Legal IQ

Interview Questions For Judicial Service Aspirants

Q.1 What are the grounds for declaring Financial Emergency in India?
Ans. When there is threat to the financial stability or credit of India or any part of the territory of India.

Q.2 What do you mean by Right to Equality?
Ans. It ensures that there is no special privilege in favour of any person. That all are equal in the eyes of law and are subject to the ordinary law of the land and that no person, whatever his rank or condition, is above the law.

Q.3 In which case has the Supreme Court laid down the new approach to Equality?
Ans. This was so held by the Supreme Court in the case of E.P. Royappa v. State of Tamil Nadu, AIR 1974 SC 555.

Q.4 Which case is known as Habeas Corpus Case?
Ans. ADM Jabalpur v. Shivakant Shukla.

Q.5 In which case was it laid down that Judicial Review is basic part of the Constitution?
Ans. In Keshavananda Bharati v. .

Q.6 What do you mean by Doctrine of Eclipse?
Ans. When an existing law is inconsistent with the fundamental rights as enumerated in Part III of the Constitution, then the existing law becomes inoperative from the date of the commencement of the Constitution of India i.e. 26-1-1950.

Q.7 Is it correct that doctrine of eclipse applies to post constitutional laws against citizens?
Ans. Yes, as held by the Supreme Court in the case of Dulare Lodh v. 3rd Additional Judge, Kanpur, AIR 1984 SC 1260.

Q. 8 Can a citizen have the power to waive his Fundamental Right?
Ans. In Basheshwar Nath v. C.I.T., AIR 1959 SC 149 it was laid down that citizens cannot have the power to waive their fundamental rights.

Q.9 What is the most striking feature of the Federal Government?
Ans. division of power between the Centre and the State.

Q. 10 Under the Constitution of India, who has the power to proclaim National Emergency in India?
Ans. President on the written advice of the Union Cabinet can proclaim National Emergency in India.

Q. 11 What are the consequences of the Proclamation of Emergency in India?
Ans. Following are the consequences of proclaiming Emergency in India:
i. Extend the Parliament’s power to make laws on those subjects which are enumerated in the State List.
ii. Automatic suspension of Article 19 of the Constitution of India.
iii. Extends the Executive power of the Centre/Union.

Q.12 What is the nature of Muta Marriage?
Ans. It is a temporary marriage.

Q.13 With whom can a Shia male marry?
Ans. Only with a Muslim woman.

Q.14 Whether a wife has the power to prosecute her husband as adulterer for the offence of adultery as enumerated in Section 497 IPC?
Ans. No, This was so explained by the Supreme Court in the case of Revathi v. Union of India wherein the Court observed that the right to prosecute the adulterer is only given to the husband of the adulteress but has not been given to the wife of the adulterer and further held that there was no discrimination based on sex and section 497 IPC is thereby held valid.

Q.15 In which case was the validity of Sections 3 and 4 of the Muslim women (Protection of Rights on Divorce) Act, 1986 was challenged?
Ans. Daniel Latifi v. Union of India, AIR 2001 SC 3262.

Q.16 What is the prescribed period provided under CPC 1908 within which a written statement can be filed by the defendant?
Ans. Written statement is to filed by the defendant within 30 days from the date of service of summons.

Q.17 What is meant by Reasoned Decision?
Ans. Decision which contains reasons in support of it is known as Reasoned decision.

Q.18 What are the grounds on which writ of prohibition as envisaged under Article 32 of the Constitution of India can be invoked?
Ans. Following are the grounds on which writ of prohibition as envisaged under Article 32 of the Constitution of India can be issued:
1) For violating the principles of natural justice;
2) Abuse of jurisdiction.


NOTE: The answers are suggestive. Kindly verify from the basic documents, judgments, gazette notifications or recommended textbooks in case of doubts. Answers given by the author herein are his own personal views and neither the publisher nor the author holds any responsibility for any mistake that may have inadvertently crept in.


 

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