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CS Executive JIGL practice questions

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Question 1Sources of Law

Under the Indian legal system, which source of law is considered the supreme law of the land, with all other laws required to conform to it?

  1. The customary practices of trade
  2. The precedents of the Supreme Court
  3. The Constitution of India Correct answer.
  4. The ordinances issued by the President

Explanation

The Constitution of India is the grundnorm, or supreme law, from which all other legal authority derives. Legislation, precedent, and custom are valid only so far as they are consistent with its provisions.

Question 2Sources of Law

In the hierarchy of sources of Indian law, a law made by Parliament on a subject in the Union List is best described as:

  1. Delegated legislation
  2. A judicial precedent
  3. Primary legislation Correct answer.
  4. A customary rule

Explanation

Primary legislation is law enacted directly by a competent legislature under its own constitutional power, such as a parliamentary statute on a Union List subject. Delegated legislation, by contrast, is made by an executive authority under powers conferred by a parent statute.

Question 3Sources of Law

Which Article of the Constitution of India expressly makes law declared by the Supreme Court binding on all courts within the territory of India?

  1. Article 137
  2. Article 143
  3. Article 144
  4. Article 141 Correct answer.

Explanation

Article 141 provides that the law declared by the Supreme Court shall be binding on all courts within the territory of India. This is the constitutional foundation of the doctrine of precedent in Indian law.

Question 4Sources of Law

A custom is generally recognised as a valid source of law in India only when it satisfies certain tests. Which of the following is a recognised essential of a valid custom?

  1. It must be ancient, certain, reasonable and continuously observed Correct answer.
  2. It must be published in the Official Gazette
  3. It must have been reduced to writing by a court
  4. It must be approved by a resolution of Parliament

Explanation

A custom must be ancient, certain, reasonable, continuously and uniformly observed, and must not be contrary to statute or public policy to be treated as a valid source of law. Judicial recognition merely declares an existing custom rather than creating it.

Question 5Sources of Law

Which of the following is the correct order of the hierarchy of courts whose decisions may operate as binding precedent in India?

  1. Supreme Court, District Court, High Court
  2. District Court, High Court, Supreme Court
  3. High Court, Supreme Court, District Court
  4. Supreme Court, High Court, District Court Correct answer.

Explanation

The Supreme Court stands at the apex, followed by the High Courts and then the subordinate courts such as District Courts. A decision of a higher court binds the courts below it within the relevant jurisdiction.

Question 6Sources of Law

The Supreme Court in a judgment lays down a principle of law while deciding a dispute between two parties. Which portion of the judgment constitutes the binding precedent for future cases?

  1. The obiter dicta
  2. The ratio decidendi Correct answer.
  3. The headnote prepared by the reporter
  4. The arguments of counsel recorded in the judgment

Explanation

The ratio decidendi is the legal reasoning or principle on which the decision is founded, and it is this portion that binds courts in later cases. Obiter dicta and editorial headnotes do not carry the same binding authority.

Question 7Sources of Law

A High Court of one State decides a question of law. In the absence of any contrary Supreme Court ruling, how does that decision operate in relation to a High Court of another State?

  1. It has persuasive value but does not bind the other High Court Correct answer.
  2. It has no value whatsoever in the other High Court
  3. It binds the other High Court only if the President approves it
  4. It binds the other High Court as if it were a Supreme Court decision

Explanation

A High Court's decision binds subordinate courts within its own territorial jurisdiction but has only persuasive value for High Courts of other States. Only the Supreme Court's law declared under Article 141 binds all courts in India.

Question 8Sources of Law

A statute empowers the Central Government to frame rules to carry out its purposes. Rules so framed by the executive are an example of which source of law?

  1. Customary law
  2. Delegated legislation Correct answer.
  3. Personal law
  4. Primary legislation

Explanation

Delegated or subordinate legislation is law made by an executive authority under powers conferred by a parent statute. The rules derive their authority from the enabling Act and must remain within its scope.

Question 9Sources of Law

Which of the following is a recognised ground on which delegated legislation may be held invalid by a court?

