40 Descriptive questions on Constitutional Law of India

HIGHER JUDICIAL SERVICE EXAMINATION
  1. How far the Independence of Judiciary is ensured under the Constitution of India ?
  2. What are the requirements of a just legal system?
  3. Explain ideal judicial behaviour.
  4. The new dimension of ‘Right to Life – elaborate with case laws.
  5. While referring to relevant Constitutional provisions and case law discuss the evolution, nature and content of the right to safe and decent environment in India.
  6. In the light of the decision of the Supreme Court in Keshavnand Bharati V. State of Kerala, examine the Amending Power of the Parliament provided under Article 368 of the Constitution of India.
  7. The Supreme Court of India’s decision in T.N. Seshan V. Union of India has brought out a new approach towards the functioning of Election Commission of India.’ – Comment.
  8. Examine the distribution of legislative powers between the Union and the States ensured under the Constitution of India.
  9. On what grounds judicial review of administrative action can be exercised ? What are the conditions for the grant of quo-warranto by the court ?
  10. Explain the doctrine of ‘bias’ with the help of decided cases.
  11. Explain the ‘Doctrine of precedent’ as developed by Indian Judiciary.
  12. Explain the doctrine ‘Nemo Debet-Proeadem Causa bis Vexari.’
  13. While referring to provisions of the Forest Conservation Act and the relevant case law critically examine the role of the apex judiciary in the development of forest jurisprudence in India.
  14. Explain the doctrine of Eclipse.
  15. How far ‘Lie Detector Test’ is constitutionally permissible?
  16. Doctrine of Stare-decisis in India and its relevance in applying foreign judgments in India.
  17. Explain Judicial control of administrative discretion.
  18. Judicial Review of Administrative discretion.
  19. Explain the notion of ‘error apparent on the face of the record.
  20. ‘All the theories of juristic personality are so close to each other that they lead to lot of confusion.’ Comment on the light of Ram Janmobhumi case.
  21. The protection given under the Constitution of India against Arbitrary Arrest & Detention.
  22. ‘The Constitution has ensured certain rights to the Minorities under Article 30.’ –Examine.
  23. How far the ‘Fundamental Rights’ and the ‘Directive Principles of State Policy’ are interrelated to ensure constitutional objectives.
  24. The fundamental principle of Criminal Justice system is that ‘No person shall be prosecuted and punished for the same offence more than once’. – Comment.
  25. In the light of the decision of the Supreme Court in D.C. Wadhwa v. State of Bihar, examine the ordinance making power of the Governor under the Constitution of India.
  26. What are the controls on the abuse of administrative discretion in India.
  27. Explain the content and scope of ‘Expost Facto Laws’ under the Constitution of India.
  28. Discuss the meaning of ‘Refugee’ and distinguish it from Stateless persons.
  29. The content and scope of ‘Obiter dicta’.
  30. Discuss vicarious liability of the State.
  31. Legal aspects of Sustainable Development.
  32. The Supreme Court of India is also called as ‘A Court of Record.’ – Discuss.
  33. Secularism is the foundation of democracy- Explain
  34. Legal status of precautionary principle in India.
  35. Doctrine of Indoor Management-Explain
  36. Briefly discuss about the privileges and immunities given to the Parliament and its members.
  37. Examine the Jurisdiction of the Supreme Court with special reference to ‘Appellate Jurisdiction’.
  38. Explain the doctrine of Ultra Vires with the help of decided cases.
  39. Examine the constitutional validity of ‘the Narco Analysis Test’ in the light of Right against self incrimination.
  40. Explain the notion of ‘reasoned decisions’.

2013 December UGC NET Solved Question Paper in Human Rights and Duties Paper 2

1- Which of the following does not constitute a ground for discrimination under Article 15 and 16 of the Indian Constitution?

(A) Religion

(B) Caste

(C) Place of Birth

(D) Colour

Answer: (D)

2- Concept of ‘Universal Jurisdiction’ is founded on which principles?

(A) Vienna

(B) Princeton

(C) The Hague

(D) Delhi Declaration

Answer: (B)

3- Who may be ‘right-obligator’’ for the purpose of human rights?

(A) Husband

(B) Mother-in-law

(C) Port Trust of India

(D) Boy Friend

Answer: (C)

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UGC NET Solved Question Paper in Human Rights and Duties Paper 2-2013 June

2013 June UGC NET Solved Question Paper in Human Rights and Duties Paper 2

1- The Hindu concept of dharma sets forth the responsibilities and rights of individuals in terms of their

(A) Individual identity

(B) Membership in a human community

(C) Duty towards God

(D) Duty towards family

Answer: (B)

2- The Indian tradition of human rights during war is best exemplified in the work of

(A) Mahabharata

(B) Ramayana

(C) Emperor Ashoka

(D) Emperor Akbar

Answer: (C)

3- Prohibition of Discrimination on grounds of religion etc- (Article 15 of the Indian Constitution) is a

Fundamental Right classifiable under

(A) The Right to Freedom of Religion

(B) The Right against Exploitation

(C) The Cultural and Educational Rights

(D) The Right to Equality

Answer: (D)

4- Which Article of the Constitution of India says ‘No Child below the age of fourteen years shall be employed to work in any Factory or Mine or engaged in any other hazardous employment’?

(A) Article 24 www-netugc-com

(B) Article 45

(C) Article 330

(D) Article 368

Answer: (A)

5- Which Amendment introduced the “Right to Education” as a Fundamental Right?

(A) 44th

(B) 86th

(C) 98th

(D) 101st

Answer: (B)

6- Fundamental Duties mention in Article 51 A of the Constitution is in the nature of

(A) Legal obligations

(B) Instructions addressed to the citizens

(C) Powers of State to monitor citizens

(D) Justiciable Right

Answer: (B)

7- Which of the following thinkers did not give the idea of natural rights?

