Law Officer MCQ Quiz - Objective Question with Answer for Law Officer - Download Free PDF

The correct answer is 'Introduce sunset clauses and judicial review.'

Key Points

• Introduce sunset clauses and judicial review:
  • The National Security Act (NSA) allows preventive detention for up to 12 months, which has often been criticized for lack of accountability and misuse.
  • Sunset clauses involve setting an expiration date for certain provisions, ensuring periodic review and re-authorization by lawmakers. This prevents indefinite application of restrictive laws.
  • Judicial review enables courts to examine the legality and constitutionality of detentions under the NSA, ensuring they are not arbitrary and adhere to principles of justice.
  • These reforms aim to balance national security concerns with the protection of individual rights and freedoms, ensuring accountability and transparency in the use of preventive detention powers.

Additional Information

• Increase detention time beyond 12 months:
  • This option is counterproductive as it can lead to further curtailment of personal freedoms and increase the risk of misuse of preventive detention laws.
  • Extending detention time without adequate safeguards could violate constitutional rights such as Article 21 (Right to Life and Personal Liberty).
• Deny detainees legal aid:
  • This option undermines the principles of natural justice and fair trial by depriving individuals of their right to legal representation.
  • Denying legal aid would go against Article 22 of the Constitution, which provides safeguards against arbitrary detention.
• Grant police unchecked powers:
  • Unchecked powers for police could lead to abuse and arbitrary actions, compromising the rights of individuals and the democratic fabric of the country.
  • Accountability mechanisms are essential to ensure that police powers are exercised within the bounds of law and respect for human rights.

The correct answer is 'Allahabad High Court'

Key Points

• Allahabad High Court and its role in 2021:
  • The Allahabad High Court made headlines in 2021 for quashing a significant number of National Security Act (NSA) detention orders, showcasing instances of misuse of the act by authorities.
  • The NSA is a preventive detention law that allows authorities to detain individuals without formal charges or a trial if they are perceived as a threat to national security or public order.
  • The Court observed that the law was being misused in several cases, where detentions were not justified on legal grounds or lacked sufficient evidence.
  • The judgment underlined the importance of adhering to constitutional safeguards and ensuring that such stringent laws are not applied arbitrarily.

Additional Information

• Other High Courts (Incorrect Options):
  • Delhi High Court: While the Delhi High Court has addressed issues of misuse of laws in some cases, it was not the court that primarily quashed a large number of NSA orders in 2021.
  • Bombay High Court: The Bombay High Court is known for its rulings on various legal and constitutional matters but did not focus on widespread quashing of NSA orders during the specified period.
  • Karnataka High Court: The Karnataka High Court has dealt with significant legal issues in the state, but there is no notable record of it quashing NSA orders on the scale observed in the Allahabad High Court in 2021.
• Significance of the Ruling:
  • The Allahabad High Court’s actions highlighted the judiciary’s role as a guardian of constitutional rights and a check on executive overreach.
  • It emphasized that preventive detention laws like the NSA should be applied sparingly and only in cases where there is substantial evidence of a threat to national security or public order.

The correct answer is 'Bengal Regulation III, 1818'

Key Points

• Bengal Regulation III, 1818:
  • Bengal Regulation III of 1818 was enacted by the British East India Company to empower the government to detain individuals without trial on grounds of suspicion of anti-state activities.
  • The law was primarily used to suppress dissent and maintain colonial authority during the British era.
  • It allowed preventive detention, a concept that later inspired the National Security Act (NSA) of 1980, which enables the government to detain individuals who pose a threat to national security or public order.
  • The NSA, much like the Bengal Regulation III, focuses on preventive measures rather than punitive actions, making it a direct descendant of this colonial law.

Additional Information

• Indian Penal Code (IPC):
  • The IPC, enacted in 1860, is a comprehensive criminal code of India that defines crimes and prescribes punishments. While it deals with criminal offenses, it does not have provisions for preventive detention, making it unrelated to the National Security Act.
• Government of India Act, 1935:
  • The Government of India Act, 1935, laid the foundation for federal governance and introduced provincial autonomy but did not address preventive detention or measures similar to the National Security Act.
• Indian Evidence Act:
  • Enacted in 1872, the Indian Evidence Act governs the admissibility of evidence in courts. It focuses on judicial procedures and evidence handling rather than preventive detention or security-related measures.

