to be in danger of punishment
10. Lien- a right by which a person can have possession of others goods
11. Moiety- half mortgage as security
12. Pilfer- to steal small value objects
13. Patent- a right of person who invents something
14. Proviso- a condition in a deed
15. Stay- temporary stopping of an order

LAW
1. Life tenant: Beneficiary of a life estate.
2. Misfeasance: Improperly doing something which a person has a legal right to do.
3. Moiety: Half of anything
4. Next of kin: Person’s nearest blood relation.
5. Order: Formal written direction by a judge.
6. Payor: Person who makes a payment on a cheque or bill of exchange.
7. Picket: Peaceful public demonstration, on or near an employer’s premises, in furtherance of an existing or proposed trade dispute
8. Reserved judgment: Decision to be given at a later date.
9. Service: Delivery of court documents by one party to the other, personally or by post.
10. Testimony: Verbal presentation of evidence in court.

1. Right in rem is right against which one of the following?
a. Policy brutality
b. An Individual
c. Everyone
d. Government

2. Which one of the following is the correct statement?
Right to privacy as a fundamental Right is implicit in:
a. The Right to Freedom
b. The Right to personal Liberty
c. The Right to Equality
d. The Right against Exploitation

3. The main difference between “de jure” and “de facto” recognition is that the former is
a. legal while the latter is factual
b. Provisional and the latter is definite
c. Informal while the latter is formal
d. explicit and the latter is implicit

4. The Secretary General of the U.N. is appointed:
a. by the General Assembly on the recommendation of the Security Council
b. by the Security Council on the recommendation of the General Assembly
c. in a joint session of the Security Council and General Assembly
d. by the permanent members of the Security Council

5. Ownership of goodwill of a business is:
a. Corporeal ownership
b. limited ownership
c. Beneficial ownership
d. incorporeal ownership

6. “Ratio decidendi” of a case is which one of the following?
a. The order of the court in the case
b. The final decree passed by the court
c. The underlying principal or legal reasons on which the result of the case depends
d. The part of the judgement which has persuasive effect

7. Fundamental duties have been added in the Constitution by 42^nd Amendment Act, 1976 in accordance with the recommendations of:
a. Santhanam Committee
b. Sarkaria Committee
c. Swaran Singh Committee
d. Indira Gandhi – Nehru Committee.

8. Disputes between States in India come to the Supreme Court under:
a. Appellate Jurisdiction
b. Original Jurisdiction
c. Advisory Jurisdiction
d. None of the Above

9. Once the proclamation of emergency is made, the right of a citizen to move the Supreme court for enforcement of his fundamental rights is suspended by the:
a. Prime Minister of India
b. President of the Lok Sabha
c. Speaker of the Lok Sabha
d. Chief Justice of India.

10. Which one of the following has been considered supreme as a course of power?
a. Supreme Court of India
b. Parliament of India
c. President of India
d. Constitution of India

11. Which one of the following pairs is correctly matched?
a. Writ of Habeas Corpus: Issued only to the state
b. Writ of Mandamus: Issued to the public servant.
c. Writ to Quo Warranto: Issued to the subordinate courts.
d. Writ to Prohibition: Issued to the private individual

12. The Article of the Constitution which automatically becomes suspended on proclamation of emergency is:
a. Article 14
b. Article 19
c. Article 21
d. Article 32

13. The President Rule under Article 356 remains valid in a state for the maximum period of
a. one year
b. two years
c. three years
d. four years.

14.“Right of Life” does not include “Right of die”. It has been held in a case of:
a. R. Rathinam vs. Union of India
b. State vs. Sanjay Kumar Bhatia
c. Chenna Jagadeshwar vs. State of Andhra Pradesh
d. Smt. Gian Kaur vs. State of Punjab.

15. The Vice President of India may be removed from his office by:
a. Impeachment
b. A resolution passed by Lok Sabha and Rajya Sabha with a two- thirds majority
c. A resolution passed with a two –thirds majority in a joint session of Parliament
d. A resolution passed by Rajya Sabha with simple majority and agreed to by a majority members of Lok Sabha.