  1. The rules were not laid before the public for comment
  2. The rules are ultra vires the parent Act Correct answer.
  3. The rules were framed without consulting the Law Commission
  4. The rules were framed by an officer below the rank of Joint Secretary

Explanation

Delegated legislation is valid only if it stays within the limits of the power conferred by the parent Act. Rules that exceed that power are ultra vires and liable to be struck down, as are rules that violate the Constitution or are unreasonable.

Question 10Sources of Law

The doctrine of stare decisis, as applied in Indian law, requires a court to:

  1. Refer every legal question to the legislature for clarification
  2. Follow earlier decisions of superior courts on similar facts and points of law Correct answer.
  3. Decide every case afresh without regard to earlier rulings
  4. Prefer customary practice over all earlier judicial decisions

Explanation

Stare decisis means to stand by decided matters, requiring courts to follow earlier binding decisions of superior courts on similar facts and questions of law. It promotes certainty and consistency, subject to the power to distinguish or overrule in appropriate cases.

Question 11Sources of Law

Which of the following best describes the position of 'equity' in the Indian legal system?

  1. It operates as a separate body of courts parallel to the common law courts
  2. It applies only to disputes between merchants
  3. It automatically overrides every statutory provision
  4. Its principles are embodied in statute and judicial decisions and applied by the same courts Correct answer.

Explanation

India did not retain separate equity courts; equitable principles were absorbed into the ordinary courts and are applied alongside law, often codified in statutes such as the Specific Relief Act. Equity follows the law and cannot override clear statutory provisions.

Question 12Sources of Law

A statute uses the words 'may' and 'shall' in different provisions. In determining whether a provision is mandatory or directory, which approach do the courts generally adopt?

  1. Treat both words as having identical legal effect in every case
  2. Treat every use of 'may' as mandatory and every use of 'shall' as directory
  3. Look to the object, context and consequences of non-compliance rather than the word alone Correct answer.
  4. Treat 'shall' as directory whenever the statute is silent on penalties

Explanation

The use of 'may' or 'shall' is not conclusive; courts examine the object of the provision, the context, and the consequences that would follow from non-compliance. The word 'shall' may be directory and 'may' mandatory depending on the legislative intent.

Question 13Sources of Law

Which of the following is an internal aid to the construction of a statute?

  1. The report of the Law Commission preceding the Act
  2. The parliamentary debates on the Bill
  3. The statement of objects and reasons
  4. The preamble of the Act Correct answer.

Explanation

The preamble is part of the statute itself and is therefore an internal aid, used to understand its object and scope. Statements of objects and reasons, Law Commission reports, and parliamentary debates are external aids.

Question 14Sources of Law

A judge is faced with a case where the earlier binding decision of a superior court was given on facts materially different from those before the judge. The appropriate course is to:

  1. Refer the matter to the legislature for a new law
  2. Overrule the superior court's decision
  3. Distinguish the case on the ground of material difference in facts and decide accordingly Correct answer.
  4. Follow the earlier decision mechanically because it is binding

Explanation

A precedent binds only so far as the material facts and the legal principle are the same. Where the facts are materially different, the court may distinguish the case and decline to apply the earlier ratio to the present dispute.

Question 15Sources of Law

Which statement correctly captures the relationship between a statute and a judicial precedent that conflicts with it?

  1. Both are treated as equally authoritative and applied together
  2. The precedent prevails if it was decided by a larger bench
  3. The statute prevails because legislation can override a judicial decision Correct answer.
  4. The precedent prevails because it is later in time

Explanation

Legislation is a superior source of law and can override a judicial precedent by enacting a contrary provision. A precedent operates only so long as it is not displaced by a valid statute on the same subject.

Question 16Sources of Law

Where a statute is silent on a matter and no binding precedent or custom applies, which approach best reflects the recognised sources of Indian law?

  1. The court must apply foreign law as a matter of course
  2. The court must await a fresh enactment by Parliament
  3. The court must dismiss the suit for want of a statutory provision
  4. The court may apply principles of justice, equity and good conscience to fill the gap Correct answer.

Explanation

Where statute, precedent, and custom are silent, courts may draw on principles of justice, equity, and good conscience to decide the matter. This residual source enables the legal system to resolve disputes without a legislative vacuum.

