UGC NET

Law
SAMPLE

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 Law (Sample Questions)

Sample Questions With Solutions

1. The theory of "Justice as Fairness" was propounded by whom?

(A) John Rawls (B) Robert Nozick
(C) Ronald Dworkin (D) Rudolf Stammler

2. Poverty is said to exist when people lack ………?

(A) Knowledge (B) Means to satisfy basic needs
(C) A house to live (D) An electricity connection

3. What is the legal status of a "Dead Man"?

(A) Not a legal person
(B) Is a legal person
(C) Can be presumed as a legal person
(D) None of these

4. Who categorised the subject of Jurisprudence as Expositorial Jurisprudence and Censorial

Jurisprudence
(A) Holland (B) Bentham
(C) Kelsen (D) Paton

5. In which of the following cases did the Supreme Court uphold the law which had prohibited a
person from contesting panchayat elections if he/she had more than two living children ?
(A) Javed v. State of Haryana (B) Jat Singh v. State of Rajasthan
(C) Qureshi v. Sate of Bihar (D) Air India v. Nargesh Mirza.

6. The ratification by State Legislature is not required for a constitutional amendment bill passed by
Parliament in respect of an amendment of
(A) Union List in Seventh Schedule
(B) Article 241 with regard to High Courts for Union Territories
(C) Article 1 to 3 with regard to Union and its Territories.
(D) Article 162 with regard to the extent of power of State executive.

7. Consider the following statements:

Parliament's power to legislate State subjects in State List means Parliament has the power
(1) To legislate on State List with the consent of the State.
(2) To legislate on State List for implementing treaties and international agreements.
Which of the statements given above is/are correct?
(A) 1 only (B) 2 only
(C) Both 1 and 2 (D) Neither 1 nor 2

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 Law (Sample Questions)

8. Which one of the following pairs of Articles of the Constitution of India relates to International Law:
(A) Article 48 - A and 253 (B) Article 48 - A and 243
(C) Article 51 and 253 (D) Article 51 and 243

9. "States only are subjects of International law." Which among the following Theories supports this
view ?
(A) Realist theory (B) Fictional theory
(C) Functional theory (D) Theory of consent

10. By which mode of acquisition of state territory , the New - Moore island territory was acquired by
India ?
(A) Occupation (B) Annexation
(C) Accretion (D) Prescription

11. The Amendment to raise the number of members of United Nations Security Council was approved
by the General Assembly on December 17, 1963. When it came into force ?
(A) December 17, 1963 (B) January 17, 1964
(C) August 31, 1965 (D) January 22, 1966

12. Under which provision of the United Nations Charter the composition of the Economic and Social
Council has been laid down ?
(A) Art. 53 (B) Art. 61
(C) Art. 78 (D) Art. 80

13. On which one of the following subjects, the Supreme court of India made an observation in the
case "Hans Muller of Nuremberg V. Superintendent, Presidency Jail, Calcutta :
(A) Extradition (B) Asylum
(C) Deputation (D) Recognition

14. Which of the following may be applied as a test of 'grave and sudden provocation' as envisaged
by the exception to Section 300 of the Indian Penal Code ?
(A) Whether a reasonable man belonging to the same class of society as the accused,
placed in the situation in which the accused was placed would be so provoked as to lose
his self control.
(B) Whether the accused was placed in a situation where he lost his cognitive faculties which
rendered him incapable of understanding consequences of his actions.
(C) Whether the victim provoked the accused despite having a prior knowledge that the
accused was a short tempered person.
(D) All of the above

15. For defamation, a tort

(A) Should be in respect of a living person only
(B) Can be in respect of a deceased person
(C) Both (A) & (B)
(D) Either (A) or (B)

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 Law (Sample Questions)

