UGC NTA NET LAW Exam, Dec-2021 PAPER-2 LAW QUESTION PAPER
Q.1 Institution of Ombudsman
Question: The institution of Ombudsman was first developed in?
(a) India
(b) United Kingdom
(c) France
(d) Sweden
Correct Answer: (d) Sweden
Explanation: The Ombudsman system originated in Sweden in 1809. In India, the institution was introduced through the Lokpal and Lokayuktas Act, 2013, which came into force in 2014.
Q.2 Match the Following (Company Law Cases)
List I | List II
A. Salomon v. Salomon I. Voting rights
B. Royal British Bank v. Turquand | II. Corporate personality
C. Ashbury Railway Carriage & Iron Co. v. Riche | III. Doctrine of Ultra Vires
D. Vodafone International Holdings v. Union of India | IV. Doctrine of Indoor Management
Options:
(a) A–IV, B–II, C–III, D–I
(b) A–I, B–II, C–III, D–IV
(c) A–I, B–III, C–II, D–IV
(d) A–II, B–IV, C–III, D–I
Correct Answer: (d) A–II, B–IV, C–III, D–I
Explanation:
• Salomon v. Salomon – Corporate personality
• Royal British Bank v. Turquand Doctrine of indoor management
• Ashbury v. Riche – Doctrine of ultra vires
• Vodafone v. UOI – Voting rights / shareholder rights context
Q.3 Imperative Law and Natural Law
Statements:
Statement I: Imperative law means a rule of action imposed upon people by an authority which enforces obedience to it.
Statement II: Natural law signifies the principles of natural right and wrong.
Options:
(a) Both statements are correct
(b) Both statements are incorrect
(c) Statement I is correct, but Statement II is incorrect
(d) Statement I is incorrect, but Statement II is correct
Correct Answer: (a) Both statements are correct
Explanation: 1 . Imperative law reflects Austin’s theory of command backed by sanction.
• Natural law refers to universal principles of right and wrong based on reason and morality.
Hence, both statements are true.
Q.4 Formation of Companies
Question:
Which one of the following is correct?
(a) A public company can be formed with a minimum of nine persons.
(b) A private company can be formed with two or more persons.
(c) Memorandum of Association is not required for registration of a company.
(d) Articles of Association is not required for registration of a company.
Correct Answer: (b) A private company can be formed with two or more persons.
Explanation : Under Section 3 of the Companies Act, 2013:
• Public company → minimum 7 persons.
• Private company → minimum 2 persons.
Both MOA and AOA are mandatory for registration.
Q.5 Hart’s Theory of Law
Statements:
Statement I: Hart deals with primary rules of obligation and secondary rules of recognition.
Statement II: Hart has nothing to do with the reformulation of analytical positivism.
Options:
(a) Both statements are correct
(b) Both statements are incorrect
(c) Statement I is correct but Statement II is incorrect
(d) Statement I is incorrect but Statement II is correct
Correct Answer: (c) Statement I is correct but Statement II is incorrect
Explanation: H.L.A. Hart explained law through primary rules (duties) and secondary rules (recognition, change, adjudication).
He significantly reformulated analytical positivism, so Statement II is false.
Q.6 Types of Justice
Question: Which of the following pairs is correctly matched?
(a) Distributive justice — Aristotle
(b) Commutative justice — Plato
(c) Corrective justice — Bentham
(d) Social justice — Austin
Correct Answer: (a) Distributive justice — Aristotle
Explanation: Aristotle classified justice into distributive and corrective justice. The other pairs are not correctly matched.
Q.7 Doctrine of Separation of Powers
Question: Who propounded the doctrine of Separation of Powers?
(a) John Austin
(b) Montesquieu
(c) Jeremy Bentham
(d) H.L.A. Hart
Correct Answer: (b) Montesquieu
Explanation: Montesquieu, in The Spirit of Laws, propounded the doctrine dividing powers into legislative, executive, and judicial branches.
Q.8 Kelsen’s Pure Theory of Law
Question:
Which of the following best explains Kelsen’s Pure Theory of Law?
(a) Law is based on morality.
(b) Law is a command of the sovereign.
(c) Law is a hierarchy of norms headed by the Grundnorm.