(A) Thombas Hobbes

(B) J-J- Rousseau

(C) John Locke

(D) Jermy Bentham

Answer: (D)

8- Who among the following theorists spoke about the right to property?

(A) John Locke

(B) Karl Marx

(C) J-S- Mill

(D) Antonio Gramsci

Answer: (A)

9- Article – 343 of the Indian Constitution declares Hindi as the

(A) National language

(B) State language

(C) Official language of the Union

(D) Administrative language of the Union

Answer: (C)

10- International Humanitarian Law relates to

(A) Laws of War

(B) Laws of Sea

(C) Laws of peaceful settlement of International Disputes

(D) Laws of Intervention in case of violation of Human Rights

Answer: (A)

11- Which Article of Universal Declaration of Human Rights declares, “Everyone has the right to life, liberty and security of person”?

(A) Article 1

(B) Article 3

(C) Article 5

(D) Article 6

Answer: (B)

12- The Declaration on the Rights of persons belonging to National or Ethnic religious or linguistic minorities was adopted by the U-N- General Assembly in

(A) 1948

(B) 1966

(C) 1993

(D) 2003

Answer: (C)

13- Convention on the elimination of All Forms of Discrimination against Women was adopted in

(A) 1966

(B) 1979

(C) 1983

(D) 1993

Answer: (B)

14- Which of the following does not constitute part of the International Bill of Rights?

(A) Universal Declaration of Human Rights

(B) International Covenant on Economic, Social and Cultural Rights

(C) International Convention on Elimination of All Forms of Racial Discrimination

(D) Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty-

Answer: (C)

15- Which of the following is the only country in the world that guarantees right to succession to its citizens?

(A) Russia

(B) Switzerland

(C) Ethiopia

(D) Central African Republic

Answer: (C)

16- Who coined the phrase ‘self-rule and shared-rule’ that establishes federalism as a grand theory of group rights?

(A) Ronald Watts

(B) Thomas Eleiner

(C) Danial Elazar

(D) Benedict Anderson

Answer: (C)

17- All rights and freedoms are

(A) Indivisible and interdependent

(B) Indivisible but independent

(C) Hierarchical in order

(D) absolute

Answer: (A)

18- The Gandhian idea of individual rights was characterized within the framework of

(A) Human interdependence

(B) European liberal tradition

(C) Socialist tradition

(D) Vedic tradition

Answer: (A)

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19- According to the Juvenile Justice (Care and Protection of Children) Act 2000, Juveniles in conflict with the law are kept in

(A) Juvenile Home

(B) Judicial Custody

(C) Observation Home

(D) Parental Custody

Answer: (C)

20- Which of the following type of violence is not included in the ‘The Protection of Women from Domestic Violence Act 2005’?

(A) Physical and Sexual

(B) Verbal and Emotional

(C) Financial

(D) None of the above

Answer: (D)

21- Assertion (A): Extreme poverty constitutes the gross violation of human rights-

Reason (R): Fulfillment of basic needs of life lie at the core of enjoyment of human rights-

Codes:

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

(B) Both (A) and (R) are correct, but (R) is not the correct explanation of (A)-

(C) (A) is correct, but (R) is incorrect-

(D) (A) is incorrect, but (R) is correct-

Answer: (A)

22- Assertion (A): International crimes refer to the crimes that take place in the international waters-

Reason (R): International criminal court was set up to deal with the incidents of the most serious crimes of concern to the international community as a whole-

Codes:

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

(B) Both (A) and (R) are correct, but (R) is not the correct explanation of (A)-

(C) (A) is correct, but (R) is incorrect-

(D) (A) is incorrect, but (R) is correct-

Answer: (D)

23- Assertion (A): Rape and sexual harassment of women reflect the need for educating people on protection and promotion of women’s rights in India-

Reason (R): Human Rights Education in India is more academic than sensitizing people on the issues of protection and promotion of rights of vulnerable sections of society-

Codes:

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

(B) Both (A) and (R) are correct, but (R) is not the correct explanation of (A)-

(C) (A) is correct, but (R) is incorrect-

(D) (A) is incorrect, but (R) iscorrect-

Answer: (A)

24- Assertion (A): Article 21 of the Indian Constitution has provided ample scope to courts to add newer dimensions to Right to Life-

Reason (R): Without Article 21, the Indian Constitution would not have remained democratic-

Codes:

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

(B) Both (A) and (R) are correct, but (R) is not the correct explanation of (A)-

(C) (A) is correct, but (R) is incorrect-

(D) (A) is incorrect, but (R) is correct-

Answer: (B)

25- Assertion (A): John Locke is considered as the father of Constitutional Government-

Reason (R): John Locke argued for limiting the authority of Government-

Codes:

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

(B) Both (A) and (R) are correct, but (R) is not the correct explanation of (A)-

(C) (A) is correct, but (R) is incorrect-

(D) (A) is incorrect, but (R) is correct-

Answer: (A)

26- Assertion (A): Universal Declaration of Human Rights is the foundation of various

Human Rights Instruments in the modern times-

Reason (R): America sought to universalize human rights in the world through the mechanism of Universal Declaration of Human Rights-

Codes:

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

(B) Both (A) and (R) are correct, but (R) is not the correct explanation of (A)-

(C) (A) is correct, but (R) is incorrect-

(D) (A) is incorrect, but (R) is correct-

Answer: (C)

27- Assertion (A): Public opinion thrives in a democratic society-

Reason (R): There is freedom of press-

Codes:

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

(B) Both (A) and (R) are correct, but (R) is not the correct explanation of (A)-

(C) (A) is correct, but (R) is incorrect-

(D) (A) is incorrect, but (R) is correct-

Answer: (A)

28- Assertion (A): ‘Climate Refugees’ are a group of people facing displacement from their native places due to the extremities of weather-

Reason (R): Rio Summit was an attempt to save the earth-

Codes:

