Interpretation of Statutes -1

1. There is no need for presumptions?

a. The intention of the legislation is clear

b. The intention of the legislation is not clear

c. Can be used in any condition d. All of the above

2. Where in an enactment, there are two provisions which cannot be reconciled with each other;
they should be so interpreted that, if possible effect may be given to both. This is what known as
the_____________

a. Rule of harmonious construction

b. Rule of reasonable construction

c. Rule of ejusdem generis

3. According to the ________ rule of interpretation, meaning of a word should be known from its
Accompanying or associating words?

a. Mischief rule

b. Golden rule

c. Noscitur a sociis

d. Primary rule

4.________means that contemporaneous exposition is the best and strongest in law?

a. Ejusdem generis

b. Contemporanea Expositio Est Optima Et Fortissima in Lege

c. Noscitur a sociis

d. None of above

5. Interpretation of statute should not be given a meaning which would make other
Provisions………..?

a. In effective

b. Redundant

c. Dormant

d. None of the above

6. Rule of ejusdem generis is applicable when__________?

a. Specific word follow general words

b. General word follows specific words

c. Either (a) or (b)

d. Both (a) and (b)

7. According to which rule of interpretation old statutes should be interpreted as they would have
been at the date when they were passed?

a. Expression unisest exclusion alteri us

b. Contemporanea Expositio Est Optima Et Fortissima In Lege

c. Futuresmag is valeat Quam Pereat

d.Nosciur a Sociis

8. According to primary rule, the ________of a statute are to be understood in the natural,
ordinary or popular and grammatical meaning unless such a construction leads to an Absurdity or
contents or object of the statute suggests a different meaning?

a. Words

b. Phrase

c. Sentences

d. All of above

9. If you were looking for the meaning of provision, the first place you would look is______?

a. A dictionary

b. The interne

c. The definition section

d. Any of the above

10._______sets out in general terms, the purpose of the Act and it often precedes the preamble?

a. Long title

b. Short title

c. Preamble

d. None of above

11. Which of the following is an external aid for interpretation of statute?

a. Parliamentary history

b. Use of foreign decisions

c. Historical background

d. All of above

12. When statute does not profess to make any alteration in the existing law, but merely declare
or explain what it is, then such law is known as________?

a. Codifying statute
b. Remedial statute

c. Declaratory statute

d. Consolidating statute

13. According to the _________the words, phrases, sentences so fast a tute are to be understood
In their natural, ordinary or popular and grammatical meaning, unless such a construction Leads to
an absurdity or contents or object of the statute suggests a different meaning?

a. Literal construction

b. Mischief rule

c. Strict rule of interpretation

d. None of above

14. Which of the following is internal aid for interpretation of statute?

a. Long title

b. Marginal notes

c. Interpretation clauses

d. All of above

15. As per the rule of _________meaning of a word should be known from its accompanying or
associating words.

a. Noscitur a sociis

b. Strict and liberal construction

c. Ejusdem generis

d. None of the above

16. Which of the following are acceptable extrinsic material use in interpreting legislation?

a. Parliamentary committee reports

b. Dictionaries

c. Notes on Clauses of the bill

d. All of above

17. Generally ____________are given strict interpretation?

a. Labour

b. Welfare laws

c. Criminal laws

d. None of the above

18. If there is any appearance of inconsistency between the schedule and specific provision in an
enactment, the ________ shall prevail?

a. Schedule

b. Provisions

c. Both will be applicable as per situation

d. None of the above

19. Heydon's case deals with____?

a. Mischief rule

b. Rule of reasonable construction

c. Noscitur a sociis

d. Golden rule

20. Non obstante clause usually starts with the word___?

a. Provided that

b. Notwithstanding anything contained

c. Save as provided otherwise

d. Any of the above

21._____is used to remove special cases from the general enactment and provide for them
specially?

a. Exception clause

b. Saving clause

c. Proviso

d. Non obstante clause

22. Ut Res Magis Valeat Quam Pareatis also known as______?

a. Rule of harmonious construction

b. Rule of reasonable construction

c. Rule of ejusdem generis

d. All of above

23.________contains the main object of the act?

a. Long title

b .Short title

c. Preamble

d. None of the above

24 .Heydon's case,in 1584,was resolved by the?

a. Supreme Court of India

b. Bombay high court

c. Court of Exchequer

d. House of lords

25. When a general word follows a specific word of a distinct category, the general word may be
given a striated meaning of the same category. His general word take its meaning from Preceding
expression. This is what is known as?

a. Rule of harmoniious construction

b. Ut Res Magis Valeat Quam Pereat

c. Ejusdem generis

d. Expressio unis est exclusio alterius

26. In the interpretation of the statue, an important role is played by____

a. Schedule

b. Preamble

c. Heading

d. All of above

27. While constructing a provision in penal statute if there appears to be a reasonable doubt or
ambiguity it shall be solved in favour of?

a. State government

b. Union

c. Person who would be liable to penalty

d. None of the above

28. Which of the following is internal aid for interpretation of statute?

a. Reference to reports of committee

b. Statement of objects and reasons

c. Dictionaries

d. Preamble

29. The rules______means the express mention of one thing is the exclusion of other

a. Rule of harmonious construction

b. Primary rule

c. Ejusdem generis
d. Expressio Unius est exclusio alterius

30.Internal aid in interpretation of statute includes?