(d) Law is the will of the people.
Correct Answer: (c) Law is a hierarchy of norms headed by the Grundnorm.
Explanation: Hans Kelsen viewed law as a normative system with a basic norm (Grundnorm) at the top.
Q.9 Bentham’s Utilitarianism
Question: Jeremy Bentham’s theory of utilitarianism is based on:
(a) Natural rights
(b) Greatest happiness of the greatest number
(c) Social contract
(d) Divine will
Correct Answer: (b) Greatest happiness of the greatest number
Explanation: Bentham held that laws should aim to maximize overall happiness in society.
Q.10 School of Jurisprudence
Question: Who is regarded as the founder of the Historical School of Jurisprudence?
(a) Savigny
(b) Austin
(c) Kelsen
(d) Hart
Correct Answer: (a) Savigny
Explanation : Friedrich Carl von Savigny founded the Historical School, emphasizing that law develops from the spirit of the people (Volksgeist).
Q.11 Rule of Law
Question: Who propounded the theory of the Rule of Law?
(a) A.V. Dicey
(b) H.L.A. Hart
(c) Hans Kelsen
(d) John Austin
Correct Answer: (a) A.V. Dicey
Explanation: A.V. Dicey explained the Rule of Law as supremacy of law, equality before law, and predominance of legal spirit.
Q.12 Natural Law Theory
Question: Who is regarded as the father of the Natural Law School?
(a) Savigny
(b) Grotius
(c) Austin
(d) Bentham
Correct Answer: (b) Grotius
Explanation: Hugo Grotius is considered the father of modern natural law and international law.
Q.13 Analytical School
Question: Who is known as the founder of the Analytical School of Jurisprudence?
(a) Savigny
(b) Bentham
(c) Austin
(d) Kelsen
Correct Answer: (c) Austin
Explanation: John Austin founded the Analytical School and defined law as the command of the sovereign backed by sanctions.
Q.14 Legal Realism
Question: Which of the following jurists is associated with the Realist School of Jurisprudence?
(a) Roscoe Pound
(b) Oliver Wendell Holmes Jr.
(c) Savigny
(d) Austin
Correct Answer: (b) Oliver Wendell Holmes Jr.
Explanation: Holmes emphasized that law is what courts actually do in practice.
Q.15 Sociological School
Question: Who is regarded as the founder of the Sociological School of Jurisprudence?
(a) Roscoe Pound
(b) Savigny
(c) Austin
(d) Hart
Correct Answer: (a) Roscoe Pound
Explanation: Roscoe Pound viewed law as a tool of social engineering to balance competing interests.
Q.16 Grundnorm
Question: The concept of Grundnorm is associated with:
(a) John Austin
(b) Hans Kelsen
(c) H.L.A. Hart
(d) Jeremy Bentham
Correct Answer: (b) Hans Kelsen
Explanation: Kelsen’s Pure Theory of Law explains law as a hierarchy of norms resting on a basic norm called the Grundnorm.
Q.17 Command Theory
Question: According to Austin, law is:
(a) A moral rule
(b) A command of the sovereign backed by sanction
(c) A social custom
(d) A judicial precedent
Correct Answer: (b) A command of the sovereign backed by sanction
Explanation: Austin defined law as commands issued by a sovereign and enforced by sanctions.
Q.18 Legal Rights
Question: Who classified legal rights into claim, liberty, power, and immunity?
(a) Salmond
(b) Hohfeld
(c) Kelsen
(d) Hart
Correct Answer: (b) Hohfeld
Explanation: Wesley Newcomb Hohfeld developed the famous scheme of jural relations.
Q.19 Utilitarianism
Question: Who propounded the principle of “the greatest happiness of the greatest number”?
(a) John Stuart Mill
(b) Jeremy Bentham
(c) Hart
(d) Austin
Correct Answer: (b) Jeremy Bentham
Explanation: Bentham is the founder of utilitarianism; Mill later refined it.
Q.20 Law and Morality
Question: Who emphasized the separation of law and morality in jurisprudence?
(a) Savigny
(b) Hart
(c) Austin
(d) Pound
Correct Answer: (c) Austin
Explanation: Austin stressed that law is to be studied separately from moral considerations.
