| QUESTION SERIES

BP.
3

SEO
 A
4

LEC
ERRIALE
RATE ERE BELLATLL LEA ERELAL
TELE LEAL
EERE LUTE L
EE LE
CLLR LEER GER LAR A
ELE LEASE As
AAASALUSITTELE
CT
Perr rere ? Rs

REL

LER

TEL
SULT

LL.B.
ETL

LLL

LAE

ML
ERTS

CLUE

LER

LURG

LULL
RR

EL
DECI

ELELEL

TEL

INTERPRETATION
APA
ECE

ELLER
ERLE

TL

CLLLRELEL

ELEUDLECUUL

OF STATUTES
ELRTLLEELLLLE
RL
RUE

EERE

ELLA

eve

LE

LEE

Lt

OLELE

TARA

PF

EAL

EA

LEU

TERR

OBJECTIVE TYPE QUESTIONS

LUT

HALLER

LUE

(OMR)
REEL

TR

TEL

UMA

£5
BRERELLLTLLL

TEL
Te

LV

VLU
LOU

Expert Authors TAA

ALIEERAESELELELATLE

{PI~
UBLISHER) ml LE

LL

TET

KUMAR PUBLICATION LARUE

Fenn
EDUCATIONAL PUBLISHERS GIT

30/73, KIDWAI PARK, RAJA MANDI, AGRA -282002 ETE

EEIIREM MASHAAS EE ELL LEA LEE LE LO TRE SL LE 1 OE Ti EL I EULER PA TR

RRA PALES FALLS
BB
 - EEETERLELELELLEEALELERELER
LEER ELAN ELLER LLL LAR REL! AREATALATELLTU TE ALL $8 400 TETRA LCR ELAR ELE LE LE LE CRE AE RLRE LR ER LE RARE
RY

~> Publisher: Lalit Kumar Agarwal HELLELEETY

Kumar Publication
TELLEEERELLLEE

RELLY

LOune
30/73, Kidwai Park DLR

Raja Mandi, Agra-282 002

ER

LRAT
CELE

LT

ARE
Phone: ERLE

LL
ER
CEL
Mobile :
9897034932, 9897461761 LUEL

LE
CELLO

ALTELEELLRAT

PLAT

~> All rights reserved. No part of this publication may be

ELELLE

Rn reproduced, stored in retrieval system, or transmitted, in any LLTELAETEE

form, or by any means, electronic, mechanical, photocopying,

recording, or otherwise, without prior permission in writing from
TREE

terretTeLeLLy

the publisher. While every effort has been taken to avoid errors,
CEELLE

RL

the authors, publishers and their agents/dealers are not RRA

responsible for the consequences of any action taken on the

RL

TERR
RE

basis of this book.

RUE

EUR

EUR

LAL
TER

ERLLLER

ULL

EEE

TE

EEL

REL

ELL

LER

EEL

YS

UE

LHATEE LEAT

EEE
ELC

LLL
CELEL

ELLA

LETEEEELEELETALET
ATTA

~>» Laser Type Setting :

CELUELLE

LEE
Avon Graphics T
LATA

Gokulpura, Agra. 282002

EEE
CELE

ETATLEEALL

TEETER
ELL

TEL

ELUTE

ER

LE

RLLY
ERTL

ELE
LEE

CELE

~~
DEEL

EE
REL
Printer : L

LENE

Puja Offset Printers

LEE
AELERLLELL

LEEVEL

AhirPara, Agra
ERLE

CELELETEEEL

LA-
x
ELEC LLL ALLER LATE LEE LEER ELLER CEL RES ERR
HM
ERR RE
TEL ELL AL EERERE LEAL EL EERE EL
" CEEETL ELEC LEER LEAL EEE RRR ATE ER LERERS LEELA
 INTERPRETATION OF STATUTES

(Multiple Choice Types Questions )

1. Laws and regulations of every shor, various provisions of
law which permit, or prohibit the doing of something are
termed as :
(a) Statute (b) Mandate
(c) Order (d) Command. [Ans. (a)]
2. Which statute remains in force, until its repeal?
(a) Tempory statute (b) Prospective statute
(c) Retropective statute (d) Perpetual Statute. [Ans. (d)]
3. Which statute is concverned wth or applaying the laws in
future or at lest from the date of commmencement of the
statute?
(a) Temporary statute (b) Prospective statute
(c) Mandatory statute (d) Prepetual Statute. [Ans. (¢)]
4. Which Statute recommends a certain act or omissions, but
imposes no penalty on non-observance of its provisions?
(a) Temporary STatute (b) Prospective statute
(c) Mandatory (d) Directory statute. [Ans. (d)]
S. Which statute makes it lawful to do something,which would
not otherwise be lawful?
(a) Enabling statute (b) Prospective statute
(c) Retrospective statute (d) Perpectual statute.[Ans. (a)]
6. Which type of statute forbids are doing of certain thing?
(a) Temporary statute (b) Prohibitory statute
(c) Restropective statute (d) Consolidating statute.
. :

[Ans. (b)]
7. A statute which revokes or terminates another statute, is
termed as : :

(a) Repealing statute -(b) Mandaroty statute

(c¢) Restrosopective statute (d) Prepetual stature. [Ans. (a)]
8. “Interpretation is the art of finding out the trure sense of
any form or words; i.e. the sense which their author
intended to convery, and of enabling other to drive from
the the same idea which the author intended to convey.”
Whose definition is this?
(a) Grifithe and Street (b) Terry Woods
(c) Jagdish Swarup (d) Peer Leyland. [Anms. (¢)]
4 Kumar Question Bank
|

9. “Interpretations is the process by which the courts

determine the meaning of a statutory provision for the
purpose of applying it to. the situation before them.” Who
held such view?
(a) Rupert Cross (b) Torsten Gih}
(c) Jhon Basselt (d) Justice Lynch. [Ans. (a)]
10. If the words of the statute are clear and unambiguous,
whose duty is it give effect to the natural meaning of the
used in the provision?
(a) Proscution (b) The Court (Judiciary)
(c) Paties of case (d) Defense Counsel. [Ans. (b)]
11. "The interpretation of statute is a craft as much as a science
the judges select and apply the appropriate rules as the
tools of trade." whose obseruation is this ?
(a) Justice Lynch (b) Percy E. Corbertt
(¢) Sir Edward Coke (d) Jagdish Swaroop. [Ans. (d)]
12. If the words of an enactment are ambiguous in the sense
that they can resonably bear more than one meaning, who
would be justified in construing the words in a manner
which will make the particular provision purposeful :
(a) The Court (Judiciary) (b) Legislature
(c) Executive (d) Paties to the case.[Ans. (a)]
13. “The words of a statute are to be understood in the sense
in which they best harmonize with the subject of the
enactment and the object, which the legislature has in -
view.” Whose view is this?
(a) Winston Davis (b) Maxwell
’

(c) Piffener (d) Torsten Gihl. [Ans. (b)]

14. “Where the manifest purpose of the statute, as collaterally
revealed, is narrower than is express meaning, the court
will restict application of the statute to its narrower
purpose.” Who said so?
(a) Oppnehiem (b) SirAlfred Wills
(c) ScoltA Bonn :
(d) Reed Disckerson. [Ans. (b)]
15. According to which rule of interpretation, the task of the
court is to give a statute's words their literal meaning
regardless of whether the result is sensible or not?
(a) Golden Rule of Interperatation
(b) Literal Meaning Rule
(c) Mischeif Rule of Interpretation
(d) None of the above. ” [Ams. (b)]
 Interpretation of Statutes | 5
16. “Words and phrases of technical legistation are used in
their technical meaning, if they have acquired one, and
otherwise in their ordinanry meaning; and the pharses and
sentences are to be construed according to the rules of
grammer.” Who said so?
(a) Donalad Taft (b) Raymond Wright
(c) Maxwell (d) Bentham. [Ans. (c)]
17. Which rule of interpretation says that we must first try to
ascertain the intention of the legislature from the words
used, by attaching the ordinary meaning of the words on
the grammatical construction : adding nothing and omitting
-nothing and to give effect to the intention thus ascertained,
if the language is unambiguous, and Lo absurdity result:
(a) Goldern Rule of Interpretation
(b) Rule of Harmonious Construction
(c) Mischief Rule of Interperatation
(d) Literal meaning Rule. [Ans. (a)]
18. The golden rule of interpretation is that a construction,
which creates anomalous situation, should if possible, be:
(a) Accepted (b) Approved
©

(c) Established (d) Avoided.

©

[Ans. (b)]
19. According to which rule, a statute should be read as a whole
and one provision of the Act should be constrused with
reference to other provision on the same Act in order to
make a consistent enactment of the whole statute ?
(a) Rule of Harmonious Construction :

(b) Rule of Beneficial Construction

(c) Mischief Rule of Interpretiation
(d}. Golden Rule of Interpretation [Ans. (a)]
20. “When a defect appears, a judge cannot fold his hands and
blame the draftsman; he must also consider the social
conditions and give force and life to the intention of the -
legislature.” Whose observation is this ?
-
(a) Donald and Fessler (b) Lord Denning
(c) Salmond (d) KC Davis. [Ans. (b)]. -

21. According to which rule, “When a statute is meant for the

benefit of a particular class, and if a word in the statute is
capable of two meaning, one which would preserve the
benefits and one which would not, then the meaning that
preserves ‘the benefit must be adopted?”
(a) Rule of Harmnious Construction
(b) Rule of Beneficial Construction
6 Kumar Question Bank
|

(c) Mischief Rule of Interpretation]

(d) Golden Rule of Interpretation [Anms. (b)]
22. “The words take their colour from and are quantified by
each other, the meaning of the general words being
restricted to a sense analogous to that of the less general.
” Who said so ?
(a) Norton (b) Lawrence
7
)

(¢) Maxwell -
(d) Colderidge CJ. [Ans. (¢)]
23. Ejusdem Generis is a Latin term which means :

(a) Of the same kind (b) Ofthe same intention

(c) Of the same belief (d) Ofdifferend kind. [Ans. (a)]
24. According to which rule of interpraetation “general words
ought to be construed with refernce to the words, which
are immediately around them?”
(a) Golden Rule of Interpretation
.(b) Literal Meaning Rule
(c) Mischief Rule Interpretation
(d) Ruleof Ejusderm Generis. [Ans. (d)]
25. Which of the following maxims means,
“Express mention of one thing excludes all other?”
(a) Expressio unius est exclusio alterius
(b) De minimis non cural lex
(c) Causa proxima, on remota spectatur
(d) Delegata potestos non potest delegari. [Ans. (a)]
~

26. “Where a statute forbids the performance of certian thing,

only those things expressly mentioned are forbedden.”
Whose observation is this?
(a) SP sathe (b) Alfred Michael
(c) Earl Thedore Crawford (d) Bentham. [Ams. (c)]
27. Who says that, “Wherever there is discretion, there is
room for arbitriness, and that must be insecurity for legal
freedom; rule of law requires that the goverment should
be subject to the law, rather than the law be subject to the
goverment?”
(a) Oppernheim (b) Dicey
(¢) Donald Daft (d) Lord Atkin. [Ans. (d)]
28. The process of explaining, expounding and translating any
text or anything in written form in order to discovering
the true meaning of the lauguage which has been used in
the statute is temed as :
(a) Explanation (b) Clarification
(c) Interpretation (d) Amplification. [Ans. (¢)]
 Interpretation of Statutes | 7
29. According to which rule of interpretation, the only duty of
the court is to give effect if the language of the statute is
plain and has no business to look into the consequences
which might arise?
(a) Goldern Rule of Interpretation
(b) Literal Meaning Rule
(c) Mischief Rule of Interpretation :

(d) Rule of Ejusdem Generis. [Ans. (b)]

30. According to which rule of interpretation, when two or
more provision of the same statute are repugnant to each
other, then the court, if possible, will try to construe the
provision in such a manner as to give effect to both the
provisions by maintaning harmony between the two?
(a) Goldern Rule of Interpretation Y

(b) Literal Meaning Rule

(c) Rule of Harmonious Construction
.
(d) Rule of Ejusdem Generis. °
"

[Ans. (c)]
31. “The functions of the courts is only to expound and not to
legislate.” Whose observation is this?
(a) Justice GP Singh (b) George E. Berkley
(c) John Bassett (d) Justice Lynch. [Ans. (a)]
32. The process by which a court looks at a statue and
determines what it means is known as :
(a) Rationaization . (b) Statutory Interpretation
(¢) Elucidation (d) Amplification.
©

[Anms. (b)]
33. Who has’ stated “it cardinal principle of statutory
is a
©

construction that we must give effect, if possible, to every

clause and word of a statute?”
(a) George E. Berkley (b) George Wilber
(c) Justice Kleinfeld (d) KC Davis. [Ans. (¢)
34. “Interpretation is the art of finding out the true sense of
any form of the words; that is, the sense which their author
intended to convey; and of enabling other to derive from
the the same idea which the author intended to convey.”
Whose statement is this?
(a) Oppenheim (b) Professor Teson
(c) John Bassett (d) Cooley. [Ans. (d)]
35. According to which rule of interpretation, “judges are not
at liberty to add to or to take away from the letters of law?”
(a) Golden Rule of Interpretation
(b) Literal Meaning Rule
8 | Kumar Question Bank
(c) Mischeif Rule of Interpretation "
(d) Literal Meaning Rule. [Ans. (d)]
36. Which rule of interpretation is based on the assumption
that “the legislature does not intend certain objects and
any contruction leading to any of such object deserves to
be rejected?”
(a) Godlen Rule of Interpretation
(b) Literal Meaning Rule
(c) Mischief Rule of Interpretation
(d) Rule of Ejusdem Generis. [Ans. (a)]
37. The basis of which rule is that the court should be generous
towards the persons on whom benefits has been conferred
by the statute:
(a) Golden Rule of Interpretation
(b) Literal Meaning Rule
(c) Rule of Beneficial Construction
(d) Rule of Ejusdem Generis. [Ans. (¢)]
38. “Constitutional provision should bot be contrued in
isolation fronm all other parts of the Constitution but should
be constued to harmonize with those other parts.” Who
said so?
(a) Oppenheim (b) Kelly
(¢) Donald Taft (d) Coleridge Cl. {Ans. (b)]
39. Who says that: “Judgements show a behavior to reduce
the difference between beneficial and strict Interpretation;
all statutes are carefully interpreted while considering the
language used in them?”
(a) Oppenhecm (b) SirAlfred Wills
(¢) Maxwell (d) Justice Lynch. [Ans. (¢)]
40. The task of interpretation of a statutory provision is an
attmept to discover the intention of :
(a) Legislature (b) Judiciary
(¢) Bureaucrats (d) Cabinet Ministers.[Ans. (a)]
41. Which rule of statutory interpretation allows a judge to
depart from a word's normal meaning in order to aviod an
absurd result?
(a) Golden Rule of Interpretation
(b) Literal Meaning Rule
(¢) Rule of Harmonious Construction
(d) Rule of Ejusdem Generas. [Ans. (a)]
 Interpretation of Statutes | 9

