Unit X · Topic 1Comparative Law – Relevance, methodology, problems and concerns in Comparison – Previous Year Questions

Read both Assertion (A) and Reason (R) and give the correct answer by using the code given below

Assertion (A): The Council of Ministers is the hub of the parliamentary form of government

(A): nye

Reason (R): The Council of Ministers (Cabinet) is constituted from the majority party

1. (a)Both (A) and (R) are correct and (R) is the correct explanation of (A)
2. (b)Both (A) and (R) are correct but (R) is not the correct explanation of (A)✓
3. (c)(A) is correct but (R) is wrong
4. (d)(A) is wrong but (R) is correct

Which one of the following is NOT correct?

1. (a)Judicial review tends to elevate the judiciary to the rank of super legislature
2. (b)The scope of judicial review is limited as it emphasises on the 'procedure established by law' rather than 'due procedure of law'
3. (c)Judicial review is indispensable to a federal system of government
4. (d)Judicial review does not include judicial competence to review executive enforcement of legislative enactments✓

The trend towards codification of the British constitution in whole or in part is a movement during the past decade from eminent quarters. Arrange them in chronological order

(1) Northern Ireland Act

(2) Referendum Act

(3) Scotland Act

(4) European Communities Act

Choose the correct answer from the options given below

1. (a)(1), (4), (3), (2)
2. (b)(2), (3), (1), (4)
3. (c)(4), (1), (2), (3)✓
4. (d)(3), (2), (4), (1)

Many injured persons never came to the courts because of the following reason

1. (a)The were deterred by difficulties in the way✓
2. (b)They had no interest
3. (c)They were not sure to win
4. (d)The could not arrange witnesses

Whether, in the strange cases, there were any common grounds?

1. (a)There was no common ground✓
2. (b)All grounds were common
3. (c)Witnesses were not tutored
4. (d)All witnesses were tutored

What are the chances of success of any litigant?

Choose the most appropriate answer

1. (a)The chance of success work only if he puts the hands of petty lawyers and touts✓
2. (b)He need not beware of telling the truth
3. (c)Cases on both sides were usually not concoted
4. (d)There were no difficulties and the injured person could approach the court easily

In the passage, it is said that all the genuine disputes never reached the courts. Choose the correct answer

1. (a)Most of the genuine disputes never reached the courts✓
2. (b)parties to the cases were not the real parties in many cases
3. (c)Many witnesses are not the real witnesses
4. (d)Real parties were puppets of others and not the real parties

What are the challenges for a litigant to seek justice in India and England? Choose the best option from the following

1. (a)There are no challenges. The passage is silent about this
2. (b)There are many challenges that are difficult to summaries
3. (c)In England, justice goes to the people. In India, the litigant faces many difficulties in approaching the strange tribunal to seek justice✓
4. (d)The way to the tribunal is easy and the litigant in India need nor dread at all

Comparative public law is

1. (a)A principle of law
2. (b)A body of written rules
3. (c)A method of studying law✓
4. (d)A system of law in various jurisdictions especially recognized by United Nations

"We the People" words are found in the

constitution of

1. (a)India and USA
2. (b)India Only
3. (c)India and Canada✓
4. (d)India, USA and Canada

Which among the following expressly contain a provision for 'right to bear arms' as fundamental right?

(A) The Constitution Act, 1867 (Canada)

(B) Amendment II of US Constitution

(C) Constitution (108th Amendment) Act (India)

(D) Human Rights Act, 1998 (UK)

Choose the correct answer from the options given below

1. (a)(A), (B) Only
2. (b)(A) Only
3. (c)(B) Only✓
4. (d)(C), (D) Only

Which country does not provide any written constitutional guarantee of fundamental freedoms?

1. (a)UK✓
2. (b)UK and USA
3. (c)UK and India
4. (d)USA

Consider the following statement

(A) Fundamental rights are expressly provided in the US Constitution

(B) Restrictions on fundamental rights are expressly provided in the US Constitution

(C) Fundamental rights and Human Rights are same in India

(D) Directive principles in Indian Constitution are not enforceable by courts

Choose the correct answer from the options given below

1. (a)(A), (C), (D) Only
2. (b)(A), (D) Only✓
3. (c)(A), (B), (C), (D)
4. (d)(A), (B), (D) Only

Arrange the following constitutional documents in the order of their enactment (ascending)

A. West German Constitution

B. British North America Act

C. Australian Constitution Act

D. Articles of Confederation and Perpetual Union

1. (a)D, B, C, A✓
2. (b)A, B, C, D
3. (c)B, A, C, D
4. (d)D, C, B, A

Given below are two statements: one is labelled as Assertion A and the other is labelled as Reason R

Assertion A: In England, due to historical reasons British Parliament is a judicial as well as legislative body

Reason R: There is no written Constitution to limit the authority of the Parliament in Britain. In the light of the above statements, choose the most appropriate answer from the options given below

1. (a)Both A and R are correct and R is the correct explanation of A✓
2. (b)Both A and R are correct but R is NOT the correct explanation of A
3. (c)A is correct but R is not correct
4. (d)A is not correct but R is correct

Given below are two statements: one is labelled as Assertion A and the other is labelled as Reason R

Assertion A: United States of America is a recognized example of entrenched constitutional tradition

Reason R: US Constitution is the oldest still functioning and longest written Constitution of the world. In the light of the above statements, choose the most appropriate answer from the options given below

1. (a)Both A and R are correct and R is the correct explantion of A
2. (b)Both A and R are correct but R is NOT the correct explanation of A
3. (c)A is correct but R is not correct✓
4. (d)A is not correct but R is correct

Given below are two statements: one is labelled as Assertion A and the other is labelled as Reason R

Assertion A: A written Constitution is intended to operate as a limitation upon the powers of the various organs of a State

Reason R: Under those Constitutions where judicial review exists, the guardianship of the Constitution belongs to the courts. In the light of the above statements, choose the most appropriate answer from the options given below

1. (a)Both A and R are correct and R is the correct explanation of A
2. (b)Both A and R are correct but R is NOT the correct explanation of A✓
3. (c)A is correct but R is not correct
4. (d)A is not correct but R is correct