UPSC Prelims Practice Questions — U.S. court allows suits on NSA Doval, RAW ex-chief
Q1. With reference to the service of a summons issued by a foreign court in a civil suit on a defendant residing in India, consider the following statements: Which of the statements given above is/are correct?
- A private process server engaged by the foreign plaintiff can validly effect service by personally handing the papers to the defendant in India.
- Delivery of a notice by the foreign government at the defendant State's embassy abroad is the route India recognises for serving its individual officials.
- When the request is routed through the authority India has designated, it is that authority, and not the foreign plaintiff, that arranges service on the defendant.
- A. 3 only
- B. 2 and 3 only
- C. 1 only
- D. 1 and 2 only
Q2. Consider the following statements: Which of the following is correct in respect of the above statements?
- The route for serving Pannun's lawsuit on Indian officials falls under the framework of the Hague Service Convention, not under treaties on mutual legal assistance in criminal matters.
- The Hague Service Convention deals with service of judicial documents in civil or commercial matters, and Pannun's lawsuit against the officials is a civil plea.
- 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. Consider the following statements: Which of the following is correct in respect of the above statements?
- Pannun's civil plea against Indian officials can proceed in a U.S. court separately from the criminal case built on the FBI's findings about the 2023 plot.
- Because Pannun is the alleged target of the plot, his lawsuit is the proceeding through which the alleged plotters would face criminal punishment in the United States.
- 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
Q4. With reference to the immunity of State officials from foreign criminal jurisdiction, as set out in the International Law Commission's draft articles, consider the following statements: Which of the statements given above is/are correct?
- Immunity ratione personae covers acts performed in a private capacity as well as acts performed in an official capacity.
- Immunity ratione personae extends even to acts that its holder performed before taking office.
- Immunity ratione materiae for official acts comes to an end once the individual ceases to be a State official.
- A. 1 only
- B. 2 and 3 only
- C. 1, 2 and 3
- D. 1 and 2 only
Q5. With reference to the 2019 amendment to the Unlawful Activities (Prevention) Act, 1967, consider the following statements: Which of the statements given above is/are correct?
- The amendment for the first time allowed the central government to designate organisations as terrorist organisations under the Act.
- After the amendment, an individual can be designated as a terrorist on grounds such as preparing for or promoting terrorism.
- The amendment applies a narrower set of grounds for designating individuals than the grounds that apply to organisations.
- A. 2 and 3 only
- B. 1 only
- C. 2 only
- D. 1 and 3 only
Q6. Consider the following statements about the legal basis of the National Investigation Agency (NIA): Which of the statements given above is/are correct?
- The NIA owes its existence to an Act of Parliament, under which the Central Government constitutes it.
- Being a police organisation, the NIA remains subject to the Police Act, 1861 in its constitution, and that Act prevails over the NIA Act wherever the two conflict.
- A. 1 only
- B. 2 only
- C. Both 1 and 2
- D. Neither 1 nor 2
Q7. Which one of the following correctly distinguishes the designation of an individual as a terrorist under the Unlawful Activities (Prevention) Act, 1967, as amended in 2019, from the conviction of an individual for a terrorist act?
- A. Designation is made by a court after a trial; conviction is notified by the central government
- B. Designation is an executive act of the central government; conviction follows a judicial trial
- C. Designation needs a prior UN Security Council listing; conviction rests on domestic law alone
- D. Designation requires a prior court conviction; conviction in turn requires a prior designation