42. “For the ejusdem rule to apply, the specific words must
constitute a category, calss of genus if they do consitute
such a category. class or genus, then only things which
belong to that category, class or genus fall within the
general words.” Whose veiw is this?
(a) Winston Davis (b) Phipson
(c) Pfifener (d) Lord Halsbury. [Ans. (d)]
43. Which of the following legal maxims means, ‘““A person
should be made to suffer penalty except for a clear breach
of existing law?”
(a) Nullapoenasinelege (b) Nemo judex in causa sua
(c) Audi alteram parten (d) Rebus sic stantibus.
:
[Ans. (a)]
44. The Latin maxim nulla poena sine lege means :
(a) Necessity knows no law (b) No penalty without a law
(c) Ignorance of a fact is an excuse
(d) False in one thing, false everything. [Ans. (b)]
45. “The settled rule of construction of penal sections is that
if there is a resonable interpretation which will avoid the
penalty in any particular case, we must adopt that
construction; anf if there are two resonable constructions,
we must give the more lenient one.” Whose statementECis
this?
(a) Wigmore (b) Lawrence oT
(c) Farrington (d) Lord Esher. [Ans. (d)]
46. When the Act affects the liberty of the subject, it should
be construed:
(a) Strictly (b) Softly
(c) Liberally: (d) Generously. [Ans. (a)}
47. “Where there is any reasonable doubt, it must be resolved
in favour of the person accused of violating the statute; all
questions in doubt will be resolved in favour of those from
whom the penalty is sought.” Who holds such view?
(a) Earl Thedore Craford (b) Lord Denning :

(c) Wade and phillips (d) William Healy. [Anms. (a)}

48. The general principle of criminal jurisprudence is that the
prosecution has to prove its case beyonal all resonable
doubt and the benefit of every resonable doubt should go
to:
(a) Prosecution (b) Withnesses
(c) Victim (d) Accused. {Ans. (d)]
 10 | Kumar Question Bank
49. “Where an enactment may entail penal consequences, no
violence must be done to its langauge to bring people within
it; care must by taken that no one is brought within it who
is not within its express language.” Whose statement is
this?
(a) Thomas Moore (b) Maxwell
(¢) Ferguson Parsons.
(d) [Ans. (b)]
50. Which of the following phrases is used to describe the
mental state; a person must be in, while committing a crime
for it to be intentional?
(a) Res judcicata (b) Volenti non fit injuria
(c) Mens rea (d) Ejusdem generis. [Ams. (¢)]
51. What determines whether someone committed a criminal
act purposefully or accidentally?
(a) Mens rea
(b). Amicus curiae
(c) A posteriori
(d) Actori incumbit probatio. [Ans. (a)]
52. What of the following maxims means,
“ An act is not criminal unless there is criminal intent?
(a) Igonantia facti exusat
(b) Necessitas non habel legem
~
(c) Fiatjustita ruat caelum
(d) Actus non facit reum nisi mens sit rea. [Ans. (d)]
“A statuory crime may or may not contain an express
definition of the necessary state of mind; it may require a
specific intention malice, knowledge, willfulness or
recklessness; it may also be silent as to any requirement
of means rea.” Who held such view?
(a) Winston Davis (b) Lowrence
(c) Johnm Basstt (d) Lord Halsbury. [Ans. (d)]
54. A person commits the actus reus of an offence, if he has
committed some act :
(a) Permitted by law (b) Mandated by law
(c¢) Accepted by law (d) Prohibited by law. [Ans. (d)]
"ss, “An fiscal statute has to be interpreted on the basis of
language used therein; no words ought to be added and
only the language used ought to be considered to acertain
the proper meaning and intent of the legislature.” Who
-
said so? :

(a) Lord Simonds (b) Tosten Gihl

(c) John Bassett (d) Justice Lynch. [Anms. (a)]
 Interpretation of Statutes | 11°
56. Which doctine provides that refernce to other statutes
dealing with the same subject or forming part of the same
system is a permissible aid to the construction of provision
in a statute?
(a) Doctrine of eclipse (b) Doctrine of severability
(¢) Doctrine of pari materia (d) Doctrine of lerritorial nexus.
[Ans. (¢)]
57. “When a single section of an Act of Parliament is introduced
into another Act, it must be read in the sense it bore in the
original Act from which it was taken.” Whose observation
is this?
(a) Oppenheim (b) Professor Teson
(¢) Justice GP Singh (d) SirAlfred Wills. [Ans. (c)]
58. “If the statute directs that certain acts shall be done in a
specified manner, or by certain person their performance
in any other manner than that specifalted, or by any other
person that one of those named, is impliedlyu
prohibited.” Whose observation is this?
(a) Earl Theodore Crawford(b) Hodson LJ
(c) Slamond (d) KC Davis. [Ans. (a)]
59. “In construing Acts of Parliament, we are to look not only
at the language of the preamble or of any particular clause,
but also at the language of the whole Act.” Who said so?
(a) Wililiam Feilden Craies (b) Lawrence
(c) Donald Taft (d) Coleridge CJ. [Ans. (a)]
60. “Mare technicalities should not be permitted to impede
the trial of a case, and so an interpretation, which is highly
technical or result in absurdity or injustice, is to be
avoided.” Who held so? :

(a) Wigmore (b) Sutherland

(c) Pfiferner (d) Maxwell. [Ans. (b)]
61. “The rule of construction evolved by the court to ascertain
the legislative intention is that it is presumed that a statute
has not taken away the prescriptive right unless it has
expressely or by necessary implication done so.” Who said
so?
- (a) Mathew Bacon (b) Professor Teson
(¢) Wadeand Phillips -
(d) Bentham. [Ans. (a)]
12 | Kumar Question Bank
62. “Recouse to the preamble is a key to open the minds of
the makers of the Act, and the mischief which they intend
to redress.” Who said so?
(a) Donald Taft (b) Chief Justice Dyer
(c) Wade and Phillips. (d) Benthem. {Ans. (a)]
63. What determines the legal effect of the words and writings
of the statute? :

(a) Construction (b) Manifestation

©
(c) Reflection (d) Discouse. [Ans. (a)]
64. A provision in a statute is mandatory, if omission to follow
it renders the proceeding to which it relates :
(a) Illegal and void (b) Legal and valid
(¢) Unacceptable (d) Voidable. [Ans. (a)]
65. “No universal rule can be laid down as to whether
mandatory enactments shall be considered directory only
or obigatory with an implied nullification for disobedience.”
Whose observations is this?
(a) Bentham (b) Woodroffe
(c) justice Hardeman ".(d)- Lord Campbell. [Ans. (d)]
66. “A mandatory statute may be defined as one whose
provisions or requirements, if not complied with, will
render the proceedings to which it relates illegal and void.”
Whose statement is this?
(a) Earl Therodore Craford (b) Lawrence
(¢) Farrington (d) Torsten Gihl.
[Ans. (a)]
67. “If it appers that Parliment intended disobedience to
render the act inualid, the provision in question is.
described as mandatory, absolute, imperative or obigatory;
if compliance was not intended to govern the validity of
what is done, the provision is said to be directory.” Who
said so?
(a) Woodroffe (b) Bentham
(¢) Lord Italsbury (d) Joseph Schumpeter.
[Ans. (c)]
68. “The word shall be not always decisive; regard must be
had to the context, subject matter and object of the
statutory provision in question in determining whether the
same is mandatory or directory’ Who said this ?
(a) Woodroffe (b) Bentham.
(c) William Feidern Craies (d) Joseph Sucumpeter.
[Ans. (c)]
 Interpretation of Statutes | 13
69. “The use of word ‘may’ in a statutory provision would not
by itself show that the provision is directory in nature; in
some cases, the legislature may use the word ‘may’ as a
matter of pure conventional courtesy and yet intent a
mandatory force.” Whose observation is this ?
(a) Lord Esher (b) Earl Theodore Crawford
(¢) JG Starke (d) Pfifinener. [Ans. (b)]
70. “The long title of an Act is a part of the Act and is
admissible as an aid to its construction.” Whose observation
is this?
(a) John Bassett (b) Torsten Gihl
“(c) Justice GP Singh (d) Justice Lynch. [Ans. (c)]
71. The note that is printed at the side of the section an Act
and summarizing the effect of the section, is temed us:
(a) Preamble of a statute (b) Heading prefixed to a section
(c) Marginal note (d) Punctuation. [Ans. (¢)]
72. “In the interpretation of statutes, the interpreter may call
to his aid all these external or historical facts, which are
necessary for comprehension of the subject matter.” Who
said so?
(a) Oppenheim (b) Maitland
(c) Maxwell (d) Justice Lynch. [Ans. (c)]
73. “The premble of the Constitution like the premble of any
statute furnishers the key to open the mind of the makers
of the Constitution; it is a part of the Consititution.” Whose
opinion is this?
(a) Maitland (b) Justice GP Singh
(c) Sir Edward Coke (d) Rosoce Pound. [Ans. (b)]
74. Such statutes whose provision are required to be followed
as they are, termed as :
(a) Mandatory statute (b) Directory statute
(c) Declaratory statute (d) Codifying statute. [Ans. (a)]
7s. Performance of mandatory enactment is legally binding
whereas the performance of directory enactments is :
(a) Indispensable (b) Necessary
(c) Discretionary -
(d) Imforative. [Ans. (b)]
14 | Kumar Question Bank
76. Where the limitation to do an act and its consequnces have
been expressed, such provision should be deemed :
(a) Instructive (b) Directory
(c) Declaratory (d) Mandatory. [Ans. (b)]
77. Provisions that relate to essence of a thing to done, that
is, matters of substance, are :
(a) Mandatory (b) Directory
(c) Declaratory (d) Informative. [Ans. (a)]
78. Various rules for determining when a statute might be
construed as mandatory and when directory are only aids
for ascertaning the true intention of :
(a) Judiciary (b) Administration
(¢) Government (d) Legislature. [Anms. (d)]
79. Who says, “It is impossible to lay down any general rule
for determining, whether a provision is mandatory as
directory?”
(a) Oppenheim (b) Lawrence
(c) Donald Taft (d) Maxwell [Ams. (d)]
80. “Provisions relating to the essence of the thing to be
. performed or to matters of substance, are mandatory and
those which do not relate to the essence and whose
compliance is merely a matter of converience rather than
of substance, are directory.” Who held such view?
(a) Winston Davis (b) Gabiel de Trade
(¢) John Bassett (d) Justice ynch. [Ans. (c)]
81. If the object of the law will be defeated by non-compliance
of legislative provision, it has to be regarding as :
(a) Mandatory statute (b) Directory statute
(¢) Declaratory statute (d) Enablingstatute. [Ans. (a)]
82. “The court may inquire into the purpose behind the
enactment of the legislation; the ordinary meaning of
language may be overruled of effectute the purpose of the
statute.” Whose observation is this?
(a) Sutherland (b) Gabriel de Tarde
(¢) Lord Sumer (d) Sumer Lynch. [Ans. (a)
83. In legal parlence, the power to exercise authority over
persons and things within a territory, is termed as:
(a) Mediation (b) Jurisdiction
(c) Arbitration (d) Adjudication. [Ans. (b)]
 Interpretation of Statutes | 15
84. “Jurisdiction is the power of the court over the subject
matter of the case, conveyed by statute of constitutional
provision, coupled with personal jurisdiction over the
parties.” Whose definition is this?
(a) Stephen (b) Torsten Gihl
(c) Justice Mosely (d) Justice Lynch. [Anms. (¢)]

85. In which kind of jurisdiction, territoral/georaphical limits

of a court's authority are clearly specified?
(a) Pecuniary jurisdiction (b) Territorial jurisdiction
~~

(c) Appellate jurisdiction (d) Original jurisdiction

~~

[Ans. (b)]
86. The jurisdiction limited by the extent of value of the subject
matter of suit is known as : :

(a) Admiralty jurisdiction (b) Territorial jurisdiction

~~

(¢) Concurrent jurisdiction (d) Recuniary jurisdiction

[Ans. (d]
87. The authority of a superior court to sit in appellate capacity
for re-examination of the decision of the power court by a
lower court is conferred by :
(a) Appellate jurisdiction (b) Territoial jurisdiction
~~

(¢) Concurrent jurisdiction (d) Pecuniary jurisdiction

:
[Ans. (a)]
88. When two different court have the authority to hear same
case, there is said to be :
(a) Appellate jurisdiction ~~ (b) Territoial jurisdiction.
(¢) Concurrent jurisdiction (d) Pecuniary jurisdiction:
[Ams. (c)]
89. Matters concerning the administrution of an estate
belonging to a dead person and it$ guardianship come
under :
(a) Pecuniary jurisdiction (b) Probate jurisdiction
(c) Appellate jurisdiction ~~
(d) Original jurisdiction
[Ans. (b)]
90. Acts enacted by Parliament commence when assented by:
(a) President of India (b) Prime Minister
(c) Speaker of Lok Sabha (d) Law Minister. ~~ [Ans. (a)]
16 | Kumar Question Bank
91. Abolition of one statute by another from the statute book
as completely as if it had never been passed, is termed as:
(a) Commencement of statute
(b) Repeal of statute
(c) Amendment of statute
(d) Revision of statute. [Ans. (b)]
92. “No statute shall be construed to have a retropective
operation unless such a construction appears very clearly
in the terms of the Act, or arises by necessary and distinct
implication.” Who said so?
(a) Oppenhiem (b) SirAlfred Wills
(c) Maxwell (d) justiceLunch. [Anms. (c)]

