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September 22nd, 2017, 03:04 PM
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Join Date: Mar 2012
Re: All India Bar Exam Previous Year Question Papers 2011

The previous years question paper for the All India Bar Exam which is required for preparation purpose has been provided below:

AIBE previous years Questions:


Question 1: The structure of Indian Constitution is?
1. Federal in form and unitary in spirit
2. Unitary
3. Unitary in form and federal in spirit
4. Purely federal

Question 2: “The Constitution establishes a system of government, which is almost Quasi-federal” , This statement relates to?
1. Sir Jennings
2. Dr. B.R. Ambedkar
3. Prof. K. C. Wheare
4. Dr. Rajendra Prasad

Question 3: In whose time period, the Panchayats were given the Constitutional status?
1. Rajiv Ghandhi
2. Chandrashekhar
3. V.P. Singh
4. P.V. Narsimha Rao

Question 4: Which one of the following statement correctly describes the Fourth Schedule of the Constitution of India?
1. It lists the distribution of powers between the union and the states
2. It contains the language listed in the Constitution
3. It contains the provisions regarding the administration of tribal areas
4. It allocates seats in the Council of States

Question 5: Who described the Part III of the Indian Constitution as “most criticized part of the Constitution”?
1. Jawahar Lal Nehru
2. B.R. Ambedkar
3. Dr. Rajendra Prasad
4. B.N.Rau

Question 6: When an Enactment is of such a nature that no separation is possible between inconsistent and consistent part?
1. Whole Act will be operative
2. Whole Act will be inoperative
3. The Act will neither be operative nor inoperative
4. None of these

Question 7: For which of the following, special provisions can be made under Article 15 of the Constitution of India?
1. Women and Children
2. Scheduled and Tribes
3. Economically Backward Classes
4. Socially Backward Classes

Question 8: Under which law the ‘untouchability’ has been declared abolished in India?
1. Protection of Civil Rights Act
2. Schedule Castes and Schedule Tribes Act, 1989
3. Constitution of India
4. All of the above

Question 9: The Supreme Court has held in a case that Mrs. Sonia Gandhi, the President of Congress (I) is not an Italian citizen, but is an Indian citizen under:
1. Article 10
2. Article11
3. The citizenship Act, 1955
4. None of the above

Question 10: Constitution is generally defined as?
1. Law of the land
2. Fundamental law of the land
3. Administrative law of the land
4. Constitutional law of the land

Question 11: A plaint may be rejected in which of the following cases?
Options:
(a) Where the suit appears from the statements in the plaint to be barred by any law.
(b) The facts show that the court has jurisdiction.
(c) Where the defendant or the plaintiff is a minor or a person of unsound mind.
(d) Where the plaintiff has allowed a set-off or relinquished a portion of his claim.
(e) Where the plaintiff has an actual existing interest in the subject-matter.

Category B

Question 12: A has a civil dispute with B, and wishes to institute proceedings against B. A and B live in the same state, and the dispute relates to some property situated in the same state. A decides to approach the High Court in another state. Can A institute proceedings in that High Court?

Principle: The CPC provides that any person, who has a civil dispute with another person, has a right to institute a civil suit in a competent civil court, unless its
cognizance is either expressly or impliedly barred by any law. The CPC provides that the territorial jurisdiction of a High Court in a state is limited to the territory of that state, and not beyond it.

Options:
(a) A can institute proceedings in that court, since she has a right approach any civil court.
(b) A can institute proceedings in that court, since that court is also governed by the CPC.
(c) All courts of law in the country, no matter where they are situated, are governed by the Constitution, and so, A can approach any court whatsoever.
(d) Parties to a dispute can choose any court that they wish to approach, and by doing so, they confer jurisdiction on that court. A can approach the court in the other state.
(e) A can only approach a competent civil court; the CPC sets out the rules of jurisdiction for civil courts; the High Court in the other state does not have
jurisdiction over this matter, and is not a competent civil court in this state.

Question 13: A deposited title deeds to certain immovable property with B. A then took a debt from C, against the security of the same title documents. When the time
for repayment of the debt from A to C was over, C alleged that A had not paid the debt back, whereas A alleged that the debt had been paid. A and C both claim the
title documents from B. B wishes to return the title deeds to the rightful claimant, and to recover her charges for keeping the title deeds in safekeeping. Can B institute an interpleader suit against A and C?

Principle: Where two or more persons claim adversely to one another the same debt, sum of money, or other property, movable or immovable, from another person, who
claims no interest therein other than for charges and costs and who is ready to pay or deliver it to the rightful claimant, such other person may institute a suit of
interpleader against all the claimants for the purpose of obtaining a decision as to the person to whom the payment or delivery shall be made and for obtaining indemnity for himself.