(A) Both (A) and (R) are correctand (R) is the correctexplanation of (A)-

(B) Both (A) and (R) are correct, but (R) is not the correct explanation of (A)-

(C) (A) is correct, but (R) is incorrect-

(D) (A) is incorrect, but (R) is correct-

Answer: (B)

29- Assertion (A): The doctrine of ‘basic structure’ of Indian Constitution was evolved by Supreme Court in the Keshavanand Bharti case-

Reason (R): During the decades of 1950s and 1960s, there was an attempt on the port of the Executive to undermine the authority of the constitution-

Codes:

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

(B) Both (A) and (R) are correct, but (R) is not the correct explanation of (A)-

(C) (A) is correct, but (R) is incorrect-

(D) (A) is incorrect, but (R) is correct-

Answer: (A)

30- Assertion (A): The challenge that the Indian State is facing today is how to achieve an equivalence between the State and the Civil Society within a democratic framework–

Reason (R): Criminalization of politics, political corruption and communal violence stand in the way of creating a value based political culture-

Codes:

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

(B) Both (A) and (R) are correct, but (R) is not the correct explanation of (A)-

(C) (A) is correct, but (R) is incorrect-

(D) (A) is incorrect, but (R) is correct-

Answer: (B)

31- Match List – I with List – II and select the correct answer from the codes given below:

List – I List – II

a- Desmond Tutu i- Ghana

b- Martin Luther King ii- Tanzania

c- Julius Nyrere iii- United States

d- Kwame Nkrumah iv- South Africa

Codes:

a b c d

(A) ii i iii iv

(B) iii iv i ii

(C) iv iii ii i

(D) i ii iii iv

Answer: (C)

32- Match List – I with List – II and select the correct answer from the codes given below:

List – I List – II

a- Glorious Revolution i- 1215

b- Petition of Rights ii- 1688

c- Magna Carta iii- 1689

d- Bill of Rights iv- 1628

Codes:

a b c d

(A) ii iii i iv

(B) ii iii iv i

(C) i ii iv iii

(D) ii iv i iii

Answer: (D)

33- Match List – I with List – II and select the correct answer from the codes given below:

List – I List – II

a- Dr- Rajendra Prasad i- Struggle is My Life

b- Dr- AbulKalam Azad ii- Gitanjali

c- Nelson Mandela iii- India Wins Freedom

d- Rabindranath Tagore iv- India Divided

Codes:

a b c d

(A) iv iii i ii

(B) iii ii iv i

(C) i ii iii iv

(D) ii i iv iii

Answer: (A)

34- Match List – I with List – II and select the correct answer from the codes given below:

List – I List – II

a- Legal Theory of Rights i- Edmund Burke

b- Theory of Prescriptive Rights ii- John Locke

c- Theory of Natural Rights iii- T-H- Green

d- Idealistic Theory of Rights iv- J- Bentham

Codes:

a b c d

(A) i ii iii iv

(B) iv i ii iii

(C) i iii ii iv

(D) ii iv iii i

Answer: (B)

35- Match List – I with List – II and select the correct answer from the codes given below:

List – I List – II

a- Vienna Declaration i- 1993

b- Rio Declaration ii- 1992

c- Copenhagen Declaration iii- 1980

d- Beijing Declaration iv- 1995

Codes:

a b c d

(A) ii iii iv i

(B) iii i ii iv

(C) iv ii iii i

(D) i ii iii iv

Answer: (D)

36- Match List – I with List – II and select the correct answer from the codes given below:

List – I List – II

a- Swami Sahajanand i- Rights of Women

b- Sir Syed Ahmad Khan ii- Rights of Dalits

c- Sir Narayan Guru iii- Rights of Muslims

d- PanditaRamabai iv- Rights of Peasants

Codes:

a b c d

(A) i ii iii iv

(B) iv iii i ii

(C) ii iii i iv

(D) iv iii ii i

Answer: (D)

37- Match List – I with List – II and select the correct answer from the codes given below:

List – I List – II

(Instrument) (Year of Adoption)

a- International Convention on the Elimination of All Forms of Racial Discrimination i- 1950

b- Convention on the Political Rights of Women ii- 1952

c- Convention on the Rights of the Child iii- 1965

d- Convention relating to the status of Refugees iv- 1989

Codes:

a b c d

(A) i iii ii iv

(B) iii ii i iv

(C) ii i iii iv

(D) iii ii iv i

Answer: (D)

38- Arrange chronologically the enactment years of the following instruments by using codes given below:

(i) Dowry Prohibition Act

(ii) Child Marriage Restraint Act

(iii) Immoral Traffic (Prevention) Act

(iv) Protection of Civil Rights Act

Codes:

(A) (iii) (i) (ii) (iv)

(B) (ii) (iv) (iii) (i)

(C) (i) (ii) (iv) (iii)

(D) (iv) (i) (ii) (iii)

Answer: (B)

39- Match the Articles of International Covenant on Economic, Social and Cultural Rights given in List – I with their corresponding rights given in List – II:

List – I List – II

a- Article 6 i- Right to Education

b- Article 7 ii- Right to Work

c- Article 8 iii- Right to form and join Trade Unionwww-netugc-com

d- Article 13 iv- Right to enjoyment of just and favorable conditions of work

Codes:

a b c d

(A) iv ii i iii

(B) iii i ii iv

(C) ii iv iii i

(D) i ii iii iv

Answer: (C)

40- Match List – I with List – II and select the correct answers from the codes given below:

List – I List – II

(Right) (Directive Principle)

a- Right to adequate means of livelihood i- Article 39

b- Right to work ii- Article 41

c- Right to workers to participate in management of industries iii- Article 43

d- Right of Children to free and compulsory education iv- Article 45

Codes:

a b c d

(A) ii iii iv i

(B) i ii iii iv

(C) iv iii i ii

(D) iii iv ii i

Answer: (B)

