⚖ Legal Aptitude · Premium Resource
Top 25 Most-Asked Questions
from 5 Years of PYQs
Fundamental Rights · Landmark Supreme Court Cases · Law of Torts — with full explanations, exam tips, and answer key. MHT CET LAW 3-Year & 5-Year (2019–2024)
Section A
Fundamental Rights (Art. 12–35)
Q1 – Q8
01
Which Article of the Indian Constitution provides the Right to Constitutional Remedies?
Correct Answer
(C) Article 32 — Right to Constitutional Remedies
💡 Explanation
Dr. B.R. Ambedkar called Article 32 the "heart and soul" of the Constitution. It allows citizens to directly approach the Supreme Court for enforcement of Fundamental Rights. Article 226 is for High Courts — this distinction is extremely frequently tested.
02
The Right to Privacy was declared a Fundamental Right under which Article by the Supreme Court in Justice K.S. Puttaswamy v. Union of India (2017)?
Correct Answer
(B) Article 21 — Right to Life and Personal Liberty
💡 Explanation
A 9-judge bench unanimously held that Privacy is an intrinsic part of Article 21. This overruled M.P. Sharma (1954) and Kharak Singh (1962). One of the most important landmark cases for MHT CET LAW.
03
Which of the following Fundamental Rights is available only to citizens and NOT to foreigners?
Correct Answer
(C) Article 19 — exclusively for citizens
💡 Explanation
Articles 14, 20, 21, 22, 23, 24, 25, 26, 27, 28 are available to all persons (citizens + foreigners). Articles 15, 16, 17, 18, 19, 29, 30 are available to citizens only. This classification is a very common PYQ.
04
The "Golden Triangle" of the Indian Constitution refers to which combination of Articles?
Correct Answer
(B) Articles 14, 19, and 21
💡 Explanation
The Supreme Court in Maneka Gandhi v. Union of India (1978) established the Golden Triangle — Articles 14 (Equality), 19 (Freedoms), and 21 (Life & Liberty) must be read together. Any law affecting Art. 21 must also satisfy Arts. 14 and 19.
05
Article 17 of the Constitution abolishes which practice?
Correct Answer
(B) Untouchability — abolished, practice is punishable
💡 Explanation
Article 17 abolishes Untouchability in any form. The Protection of Civil Rights Act, 1955 gives statutory backing. Note: Article 23 abolishes forced labour/trafficking; Article 24 prohibits child labour below 14 years.
06
Which Fundamental Right was deleted from the Constitution by the 44th Constitutional Amendment Act, 1978?
Correct Answer
(B) Right to Property (originally Article 31)
💡 Explanation
The 44th Amendment (1978) under PM Morarji Desai removed the Right to Property from Part III and made it a legal right under Article 300-A: "No person shall be deprived of his property save by authority of law."
07
Article 21-A, inserted by the 86th Constitutional Amendment (2002), provides free and compulsory education to children of which age group?
Correct Answer
(A) 6 to 14 years — Right to Education
💡 Explanation
Article 21-A makes Right to Education a Fundamental Right. The RTE Act, 2009 gives it effect. Tested almost every year in MHT CET LAW — memorise: 6–14 years, 86th Amendment, 2002.
08
The doctrine of "Procedure Established by Law" (Article 21) was interpreted broadly to mean "Due Process of Law" in which landmark case?
Correct Answer
(B) Maneka Gandhi v. Union of India (1978)
💡 Explanation
In A.K. Gopalan (1950), SC held Articles must be read independently. In Maneka Gandhi (1978), SC overruled this — procedure must be fair, just and reasonable, effectively importing American "Due Process" into Article 21.
Section B
Landmark Supreme Court Cases
Q9 – Q16
09
In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court laid down which famous doctrine?
Correct Answer
(B) Basic Structure Doctrine
💡 Explanation
By a razor-thin 7:6 majority, the 13-judge bench held Parliament can amend the Constitution but cannot alter its basic structure. Basic structure includes: Supremacy of Constitution, Republican & Democratic form, Secular character, Separation of Powers, Judicial Review. The most cited Indian constitutional case.