Options:
(a) B cannot institute an interpleader suit, since this matter relates only to a dispute between A and C, and B has no interest in it.
(b) B cannot institute an interpleader suit, since she is claiming an interest in the property, that is, the title deeds.
(c) B cannot institute an interpleader suit, since title deeds in themselves are not property.
(d) B cannot institute an interpleader suit, since she does not wish to deliver the title deeds to the rightful claimant.
(e) B can institute an interpleader suit, since she was entrusted with the title
deeds, which both A and C claim, and which B is willing to return to the rightful claimant.

Question 14: A sues B and C for Rs.10,00,000/-. A owes B Rs.5,00,000/- in relation to
another transaction. Can this amount be set off between A and B in this action?
Principle: In a suit for recovery of money, where there are ascertainable mutual debts
between the plaintiff and the defendant, one debt may be settled against the other.
The particulars of set-off must be stated in the written statement.
Options:
(a) Yes, B can set off the amount in this action.
(b) No, B cannot set off the amount in this action.
(c) B can set off the amount in this action, but only if C consents to the same.
(d) B cannot set off the amount in this action, since A sued both B and C, and the
debt was due to B alone.
(e) B cannot set off the amount in this action, since it is lower than the amount
that A claims against B.
Subject 3: Constitutional Law

Category A

Question 15: Which of the following rights is not provided to citizens by A.19(1) of
the Constitution of India (“the Constitution”)?
Options:
(a) Freedom of speech and expression.
(b) Right to equality.
(c) Freedom to form associations or unions.
(d) Freedom to reside or settle in any part of the territory of India.
(e) Freedom to form associations or unions.

Question 16: Which provision of the Constitution provides that no person shall be deprived of his life or personal liberty except according to procedure established by
law?
Options:
(a) Article 19(1)(a).
(b) Article 14.
(c) Article 21.
(d) Article 20(1).
(e) Article 20(2).

Question 17: In what cases may the Supreme Court’s jurisdiction under A.32 of the
Constitution be invoked?
Options:
(a) In any appeal from the High Court.
(b) In any appeal from the High Court where a substantial question of law is
involved.
(c) In any appeal from the High Court where there is an error apparent on the
face of the record.
(d) In any case where the Supreme Court has original jurisdiction by virtue of the
pecuniary value of the suit.
(e) Any matter for the enforcement of the rights conferred in Part III of the
Constitution.

Question 18: In which of the following cases can the Supreme Court be approached
under A.32 against private individuals?
Options:
(a) When the private individual has violated A.21 of the Constitution by imprisoning someone against their will.
(b) When the private individuals are too powerful to be effectively prosecuted by lower courts.
(c) When the private individuals are employees of the Central Government.
(d) When the private individuals have violated A.23 of the Constitution by forcing someone to work as bonded labour against their will.
(e) When the private individuals have refused to appear before lower courts.
Category B

Question 19: A government-run college changes its rules to provide that students who were residents of other states, and who applied for admission to the college,
would have to pay a capitation fee, whereas students who were resident in the state that the college was located in would not have to pay the capitation fee. A, a student residing in another state, challenges this rule, claiming that her fundamental right under A.15 of the Constitution has been violated. Will she succeed?
Principle: “The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.” (A.15(1) of the Constitution)
Options:
(a) A will not succeed, since the discrimination in this case was on the basis of
residence, and not on any of the grounds prohibited by A.15(1).
(b) A will not succeed, since the State is not obliged to provide education to any
citizen.
(c) A will not succeed, since a government-run college does not fall within the
definition of ‘State’ for the purposes of Part III of the Constitution.
(d) A will succeed, since the college, being a government-run college, is ‘State’
for the purposes of Part III of the Constitution.
(e) A will succeed, since the college has unfairly discriminated against students
residing in other states, and this is violative of the Constitution.

Question 20: A approached the Supreme Court under A.32 of the Constitution,
alleging that her fundamental right under A.19(1)(a) had been violated. The
Government contends that A should first approach the High Court under A.226
before approaching the Supreme Court, and that, on this ground alone, her petition
should be dismissed. Can A’s petition be dismissed on this ground?
Principle: “The right to move the Supreme Court by appropriate proceedings for the
enforcement of the right conferred by this Part [Part III] is guaranteed.” (A.32(1) of
the Constitution)
Options:
(a) The Supreme Court, being the highest court of the land, cannot be approached directly. A’s petition can be dismissed on this ground.
(b) The Supreme Court is the ultimate protector of the fundamental rights, and not the court of first instance to protect fundamental rights. A’s petition cannot be dismissed.
(c) The right to approach the Supreme Court under A.32 is itself a fundamental right. A’s petition cannot be dismissed.
(d) A violation of a fundamental right is a serious matter. A’s petition cannot be dismissed.
(e) High Courts have no authority to decide matters involving the violation of a fundamental right. A’s petition cannot be dismissed.


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