93. “If a statute is passed for the purpose of protecting the

public against some evil or abuse, it may be allowed to
operate retropectively, although by y such operation it will
deprive some person or persons of a vested right.” Who
siad so?
(a) William Feilden Craies (b) Lord Browne Wilkison
(c) Lord Stephen (d) Lord Wellington. [Ans. (a)]
94. Delegated legislation is also known as :
(a) Secondary Legislation
(b) Subordinate ligislation
(c) Both (a) and (b)
(d) None. [Ans. (c)]
95, When an instrument of legislative nature is made by an
authority in exercise of power delegated or conferred by
the legislature, it is called :
(a) Principle legislation (b) Subordinate legislation
(c) Conditional legislation (d) Primary legislation.
[Ans. (b)]
96. Delegated legislation is controlled by :
(a) Parliamentand judiciary (b) Lok Sabha Sperker
(c) Chirf Magisrate (d) Cheir Justice. [Ans. (a)]
97. Who may more a resolution on motion, if the matter
regarding delegation of power is urgent and immediate,
and reply of the government is unsatisfactory?
(a) Law Minister (b) Any Members of Parliament
(c) District Magistate (d) Cheif Justice. [Ans. (b)]
 Interpretation of Statutes | 17
98. “Delegatee must act in good faith, resonably, intra vires
the power granted, and on relevant consideration of
material facts. All his decisions must be in harmony with
the Constitution and other laws of the land.” Whose
statement is this?
(a) Bentham (b) Fenwick
(¢) Lord Russell (d) Rescoe Pound. [Anms. (¢)]
99. “While the real law-making power may not be delegated,
a discretionary authority may be granted to executive and
admisitrative authorities.” Whose observation is this ?
(a) Opperheim (b) Justice Khanna
(c) Austin (d) Bentham. [Ans. (b)]
100. Who observed, “There is nothing in the words of Article
312 which takes away useal power of delegation, which
ordianarily resides in the legislature?”
"

(a) Justice Santhanam (b) Justice Rangaswamy

(c) Justice KN Wanchoo (d) Justice Beg. [Anms. (c)]
101. Who said that, “Delegated legislation is a growing child,
called upon to relieve the parent of the strain of overwork
and capable of attending to minor matters, while the parent
manages the main business?”
(a) Oppenhiem (b) Sir Cecil Carr
(c) Dicey (d) IvorlJennnings. [Ans. (b)]
102. Where the delegated power does not include power to do
certain things, it is knows as :
(a) Negative delegation (b) Exceptional delegation
(c) Positive delegation (d) Regulation. [Ans. (a)]
103. What of the following may be enacted by exercising
delegated power ?
(a) Rules and regulations (b) By-laws
(c) Local laws (d) All of the above. [Anms. (d)]
104. Whe said, “Subordinate legislation is that which proceeds
from any aouthority other than the sovereign power and
is, therefore, dependent for its continued existence and
validity on some superior or supreme authority?”
(a) Winston Davis (b) Lawrence
(c) Sir John Slamond (d) Trosten Gihl. [Ans. (c)]
10S. Rajya Sabha Committe on Suborniate legislation consists
of :
(a) Eight members (b) Fifteen members
(c) Nine members (d) Twelve members [Ans. (b)]
18 | Kumar Question Bank
106. Who has stated, “Delegated legislation is an expression
which covers a multitude of confusion; it is an excuse for
the legislators, a shield for the administrators and a
provocation to the constitutional jurists?”
(a) Winston Davis (b) Lawrence
(c¢) Justice PB Myukerjee (d) Justice Beg. [Ans. (a)]
107. Which doctrine is applied when any action taken by an
administrative body is such that no reasonable authority
would have taken such mearures to fulfill the objectives?
(a) Doctrine of Colourble legilation
(b) Doctrine of Proportionality
(c) Doctrine of paith and substance
(d) Doctrine of eclipse. [Ans. (b)]
108. “Judicial creativity is permissible in the common law but
not in relation to statutory legislation; judicial activism must
operate within the consensuses and where there is no
consensus, judges should not act creatively.” Who siad n
so? emma

(a) Lord Devlin (b) George E. Berkley

(c) Scott ABonn (d) Justice Lynch. [Ans. (a)]
109. “The court will not extend the law beyond its meaning to
take are of a broader legislative purpose.” Whose
observation is this?
(a) Reed Diskerson (b) LD White
(c) Lombroso (d) Justice Lynch. [Ans. (a)]
110. “With a view to see that judicial activism does not become
‘Judicial adventurism’; the court must act with caution and
proper restraint.” Whose statement is this?
(a) Justice Augustine Paul (b) Justice AS anand
(c) Patrick Fagan (d) Bentham. [Ans. (b)]
111. “When an instrument of legislative nature is made by an
authority is exercise of power delegated or conferred by
the legislature, it is called subordiante legilation.” Whose
definition is this? ey

(a) Lord Halsbury (b) Terry Woods

(c) Taylor (d) Peer Leyland. [Ans. (a)]
112. Delegated legislation enables the exeutive to experiments;
if the rules and regulations are found to be satisfactory,
they can be implemented successfully and if they are found
to be defective, the defects can be cured immediatey.”
Who said so?
(a) Justice Fazal Ali (b) Torsten Gihl
(c) John Bassett (d) Justice Lynch. [Anms. (a)]
 Interpretation of Statutes | 19
113. Philosophy of judicial decision-making whereby judge allow
their personal views about public policy, among other
factors, to guide their decisions, is termed as :
(a) Judicial activism (b) Judicial accountability
(c) Delegated authority (d) Judicial adventursim.
[Anms. (a)]
114. The jurisdiction in which a superior court has power to
correct legal errors made in a lower court, is termed as :
(a) Concurrent jurisdiction (b) Summary jurisdiction
(c) Appellatejurisdiction ~~ (d) Pecuniary jurisdiction
[Ans. (c)]
115. The Supreme Court has :
(a) Original Jurisdiction (b) Appellate Jurisdiction
(c) Advisory jurisdiction (d) All of the above. [Ans. (d)]
116. Which Court exercies an extensive original jurisdiction
for enforcement of Fundemental Rights under Article 32
of the Constitution? ~

(a) Supreme Court (b) High Court

(c¢) Commissinoner's Court (d) Revenue Court. [Ans. (2)]
117. Under the Arbitration and Conciliation Act, 1996
International Commercial Arbitration can be initiated in :
(a) Supreme Court (b) High Court
(c) District Court -
(d) Bankruptcy Court.[Ans. (a)]
118. In which court, special leave to apperal under Article 136
of the Constitution can be filed from any judgement,
decree, determination, sentence or order?
(a) Supreme Corut (b) HighCourt
(c) District Court (d) Revenue Court. [Ans. (a)]
119. Under Article 129 and 142 of the Constitution, which court
has been vested with power to punish for contempt of Court
including the power to punish for contemple to itselt?
(a) Supreme Court
(b) Cental A Iministrative Tribunal
(c) Bandruptcy Court
(d) Sessions Court. [Ans. (a)]
120. The method by which the true sense of the meaning of the
word is understood, is termed as :
(a) Interpretation (b) Debate
(c) Deegation (d) Agrument. [Ans. (a)]
20 | Kumar Question Bank
121. Which dortrine would apply to pre-Constitution Laws?
(a) Docrtine of colourble legislation
(b) Doctrine of eclipse
(¢) Doctrine of pith and substance
of proportionlly.
(d) Doctrine |
[Ans. (b)]
122. Which Article of the Constitution provides that “no person
shall be prosecuted and punished for the same offence more
than once?”
(a) Article24 (b) Article21
(c) Article22 (d) Article 15.
[Ans. (b)]
123. Which docrtine comes into while he the legislature
purporting to act within its power, but in reality it has
transgressed those powers?
(a) Doctrine of colourable legislation
(b) Doctrine of ec¢lipse
(c) Docrtrine of territorial nexus
(d) Doctrine of proportionlity. [Ans. (a)]
124. Which dortrine states that, “Whatever legislature cannot
do directly, it cannot do indirectly?”
(a) Doctrine of merger
(b) Doctrine of eclipse
(c) Doctrine of colourable legislation
(d) Doctrine of prooritonally. [Ans. (¢)]
125. Which doctrine acts as a safeguard to solve disputes arising
between the states and the Union?
(a) Doctrine of repugnancy
(b) Doctrine of propotionality
(c) Doctrine of pith and substance
(d) Doctrine of eclipse. [Ans. (a)]
126. Where a law passed by the State Legislature while being
substanially within the scope of the entiers in the State
List entrenches upon any of the Entries in the Central
List, the constitutionality of the may be upheld by invoking
the doctrine of :
(a) Pith and substance (b) Eclipse
(c) Colourable legislation (d) Proporionality.
~~
[Ans. (a)]
~~
Interpretation of Statutes | 21
127. According to which doctrine, higher court restrict the
operation of the overuled decision to future cases only
and not to previously decided cases?
+

(a) Doctrine of merger

(b) Doctrine of eclipse
(¢) Doctrine of prospective overruling
(d) Doctrine of indivisility. [Ans. (c)]
128. Which court has the consititutional jurisdiction to declare
law binding on all the court in India?
(a) High Court (b) Supreme Court
(c) Administrative Tribunal (d) Revenue Court [Anms. (b)]
129. Which doctrine is applied when the legislative competence
of the legislature with regard to a particular enactment is
challenged with reference to the entries in various lists?
-

(a) Doctrine of repugnancy

of proportionality
(b) Doctrine
of pit and substance
(c) Doctrine
of eclipse.
(d) Doctrine [Ans. (¢)]
130. One of the proven methods of examining the legislative.-
competence of a legislature with regard to an enaetthent
is by the application of :
(a) Doctrine of pith and substance
(b) Doctrine of eclipse
(c¢) Doctrine of prospective overruling
(d) Doctrine of indivibility. [Ans. (a)]
131. The doctrine of pith and substance has to be applied in
cases of conflict between the powers of :
(a) Courts (b) Bureacrats
(c) Legislatures (d) Municiplalities. [Ans. (¢c)]
132. In the case of which doctrine, it is necessary for the courts
to go into and exmine the true character of the enactment,
its object, its scope and effect, to find out whether the
enactment in question is genuinely referable to a field of
the legislation allotted to the repective legislature :
(a) Doctrine of pith and substance
(b) Doctrine of eclipse
(¢) Doctrine of propective overruling
(d) Doctrine of indivisbility. [Ans. (a)]
 22 |
Kumar Question Bank
133. Who said, “If the executive and the legislature are the
same person or body of persons there would be a danger
of the legislature enacting oppressive laws which the
executive will administer to attain its own ends?”
(a) Oppenheim (b) Professor Teson
(c) John Bassett (d) Monterquiew. [Ans. (d)]
134. “Indian Constitution has not indeed recognized the dortine
of
separation of powers in its absolute rigidity; but the
functions of the different parts or branches of the
governement has been sufficiently differentiated.” Who
said so?
(a) Justice Ray (b) Justice Bhagwati
(c) Justice Mukerjee (d) Justice Punchee. [Ans. (c)
135. *“Sepration of powers is the part of the basic struture of
Constitution. None of the three seprate organs of the
-

republic can take over the functions assigned to the other.”

Who said so ?
(a) Justice Ray (b) Justice Bhagwati
(c) Justice Beg (d) Justice Verma. [Ans. (c)]
136. “When legislative power is united with executive
power
in a single person or in single body of the magistrates,
there is no liberty, because one can fear that same monarch
or senate that makes tyrannical laws will executive them
tyrannically.”
(a) Bledose & Boczek (b) LD White
(c) Montesquieu (d) Justice Lynch. [Ans. (c)]
137. According to which doctrine, the desicion of a higher court
within the same provincial jurisdiction acts as binding
authority on a lower court within that same jurisdiction?
(a) Doctrine of pith and substance
(b) Doctrine of eclipse
(c) Doctrine of indivisbility
(d) Doctrine of stare decisis [Anms. (¢)]
138. ‘Accoding to which dortine, if the legilature exessively
delegates its legislative function to any other authority,
such delegation will be held unconstitutional :
(a) Doctrine of excessive delegation
(b) Dortrine of eclipse
(c) Doctrine of prospective overruling
(d) Doctrine of indivisibility. [Ans. (a)]
 Interpretation of Statutes | 23
139. “The power of judicia review ony looks into the legality,
rationality and procedural property of the decision and not
into the contents, the quality or wisdom of the decision.”
Who said so ?
(a) Durga Das Basu (b) MP jain
(c) Subodh Markandeya (d) Upendra Baxi. [Ans. (a)]
140. “The most prominent object of judicial to ensure that the
authority does not abuse its power and the individual
receives just and fair treatment.” Who held such view ?
(a) Justice Mukerjee (b) Justice Thakkar
(c) justice Mishra (d) justice Beg. [Ans. (b)]
141. According to which doctrine, every law will be declared
invalid on the ground that it encroaches upon the subject
matter of another sphere?
(a) Doctrine of merger (b) Doctrine of eclipse
(c) Doctrine of prospective overruling
(d) Doctrine of pith and substance. [Ans. (d)]
142. Which doctrine is primarily used when a law is challenged
-on the basis that one level of government has encroached
upon the exclusive juridiction of another level of
government?
(a) Doctrine of colourable legislation
(b) Doctrine of occupied field
(c) Doctrine of pith and substance
(d) Doctrine of proportionality. [Ans. (c)]
143. Which doctrine applies only to pre-constitional laws and
does not apply to any post-constitution?
(a) Doctrine of pith and substance
(b) Doctrine of ecliphse
(c) Doctrine of stare decists
(d) Doctrine of indivisibility. [Ans. (b)]
144. Which doctrine is followed primarily to help ensure unifrom
justice and continuity in court decision and consistent
application of the law?
(a) Doctrine of stare decisis
(b) of proportionality
Doctrine
(c) Doctrine of pith and subtance
(d) Doctrine of eclipse. [Ans. (a)]
 24 |
Kumar Question Bank
145. “Following judical precedent also help to make the legal
and judicial sytems more efficient, as it precludes the need
for courts to examine the same legal issue over and over
agian with every similar case.” Which doctrine says so ?
(a) Doctrine of pith and substance
(b) Doctrine of stare decisis
(c¢)Doctrine of eclipse
(d) Doctrine of indivisibility. ~

[Anms. (b)]
146. The main objects of the Geneal Clauses Act, 1897,
include :
(a) Shorten the language of statutory enactments
(b) Provide for uniformity of expressions and common rules of
contruction
(c) incoporate certain standard clauses
(d) All of the above. [Ans. (d)]
147. The purpose in which Act is to place in one single statute
different provisions as regards interpretation of words and
legal Principle, which would otherwise have to be specified
separately in many different Acts and regulations:
(a) Indian Patents Act (b) Contempt of Courts Act
(c) General Clauses Act (d) Indian Easements Act.
.