10
Vishaka v. State of Rajasthan (1997) is a landmark case related to:
Correct Answer
(B) Sexual Harassment at Workplace
💡 Explanation
The SC laid down the Vishaka Guidelines to prevent sexual harassment at workplace. These were eventually codified as the POSH Act, 2013. The case arose from the gang-rape of Bhanwari Devi in Rajasthan.
11
Which case established that the right to food is part of the Right to Life under Article 21?
Correct Answer
(A) PUCL v. Union of India (2001)
💡 Explanation
SC held right to food, mid-day meals, and foodgrain distribution are part of Article 21. Olga Tellis = right to livelihood. Unni Krishnan = right to education. M.C. Mehta = environmental rights.
12
In which case did the Supreme Court hold that Triple Talaq (Talaq-e-Biddat) is unconstitutional?
Correct Answer
(B) Shayara Bano v. Union of India (2017)
💡 Explanation
A 5-judge bench held Triple Talaq void by 3:2 majority as it violates Article 14. The Muslim Women (Protection of Rights on Marriage) Act, 2019 then criminalised it. Shah Bano (1985) dealt with maintenance under CrPC Sec. 125.
13
Navtej Singh Johar v. Union of India (2018) decriminalised which provision of the IPC?
Correct Answer
(A) Section 377 IPC — consensual same-sex relations between adults
💡 Explanation
A 5-judge bench unanimously struck down Sec. 377 IPC for consensual adult acts — violated Arts. 14, 15, 19, 21. Suresh Kumar Koushal (2013) had reversed Delhi HC; Navtej Johar overruled it.
14
M.C. Mehta v. Union of India (1986) introduced which principle into Indian environmental law?
Correct Answer
(C) Absolute Liability Principle
💡 Explanation
Absolute Liability (Oleum Gas Leak case) = enterprise engaged in hazardous activity is liable without any exceptions. Unlike Strict Liability (Rylands v. Fletcher) which has exceptions like Act of God. Also applied in the Bhopal Gas Tragedy.
15
In S.R. Bommai v. Union of India (1994), the Supreme Court restricted misuse of which Constitutional provision?
Correct Answer
(B) Article 356 — President's Rule
💡 Explanation
SC held imposition of President's Rule is subject to judicial review, floor test must be conducted before dismissing a state government. President's Proclamation under Art. 356 is not immune from judicial scrutiny.
16
Which case established the doctrine that "Directive Principles cannot override Fundamental Rights"?
Correct Answer
(A) Champakam Dorairajan (1951)
💡 Explanation
First major constitutional case post-independence. SC held Fundamental Rights prevail over Directive Principles. This led to the First Constitutional Amendment (1951) which added the Ninth Schedule.
Section C
Law of Torts
Q17 – Q25
17
The maxim "Volenti non fit injuria" means:
Correct Answer
(B) To a willing person, no injury is done — complete defence in torts
💡 Explanation
If the plaintiff voluntarily consented to the risk, defendant is not liable. Example: A cricket match spectator hit by a ball cannot sue. Key: consent must be free and informed. Contrast with Contributory Negligence where both parties share fault.
18
The rule of Strict Liability was established in which landmark English case, also applied in India?
Correct Answer
(B) Rylands v. Fletcher (1868)
💡 Explanation
Rule: A person who brings on his land anything likely to do mischief if it escapes, must keep it at his peril. Exceptions: Act of God, Act of Plaintiff, Consent, Common Benefit, Third Party, Statutory Authority. India later evolved Absolute Liability in M.C. Mehta (no exceptions).
19
The maxim "Res Ipsa Loquitur" literally means and applies to which principle?
Correct Answer
(B) "The thing speaks for itself" — shifts burden of proof to defendant
💡 Explanation
When an accident could not have occurred without negligence, negligence is presumed. Burden of proof shifts from plaintiff to defendant. Classic case: Scott v. London & St. Katherine Docks (1865) — bags of sugar fell from a crane.
