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National Law University, New Delhi

All India Law Entrance Test (AILET) 2012

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SECTION – A : LEGAL APTITUDE

1. What is minimum duration of stay essential before a person can apply for citizenship of India?

(A) Five years
(B) Seven years
(C) Nine years
(D) Twelve years

2. The Ordinances issued by the Governor are subject to the approval by

(A) State legislature
(B) President
(C) Central Government
(D) Parliament

3. Scheduled Castes and Scheduled Tribes

(A) have been specified by the Presidential Orders issued in consultation with the Governors of the respective States

(B) have been specified in the Constitution by the Constitution makers in the form of a Schedule

(C) have to be specified and notified by the Parliament after detailed discussions about the backward nature of these people

(D) are the Castes and Tribes notified by the State Government after detailed discussion as to their socio-economic conditions

4. Free legal aid for an accused is a

(A) Fundamental right
(B) Fundamental duty of the State
(C) Directive Principles of State Policy
(D) Discretion of the State

5. The concept of Secular State is that the State will not make any discrimination on the ground of religion, caste or community against any person professing any particular form of religious faith. The Secularism is embodied in

(A) Preamble of Constitution
(B) Directive Principles of State Policy
(C) Fundamental Rights
(D) Judicial Interpretation of Fundamental Rights

6. The National Development Council consists of

(A) Members of Planning Commission
(B) Cabinet Ministers and State Chief Ministers
(C) Representatives of Union Territories
(D) All of the above

7. Who allocates portfolios among the Ministers?

(A) Prime Minister
(B) President
(C) President on the recommendation of the Prime Minister
(D) Chairperson of Ruling Political Party

8. Which Indian language is given the status of ‘Classical language’ by the Central Government?

(A) Sanskrit
(B) Telugu
(C) Tamil
(D) Pali

9. Each member of the Security Council has one vote. Decisions on procedural matters are to be taken by .............................. permanent members. Here veto does not apply. On all other matters, there must be nine affirmative votes including those of five permanent members.

(A) 6
(B) 7
(C) 8
(D) 5

10. The first venture of Mahatma Gandhi in all India Politics was

(A) Non-cooperation Movement
(B) Dandi March
(C) Champaran Movement
(D) Rowlatt Satyagrah

11. The “Right to Information” (RTI) is a

(A) Constitutional Right
(B) Statutory Right
(C) Fundamental Right
(D) Contractual Right

12. Which of the following committees has recommended measures for banning and controlling ragging in educational establishments in India?

(A) The Raghavan Committee
(B) Jasraj Committee
(C) Narsimhan Committee
(D) Soli Sorabjee Committee

13. The Constitution of India does not mention the post of

(A) The Deputy Speaker of the Lok Sabha
(B) The Deputy Speaker of the State Legislative Assembly
(C) The Deputy Chairman of the Rajya Sabha
(D) The Deputy Prime Minister

14. A Judge of the Supreme Court of India or High Court of any State can be removed by the President of India only

(A) when the Principles of Natural Justice are followed and the alleged misconduct is proved in an impartial enquiry
(B) if he is satisfied through the report made by the Chief Justice of India that the misconduct of the judge has been proved
(C) when an address is made by both the Houses of Parliament in the same session asking for his/her removal on the grounds of proven misbehaviour and incapacity
(D) when the President and the Prime Minister are satisfied that he or she has committed a misconduct and the same has been proved before a competent authority

15. The Constitution of India is the result of considerable imitation and adaptation rather than originality because

(A) Makers of Indian Constitution drew much from the American Constitution, Canadian Constitution and British made Government of India Act, 1935
(B) Makers of Indian Constitution drew much from Swiss Constitution, German Constitution and Government of India Act of 1919
(C) Makers of Indian Constitution drew much from Constitution of Singapore, Constitution of Sri Lanka and Government of India Act of 1919
(D) Makers of Indian Constitution drew from Constitution of South Africa, Constitution of Netherlands and Government of India Act of 1919

16. For transfer of accused person from a foreign State to India for any offence within India or relating to India is done

(A) by previous repatriation agreement between India and concerned foreign country
(B) by instant repatriation agreement between India and concerned foreign country
(C) at the desire of ambassador representing India in concerned foreign country
(D) at the desire of the ambassador who represents concerned foreign country in India