[Ans. (¢)]
148. The term “barrister” within the meaning of General
Clauses Act means :
(a) Barrister of England (b) Barrister of Ireland
(c) Faculty of Advocates in Scotland
(d) All of the above. [Ans. (d)]
149. “Consular officer” shall include :
(a) Consul-general (b) Consul, vice-consul
(¢) Consular agent, pro-consul
(d) All of the above. [Ans. (d)]
150. If a statutory provision is open to more than one
interpretation, who has to choose that interpretation which
represents the true intention of the legislature :
(a) State Government (b) The Court (Judiciary)
(c) Bureaucrats (d) Prosecution. [Ans. (b)]
151. When a statute remains effective for a specified duration,
such statute is termed as :
(a) Temporary Statute (b) Mandatory Statute
(c) Retrospective Statute (d) Perpetual Statute. [Ans. (d)]
 Interpretation of Statutes | 25
152. If a statute expressly provides that it should be deemed
to have come into effect from a past date, such statute is
termed as :
(a) Directory statute (b) Prospective statute
(c) Retrospective statute (d) Perpetual statute. [Ans. (c)]
153. Which statute compels performance of certain acts and
direct that a certain thing must be done in a certain manner
or form ?
(a) Temporary Statute (b) Mandatory Statute
(c) Retrospective Statute (d) Perpetual Statute. [Ans. (b)]
154. Which kind of statute restricts or cuts down right under
the existing law ?
(a) Temporary Statute (b) Prospective Statute
(c) DisablingStatute (d) Perpetual Statute. [Ans. (¢)]
155. Which statute re-enacts and repeals particular legal subject
matter, which was previously contained in several different
statutes ?
(a) Temporary Statute (b) Prospective Statute
(c) Consolidating Statute ~~ (d) Perpetual Statute. [Ans. (b)]
156. Which statute makes changes in the original law to effect
and improvement or to more effectively carry out the
purpose for which the original law was passed ?
(a) Temporary statute (b) Prospective Statute
*

(¢) Amending Statute (d) Perpetual Statute. [Ans. (¢)]

157. “The process by which a judge or indeed any person, lawyer
or layman, who has occasion to search for the meaning of a
statute, constructs from the words of a statute book a
meaning which he either believes to be that of the
legislature, or which he propose to attribute to it, is called
interpretation.” Whose definition is this ?
(a) Winston Davis (b) Elliot Merrill
(c) Christopher Greenwood (d) John Chipman Gray.
[Ans. (d)]
158. In which situation, the necessity of interpretation arises ?
(a) Ambiguous language of statutory provision
(b) Possibility of two views
(c) Provision giving different meaning defeating the object of
statute
(d) All of the above situation. [Ans, (d)]
26 |
Kumar Question Bank
159. If a statutory provision is open to more than one
interpretation, the court has to choose that interpretation
which represents the true intention of :
(a) The Court (Judiciary) (b) Legislature
(¢) Executive (d) Parties to the case.
[Ans. (b)]
160. The process of ascertaining the true meaning of words Lo

used in a statute, is termed as : ——

(a) Deliberation (b) Statutory Interpretation

(c) Reflection (d) Consideration. [Ans. (b)]
161. Who has to administer and.apply accurately the precise of
the relevant statutory enactment ?
ee

(a) The Court (Judiciary) (b) Legislature

(c) Executive (d) Prosecution Counsel.
[Ans. (a)]
162. “The court will adhere closely to the literal meaning of
the statute and infer nothing that would extend its reach.”
Whose statement is this ?
(a) Reed Dickerson (b) Professor Teson
(c) John Bassett (d) SirAlfred Wills. [Ans. (a)]
163. The language employed in a statute is the determinative
factor of :
(a) Bureaucratic intent (b) Judicial intent
(c) Secular intent (d) Legislative intent. [Ans. (d)]
164. Parliamentary intention may be gathered from several
-

sources including :
(a) Statute; preamble and statement of objects and reasons
(b) Parliamentary debates
(c) Reports of commissions
(d) All of the above. [Ans. (d)]
165. The court should interpret the statute in the normal way,
keeeping in mind the objectives of :
(a) Social reform (b) Majority view
(c) Statute concerned (d) Perhl reform. [Ans. (¢)]
166. Which rule of interpretation aims at finding out thee mischief
and defect in a statute and implements a remedy for the
same ?
(a) Golden Rule of Interpretation
(b) Literal Meaning Rule
(¢) Mishcief Rule of Interpretation
(d) Rule of Harmonious Construction. [Ans. (c)]
 Interpretation of Statutes | 27
167. Which rule of interpretation is beneficial in avoiding
pa
inconsistency or repugnancy either within a section or
between a section and other parts of the statute ?
(a) Golden Rule of Interpretation
(b) Literal Meaning Rule
(¢) Mishcief Rule of Interpretation
(d) Rule of Harmonious Construction, [Ans. (d)]
168. Which rule says that, “When there are two or more
possible ways of interpreting a section or a word, the
meaning that gives relief and portects the benefits, which
are purported to be given by the legislation, should be
chosen?”
(a) Golden Rule of Interpretation
(b) Literal Meaning Rule
(c) Mishcief Rule of Construction
(d) Rule of Beneficial Construction. [Ans. (d)]
169. “When two or more words susceptible of analogous
meaning are coupled together, they are understood to be
used in their cognate sense.” Whose observation is this ?
(a) Maxwell (b) LD White
(c) Lombroso (d) Justice Lynch. [Ans. (a)]
170. “In order to ascertain the meaning of any word or phrase
that is ambiguous or susceptible to more than one
meaning, the court may properly resort to the other words
with which the ambiguous word is associated in the
stature.” Whose view is this ?
(a) Winston Davis (b) Ealy Theodore Crawford
(c) Pfifferner (d) Torsten Gihl. [Ans. (b)]
171. The art of finding out the true sense of an enactment by
giving the words of the enactment thier natural and ordinary
meaning, is termed as:
(a) Debate (b) Statutory Interpretation
(c) Discussion (d) Adjudication. [Ams. (b)]
172. Which of the following rules of interpretation reconciles
any inappropriatenes between specific and general words
so that all words in a statute can be given effect and no
word becomes superfluous ?
(a) Golden Rule of Interpretation
(b) Rule of Ejusdem Generis
28 | Kumar Question Bank
(c) Mishcief Rule of Interpretation
(d) Literal Meaning Rule. [Ans. (b)]
173. “If a statute enumerates the things upon which it is to
operate, everything else must necessarily, and by
implication, be excluded from its operation and effect; if
the statute in question enumerates the matter over which
a court has jurisdiction, no other matters may be included.”
Whose Statement is this ?
(a) Justice Augustine Paul (b) Bandura
(c) Patrick Fagan (d) Earl Theodore Crawford.
[Ans. (d)]
174. “If the statute directs that certains acts shall be done in a
specified manner, or by certain person, their performance
in any other manner than that specified, or by any other
person than one of those named, is impliedly prohibited.”
Who said so ?
(a) Earl Theodore Crawford
(b) Professor Teson :

(c) Wade are Phillips (d) Bentham. [Ans. (a)]

175. “Consolidation is the reduction into a systematic from of
the whole of the statute law relating to a given subject.”
Who siad so ?
(a) Donald Taft (b) William Feilden Craies |
(¢) Wade and Phillips (d) Bentham. [Ans. (b)]
176. “Interpretation the process by
is which the court seeks to
ascertain the meaning of the legislature through the
medium of authoritative forms in which it is expressed.”
Whose definition is this ?
(a) Justice Lynch (b) Percy E. Corbett
(¢) Sir Edward Coke (d) Salmond. [Ans. (d)]
177. In view of which rule, if the interpretation given through
the literal rule leads to ambiguity, injustice, inconvenience,
hardship, inequity, then the literal meaping shall be
discarded and interpretation shall be done in such a manner
that the purpose of the legislation is fulfilled :
~

(a) Rule of Harmonious Construction

(b) Rule of Beneficial Construction
(c) Mischief Rule of Interpretation
(d) Golden Rule of Interpretation. [Ans. (d)]
 Interpretation of Statutes | 29
178. The fundamental principle of statutory interpretation is that
the words of a statute should be read in their entire context
and in their grammatical and ordinary sense harmoniously
with :
(a) Scheme of the Act (b) Object of the Act
(c) Intention of the legislature
(d) All of the above. [Ans. (d)]
179. “While cases occasionally focus on a few key words or
phrases, judges may occasionally turn to viewing a case in
its whole in order to gain deeper understanding. The totality
of the language of a particular case allows the Justices
presiding to better consider their rulings when it comes
to they key words and phrases.” Who said so ?
(a) Oppenheim (b) George E. Berkley
(c) Brannon, Valerie (d) Justice Lynch. [Ans. (c)]
180. The process of resolving ambiguities in a statute and
deciding how a particular law will apply in a particular case,
is termed as : :

(a) Velidation (b) Justification

(c) Substantiation (d) Statutory Interpretation.
[Ans. (d)]
181. “The process by which a judge (or indeed any person,
lawyer or layman who has occasion to search for the
meaning of a statute) constructs from the words of statute
book a meaning which he either believes to be that of a
legislature or which he proposes to attribute to it, is called
interpretation.” Whose observation is this ?
(a) Gray (b) LD White
(c) Lombroso (d) Justice Lynch. [Ans. (a)]
182. “The intention of the legislature is a very slippery phrase
and is difficult of being comprehended in a straight jacket
formula.” Who said so ? ~~

(a) Oppenheim (b) Lord Waston .

:

(¢) Donald Taft (d) Coleridge CJ. [Ans. (b)]

183. Which rule in interpertation says, “courts camnot, read
anything into statutory provision, which is plain and
unambiguous ?”
(a) Rule of Harmonious Construction
(b) Rule of Beneficial Construction
(¢) Mischief Rule of Interpretation
(d) Literal Meaning Rule. [Ans. (d)] -
30 | Kumar Question Bank
184. Which rule of interpretation is adopted in those cases where
arisesa conflict between two or more statutes or between
the two provisions of the same statute ?
(a) Rule of Harmonious Construction
(b) Rule of Beneficial Construction
(¢) Mischief Rule of Interpretation
(d) Golden Rule of Interpretation. : [Ans. (a)]
18S. "Who has to examine the circumstances surrounding the
provision, laws, other writings, verbal agreements dealing
with the same subject matter, and the probable purpose of
the unclear phrase in order to conclude the proper meaning
of such words ?
(a) Prosecution (b) Victim of the crime
(c) The Court (Judiciary) (d) Defence Counsel.[Ans. (c)]
186. According to which rules when there are two or more
possible ways of interpreting a section or a word, the
meaning that gives relief and protects the benefits, which
are purported to be given be the legislature, should be
chosen ?
(a) Rule of Beneficial Construction
(b) Mischief Rule of Interpretation
(¢) Golden Rule of Interpretation
(d) Rule of Harmonious Interpretation. [Ans. (a)]
187. “We sit here to find out the intention of Parliament and
Ministers and carry it out and we do this better by filling
in the gaps and making sense of the enactment than by
opening it up to destrutive analysis.”. Whose Statement is
this ?

(a) Oppenheim (b) Professor Tenson

(c) John Bassett (d) Denning, LJ. [Ans. (d)]
188. “If the language used has a natural meaning we cannot
depart from the meaning unless, reading the statute as a
whole, the context directs us to do so.” Whose observation
is this ?
(a) Donald and Fessler (b) Viscount Haldane
-

(c) Salmond (d) KC Davis. [Ams. (b)]

189. According to which rule “where in a statute there are
general words following particular and specific words, the
"gener al words must be confined to things of the same kind
as those specified, although this, as a rule of construction?”
(a) Golden Rule of Interpretation
(b) Literal Meaning Rule
(¢) Rule of Ejusdem Generis
(d) Rule of Harmonious Construction. [Ans. (¢)]
 Interpretation of Statutes | 31
190. Which maxim suggests that, “A person cannot be tried for
an alleged offence unless the legislature has made
punishable by law?” it
(a) Quid pro quo (b) Necessitas non habet legem
(¢) Nullapoenasinelege (d) Novus actus interveniens.
[Ans. (¢)]
191. “The solidity of a State is very largely bound up with its
judicial dicisions.” Whose statement is this ?
(a) Marcus Tullius Cicero (b) Woodroffe
(¢) Justice Hardeman (d) Lombrose. [Ans. (a)]
~

192. Provisions of substantive criminal law, which are primarily

penal in nature, are subjected to rule of :
(a) Liberal interpretation (b) Strict interpretation
~~

(c) Moderate interpretation (d) Losse interpretation.