Question 17Constitution of India

Under the Constitution of India, the power to amend the Constitution is conferred by which Article?

  1. Article 356
  2. Article 368 Correct answer.
  3. Article 226
  4. Article 143

Explanation

Article 368 lays down the procedure for amendment of the Constitution and empowers Parliament to amend it by the prescribed special majority. The other Articles deal with entirely different matters such as emergency, writ jurisdiction and advisory jurisdiction.

Question 18Constitution of India

The Preamble to the Constitution of India derives its authority from which source?

  1. Parliament
  2. The Constituent Assembly
  3. The people of India Correct answer.
  4. The President of India

Explanation

The Preamble opens with 'We, the People of India' and declares that the Constitution is adopted, enacted and given to themselves by the people. Sovereignty therefore rests with the people, and all organs of government derive authority from them.

Question 19Constitution of India

Which Article of the Constitution abolishes untouchability?

  1. Article 17 Correct answer.
  2. Article 19
  3. Article 15
  4. Article 21

Explanation

Article 17 abolishes untouchability and forbids its practice in any form, and the Protection of Civil Rights Act, 1955 makes its enforcement a punishable offence. Articles 15 and 19 deal with discrimination and freedoms respectively.

Question 20Constitution of India

The concept of 'basic structure' of the Constitution was propounded by the Supreme Court in which case?

  1. Minerva Mills v. Union of India
  2. Golaknath v. State of Punjab
  3. Kesavananda Bharati v. State of Kerala Correct answer.
  4. Shankari Prasad v. Union of India

Explanation

In Kesavananda Bharati (1973) the Supreme Court held that Parliament can amend the Constitution but cannot destroy its basic structure. This doctrine was later applied and expanded in Minerva Mills, which struck down clauses ousting judicial review.

Question 21Constitution of India

A State Legislature wants to impose a tax on the sale of goods within the State. Which legislative entry primarily supports such a levy?

  1. Entry 20 of List III
  2. Entry 97 of List I
  3. Entry 54 of List II Correct answer.
  4. Entry 52 of List I

Explanation

Entry 54 of the State List covers taxes on the sale or purchase of goods other than newspapers, subject to the restrictions in Article 286. Union taxing powers over inter-State sales flow from Article 269 and the Union List, not from Entry 54 of List I.

Question 22Constitution of India

Which writ is issued to a public authority that has failed to perform a duty cast upon it by law?

  1. Mandamus Correct answer.
  2. Certiorari
  3. Quo warranto
  4. Habeas corpus

Explanation

Mandamus commands a person or authority to perform a public duty that it has refused or failed to perform. Certiorari quashes an order already passed, while habeas corpus secures release from unlawful detention.

Question 23Constitution of India

The Directive Principles of State Policy are contained in which Part of the Constitution?

  1. Part III
  2. Part V
  3. Part IX
  4. Part IV Correct answer.

Explanation

Part IV, comprising Articles 36 to 51, contains the Directive Principles of State Policy, which are fundamental in the governance of the country but not enforceable in courts. Part III contains fundamental rights, which are enforceable.

Question 24Constitution of India

A person is detained under a preventive detention law. Within how many days must the grounds of detention ordinarily be communicated to him under Article 22(5)?

  1. Only after the advisory board reports
  2. As soon as may be, ordinarily within three months under the Constitution's scheme read with the Detention Laws Correct answer.
  3. Only when the detenu files a writ petition
  4. Within one year of detention

Explanation

Article 22(5) requires that the grounds of detention be communicated as soon as may be and that the detenu be afforded the earliest opportunity of making a representation. The Constitution itself fixes a three-month outer limit for detention without the opinion of an advisory board, which effectively compels early communication of grounds.

Question 25Constitution of India

Which Article provides for the establishment of an All India Judicial Service?

  1. Article 148
  2. Article 315
  3. Article 312 Correct answer.
  4. Article 324

Explanation

Article 312 empowers Parliament to create All India Services, including an All India Judicial Service, by law if the Council of States passes a resolution supported by not less than two-thirds of members present and voting. Article 315 deals with Public Service Commissions.

Question 26Constitution of India

The Governor of a State is appointed by whom and holds office during whose pleasure?