The correct answer is 'NCRB does not record National Security Act detentions due to absence of FIRs'

Key Points

• Overview of the National Security Act (NSA):
  • The National Security Act (NSA) of 1980 grants the government the authority to detain individuals to prevent them from acting in a manner that could harm national security or public order.
  • Under this act, preventive detention can be imposed for up to 12 months without the need for a formal charge or trial.
  • However, due to its broad scope and lack of accountability mechanisms, the NSA has been widely criticized for its potential misuse.
• Reasons for criticism regarding data transparency:
  • The National Crime Records Bureau (NCRB), which is responsible for maintaining crime data in India, does not record detentions made under the NSA.
  • This is because NSA detentions are preventive in nature and do not require the filing of a First Information Report (FIR), making it difficult to track the number of individuals detained under this law.
  • The absence of FIRs and standardized reporting mechanisms leads to a significant lack of transparency and public accountability regarding the use of the NSA.
  • As a result, civil society organizations and researchers face challenges in assessing the extent of NSA-related detentions and their impact on fundamental rights.

Additional Information

• Analysis of other options:
  • Option 1: The Supreme Court does not allow data collection:
    • This option is incorrect as the Supreme Court does not prohibit data collection related to NSA detentions. The issue lies in the absence of mechanisms within the NSA framework itself to facilitate data collection.
  • Option 2: National Security Act cases are not covered by RTI Act:
    • While NSA cases may have limited disclosure under the RTI Act due to national security concerns, this is not the primary reason for criticism regarding data transparency.
  • Option 4: The law prohibits government press releases:
    • This option is incorrect as the NSA does not explicitly prohibit government press releases. However, authorities may choose to limit information dissemination on NSA cases for security reasons.
  • Option 5: The correct answer is Option 3:
    • As explained above, the lack of FIRs and NCRB data is the central issue in criticism of NSA-related data transparency.
• Conclusion:
  • The National Security Act has been criticized for its lack of transparency, primarily due to the absence of FIRs and NCRB data on detentions. This opacity raises concerns about accountability and the potential misuse of the law.

The correct answer is 'Right to be defended by a legal counsel before Advisory Board'

Key Points

• National Security Act (NSA) Overview:
  • The National Security Act (NSA) of 1980 is a preventive detention law enacted by the Indian government to maintain public order and national security.
  • Under the NSA, authorities have the power to detain individuals they deem a threat to national security or public order, without formal charges or trial for up to 12 months.
  • The law has provisions that limit the rights of detained individuals to ensure quick and effective measures in situations threatening national security.
• Denial of Right to Legal Counsel Before Advisory Board:
  • Individuals detained under the NSA do not have the right to be defended by a legal counsel before the Advisory Board, which reviews the detention orders.
  • The Advisory Board, comprising High Court judges, evaluates the legality and necessity of the detention but does not allow legal representation for the detainee during its proceedings.
  • This denial is intended to prevent interference with the decision-making process and expedite security measures.

Additional Information

• Incorrect Options:
  • Right to Information about Arrest:
    • Under the NSA, detainees are entitled to be informed of the grounds of their arrest within 5 days (or 10 days in exceptional circumstances).
    • Hence, this right is not denied and the option is incorrect.
  • Right to Appeal:
    • Detainees under the NSA do not have the right to appeal their detention in a court of law during the period of detention.
    • This right is denied but is not the specific option mentioned as correct.
  • Right to Seek Bail:
    • Individuals detained under the NSA are not entitled to seek bail during their detention period.
    • While this right is denied, the correct answer focuses on denial of legal counsel before the Advisory Board.
• Purpose of the NSA:
  • The NSA is designed to prevent threats to national security and public order through preemptive detention.
  • However, its provisions, including the denial of certain rights, have faced criticism for potential misuse and violation of fundamental rights.

The correct answer is option 2 i.e Paris

Explanation:

UNESCO

• It stands for United Nations Educational, Scientific and Cultural Organisation.
• It was formed on 4th November 1945.
• Its headquarters are in Paris, France.
• Currently, UNESCO has 193 members and 11 associates members.
  • The US, Israel, and Liechtenstein are members of the UN, but not members UNESCO.
  • Three countries, namely, Palestine, Niue, and the Cook Islands are members of UNESCO, but not of the UN.
• India was the founding member of UNESCO.
• India has 42 world heritage sites.