41- Arrange the following in chronological order:

(i) African Charter on Human and Peoples’ Rights

(ii) Arab Charter on Human Rights

(iii) American Convention on Human Rights

(iv) European Convention on Human Rights

Codes:

(A) (i) (ii) (iii) (iv)

(B) (iv) (iii) (ii) (i)

(C) (iv) (iii) (i) (ii)

(D) (ii) (i) (iii) (iv)

Answer: (C)

42- Arrange the following Commissions in order of their creation:

(i) National Commission for Human Rights

(ii) National Commission for Minorities

(iii) National Commission for Women

(iv) National Commission for Protection of Child Rights

Codes:

(A) (i) (iii) (iv) (ii)

(B) (ii) (iv) (i) (iii)

(C) (iv) (ii) (i) (iii)

(D) (iii) (ii) (i) (iv)

Answer: (D)

43- Arrange the following in chronological order:

(i) Universal Declaration of Human Rights-

(ii) Declaration of the Rights of the Child-

(iii) Declaration on the Elimination of All Forms of Racial Discrimination-

(iv) Declaration on the Right to Development-

Codes:

(A) (ii) (iv) (iii) (i)

(B) (iii) (i) (iv) (ii)

(C) (i) (ii) (iii) (iv)

(D) (iv) (iii) (ii) (i)

Answer: (C)

44- Arrange the following in chronological order:

(i) Asian Values Debate

(ii) Right to Development

(iii) Universal Declaration of Human Rights

(iv) Development as Freedom

Codes:

(A) (i) (ii) (iii) (iv)

(B) (iii) (i) (ii) (iv)

(C) (ii) (iii) (i) (iv)

(D) (iv) (ii) (iii) (i)

Answer: (B)

45- Arrange the following in chronological order:

(i) League of Nations

(ii) Permanent Court of International Justice

(iii) International Labour Organization

(iv) World Health Organization

Codes:

(A) (i) (ii) (iii) (iv)

(B) (ii) (i) (iii) (iv)

(C) (iv) (iii) (ii) (i)

(D) (i) (iii) (ii) (iv)

Answer: (D)

46- Arrange the following Articles in chronological order:

(i) Freedom of Expression

(ii) Freedom of Thought, Conscience and Religion

(iii) Protection of Privacy

(iv) Access to Appropriate Information

Codes:

(A) (ii) (iii) (i) (iv)

(B) (i) (ii) (iii) (iv)

(C) (iii) (iv) (i) (ii)

(D) (iv) (i) (ii) (iii)

Answer: (Wrong question)

Read the passage given below and answer the questions that follow based on your understanding of the passage:

The British political theorist John Stuart Mill (1806-1873) called for the right to self-determinationonly in particular instances- In Considerations on Representative Government (1861), he argued that the homogeneity of national identity, of a “united public opinion,” is necessary to allow the establishment of free political institutions- The unified nation, rather than the multinational state, formed the fundamental political unit- Its existence is a necessary precondition for free government- The other prerequisites were economic and social development, and those nations which, like India, lagged behind, were legitimate objects of an “enlightened” colonialism for which the British provided a model-

As early as 1909, Rosa Luxemburg (1870-1919), the exiled Polish socialist leader in Germany, provided a socialist view of the right to self-determination- In The National Question and Autonomy (1909), she maintained that socialist concessions to claims for national rights were usually pointless and counterproductive- Yet in opposition to future Soviet leader Joseph Stalin, she favoured claims to self-determination by oppressed people so long as their economies could survive independence- Attacking the Polish nationalists of her day, Luxemburg argued that secession from Russia would undermine the interests of the Polish proletariat- Such rights were utopian for industrially backward countries, like Poland and Czechoslovakia, whose economic development depended on the market of their mother country- Luxemburg also warned that any alliance of the working class with the nationalist bourgeoisie of oppressed countries would subvert the future establishment of democratic and socialist regimes-

From a very different perspective, the liberal President Woodrow Wilson (1856- 1924) proclaimed in his “The Fourteen Points Address” to Congress (1918) the right of ethnic groups to national self-determination: “it is the principle of justice to all peoples and nationalities, and their right to live on equal terms of liberty and safety with another, whether they be strong or weak-” These rights, he hoped, could be realized by a League of Nations, which would establish borders based on homogenous ethnic groups, thereby presumably removing a major cause of war-

Inspired by Wilson, the League of Nations, was an international organization established after World War I to provide peace and security, and to facilitate humancooperation- The Covenant of The League ofNations (1919) sought humane working conditions, the prohibition of traffic in women and children, the prevention and control of disease, and the just treatment of colonial peoples- The League of Nations placed the people of the colonies under a system of mandates administered by the victorious colonial powers, who agreed to bring the mandate territories toward self-Government- The administering powers were responsible for ensuring racial and religious impartiality in those territories-

47- Who among the following favoured grant of right to self-determination only on the basis of ethnicity?

(A) Rosa Luxemburg

(B) Woodrow Wilson

(C) John Stuart Mill

(D) None of the above

Answer: (B)

48- Necessary pre-condition for free Government according to J-S- Mill is

(A) Unified Nation

(B) Multinational State

(C) Cultural Homogeneity

(D) Cultural Heterogeneity

Answer: (A)

49- Rosa Luxemburg opposed Polish recession from Russia because

(A) Poland was ethnically not different Russia

(B) Right to self-determination by industrially backward countries was not justified-

(C) Communism does not favourright to self-determination-

(D) None of the above

Answer: (B)

50- The covenant of League of Nations favoured

(A) Immediate grant of right to self-determination to colonial people-

(B) Continuation of colonial rule as it existed before 1919-

(C) Placement of colonies under a system of mandates administered by victorious colonial powers.

(D) Administration of colonies by the League itself.