  1. Appointed by the President and holds office during the pleasure of the President Correct answer.
  2. Elected by the State Legislature and holds office during its pleasure
  3. Appointed by the Prime Minister and holds office during the pleasure of Parliament
  4. Appointed by the Chief Justice of India and holds office during the pleasure of the Supreme Court

Explanation

Article 155 provides that the Governor is appointed by the President, and Article 156 states that he holds office during the pleasure of the President, subject to the normal five-year term. The Governor is not elected and is not removable by the State Legislature.

Question 27Constitution of India

Which provision of the Constitution abolishes the right to property as a fundamental right?

  1. Article 32
  2. Article 300A, inserted by the Constitution (Forty-fourth Amendment) Act, 1978 Correct answer.
  3. Article 19(1)(f), as originally enacted
  4. Article 31, as originally enacted

Explanation

The Forty-fourth Amendment Act, 1978 deleted Article 19(1)(f) and Article 31 and inserted Article 300A, which provides that no person shall be deprived of his property save by authority of law. Article 300A is a constitutional right but not a fundamental right enforceable under Article 32.

Question 28Constitution of India

The Constitution of India provides for single citizenship, which means that a person is a citizen of which entity?

  1. The Union Territory of residence only
  2. India only Correct answer.
  3. The State of domicile only
  4. Both India and the State of domicile

Explanation

Unlike the United States, India follows the principle of single citizenship, so every citizen owes allegiance to the Union alone. There is no separate State citizenship, though residence and domicile may be relevant for certain rights such as employment.

Question 29Constitution of India

A law made by a State Legislature on a Concurrent List subject conflicts with an earlier Union law on the same subject. Which law prevails, assuming the State law has not received the President's assent?

  1. The later law always prevails regardless of the List
  2. Both laws are void
  3. The Union law prevails Correct answer.
  4. The State law prevails

Explanation

Article 254(1) provides that where a State law on a Concurrent subject is repugnant to a Union law, the Union law prevails and the State law is void to the extent of repugnancy. The State law can prevail only if it has been reserved for and received the President's assent under Article 254(2).

Question 30Constitution of India

The Election Commission of India is constituted under which Article?

  1. Article 280
  2. Article 324 Correct answer.
  3. Article 315
  4. Article 338

Explanation

Article 324 vests the superintendence, direction and control of elections in the Election Commission. Article 315 deals with Public Service Commissions and Article 280 with the Finance Commission.

Question 31Constitution of India

Which Article empowers the President to seek the advisory opinion of the Supreme Court?

  1. Article 132
  2. Article 131
  3. Article 136
  4. Article 143 Correct answer.

Explanation

Article 143 empowers the President to refer to the Supreme Court any question of law or fact of public importance, and the Court may report its opinion after such hearing as it thinks fit. The opinion is advisory and not binding on the President.

Question 32Constitution of India

The fundamental duties of citizens were inserted into the Constitution by which amendment?

  1. Constitution (Seventy-third Amendment) Act, 1992
  2. Constitution (Forty-second Amendment) Act, 1976 Correct answer.
  3. Constitution (First Amendment) Act, 1951
  4. Constitution (Forty-fourth Amendment) Act, 1978

Explanation

The Forty-second Amendment Act, 1976 inserted Part IVA (Article 51A) containing fundamental duties, on the recommendation of the Swaran Singh Committee. The duties are non-justiciable but may guide courts and legislatures.

Question 33Constitution of India

Which Article guarantees equality before the law and equal protection of the laws?

  1. Article 16
  2. Article 14 Correct answer.
  3. Article 17
  4. Article 15

Explanation

Article 14 states that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Article 15 prohibits discrimination on specified grounds, while Article 16 deals with equality of opportunity in public employment.

Question 34Constitution of India

The President of India is elected by an electoral college consisting of whom?

  1. Elected members of both Houses of Parliament and elected members of the Legislative Assemblies of the States and certain Union Territories Correct answer.
  2. All members of both Houses of Parliament only
  3. All members of Parliament and all members of the Legislative Councils
  4. Members of the Legislative Assemblies of the States only

Explanation

Article 54 provides that the President is elected by an electoral college consisting of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States, including the National Capital Territory of Delhi and Puducherry. Nominated members do not participate.

