Ugc Net December'22 Exam
Ugc Net December'22 Exam
com 9915222448
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1. In which country the Supreme Court has declared that independence of Judiciary is a part
of basic feature of the Constitution?
1. India Only
2. India and UK only
3. India, USA and UK only
4. USA and UK only
3. The concept of ‘rule of law’ contains three principles. These three principles in an
organized form were propounded by:
1. Aristotle
2. Manu
3. Prof RWM Dias
4. Prof. AV Dicey
4. In context of Centre-State relationship, the residuary power rests with the Center
(Parliament) in which of the following countries?
1. Switzerland
2. Sweden
3. South Africa
4. Britain
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7. In which of the following cases, the Supreme Court has held that “Administration of Public
Authority cannot be invalidated merely for not recording reasons when it had no duty to do
so?”
8. Which of the following articles of the constitution provides that “no discussion shall take
place in the legislature of a state with respect to conduct of any judge of the Supreme Court
or of a High Court in the discharge of his duties”?
1. Article 121
2. Article 127
3. Article 211
4. Article 212
9. Which of the following sections of IPC has been struck down by the Supreme Court in
Joseph Shine v. Union of India (2018)?
1. Section 303
2. Section 309
3. Section 377
4. Section 497
10. Which Constitutional (Amendment) Act added Article 279A of the Constitution?
1. 101st
2. 102nd
3. 99th
4. 127th
11. Which of the following Constitutional amendment to the Constitution of India inserted
Article 246A which deals with special provision with respect to Goods and Services Tax:
1. 99th Amendment
2. 100th Amendment
3. 101st Amendment
4. 102nd Amendment
12. Which of the following Articles of the Constitution of India deals with ‘socially and
educationally backward classes’?
1. Article 115
2. Article 338
3. Article 338A
4. Article 342 A
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13. In which of the following cases, the Supreme Court of India has held that mother can be
natural guardian in certain circumstances even in the presence of father?
14. Who divided the sources of law into two classes (a) Formal Sources and (b) Material
Sources?
1. John Austin
2. Savigny
3. Salmond
4. Kelson
15. Who among the following is considered the main exponent of the ‘historical school of
law’?
1. Jermy Bentham
2. Savigny
3. Duguit
4. Jerome Frank
16. Which of the following is considered law within the ‘Austinian theory of Law’?
1. Justice Holmes
2. Jerome Frank
3. Justice Cardozo
4. Olivercrona
18. Who among the following jurists does not belong to ‘the Sociological approach to law’?
1. Ihering
2. Ehrlich
3. Maine
4. Roscoe Pound
19. “The movement of progressive societies has hitherto been a movement from status to
contract”, the most famous generalization is given by
1. John Austin
2. H. Maine
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3. Thibaut
4. Savigny
21. “Ownership as a right over determinate thing indefinite in point of user, unrestricted in
point of disposition and unlimited in point of duration.” This definition of ownership is given
by:
1. Renner
2. Austin
3. Holland
4. Salmond
22. “I promise to pay Rs. 50,000/- and to deliver him my black horse on 1st March.” This is:
1. a promissory note
2. a bill of exchange
3. an instrument payable on demand
4. not a promissory note
23.The case Bai Tahira v. Ali Hussain Fiddali (AIR1979 SC 362) is related with:
1. Maintenance
2. Adoption
3. Inheritance
4. Option of Puberty
24. In which of the following cases, Section 9 of the Hindu Marriage Act, 1955 has been
declared unconstitutional?
1. Shanti v Rupesh
2. T. Sareetha v. T.V. Subbaiah
3. Trithikaur v. Kripal Singh
4. A.K. Kapoor v Union of India
25. The sub-Agent is responsible for his acts to be Agent, but not to the principal, except in
case of
1. Fraud
2. Fraud or misrepresentation
3. Fraud or willful wrong
4. Principal himself undertaking the responsibility
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26. Who among the following judges of the Supreme Court has authored the judgment in
leading case Seema v. Ashwini Kumar (2006) 2 SCC78, which is related to the registration of
marriage?
27. Which of the following cases is not related to the ‘Tort of Negligence’?
1. Donoghue v. Stevenson
2. Municipal Corporation of Delhi v Subhagwanti
3. Ramesh Kumar Nayak v Union of India
4. Gloucester Grammar School Case
28. In which of the following cases, itt was held that a ‘contract to take and supply
photographs’ is a ‘contract of sale of good’?