Q.21 Legal Positivism
Question: Which school of jurisprudence maintains that law is valid not because it is just, but because it is enacted by the sovereign?
(a) Natural Law School
(b) Historical School
(c) Analytical Positivism
(d) Realist School
Answer: (c) Analytical Positivism
Explanation: Analytical positivists, like Austin and Kelsen, assert that law’s validity is based on its source, not its moral content.
Q.22 Doctrine of Ultra Vires
Question: The doctrine of ultra vires in corporate law means:
(a) Acts beyond the powers of the company are void
(b) Acts within powers are invalid
(c) All corporate acts are always valid
(d) Acts of directors are always valid
Answer: (a) Acts beyond the powers of the company are void
Explanation: Ultra vires acts are outside the scope of the company’s Memorandum of Association and are therefore void.
Q.23 Dying Declaration
Question: Which Section of the Indian Evidence Act, 1872 deals with dying declaration?
(a) Section 31
(b) Section 32
(c) Section 33
(d) Section 34
Answer: (b) Section 32
Explanation: Section 32 allows statements made by a person as to the cause of their death, when they are in extremis, to be relevant in court.
Q.24 Restitution of Conjugal Rights
Question: Under which law does restitution of conjugal rights originate?
(a) English Law
(b) Indian Law
(c) Jewish Law
(d) Swedish Law
Answer: (a) English Law & c) Jewish Law
Explanation: The concept originated in English and Jewish law. India adopted it under Section 9 of the Hindu Marriage Act, 1955.
Q.25 Environmental Law – Basel Convention
Question: The Basel Convention primarily deals with:
(a) Protection of the ozone layer
(b) Control of transboundary movements of hazardous wastes and their disposal
(c) Conservation of migratory species
(d) Prior informed consent procedure for hazardous chemicals
Answer: (b) Control of transboundary movements of hazardous wastes and their disposal
Explanation: The Basel Convention (1989) regulates international movement and disposal of hazardous wastes.
Q.26 Principles of Natural Justice
Question: Which of the following is NOT a principle of natural justice?
(a) Nemo judex in causa sua (No one should be a judge in their own cause)
(b) Audi alteram partem (Hear the other side)
(c) Reasoned decision
(d) Judicial review of legislative acts
Answer: (d) Judicial review of legislative acts
Explanation: Natural justice principles deal with fair procedure in decision-making, not judicial review of legislation.
Q.27 Contract Act – Capacity to Contract
Question: According to the Indian Contract Act, a person incapable of entering into a contract includes:
(a) Minors
(b) Persons of unsound mind
(c) Disqualified by law
(d) All of the above
Answer: (d) All of the above
Explanation: Sections 11 and 12 of the Indian Contract Act, 1872 specify that minors, persons of unsound mind, and those disqualified by law cannot contract.
Q.28 IPC – Criminal Intention
Question: In the context of Indian Penal Code, the mens rea refers to:
(a) Physical act
(b) Criminal intention
(c) Punishment
(d) Legal liability
Answer: (b) Criminal intention
Explanation: Mens rea is the mental element of a crime; without intention or knowledge, certain crimes cannot be constituted.
Q.29 Right to Information Act
Question: The RTI Act, 2005 provides citizens the right to:
(a) Inspect documents
(b) Obtain certified copies
(c) Seek information from public authorities
(d) All of the above
Answer: (d) All of the above
Explanation: Sections 3–6 of the RTI Act ensure citizens can access, inspect, and obtain information from public authorities.
Q.30 Article 14 – Indian Constitution
Question: Article 14 of the Indian Constitution guarantees:
(a) Freedom of speech
(b) Equality before law
(c) Right to property
(d) Freedom of religion
Answer: (b) Equality before law
Explanation: Article 14 provides equality before law and equal protection of the laws to all persons in India.
Q.31 Children born out of a void Hindu marriage
(a) illegitimate
(b) legitimate
(c) illegitimate, no rights in ancestral property
(d) legitimate but inheritance limited to parent’s property
Answer: (d)
Explanation:
• A void marriage under the Hindu Marriage Act, 1955 (Sec. 11) is treated as invalid from the beginning.