[Ans. (b)]
:

193. “Although penal statutes should be construed strictly

unlike remedial statutes, which should receive liberal
construction, nonetheless, penal provisions must receive
fair construction according to the legislative intent.”
Whose view is this ?
(a) AE Zimmer (b) Lawson
(¢) William Feilden Craies (d) DE Smith. [Ans. (0)]
194. “The distinction between a strict and a liberal construction
has almost disappeared with regard to all classes of
statutes; and the statutes, whether penal or not, are now
construed by substantially the same rules.” Who holds such
view ? :

(a) Neil Hawke (b) William Feilden Craies

(c) Lord Denning
©

(d) WilliamHealy. [Ans. (b)]

195. “Criminal and penal statutes msut be strictly construed;
that is, they cannot be enlarged or extended by intendment,
implication, or by any equitable considerations.” Whose
observation is this ?
(a) AE Zimmer (b) Sur Frederick Pollock
-
(¢) Earl Theodore Crawford
(d) Powell. [Ans. (¢)]
32 | Kumar Question Bank
196. “If there is no ambiguity, and the act or omission in question
falls clearly within the mischief of the statute, the
construction of a penal statute differs little, if at all, from
that of any other.” Who said so 7
(a) Maxwell (b) Bentham
(c) Emerson (d) Joseph Schumpeter.
[Ans. (a)]
evil
197. “There can be no crime large or small, without an
mind. It is therefore a principle of our legal system that
the essence of an offence is the wrongful inient, without
which it cannot exist.” Whose observation is this ?
(a) Lord Esher (b) Bishop
(d) Pfiffener. [Ans. (b)]
(c) JG Starke
198. Actus reus represents the physical spect of crime and mens
rea represents :

(a) Social impact (b) Common impact

(c): Mental impact (d) Communal impact.
[Ans. (c)]
199. Which phrase means some blameworthy mental condition,
whether constituted by intention or knowledge or of
|
otherwise, the absence of which negatives the intention
a crime ?
(a) Mens rea (b) A mensa et thoyo
posteriori (d) Absque hoc. [Ans. (a)]
(c) A

200. The Latin term actus reus literally means :

(a) Innocent act (b) Guilty act
(d) Negligent act. [Ans. (b)]
(c) Honest act
201. “In a Taxing Act, one has to look merely at what is clearly
said; nothing is to be implied and one can only look fairly
at the language used.” Whose statement is this ?
(a) Griffith and Street (b) Terry Woods
(d) Peer Leyland. [Anms. (c)]
(¢) Rowlatt
202. Which phrase means when two provisions of two different
statutes deal with the same subject matter and form part
of the same subject matter must be construed with
reference to each other ?
(a) Absque hoc (b) Pari materia
(c) A mensa et thoro (d) Ejusdem generis. [Ans. (b)]
/
 Interpretation of Statutes | 33
203. “When the words of an earlier statute have got an
authoritative exposition by a superior court, use of the
same words in similar context in a letter Act gives rise to
a presumption that Parliament intends that the same
interpretation should also be followed for construction of
those words in later statutes.” Who helds so ?
(a) Oppenheim (b) Professor Teson
(c) John Bassett (d) Justice G P Singh.[Ans. (d)]
204. “If a statute enumerates the things upon which it is to
operate, everything’ else must necessarily and by
implication, be excluded from its operation and effect.”
Who said so ?
(a) Donald Taft (b) Raymond Wright
(¢) Earl Theodore Crawford
(d) Bentham. [Ans. (¢)]
205. “There are three points to be considered in the
construction of all remedial statutes; the old law, the
mischief and the remedy: that is, how the common law stood
at the making of the Act; what the mischief was, for which
the common law did not provide; and what remedy the
parliament had provided to cure this mischief.” Whose
observation is this ?
(a) Phipson (b) William Blackstone
(c) Lombroso (d) Justice Lynch. [Anms. (b)]
206. “A statute is designed to be workable, and the
interpretation there of by a court should be secure that
object, unless crucial ommission or clear direction makes
that end unattainable.” Whose statement is this ?
(a) Justice Augustine Paul (b) Bandura
(¢) Lord Dunedin (d) Bentham. [Ans. (¢)]
207. The constitutionality of an ambiguous statute is a question
of and a matter of construction within the province of :
(a) Legislature (b) Constitutional Bench
(¢) The Court (Judiciary) (d) Ministry of law. [Ans. (c)]
208. The process of legal exposition which determines the
sense and explanation of abstruse terms, writings etc. in
the statute and draws a conclusion on the basis of logical
‘resoning, is termed as :
(a) Discussion (b) Dialogue
(c) Deliberation (d) Construction. [Ans. (d)]
34 Kumar Question Bank
|

209. “In the construction of statutes their words must be

interpreted in their ordinary grammatical sense unless
there be something in the, context or in the object of the
statute in which they occur or in the circumstances in which
they are used, to show that they were used in a special
sense different from their ordinary grammatical sense.”
Whose said so ?
(a) Donald Taft
(b) Lord Atkinson
(¢) Wade and Phillips
(d) Bentham. [Ans. (b)]
210. An enactment of a legislative body that indicates only what
should be done, with no provision for enforcement, is
termed as :
(a) Mandatory statute
(b) Directory statute
(c) Declaratory statute
(d) Codifying statute. [Ans. (b)]
211. “Where a statute contains a number of different provisions
regulating the manner in which something is to be done, it
often happens tha" some of these provisions are to be
treated as being airectory only, while others are to be
considered absolute and essential.” Whose observation
is this ?
(a) Oppenheim (b) Gabriel de Tarde
(¢) William Feilden Craies (d) Justice Lynch. [Ans. (¢)]
212. “A directory statue is one where non-compliance will not
invalidate the proceedings to which i¢ relates.” Who holds
such view ?
(a) Neil Hawke (b) Earl Theodore Crawford
(c) Phipson (d) William Healy. [Ans. ®d)]
213. “If object of the enachment will will be defeated by holding
the same directory, it will be construed as mandatory; if by
holding it mantatory, serious general inconvenience will
be created to innocent persons without very much
furthering the object of enactment, the same will be
construed as directory.” Whose observation in this ?
(a) Thomas Moore (b) Justice GP Singh
(d) Parsons. [Ans. (b)]
"

(¢) Ferguson
 Interpretation of Statutes | 35
214. “No universal principle of law could be laid in
that behalf
as to whether a particular provision or enactment shall be
considered mandatory or directory; it is the
duty of the
court to try to get at the real intention of the legislature by
carefully analysing the whole scope of the statute or section
or a phrase under consideration.” Whose observation is
this ?
(a) William Feilden Craies (b) Lord Browne Wilkinson
(¢) Lord Stephen (d) Lord Wellington. [Ans. (a)]
215. “In order to interpret the legal import of the word
the court has to consider various factors, namely the ‘may’,
and the scheme of the Act, the context and the object
against which the words have been used, the
background
the advantages sought to be achieved by thepurpose and
use of this
word, the like.” Who held such view ?
(a) Winston Davis (b) Lawrence
(c) John Bassett (d) Earl Theodore Crawfor.
[Ans. (¢)]
216. What of the following is a recital to the intent
of the
legislature in an enactment, as it enumerates the object to
be achieved ?
(a) Preamble of a statute
(b) Heading prefixed to a section
(¢) Marginal note
(d) Illustration.
[Ans. (a)]
217. What of the follwing craves out an exception to
the main
provision to which it has been enacted and to no other ?
(a) Preamble of a stutate (b) Proviso
(c) Marginal note (d) IHlustration. [Ans. (b)]
218. What of the following, though not
an enacting part,
expresses the comprehensions of the of the subject
matter.” Who said so?
(a) . Proviso
(b) Heading prefixed to a section
(c) Marginal note .
(d) Preamble of a statute.
[Ans. (d)]
219. What of the following seeks to explain what
induced the member to introduce the Bill in htereasons
House
and what objects the Bill sought to achieve :
(a) Preamble of a statute
(b) Statement of Objects and Reasons
(c) Marginal note (d) Punctuation. [Ans. (b)]
36 | Kumar Question Bank
220. Such enachments whose provisions are not required to be
followed as they are and their performance or non-
performance depends upon discretion, are termed as :
(a) Mandatory statute (b) Directory statute
(c) Declaratory statute (d) Dodifying statute. [Ans. (b)]
221. Where there is the provision of performing an act within a
time period, such provision shall be considered :
(a) Mandatory (b) Directory
(c) Declaratory (d) Informative. [Ans. (a)]
222. Generally, statutory provisions that do not relate to the
essence of a thing to be done, and so to which compliance
is a matter of convenience rather than of substance, are :
(a) Instructive (b) Directory
(c) Declaratory (d) Mandatory. [Ans. (b)]
223. In determination of the question, whether a provision of
law is directory or mandatory, the prime object must be to
ascertain :

(a) Judicial intent (b) Administrative convenience

(c) Legislative intent (d) Bureaucratic intent.
[Ans. (¢)]
224. “As regards the question of mandatory and directory
operation, the courts will apply that construction which best
carries into effect the purpose of the statute under
consideration.” Whose observation is this ?
(a) Winston Davis (b) Sutherland
(c) Pfiffener (d) Torsten Gihl. [Ans. (b)
225. Which statute compels the performance of certain things
or the performance of certain thing in a perticular manner?
(a) Mandatory statute (b) Directory statute
(¢) Declaratory statute (d) Informative statute.
[Ans. (3)]
226. “When a statute is passed for the purpose of enabling
something to be done and prescribes the formalities which
are to attend its performance, those precribed formalities
which are essential to the validity of the thing when done
are called imperative or absolute.” Who said so ?
(a) Oppenheim (b) Gabriel de Tarde
(c) William Feilden Craies (d) Justice Lynch. ~~ [Ans. (c)]
 Interpretation of Statutes
227. “It can be stated as a general proposition that,
as
37
|
the question of madatory and directory operation, theregards
courts
will apply that construction which best carries into effect
the purpose of the statute under condideration.” Whose
observation is this ? .
(a) Bentham (b) Sutherland
(¢) Justice Hardeman (d) Lombroso. [Ans. (b)]
228. “In the absence of an express provision the intention
of
the legislature is to be ascertained by weighing the
consequences of holding a statute to be directory or
imperative.” Whose statement in this ?
(a) Wigmore (b) Lawrence
(c) Justice Denman (d) Torsten Gihl. [Ans. (¢)]
229. “Jurisdiction is the power of the court to hear
and
determine the subject matter in controversy between the
parties.” Whose definition is this ?
(a) Winston Davis (b) Elliotand Merrill
(c) Christopher Greenwood (d) Justice Jim Gunter.
[Ans. (d)]
230. “By jurisdiction is meant the authority by which
a court
has to decide matters that are litigated before it
or to take
congnizance of matters presented ot it in a formal
its decision.” Who difines like that ? way for
(a) Lord Halsbury (b) George E. Berkley
(c) John Bassett (d) Justice Lynch. [Ams. (a)]
231. Which juristiction addresses the issue whether
a court of
law can try cases and suits of the monetary value/amount
of the case or suit in question ?
(a) Pecuniary Jurisdiction (b) Territorial Jurisdiction
(¢) Concurrent Jurisdiction (d) Original Jurisdiction.
[Ans. (2)]
232. Which jurisdiction refers to the authority of
a court to
rehear or review a case that has already been decided by
lower court ? a
(a) Pecuniary Jurisdiction (b) Territorial Jurisdiction
(c) Appellate Jurisdiction ~~
(d) Original Jurisdiction.
[Ans. (¢)]
38 | Kumar Question Bank
233. Which jurisdiction is conferred upon or inherent in a court
in the first instance ?
(a) Pecuniary Jurisdiction (b) Territorial Jurisdiction
(c) Appellate Jurisdiction (d) Original Jurisdiction.
[Ans. (d)]
234. The jurisdiction pertaining to mercantile and maritime law
related cases is termed as :
(a) Admiralty Jurisdiction (b) Territorial Jurisdiction
(c) Concurrent Jurisdiction (d) Pecuniary Jurisdiction.
[Ans. (a)]
23s. When a court to deals with matters in accordance with the
summary procedure, there is said to be :

(a) Appellate Jurisdiction (b) Territorial Jurisdiction

~~

(c) Summary Jurisdiction (d) Pecuniary Jurisdiction.

{Ans. (c)]
236. Commencement of legislation generally includes
publication of law in :
(a) Local Newspaper (b) National Newspapers
(c) Official Gazette (d) Lok Sabha Journal.
[Ans. (c)]
237. If an enactment expressly provides that it could be deemed
to have come into effect from a past date, it is termed as :
(a) Retrospective statute (b) Repeal of statute
(¢) Amendment of statute (d) Revision of statute.
[Ans. (a)]
238. “Unless there are words in the statute sufficient to show
the intention of the legislature to affect existing rights, it
is deemed to be prospective only.” Whose statement is
this ? :
-
(a) Oppenhiem (b) Justice GP Singh
“€c) John Bassett (d) SirAlfred Wills. [Ans. (b)]
239. Legislation by and statutory authority or focal or other body
‘other than the legislature but under the authority of the
competent legislature is called:
(a) Delegated Legislation (b) Consumer Law
(¢) Prevention of Corruption Act
(d) ConstitutionLaw. [Ans. (a)]
 Interpretation of Statutes | 39
240. “The term delegated legislation is used in two senses: (a)
exercise by a subordinate agency of the legislative
power
delegated to it by the legislature, or (b) the subsidiary rules
themselves which are made by the subordinate authority
in pursuance of the power conferred on it by the
legislature.” Who said so ?
(a) Oppenheim (b) MP Jain
(c) John Bassett (d) Justice Lynch. [Ans. (b)]
241. “The mass of details involved in the modern administration
and the extension of the functions of the state to the
economic and social sphere have rendered it
essential
the Parliament to delegate to the ministers the power to
for
make statutory instuments.” Who said so ?
(a) Locke (b) Hobbes
(c) Wade and Phillips (d) Benttam. [Ans. (¢)]
242, Who can permit others to make laws and rules through
delegated legislation ?
(a) Law Minister -

(b) Chief Secretary

(c) District Magistrate (d) Parliament. [Ans. (d)]
243. In India, the Committee on Subordinate Legislation of Lok
Sabha was appointed in the year :
(a) 1963 (b) 1955
(c) 1953 (d) 1957. [Ans. (¢)]
244. According to which doctrine, if the legislature excessively
delegates its legislative function to any other authority,
such deglegation will be held unconstitutional ?
(a) Doctrine of excessive delegation
(b) Doctrine of colourable legislation
(¢) Doctrine of pith and substance
(d) Doctrine of public good. [Ans. (a)]
245. Which enactment empowers the legislature to delegate
its fucntions to other authorities, to fame policies to
carry
out the laws made by it ?
(a) Trade Unions Act (b) Information Technology Act
(¢) Preventions of Corruption Act
(d) Constitution Law. [Ans. (d)]
40 Kumar Question Bank
|

246. Who said that, “Legislation is either supreme or

subordinate; whereas the former proceeds from sovereign
or supreme power, the latter flow from any authority other
than the soverign power ?”
(a) SirJohn Salmond (b) Pollock
(¢) Locke (d) Bentham. [Ans. (a)]
247. Where the limits are clearly defined in the Perent Act, it is
called :
(a) Negative delegation (b) Exceptional delegation
(c) Positive delegation (d) Gegulation. [Ans. (c)]
248. Delegated legislation can be :
(a) Rules and regulations (b) By-laws
(¢) Ordinances (d) All of the above. [Ans. (d)]
249. Delegated legislation, or subordinate legislation as it is
sometimes called, is legislation made by authority of :
(a) Rule of Law (b) Act of Parliament
(¢) Written agreement (d) Legislative discretion.
[Ans. (b)]
250. Rajya Sabha Committee on Subordinate Legislation was
first constituted in :
(a) 1964 (b) 1961
(c) 1974 -

(d) 1984. [Ans. (a)]