The correct answer is "Not brave".

Key Points

• An idiom is a widely used saying or expression containing a figurative meaning that differs from the phrase's literal meaning.
  • Example: "Its raining like cats and dogs" means it is raining very heavily.
• "Lily-livered" is an idiom that means lacking courage or cowardly.
• The phrase is often used in a derogatory or mocking way to describe someone who is afraid or hesitant to take risks.
  • Example: "He's too lily-livered to confront his boss about the unfair treatment."
• It can be concluded that option 3 describes the correct meaning of the given idiom.

Hence, the correct answer is option 3.

The correct answer is uniform civil code for the citizens.

Key Points

• Article 44 of the Indian Constitution falls under the Directive Principles of State Policy, containing guidelines for the central and state governments of India.
• It states: "The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India".
• The directive principles, though they are non-justiciable rights of the people, are fundamental in the governance of the country.
• The uniform civil code aims to replace personal laws based on the scriptures and customs of each major religious community in India with a common set of laws governing every citizen.
• The proposal has been a part of political debate and caused significant controversy due to the importance of religion in people's lives.

Additional Information

• The living wage for workers is mentioned under Article 43 of the Indian Constitution.
• Equal justice and free legal aid can be considered under Article 39A.
• Organization of agriculture does not directly refer to any specific Article in the Constitution but is a subject the government focuses on under different policies, schemes, and initiatives.

The correct answer is Only 2.

Key Points

• Indian Penal Code, which is the official criminal code covering all aspects of criminal law.
• Section 71:
  • It is a good safeguard to ensure offenders get punished for their crime within reason, and sets a limit of punishment for an offence made up of several offences.
  • It also does not restrict the extent of the punishment to the lower limit provided for either of the two offences.
  • The offender shall not be punished with the punishment of more than one of such his of­fences,

Important Points

• Indian Penal Code:
  • The Indian Penal Code is the official criminal code of the Republic of India. 
  • It is a complete code intended to cover all aspects of criminal law.
  • It came into force in 1862 in all British Presidencies.
  • The first draft of the Indian Penal Code was prepared by the First Law Commission, chaired by Thomas Babington Macaulay.
  • IPC is sub-divided into 23 chapters that comprise 511 sections.

The correct answer is Geneva.

• The International Labour Organisation was formed on 22nd April 1919 and its current Director-General is Guy Ryder. (April 2021)

Additional Information

The correct answer is Cognizable offences.

Key Points

• For a cognizable offence, the police directly take cognizance of the crime and also do not need the approval of the court.
• In cognizable, the police can arrest a person without any warrant.
• Cognizable offences include murder, rape, theft, kidnapping, counterfeiting, etc.​

Additional Information

• Detention offence
  • Detention offenses typically refer to criminal offenses that can result in an individual being held or detained by law enforcement.
  • They encompass a wide range of infractions, from minor misdemeanors to major felonies.
• Non Cognizable offences
  • Non-cognizable offences, a concept in the legal system of India, are those offences in which a police officer has no authority to arrest without a warrant.
  • These are typically less serious offences against the State or individuals.
• Cross offences
  • Cross offences occur when two or more parties involved in an incident both allege criminal offences against each other.
  • For instance, in a physical altercation, both parties might claim that the other party was the aggressor and they themselves were acting in self-defence.
  • In such situations, both parties might lodge complaints against each other, leading to what's called cross cases or cross offences.

The correct answer is Punjab National Bank.

Key Points

• PNB was established on May 19, 1894, is India's first Swadeshi bank.
• The Bank opened for business on 12 April 1895. 
• PNB is an Indian public sector bank headquartered in New Delhi.
• Atul Kumar Goel is the current CEO of PNB.

Additional Information

• State Bank of India
  • SBI was established on 1 July 1955.
  • It is a government-owned corporation with its headquarters in Mumbai.
  • "Pure Banking, Nothing Else" is the tagline.
  • Dinesh Kumar Khara is the Chairman of the State Bank of India.
•  HDFC Bank
  • ​HDFC Bank was established in August 1994 and commenced operations as a Scheduled Commercial Bank in January 1995.
  • It is a private bank headquartered in Mumbai.
  • 'We Understand Your World' is the tagline.
  • Sashidhar Jagdishan is the current CEO of HDFC.
• Canara Bank
  • ​Canara Bank was established in July 1906 and nationalized in 1969.
  • It is headquartered in Bengaluru.
  • 'Together We Can' is the tagline.
  • Lingam Venkat Prabhakar is the current CEO of Canara Bank.

