Legal Studies: CUET Mock Test - 3 - Humanities/Arts MCQ

The Constitution of India under Article 145 empowers the Supreme Court to frame its own rules for regulating the practice and procedure of the court as and when required (with the approval of the President of India).

Only statement (R) is correct. Under Article 224 of the Constitution, the President appoints additional judges to a High Court due to a temporary increase in court business, not the CJI directly.

Judicial review is part of basic structure of Indian constitution which examines the constitutionality of legislative enactments. As the power of judicial review is one of the basic features of the Constitution, any legislation cannot override or curtail this power. Moreover, it has been ruled by the Supreme Court in various cases that the basic structure cannot be amended. So, option 3 is the correct answer.

Arunesh was entrusted with the gold plate and he misappropriated it to his own use, so he committed the offence of criminal breach of trust.

• International Covenant on Civil and Political Rights: Focuses on rights like free speech, assembly, and security.
• International Covenant on Economic, Social, and Cultural Rights: Addresses socio-economic rights such as the right to education and a decent standard of living.
• Convention on the Rights of the Child: Provides special safeguards and protection for children.
• Convention on the Elimination of All Forms of Discrimination Against Women: Aims to eliminate discrimination against women in all spheres.

In the inquisitorial system of law, judges are more pro-active in adjudicating the matter. Rather than acting as neutral judges, they have rights to inquire and probe into the matter, much like the police. The judge/decision maker also decides the manner in which the evidence must be presented before the court. For example, the judge may decide for presentation of a specific form of evidence, i.e. oral (witness statement) or documentary (correspondence between the parties through letters/emails) or a combination of both. The judge then evaluates the evidence presented before him/her and decides upon the legal claims. Therefore, this model of adjudication is also known as the interventionist/investigative model.

The dispute between Gopal and Pankaj can be best resolved by mediation, where a neutral third party facilitates a voluntary agreement between them. Unlike arbitration (binding) or conciliation (more advisory), mediation focuses on mutual resolution without imposing a decision.

Western thinkers influenced the definition of human rights like, John Locke, Jean-Jacques Rousseau, and Thomas Paine. The above lines were quoted by John Locke, who was one of the greatest philosophers in Europe at the end of the seventeenth century.

The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.
Article 30(1) states that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
Article 21 of the Indian Constitution provides that no one shall be deprived of his life or personal liberty without the procedure established by law. The right to leave or travel abroad and the right to return India are considered to be the part of article 21 of the Constitution.
Article 16 of the Indian Constitution guarantees equal opportunity to all citizens in matters related to employment in the public sector.

The principle applies only to state-recognized or aided institutions. Since it’s unclear whether St. Barbosa is private or state-aided, none of the options (A, B, C) can be definitively chosen based on the given facts. Thus, 'D' is appropriate.

The Union Government set up the National Commission for Minorities under the National Commission for Minorities Act, 1992. The National Commission for Minorities is vested with powers of a civil court. There are many grounds on which the Commission typically declines admitting the complaint. Firstly, it does not entertain or admit cases or complaints that do not relate to Minority status or rights. Secondly, the complaint should not be pending before another court or commission, i.e., matters that are sub judice. Thirdly, where the complainant has not availed of other ordinary judicial/quasi-judicial/administrative institutions that are available for redressal, the Commission does not admit such matters unless the complainant has reasonable justification. Fourthly, the complaint should not relate to events that are more than one-year old. Fifthly, the complaint should not be vague, anonymous, pseudonymous or frivolous. Lastly, the Commission does not entertain complaints that are not directly addressed to it.

The Advocates Act, 1961, establishes a State Bar Council in each state. Its functions include admitting advocates on its roll, determining cases of misconduct against advocates, and organizing legal aid. The regulation of the syllabus and content of the law degree falls under the Bar Council of India.

To be eligible for enrolment as an advocate under the Advocates Act, 1961, a person must be a citizen of India, at least 21 years of age, and hold an LLB degree from an Indian University. A foreign national may be enrolled on a reciprocal basis if their country allows Indian advocates to practice there, and their foreign degree may be recognized by the Bar Council of India. Thus, I and II are true, while III is false. The correct answer is A.

In India advertising by lawyers has been strictly restricted by the Bar Council of India. An advocate is prohibited from promoting himself through circulars, advertisements, touts, personal communications, interviews other than through personal relations, furnishing or inspiring newspaper comments or producing his photographs to be published in connection with cases in which he has been engaged or concerned. An amendment to this rule allows advocates to furnish certain information on their websites after intimating and taking approval from the Bar Council of India. However, only 5 pieces of information can be put up on the internet, i.e., (i) the name of the advocate or the firm, (ii) his contact details, (iii) details of enrolment with the Bar, (iv) his professional and academic qualification and (v) his areas of practice.