251. The delegated legislation can be challenged in the courts
of law on the ground of it being :
(a) Unconsitutional (b) Excessive
(c) Arbitrary
(d) On any one or more of the above grounds. [Ans. (d)]
252. Who said, “Delegated legislation is criticized as an
abdication of power by legislations and an escape from the
study imposed on them by voters of democracy ?”
(a) Justice PB Mukerjee ~~ (b) Justice Rangaswamy
(c) Justice KN Wanchoo (d) Justice Beg. [Ans. (a)]
253. Who has observed that : “Judicial activism is now a central
feature of every political system that rest adjudicatory
power in a free and independent judiciary?”
(a) Donald Taft (b) Raymond Wright
(¢) Wade and Phillips (d) Justice Bhagwati. [Ans. (d)]
254. In whose view, “Judicial activism can play only a peripheral
part in keeping the law in touch with modern
development?”
(a) George E. Berkley (b) Lord Scarman
(¢) Salmond (d) KC Davis. [Ans. (b)]
 Interpretation of Statutes | 41
255. “The court will adhere closely to the literal meaning of
the statute and infer nothing that would extend its reach.”
Who said so ?
(a) Coleridge CJ (b) Lawrence
(c) Donald Taft (d) Reed Dickerson. [Ans. (d)]
256. “The term delegated legislation is used in two senses :
(a) exercise by a subordinate agency of the legislative
power delegated to it by the legislature, or (b) the subsidiary
rules themselves which are made by the subordinate
authority in pursuance of the power conferred on it by the
legilature.” Whose explanation is this ?
(a) Stephen (b) Torsten Gihl
(c) MP Jain (d) Justice Lynch. [Ans. (c)]
257. “The mass of details involved in the modern administration
and the extension of the functions of the state to the
economic and social sphere have rendered it essential for
the Parliament to delegate to the ministers the power to
make statutory instruments.” Whose definition is this ?
(a) Winston Davis (b) Elliot and Merrill
(c) Christopher Greenwood (d) Wade and Phillips.[Ans. (d)]
258. “The doctrine that subordinate legislation is invalid if it is
ultra vires, is based on the principle that a minister or
other subordinate agency has no power to legislate, other
than such as may have expressly been conferred by the
legislature.” Who said so ?
(a) Justice Lynch (b) Percy E. Corbett
(c) Sir Edward Coke (d) John Francis Garner.
[Ans. (d)]
259. An authority conferred by the law upon the court, tribunal
or a judge to decide or adjudicate any dispute between the
parties and pronounce judgment thereupon is termed as :
(a) Adjudication (b) Jurisdiction
(c) Delegation (d)- Judgment. [Ans. (b)]
260. The limit of judicial authority or the extent to which a court
of law can exercise its authority over suits, cases, appeals
and other proceedings, is called :
(a) Jurisdiction (b) Power
(c) Decree :
(d) Verdict. [Ans. (a)]
 42 | Kumar Question Bank
261. Which of the following courts exercises exclusive original
jurisdiction to any dispute between the Government of
India and one or more States ?
(a) Supreme Court (b) High Court
(¢) Commissioner’sCourt (d) Revenue Court.
[Ans. (a)]
262. Which court has been conferred with power to direct
transfer of any civil or criminal case from one State High
Court or from a Court subordinate to another State High
Court ?
(a) Supreme Court (b) High Court
(c) District Court (d) Revenue Court. [Ams. (a)]
263. The appellate jurisdiction of the Supreme Court can be
invoked by a certificate granted by :
(a) Supreme Court (b) High Court
(c) Bankruptcy Court (d) Sessions Court. [Anms. (b)]
264. Which court has special advisory jurisdiction in matters,
which my specifically be refferred to it by the President of
India under Article 143 of the Constitution ?
(a) High Court :

(b) Court of Chief Judicial Magistrate

(c) Supreme Court
(d) Revenue Court. [Ams. (c)]
. 265. Which court stands at the head of a State’s Judicial
administration ?
(a) High Court
(b) Court of Chief Judicial Magistrate
(c) District Court
(d) Revenue Court. [Ans. (a)]
:

266. All laws in force in India before the commencement of the

Constitution shall be void in so far they are inconsistent
with the privisions of ?
(a) Indian Penal Code (b). Criminal Procedure Code
(c) ConstitutionofIndia ~~ (d) General Clauses Act.
[Ans. (¢)]
267. Which Article of the Constitution provides that “no person
shall be convicted of any offence except for violation of a
law in force at the time of the commission of the Act
charged as an offence ?”
(a) Article 14 (b) Article 18
(c) Article20 (d) Article32: -

[Ams. (¢)]
 Interpretation of Statutes | 43
268. Which maxim provides that ‘a man shall not be brought
into danger for one and the same offence more than once?”
(a) Nullapoenasinelege ({b) Nemo Judex in causa sua
(c) Audialteram partem (d) Nemo debet bis vexari.
[Ans. (d)]
269. Which doctrine comes into play when a legislature does
not posses the power to make law upon a particular subject,
but nonetheness indirectly makes one?
(a) Doctrine of Pith and substance
(b) Doctrine of eclipse
(c) Doctrine of colourable legislation
(d) Doctrine of proportionality. [Ans. (¢)]
270. Which doctrine deals with the question of competency of a
particular legislature of enact of particular law ?
(a) Doctrine of colourable legislation
(b) Doctrine of occupied field
(c) Doctrine of Pith and substance
(d) Doctrine of proportionality. [Ams, (a)]
271. Which Act shall prevail if the provisions of a Central Act
and a State Act in the Concurrent List are fully inconsistent.
and are irreconcilable ?
(a) State Act (b) Central Act
(c) Local Act (d) Municipal Act. [Ans. (b)]
272. Where a law. made by the State Legislature on a subject
covered by the Concurrent List is inconsistent with and
repugnant to a previous law made by Parliament, then such
a law can be protected by obtaining the assent of :
(a) Chief Justice of India (b) Parliament
(c) State Governor (d) President of India.[Ans. (d)]
273. Which of the following courts may apply the doctrine of
prospective overruling ?
(a) Supreme Court (b) District Court
(¢) Administrative Tribunal (d) Revenue Court. [Ans. (a)]
274. Overruling of a judgment by a court is a declaration that
the decision overruled is :
(a) Prospective law (b) Retrospective law
(¢) Agood law (d) Nota good law. [Ans. (d)]
44 | Kumar Question Bank
27S. Which enactment has divided legislature powers between
Union and states ?
(a) Indian Penal Code (b) Criminal Procedure Code
(c) Constitution of India (d) General Clauses Act.
\ (Ams. (¢)]
276. The State Legislature does not have power to legislate
upon any of the matters enumerated in :
(a) State List (b)- Union List
(¢) Concurrent List
. .

(d) Both ‘a’ and ‘b’ above. [Ans. (b)

277. Which doctrine is based on the principle that it necessary
is
to examine the true nature and character of the legislature
to know whether it falls in a forbidden shphere ?
(a) Doctrine of merger (b) Doctrine of eclipse
(c) Doctrine of prospective overruling
(d) Doctrine of pith and substance. [Amns. (d)]

278. Who wrote the book De L’ Esprit des Lois (The Spirit of
the Laws)?
(a) Winston Davis (b) Bentham
(c) Montesquieu (d) Torsten Gihl. [Ans. (c)]
279. “Power corrupts, and absolute power corrupts absolutely;
“separation of power is a way of restraining the amount of
power in the hands of any group or faction, making its abuse
more difficult.” Whose statement is this ?
(a) Oppenheim (b) Professor Teson
(c) John Bassett (d) Lord Acton. [Ans. (d)]
280. “In the India Constitution, there is separation of powers
in a broad sense only. rigid separation of powers as under
A

the US Constitution or as under Australian Constitution

does not apply to India.” Whose view is this ?
(a) Justice Ray (b) Justice Bhagwati
(c) Jistice Mukerjee (d) Justice Punchee. [Ans. (a)]
281. “It can be very well said that our Constitution does not
contemplate assumption by one organ or part of the state,
of functions that essentially belong to another.” Who held
such view ?
(a) Justice Mukerjee (b) Justice Pandian
(¢) Justice Mishra (d) Justice Beg. [Ans. (a)]
 Interpretation of Statutes | 45
282. Which doctrine states that “when a part of the statute is
declared unconstitutional, then the unconstitutional part
is to be removed and the remaining valid portion will
continue to be valid?”
(a) Doctrine of pith and substance
(b) Doctrine of eclipse
(c) Doctrine of prospective overruling
(d) Doctrine of severability. [Ans. (d)]
283. Which doctrine requires the courts to look to precedent
when making their decisions ?
(a) Doctrine of stare decisis
(b) Doctrine of proportionality
(c) Doctrine of pith and substance
(d) Doctrine of eclipse. [Ans. (a)]
284. An Act passed by the legislature is required to be in
conformity with :
(a) Indian Penal Code
(b) Government of India Act
(c) Constitution of India
(d) Criminal Procedure Code. [Ans. (c)]
28s. “The ostensible purpose of judicial review is to vindicate
some alleged right of one parties to litigation and thus grant
relief to the aggrieved party by declarding an enactment
void, if in law it is void, in the judgmnet of the court.” Who
held such view ?
(a) Justice Mukerjee (b) Justice Thakkar
(c) Justice Mishra (d) Justice Beg. [Ans. (b)].
286. “Practically, the power of judicial review is more concerned
with the manner in which the decision is taken than with
the decision itself.” Who said so?
(a) Upendra Baxi (b) MP jain
(c) Durga Das Basu (d) KK Mathew. [Ans. (¢)]
287. Which doctrine states that within their respective spheres
the state and union legislatures are made supreme, they
should not encroach upon the sphere demarcated for the
other ?
(a) Doctrine of pith and substance
(b) Doctrine of eclipse
(c) Doctrine of prospective overruling
(d) Doctrine of of severability. [Ans. (a)]
46 | Kumar Question Bank
288. Which doctrine takes into consideration whether the State
has the power to make a law that encroaches on a subject
matter from another list ?
(a) of colourable legislation
Doctrine
of occupied field
(b) Doctrine
of pith and substance
(c) Doctrine
of proportionality.
(d) Doctrine [Anms. (¢)]
289. In view of which doctrine, the law must be valid at its
inception and thus, can be invoked only in the cases of
pre-constitutional laws that have become operational with
the adoption of the Indian Constitution ¢n 26 January 1950:
(a) Doctrine of stare decisis
(b) Doctrine of proportionality
(c) Doctrine of pith and substance
(d)- Doctrine of eclipse. [Ans. (d)]
290. Which doctrine is based on the principle that a law which
violates fundamental rights, will not be declared null or
void ab initio but it becomes, only unenforceable i.e.
remains in a moribund condition ?
(a) Doctrine of pith and substance
(b) Doctrine of stare decisis
(¢c) Doctrine of eclipse
(d) Doctrine of indivisibility. [Anms. (c)]
291. According to which doctrine, judicial precedent should
govern subsequent dicisions both by the same court that
established the precedent and by all lower courts in that
court’s jurisdiction ?
(a) Doctrine of pith and substance
(b) Doctrine of eclipse
(¢) Doctrine of stare decisis
(d) Doctrine of indivisility. [Ans. (c)]
292. Which of the following Acts serves to shorten the language
of statutory enactments and to provide for uniformity of
expresses in cases where there is identity of subject
matter?
(a) General Clauses Act (b) Advocates Act
(c) Banking Regulation Act (d) Constitution of India.
[Ans. (a)]
 Interpretation of Statutes | 47

293. Which Act defines certain words or expressions so that

there is no unnecessary repetition of the definition of those
words in other Acts ?
(a) Indian Patents Act (b) General Clauses Act
(¢) Idnian Evidence Act (d) Indian Trusts Act. [Ans. (b)]
294. Who of the following is the chief officer-in-charge of the
revenue administration of a division ?
(a) Commissioner (b) Collector
(¢) City Magistrate (d) Mayor. [Ans. (a)]
295. The term “Government” or “the Government” within the
meaning of General Clauses Act includes :
(a) State Government (b) Central Government
(¢) Local Government (d) Both ‘a’ and ‘b’ above.
|

[Ans. (d)]
296. The term “Magistrate” includes every person exercising
all or any of the powers of a Magistrate under :
(a) Civil Procedure Code (b) Criminal Procedure Code
(c) Arms Act (d) Specific Relief Act.
[Ans. (b)]
297. Any act or omission made punishable by any law for the
time being in force is termed as :
(a) Offence {b) Fight
(c¢) Crime (d) Misdeed. [Ans. (a)]
298. There is no need for presumptions?
(a) The intention of the legislation is clear
(b) The intention of the legisiation is not clear
(c) Can be use din any condition
(d) All of the above [Ans. (b)]
299. Where in an enactment, there are two provisions which cannot
be reconciled with each other; they should be so interpreted
that, if possible effect may be given to both. This is what known
as the
(a) Rule of harmonious construction
(b) Rule of reasonable construction
(c) Rule of ejusdem generis |

(d) None. [Ans. (2)]

240; According rule of interpretation meaning of word
should be known from its Accompany ignore associating words?
¢a) Mischiefrule (b) Golden rule
(¢) Noscitur a soctis (d) Primary rule [Ans. (c)]
48 Kumar Question Bank
|

301. means that contemp or an eousex position is the best

and strongest in law?
(a) Ejusdemgeneris
(b) Contemporanea Exposition Est Optima Est Fortissim a in Lege
(c¢) Noscitur a sociis
(d) None of above :

[Ans. (b)]
302. Interpretation of statute should not be given a meaning which
would make other Provisions?
(a) In effective (b) Redundant
(¢) Dormant Co (d) None of the above [Ans. (b)]
~~

303. Rule of ejusdem generic is applicable when ?

(a) Specific word follow general words
(b) General word follows specific words
(c) Either (a) or (b)
(d) Both (a) and (b) {Ans. (5)
304. According to which rule of interpretation old statutes should
be interpreted as they would Have been at the date when they
were passed?
(a) Expression unisest exclusion alteri us
(b) Contemporanea Exposition Est Optima Est Fortissimain Lege
(c¢) Utresmagis valeat Quam Pareat
(d) Nosciur a Sociis :

[Ans. (b)]
305. According to primary rule, the of a statute are to be
understood in the is natural, ordinary or popular and gram-
.matical meaning unless such a construction leads to an Absur-
dity or contents or object of the statute suggests a different
meaning?
(a) Words (b) Phrase
(¢) Sentences (d) All of above [Ans. (d)]
306. If you were looking for them earning of provision, the fi rst
place you would lookis ?
(a) A dictionary (b) The interne
(c) The definition section ~~ (d) Any of the above [Ans. (¢)]
307. sets out in general terms, the purpose of the Act and it
often precedes the preamble?
(a) Longtitle (b) Short title
(¢) Preamble (d) None of above {Ans. (a)]
308. Which of the following is an external aid for interpretation of
statute?
(a) Parliamentary history (b) Use of foreign decisions f

(c) Historical background ~~ (d) All of above [Ans. (¢)]