The correct answer is the Code of Criminal Procedure.

Key Points

• The provision that no woman should be arrested before sunrise or after sunset is mentioned
• The Code of Criminal Procedure or the Criminal Procedure Code (CrPC) is the chief legislation on the procedure for the administration of criminal law in India. It was
• It aims to provide resources for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person, and the determination of punishment of the guilty along with dealing with public nuisance, prevention of offenses, and maintenance of wife, child, and parents.

• At present, this act contains 565 sections divided into 46 chapters, 5 schedules, and 56 forms.

Additional Information

• The Indian Penal Code (IPC) is the official criminal code of India. It is a code that aims to cover all the substantive aspects of criminal law. The code was recommended by the first law commission of India (established in 1834) under the Charter Act of 1833 whose Chairman was Lord Thomas  Macaulay. It was passed in the year 1860 and came into force in British India during the early British Raj period in 1862.
• The Police Act of 1861 was enacted by the British Govt. after the revolt of 1857 to improve the efficiency of the police in the country and to prevent any future revolts. This means that the police have to always comply with those in power.
• The Probation of Offenders Act, introduced in the year 1958 aims to reform amateur offenders by providing rehabilitation in society and to prevent the conversion of youthful offenders into criminals under the environmental influence by keeping them in jails along with hardened criminals.

The correct answer is Geneva.

Key Points

• The World Intellectual Property Organization (WIPO) is established by the World Intellectual Property Organization (WIPO) Convention, which transforms BIRPI into WIPO.
• The newly founded World Intellectual Property Organization (WIPO) is a member-state-led international organisation with headquarters in Geneva, Switzerland.
• WIPO (World Intellectual Property Organization) is one of the United Nations' 15 specialised organisations (UN).
• WIPO was established in 1967 by the World Intellectual Property Organization (WIPO) Convention to promote and preserve intellectual property (IP) around the world via collaboration with countries and international organisations.
• When the convention went into effect on April 26, 1970, it commenced activities.

Important Points

• World Intellectual Property Organization (WIPO):
  • Formation: 14 July 1967
  • Type: United Nations specialised agency
  • Headquarters: Geneva, Switzerland
  • Membership: 193 member states
  • Director-General: Daren Tang

The correct answer is Minerva Mills Case.

Key Points

• The Supreme Court, in the Minerva Mills Case, opined that the Constitution of India is founded on the bedrock of the balance between the Fundamental Rights and Directive Principles of State Policy.
• This landmark judgment emphasized that neither Fundamental Rights nor Directive Principles can override one another.
• The balance and harmony between Fundamental Rights and Directive Principles is an essential feature of the basic structure of the Constitution.
• This judgment was delivered on 31st July 1980 and is considered a crucial ruling in maintaining the basic structure doctrine established in the Keshvananda Bharati Case.

Additional Information

• Keshvananda Bharati Case (1973)
  • This landmark case established the basic structure doctrine, declaring that the basic structure of the Constitution cannot be altered by any amendment.
  • The case was a challenge to the 24th Amendment of the Indian Constitution, where the Supreme Court held that Parliament could amend any part of the Constitution but not its basic structure.
• Golaknath Case (1967)
  • This case ruled that Parliament could not curtail any of the Fundamental Rights guaranteed under the Constitution.
  • The decision was later overturned by the 24th Amendment.
• Maneka Gandhi Case (1978)
  • This case extended the interpretation of the right to life and personal liberty under Article 21 of the Constitution.
  • The judgment emphasized the importance of due process of law and widened the scope of Article 21 by including various rights under it.
• Directive Principles of State Policy
  • These are guidelines to the central and state governments of India, to be kept in mind while framing laws and policies.
  • They are not justiciable, meaning they are not enforceable by any court, but they are considered fundamental in the governance of the country.
• Fundamental Rights
  • These are a set of rights granted to the citizens of India under Part III of the Constitution.
  • They are enforceable by the courts and include rights such as the right to equality, freedom, religion, cultural and educational rights, etc.