Answer: (C)

Solved Question Paper in Human Rights and Duties [Multiple choice types]-2013 September

2013 September UGC NET Solved Question Paper in Human Rights and Duties Paper 2

1- Which of the following is not a Civil Right?

(A) Right to Life

(B) Right to Marriage

(C) Right to Education

(D) Right to Divorcewww-netugc-com

Answer: (C)

2- Who of the following was the main mover behind the Universal Declaration of Human Rights?

(A) Woodrow Wilson

(B) Franklin D- Roosevelt

(C) Thomas Paine

(D) Eleanor Roosevelt

Answer: (D)

3- Third Generation of Human Rights is also known as

(A) Citizen’s Rights

(B) Developmental Rights

(C) Group Rights

(D) Women’s Rights

Answer: (C)

4- At the time of adoption of the declaration of the right of development by the U-N- General

Assembly in 1986 only State to express its divert was

(A) The United States of America

(B) Peoples Republic of China

(C) Iran

(D) France

Answer: (A)

5- Which one of the following determines that the Indian constitution is federal?

(A) A written and rigid constitution

(B) An independent judiciary

(C) Vesting of residuary power with the centre

(D) Distribution of powers between the centre and the states

Answer: (D)

6- Public Interest Litigation (PIL) was initiated in 1983 with the pioneering efforts of

(A) Justice R-N- Mishra

(B) Justice Chandrachud

(C) Justice P-N- Bhagawati

(D) Justice Venkatswami

Answer: (C)

7- Which of the following was the first international treaty having significant portents for International Human Rights Law?

(A) Congress of Vienna

(B) Geneva Convention

(C) League of Nations

(D) Treaty of Westphalia

Answer: (D)

8- Who of the following was the pioneer of United Nations Peace keeping operations?

(A) Trygve Li

(B) Kofi Annan

(C) U- Thant

(D) Dag Hammarjskold

Answer: (D)

9- Who among the following wrote the book ‘The Theory of Justice’?

(A) Thomas Hegal

(B) John Rawls

(C) Jean Jacques Rousseau

(D) Thomas Hobbes

Answer: (B)

10- Who among the following defined rights as “those conditions of social life without which no man can reacts in general, to be his best”?

(A) Harold J- Laski

(B) Bernard Bosanquet

(C) Leonard Hobhouse

(D) Hurst Hannum

Answer: (A)

11- In which case Supreme Court held that Parliament has no power to amend the Fundamental Rights?

(A) Golak Nath Case

(B) Sajjan Singh Case

(C) Shankari Prasad Case

(D) None of these

Answer: (A)

12- What is the full form of COFEPOSA?

(A) Conservation of Foreign Exchange & Prevention of Smuggling Act

(B) Conservation of Foreign Economy and Prevention of South Africa-

(C) Conservation of Foreign Export Problems of South Asia-

(D) None of these

Answer: (A)

13- Which one of the following sets of Articles in Part – III of the Constitution emphasis its secular character?

(A) Articles 8 to 11

(B) Articles 25 to 28

(C) Articles 45 to 48 A

(D) Articles 14 to 19

Answer: (B)

14- ‘No taxation without representation’ was the slogan of which of the following revolutions?

(A) Glorious Revolution of Britain

(B) Bolshevik Revolution

(C) French Revolution

(D) Chinese Revolution

Answer: (A)

15- Who was the first Chairperson of the National Human Rights Commission in India?

(A) Rangnath Misre

(B) A-S- Anand

(C) J-S- Verma

(D) P-B- Gajendragadkar

Answer: (A)

16- Who of the following was not a member of the Fundamental Rights sub-committee of the Advisory Committee of Constituent Assembly in India?

(A) K-T- Shahwww-netugc-com

(B) B-R- Ambedkar

(C) Maulana Abdul Kalam Azad

(D) Jawaharlal Nehru

Answer: (D)

17- Who of the following developed the notion of Human Development Index?

(A) Mohd- Yunus

(B) J-K- Galbraith

(C) Amartya Sen

(D) Mahbub-ul-Haq

Answer: (D)

18- Which of the following is not a new social movement?

(A) Environmental Movements

(B) Feminist Movements

(C) Peasant Movements

(D) Differently-Abled Rights Movements

Answer: (C)

19- Who among the following did not have an influence on shaping the thinking of Mahatma Gandhi?

(A) Ruskin Bond

(B) Leo Tolstoy

(C) Thoreau

(D) Ernest Hemingway

Answer: (D)

20- Husband and wife have a right to each other’s company- This right is called

(A) Legal Right

(B) Matrimonial Right

(C) Consortium Right

(D) Conjugal Right

Answer: (D)

21- Where are Juvenile delinquents sent?

(A) Borstal

(B) Asylums

(C) Protective custody

(D) Reformation centre

Answer: (A)

22- Which of the following rights are included in cultural and educational rights?

(A) Right to linguistic minorities to promote their language-

(B) Right against discrimination for admission to educational institutions on the grounds of religion, race or caste-

(C) Right of the minorities to establish and administer their educational institutions-

(D) All of these

Answer: (D)

In question numbers 23 to 32 examine whether the statements given are correct and related to each other with the help of the codes attached-

23- Assertion (A): Preventive Detention is an integral part of the constitution of India-

Reason (R): Preventive detention is an essential part of a democratic system-

Codes:

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

(B) Both (A) and (R) are correct but (R) is not the correct explanation of (A)-

(C) (A) is correct but (R) is incorrect-

(D) (A) is incorrect but (R) is correct-

Answer: (C)

24- Assertion (A): The rise of Human Rights Non-Governmental organisations in India has been a recent phenomenon with the National Emergency of 1975 acting as a trigger for their emergence and increased activities-

Reason (R): Before 1975 there were no human rights violations-

Codes:

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

(B) Both (A) and (R) are correct but (R) is not the correct explanation of (A)-

(C) (A) is correct but (R) is incorrect-

(D) (A) is incorrect but (R) is correct-

Answer: (C)

25- Assertion (A): Governments can reserve the right not to apply a specific part of a treaty and have to declare so when ratifying a treaty by submitting a reservation-

Reason (R): Governments may not be in a position to undertake the obligations at the time of ratification-

Codes:

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

(B) Both (A) and (R) are correct but (R) is not the correct explanation of (A)-

(C) (A) is correct but (R) is incorrect-

(D) (A) is incorrect but (R) is correct-

Answer: (A)

26- Assertion (A): Not only the rights of the present generation but also that of the future generations to live and lead a healthy life is embodied in the right to a healthy environment-

Reason (R): The right to life itself is dependent upon good and healthy environment-

Codes:

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

(B) Both (A) and (R) are correct but (R) is not the correct explanation of (A)-

(C) (A) is correct but (R) is incorrect-

(D) (A) is incorrect but (R) is correct-

Answer: (A)

27- Assertion (A): The Right to equality suggests that people ought to have an equal opportunity to exercise their particular capabilities and not be governed by the accident of their birth-

Reason (R): All men are born equal in strength, talent and capacity-

Codes:

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

(B) Both (A) and (R) are correct but (R) is not the correct explanation of (A)-

(C) (A) is correct but (R) is incorrect-

(D) (A) is incorrect but (R) is correct-

Answer: (C)

28- Assertion (A): The welfare state of today provides various social services such as health, education, old age protection etc- free-

Reason (R): Welfare state is based on socialist ideology-

Codes:

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

(B) Both (A) and (R) are correct but (R) is not the correct explanation of (A)-

(C) (A) is correct but (R) is incorrect-

(D) (A) is incorrect but (R) is correct-

Answer: (C)

29- Assertion (A): Torture was abolished from criminal procedure during the age of enlightenment, and is prohibited, without exception even in emergency situation, by present international law-

Reason (R): Torture is not a scientific method of investigation-

Codes:

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

(B) Both (A) and (R) are correct but (R) is not the correct explanation of (A)-

(C) (A) is correct but (R) is incorrect-

(D) (A) is incorrect but (R) is correct-

Answer: (B)

30- Assertion (A): The Phenomenon of globalization has, among other things, given rise to a variety of Global social movements-

Reason (R): Globalization ushers in an era of human rights-

Codes:

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

(B) Both (A) and (R) are correct but (R) is not the correct explanation of (A)-

(C) (A) is correct but (R) is incorrect-

(D) (A) is incorrect but (R) is correct-

Answer: (C)

31- Assertion (A): Every Juvenile of compulsory school age has the right to education suited to his or her needs and abilities and designed to prepare him or her for return to society-

Reason (R): Juvenile’s Commission of crime does not necessarily have criminal mindset-

Codes:

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

(B) Both (A) and (R) are correct but (R) is not the correct explanation of (A)-

(C) (A) is correct but (R) is incorrect-

(D) (A) is incorrect but (R) is correct-

Answer: (B)

32- Assertion (A): Judicial review is the power of courts to pronounce upon the constitutionality of legislative acts-

Reason (R): Constitution is the foundation and source of other legislative authorities in the polity-

Codes:

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

(B) Both (A) and (R) are correct but (R) is not the correct explanation of (A)-

(C) (A) is correct but (R) is incorrect-

(D) (A) is incorrect but (R) is correct-

Answer: (A)

33- Arrange the following in chronological order in which they addressed the issue of racial discrimination:

i- United Nations Declaration on the Elimination of All Forms of Discrimination-

ii- International Convention on the suppression and punishment of the crime of aparthied-

iii- International convention on the Elimination of All Forms of Racial Discrimination-

iv- International Convention against Aparthied in sports-

Codes:

(A) i ii iii iv

(B) ii i iii iv

(C) i iii ii iv

(D) iii ii iv i

Answer: (C)

34- Arrange the following instruments in the chronological order of their introduction using codes given below:

i- American convention

ii- Refugee convention

iii- Geneva convention

iv- European torture convention

Codes:

(A) i ii iii iv

(B) ii iii i iv

(C) iii ii i iv

(D) i iii iv ii

Answer: (C)

35- Arrange the following cases in chronological order of their disposal-

i- Keshavanand Bharti vs- State of Kerala

ii- A-D-M- Jabalpur vs- S- Shukla

iii- Maneka Gandhi vs- Union of India

iv- Galak Nath vs- State of Punjab

Codes:

(A) iv i ii iii

(B) i ii iii iv

(C) ii iv i iii

(D) iii ii iv i

Answer: (A)

36- Arrange the following in chronological order in which they were established:

i- Asia Pacific Human Rights Network

ii- Amnesty International

iii- People’s Union for civil liberties

iv- Human Rights Watch

(A) i ii iii iv

(B) ii iv iii i

(C) iii i iv ii

(D) iv iii ii i

Answer: (B)

37- Arrange the following conference in the order in which they were held-

i- World Conference on Human Rights, Tehran

ii- Fourth World Conference on Women, Beijing

iii- Earth Summit in Rio de Janeiro

iv- International Conference on population and Development, Cairo

Codes:

(A) i iii iv ii

(B) ii iv i iii

(C) iv iii ii i

(D) iii iv ii i

Answer: (A)

38- Arrange in sequence the adoption of following Acts in India for the protection of rights of scheduled castes and scheduled tribes-

i- Protection of Civil Rights Act

ii- Employment of Manual Scavengers and Construction of Dry Latrine (prohibition) Act

iii- The Scheduled Castes and Scheduled Tribes (prevention of atrocities) Act-

iv- Panchayats (Extension of the scheduled areas) Act

Codes:

(A) i iii ii iv

(B) ii i iii iv

(C) ii iii i iv

(D) iii ii iv i

Answer: (A)

