Daily Static MCQs for Judiciary Prelims Exams - (12 October 2023)
Question/ Answer
Question1:-The President can declare financial emergency
1. On the recommendation of the Comptroller and Auditor General
2. If there is a threat to the financial stability or credit of India
3. If the majority of the state legislatures so recommend
4. To meet the extraordinary expenses of conducting a war
Answer is 2 is correct. As per Article 360 of the Constitution of India 1950 if President is satisfied that the stability and credit of India or any of its part is in danger. Though, this emergency cannot be declared for longer than two months unless it is approved by both the Houses. Therefore option (2) is the correct answer.
Question2:-The qualification for the Chairman and the members of the Finance Commission are specified in
1. Finance Commission Act of 1950
2. Finance Commission Act of 1951
3. Finance Commission Act of 1952
4. Finance Commission Act of 1953
Answer is 2 is correct. Finance commission is recognized as a Constitutional body under Article 281 of the Constitution of India 1950. The Finance Commission Act of 1951 lays down the qualification, term of office, conditions of service, salaries, procedure and powers of the chairman and members of the commission. Therefore option (2) is the correct answer.
Question3:-“Khap panchayat’s interference in marriage of consenting adults is illegal” was held in
1. Lata Singh vs. State of UP
2. Shakti Vahini vs Union of India
3. Shafin Jahan vs Ashok K. M.
4. Sabah Adnan Sami vs Adnan Sami
Answer is 2 is correct. Bench of Chief Justice Dipak Misra, Justices A.M Khanwilkar and D Y Chandrachud ruled this in the case of Shakti Vahini vs. Union of India 2018. This case deals with honor killing, wherein Supreme Court directed the state government and police department to make a complex mechanism in order to curb honor killings. Therefore option (2) is the correct answer.
Question4:-If an intestate has left no heir qualified to succeed to his/her property, such property shall devolve on the government subject to all the obligations and liabilities attached to it is dealt with which doctrine
1. Doctrine of Fatum Valet
2. Doctrine of Escheat
3. Doctrine of Patria Potestas
4. Doctrine of Relating back
Answer is 2 is correct. Doctrine of Escheat deals with this principle. Though this principle does not apply when the person died had made a will regarding his property. Therefore option (2) is the correct answer.
Question5:-Who introduced the concept of Third Generation Human Rights
1. John Finnis
2. Jeremy Bentham
3. Karl Marx
4. Karel Vasak
Answer is 4 is correct. Third generation human rights focused upon collective rights rather than individual centric approach. This includes right to environment, right to development, etc. This concept was introduced by a French Jurist Karel Vasak. Therefore option (d) is the correct answer.
Question6:-Right to Private defence even to the extent of causing death of assailant cannot be claimed if
1. His assault may reasonably cause apprehension of death of the victim
2. His assault is with the intention causing rape
3. His assault is with the intention of causing insult to women
4. His assault is with the intention of gratifying unnatural lust
Answer is 3 is correct. Section 100 of the Indian Penal Code lays down eight grounds when right of private defence of the body extends to causing death. The list does not include insult to women and therefore option (3) is the correct answer.
Question7:-Statement of witness recorded under Section 164 CrPC are
1. Substantive piece of evidence
2. Corroborative piece of evidence
3. Relevant piece of evidence
4. Both (a) and (b)
Answer is 2 is correct. Statement recorded under Section 164 CrPC is not a substantive evidence rather can be used to corroborate or contradict under Section 145 or 157 of Indian Evidence Act. Therefore option (2) is the correct answer.