 Interpretation of Statutes | 49
309. When statute do not profess to make any alteration in the
‘existing law, but merely declare Or explain what it is, then
such law is known as ?
(a) Codifying statute (b) Remedial statute
(¢) Declaratory statute (d) Consolidating statute [Ans. (¢)]
310. According to the thewords, phrases, sentence so fast
a tute are to be understood In their natural, ordinary or popu-
lar and grammatical meaning, unless such a construction Leads
to an absurdity or contents or object of the statute suggests a
different meaning?
(a) Literal construction (b) Mischief rule
(c) Strict rule of interpretation(d) None of above [Ans. (a)]
311. Which of the following is internal aid for interpretation of stat-
ute? :

(a) Longtitle (b) Marginal notes

(c) Interpretation clauses (d) All of above [Ans. (d)]
312. As per the rule of meaning of a word should be known
from its accompany ingor Associating words.
(a) Noscitur a sociis (b) Strict and liberal construction
(c) Ejusdem generis (d) None of the above ~~ [Ans. (a)]
313. Which of the following are acceptable extrinsic material use in
interpreting legislation?
\
(a) Parliamentary committee reports
(b) Dictionaries
(¢) Notes on Clauses of the bill ~~
(d) All of above [Ans. (d)]
314. Generally are given strict interpretation?
(a) Labour (b) Welfare laws
(¢) Criminal laws (d) None of the above ~~[Anms. (¢)]
315. If there is any appearance of in consistency between the
schedule and specific provision in Ap enactment, the
shall prevail?
(a) Schedule (b) Provisions
(c) Both will be applicable as per situation
*

(d) None of the above [Ans. (b)}

316. Heydons case deals with____?
(a) Mischeifrule
(b) Rule of reasonable construction
(¢) Noscitur a sociis (d) Golden rule [Ans. (a)]
317. Non obstante clause usually starts with the word___?
(a) Provided that
(b) Not with standing any thing contained
(¢) Save as provided otherwise
(d) Any of the above [Ans. (b)]
50 | Kumar Question Bank
318. _____isused to remove special cases from the general
enactment and provide for them specially?
(a) Exception clause (b) Saving clause
(¢) Proviso (d) Non obstante clause [Ans.
319. Ut Res Magis Valeat Quam Pareatis also known as
©]
(a) Rule of harmonious construction
(b) Rule of reasonable construction
(¢) Rule of ejusdem generis
(d) Allofabove [Ans. (b)]
320. contain them an in object of the act?
(a) Longtitle b .Short title
(c) Preamble (d) None of the above~~ [Ans. (¢)]
321. Heydons case,in 1584,was resolved by the?
(a) Supreme Court of India (b) Bombay high court
(¢) Barons of the Exchequer (d) House of lords [Ans. (¢)]
322. When general word follows specific word of a distinct category,
the general word may be given are striated meaning of the
same category. His general word take its meaning from
Preceding expression. This is what is known as?
(a) Rule of harmonies construction
(b) Ut Res Magis Valeat Quam Pareat
(¢) Ejusdem generis
(d) Expression unisest exclusion alteri us [Ans. ©)
323. In the interpretation of statue, an important role is played
by
3) Schedule (b) Preamble
(¢) Heading (d) All of above [Ans. (d)]
324. While constructing a provision in penal statute if there appears
to be a reasonable doubt or Ambiguity it shall bere solved in
favour of?
(a) State government (b) Union
(c) Person who would beliable to penalty
(d) None of the above [Ans. (¢)]
325. Which of the following is internal aid for interpretation of stat-
ute?
(a) Reference to reports of committee
(b) Statement of objects and reasons
(¢) Dictionaries (d) Preamble [Ans. (d)]
326. The rules means the express mention of one thing is
the exclusion of other ?
(a) Rule of harmonious construction
(b) Primary rule
(¢) Ejusdem generis
(d) Expression unisestex clusion alterius [Ans. (d)]
 Interpretation of Statutes | 51
327. Internal aid in interpretation of statute includes?
(a) Title (b) Preamble
(c) Marginal notes
328. A statute has been defined as the
(d) All of above [Ans. (d)]

(a) Will of the king (b) Will of the society

(¢) Will of them agistrate (d) Will of the legislature [Ans. (d)]
329. What is the doctrine of stare decisis?
(a) The doctrine of Parliamentary sovereignty
(b) The doctrine of royal pardon
(c) The doctrine of statutory interpretation
(d) The doctrine of precedent [Ans. (d)]
330. What is case law?
(a) Law representing the decision soft he courts
(b) Law passed by Parliament
(¢) Delegated legislation
(d) Case law is not really law at all [Ans. (a)]
331. What is legislation?
(a) Legislation is law made by judges
(b) Legislation is law made by Parliament
(c) Legislation is law made by custom
(d) Legislation is law made by the Law Commission [Ans. (b)]
332. How many readings must a Billhave in the House of Commons
and the House of Lords Before it receives Royal Assent?
(a) in the House of Commons, 3in the House of Lords
1

(b) 3 in the House of Commons, lin the House of Lords

{¢) in each House
1

(d) 3 in each House [Ans. (d)]

333. What is the Committee Stage in the passage of a Bill through
the House of Commons?
(a) A committee reading of the title of the Bill
(b) A committee debating the general principles of a Bill
(c¢) A committee considering the provisions of the Bill in detail
(d) A committee drafting the Bill ‘

[Ans. (¢)]
334. How long can the House of Lords delay a Bill (except a Money
Bill)?
(a) 1
month (b) 6 months
(c) year
1
(d) 6 years [Ans. (¢)]
33s. What is a Public Act?
(a) ‘An Actaffecting particular individuals or individual bodies
(b) An Act affecting the general public
(c) An Act made in private
(d) An Act made in public [Ans. (b)]
52 | Kumar Question Bank
336. What is meant by statutory interpretation?
(a) The interpretation of a statute by Parliament
(b) The interpretation of a statute by the House of Commons
(c) The interpretation of a statute by the courts
(d) The interpretation of a statute by the House of Lords
[Ans. (¢)]
337. What is meant by the purposive approach?
(a) The judge must interpret the statute on purpose
(b) The judge must in terpret the statute in the light of the purpose
of it enactment
(c) The judge must interpret the statute with a purpose ful manner
(d) The judge must interpret the statute in the purpose of deciding
the case before him or her [Ans. (b)]
338. What is them is chief rule?
(a) In interpreting statutes, judges should look at the ‘mischief’
which the Act was passed to prevent
(b) There must be no mischief in court
(¢) In interpreting statutes, judges should interpret the words
literally
(d) In interpreting statutes, judges should interpret the words as
they see fit [Ans. (a)]
339. What is the rule in Pepperv Hart?
(a) Judges can refer to newspapers when interpreting statutes
(b) Judges can refer to other judges when interpreting statutes
(c) Judges can refer to Hansard when interpreting statutes
(d). Judges cannot refer to any external aid when interpreting
statutes [Ams (¢)]
340. What is delegated legislation?
(a) A decision of the courts
(b) An Act of Parliament
(c¢) Law made by a delegation
(d) Law made by a person or body to whom Parliament has
delegated power [Ans. (d)]
341. Which of these is a disadvantage of delegated legislation?
(a). It is quick to produce
(b) It can be flexible
(c) It raises issues of accountability
(d) It can be made by reference to special is knowledge[Ans. (¢)]
342. A statute may be interpreted by judges by using different rules.
Which of the following is not a rule of interpretation?
(a) GoldenRule. -
(b) Literal Rule.
(¢) Mischief Rule (d) General Rule. [Ans. (d)]
 Interpretation of Statutes | 53
343. Which of the following statements is a definition of the phase
‘ratio decidendi'?
(a) The verdict (b) The material facts.
(¢) A hypothetical situation.
(d) The legal reason for reaching a decision. [Ans. (d)]
344. Which of the following statements is correct?
(a) The Supreme Court is bound by its own previous cases.
(b) The House of Lords is the highest court of appeal in England
and Wales.
(c) There are no appeals from decisions of the Court of Appeal.
(d) A principle of law set down in a case may be overruled by
statute. [Ans. (a)]
345. Which of the following is the most accurate description of the
Golden Rule of Interpretation?
(a) Justice must be served
(b) Literal meaning must always be adopted without fail
(c) Literal meaning must always be adopted except when it leads to
absurdity
(d) All of the above
(e) Context must be understood properly [Ans. (e)]
346. What Statute is an aid in the interpretation of Statutes?
(a) General Clauses Act, 1897
(b) Interpretation of Statutes Act, 1897
(c) Law of Legislations, 1897(d) All of the above [Ans. (a)]
347. While applying the literal rule of interpretation, it is
important to keep in mind the:
(a) language (b) theme
(c) context (d) applicability [Ans. (¢)]
348. Hlustration: While interpreting a statute, one has internal and
external aids to construction. Question: Which of the
following in not an Internal aid to construction?
(a) longtitle (b) preamble
(c) headings (d) definitions
(e) Parliamentary history [Ans. (e)]
349. Delegatus non potest delegare
(a) Debtor follows the person of the debtor
~(b) An action does not arise from a bare promise
(¢) A delegated power cannot be further delegated
(d) The law does not concern itself with trifling matters[Ans. (c)]
350. expressumn facit cessare tacitum
(a) Private disadvantage is counter balanced by public goo(d)
(b) The reason of a decision.
(¢) An action does not arise from a bare promise
(d) express mention of one person or thing is exclusion of another.
[Ans. (d)]
54 | Kumar Question Bank
351. Generalia specialibus non derogant
(a) The king can do no wrong.
(b) General things do not derogate from special things.
(c) The land passes with its burdens.
(d) An accessory follows the principal. [Ans. (b)]
352. Utres valet potior quam pareat.
(a) It may rather become operative than null”.
(b) A matter adjudged is taken for truth.
(c) An accessory follows the principal.
(d) The land passes with its burdens. [Ans. (3)]
353. Expressum facit cessare tacitum.
(a) Private disadvantage is counter balanced by public good
(b) What is expressed makes what is implied to cease.
(c) An accessory follows the principal.
(d) A matter adjudged is taken for truth. [Ans. (b)]
354. Judicium simper pro veritate accipitur
(a) A judgment always accepted as true
(b) A judgment pronounced by a judge to decide in a matter falling
within his jurisdiction is of no effect
(¢) In equal delict, the position of the defender is the stronger
(d) The immediate and not the remote cause is to be considered
[Ans. (3)]
355. Supreme Courts precedent in binding on
(a) Courts (b) Appellate Tribunals
(¢) Income Tax Authorities (d) All of the above. [Ans. (d)]
356. In which of the following cases free and fair election is recog-
nized as basic structure of Indian Constitution?
(a) Indira Gandhi V- Raj Narayan
(b) Minerva Mills V- Union of India
(¢) Both (a) and (b) above
(d) None of the above [Ans. (a)]
357. Doctrine of Separation of Powers was systematically formu-
lated by
(a) Plato (b) Montesquieu
{c) Dicey (d) Aristotle [Ans. (b)]
358. ‘Rule of Law’ means
(a) Supremacy of Judiciary (b) Supremacy of Law
(¢) Equality before Law
(d) Supremacy of Parliament {Ans. (b)]
359. Which one of the following statement is true?
(a) Delegated legislation cannot have retrospective effect
(b) Delegated legislation can have retrospective effect, if authorized
by Act or Statute.
 Interpretation of Statutes | 55
(c) Delegated legislation can have retrospective effect, if not autho
rized by Act or Statute but have reasonable and rational
justification
(d) None of the above [Ans. (b)]
360. Which of the following interpretations of the Constitution re-
garding the utility of Directives is/are found to be correct?
Even though the implementation of a Directive Principle may
cause hardship to a few individu-als, it should be upheld in the
larger interests of the community.
[1. In view of the absolute prohibition of consumption of
liquor in
Article 47, there cannot be any fundamental right to manufac
ture and sell intoxicating liquor.
(a) Tand lI (b) Neither nor II
1

(c) Only (d) Only II [Ans. (2)]

361. The legislative process includes the process of implementing
and enforcing the law once made.
(a) True (b) False [Ans. (b)]
362. Which of the following statements aecurately capture Dicey’s
view on the limitations which exist on Parliament's law-mak-
ing powers?
(a) Parliament's law-making powers are subject to external and
internal political limits.
(b) Parliament's law-making powers are not subject to any limits.
(c) Parliament's law-making powers are subject to legal limitations.
(d) Parliament's law-making powers are subject to legal and politi
cal limitations. [Ans. (b)]
363. Who is the final answer to interpret the constitution
(a) The President (b) The Parliament
(¢) The lok Sabha (d) The-Supreme Court [Ans. (d)]
364. The power of Supreme Court to decide the dispute between the
centre and the states falls under its
(a) Advisory Jurisdiction (b) Appellate Jurisdiction
(c) Original Jurisdiction .
©
(d) Advisory and appellate Jurisdiction [Ans. (0)]
365. When may judges apply the golden rule? :

(a) When the mischief rule can't be applied

(b) In the same circumstances as the purposive approach
(c) When applying the literal would be unfair
(d) When applying the literal rule leads to an absurd or repugnant
result [Ans. (b)]
366. According to the rule, the words of the statute
are to be given their plain and ordinary meaning.
(a) Literal rule (b) golden rule
(¢) natural rule (d) mischief rule [Aus. (a)]
56 |
Kumar Question Bank
367. Which rule of statutory interpretation should judges apply first?
(a) Purposive approach (b) Mischief rule
(¢) Golden rule (d) Literal rule [Ans. (d)]
368. The concept of the Judicial review has been borrowed from the
Constitution of
(a) UK. (b) Switzerland
(¢) USA (d) USSR [Ans. (¢)]
369. 7. The idea of 'concurrent list' in the Indian constitution is
taken from the Constitution of............ ?
(a) Ireland (b) Canada
(¢) Australia (d) Japan [Ans. (c¢)]
370. What are the four factors the courts are required to consider
according to Heydon's case?
(a) What was the mischief and defect for which the common law
did not provide?
(b) What was the common law before the Act was passed?
(c) What was the remedy Parliament passed to cure the mischief?
(d) Allofabove [Ans. (d)]
371. When may judges apply the mischief rule?
(a) When there is ambiguity in the statute
(b) When there is absurdity
(c) When the law needs to be changed
(d) When not to do so would lead to injustice {Ans. (a)]
372. Under the rule the words may be given a
secondary meaning if applying the literal leads to absurdity.
(a) mischief rule (b) golden rule )

(c) liberrule (d) none of above [Ans. (b)]

