Important Ios Mcqs - Pyq Series: Judiciary Special

Q1. According to _____ of interpretation, the meaning of a word is to be judged by the company it keeps.

(a) Mischief rule

(b) Golden rule

(c) Noscitur a sociis

(d) Primary rule

Ans: (c)

Explanation: According to Lord Macmillan, the doctrine 'Noscitur a soctis' implies that the meaning of a word shall be judged by the company it keeps. It expands the scope of the doctrine of ‘ejusdem generis.’

Ejusdem Generis is a Latin phrase that means ‘of the same kind.’

---------------------

Q2. 4. ‘Ut Res Magis Valeat Quam Pereat’ is also known as

(a) Rule of harmonious construction

(b) Rule of reasonable construction

(c) Rule of ejusdem 

(d) All of the above

Ans.: (b)

Explanation:

The literal meaning of this legal maxim Ut Res Magis Valeat Quam Pereat is that it is better for a thing to have an effect than to be made void, which means that it is better to validate a thing instead of invalidating it. 

Rule of Harmonious Construction implies that a provision of the statute should not be interpreted or construed in isolation but as a whole, to remove any inconsistency or repugnancy.

---------------------

Q3. Non obstante clause usually starts with the word___? 

a. Provided that 

b. Notwithstanding anything contained 

c. Save as provided otherwise 

d. Any of the above 

Ans.: (b)

Explanation:

The expression “non-obstante clause” refers to a statutory provision intended to give an overriding effect over other provisions or enactments.

Interpretation of statute means finding legislative intent and the true meaning of words used by legislators.

---------------------

Q4. 'Rule' in Heydon's case is also known as:

(a) Purposive construction 

(b) Casus omissus

(c) Literal construction

(d) Harmonious construction

Ans.: (a)

Explanation:

The principle stated in the Heydon case shall apply when a statute's language can be interpreted in more than one way. 

The interpretation rule is also known as the ‘mischief rule or purposive construction'. The mischief rule aims to uncover the reason and objective behind a statue's creation.

---------------------

Q5. The case of ‘Motipur Zamindari Company Private LTD vs. State of Bihar’ refers to the interpretation of the word:

(a) Green Vegetable

(b) Carbon

(c) Accident

(d) Obscene Books

Ans: (a)

Explanation: The Court in the case of ‘Motipur Zamindari Company Private LTD vs. State of Bihar’ held that sugar cane is not a green vegetable and therefore concluded that sugar cane is not exempted from taxation and ruled in favour of the State of Bihar.

Literal Rule was applied in this case and it was held that vegetable is something that is used in lunch and dinner. 

R vs. Harris is another landmark case related to the Literal Rule.

---------------------

Q6. Lee vs. Knapp is a landmark case related to which Rule?

(a) Literal Rule

(b) Rule of reasonable construction

(c) Rule of ejusdem 

(d) Golden Rule

Ans.: (d)

Explanation:

Literal Rule is the Primary Rule. If there is any absurdity or ambiguity the Courts can apply the Golden Rule.

In ‘Lee vs. Knapp 1967’, A person was required to stop and furnish the particulars in case of an accident under the Traffic Act 1960. It was held that Stoppage for a few moments is not sufficient compliance – Stoppage means stoppage for a reasonable time to give information.

As per Lord Granworth, this is a “Cardinal Rule” which is a rule based on common sense.

---------------------

Q7. The Term ‘In Pari materia’ means

a. From the association 

b. Repugnancy 

c. Of the same kind of the same nature 

d. Delegated Legislation 

Ans.: (c)

Explanation: 

The Latin phrase ‘in pari materia’ means ‘upon the same subject matter.’

This doctrine is used as an external aid for interpretation. Where two or more statutes are Pari Materia or are so far related as to form a system or code of legislation, such acts can be taken together as forming one system and as interpreting and enforcing each other.

---------------------

Q8. The concept of ‘you cannot do indirectly what you cannot do directly’ refers to 

(a) Territorial Nexus 

(b) Pith and Substance

(c) Colourable Legislation

(d) Doctrine of Severability 

Ans.: (c)

Explanation:

The Doctrine of Colourable Legislation originated from the Latin maxim ‘quando aliquid prohibetur ex directo, prohibetur et per obliquum.’

The Doctrine of Pith and Substance indicates that if a law's main purpose falls within the legislature's legal authority, it doesn't become unconstitutional just because it affects an area beyond its jurisdiction.

 ---------------------

Q9. According to which rule of interpretation old statutes should be interpreted as they would Have been at the date when they were passed?

a. Expression unisest exclusion alteri us 

b. Contemporanea Expositio Est Optima Et Fortissima In Lege 

c. Futuresmag is valeat Quam Pereat 

d. Nosciur a Sociis

Ans: (b)

Explanation: 

Expression unisest exclusion alteri us: express mention of one thing is the exclusion of other.

Contemporanea Expositio Est Optima Et Fortissima In Lege: a contemporary explanation or interpretation of a statute is the best and strongest.

Futuresmag is valeat Quam Pereat: it is better for a thing to have an effect than for it to become void.

Nosciur a Sociis: an ambiguous word should be determined by considering the words with which it is associated in the context.

---------------------

Q10. Which of the following is an external aid for the interpretation of the statute? 

a. Parliamentary history 

b. Use of foreign decisions 

c. Historical background 

d. All of above

Ans.: (d)

Explanation:

External aids are those tools of information which guide the Courts while interpreting and understanding any particular statute. Although they are not a part of the statute, they provide supplementary context for its interpretation. 

The legislative history, including committee reports, debates and statements made by lawmakers during the drafting process, are commonly used as external aids. They help resolve uncertainties and fill gaps in the statutory text as they provide insights into the object, purpose and context that determines the lawmaker’s intent.

---------------------    

Q11. Generally, ____________are given strict interpretation?

a. Labour

b. Welfare laws

c. Criminal laws

d. None of the above

Ans.: (c)

Explanation: 

Criminal and taxation laws are generally strictly interpreted.

While constructing a provision in a penal statute if there appears to be a reasonable doubt or Ambiguity it shall be solved in favour of a person who would be liable for that penalty.

---------------------

Q12. Which of the following statements is correct?

a. The Supreme Court is bound by its own previous cases.

b. The House of Lords is the highest court of appeal in England and Wales.

c. There are no appeals from decisions of the Court of Appeal.

d. A principle of law set down in a case may be overruled by statute. 

Ans.: (d)

Explanation:

Supreme Court has the power to review any judgement or order made by it under Article 137 therefore Supreme Court is not bound by its previous cases.

The legislature has the power to frame laws for the whole nation and can overrule any law set down in a case by framing a statute. However, the statute must not violate any provision of the Constitution.