• However, Section 16 clarifies that children born from a void marriage are legitimate, meaning they have legal recognition and can inherit from their parents.
• Limitation: Their inheritance is restricted to parental property only, not ancestral property, as their status does not alter the lineage rights under Hindu law.
Q.32 Doctrine of Non-recognition
(a) Estrada Doctrine
(b) Hallstein Doctrine
(c) Franco Doctrine
(d) Stimson Doctrine
Answer: (d)
Explanation: 1.Stimson Doctrine – non-recognition of territory acquired by force.
2. Estrada Doctrine: Recognition of governments de facto.
• 3. Hallstein Doctrine: West Germany’s foreign policy re: East Germany.
Franco Doctrine: Spain’s foreign policy
• The Stimson Doctrine (1932) is a principle in international law.
• It states that territorial acquisitions or governments established by force are not legally recognized.
• Example: The U.S. refused to recognize Japan’s takeover of Manchuria in 1931.
Match the philosophers with their works
Q.33 Match List-I with List-II:
A. Theory of justice – I. David Hume
B. Idea of Justice – II. Johan Rawls
C. Nicomachean Ethics – III. Aristotle
D. An Enquiry Concerning Principles of morals – IV. Amartya Sen
Answer: (c)
Explanation :
Work Philosopher Explanation
Theory of Justice Johan Rawls John Rawls’ Theory of Justice (1971) is a modern political philosophy text emphasizing fairness and the “veil of ignorance.”
Idea of Justice Amartya Sen Sen’s Idea of Justice critiques Rawls, focusing on comparative justice and practical outcomes.
Nicomachean Ethics Aristotle Aristotle’s classic ethical treatise focusing on virtue ethics and the “good life.”
An Enquiry Concerning Principles of Morals David Hume Hume discusses moral philosophy and the role of sentiment in ethics.
34. Match List-I with List-II (Torts):
A. Mersey Docks v. Proctor – II. Vicarious liability
B. Metropolitan Asylum District v. Hill – I. Statutory Authority
C. Nichols v. Marsland – IV. Act of God
D. Holmes v. Mather – III. Inevitable accident
Answer: (a)
Case Principle Explanation
Mersey Docks v. Proctor Vicarious liability Employers are responsible for acts of employees done during employment.
Metropolitan Asylum District v. Hill Statutory authority Acts done under statutory authority are not tortious.
Nichols v. Marsland Act of God Liability is excluded for natural events beyond human control.
Holmes v. Mather Inevitable accident Liability is excluded if the accident was unavoidable despite all care.
Q .35 Mother touge section
Answer: (b) Article 350A
Explanation:
• Article 350A of the Indian Constitution mandates primary education in the mother tongue for children belonging to linguistic minorities.
• Objective: Preserve minority languages and improve learning outcomes.
Q.36 Duty of Prime Minister to President
Answer: (a) Both I & II true
Explanation:
• Article 78 of the Constitution requires the PM to:
1. Communicate decisions of the Council of Ministers to the President.
2. Give information relating to the administration of the country and proposals for legislation
Q.37 Ownership statements:
Answer: (a) Both I & II correct
Explanation: Ownership defined as plenary control and can be vested or contingent.
• Ownership implies:
1. Plenary control over property (complete rights).
2. Can be vested or contingent, meaning one can have immediate or future ownership rights.
Q.38 Shelf prospectus filing by companies
Answer: (b) SEBI
Explanation: SEBI regulates securities offerings and approves regulations for shelf prospectus.
• SEBI (Securities and Exchange Board of India) regulates securities offerings.
• Shelf prospectus allows companies to issue securities in tranches without filing a fresh prospectus each time, subject to SEBI approval.
Q.39 Greenhouse effect
Greenhouse effect:
Answer: (a)
Explanation:
• Greenhouse effect: Rise in Earth’s temperature due to accumulation of greenhouse gases (CO₂, CH₄) that trap heat.
• Responsible for global warming and climate change.
Question 40: ‘Voluntarily’ has been defined under IPC
(a) Sec.35
(b) Sec.36
(c) Sec.39
(d) Sec.40
Correct Answer: (c) Sec.39
Explanation: Section 39 of the IPC defines “voluntarily” as an effect caused by means which a person intends to produce, or knows to be likely to produce. Other sections (35, 36, 40) are unrelated.