17. Whether a Bill is a Money Bill or not is certified by the ________ and his decision is conclusive

(A) President
(B) Chairman of Rajya Sabha
(C) Speaker of Lok Sabha
(D) Chairman of Public Accounts Committee

18. __________ seats are reserved in all Panchayats at all levels for women

(A) One-fourth
(B) One-third
(C) One-half
(D) Two-third

19. A seat of a M.P. can be declared vacant if he absents himself from the House for a continuous period of

(A) Six months
(B) Two months
(C) Three months
(D) One year

20. What is true with Members of Parliament’s immunity from arrest?

(A) In civil cases while the Legislature is in Session, for 40 days before and after and in criminal cases no arrest during Parliament Session
(B) In civil cases, while Legislature is in Session and for 40 days before and after and in criminal cases arrest can be made at any time
(C) In civil cases while the Legislature is in Session, for 20 days before and after and in criminal cases no arrest during Parliament Session
(D) In civil cases, while Legislature is in Session and for 20 days before and after and in criminal cases arrest can be made at any time

21. The maximum duration of the zero hour in Lok Sabha can be

(A) One hour
(B) Unspecified
(C) 3 0 minutes
(D) Two hours

22. Dealing with the chapter of citizenship under the Constitution, the Supreme Court has held that Sonia Gandhi, the President of Congress (I) is not an Italian citizen, but is an Indian citizen because she is governed by

(A) Article 10, Constitution of India
(B) Article 11, Constitution of India
(C) The Citizenship Act, 1955
(D) Article 5, Constitution of India

23. What is true with appointment of Attorney General for India?

(A) He can be appointed by President of India and is qualified to be appointed a Judge of Supreme Court
(B) He can be appointed by President of India and is qualified to be appointed a Judge of High Court
(C) He can be appointed by a Special Commission and is qualified to be appointed as Law Minister
(D) He can be appointed by Chief Justice of India and is qualified to be appointed as a Judge of Supreme Court

24. The earliest Codified Laws (Civil and Criminal) that defined and demarcated for first time in India during 335-345 A.D. was followed in the

(A) Huna reign
(B) Sakka reign
(C) Mughal reign
(D) Gupta reign

25. Which of the following statements is/are not correct about the Objectives Resolution?

I. It was moved by Jawaharlal Nehru in the Constituent Assembly
II. It called for just right for minorities
III. It formed the basis for the chapter on Fundamental Rights
IV. It called for the establishment of a socialist and secular polity

(A) I and II
(B) I, II and III
(C) III and IV
(D) Only III

26. The right to constitutional remedies in India is available to

(A) only the citizen of India
(B) all persons in case of infringement of any fundamental right
(C) any person for enforcing any rights conferred on them
(D) an aggrieved individual alone

27. Money bills can be introduced in the State Legislature with the prior consent of the

(A) President
(B) Governor
(C) Speaker
(D) Chief Minister

28. While a proclamation of emergency is in operation, the State Government

(A) cannot legislate
(B) can legislate only on subjects in the Concurrent List
(C) can legislate on the subjects in the State List
(D) is suspended

29. A political party is recognised by the Election Commission only if

I. it has been engaged in political activity for a continuous period of five years
II. has returned at least one member of the Lok Sabha for every 25 members of that House or any fraction of that number elected from that State
III. has polled not less than six per cent of the total number of valid votes polled by all contesting candidates at the general elections
IV. has contested elections in four or more states in three consecutive general elections

(A) I and II
(B) I, III and IV
(C) I, II and III
(D) I, II, III and IV

30. Electioneering has to stop in a constituency

(A) one day before the election
(B) 48 hours before election starts
(C) 36 hours before a poll commences
(D) 48 hours before the closing hour of polling

Directions (Q. 31- Q.35): Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

31. LEGAL PRINCIPLE: In case of a breach of contract, compensation can be awarded for the personal inconvenience suffered by a party by reason of the breach, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract to be likely to result from the breach of it. FACTUAL SITUATION: Sunita and Sushmita bought bus tickets for a journey from Adyar to Mandaveli. The bus was to go to St. Thomas Mount via Mandaveli. However, the driver mistakenly took a wrong direction and the two girls were dropped at a distance of 2½ miles from Mandaveli on the highway. With no other transportation in sight nor a place to stay, the two had to walk 2½ miles at midnight. Later they filed a case against the bus company and claimed Rs. 5000 as damages for inconvenience caused in having to walk and Rs. 6500 for Sushmita having fallen ill by catching cold during the night. DECISION:

(A) Both the amounts are liable to be paid because Sunita and Sushmita suffered loss for no fault of theirs.
(B) The bus company is liable to pay both the amounts claimed because the loss was suffered on account of the fault of the bus company and the inconvenience suffered and illness arose was in the normal course of things
from breach of contract.
(C) The compensation for inconvenience suffered by being forced to walk at night is liable to be paid by the bus company. However, no compensation for Sushmita’s illness because this was not expected on account of breach of contract.
(D) The bus company is not liable to pay any amount, because it was the driver’s fault

32. FACTUAL SITUATION: In order to ensure that people live in an amicable atmosphere the Government of India decided to abolish courts and constituted Dispute Settlement Boards. Further to achieve this objective, the law stipulated that lawyers should not be allowed to espouse the claims of parties, and instead their claims be espoused by social workers.

LEGAL PRINCIPLES: (I) Any law made by the Parliament that infringes the fundamental rights of the citizens is invalid and unenforceable.

(II) Freedom to carry on trade or profession of one’s own choice is a fundamental right.

(III) The Parliament is competent to impose reasonable restrictions on the exercise of this right.

(IV) If the restrictions, on fundamental rights imposed by the Parliament, totally removes or nullifies any fundamental right then it will be construed as an unreasonable restriction.

DECISION: (A) The law made by the Parliament is valid as it does not infringe any fundamental right.

(B) The law made by the Parliament is valid as even though there is restriction of fundamental right, such a restriction is reasonable.

(C) The law made by the Parliament is invalid as it constitutes an infringement of fundamental rights and the restriction imposed is not reasonable.

(D) None of the above answer is correct.

33. LEGAL PRINCIPLES: A right to action cannot arise out of an illegal activity.

FACTUAL SITUATION: A and B were thieves engaged in stealing cars and other vehicles. Once they stole a car; and while driving off, they had to cross a city. They engaged a driver to drive them through the city, since they did not know the route inside. The indicator lamp of the car was not working and the thieves had not realised this, and therefore, had not told about it to the driver. While driving, through the city, the car was hit by another vehicle because of the faulty indicator. In the accident, the driver was injured and he filed a suit against A and B.

DECISION:
(A) The driver would lose, because he was driving a stolen car.
(B) The driver would win, because he was not a party to the stealing of car.
(C) The driver would win because he did not know anything about the stealing.
(D) None of the above answer is correct.

34. LEGAL PRINCIPLES: A man would be responsible for all direct consequences of his act, in so far as he could reasonably foresee them as arising from his act.

FACTUAL SITUATION: A ship carrying petroleum was moving on the high sea. On a short halt in a port, the master of the ship engaged some stevedores to load some metallic planks onto the ship. While loading the planks, a plank slipped from the hands of stevedore and the spark, emitted thereby, ignited petroleum vapour and caused considerable damage to the goods. The owner of the goods filed a suit against the master of the ship.

DECISION:
(A) The master of the ship is not liable, because he was not responsible for the act of stevedore.
(B) The master of the ship is liable, because he is responsible for the acts of stevedore since he engaged them.
(C) The master is liable, because he should have foreseen the consequences of the stevedore’s act.
(D) None of the above answer is correct.

35. LEGAL PRINCIPLES: All minorities, whether based on religion or language shall have the rights to establish and administer educational institution of their choice.

FACTUAL SITUATION: Md. Yusuf wants to establish an educational institution to help the poor person of his community and to educate the children of the community. Yusuf being a very rich man has no problem regarding finance for institution. Therefore he applies to state government to grant him permission to establish and administer the institution. State government rejects his plea on ground that said institution will create communal tension in the proposed area. Yusuf has following remedies:

(A) He should file a civil suit in District Court.
(B) He should file a special leave petition before Supreme Court.
(C) He has no remedy under the law.
(D) He could file a writ petition either before the High Court or the Supreme Court.

Question Booklet of B.A.,LLB.(Hons.) - AILET-2012 Download

Answer Key Download

Courtesy: NLU Delhi