29. In which of the following cases, the Privy Council has held that ‘Doctrine of
Acknowledgement’ is a part of the substantial ‘Muslim Law of Inheritance’ and not rule of
Evidence?
1. Lord Denning
2. Peacock
3. Lord Holt
4. Viscount Haldone
31. Which of the following is not necessary for constituting the ‘trespass’ under the Law of
Torts?
1. a principle of law
2. a body of written rules
3. a method of studying law
4. a system of law in various jurisdictions especially recognized by the United Nations
33. “We the People” words are found in the Constitution of:
34. In estimating the loss or damage arising from a breach of contract, the means which
existed of remedying the inconvenience caused by the non-performance of the contract?
35. Direction: Point out incorrect response- The Purpose of the Information Technology Act,
2000 as set out in the Preamble is:
1. To provide legal recognition for transactions carried out by means electronic data
interchange.
2. To provide the use of alternatives to paper-based methods of communication and storage of
information
3. To facilitate the electronic filing of documents with international agencies.
4.To amend the Indian Penal Code, 1860; the Evidence Act, 1872; the Bankers Books
Evidence Act, 1891 and the Reserve Bank of India Act, 1934
37. When a promissory note, a bill of exchange or cheque is transferred to any person, so as
to constitute that person the holder thereof, the instrument is said to be
1. negotiated
2. indorsed
3. accepted
4. transferred
38. When the person to whom the proposal is made signifies his assent thereto, the proposal
is said to be accepted. A proposal, when accepted:
1. becomes an agreement
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2. becomes a promise
3. becomes a contract
4. becomes a consideration
39. Where an option to purchase land was exercisable by notice, in which of the following
cases, it was held that the mere posting of the notice which was never delivered, was not a
valid exercise of the option?
40. Direction: Fill in the blank with exact provision of law. “It is _______ whether the Indian
Penal Code (45 of 1860) is or is not in force in the place where the coercion is employed.”
1. Immaterial
2. Material
3. Not Material
3. To be ascertained
41. Cyber Crime is covered and punishable under which of the following provision of IPC?
A. Section 354
B. Section 354 C
C. Section 354 D
D. Section 354 E
E. Section 350
1. B, C only
2. B, C, D only
3. A, B, C, E only
4. B, C, D E only
42. The Supreme Court of India in State of Bihar v. Kameshwar Singh (1952) laid down
certain tests for discovering whether any particular act constitutes a colourable legislation
A. The Court must look into whether a legislature used wide or vague words or not which
may extend the operation of an Act to subject?
B. The Courts must look into the substance of the law and not to its form or the label which
the legislature has given it
C. The Court must look at the object as well as the effect of the law.
D. If the legislature proceeds under a legislative plan the court must read all the statutes
constituting that plan and determine the combined effect.
E. The Court must look into that repugnancy is in existence?
Choose the most appropriate answer from the options given below:
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1. A and B only
2. B, C and D only
3. A, C, D and E only
4. D and E only
43. A resolution approving the proclamation of emergency under Article 352 of the
Constitution of India for the first time or on subsequent occasion may be passed by either
house of Parliament only by-
A. Hiba (Gift) under Muslim Law, is the immediate and unqualified transfer of the corpus of
the property without any return.
B. Under Muslim Law, a gift to immovable properties can be made verbally without recourse
to a written document.
C. A gift of life interest is valid.
D. A gift of life interest is enlarged into an absolute estate
E. The subject of gift may be corporeal only.
Choose the most appropriate answer from the options given below:
1. A and E only
2. B, C and D only
3. A, B and C only
4. C, D and E only
45. Arrange the following sections of the Patent Act, 1970 in chronological order
(sectionwise-first come basis)
Choose the most appropriate answer from the options given below:
1. B, A, E, C, D
2. A, C, B, E, D
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3. C, A, D, E, B
4. E, B, D, C, A
1. A, B and C only
2. B, C and E only
3. C, D and E only
4. B, C and D only
47. A person shall not be a member of State Board constituted under the Air (Prevention and
Control of Pollution) Act, 1981.