Question 41: When an unmarried woman adopts a child and subsequently marries, her husband becomes
(a) Adoptive father
(b) Stepfather
(c) Natural father
(d) Either 1 or 2
Correct Answer: (b) Stepfather
Explanation: As per Hindu Adoptions and Maintenance Act, 1956, Section 14(4), the husband of an unmarried woman who adopts a child is legally recognized as the stepfather of the child.
Question 42: Which of the following is NOT a ground for wife’s divorce under HMA 1955 Sec.13(2)?
(a) Pre-Act bigamy of husband
(b) Repudiation
(c) Cruelty by husband
(d) Husband guilty of rape/sodomy/bestiality
Correct Answer: (c) Cruelty by husband
Explanation: Sec.13(2) lists grounds like bigamy, repudiation, sexual crimes. Cruelty alone is not a ground for wife’s divorce under Sec.13(2).
Question 43: Assertion: Ex post facto laws punish lawful acts. Reason: Retrospective tax penalties exempt Art.20(1)
(a) Both A & R true, R correct
(b) Both true, R not correct
(c) A true, R false
(d) A false, R true
Correct Answer: (c) A true, R false
Explanation: Art.20(1) prohibits ex post facto criminal laws Assertion true. Retrospective tax penalties do not violate Art.20(1), so Reason is false.
Question 44: False statement about frustration of contract ?
(a) Contract frustrated if subject matter ceases
(b) Impossible performance frustrates
(c) Personal performance impossible frustrated
(d) Ceasing of subject matter does NOT frustrate
Correct Answer: (d) Ceasing of subject matter does NOT frustrate
Explanation: Sec.56, Indian Contract Act, 1872: Cessation of the contract’s subject matter does frustrate the contract; hence option (d) is false.
Question 45: Article 13 of the Constitution of India does NOT apply to?
(a) Laws under Art.245
(b) Laws under Art.253
(c) Constitutional amendments under Art.368
(d) Custom & usage
Correct Answer: (c) Constitutional amendments under Art.368
Explanation: Art.13(4) exempts constitutional amendments under Art.368 from judicial review for fundamental rights violation ?
Question 46: Duty of Union to protect states against aggression & disturbance
(a) Art.353
(b) Art.354
(c) Art.355
(d) Art.356
Correct Answer: (c) Article 355
Explanation: Art.355 imposes duty on the Union to protect every State against external aggression/internal disturbance and ensure governance according to the Constitution.
Question 47: Valid/void contracts
(A) Agreement without consideration
(B) Restraint of marriage
(C) Unmeaning agreement
(D) Impossible acts
(E) Restraint of legal proceedings
Correct Answer: (c) A, C, E
Explanation:
• A → Void (Sec.25)
• B → Voidable (Sec.26)
• C → Void (Sec.56)
• D → Voidable
• E → Void (Sec.27)
Question Q 48: Hicklin test under Art.19(2) relates to
(a) Defamation
(b) Decency & morality
(c) Integrity of India
(d) Negligence
Correct Answer: (b) Decency & morality
Explanation:
• Hicklin test (1868, English law) for obscenity:
o Material is obscene if it tends to deprave or corrupt those open to immoral influences.
• Adopted in India to regulate freedom of speech under Art.19(2).
Question 49: Nottebohm case deals with
(a) Naturalisation
(b) Birth
(c) Resumption
(d) Subjugation
Correct Answer: (a) Naturalisation
Explanation: ICJ (1955) case concerned nationality by naturalisation and effective nationality principles under international law. Explanation:
• Nottebohm Case (Liechtenstein v. Guatemala, ICJ 1955):
o Concerned nationality by naturalisation.
o Court emphasized genuine connection between the person and the state granting nationality for international recognition.
Question 50: Sariri stage among Muslims?
(a) Below 10 years
(b) 7–15 years
(c) Above 15 years
(d) Above 10 years
Correct Answer: (b) 7–15 years
Explanation: In Muslim law, Sariri stage refers to puberty, generally 7–15 years, marking onset of legal responsibilities.