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In India, which of the following courts are bound to follow previously decided judgments of the superior courts?
  • a)
    District Court
  • b)
    High Court
  • c)
    Supreme Court
  • d)
    All of the above
Correct answer is option 'D'. Can you explain this answer?

Gayatri Yadav answered

Explanation:

District Court:
- District Courts in India are bound by the decisions of the higher courts, such as High Courts and the Supreme Court.

High Court:
- High Courts are bound by the decisions of the Supreme Court, which is the highest judicial authority in India.
- High Courts also have the power to review their own decisions.

Supreme Court:
- The Supreme Court of India is the highest judicial authority in the country and its decisions are binding on all other courts.
- All other courts, including District Courts and High Courts, are obligated to follow the judgments of the Supreme Court.

Conclusion:
- In India, all courts, including District Courts, High Courts, and the Supreme Court, are bound to follow the previously decided judgments of the superior courts. This ensures consistency and uniformity in the application of law across the country.

Which of the following statements is true about customs without sanction?
  • a)
    They are binding in nature
  • b)
    They are non-obligatory in nature
  • c)
    They are recognized and enforced by the courts
  • d)
    They are applicable only to a particular region
Correct answer is option 'B'. Can you explain this answer?

Customs without Sanction

Customs without sanction refer to the unwritten rules and practices followed by a particular community without any legal backing. These customs are not enforced by the courts and are not legally binding.

True statement

The true statement about customs without sanction is that they are non-obligatory in nature. This means that individuals are not legally bound to follow them and may choose to deviate from them without any legal consequences.

Explanation

Customs without sanction are a part of customary law, which is the traditional way of regulating behavior in a community. These customs are based on the long-standing practices and beliefs of the community and are passed down from one generation to another.

Unlike laws that are passed by the government and enforced by the courts, customs without sanction are not backed by any legal authority. They are followed by individuals voluntarily and are not obligatory in nature.

While customs without sanction may not have legal backing, they are still an important aspect of society. They help to define the culture and identity of a community and provide a sense of continuity and stability. They also serve as a means of resolving disputes and maintaining social order.

Conclusion

In conclusion, customs without sanction are non-obligatory rules and practices followed by a community without any legal backing. They are an important aspect of customary law and help to define the culture and identity of a community. While individuals are not legally bound to follow them, they are still an integral part of society and play an important role in maintaining social order.

Which of the following is an example of autonomous law?
  • a)
    Laws made by the Executive
  • b)
    Laws made by local bodies
  • c)
    Laws made by judiciary
  • d)
    Laws made by universities
Correct answer is option 'D'. Can you explain this answer?

Autonomous Law:
Autonomous law refers to laws that are created and enforced by independent bodies or entities that are not part of the traditional legislative, executive, or judicial branches of government. These laws are often specific to a particular field or sector and are designed to regulate and govern the activities within that domain. One example of autonomous law is laws made by universities.

Laws Made by Universities:
Universities have the authority to establish their own rules and regulations, which are referred to as autonomous laws. These laws govern various aspects of university life, including academic policies, student conduct, campus safety, and administrative procedures. They are created by the university's governing bodies, such as the board of trustees or the academic senate, and are enforced by the university administration.

Importance of Autonomous Laws in Universities:
1. Autonomy: Universities have the autonomy to develop and implement their own policies and regulations that are tailored to their specific needs and objectives.
2. Academic Integrity: Autonomous laws help maintain academic integrity by establishing guidelines for plagiarism, cheating, and other forms of academic misconduct.
3. Student Conduct: These laws define behavioral expectations for students and outline disciplinary processes for violations of the code of conduct.
4. Intellectual Property: Universities have autonomous laws that protect intellectual property rights of faculty, researchers, and students.
5. Admissions and Graduation Requirements: Autonomous laws set criteria for admission into various programs and establish requirements for graduation.
6. Campus Safety: Laws related to campus safety and security, including protocols for emergencies and crime prevention, are also part of autonomous laws.

Distinguishing Autonomous Laws from Other Forms of Law:
While laws made by the executive, local bodies, and judiciary are important in their respective domains, they are not necessarily autonomous laws. These laws are created and enforced by government bodies and are part of the legislative or judicial processes. Autonomous laws, on the other hand, are specific to the entity or sector they govern and are independent of the traditional branches of government.

Conclusion:
Laws made by universities are an example of autonomous law. These laws are created and enforced by universities themselves, governing various aspects of academic and campus life. They provide universities with the flexibility and autonomy to establish rules and regulations that are tailored to their specific needs and objectives.