39- Arrange the following Fundamental Rights enshrined in the Constitution of India in order of sequence-

i- Right to Freedom

ii- Right to Education

iii- Right to Freedom of Religion

iv- Right against Exploitation

Codes:

(A) i iii ii iv

(B) i ii iv iii

(C) ii iv i iii

(D) iv i ii iii

Answer: (B)

40- Arrange the following in chronological order of their inception:

i- International Criminal Court

ii- International Court of Justice

iii- The European Court of Human Rights

iv- Inter-American Court of Human Rights

Codes:

(A) i ii iii iv

(B) ii iii iv i

(C) iii i iv ii

(D) iv iii ii i

Answer: (B)

41- Arrange the following UN Agencies in chronological order of their formation:

i- United Nations Environment Programme

ii- United Nations Development Programme

iii- International Labour Organisation

iv- World Health Organisation

Codes:

(A) iii iv ii i

(B) iv iii ii i

(C) i ii iii iv

(D) ii i iv iii

Answer: (A)

42- Arrange chronologically the instruments in order of their introduction using codes given below:

i- The Magna Carta

ii- The Petition of Rights

iii- The Bill of Rights

iv- Glorious Revolution

Codes:

(A) i ii iv iii

(B) ii iii i iv

(C) iv i iii ii

(D) i iv ii iii

Answer: (A)

43- Match List – I with List – II and select the correct answer from the codes given below:

List – I (Group) List – II (Concern/ Distinctiveness)

a- NGOs i- To promote interest of their members and to influence politics

b- Pressure groups ii- A group of eminent persons in their chosen field-

c- Political parties iii- Concerned with some public issues/problems-

d- Elites iv- Seek political power

Codes:

a b c d

(A) ii i iii iv

(B) i ii iv iii

(C) iii i iv ii

(D) i iii ii iv

Answer: (C)

44- Match List – I with List – II and select the correct answer from the codes given below:www-netugc-com

List – I List – II

a- Environmental Protection Act i- 1947

b- Industrial Disputes Act ii- 1994

c- Equal Remuneration Act iii- 1986

d- The transplantation of Human Organ Act iv- 1976

Codes:

a b c d

(A) iii i iv ii

(B) i ii iii iv

(C) ii iv i iii

(D) iv iii ii i

Answer: (A)

45- Match List – I with List – II and select the correct answer from the codes given below:

List – I List – II

a- Civil Right i- Right to work

b- Political Right ii- Right to life

c- Social Right iii- Right to vote

d- Economic Right iv- Right to Public Feasting

Codes:

a b c d

(A) iii ii i iv

(B) ii iii iv i

(C) i iv iii ii

(D) iv i ii iii

Answer: (B)

46- Match List – I with List – II and select the correct answer from the codes given below:

List – I List – II

a- International Labour Organization (ILO) i- Paris

b- United Nations High Commissioner for Human Rights (UNHCHR) ii- Rome

c- United Nations Educational, Social and Cultural Organization (UNESCO) iii- Geneva

d- United Nations Security Council (UNSC) iv- New York

Codes:

a b c d

(A) i ii iii iv

(B) ii i iv iii

(C) ii iii i iv

(D) iv ii iii i

Answer: (C)

47- Match List – I with List – II and select the correct answer with the codes given below:

List – I List – II

a- J-J- Rousseau i- Survival of the Fittest

b- Herbert Spencer ii- General will

c- Jermy Bentham iii- Greatest good of the greatest number

d- John Austin iv- Theory of Sovereignty

Codes:

a b c d

(A) ii i iii iv

(B) i ii iii iv

(C) iv iii ii i

(D) iii iv i ii

Answer: (A)

48- Match List – I with List – II and select the correct answer from the codes given below:

List – I (Fundamental Rights) List – II (Article No-)

a- Right to Constitutional Remedy i- 29

b- Protection of interest of Minorities ii- 17

c- Abolition of untouchability iii- 16

d- Equality of opportunities in matters of public employment iv- 32

Codes:

a b c d

(A) iv i ii iii

(B) i ii iii iv

(C) ii iv i iii

(D) iii ii i iv

Answer: (A)

49- Match List – I with List – II and select the correct answer from the codes given below:

List – I List – II

a- John Locke i- Limited Government

b- Thomas Hare ii- Separation of powers

c- Hamilton iii- Rule of law

d- A-V- Dicey iv- Proportional Representation

Codes:

a b c d

(A) ii i iii iv

(B) i iv ii iii

(C) iii iv i ii

(D) iv ii iii i

Answer: (B)

50- Match List – I with List – II and select the correct answer from the codes given below:

List – I List – II

a- The Shariah Act i- 1956

b- The Dissolution of Muslim Marriage Act ii- 1986

c- The Muslim Women (Protection of Rights on Divorce) Act iii- 1937

d- The Hindu Succession Act iv- 1939

Codes:

a b c d

(A) iii iv ii i

(B) iv ii i iii

(C) i ii iii iv

(D) ii iv i iii

Answer: (A)

West Bengal Higher Judicial Service [English Paper Main Examination 2017]

The High Court at Calcutta Direct Recruitment to the cadre of District Judge in from the Members of the Bar/Limited Competitive Examination, 2017

Paper I

Full Marks : 100

Time : 3 hours

A) Write Essays on any three of the following subjects: – 15×3

1)   Equity will not allow a remedy that is contrary to law.

2) Justice must not only be done, but should manifestly and undoubtedly be seen to be done.

3) Life imprisonment vs. Death sentence,
4) Gender discrimination cannot be eradicated without ‘affirmative action’.

B) Make a precis from any one of the following passages:  25

1) Identity theft is one of the biggest threats that an individual faces today. It can happen when cyber thieves steal your personal information or trick you into sharing personal details. This may include obtaining your name, father’s name, date of birth, address, credit card numbers, bank account numbers, etc. The details are pieced together to create a matching identity, which the thieves then use to get access to your bank account
and withdraw money, secure government benefits such as loans in your name or take control of your credit card by changing your address without your knowledge. They even impersonate you on social media, causing embarrassment.