Question 35Constitution of India

Which schedule of the Constitution contains the forms of oath or affirmation to be made by constitutional office holders?

  1. Seventh Schedule
  2. Second Schedule
  3. Fourth Schedule
  4. Third Schedule Correct answer.

Explanation

The Third Schedule prescribes the forms of oath or affirmation for Ministers, judges, the Comptroller and Auditor-General, and members of legislatures. The Second Schedule deals with emoluments of certain officials, and the Seventh Schedule contains the three legislative Lists.

Question 36Constitution of India

A State Government issues an order that violates a fundamental right of a citizen. Which constitutional remedy is directly available?

  1. A reference to the Finance Commission
  2. A writ petition under Article 226 before the High Court Correct answer.
  3. An appeal directly to the President
  4. A suit before the District Court for damages

Explanation

Article 226 empowers High Courts to issue writs for the enforcement of fundamental rights and for any other legal right, and Article 32 provides a parallel remedy before the Supreme Court. A constitutional writ petition is the direct remedy, not an ordinary civil suit or executive appeal.

Question 37Constitution of India

Which of the following is a feature of the Indian federal system that distinguishes it from a classical federation?

  1. The States have their own separate citizenship
  2. The States have a right to secede
  3. The Constitution may not be amended at all
  4. The Union has overriding powers, including in emergencies and over residuary subjects Correct answer.

Explanation

The Indian Constitution is federal in structure but unitary in spirit, with a strong Centre, single citizenship, integrated judiciary and residuary powers vested in the Union. These features led to its description as a quasi-federal or cooperative federal system.

Question 38Constitution of India

Which Article provides that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth?

  1. Article 29
  2. Article 14
  3. Article 19
  4. Article 15 Correct answer.

Explanation

Article 15(1) prohibits discrimination on the specified grounds, and Article 15(3) to (5) permits special provisions for women, children, backward classes, Scheduled Castes and Scheduled Tribes. Article 14 is the general equality clause covering all persons.

Question 39Constitution of India

The Constitution of India was adopted by the Constituent Assembly on which date?

  1. 26 January 1950
  2. 9 December 1946
  3. 15 August 1947
  4. 26 November 1949 Correct answer.

Explanation

The Constituent Assembly adopted the Constitution on 26 November 1949, and it came into force on 26 January 1950. The date 9 December 1946 marks the first sitting of the Constituent Assembly.

Question 40Constitution of India

Which Article of the Constitution provides for the establishment of Administrative Tribunals?

  1. Article 226
  2. Article 323A Correct answer.
  3. Article 32
  4. Article 323B

Explanation

Article 323A, inserted by the Forty-second Amendment, empowers Parliament to establish administrative tribunals for adjudication of disputes relating to recruitment and conditions of service of public servants. Article 323B deals with tribunals for other matters.

Question 41Interpretation of Statutes

Under the General Clauses Act, 1897, how is the term 'act' generally understood when used to refer to a legislative measure?

  1. A statute passed by the legislature and given assent Correct answer.
  2. A notification issued by the executive government
  3. A Bill introduced in Parliament before assent
  4. A rule or regulation framed by a subordinate authority

Explanation

The General Clauses Act, 1897 treats 'act' as referring to a statute enacted by the competent legislature and duly assented to. Bills, rules, and notifications are distinct categories and are covered by separate definitions such as 'Bill', 'rule' and 'notification'.

Question 42Interpretation of Statutes

Which rule of interpretation is applied when the words of a statute are plain, clear and unambiguous?

  1. The golden rule
  2. The purposive rule
  3. The mischief rule
  4. The literal rule Correct answer.

Explanation

The literal rule directs that where the language of a statute is clear and unambiguous, it must be construed according to its ordinary meaning. The other rules operate only where the plain meaning produces absurdity, ambiguity or repugnance.

Question 43Interpretation of Statutes

The maxim 'expressio unius est exclusio alterius' is best described as which principle of statutory construction?