20
Vicarious Liability in torts refers to:
Correct Answer
(B) Liability for acts of another — Master-Servant, Principal-Agent, Partners
💡 Explanation
Requires: (1) Wrongful act, (2) Special relationship, (3) Act in course of employment. Key principle: "Respondeat superior" — Let the master answer. State's sovereign functions are exempt from vicarious liability in India.
21
Which of the following is NOT an essential element of the tort of negligence?
Correct Answer
(C) Malicious Intention — negligence does NOT require intention
💡 Explanation
3 essentials of Negligence: (1) Duty of Care (Neighbour principle — Donoghue v. Stevenson), (2) Breach of duty (standard of reasonable man), (3) Damage. Malicious intention is irrelevant — negligence is an unintentional tort.
22
The tort of Defamation — Libel vs Slander. Which statement is correct?
Correct Answer
(B) Libel is actionable per se; Slander requires proof of special damage
💡 Explanation
Libel = permanent/written/broadcast form. Slander = spoken/transient form. Under Indian Law: Both are crimes under Sec. 499 IPC / BNS 2023. IPC Section 499 has 10 exceptions to defamation.
23
The principle "Damnum sine injuria" means:
Correct Answer
(C) Actual damage but no violation of legal right — no remedy
💡 Explanation
Damnum sine injuria — actual loss, no legal right violated = no remedy (e.g., business competition). Injuria sine damno — legal right violated, no actual damage = remedy available (e.g., trespass). Classic case: Gloucester Grammar School (1410).
24
Which defence applies when the plaintiff's own negligence contributes to the harm suffered?
Correct Answer
(C) Contributory Negligence — plaintiff's fault reduces/eliminates defendant's liability
💡 Explanation
Old English rule = complete defence. Modern law = damages apportioned proportionally. Last Opportunity Rule (Davies v. Mann, 1842) — whoever had last chance to avoid accident is fully liable. Heavily tested!
25
Under the tort of Private Nuisance, which of the following is NOT a valid defence?
Correct Answer
(C) "Public benefit" is NOT a valid defence for private nuisance
💡 Explanation
Valid defences: (1) Prescription — 20 years uninterrupted = right; (2) Statutory Authority; (3) Plaintiff came to nuisance — partially valid. Public benefit rejected as defence in Bamford v. Turnley (1862).
📋
Answer Key — Quick Reference
Q1
C
Q2
B
Q3
C
Q4
B
Q5
B
Q6
B
Q7
A
Q8
B
Q9
B
Q10
B
Q11
A
Q12
B
Q13
A
Q14
C
Q15
B
Q16
A
Q17
B
Q18
B
Q19
B
Q20
B
Q21
C
Q22
B
Q23
C
Q24
C
Q25
C
⚖
Must-Know Latin Maxims
Volenti non fit injuria
Consent is a complete defence
Res ipsa loquitur
The thing speaks for itself
Damnum sine injuria
Damage without legal injury — no remedy
Injuria sine damno
Legal injury without damage — remedy available
Respondeat superior
Let the master answer (vicarious liability)
Ubi jus ibi remedium
Where there is a right, there is a remedy
Sic utere tuo
Use property so as not to harm others
De minimis non curat lex
Law does not concern itself with trifles
Actus reus
Guilty act (criminal law)
Mens rea
Guilty mind (criminal law)
🏛
Top 10 Landmark Cases — Flash Reference
| Case | Year | Key Principle |
|---|---|---|
| Kesavananda Bharati | 1973 | Basic Structure Doctrine |
| Maneka Gandhi | 1978 | Art. 21 = Due Process; Golden Triangle |
| A.K. Gopalan | 1950 | Procedure est. by law (overruled by Maneka) |
| Vishaka | 1997 | Sexual harassment guidelines at workplace |
| M.C. Mehta | 1986 | Absolute Liability — no exceptions |
| S.R. Bommai | 1994 | Art. 356 misuse curtailed; judicial review |
| Shayara Bano | 2017 | Triple Talaq unconstitutional |
| K.S. Puttaswamy | 2017 | Right to Privacy under Art. 21 |
| Navtej Singh Johar | 2018 | Sec. 377 IPC decriminalised (consensual) |
| Champakam Dorairajan | 1951 | FR prevail over DPSP |