MCQ 06 October 2025

Daily MCQs for Judiciary Prelims Exams - (06 October 2025)



Question/ Answer
Question 1: The concept of a legal right is often considered to have five essential elements, commonly summarized by Salmond. A crucial element is the 'Subject of the Right'. Which of the following statements best defines the 'Subject of the Right' in a legal context?
  • A) The person or object over which the right is exercised (i.e., the property itself).
  • B) The person against whom the corresponding duty is imposed (i.e., the person bound).
  • C) The person in whom the right resides or the owner of the right (i.e., the person entitled).
  • D) The act or forbearance that the person bound is obligated to perform (i.e., the content of the right).
Correct Answer: (C)Explanation Salmond describe a legal right as having five essential elements:

1. The Subject (or Owner): The person who possesses the right (Person of Inherence).

2. The Object (or Subject-Matter): The thing over which the right is exercised (e.g., a car, a piece of land).

3. The Content: The act or omission (duty) which the person bound is obliged to do or not to do.

4. The Person of Incidence (or Duty Holder): The person bound by the duty corresponding to the right.

5. Title: The facts by which the right is vested in the owner.

Question 2: Section 21 of the Indian Contract Act, 1872, governs the effect of a mistake on a contract. What is the legal effect of a contract that is induced by a mistake as to any law in force in India?
  • A) The contract is voidable at the option of the party whose consent was so caused, similar to fraud or coercion.
  • B) The contract is not voidable, as a mistake of law in force in India does not generally excuse performance.
  • C) The contract is absolutely void if the mistake is shared by both parties (bilateral mistake).
  • D) The contract is valid, but the mistake can be a ground for claiming compensation or damages.
Correct Answer: (B) Explanation: The Governing Law Section 21 of the Indian Contract Act, 1872 deals with the effect of a mistake of law. The Section embodies the legal maxim 'Ignorantia Juris non excusat' (Ignorance of the law excuses no one). The general rule is that a contract is not voidable merely because it was caused by a mistake as to any law in force in India. Every person is presumed to know the law of their own country. This general rule has an exception: a mistake as to a law not in force in India (i.e., a foreign law) is treated the same way as a mistake of fact, which makes the contract void under Section 20 if the mistake is bilateral and relates to a fact essential to the agreement.
Question 3: The quorum for the Joint Sitting of the Indian Parliament is:
  • A) One-twelfth of the total number of members of the House
  • B) One-sixth of the total number of members of the House
  • C) One-tenth of the total number of members of the House
  • D) Two-third of the total number of members of the House
Answer (C) is correct. Explanation: The question pertains to the rules governing the functioning of Parliament, specifically for a Joint Sitting convened under Article 108 of the Constitution of India. Article 100(3) of the Constitution mandates the Quorum for a sitting of either House of Parliament. It specifies that the Quorum shall be one-tenth of the total number of members of the HouseSince a Joint Sitting is a combined meeting of both Houses (Lok Sabha and Rajya Sabha), the Quorum requirement remains the same: one-tenth of the total number of members of both Houses combined, as specified in Article 108(4) read with Article 100(3).
Question 4- Where is custom defined as a rule which has been followed for a long time and has obtained the force of law among people of the Hindu community?
  • A) Section 7 of Hindu Marriage Act, 1955
  • B) Section 3 of Hindu Marriage Act, 1955
  • C) Section 3 of Hindu Succession Act, 1956
  • D) Section 7 of Hindu Succession Act, 1956
Answer (B) is correct. Explanation: The expressions “custom” and “usage” signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family. Provided that the rule is certain and not unreasonable or opposed to public policy; and provided further that in the case of a rule applicable only to a family it has not been discontinued by the family.
Question 5- A bequest to a child in womb is valid under Muslim law, if the child is born alive within what period?
  • A) 3 months of the date of will
  • B) 4 months of the date of will
  • C) 6 months of the date of will under Sunni Law and within 10 months under Shia Law
  • D) None of these
Answer C is correct. Explanation: Under Muslim Law, a bequest (will) in favour of a child in the womb (also called an unborn child) is valid, provided certain conditions are met:

Under Sunni Law:

The child must be born alive.

The child must be born within 6 lunar months from the date of the will.

This is based on the minimum gestation period presumed under Islamic jurisprudence.

Under Shia Law:

The child must be born alive, and

Must be born within 10 lunar months from the date of the testator's death (not the will).

The Shia school allows a longer gestation period, hence the 10-month limit


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