1. A, B, C and D only
2. B, C, D and E only
3. A, B, C and E only
4. C, D, E and A only
48. Who among the following persons have been members of National Green Tribunal?
1. A, C and D only
2. A, C and E only
3. B, C, D and E only
4. B, D and A only
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1. A, B and C only
2. D, C and A only
3. A, B and D only
4. B, C and D only
1. A, B and C only
2. D and E only
3. B and C only
4. C and D only
51. Every prospectus issued by or on behalf of a public company shall state the following
information:
1. A, B, C and D only
2. C, D and E only
3. A, B and C only
4. A, B and D only
A. A company may issue debentures with option to convert them to shares, either wholly or
partly at the time of redemption.
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1. B, C and E only
2. A, B and E only
3. A, C and D only
4. C, D and E only
A. The suggestion as a fact, of that which is not true, by one who does not believe it to be
true.
B. The passive concealment of a fact.
C. A promise made without any intention of performing it.
D. Any other act fitted to deceive
E. Any such thing which the law declares as misrepresentation
Choose the most appropriate answer from the options given below:
1. A, B, C and D only
2. A, B and E only
3. C, D and E only
4. A, C and D only
54. Which among the following are the opinions of Prof. Dicey about rule of law?
A. There should be absence of discretionary power because it makes room for arbitrariness.
B. A person should suffer only for breach of Law.
C. Rights must flow from customs and traditions recognized by courts.
D. There was Administrative Law in England.
E. Dicey considered that special administrative courts in France reflected rule of law.
Choose the most appropriate answer from the options given below:
1. A, B, C and D only
2. B, C, D and E only
3. B, C and E only
4. A, B and C only
55. Which of the following is correct about the protected system under the Information
Technology Act, 2000?
A. National Nodal Agency may declare any computer resource as the protected system.
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B. Central Government prescribes the information security practices and procedures for
protected system.
C. Protected system relates to the protection of the facilities of critical information
infrastructure.
D. Indian Computer Emergency Response Team has the overall responsibility for taking all
measures for protection of protected system.
Choose the most appropriate answer from the options given below:
1. A, B, C only
2. B, C only
3. C, D only
4. A, D, C only
56.Who among the following are ‘public servants’ as expressly given under Section 21 of the
Indian Penal Code, 1860?
Choose the most appropriate answer from the options given below:
1. A, B and E only
2. B, C and D only
3. C, D and E only
4. A, B and C only
57. Following are the essential elements of theft under Indian Penal Code, 1860
A. Dishonest intention
B. The property should be taken out of the possession of any person without that person’s
consent
C. The person having possession must be the owner of such property
D. Property must be movable.
E. Taking away of the property should be permanent.
1. A, B and D only
2. B, C and D only
3. C, D and E only
4. A, C and D only
A. Mens rea
B. Actus reus
C. Motive
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D. Injury
E. Human being
Choose the most appropriate answer from the options given below:
1. B, C, D and E only
2. C, D, E and A only
3. A, B, D and E only
4. E, B, C and D only
59. Which of the following provisions have been inserted in the Indian Penal Code through
the Criminal Law (Amendment) Act, 2013?
A. Section 326 A
B. Section 326 B
C. Section 166 A
D. Section 166 B
E. Section 228 A
Choose the most appropriate answer from the options given below:
1. B, C, D and E only
2. C, D and E only
3. C, B and E only
4. A, B, C and D only
A. Negligence is the breach of a legal duty towards the other caused by omission.
B. Actionable negligence consists in the neglect of the use of ordinary care towards a person
to whom, he owes the duty.
C. Negligence is breach of legal duty to take care which results in damage.
D. There is no difference between civil and criminal negligence
E. The offence of death by negligence under IPC was amended in 2013
1. A, B and E only
2. B and D only
3. A, B and C only
4. C and D only
61. Article 38 of Statute of International Court of Justice enumerates which of the following
as sources of International Law:
1. A, B and C only
2. B and D only
3. B and C only
4. A and B only
A. A quasi-judicial body may never review its own decision if there is grave error of law in it.
B. A quasi-judicial body may review its own decision if there is grave error of law in it.
C. A quasi-judicial body has inherent power to review its own decision.
D. A quasi-judicial body has power to issue writs.
1. A and C only
2. B only
3. A only
4. B and D only
Choose the most appropriate answer from the options given below:
1. A and C only
2. A, B and D only
3. A, B and C only
4. B and C only
A. According to the Hindu Marriage Act, performance of Saptapadi before the sacred fire is
obligatory for marriage.