16. The power of the President of India to issue an ordinance is a / an:
a. Executive power
b. Legislative power
c. Constituent power
d. Quasi-judicial power

17. Preamble to the constitution of India:
a. Is not a part of the Constitution
b. Indicates the objectives to be achieved
c. Indicates the source form which the Constitution derives its authority
d. Is a source of authority of the Constitution of India.

18. Whoever by words attempts to excite disaffection towards government established by law, commits the offence of:
a. Contempt of the Government
b. Criminal conspiracy against the State
c.Abetting waging of war
d.Sedition

19. The rationale of absolute liability is that the undertakers of hazardous activities have to pay:
a. If they are at fault
b. Partially even of they are not at fault
c. Regardless of any fault on their part
d. If they have not taken reasonable care

20. ‘A’ threatened to commit suicide is his wife did not execute a sale deed in favour of his brother. The wife executed the sale deed.
This transaction is:
a.voidable due to undue influence
b. voidable due to correction
c. void being immoral
d. void being forbidden by law.

21. A voidable contract is one which is:
a. Not enforceable by either of the parties thereto
b. Enforceable by either of the parties thereto
c. Enforceable only with the permission of the court of law
d. Enforceable at the option of one of the parties thereto

22. Consider the following statement with regard to “uberrimae fidei”?
a. It falls within a class of cases which require utmost good faith
b. Every contract is a contract “uberrimae fidei”
c. Contrast of insurance is an example of “uberrimae fidei”
Of these statements
a. A, B and C are correct
b. A and C are correct
c. B and C are correct
d. A and B are correct

23. “A” promise to give money or money’s worth upon the determination or ascertainment of an uncertain event is called a:
a. Lottery
b. wager
c. Chit
d. bet

24. “A” offers to sell his car to “B” for Rs. 50,000/-. “B” agrees to buy the car offering Rs.45,000/-. The reply of “B” amounts to:
a. Offer
b. Counter offer
c. Invitation to an Offer
d. Standing Offer

25. An agreement to sharte the benefits of a public office:
a. Valid
b. Voidable
c. Void
d. None of the above

26. When goods are displayed in a show – window bearing pricetags, it indicates:
a. Offer to sell goods at price mentioned on the price tags
b. An invitation to make an offer
c. An advertisement
d. An announcement

27. In the matter of liquidated damages:
a. The plaintiff is entitled to recover the agreed amount of compensation for the loss suffered
b. The plaintiff is not entitled to recovered the agreed amount of compensation for the loss suffered
c. The plaintiff is entitled to recover the agreed amount of compensation by proving the exact loss suffered
d. The plaintiff is entitled to recover the agreed amount of compensation without having to prove the exact loss suffered

28. Which one of the following statement is correct?
Generally, quasi-contractual obligations are based on the theory of
a. Implied term
b. just and reasonable solution
c. implied – in –act contact
d. unjust enrichment

29. Which one of the following is not covered under Article 20 of the Constitution of India?
a. Ex post facto laws
b. Preventive detention
c. Double jeopardy
d. Self – incrimination

30. Ubi Jus ibi remedium means
a. every law provides for remedies
b. there is no wrong without a remedy
c. if a law is made corresponding remedy also must be made
d. Every remedy presupposes some injury to some body.

31. The law relating to hostilities has been codified by
a. Hague Convention (1899 & 1907)
b. Geneva Conventions (1929 & 1949)
c. Vienna Conventions (1961)
d. None of the above

32.The law relating to prisoners of war has been codified by
a. Hague convention.
b. Geneva Convention
c. Vienna Convention
d. None of the above.

33. The law relating to diplomatic relation is codified by
a. Hague convention
b. Geneva convention
c. Vienna Convention
d. None of the above

34. A person whose guardian has been appointed, attained the age of majority at
a.18 years
b. 21 years
c. 25 years
d. 30 years

35. Fiduciary relationship means a relationship based on
a. Money
b. Contract
c. Trust
d. None of the above

36. A and B jointly owe C Rs. 1,000. A pays C the due sum. B not knowing A has paid, also pays C Rs.
1000. C is obliged to return the money under
a. Contract
b. Quasi – contract
c. Trust
d. Double jeopardy.

