UPSC Prelims Practice Questions — Why sensitive legal language matters

Q1. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. The use, in a High Court judgment, of a term that the Supreme Court's 2023 Handbook on Combating Gender Stereotypes asks judges to avoid does not by itself make that judgment legally invalid.
  2. The binding force given to the Supreme Court by Article 141 attaches to the law declared in its decisions, not to guidance it publishes outside the exercise of its adjudicatory function.
  • A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
  • B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
  • C. Statement-I is correct, but Statement-II is incorrect
  • D. Statement-I is incorrect, but Statement-II is correct

Q2. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. In a custody dispute governed by the Hindu Minority and Guardianship Act, 1956, the father's status as natural guardian gives him a claim to custody that prevails over the court's own assessment of the child's welfare.
  2. The Hindu Minority and Guardianship Act, 1956 provides that no person is entitled to guardianship under it if the court is of the opinion that such guardianship will not be for the welfare of the minor.
  • A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
  • B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
  • C. Statement-I is correct, but Statement-II is incorrect
  • D. Statement-I is incorrect, but Statement-II is correct

Q3. With reference to guidance issued by the Supreme Court of India on gender-related conduct, consider the following statements: Which of the statements given above is/are correct?

  1. Guidelines laid down by the Supreme Court in a judgment to fill a legislative vacuum, as in Vishaka (1997), bind those they address until the legislature enacts a law on the subject.
  2. An advisory handbook published by the Supreme Court for judges and lawyers acquires the force of law under Article 141 once it is announced by the Chief Justice in open court.
  3. The Vishaka guidelines bound only government employers, since fundamental rights are enforceable only against the State.
  • A. 1 and 2 only
  • B. 1 only
  • C. 1 and 3 only
  • D. 2 and 3 only

Q4. With reference to the doctrine of precedent in India, consider the following statements: Which of the statements given above is/are correct?

  1. Under Article 141, the binding element of a Supreme Court decision is principally its ratio decidendi rather than every passing observation made by the judges.
  2. A decision of a High Court binds the subordinate courts within its jurisdiction but has only persuasive value for courts in other States.
  3. A reasoning recorded in a reported judgment can be relied upon by later courts as precedent only if the case was decided by a Constitution Bench.
  • A. 2 and 3 only
  • B. 1 only
  • C. 1 and 2 only
  • D. 1, 2 and 3

Q5. With reference to the Protection of Children from Sexual Offences (POCSO) Act, 2012, consider the following statements: Which of the statements given above are correct?

  1. Its protections extend to every person below eighteen years of age, irrespective of gender.
  2. The Special Court conducts the trial in camera, in the presence of the child's parent or another person the child trusts.
  3. For specified offences, the Special Court presumes that the accused committed the offence unless the contrary is proved.
  4. Sexual acts committed by a person below eighteen years of age fall entirely outside the scope of the Act.
  • A. 1, 2 and 3 only
  • B. 1 and 2 only
  • C. 1, 2, 3 and 4
  • D. 2, 3 and 4 only