B. Chanting of mantra is not necessary while performing Saptapadi.
C. Saptapadi was customary ritual, incorporated under the Hindu Marriage Act.
D. In Hindu Marriage, Kanyadana cannot be regarded essential.
1. A and B only
2. B and D only
3. A, B and C only
4. B, C and D only
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65. In which of the following cases, the Supreme Court has held that while applying and
interpreting the anti-defection law, the speaker of Lok-Sabha functions as a tribunal:
Choose the most appropriate answer from the options given below:
1. B, C and E only
2. A, B and C only
3. C only
4. D only
LIST I LIST II
A. Specific goods in a deliverable state I. Section 64, Sale of Goods Act, 1930
B. Auction Sale II. Section 28, Sale of Goods Act, 1930
C. Remedy for breach of warranty III. Section 20, Sale of Goods Act, 1930
D. Sale by one joint owners IV. Section 59, Sale of Goods Act, 1930
LIST I LIST II
A. Limited Powers of Parlaiment I. UK
B. Residuary Power to the states II. India
C. Unlimited Powers of Parlaiment III. US
D. Constitutional Council IV. France
LIST I LIST II
A. Part IX B I. Tribunals
B. Part XIV A II. Co-operative societies
C. Part VIII III. Official Languages
D. Part XVII IV. Union Territories
LIST I LIST II
A. Rose and Frank Company v. Crompton I. Standard Form of Contract
and Brothers Ltd.
B. Harris v. Nickerson II. Intention to create Legal Relations
C. Olley v Marlborough Court Ltd III. Acceptance must be communicated by
the acceptor
D. Powell v Lee IV. Invitation to offer
LIST I LIST II
A. Registration of Marriage I. Section 112, Indian Evidence Act
B. Dowry Death II. Section 304B, IPC
C. Presumption of legitimacy of child III. Section 113, Indian Evidence Act
D. Marriage religious ceremonies IV. Section 8, Hindu Marriage Act
LIST I LIST II
A. Customs I. Corporation Sole
B. Post Master General II. Jural relations
C. Aristotle III. Historical School
D. Hohfeld IV. Distributive Justice
LIST I LIST II
A. X v. Principal Secretary, Health and I. Collaborative Federal Structure
Family welfare Development, NCT Delhi
(2022)
B. Union of India v. M/S Mohit Minerals II. All women, whether married and
through Director (2022) unmarried, are entitled to safe and legal
abortion.
C. Sahara India Real Estate Ltd. SEBI III. Postponement of publication
(2012)
D. NCT of Delhi v. Union of India IV. Uncooperative Federalism
LIST I LIST II
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LIST I LIST II
A. Promotion of International Peace and I. Article 210
Security
B. Conduct of Business of the Govt of India II. Article 176
C. Special Address by the Governor III. Article 77
D. Language to be used in the Legislature IV. Article 51
1. A, B, C, D
2. B, C, D, A
3. C, A, B, D
4. D, C, A, B
77. Arrange the following cases in Chronological Order (Old to New) where death sentence
has been awarded by the Supreme Court of India.
1. D, B, C, E, A
2. A, B, C, E, D
3. E, D, C, A, B
4. C, E, A, B, D
78. Which among the following most appropriately reflects the constitutional system for
India and USA?
A. Federal
B. Presidential
C. Democratic Form of Government
D. Unitary
E. Rule of Law
1. A, B, E
2. A, C, E
3. B, D, E
4. A, B, C, E
79. Arrange the following chapters of the Indian Penal Code on the basis of ascending order:
A. General Exceptions
B. Offences against the public tranquility
C. Offences against Property
D. Offences against Human Body
E. Offences against State
1. B, C, D, E, A
2. D, C, B, E, A
3. A, E, B, D, C
4. A, B, C, D, E
80. Arrange the following statutory provisions on first come basis as per the Indian Contract
Act, 1872
1. A, C, D, B, A
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2. A, B, C, E, D
3. A, C, E, D, B
4. C, A, D, B, E
81. Arrange the following as per sections of the Companies Act, 2013 in descending order:
1. C, D, E, A, B
2. B, C, D, E, A
3. C, A, E, D, B
4. B, A, D, C, E
82. Consider the following cases decided by the Supreme Court of India and arrange them in
correct sequence of the year of the judgements: (Old to New)
1. A, B, C, D, E
2. E, D, C, B, A
3. E, B, D, C, A
4. D, E, C, A, B
83. Consider the following cases decided by the Supreme Court of India and arrange them in
correct sequence of the year of the judgements: (New to Old)
1. A, B, C, D, E
2. B, C, D, E, A
3. D, C, B, A, E
4. C, B, A, D, E
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A. Intention
B. Preparation
C. Act
D. Conviction
E. sentence
1. E, D, C, B, A
2. A, B, C, D, E
3. B, C, D, E, A
4. D, C, B, A, E
85. Arrange the following cases year wise (old to new) as per the year of the judgments
delivered:
1. A, B, C, D, E
2. E, D, C, B, A
3. E, A, D, B, C
4. A, E, D, B, C
In the light of the above statements, chose the most appropriate answer from the options
given below.