37. “Actus” non “facit reum”, nisi mens sit rea’ is a fundamental principle of
a. Civil liability
b. Criminal Liability
c. Contractual liability
d. None of the above.

38. Section……… of the Indian Penal code defines murder
a. 299
b. 300
c. 301
d. 302
39. Sex determination test have been banned by
a. Pre- Conception Diagnostic Techniques (Regulation and Prevention of Misuse)
b. SDT (Prohibition)
c. Ultra- sound Control Act
d. None of the above.

40. Rights and duties are
a. Co-related
b. Co-ordinated
c. Separated
d. None of the above.

1.(c)	2. (b)	3.(a)	4. (a)	5.(d)	6.(c)	7.(c)	8.(b)	9.(b)	10.(d)
11.(b)	12.(b)	13. (a)	14.(d)	15.(d)	16.(b)	17.(b)	18.(d)	19.(c)	20.(b)
21.(d)	22.(b)	23.(b)	24.(b)	25.(c)	26. (b)	27.(a)	28.(d)	29.(b)	30.(b)
31.(a)	32.(b)	33.(c)	34.(b)	35.(c)	36.(b)	37.(b)	38.(b)	39.(a)	40.(a)

1. Law of torts deals with
(a) defamation 
(b) trespass
(c) negligence
(d) all of these
2. When was the Code of Civil Procedure enacted?
(a) 1973
(b) 1908
(c) 1919
(d) 1948
3. The Criminal Procedure Code was enacted in 
(a) 1860
(b) 1873
(c) 1973
(d) 1948
4. The Transfer of Property Act 1882 covers?
(a) Movable Property
(b) Immovable Property
(c) Both (a) and (b)
(d) None of these
5. The act which covers Right of Way is
(a) Easement Act
(b) Right of Passage Act
(c) Contract Act
(d) Law of tort.
6. Indian Partnership Act is suffixed within the year
(a) 1930
(b) 1931
(c) 1932
(d) 1933
7. The maximum term of imprisonment for Contempt of Court is 
(a) 2 months
(b) 4 months 
(c) 6 months 
(d) 12 months
8. The evidence which can be vital to secure conviction in dowry death ceases
(a) dying declaration of the deceased
(b) evidence of the girl's friend
(c) evidence of the girl's father
(d) none of these
9. The mutual consent of divorce by a Muslim husband and wife is known as
(a) Khula
(b) Talaq
(c) Mubarat
(d) None of these
10. The law relating to marriage , divorce and succession of various communities of India is
(a) contained in various personal laws codified and unconfined
(b) entirely unconfined
(c) codified in Common Civil Code
(d) None of these
11. Majority of Indian Muslims are covered by which of the following School of Law?
(a) Hannafi
(b) Ashri
(c) Ithna
(d) None of these
12. Two classes of advocates of India are
(a) Advocates and Senior Advocates
(b) Lawyers and Judges
(c) Barristers and Solicitors
(d) None of these
13. Sometimes, an accused seeks pardon from the court and offers to give evidence against all others involved in a crime. Then he is called
(a) hostile witness
(b) witness
(c) approver
(d) none of these
14. To defranchise means
(a) to deprive of right over property
(b) to deprive of voting right
(c) to deprive of any right
(d) none of these
15. The phrase 'duty of care' means you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbor. In this definition, the word', neighbour, indicates all person
(a) who can be so closely and directly affected that I ought to reasonably have them in contemplation.
(b) who I know
(c) living in my vicinity, whom I owe a social duty
(d) who are my close people
16. Possession is said to be ................. of ownership
(a) 5/6
(b) 7/8th
(c) 9/10th
(d) Synonymous
17. The right is defined as "an interest which is recognized and protected by law" by 
(a) B. R. Ambedkar
(b) Salmond
(c) Pollock
(d) Blackstone
18. The "Corp-orating Sole " is 
(a) Prime Minister
(b) King of England
(c) Multinational Sector
(d) Public Sector Unit
19. For how many years does copyright subsists in India?
(a) 50 years
(b) 60 years
(c) 70 years
(d) 80 years
20. Ignorance of law excuses no man, not that all men know the law, but because it is an excuse every man will plead', These wards are said by 
(a) Nehru
(b) John Wilson
(c) John Selden
(d) William Golding
Answers :
1. (d)
2. (b)
3. (c)
4. (b)
5. (a)
6. (c)
7. (c)
8. (a)
9. (c)
10. (b)
11. (a)
12. (a)
13. (c)
14. (c)
15. (c)
16. (a)
17. (c)
18. (b)
19. (b)
20. (b)