SOLUTIONS

1. (A) "Justice as Fairness: Political not Metaphysical" is an essay by John Rawls, published in
1985. In it he describes his conception of justice. It comprises two main principles of
liberty and equality; the second is subdivided into Fair Equality of Opportunity and the
Difference Principle.
2. (B) Poverty is said to exist when people lack the means to satisfy their basic needs. In this
regards, the identification of poor people first requires a determination of what constitutes
basic needs. These may be defined as precisely as "those necessary for survival" or as
broadly as "those reflecting the prevailing standard of living in the community."
3. (A) Dead man is not a legal person. As soon as a man dies he ceases to have a legal
personality. Dead men do not remain, as bearer of rights and duties for it is said that they
have laid down their rights and duties along with their death. Actio personalis moritur cum
persona - action dies with the death of a man. With his death, his personality comes to
an end.
4. (B) English Jurist Jeremy Bentham categorised the subject of Jurisprudence as Expositorial
Jurisprudence and Censorial Jurisprudence.
5. (A) In Javed v. State of Haryana, Supreme Court held that the provision is not discriminatory
and the classification made by it is based on intelligible differentia having nexus with the
object of popularization of family planning programme.
6. (C) According to Article 368 The ratification by State Legislature is not required for a constitutional
amendment bill passed by Parliament in respect of an amendment of Article 1 to 3 with
regard to Union and its Territories.
7. (B) According to Article 253 Parliament's power to legislate on State List for implementing
treaties and international agreements. To legislate on State List consent of the State is not
required.
8. (A) Article 253 in The Constitution Of India 1949
253. Legislation for giving effect to international agreements Notwithstanding anything in
the foregoing provisions of this Chapter, Parliament has power to make any law for the
whole or any part of the territory of India for implementing any treaty, agreement or
convention with any other country or countries or any decision made at any international
conference, association or other body.
Article 48-A which is inserted in the Constitution as part of state's responsibility to protect
environment, reads as follows:
"The State shall endeavour to protect and improve the environment and to safeguard the
forests and wildlife of the country".
9. (A) Realist Theory According to one view 'states only are subjects of International Law'. This
is the traditional concept of International Law wherein states alone, as sovereign political
entities, were regardlesss the subjects of International Law.
10. (A) Occupation: When a particular territory is not under the authority of any other state, a
state can establish its sovereignty over such territory by occupation. The territory may
never have belonged to any state, or it may have been abandoned by the previous sovereign.
The PCIJ( permanent court of international justice) held that the occupation to be effective
must consist of the following two elements:
(i) intention to occupy. Such intention must be formally expressed and it must be
permanent.

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 Law (Sample Questions)

(ii) occupation should be peaceful, continuous.

There mere act of discovery by one state is not enough to confer a title by occupation.
There are two requirements (i) the territory subject to claim must not be under the
sovereignty of any state (terra nullius) (ii) the state must have effectively occupied the
territory.
11. (C) In accordance with Article 23 of the Charter, as amended, [By an amendment dated 17
December 1963 (resolution 1991 A (XVIII)), which came into force on 31 August 1965, the
General Assembly increased the number of non-permanent members of the Security
Council from 6 to 10. The Security Council consists of five permanent members (China,
France, Russian Federation, United Kingdom of Great Britain and Northern Ireland and
United States of America and 10 non-permanent members elected by the General Assembly
for a term of two years. In accordance with rule 142 of the rules of procedure, the General
Assembly elects each year five non-permanent members of the Security Council.
12. (B) Article 61
The Economic and Social Council shall consist of fifty-four Members of the United Nations
elected by the General Assembly.
Subject to the provisions of paragraph 3, eighteen members of the Economic and Social
Council shall be elected each year for a term of three years. A retiring member shall be
eligible for immediate re-election.
At the first election after the increase in the membership of the Economic and Social
Council from twenty-seven to fifty-four members, in addition to the members elected in
place of the nine members whose term of office expires at the end of that year, twenty-
seven additional members shall be elected. Of these twenty-seven additional members,
the term of office of nine members so elected shall expire at the end of one year, and of
nine other members at the end of two years, in accordance with arrangements made by
the General Assembly.
Each member of the Economic and Social Council shall have one representative.
13. (A) In Hans Muller of Nuremberg v. Superintendent Presidency Jail, Cal., the Court held that
even if there is a requisition and a good cause for extradition, the government is not bound
to accede to the request, because Section 3 (1) of the Indian Extradition Act, 1903 (based
on Fugitive Offenders Act, 1881 of the British Parliament) gives the government discretionary
powers.
14. (A) The law is now well established that Section 1 to Section 300 can apply only when the
accused is shown to have been deprived of the power of self-control by grave and sudden
provocation which is caused by the person whose death is caused. The test of grave and
sudden provocation is whether a reasonable man belonging to the same class of society
as the accused, placed in the situation in which he was placed would be so provoked as
to lose his self-control and the provocation must be such as would upset not merely a hot-
tempered or a highly sensitive person but one of ordinary calmness.
15. (A) According to the common law, it is not possible to defame a deceased person at all. So
neither an action for damages nor an action for restoration of the honour of the deceased
person is available. Only a living person can bring an action for defamation. Hence,
supposing that a living person was defamed and this person died, it is not possible for the
relatives to sue. If a living person is defamed and this person brings an action for defamation,
this action will come to an end with the death of that person and cannot be carried on by
the person's heirs. The action will not survive for the benefit of the person's estate. On
the whole, it is not possible for relatives of the deceased person to sue in defamation on
behalf of the deceased person.

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