87. Assertion A: The Supreme Court has opined that the doctrine of Stare-decises is one of
the important principles of precedents.
Reason: If the Supreme Court finds itself unable to accept the earlier view, it can decide the
case in a different way.
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In the light of the above statements, chose the most appropriate answer from the options
given below.
In the light of the above statements, chose the most appropriate answer from the options
given below.
89. Statement I: Law has its source in the general consciousness (volksgeist) of the people.
Statement II: Law is a product of the people’s life, it is manifestation of its spirit.
In the light of the above statements, chose the most appropriate answer from the options
given below.
90.
Statement I: Salmond says that common law is essentially a judge made law.
Statement II: Pollock said that the common law is a customary law i.e. based on customs.
In the light of the above statements, chose the most appropriate answer from the options
given below.
91. If a copy of a Constitution is placed in the hands of a law student, it is sure that he will ask
two questions. Firstly. what is the form of Government that is envisaged in the Constitution;
and secondly what is the form of the Constitution? Form of the proposed Government is
parliamentary. Form of the Draft Constitution is federal in as much as it establishes what may
be called a Dual policy. This dual policy under the proposed Constitution will consist of the
Union at the centre and the states at the periphery each endowed with sovereign powers to be
exercised in the field assigned to them respectively by the Constitution. Some critics have taken
objection to the description of India in Article 1 of the Constitution as a Union of States. It is
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said that the correct phraseology should be federation of States. It is true that South Africa,
which is a unitary State, is described as a Union. But Canada, which is a federation is also
called a Union. Thus, the description of India as a Union, though its Constitution is federal
does no violence to usage But what is important is that the use of the word union is deliberate.
As Dr. Ambedkar has said. "I do not know why the word 'Union was used in the Canadian
Constitution. But I can tell you why the Drafting Committee has used it in context of India.
The Drafting Committee wanted to make it clear that though India was to be a federation, the
federation was not the result of an agreement by the States to join in a federation and that
federation not being the result of an agreement, no state has the right to secede from it. The
Federation is a Union because it is indestructible. Though the country and the people may be
divided into different states for convenience of administration the country is one integral whole,
its people a single people living under a single imperium derived from a single source. The
Americans had to wage a civil war to establish that the states have no right of secession and
that their federation was indestructible. The Drafting committee thought that it was better to
make it clear at the outset rather than to leave it to speculation or to dispute.
Americans had to struggle very hard (to the extent of civil war) to establish to which of the
following?
A. America had dual policy.
B. Federation was indestructible.
C. States have their own Constitution separate from a federal Constitution
D. States have right to secede.
92. If a copy of a Constitution is placed in the hands of a law student, it is sure that he will ask
two questions. Firstly. what is the form of Government that is envisaged in the Constitution;
and secondly what is the form of the Constitution? Form of the proposed Government is
parliamentary. Form of the Draft Constitution is federal in as much as it establishes what may
be called a Dual policy. This dual policy under the proposed Constitution will consist of the
Union at the centre and the states at the periphery each endowed with sovereign powers to be
exercised in the field assigned to them respectively by the Constitution. Some critics have taken
objection to the description of India in Article 1 of the Constitution as a Union of States. It is
said that the correct phraseology should be federation of States. It is true that South Africa,
which is a unitary State, is described as a Union. But Canada, which is a federation is also
called a Union. Thus, the description of India as a Union, though its Constitution is federal
does no violence to usage But what is important is that the use of the word union is deliberate.
As Dr. Ambedkar has said. "I do not know why the word 'Union was used in the Canadian
Constitution. But I can tell you why the Drafting Committee has used it in context of India.