  1. Words of a statute are read in their ordinary dictionary sense
  2. Penal provisions are construed strictly in favour of the subject
  3. A later statute overrides an earlier inconsistent statute
  4. The express mention of one thing excludes others of the same class Correct answer.

Explanation

The maxim means that where a statute expressly mentions certain persons or things, those not mentioned are presumed to be excluded by deliberate design. It is a rule of implied exclusion applied to items of the same genus.

Question 44Interpretation of Statutes

A statute uses both a general term and a specific enumeration of items. Applying the rule of 'ejusdem generis', how should the general term be read?

  1. In its widest possible sense covering all matters
  2. As excluding the enumerated items altogether
  3. As referring only to matters arising in future
  4. As limited to things of the same class as those enumerated Correct answer.

Explanation

Ejusdem generis confines a general word following specific words to persons or things of the same nature as those specifically mentioned. This prevents the general term from swallowing categories the legislature did not contemplate.

Question 45Interpretation of Statutes

Which maxim is applied to resolve a conflict between two provisions of the same statute by treating the special provision as prevailing over the general one?

  1. Reddendo singula singulis
  2. Noscitur a sociis
  3. Generalia specialibus non derogant Correct answer.
  4. Contemporanea exposito

Explanation

Generalia specialibus non derogant means general provisions do not derogate from special ones; the special provision prevails within its field. It is used to harmonise apparently conflicting provisions of the same or different statutes.

Question 46Interpretation of Statutes

A statute refers to 'the State Government' without specifying which State. Where the subject matter falls within a particular State's territory, which interpretation principle applies?

  1. The reference is void for uncertainty and the provision fails
  2. The reference must be read as the Central Government
  3. The reference requires a fresh amendment to be effective
  4. The reference means the State Government concerned having jurisdiction over the matter Correct answer.

Explanation

Section 3(60) of the General Clauses Act, 1897 provides that 'State Government' means the Government of the State concerned in relation to the matter. Courts read such references contextually to the State having legislative or executive competence.

Question 47Interpretation of Statutes

A statute passed in 1950 uses the word 'telegraph'. A court must decide whether it covers modern mobile telephony. Which approach best reflects settled interpretive practice?

  1. The word is read as a living term capable of covering later technological developments of the same nature Correct answer.
  2. The word applies only to government-owned telegraph offices
  3. The word must be struck down as obsolete
  4. The word is frozen to 1950 technology and excludes mobile phones

Explanation

Statutes dealing with evolving subjects are construed as 'always speaking', so generic terms extend to later developments of the same kind. This is the principle applied in cases concerning telegraphs and telecommunications.

Question 48Interpretation of Statutes

A statute imposes a penalty on a person who 'sells adulterated food'. The provision is penal in nature. How should the court construe the word 'sells'?

  1. Equitably, to include gifts made in the course of business
  2. Strictly, so as to cover only transactions clearly within the natural meaning of sale Correct answer.
  3. Purposively, to include barter regardless of the statutory language
  4. Broadly, to include every possible commercial dealing

Explanation

Penal provisions are construed strictly, and the court will not extend their reach beyond what the words plainly require. Any ambiguity in a penal statute is resolved in favour of the person charged.

Question 49Interpretation of Statutes

A taxing statute uses language capable of two reasonable meanings. How should the ambiguity be resolved?

  1. In favour of the assessee, since a taxing statute must be strictly construed Correct answer.
  2. In favour of the revenue authority to protect public funds
  3. By applying the mischief rule to maximise revenue
  4. By referring the matter to the legislature for clarification

Explanation

A taxing statute must be construed strictly; where the words are ambiguous, the benefit goes to the subject. There is no room for intendment in favour of the revenue.

Question 50Interpretation of Statutes

A provision exempts 'agricultural land' from a levy. The statute does not define 'agricultural land'. Which source will a court primarily look to for its meaning?

  1. The date of assent of the Act
  2. The ordinary meaning of the term as judicially understood, unless the context indicates otherwise Correct answer.
  3. The marginal notes of the section
  4. The preamble of the statute alone

Explanation

Where a term is undefined, courts adopt its ordinary and natural meaning, often as settled by judicial precedent. Context and the object of the statute may modify but do not displace the ordinary meaning.