1. Section 34 of I.P.C. provides for liability based on common intention.
Consider the following situations:
1. The weapon used in the offence was found in A’s house.
2. A house procured the weapon of offence voluntarily to aid the criminal gang.
3. A was compelled under threat to his life to procure the weapon of offence.
4. The weapon was supplied on receipt of value of the weapon (sale).
Which of the situations given above reflect(s) the correct ingredients with regard
to Section 34?
(a) 1 and 2 (b) 2 and 3
(c) 2 only (d) 4 only

2. A is at work with a hatchet; the head flies off and kills a man who is
standing by. What offence is committed by A in this situation?
(a) A has committed the offence of culpable homicide
(b) A has committed the offence of culpable homicide not amounting to murder
(c) A has committed no offence as it was an accident
(d) A has committed no offence as use of hatchet was a necessity of his
livelihood

3. What is the age of child if he is to be exempted from criminal liability'?
(a) Below 10 years (b) McNaughten's Rules
(c) Below 6 years (d) Equivocality test

4. Defence of insanity is developed on which of the following?
(a) Automatism (b) Below 7 years
(c) Irresistible impulse (d) Below 12 years

5. Which one of the following is an inchoate crime?
(a) Public nuisance (b) Criminal attempt
(c) Unlawful assembly (d) Riot

6. The Courts have evolved some tests to determine at what stage an act or a
series of acts done towards the commission of the intended offence would
become an attempt. Identify which one of the following test is not correct.
(a) Proximity test (b) Impossiblity test
(c) Locus standi test (d) Social danger test

7. X, a woman, who ran to a well stating that she would jump into it, was
caught before she could reach it. Which one of the following statements is
correct in this regard?
(a) She is not guilty of an attempt to commit suicide although she intended to do
so and prepared to carry out that intention yet she might have changed her
mind
(b) She is guilty of committing offence of attempt to commit suicide as she
categorically declared to do so
(c) She is guilty of no offence as whatever was done by her did not amount to
preparation for committing suicide
(d) She is guilty of attempt to commit culpable homicide as she attempted to kill
herself

8. When law makes out a contract for parties although no contract might have
been made by. the parties, such a contract is termed as
(a) Contract of frustration (b) Quasi-contract
(c) Unenforceable agreement (d) Contract by obligation

9. The defendant has filed a complaint to the Magistrate against the plaintiff.
The complaint was dismissed. The defendant moved the Sessions Judge in
appeal. He got himself examined in Sessions trial although he knew the
charge was false and he was acting without reasonable and probable cause.
His complaint was dismissed by the Sessions Judge. Thereupon the plaintiff
filed a suit for malicious prosecution against the defendant.
In the aforesaid case, which one of the following conclusions is correct?
(a) The defendant is liable for malicious prosecution
(b) The defendant is not liable for malicious prosecution
(c) The defendant is not liable to pay damages to the plaintiff
(d) The plaintiff's suit must be dismissed

10. The branch of a tree growing on the defendant's land hung on the highway
at a height of about 30 feet above the ground. In fine weather, the branch
suddenly broke and fell upon the plaintiff's vehicle which was passing along
the highway. For the damage to the vehicle, the plaintiff sues the defendant
on the ground of nuisance. Which one of the following conclusions is correct
in this suit?
(a) The defendant was liable for nuisance
(b) The defendant was not liable for nuisance
(c) The defendant was liable under the principle" of strict liability
(d) The plaintiff’s suit should be decreed in his favour

