Judiciary & LLM MCQ – 25

Q.1. A part of which of the following sections of Indian Penal Code is declared unconstitutional and retained the remaining part by the Delhi High Court applying the Doctrine of Severability?

(a) S.309

(b) S.377

(c) S.376

(d) S.306

 

Q.2. Which of the following doctrines is based on the principle that a law which violates the Fundamental Rights is not null or void ab initio but becomes only un-enforceable?

(a) Doctrine of waiver

(b) Doctrine of severability

(c) Doctrine of eclipse

(d) None of the above

 

Q.3. ‘It is not open to the citizens to give up the Fundamental Rights guaranteed in the Constitution of India’. This doctrine is called____________________?

(a) Doctrine of waiver

(b) Doctrine of severability

(c) Doctrine of eclipse

(d) None of the above

 

Q.4. Which of the following doctrines is based on the rule that ‘you cannot do indirectly what you cannot do directly”?

(a) Doctrine of colourable legislation

(b) Doctrine of pith and substance

(c) Doctrine of repugnancy

(d) None of the above

 

Q.5. When there is a conflict between an Act made by the Parliament and a State legislature on the same subject, which of the following doctrines shall be applicable?

(a) Doctrine of colourable legislation

(b) Doctrine of pith and substance

(c) Doctrine of repugnancy

(d) None of the above

 

Q.6. Which of the following doctrines is used ‘to construe an earlier decision in a way so as to suit the present day needs, but in such a way that it does not create a binding effect upon the parties to the original case or other parties bound by the precedent’?

(a) Doctrine of colorable legislation

(b) Doctrine of pith and substance

(c) Doctrine of prospective over ruling

(d) None of the above

 

Q.7. Which of the following doctrines means “to stand by precedent and not to disturb the settled point of law”?

(a) Doctrine of stare decisis

(b) Doctrine of pith and substance

(c) Doctrine of prospective over ruling

(d) None of the above

 

Q.8. Audi aultrem paltrem means_____________________?

(a) No one should be condemned unheard

(b) When the thing speaks for itself

(c) It is a principle of extradition law

(d) None of these

 

Q.9. Res ispa loquitur means___________________________?

(a) No one should be condemned unheard

(b) When the thing speaks for itself

(c) It is a principle of extradition law

(d) None of these

 

Q.10. Volenti non fit injuria means__________________________?

(a) No wrong is done to one who consents

(b) No one should be condemned unheard

(c) When the thing speaks for itself.

(d) It is a principle of extradition law.

 

 

 

 

Answers:

1. Correct Answer: B

2. Correct Answer: C

3. Correct Answer: A

4. Correct Answer: A

5. Correct Answer: C

6. Correct Answer: C

7. Correct Answer: A

8. Correct Answer: A

9. Correct Answer: B

10. Correct Answer: A