373. The Union List consists of
(a) 97 subjects (b) 61 subjects
(c) 47 subjects (d) 73 subjects [Ans. (a)]
374. An interpretation of the Constitution of India is based on the
spirit of
(a) Fundamental Duties (b) Fundamental Rights
(c) Preamble (d) Federal System [Ans. (¢)]
3175. The sequence of procedure for passing a Bill in the House is
(a) First reading, Committee stage, report stage, second reading,
third reading
(b) First reading, second reading, committee stage, report stage,
third reading
(¢) First reading, second reading, third reading, Committee stage,
report stage
(d) First reading, Committee stage, second reading, third reading
[Ans. (b)]
 Interpretation of Statutes | 57
376. In a federal system the guardian of the Constitution is
(a) the Parliament (b) the Judiciary
(c) the council of Ministers
(d) the National Security Advisor [Ans. (b)]
377. The Union Legislature in India is empowered
(a) Not to amend the basic structure of the Constitution
(b) to amend the basic structure of the Constitution
(¢) To abrogate the basic structure
(d) None of these [Ans. (a)]
378. The states enjoy exclusive jurisdiction over subjects of
(a) Union list (b) State list
(¢) Residuary List (d) Concurrent list [Ans. (b)]
379. Majority provisions of the Constitution of India can be amended
by
(a) the Parliament (b) The President
(c¢) the State Legislature
(d) the Parliament of the consent of states [Ans. (a)]
380. The procedure for amending the Constitution is in
(a) Article 368 (b) Article 360
(c) Article 367 (d) Article 371 [Ans. (a)]
381. The list dividing powers between union and states are given in
the —-----onmmee schedule
(a)
(c) VI
IV
bv
(dy vii [Ans. (d)]
382. Operation of law means.....
(a) prospective operation of law -

(b) retrospective operation of law

(c) both as above a and b
(d) none of above [Ans. (¢)]
383. What is mean repeal of law?
(a) change in law (b) amendment in law
(c) removal or reversal of law (d) none of above [Ans. (¢)]
384. General clauses Act enacted in the year...
(a) March 11, 1897 (b) January 15, 1920
(c) August 15 1987 (d) December 31, 1975 [Ans. (a)]
385. The term morals refer...
(a) ethics or principles
(b) legal rules by a competent authority
{c) only above a is correct
(d) both a and b correct. [Ans. (a)]
386. What is similarity in law and morals?
(a) both regulate human conduct
(b) both not regulate human conduct
 58 |
Kumar Question Bank
(¢) both use similar language
(d) above a and is correct
c¢
[Ans. (d)]
387. Morals have ......
(a) Universal values
(b) various from society to society
(c) various from time to time
(d) various from person to person. [Ans. (a)]
388. Law looks to.....
(a) external conduct (b) internal conduct
(c) bothaand b (d) none of above [Ans. (a)]
389. The statutes dealing with tax are termed as....
(a) civil statues (b) penal statute
(c) fiscal statutes. (d) personal statutes [Ans. (¢)]
390. When there is a conflict between two or more statues or two or
more parts of a statute then the rule
(a) welfare construction (b) strict construction
(c) harmonious construction (d) none of above [Ans. (¢)]
391. Pith and substance is a legal doctrine in :
(a) Canadian constitutional interpretation
(b) Indian constitutional interpretation
(c¢) Indian and Canadian Constitutional interpretation
(d) none of above [Ans. (¢)]
392. The doctrine of colorable legislation refers to the
(a) question of competency of the legislature
(b) question of fact
(c) question ofjurisdiction
(d) nature of legislation [Anms. (2)]
393. Repugnancy as an inconsistency or contradiction between two
or more parts of a legal instrument
(a) true (b) false
(c) can’t say [Ans. (a)]
394, Law Commission of India is an executive body
(a) executive body (b) judicial body
(c) legislative body (d) quasi-judicial body [Ans. (a)]
395. The first Law Commission was established during the British
Raj era in 1834
(a) 1834 (b) 1836
(c) 1860 (d) 1881 [Ans. (a)]
©

396. Where in an enactment, there are two provisions which

cannot be reconciled with each other; they should be so
interpreted that, if possible} effect may be given to both.
This is known as the
(a) Rule of harmonious construction
(b) Rule of ejusdem generis
(c) Rule of reasonable construction
(d) None of the above [Ans. (a)]
 Interpretation of Statutes | 59
397. According to rule of interpretation meaning of word should
_
be known from its accompanying or associated words?
(a) Golden Rule (b) Noscitur a Sociis
(c) Primary Rule (d) Mischief Rule [Ans. (b)]
398..ccrirrrens Means that contemporaneous exposition is the best
and strongest in law:
(a) Noscitur a Sociss (b) Ejusdem Generis
(c) Contemporanea Expositio Est Optima Et Fortissima In Lege
(d) None of the above. [Ans. (¢)]
399. Which of the following are acceptable External aids/mate-
rials that can be used in interpreting legislation?
(a) Dictionaries (b) Notes on clauses/bills
(c) Parliamentary committee reports
(d) All of the above. [Ans. (d)]
400. Generally,............... are given strict interpretations:
(a) Welfare Laws (b) Criminal Laws
(c) Labour Laws (d) None of the above [Ans. (b)]
401.1f there is a discrepancy between the schedule and a
specific provision within the enactment, the........... shall pre-
vail:
(a) Provisions (b) Schedule
(c) Both will be applicable as per the situation
(d) None of the above. [Ans. (a)]
402. Mischief rule is:
(a) In interpretating statutes, judges should interpret the words
literally
(b) There must be no mischief in courts.
(c) In interpreting statutes, judges should look at the ‘mischief’
which the act was passed to prevent.
(d) In interpreting statutes, judges should interpret the words as
they see fit. [Ans. (¢)]
403. Which of these is a disadvantage of Delegated Legislation:
(a) It can be flexible
(b) It can be made by reference to specific knowledge.
“(c) Itis quick to produce.
-

(d) It raises issues of accountability. [Ans. (d)]

404. What is Delegated Legislation?
(a) An act of the Parliament. Parliament has delegated power.
(b) Law made by a person or body to whom the
(c) Law made by a delegation.
(d) A decision of the courts. [Ans. (b)]
60 | Kumar Question Bank
405. What is the rule in Pepper v Hart?
(a) Judges cannot refer to any external aid when interpreting Stat
utes.
(b) Judges can refer to Hansard when interpreting Statutes.
(c) Judges can refer to other judges when interpreting Statutes.
(d) Judges can refer to Newspapers when interpreting Statutes.
[Ans. (a)]
406. What is meant by Purposive Approach?
(a) The Judge must interpret the Statute in the light of purpose of
its enactment.
(b) The Judge must interpret the Statute on Purpose.
(c) The Judge must interpret the Statute in the purpose of
deciding the case before him or her.
(d) The Judge must interpret the Statute with a purposeful
manner. [Ans. (a)]
407. What is the Doctrine of Stare Decisis?
(a) The doctrine of Statutory Interpretation.
(b) The doctrine of Royal Pardon.
(c) The doctrine of Parliamentary Sovereignty.
(d) The doctrine of Precedent. [Ans. (d)]
408. Internal aid in Interpretation of Statutes include:
(a) Preamble (b) Title
(c) Marginal Notes (d) All of the above. [Ans. (d)]
409.A Statute has been defined (b)as Will of the
the:
(a) Will ofthe Legislature King
(¢) Will of the Society “(d) Will of the Magistrate.
[Ans. (a)]
410. Which of the followingis an internal aid in the Interpreta-
tion of Statute?
(a) Interpretation Clause (b) Marginal Notes
(¢) LongTitle (d) All of the above. ~~ [Ams. (d)]
411. While Interpretation, a Statute should not be given a mean-
ing that make other provisions:
(a) Dormant (b) In-effective
(¢) Redundant (d) None of the above. [Ans. (c)]
412. According to which rule of interpretation, old statutes
should be interpreted as they would have been at the date
they were passed. :

(a) Expression Unis est exclusion alterius

(b) Contemporanea Expositio Est Optima Et Fortissima In Lege
(c) Noscitura Sociis
(d) Ut res magis valet Quam Pareat [Ans. (c)]
 Interpretation of Statutes | 61
413.Rule of Ejusdem Generis is applicable when?
(a) General words follow specific word
(b) Specific word follows general words
(c) Either (a) or (b)
(d) Both (a) or (b) Co [Ans. (a)]
414.Heydon's case deals with the?
(a) Golden Rule (b) Noscitur a Sociis
(c) Mischief Rule
(d) Rule of reasonable construction. [Ans. (¢)]
415. .cvuveeene Contains the main object of the act.
(a) LongTitle (b) Short Title
(c) Preamble (d) None of the above. [Ans. (c)]
416.In Interpretation of Statutes, important role: plays an
(a) Heading (b) Schedule
(c) Preamble (d) All of the above [Ans. (d)]
417.Case law is:
(a) Law passed by parliament.
(b) Law representing the decision
(c) Delegated legislation of the courts.
(d) Case law is not really a law at all. [Ans. (b)]
418. What is legislation?
(a) Law made by Parliament.
(b) Law made by Law commission
(¢) Law made by Custom
(d) Law made by Judges. [Ans. (a)]
419. Which rule of Interpretation means express mention of one
thing is the exclusion of other?
(a) Ejusdem Generis
(b) Rule of Harmonious Construction.
(¢) Expression Unis est exclusion alterius
(d) Primary rule. [Ans. (¢)]
420. Which of the following is an internal aid to the interpreta-
tion of Statutes:
(a) Reference to reports of committee.
(b) Statement of objects and reasons.
(c) Preamble (d) Dictionaries [Ans. (c)]
421.A Statute has been defined as:
(a) Willofthe king (b) Will of the legislature
(c) Will of the magistrate (d) Will of the society. [Ans. 0)]
~~

422. Which of the following is an external aid to interpretation?

(a) INustrations. (b) Title
(c) Dictionary (d) Proviso Clause. [Ans. (¢)]
62 | Kumar Question Bank
423. Which of the following is an external aid for interpretation
Co
of Statutes?
(a) Use of Foreign decisions (b) Historical Background
(c) Parliamentary history ~~ (d) All of the above. ~~ [Ans. (d)]
424. Which of the following is issued to remove special cases
from General enactment and provide for them specifically?
(a) Exception Clause (b) Saving Clause
(¢) Proviso (d) Non Obstante clause.[Ans. (¢)]
425. What Statute is used in aid of Interpretation of Statutes?
(a) Interpretation of Statutes Act, 1897
(b) Law of Legislation, 1897
(c) General Clauses Act, 1897
(d) All of the above. [Ans. (c)]
:

426. Under which Section of General Clauses Act is effect of

repeal stated?
(a) Section$ (b) Section 6
(c) Section? (d) Section 8 [Ans. (b)]
427.When a statute does not profess to make changes in an
existing law, and merely declare or explain what the law is,
then such law is known as:
(a) Codifying Statute (b) Declaratory Statute
(c) Consolidating Statute ~~ (d) Remedial Statute [Ans. (b)]
~~

428. According to what rule, the words of the statute are to be

given their plain and ordinary meaning:
(a) Golden Rule (b) Natural Rule
(c) Literal Rule (d) Mischief Rule [Ans. (c)]A

429.Ut Res Magis Valeat Quam Pareatis is also known as:

(a) Rule of Reasonable construction
¢(b) Rule of Harmonious construction
(¢) Rule of Ejusdem generis
(d) All of the above. [Abs. (3)]
430.The doctrine of Precedent is also known as?
(a) Doctrine of Parliamentary Sovereignty
~~

(b) Doctrine of Statutory Interpretation

(c) Doctrine of Stare Decisis
(d) Doctrine of Royal Pardon [Anms. (c)]
431. Which of the following is NOT a General rule of Interpreta-
tion?
(a) A Statute must be read as a whole
(b) Same word to have same meaning
(c) Technical words to have ordinary meaning
(d) A construction so as to avoid absurdity is permissible.
: [Ans. (¢)]
 Interpretation of Statutes | 63
432. While applying the literal rule of interpretation, the
following should be taken into consideration?
(a) Language (b) Theme
(c) Applicability (d) Context [Ams. (d)]
433. Which rule of statutory interpretation should judges apply
first?
(a) Purposive approach (b) Golden rule
(c) Literal Rule (d) Mischief rule [Ans. (c)]
434.Doctrine of Separation of Powers was systematically
formulated by:
(a) Montesquieu (b) Dicey
(¢) Aristotle (d) Plato [Ans. (a)]
435. Object of the Act is contained in:
(a) LongTitle (b) Short Title
(c) Preamble (d) None of these [Ans. (¢)]
436. Statutes which are in existence for a specified fixed period
is known as:
(a) Permanent Statute (b) Perpetual Statute
(c) Temporary Statute (d) Remedial Statute ~~
[Ans. (¢)]
437.The Union Legislature is empowered to:
(a) To amend the basic structure of the constitution
(b) Not to amend the basic structure of the constitution
(c) To abrogate the basic structure of the constitution.
(d) None of the above. [Ans. (b)]
438. Rule of law means:
(a) Supremacy of law (b) Supremacy of Judiciary
(c) Supremacy of Parliament
(d) Equality before Law [Ans. (a)]
439.The concept of Judicial review has been borrowed from
the Constitution of?
(a) UK (b) USA
(¢) USSR (d) Switzerlan(d) [Ans. (b)]
440. Which legal maxim means "to stand by things decided"?
(a) Ratio Decidendi (b) Obiter Dicta
(¢) Stare Decisis (d) In Bonem Partem [Ans. (¢)]
441.Delegatus Non potest delegare means?
(a) Debtor follows the person of a debtor
(b) An action does not arise from a bare promise
(c) The law does not concern itself with trifles.
(d) A delegated power cannot be delegated further. [Ans. (d)] if
442. The statutes that deal with taxation are termed as:
(a) Penal Statute .
(b),Fiscal Statute
(c) Civil Statute (d) Personal Statute [Ans. (b)]
64 |
Kumar Question Bank
443.The procedure for amending the Constitution is provided
in:
(a) Article 368 (b) Article 369
(c) Article 371 (d) Article 372 [Ans. (a)]
444. When there is a conflict between two or more statutes or
two parts of the same statute, then the rule is:
(a) Strict Construction (b) Beneficial construction
(¢) Harmonious construction
(d) Purposive construction [Ans. (¢)]
445.Generelia specialibus non derogant means?
(a) General things to not derogate from special things
(b) The king can do no wrong
(c) An accessory follows the principal :

(d) None of the above [Ans. (a)]

oe