UPSC Prelims Practice Questions — HC quashes plea for CBI probe in ED attack case

Q1. In the context of a constitutional court directing the transfer of an investigation to the CBI, the standard of 'rare and exceptional circumstances' laid down by the Supreme Court most accurately means that such a direction:

  • A. may be issued only where it is imperative to secure justice and retain public confidence, and not merely on an allegation of bias against the State police
  • B. must be issued in every case in which a person holding public office is named as an accused
  • C. requires the prior consent of the State Government in all cases before it can be given
  • D. can be issued only by the Supreme Court and never by a High Court

Q2. Which one of the following is regarded as the leading Constitution Bench precedent that settled the power of constitutional courts to direct a CBI investigation even without the consent of the State Government?

  • A. State of West Bengal v. Committee for Protection of Democratic Rights (2010)
  • B. Hussainara Khatoon v. State of Bihar (1979)
  • C. S.P. Gupta v. Union of India (1981)
  • D. Vineet Narain v. Union of India (1997)

Q3. The Delhi Special Police Establishment Act, under which the Central Bureau of Investigation draws its police powers, was enacted in the year:

  • A. 1935
  • B. 1946
  • C. 1956
  • D. 1963

Q4. The description of the Central Bureau of Investigation as 'not a statutory body' is best understood to mean that the CBI:

  • A. was not constituted by a dedicated statute of Parliament but draws its police powers from the DSPE Act, 1946 and an executive resolution of 1963
  • B. possesses no legal powers of investigation whatsoever
  • C. is entirely independent of every ministry of the Union Government
  • D. can investigate any offence in any State without exception

Q5. The Enforcement Directorate is presently responsible for enforcing how many of the following four laws: (i) Prevention of Money Laundering Act, 2002; (ii) Foreign Exchange Management Act, 1999; (iii) Fugitive Economic Offenders Act, 2018; (iv) Foreign Exchange Regulation Act, 1973?

  • A. Two
  • B. Three
  • C. All four
  • D. One

Q6. With reference to the Enforcement Directorate and its governing framework, consider the following statements: 1. The ED originally enforced the Foreign Exchange Regulation Act, which has since been replaced by the Foreign Exchange Management Act, 1999. 2. The ED functions under the Department of Revenue, Ministry of Finance, whereas the CBI functions under the Department of Personnel and Training. 3. Like the CBI, the ED requires the consent of the State Government to conduct searches within a State. Which of the statements given above is/are correct?

  1. The ED originally enforced the Foreign Exchange Regulation Act, which has since been replaced by the Foreign Exchange Management Act, 1999.
  2. The ED functions under the Department of Revenue, Ministry of Finance, whereas the CBI functions under the Department of Personnel and Training.
  3. Like the CBI, the ED requires the consent of the State Government to conduct searches within a State.
  • A. 1 only
  • B. 1 and 2 only
  • C. 2 and 3 only
  • D. 1, 2 and 3

Q7. Which one of the following best describes the Bharatiya Nyaya Sanhita, 2023?

  • A. The substantive criminal code that has replaced the Indian Penal Code, 1860
  • B. The procedural code that has replaced the Code of Criminal Procedure, 1973
  • C. The law of evidence that has replaced the Indian Evidence Act, 1872
  • D. A special anti-terrorism statute supplementing the general penal law

Q8. The Bharatiya Nyaya Sanhita, 2023 came into force with effect from:

  • A. 1 July 2024
  • B. 25 December 2023
  • C. 26 January 2024
  • D. 1 July 2023

Q9. With reference to the Kerala High Court's order on the plea for a CBI probe into the attack on ED officials, consider the following statements: 1. The plea sought transfer of the investigation into the attack on ED officials to the CBI. 2. The FIR in the case was registered invoking the Bharatiya Nyaya Sanhita, 2023 and the Prevention of Damage to Public Property Act, 1984. 3. The High Court declined the plea, citing satisfactory progress in the investigation by the Kerala Police. 4. The High Court entertained the plea in exercise of its writ jurisdiction under Article 32 of the Constitution. Which of the statements given above is/are NOT correct?

  1. The plea sought transfer of the investigation into the attack on ED officials to the CBI.
  2. The FIR in the case was registered invoking the Bharatiya Nyaya Sanhita, 2023 and the Prevention of Damage to Public Property Act, 1984.
  3. The High Court declined the plea, citing satisfactory progress in the investigation by the Kerala Police.
  4. The High Court entertained the plea in exercise of its writ jurisdiction under Article 32 of the Constitution.
  • A. 1 and 2
  • B. 2 and 3
  • C. 3 only
  • D. 4 only

Q10. The Enforcement Directorate, whose officials were attacked in the Kerala case, functions under the administrative control of which of the following?

  • A. Department of Revenue, Ministry of Finance
  • B. Department of Personnel and Training, Ministry of Personnel
  • C. Ministry of Home Affairs
  • D. Central Board of Direct Taxes

Q11. With reference to Public Interest Litigation (PIL) in India, consider the following statements: 1. A PIL can be filed before a High Court under Article 226 of the Constitution. 2. The evolution of PIL is associated with the relaxation of the traditional rule of locus standi. 3. Justices P.N. Bhagwati and V.R. Krishna Iyer are regarded as pioneers of PIL in India. 4. PIL was formally introduced in India through a specific amendment to the Constitution. Which of the statements given above are correctly identified?

  1. A PIL can be filed before a High Court under Article 226 of the Constitution.
  2. The evolution of PIL is associated with the relaxation of the traditional rule of locus standi.
  3. Justices P.N. Bhagwati and V.R. Krishna Iyer are regarded as pioneers of PIL in India.
  4. PIL was formally introduced in India through a specific amendment to the Constitution.
  • A. 1 and 2 only
  • B. 2 and 4 only
  • C. 1, 2 and 3
  • D. 1, 2, 3 and 4

Q12. Under Section 3(1) of the Prevention of Damage to Public Property Act, 1984, mischief causing damage to public property is punishable with imprisonment for a term which may extend to how many years?

  • A. Three years
  • B. Five years
  • C. Seven years
  • D. Ten years