The Drafting Committee wanted to make it clear that though India was to be a federation, the
federation was not the result of an agreement by the States to join in a federation and that
federation not being the result of an agreement, no state has the right to secede from it. The
Federation is a Union because it is indestructible. Though the country and the people may be
divided into different states for convenience of administration the country is one integral whole,
its people a single people living under a single imperium derived from a single source. The
Americans had to wage a civil war to establish that the states have no right of secession and
that their federation was indestructible. The Drafting committee thought that it was better to
make it clear at the outset rather than to leave it to speculation or to dispute.
1. Same Concepts
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2. Obsolete Concepts
3. Irrelevant Concepts
4. Different Concepts
93. If a copy of a Constitution is placed in the hands of a law student, it is sure that he will ask
two questions. Firstly. what is the form of Government that is envisaged in the Constitution;
and secondly what is the form of the Constitution? Form of the proposed Government is
parliamentary. Form of the Draft Constitution is federal in as much as it establishes what may
be called a Dual policy. This dual policy under the proposed Constitution will consist of the
Union at the centre and the states at the periphery each endowed with sovereign powers to be
exercised in the field assigned to them respectively by the Constitution. Some critics have taken
objection to the description of India in Article 1 of the Constitution as a Union of States. It is
said that the correct phraseology should be federation of States. It is true that South Africa,
which is a unitary State, is described as a Union. But Canada, which is a federation is also
called a Union. Thus, the description of India as a Union, though its Constitution is federal
does no violence to usage But what is important is that the use of the word union is deliberate.
As Dr. Ambedkar has said. "I do not know why the word 'Union was used in the Canadian
Constitution. But I can tell you why the Drafting Committee has used it in context of India.
The Drafting Committee wanted to make it clear that though India was to be a federation, the
federation was not the result of an agreement by the States to join in a federation and that
federation not being the result of an agreement, no state has the right to secede from it. The
Federation is a Union because it is indestructible. Though the country and the people may be
divided into different states for convenience of administration the country is one integral whole,
its people a single people living under a single imperium derived from a single source. The
Americans had to wage a civil war to establish that the states have no right of secession and
that their federation was indestructible. The Drafting committee thought that it was better to
make it clear at the outset rather than to leave it to speculation or to dispute.
Like Union, the states are endowed with sovereign powers. This sovereign power of states is:
1. Unlimited
2. Determined by the Constitution
3. Limited by International Law
4. Guided by Jurisprudence
94. If a copy of a Constitution is placed in the hands of a law student, it is sure that he will ask
two questions. Firstly. what is the form of Government that is envisaged in the Constitution;
and secondly what is the form of the Constitution? Form of the proposed Government is
parliamentary. Form of the Draft Constitution is federal in as much as it establishes what may
be called a Dual policy. This dual policy under the proposed Constitution will consist of the
Union at the centre and the states at the periphery each endowed with sovereign powers to be
exercised in the field assigned to them respectively by the Constitution. Some critics have taken
objection to the description of India in Article 1 of the Constitution as a Union of States. It is
said that the correct phraseology should be federation of States. It is true that South Africa,
which is a unitary State, is described as a Union. But Canada, which is a federation is also
called a Union. Thus, the description of India as a Union, though its Constitution is federal
does no violence to usage But what is important is that the use of the word union is deliberate.
As Dr. Ambedkar has said. "I do not know why the word 'Union was used in the Canadian
Constitution. But I can tell you why the Drafting Committee has used it in context of India.
The Drafting Committee wanted to make it clear that though India was to be a federation, the
Masters Cave masterscaveofficial@gmail.com 9915222448
federation was not the result of an agreement by the States to join in a federation and that
federation not being the result of an agreement, no state has the right to secede from it. The
Federation is a Union because it is indestructible. Though the country and the people may be
divided into different states for convenience of administration the country is one integral whole,
its people a single people living under a single imperium derived from a single source. The
Americans had to wage a civil war to establish that the states have no right of secession and
that their federation was indestructible. The Drafting committee thought that it was better to
make it clear at the outset rather than to leave it to speculation or to dispute.
What did the Drafting Committee want to make clear at the outset?