11. A theft had been committed in the defendant's house. He informed the police
that he suspected the plaintiff for the same. Therefore the plaintiff was
arrested by the police. A complaint was filed by the defendant but the
plaintiff was subsequently discharged, by the magistrate as the final report
showed that there was no evidence connecting the plaintiff with the theft.
The plaintiff filed a suit for damages on the ground of malicious prosecution.
In the above case, which one of the following decisions is correct?
(a) The plaintiff is entitled to claim damages from the defendant
(b) The plaintiff is entitled to claim damages from the police
(c) The plaintiff is entitled to claim damages from both
(d) The plaintiff is not entitled to claim damages for malicious prosecution at all

12. During the scarcity of potatoes, long queues were, made outside the
defendant's shop who having a license to sell fruits and vegetables used to
sell only 1Kg of potatoes per ration card. The queues extended on to the
highway and also caused some obstruction to the neighbouring shops. The
neighboring shopkeepers brought an action for nuisance against the
defendant. Which one of the following decisions will, be correct in this suit?
(a) The defendant is liable for nuisance
(b) The defendant is not liable for nuisance
(c) The plaintiffs' suit should be decreed in their favour
(d) The defendant is liable to pay damages to the plaintiffs

13. When does the tort of conspiracy exist?
(a) Two or more persons agree to commit an unlawful act
(b) Two or more persons agree to commit some recognized tort
(c) Two or more persons caused harm to the plaintiff
(d) Two or more persons committed a conceI1ed action to injure the plaintiff

14. In India an action of slander may be maintained without proof of special
damage in some cases. Identify in which of the following cases proof of
damage is necessary?
(a) Imputation of crime
(b) Vulgar abusive language
(c) Imputation of contagious disease
(d) Imputation of lack of chastity to a woman

15. Which one of the following statements regarding Section 34 and 149 of the
Indian Penal Code is correct?
(a) Common intention and common object are the same
(b) Both are district offences in themselves
(c) Section 34 enunciates a mere principle of liability, and creates no offence
while Section 149 creates a specific offence
(d) Sections 34 and 149 are mutually helping Sections



Answers: 1-A, 2-C, 3-B, 4-B, 5-B, 6-C, 7-A, 8-B, 9-A, 10-B, 11-D, 12-B, 13-D, 14-B, 15-C


1. "No action lies against the Government for injury done to an individual in the course of exercise of its

sovereign functions". All of the following actions are covered by the above provision, except
1. improper arrest, negligence or trespass by police officers.
2. loss of movables from government custody owing to negligence of its officers.
3. injury due to the negligence of servants of the government employed in a railway or a dockyard.
4. administration of justice.


2. To secure the enrichment of Hindi, the Constitution, among other things, directs the State to give-primary

importance to one of the languages included in the VIII Schedule for the purpose of drawing upon it. This

language is

1. Bengali

2. Marathi

3. Sanskrit

4. Urdu



3. Disagreement between the two Houses of Indian Parliament is finally resolved through

1. a joint committee of the two Houses for the purpose.

2. mediatory efforts by the presiding officers of the two Houses.

3. a joint committee of the two Houses for the purpose.

4. mediation by the President.



4. Which of the following Articles of Constitution cannot be amended by a simple majority in both the Houses

of Parliament?

1. Article 2

2. Article 3

3. Article 4

4. Article 15



5. Which one of the following Directive Principles is a socialistic principle?

1. Equal pay for equal work to all

2. Protection of the health of workers

3. Prevention of concentration of wealth and the means of production

4. All of these



6. Originally it was laid down in the Constitution that English shall continue to be used for all the official

purposes of the union for a period of

1. 15 years

2. 20 years

3. 25 years

4. 30 years



7. As per Article 100(3), the quorum to constitute a meeting of either House of Parliament is

1. one-fourth of the total number of members of that House.

