Constitution Questions On Law Entrance exams

DU LLB Entrance examination questions on Law

Year – 2019

Q 1. As per VII Schedule of the Constitution of India, the power to enact laws on residuary matters lies with?

The residuary powers of legislation are vested in Parliament. Article 248 (2) of the Constitution of India says that the Parliament has exclusive power to make any law with respect to any matter not enumerated in list II and III.

Article 248(2) of the Indian Constitution provides that the Parliament has the sole right to legislate on any matter not mentioned in lists II and III. Such power shall include the power to make any law that imposes a tax not set out in any of those lists.

Parliament and state legislatures have special rights to legislate, respectively, on items in the Union List and the State List. Both can legislate on Concurrent List objects. However, the Founding Fathers made residual provisions in Article 248 of the Constitution and Entry 97 of the Union List, in anticipating the possibility of a situation in which legislation could be required on matters not listed in any of the three lists. Legislative remaining powers are vested in Parliament.

The Union List Entry 97 also stipulates that Parliament has the sole right to legislate on any matter not mentioned in List II or III.
Accordingly, Article 248 and Entry 97 of the Union Constitution List of India grant the residual powers of legislation exclusively to the Union If no entry in either of the three lists covers a piece of legislation, it must be regarded as a topic not mentioned in either of the three lists and belonging exclusively to Parliament under Entry 97, List I pursuant to Article 248. In other words, Article 248’s reach and degree are compared with that of entry 97, list I.

Residuary powers are those powers which can be made by the parliament only. It is different from 3 lists, union list, state list, and concurrent list. These powers are neither under the legislative powers of the State nor the Union. Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List. Such power shall include the power of making any law imposing a tax not mentioned in either of those Lists.

Q 2. The doctrine of ‘Transferred Malice’ is contained in which Section of the IPC, 1860?

Supreme Court invokes ‘Doctrine of Transferred Malice’ (Section 301 IPC) and restores conviction of accused for Murder.

Section 301 of the IPC deals with Culpable Homicide by causing the death of a person other than a person whose death was intended and states: if a person commits a guilty homicide by doing anything that he or she intends or knows is likely to cause death by causing the death of any person whose death he or she does not intend to or know is likely to cause, the guilty homicide committed by the offender Under the statute, the person who causes the harm will be seen to have intended the act through the transferred theory of intent, a criminal lawyer said. This Section is not new. The history reverts to British rule. The defendant struck a blow with his belt at Horace Chapple in the case of R Vs Latimer of 1886, which rescued him, seriously injuring an innocent bystander. The defendant was accused of having maliciously injured the victim, and appealed on the basis that he had never wanted to harm her. The court ruled the sentence would be upheld. The accused committed the crime. In the applicable act there was no provision that his crime be in relation to a victim named. Therefore, criminal lawyer Phiroze Edulji pointed out, Latimer’s malice was shifted from his purpose to his unintended victim. More recently, for violating rules under section 301 in the case of Rajbir Singh Vs State of UP (2006), the Supreme Court came down hard on a high court. In this case, a bullet meant for another hit Pooja Balmiki, and died. The high court had called this an accidental death, but the Supreme Court held that: the fact that there was no intention of causing injury to Pooja Balmiki and that she was accidentally hit can make no difference since the accused intended to cause firearm injury to one Hoti Lal and also caused injury to her in trying to perform the same. Therefore, the high court ‘s arguments for quashing the charges are entirely unfounded in fact, and can be sustained. In the case of Shanabhai Balubhai Nayak Vs State of Gujarat the Gujarat High Court had ruled the same in 2004. In this scenario, when the mother came in the way and was killed a man had hit his son with a knife. According to the high court, the principle of malice transfer as provided for in section 301 of the IPC extended to the facts of the case and the accused was liable for prosecution under section 302 of the IPC

Q 3. The doctrine of ‘double jeopardy’ enshrined in Article 20 (2) means?

Article 20 of the Indian Constitution provides protection in respect of conviction for offenses and article 20(2) contains the rule against double jeopardy which says that “no person shall be prosecuted or punished for the same offense more than once.” The protection under clause (2) of Article 20 of the Constitution of India is narrower than the American and British laws against Double Jeopardy.

Q 4. The electoral college that elects the Vice President of India comprises of?

The Vice-President is elected by a different electoral college, consisting of members (elected as well as nominated) of the Lok Sabha and Rajya Sabha.