95. If a copy of a constitution is placed in the hands of a law student, it is sure that he will ask
two questions. Firstly. what is the form of Government that is envisaged in the Constitution;
and secondly what is the form of the Constitution? Form of the proposed Government is
parliamentary. Form of the Draft Constitution is federal in as much as it establishes what may
be called a Dual policy. This dual policy under the proposed Constitution will consist of the
Union at the centre and the states at the periphery each endowed with sovereign powers to be
exercised in the field assigned to them respectively by the Constitution. Some critics have taken
objection to the description of India in Article 1 of the Constitution as a Union of States. It is
said that the correct phraseology should be federation of States. It is true that South Africa,
which is a unitary State, is described as a Union. But Canada, which is a federation is also
called a Union. Thus, the description of India as a Union, though its Constitution is federal
does no violence to usage But what is important is that the use of the word union is deliberate.
As Dr. Ambedkar has said. "I do not know why the word 'Union was used in the Canadian
Constitution. But I can tell you why the Drafting Committee has used it in context of India.
The Drafting Committee wanted to make it clear that though India was to be a federation, the
federation was not the result of an agreement by the States to join in a federation and that
federation not being the result of an agreement, no state has the right to secede from it. The
Federation is a Union because it is indestructible. Though the country and the people may be
divided into different states for convenience of administration the country is one integral whole,
its people a single people living under a single imperium derived from a single source. The
Americans had to wage a civil war to establish that the states have no right of secession and
that their federation was indestructible. The Drafting committee thought that it was better to
make it clear at the outset rather than to leave it to speculation or to dispute.
Article 1 of the Constitution of India uses the phrases “Union of States”, though it is a
“Federation”. The correct phraseology need not be “Federation of States” because:
96. Sting operation is a phenomenon which became popular in 1970s. With the advent of
technology and internet, sting operation is no more monopoly of media houses or big players.
Masters Cave masterscaveofficial@gmail.com 9915222448
Being essentially a deceptive operation. though designed to nab a criminal, a sting operation
raises certain moral and ethical questions besides legal issues. The victim, who is otherwise
innocent, is lured into committing a crime on the assurance of absolute secrecy and
confidentiality of the circumstances raising the potential question as to how such a victim can
be held responsible for the crime which he would not have committed but for the enticement.
Another issue that arises from such an operation is the fact that the means deployed to establish
the commission of the crime itself involves a culpable act. In the U.S. a sting operation is
recognized as a legal method of law enforcement in a limited manner. The same is not the
position in India. A sting operation carried out in public interest has had the approval of Court
in R. K. Anand V/s Registrar, Delhi High Court (2009) though it will be difficult to understand
the ratio in the said case as an approval of such a method as an acceptable principle of law
enforcement valid in all cases. A crime does not stand obliterated or extinguished merely
because its commission is claimed to be in public interest. Any such principle would be
abhorrent to our criminal jurisprudence. At the same time the criminal intent behind the
commission of the act will have to be established. The offence of abetment (section 107),
criminal conspiracy (Section 120A) s 354C, 354D under IPC and some provisions of the
Information Technology Act, 2000 would, thus, require criminal intent.
97.
Sting operation is a phenomenon which became popular in 1970s. With the advent of
technology and internet, sting operation is no more monopoly of media houses or big players.
Being essentially a deceptive operation. though designed to nab a criminal, a sting operation
raises certain moral and ethical questions besides legal issues. The victim, who is otherwise
innocent, is lured into committing a crime on the assurance of absolute secrecy and
confidentiality of the circumstances raising the potential question as to how such a victim can
be held responsible for the crime which he would not have committed but for the enticement.
Another issue that arises from such an operation is the fact that the means deployed to establish
the commission of the crime itself involves a culpable act. In the U.S. a sting operation is
recognized as a legal method of law enforcement in a limited manner. The same is not the
position in India. A sting operation carried out in public interest has had the approval of Court
in R. K. Anand V/s Registrar, Delhi High Court (2009) though it will be difficult to understand
the ratio in the said case as an approval of such a method as an acceptable principle of law
enforcement valid in all cases. A crime does not stand obliterated or extinguished merely
because its commission is claimed to be in public interest. Any such principle would be
abhorrent to our criminal jurisprudence. At the same time the criminal intent behind the
commission of the act will have to be established. The offence of abetment (section 107),
criminal conspiracy (Section 120A) s 354C, 354D under IPC and some provisions of the
Information Technology Act, 2000 would, thus, require criminal intent.