2. one-fifth of the total number of members of that House.

3. one-tenth of the total number of members of that House.

4. one-third of the total number of members of that House.



8. The age of retirement of a Judge of a High Court in India is

1. 58 years

2. 60 years

3. 62 years

4. 65 years



9. The Rule of Law means

1. existence of written rules to regulate the conduct of government officials.

2. that no person can be punished unless his guilt is established by a fair trial.

3. that the power to make laws vests in the elected representatives of the people.

4. independence of the Judiciary


10. In a particular case, the advice tendered by the Council of Ministers is sent back by the President for

reconsideration. If the Council of Ministers adhere to their earlier advice, the President

1. can ask for reconsideration of the advice once more

2. can ask for reconsideration of the advice any number of times

3. has no option but to accept such advice

4. must seek the advice of the Supreme Court before rejecting the advice.



11. The writ by which a High Court or the Supreme Court can secure the body of a person who has been

imprisoned to be brought before it is

1. Certiorari

2. Habeas Corpus

3. Mandamus

4. Quo Warranto



12. The number of writs that can be prayed for and issued by the Supreme Court and/or a High Court is

1. 3

2. 4

3. 5
4. 6



13. The term of which of the following Lok Sabha was extended beyond the normal period of five years laid

down in the Constitution?

1. Fourth Lok Sabha

2. Fifth Lok Sabha

3. Sixth Lok Sabha

4. Seventh Lok Sabha



14. The High Courts at Bombay, Calcutta and Madras were established under the

1. Indian High Courts Act, 1861

2. Indian High Courts Act, 1865

3. Indian High Courts Act, 1911

4. Government of India Act, 1919



15. In which of the following situations can the President promulgate an Ordinance?

1. There is disagreement between the two Houses of Parliament over a bill.

2. Both Houses have refused to pass a Bill sponsored by Government with the previous sanction of the

President.

3. A Bill has been pending in Parliament for a long period.

4. Parliament is not in session



16. Which of the following events made Gandhiji to launch, for the first time, Civil Disobedience Movement?

1. Jallianwala Bagh massacre in 1919

2. Killing of peaceful agitators at Chauri Chaura by the British troops in 1922

3. Promulgation of the Rowlatt Act of 1919

4. Failure of talks with the Cripps Mission in 1942



17. Dyarchy as the form of Government at the provincial level was introduced by the

1. Government of India Act, 1919

2. Minto-Morley Reforms

3. Montague-Chelmsford Reforms

4. Government of India Act, 1935



18. Which of the following Acts of British Parliament envisaged for the first time a closer association of Indians

with the administration?

1. Indian Councils Act, 1861
2. Indian Councils Act, 1892
3. Indian Councils Act, 1909
4. Government of India Act, 1919


19. For how long can the President's rule in a State imposed initially?

1. One year

2. Six months
3. Two years
4. Three months



20. In accordance with the provisions of our Constitution, new all-India Services can be created only by the

1. Parliament

2. Process of amendment of the Constitution

3. Union Government in consultation with the U.P.S.C.

4. President on the advice of the Council of Ministers



21. Who presides over the joint session of Parliament?

1. The Speaker

2. The Vice-President

3. The President

4. The deputy chairman of the Rajya Sabha



22. The reference to Hindus in Article 25 of the Constitution does not include

1. Parsees

2. Sikhs

3. Jains

4. Buddhists



23. The Chairman of Rajya Sabha is

1. nominated by the President

2. elected by the two Houses of Parliament

3. elected by Parliament and the legislatures of the States jointly

4. elected by the members of Rajya Sabha



24. In India, a tax on agricultural income can be levied by

1. both the Central and State Governments

2. neither the Central nor the State Governments
3. only the State Governments
4. only the Central Government