1. The Vice-President is elected by an electoral college consisting of members of both Houses of Parliament, in accordance with the system of proportional representation by means of the single transferable vote and the voting in such election is by secret ballot. The Electoral College to elect a person to the office of the Vice-President consists of all members of both Houses of Parliament*.

2. The Vice-President is not a member of either House of Parliament or of a House of a Legislature of any state. If a member of either House of Parliament or of a House of a Legislature of any state is elected as Vice-President, he is deemed to have vacated his seat in that House on the date he/she enters his office as Vice-President.

Q 5. A First Information Report (FIR) for a cognizable offence may be lodged by?

It is generally a complaint lodged with the police by the victim of a cognizable offence or by someone on his/her behalf. Anyone can report the commission of a cognizable offence either orally or in writing to the police. Even a telephonic message can be treated as an FIR.

Q 6. Sarkaria Commission was concerned with?

Sarkaria Commission was set up in June 1983 by the central government of India. The Sarkaria Commission’s charter was to examine the relationship and balance of power between state and central governments in the country and suggest changes within the framework of Constitution of India.

The Government Vide Ministry of Home Affairs Notification No. IV/11017/1/83-CSR dated 9 June 1983 created a Commission under the Chairmanship of Justice R.S. Sarkaria with Shri B. Sivaraman and Dr. S.R. Sen as its members in order to review the workings of the existing arrangements between the Union and the States in the changed socio-economic scenario. The Commission’s terms of reference as set out in this Notice is as follows:

“The Commission must analyze and review the functioning of the current Union-State structures with regard to rights, roles and obligations in all spheres and propose reforms or other steps as appropriate.”

“If the Commission examines and studies the workings of the current arrangements between the Union and the States and makes suggestions on the required adjustments and steps, it must take into account the social and economic developments that have taken place over the years and take due account of the scheme and structure of the Constitution which the founding fathers so seductively crafted for

The Commission submitted its 1600-page report in January 1988 after conducting several surveys, eliciting details, holding discussions and after thorough deliberations. The study provides 247 guidelines, distributed through 19 pages.

The Commission ‘s key recommendations relating to the Inter-State Council and its Secretariat were:

The Council will be tasked with duties generally encompassing the entire spectrum of Article 263 clauses (b ) and ( c). The Council should not be allowed to investigate and advise conflicts between States;
The Council will not be able to maintain its legitimacy without an autonomous permanent Secretariat. Considering the complexity of the meetings and the number of the participants, the Council Secretariat should be properly staffed and modeled on the Secretariat of the Union Cabinet.

Q 7. The Right of private defence of the body extends to the voluntarily causing of death, if the offence which occasions the exercise of right is?

An assault with the intention of kidnapping or abducting.

The law authorizes a man who is under a reasonable apprehension that his life is in danger or his body in risk of grievous hurt to inflict death upon his assailant either when the assault is attempted or directly threatened, but it must be proportionate to or commensurate with the quality and character of the act it is intended to meet and what is done in excess is not protected.

The right of private defence of the body extends to the causing of death or any other harm to the assailant under the following circumstances:

  • An assault causing reasonable apprehension of death.
  • An assault causing reasonable apprehension of grievous hurt.
  • An assault with the intention of committing rape.
  • An assault with intention of kidnapping or abducting.
  • An assault with the intention of gratifying unnatural lust.
  • An assault with the intention of wrongfully confining a person under circumstances which may cause him to apprehend that he will be unable to have recourse to the public authorities for his release.

Any harm short of death can be inflicted in exercising the right of private defence in any case, which do not fall under the above circumstances

The right of private defence commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence, though the offence may not have been committed; and it continues as long as such apprehension of danger to the body continues

Punishment

The Court will decide the punishment after considering whether there was a reasonable apprehension of death or not.

Q 8. The anti-defection law in India is contained in?

The anti-defection law is contained in the 10th Schedule of the Constitution. It was enacted by Parliament in 1985.

Aaya Ram Gaya Ram was a phrase that became popular in Indian politics after a Haryana MLA Gaya Lal changed his party thrice within the same day in 1967.  The anti-defection law sought to prevent such political defections which may be due to reward of office or other similar considerations.

The Tenth Schedule was inserted in the Constitution in 1985. It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House. A legislator is deemed to have defected if he either voluntarily gives up the membership of his party or disobeys the directives of the party leadership on a vote. This implies that a legislator defying (abstaining or voting against) the party whip on any issue can lose his membership of the House.  The law applies to both Parliament and state assemblies.