Phishing is a homonym for fishing, and is objective is to trick a web user to unknowingly furnish valuable financial information. The phishing attacks are primarily carried out through smartly crafted e-mails. These appear to have been sent by the recipient”s bank, credit card company or even someone trustworthy.

The goal is to trick the recipient to click on the company’s official email link. The “official” link, however, takes the recipient to a fake website, where the user without realizing enters his credit card number, password, etc.

Smart cyber thieves scour- social media sites to get personal information about the potential victim. This may include children’s names, schools they go to, etc. The phishing e-mail can come from the “school” asking the victim to furnish bank account details for fee purposes. Such tricks always create extra trust and fool the victim completely.

Phishing attacks are nothing short of a malicious internet epidemic. Worried Indian banks constantly educate their customers through e-mails, SMS messages and newspaper and television ads that they do not collect personal financial information. Yet, there are scores of gullible Indians, who, even today, fall for this cyber trickery.

or

2) The emphasis in law on notions of proof and probability, is also a way of acknowledging that facts are not as concrete as they may seem. All cases, whether Criminal or Civil, are decided according to the burden of proof. This too is a complex subject, and too intricate for full discussion here, though some basic points can be made. The burden of proof places the responsibility for establishing a particular fact on its proponent, so that if A claims that B injured her by his negligent driving, it is up to A to make out a case. The requirement of proof means that facts must be established to the satisfaction of the Court, but this does not mean absolute certainty. As Lord Guthrie has said: ‘Outside the region of mathematics, proof is never anything more than probability’ (Nobel)s Explosive Co. v British Dominions General Insurance Co. (1919) 1 SLT 205 at 206). It will be relatively unusual for facts in a case to be conclusive.

The term conclusive is one which need to be used with great caution. Technically, evidence is only conclusive where, by virtue of a rule of law, it cannot be contradicted – a widely cited example is the rule of law treating a child under the age of 10 as incapable of committing a crime. This technical meaning is thus different from the popular sense of the term, whether it is used to describe evidence that effectively chinches the case.

In reality, what is popularly called ‘conclusive’ is no more than evidence degree of probability. Thus, in coming to a conclusion on the evidence, the court is normally saying no more than : on the facts before us, we are as sure as we feel we need to be’.

The courts have attempted to define the burden of proof in terms of levels of probability; thus in civil cases we conventionally talk of proof ‘on a balance of probabilities’ and in criminal cases of a “higher standard” of ‘proof beyond reasonable doubt’. What these abstract concepts come to mean in individual cases remain open to question. It is widely accepted that such standards of proof are incapable of precise definition, a point to which we shall return later in this chapter. At the same time the use of terms such as ‘proof beyond reasonable doubt’ may often time the work to disguise the extent to which conclusions about the facts of a case are subjective. Put simply, it is not easy to draw the boundaries between doubts which are reasonable, and those which are not.

C) Translate the following two passages into English language: – 15×2

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DESCRIPTIVE QUESTIONS ON INDIAN EVIDENCE ACT [BEGINNER LEVEL]

  1.  Explain what is not evidence before a court of law. In this line whether an affidavit can be said as evidence of a fact?
  2. What is fact in issue? How it is different from relevant fact?
  3. Whether a Dying declaration is a conclusive proof for establishing dowry death?
  4. What is permissible hearsay evidence?
  5. Whether inferential evidence has any place under the scheme of Indian Evidence Act ?
  6. Whether Circumstantial evidence needs corroboration?
  7.  A Police officer[IO] submitted several documents with his Report, but at the time of trial, the prosecution failed to identify any document or to mark as Court Exhibit- Explain the consequences with the help of law.
  8. How to prove motive and intention in a rape case?
  9. At the time of search for an offence of Murder, police recovered a laptop, some incriminating photos from the hard disk, how the prosecution shall prove the relevancy of recovered articles?
  10. What is an admission? Whether admission is direct evidence or indirect evidence?
  11. What is secondary evidence? How to prove a xerox copy of a certified registered gift deed?
  12. How to prove a Will, where both the attesting witnesses died earlier?
  13. In a suit for partition, the plaintiff produced Land Records – whether he needs to prove the same?
  14. What is Estoppel? What is the evidentiary value of it?
  15. In which cases Indirect oral evidence shall be permitted?
  16. where evidence recorded through VDO Conferencing in a Criminal trial is valid?
  17. Explain the evidentiary value of CCTV footage?
  18. Distinguish between the presumption of law and presumption of facts?
  19. Whether illegally collected Evidence by police is admissible?
  20. Elucidate the credibility of Defence evidence in a murder trial.
  21. What is a judicial proceeding?
  22. An eyewitness said there was rape, but the doctor said there was no rape – who shall be believed.
  23. Explain section 144 of the Evidence Act.
  24.  A Judge to decide as to the admissibility of evidence u/s 136- Explain.
  25. When a witness shall be compelled to answer a specific question? whether a scandalous question can be asked u/s 147?

Write short notes :

  1. Res gastae
  2. Accomplice
  3. Test identification parade
  4. Plea of alibi
  5. Leading question
  6. Cross-examination
  7. Character evidence
  8. Number of witnesses
  9. Suicide note
  10. Extra-Judicial confession
  11. Hostile witness
  12. Public records
  13. Benefit of doubt
  14. Child witness
  15. Corpus delicti
  16. Evidence of approver
  17. Identification in court
  18. The probative value of a piece of  evidence
  19. Police custody
  20. Discovery
  21. FSL Report
  22. The opinion of Handwriting Expert
  23. private document
  24. Onus probandi
  25. Refreshing memory