Which court(s) in India are bound by the decisions of the Privy Council?
  • a)
    Supreme Court
  • b)
    High Courts
  • c)
    District Courts
  • d)
    None of the above
Correct answer is option 'D'. Can you explain this answer?

Hansa Sharma answered
According to Section 212 of the Government of India Act, 1919, the law laid down by Federal Court and any judgment of the Privy Council was binding on all courts of British India. However, post-independence, the Supreme Court became the supreme judicial authority and the decisions of the Privy Council are no longer binding on any court in India.

According to the Constitution of India, who has the power to make law?
  • a)
    Judiciary
  • b)
    Executive
  • c)
    Legislature
  • d)
    President
Correct answer is option 'C'. Can you explain this answer?

Hansa Sharma answered
According to the Constitution of India, the power to make law is vested in the legislature. The Indian Parliament is the highest legislative body in India, which consists of the President, the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The Parliament has the power to make laws on any subject included in the Union List, which includes subjects of national importance such as defense, foreign affairs, banking, and communications.
Apart from the Parliament, the Constitution also empowers the state legislatures to make laws on subjects included in the State List, which includes subjects of local importance such as public health, agriculture, and local government.
The Constitution also provides for the delegation of legislative powers to other authorities such as the President, state governors, and local bodies such as municipalities and panchayats. However, such delegation of powers is subject to certain restrictions and can only be done within the framework of the Constitution.
In conclusion, the Constitution of India vests the power to make law in the legislature, which consists of the Parliament and the state legislatures.

What is the meaning of "Ratio decidendi"?
  • a)
    Binding part of a judgment
  • b)
    Persuasive part of a judgment
  • c)
    General observation of the judge
  • d)
    None of the above
Correct answer is option 'A'. Can you explain this answer?

Ojasvi Mehta answered
Ratio decidendi is the binding part of a judgment. It refers to the general principle which is deduced by the courts from the facts of a particular case. It becomes generally binding on the lower courts in future cases involving similar questions of law.

After independence, which legislation was adopted to abrogate old customary practices related to Hindu personal laws?
  • a)
    Hindu Adoption Act, 1955
  • b)
    Hindu Succession Act, 1956
  • c)
    Hindu Marriage Act, 1955
  • d)
    Hindu Minority and Guardianship Act, 1956
Correct answer is option 'B'. Can you explain this answer?

Hansa Sharma answered
After independence, the Hindu Succession Act, 1956 was adopted to abrogate old customary practices related to Hindu personal laws. This Act applies to all Hindus, including Buddhists, Sikhs, Jains, and to all other persons who are not Muslims, Christians, Parsis or Jews by religion. The Act provides for a uniform and comprehensive system of inheritance and succession for all property, whether self-acquired or ancestral, and applies to both males and females equally.
The Hindu Marriage Act, 1955, deals with marriage and divorce among Hindus, while the Hindu Adoption Act, 1955, regulates adoptions among Hindus. The Hindu Minority and Guardianship Act, 1956, deals with matters related to the guardianship of a minor and his/her property. While these Acts are important pieces of legislation related to Hindu personal laws, they do not directly address the issue of abrogating old customary practices.

Which of the following is an example of delegated legislation?
  • a)
    Laws made by the British Parliament
  • b)
    Laws made by the Indian Parliament
  • c)
    Laws made by the Executive
  • d)
    Laws made by local bodies
Correct answer is option 'C'. Can you explain this answer?

Gaurav Kumar answered
Delegated legislation is a class of subordinate legislation. The legislature delegates some of its law-making powers to executive organs, which are also termed delegated legislation.

What is the meaning of the term ‘legislation’?
  • a)
    Making of law
  • b)
    Enforcing of law
  • c)
    Interpretation of law
  • d)
    Amendment of law
Correct answer is option 'A'. Can you explain this answer?

Gaurav Kumar answered
The term ‘legislation’ is derived from the Latin word legis, which means ‘law,’ and latum, which means ‘to make’ or ‘set’.

What is the status of customs with regard to legislation in modern states?
  • a)
    They are preferred over legislation
  • b)
    They are of equal status as legislation
  • c)
    They are opposed to legislation
  • d)
    They must not be opposed or contrary to legislation
Correct answer is option 'D'. Can you explain this answer?

Anaya Patel answered
They must not be opposed or contrary to legislation. In any modern state, when a new legislation is enacted, it is generally preferred to customs. Therefore, customs must not be opposed or contrary to legislation.

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