India ratified the International Covenant on Civil and Political Rights (ICCPR) in 1979, making A true. The ICCPR, under Article 14(3)(d), includes an explicit provision for free legal assistance in criminal cases when justice requires it, making R true. However, R describes a feature of the ICCPR, not the reason for India’s ratification, so it is not the correct explanation of A. Thus, the answer is B.

Under the Legal Services Authorities Act, 1987, the State Authority must implement the policies and directions of the Central Authority (Statement 1 is correct). However, the allocation of funds to State and District Authorities is a function of the Central Authority, not the State Authority (Statement 2 is incorrect). Thus, only Statement 2 is incorrect, and the answer is B.

(A) Correct: PIL has been used to address issues such as socio-economic rights and political reforms.
(B) Incorrect: PIL is not adversarial and aims for social change.
(C) Correct: PIL allows public-spirited citizens to bring matters before the court on behalf of others.
(D) Incorrect: PIL covers a wide range of issues, not just environmental cases.

The Vienna Convention on the Law of Treaties (VCLT) is an international agreement regulating treaties between states. Known as the "treaty on treaties", it establishes comprehensive rules, procedures, and guidelines for how treaties are defined, drafted, amended, interpreted, and generally operated. An international treaty is a written agreement between international law subjects reflecting their consent to the creation, alteration, or termination of their rights and obligations. The VCLT is considered a codification of customary international law and state practice concerning treaties.

Both statements I and II are true. The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (I is true). Its jurisdiction is based on the consent of the parties, either through voluntary submission or prior agreement (II is true). Thus, the correct answer is A.

No, the plea by Rama is not valid as the Act doesn't mandate any particular form of agreement.
The courts have settled the legal proposition that an arbitration agreement is not required to be in any particular form.

The author highlights arbitration’s lack of effectiveness, high cost, and slow evolution despite 23 years since the 1996 Act, questioning its potential as a reliable alternative to litigation. Option D aligns with this view, emphasizing arbitration’s current shortcomings. Option A is too optimistic, B overstates litigation’s permanence, and C lacks direct support from the passage. Thus, D is what the author would most agree with.

The passage frequently references arbitration clauses in agreements as a common practice encouraged by lawyers, suggesting they are a key enabler of arbitration. While an arbitration agreement (per Section 7 of the 1996 Act) is required, it need not be a pre-existing binding clause—parties can agree post-dispute. However, in the context of the passage, C (binding arbitration clause) is the most directly supported as a necessary component for enabling arbitration in practice.

Under Section 25 of the Arbitration and Conciliation Act, 1996, the arbitrator can terminate proceedings if the claimant (Suraj) fails to submit his statement of claim without sufficient cause. However, if the respondent (Chand) fails to submit his statement of defence, the arbitrator must continue the proceedings without treating this failure as an admission of the claimant’s allegations. Here, Chand is the respondent, so termination was not valid. Answer C is correct: Suraj’s statement as claimant allows proceedings to proceed.

Though it is mentioned as a question in the end of the third paragraph that an alternative would have to be reliable, fast, efficient and cost-effective, it can be inferred in the last paragraph that it fails as a proper alternative as it is not cost-effective. Cost-effectivity is mentioned twice and there is emphasis laid on the pendency of litigation.

• White-Collar Crimes involve financial crimes like theft, bribery, and tax evasion (3).
• Crimes against Property involve burglary, auto theft, and arson (1).
• Organized Crime involves groups controlling illegal goods and services (4).
• Crimes against Persons include murder, assault, and rape (2).

Under clause 2 of Article 124 of the Indian Constitution, the Chief Justice of India and the Supreme Court judges shall be appointed by the President of India. This is done to minimize the influence of any political executive on the Courts. This allows the Courts to be independent as no legislative or executive body would be able to influence the decisions taken by the Courts.

According to section 122 of TPA, a transfer of ownership of property that is made voluntarily and without consideration is called gift. Thus, no consideration is required in a gift.

• Battery involves physical harm to someone, like hitting them with a stick.
• Trespass to Land is unlawfully entering or damaging someone’s property.
• Trespass to Chattels refers to interfering with someone’s personal property, like using their car without permission.
• Assault involves causing fear of harm, such as threatening with violence.

Unliquidated damages can be defined as the sum of money that cannot be foreseen or assessed by a fixed formula. It is established by a judge in a court on the basis of approximation. Damages are categorised as unliquidated when the amount of damages is unidentifiable or subject to an unforeseen event that makes the amount not calculable.

According to Section 26 of the Indian Evidence Act, a confession made while in the custody of police is inadmissible unless made in the presence of a magistrate.