25. By which amendment, were the Fundamental Duties of Indian citizens added to the Constitution?

1. Forty-forth Amendment

2. Forty-third Amendment

3. Forty-second Amendment

4. Forty-first Amendment


26. Financial allocation for Education was made for the first time by the Charter Act of

1. 1833

2. 1813

3. 1793

4. 1773



27. There is no provision in the Constitution for the impeachment of

1. the Chief Justice of a High Court
2. the Chief Justice of India
3. the Governor
4. the Vice-President



28. In the event of non-enforcement of Directive Principles of the State by the Government, a citizen of India

can move the
1. District Court
2. High Court

3. Supreme Court
4. None of these


29. The member of a State Public Service Commission can be removed on the ground of misbehaviour only

after an enquiry has been conducted by the

1. Supreme Court of India

2. High Court of the State

3. committee appointed by the President

4. committee appointed by the Governor of the State



30. Who can recommend abolition or creation of the Legislative Council in a State?

1. Governor of the State
2. Advocate-General of the State
3. Legislative Assembly of the State
4. The State Council of Ministers


31. The purpose of the Ilbert Bill was

1. to take away the right of the native magistrates to try Europeans and Englishmen
2. to take away the right of the European magistrates to try Indians
3. to remove an anomaly in the Criminal Procedure Code of 1873, according to which no magistrate or sessions
judge could try a European or British subject unless he was himself of European birth
4. None of the above


32. The Constitution of India borrowed the concept of the Directive Principles of State Policy from the

Constitution of

1. Ireland
2. USA
3. UK
4. Canada


33. Which one of the following statements is not correct?

1. There is no provision of referendum in the Indian Constitution

2. The State Legislatures do not possess the right to initiate the amendment of the Constitution
3. The proposal for amending the Constitution can only be initiated in Lok Sabha

4. The Indian Constitution is partly flexible and partly rigid



34. Which one of the following Articles has declared untouchability in any form as unconstitutional?

1. Article 14

2. Article 17
3. Article 44
4. Article 45



35. Which one of the following is not among the sources of revenue for the Union?

1. Land revenue

2. Custom duties including export duties

3. Duties of excise on tobacco and other goods manufactured or produced in India, except alcoholic liquors,

opium, Indian, except alcoholic liquors, opium, Indian hemp and other narcotic drugs

4. Taxes on income other than agricultural income




36. Under which one of the following Articles, the Supreme Court has been given the powers to review any

judgement pronounced or order made by it previously?

1. Article 130

2. Article 137

3. Article 138

4. Article 139



37. A member elected to Lok Sabha as a candidate of a party crosses the floor of the House. In such a case,

1. his continued membership of the House is not affected in any way

2. he ceases to be a member of the House whether or not he resigns his membership

3. he can continue to be a member of the House if the party on whose symbol he was elected has no objection

4. he will continue to be a member of the House if the Speaker permits




38. The Right to Property was excluded from the Fundamental Rights during the tenure of the Government

headed by

1. Charan Singh

2. Morarji Desai

3. Indira Gandhi

4. Rajiv Gandhi



39. Which of the following statements in regard to the Directive Principles of State Policy is correct?

1. Fundamental Rights constitute limitations upon State action, while Directive Principles are in the nature of

instruction to the Government to achieve certain ends
2. They are justiciable in certain respects

3. They enjoin on the State to secure a living wage to all workers within a specified period

4. The courts can compel the State to implement some of the important directives



40. The First Official Language Commission, as required under Article 344 of the Constitution, was constituted

by the President in

1. 1950 with K.M. Munshi as its Chairman

2. 1955 with B.G. Kher as its Chairman

3. 1960 with M.C. Chhagla as its Chairman

4. 1965 with Humayun Kabir as its Chairman

Answer Key

1. 3
2. 3
3. 1
4. 4
5. 4
6. 1
7. 3
8. 4
9. 2
10. 3

11. 2
12. 3
13. 2
14. 1
15. 4
16. 3
17. 1
18. 3
19. 2
20. 1

21. 1
22. 1
23. 2
24. 3
25. 3
26. 2
27. 3
28. 4
29. 2
30. 3

31. 3
32. 1
33. 3
34. 2
35. 1
36. 2
37. 2
38. 2
39. 4
40. 2


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