98. Sting operation is a phenomenon which became popular in 1970s. With the advent of
technology and internet, sting operation is no more monopoly of media houses or big players.
Being essentially a deceptive operation. though designed to nab a criminal, a sting operation
raises certain moral and ethical questions besides legal issues. The victim, who is otherwise
innocent, is lured into committing a crime on the assurance of absolute secrecy and
confidentiality of the circumstances raising the potential question as to how such a victim can
be held responsible for the crime which he would not have committed but for the enticement.
Another issue that arises from such an operation is the fact that the means deployed to establish
the commission of the crime itself involves a culpable act. In the U.S. a sting operation is
recognized as a legal method of law enforcement in a limited manner. The same is not the
position in India. A sting operation carried out in public interest has had the approval of Court
in R. K. Anand V/s Registrar, Delhi High Court (2009) though it will be difficult to understand
the ratio in the said case as an approval of such a method as an acceptable principle of law
enforcement valid in all cases. A crime does not stand obliterated or extinguished merely
because its commission is claimed to be in public interest. Any such principle would be
abhorrent to our criminal jurisprudence. At the same time the criminal intent behind the
commission of the act will have to be established. The offence of abetment (section 107),
criminal conspiracy (Section 120A) s 354C, 354D under IPC and some provisions of the
Information Technology Act, 2000 would, thus, require criminal intent.
1. Same
2. Not Same
3. Same only, if done in public interest.
4. Not same because all sting operations are punishable under Information Technology Act,
2000
99. Sting operation is a phenomenon which became popular in 1970s. With the advent of
technology and internet, sting operation is no more monopoly of media houses or big players.
Being essentially a deceptive operation. though designed to nab a criminal, a sting operation
raises certain moral and ethical questions besides legal issues. The victim, who is otherwise
innocent, is lured into committing a crime on the assurance of absolute secrecy and
confidentiality of the circumstances raising the potential question as to how such a victim can
be held responsible for the crime which he would not have committed but for the enticement.
Another issue that arises from such an operation is the fact that the means deployed to establish
the commission of the crime itself involves a culpable act. In the U.S. a sting operation is
recognized as a legal method of law enforcement in a limited manner. The same is not the
position in India. A sting operation carried out in public interest has had the approval of Court
in R. K. Anand V/s Registrar, Delhi High Court (2009) though it will be difficult to understand
the ratio in the said case as an approval of such a method as an acceptable principle of law
enforcement valid in all cases. A crime does not stand obliterated or extinguished merely
because its commission is claimed to be in public interest. Any such principle would be
abhorrent to our criminal jurisprudence. At the same time the criminal intent behind the
commission of the act will have to be established. The offence of abetment (section 107),
criminal conspiracy (Section 120A) s 354C, 354D under IPC and some provisions of the
Information Technology Act, 2000 would, thus, require criminal intent.
Masters Cave masterscaveofficial@gmail.com 9915222448
The decision of R.K. Anand v. Registrar, Delhi High Court (2009) is applicable
100. Sting operation is a phenomenon which became popular in 1970s. With the advent of
technology and internet, sting operation is no more monopoly of media houses or big players.
Being essentially a deceptive operation. though designed to nab a criminal, a sting operation
raises certain moral and ethical questions besides legal issues. The victim, who is otherwise
innocent, is lured into committing a crime on the assurance of absolute secrecy and
confidentiality of the circumstances raising the potential question as to how such a victim can
be held responsible for the crime which he would not have committed but for the enticement.
Another issue that arises from such an operation is the fact that the means deployed to establish
the commission of the crime itself involves a culpable act. In the U.S. a sting operation is
recognized as a legal method of law enforcement in a limited manner. The same is not the
position in India. A sting operation carried out in public interest has had the approval of Court
in R. K. Anand V/s Registrar, Delhi High Court (2009) though it will be difficult to understand
the ratio in the said case as an approval of such a method as an acceptable principle of law
enforcement valid in all cases. A crime does not stand obliterated or extinguished merely
because its commission is claimed to be in public interest. Any such principle would be
abhorrent to our criminal jurisprudence. At the same time the criminal intent behind the
commission of the act will have to be established. The offence of abetment (section 107),
criminal conspiracy (Section 120A) s 354C, 354D under IPC and some provisions of the
Information Technology Act, 2000 would, thus, require criminal intent.