Q 9. Art. 51A of the Constitution of India provides for the Fundamental Duties of?

Citizens of India

Article 51A in The Constitution Of India 1949
51A. Fundamental duties It shall be the duty of every citizen of India

(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity, and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement PART V THE UNION CHAPTER I THE EXECUTIVE The President and Vice President

Q 10. Proceedings to be in camera means?

In-camera (Latin: “in a chamber”) is a legal term that means in private. The same meaning is sometimes expressed in the English equivalent: in chambers. Generally, in-camera describes court cases, parts of it, or process where the public and press are not allowed to observe the procedure or process

In-camera proceeding is used in sensitive cases essentially to protect the privacy of the parties. Simply put, ‘in-camera’ proceeding is a proceeding carried out in private, in the absence of the public and the press. Essentially the proceedings are conducted through video conferencing to safeguard the privacy and protection of the accused. The public and the media are excluded from such proceedings for the purposes of sensitivity.

Section 327 of the Criminal Procedure Code, 1973 has laid down the kinds of cases that should be recorded on camera, including rape, case of intercourse with wife during separation, rape that could lead the victim to be in a vegetative state, gang rapes and men in authority like a public servant committing rape.

News Article

Q 11. A general offer is an offer which?

A general offer is an offer which is made to the public in general and can be accepted by anyone who fulfils the terms and conditions of the offer.

Q 12. World Intellectual Property Day is celebrated on:

26th April

Q 13. The principle of quantum meruit is applicable when

Quantum Meruit Definition: Latin: as much as is deserved. A legal principle under which a person should not be obliged to pay, nor should another be allowed to receive, more than the value of the goods or services exchanged; hence, as much as is deserved only.

Q 14. Does the President give his resignation to the?

In such an eventuality, the chief justice—or in his absence, the senior most judge of the Supreme Court of India available—discharges the functions of the president until a newly elected President enters upon his office or a newly elected Vice-president begins to act as President under Article 65 of the constitution.

According to Article 56 {Term of office of President} in Part V of our constitution, President of India can vaccate his office by addressing the resignation to Vice-president of India.

Article 56 {Term of office of President}

  1. The President shall hold office for a term of five years from the date on which he enters upon his office: Provided that -the President may, by writing under his hand addressed to the Vice-President, resign his office;the President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in article 61.the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
  2. Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) shall forthwith be communicated by him to the Speaker of the House of the People.

Q 15. How many times the President of India can seek re-election to his post?

Any number of times

Q 16. The charge of impeachment against the President of India for his removal can be preferred by?

Both Houses of Parliament

Q 17. Basic structure of Constitution can be amended?

No

Q 18. The right to protect one’s own person and property against the unlawful aggression of others is known as:

The right of private defence is absolutely necessary for the protection of one’s life, liberty, and property. It is a right inherent in a man. But the kind and amount of force is minutely regulated by law.

Q 19. Fraud occurs when?

Both an act is done with the intention to deceive another party & active concealment of facts

Fraud is generally defined in the law as an intentional misrepresentation of material existing fact made by one person to another with knowledge of its falsity and for the purpose of inducing the other person to act, and upon which the other person relies with resulting injury or damage.

Q 20. Under Patent Act, 1970 Patent is granted for?

10 years

Q 21. An agreement in restraint of marriage is:

Void

Restraint of marriage refers to a condition that nullifies the grant to which it applies if the grantee marries or remarries. Restraints of marriage are usually void if they are general or unlimited in scope. Contracts in restraint of marriage are void, upon grounds of public policy.

Q 22. Who is equivalent of Attorney General in State?

Advocate General

The Governor of each State shall appoint a person who is qualified to be appointed as a Judge of a High Court to be Advocate General for the State.

Q 23. Who among the following is the First Iraqi National to have received the Nobel Peace Prize?

Nadia Murad Basee Taha

Q 24. Under Trade Marks Act, 1999 the trademark is granted for?

10 years, but may be renewed from time to time subject to the provisions of the Act

Q 25. Caveat Venditor means:

Buyer beware

Latin term meaning “let the seller beware,” in contrast to the more widely known saying caveat emptor (let the buyer beware). The principle of caveat venditor cautions that the seller is responsible for any problem that the buyer might encounter with a service or product.

Q 26. In which landmark judgment did the Supreme Court of India decriminalize homosexuality?

Navtez Singh Johar v. Union of India, 2018

Q 27. The name of the Union given in the Constitution is?

India i.e. Bharat

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