a. Title

b. Preamble

c. Marginal notes

d. All of above

31. A statute has been defined as the______

a. Will of the king

b. Will of the society

c. Will of them magistrate

d. Will of the legislature

32. What is the doctrine of stare decisis?

a. The doctrine of Parliamentary sovereignty

b. The doctrine of royal pardon

c. The doctrine of statutory interpretation

d. The doctrine of precedent

33. What is case law?

a. Law representing the decisions of the courts

b. Law passed by Parliament

c. Delegated legislation

d. Case law is not really law at all

34. What is legislation?

a. Legislation is law made by judges

b. Legislation is law made by the Legislature

c. Legislation is law made by custom

d. Legislation is law made by the Law Commission

38. What is a Public Act?

a. An Act affecting particular individuals or individual bodies

b. An Act affecting the general public

c. An Act made in private

d. An Act made in public

39. What is meant by statutory interpretation?

a. The interpretation of a statute by Parliament

b. The interpretation of a statute by the House of Commons

c. The interpretation of a statute by the courts

d. The interpretation of a statute by the House of Lords

40. What is meant by the purposive approach?

a. The judge must interpret the statute on purpose

b. The judge must interpret the statute in the light of the purpose its enactment

c. The judge must interpret the statute with a purposeful manner

d. The judge must interpret the statute in the purpose of deciding the case before him or her

41. What is the mischief rule?

a. In interpreting statutes, judges should look at the ‘mischief’ which the Act was passed to
prevent

b. There must be no mischief in court

c. In interpreting statutes, judges should interpret the words literally

d. In interpreting statutes, judges should interpret the words as they see fit

42. What is the rule in Pepper V Hart?

a. Judges can refer to newspapers when interpreting statutes

b. Judges can refer to other judges when interpreting statutes

c. Judges can refer to Hansard when interpreting statutes

d. Judges cannot refer to any external aid when interpreting statutes

(Hansard- Hansard is the transcripts of parliamentary debates in Britain and

many Commonwealth countries. It is named after Thomas Curson Hansard (1776–1833), a London
printer and publisher, who was the first official printer to the Parliament at Westminster.

43. What is delegated legislation?

a. A decision of the courts

b. An Act of Parliament

c. Law made by a delegation

d. Law made by a person or body to whom Parliament has delegated power

44. Which of these is a disadvantage of delegated legislation?

a. It is quick to produce

b. It can be flexible
c. It raises issues of accountability

d. It can be made by reference to special is knowledge

45. A statute may be interpreted by judges by using different rules. Which of the following is not a
rule of interpretation?

a. Golden Rule.

b. Literal Rule.

c. Mischief Rule.

d. General Rule.

46. Which of the following statements is a definition of the phrase 'ratio decidendi'?

a. The verdict

b. The material facts.

c. A hypothetical situation.

d. The legal reason for reaching a decision.

47. Which of the following statements is correct?

a. The Supreme Court is bound by its own previous cases.

b. The House of Lords is the highest court of appeal in England and Wales.

c. There are no appeals from decisions of the Court of Appeal.

d. A principle of law set down in a case may be overruled by statute.

48. Which of the following is the most accurate description of the Golden Rule of Interpretation?

a. Justice must be served

b. Literal meaning must always be adopted without fail

c. Literal meaning must always be adopted except when it leads to absurdity

d Context must be understood properly

49. Illustration: Hindustan Lever Emplills Company Limited (TOMCO) and Hindustan Lever Limited
were in dispute. The employees of both Hindustan Lever Limited and TOMCO were concerned
about the amalgamation. One of the grounds of attack against the scheme was the absence of
approval of the central government as required under S.23 of the Monopolies and Restrictive
Trade Practices Act, 1969. That, however, was deleted in 1991. The Supreme Court stated that it is
significant to take into account the mischief that was sought to be cured through the amendment
of the statute. Accordingly, the court held that once the said section has been deleted from the
statute book, the requirement of prior approval of the Central Government cannot be brought
back through the backdoor. The Supreme Court was applying what rule of interpretation?

a. Deletion Rule

b. Mischief Rule
c. Literal Rule

d. Ejusdem Generis e. both a) and d)

50. Illustration: In the phrase ‘horses, cattle, sheep, pigs, goats, or any other farm animal’, the
general language ‘or any other farm animal’ — despite its seeming breadth — would probably be
held to include only four-legged, hoofed mammals typically found on farms, and thus would
exclude chickens. This is an example of which rule of interpretation?

a. Ejusdem Generis

b. noscitur a sociis

c. Literal Rule

d. Both a) and b)

51. What Statute is an aid in the interpretation of Statutes?

a. General Clauses Act, 1897

b. Interpretation of Statutes Act, 1897

c. Law of Legislations, 1897

d. All of the above

52. While applying the literal rule of interpretation, it is important to keep in mind the:

a. language

b. theme

c. context

d. applicability

53. While interpreting a statute, one has internal and external aids to construction. Question:
Which of the following in not an Internal aid to construction?

a. long title

b. preamble

c. headings

d. definitions

e. Parliamentary history

54. Delegatus non potest delegare

a. Debtor follows the person of the debtor

b. An action does not arise from a bare promise

c. A delegated power cannot be further delegated

d. The law does not concern itself with trifling matters

55. expressum facit cessare tacitum

a. Private disadvantage is counterbalanced by public good.

b. The reason for a decision.

c. An action does not arise from a bare promise

d, express mention of one person or thing is exclusion of another.

(What is expressed makes what is implied, silent.)

56. Generalia specialibus non derogant

a. The king can do no wrong.

b. General things do not derogate from special things.

c. The land passes with its burdens.

d. An accessory follows the principal.

57. Utres valet potior quam pareat.

a. it may rather become operative than null.

b. A matter adjudged is taken for truth.

c. An accessory follows the principal.

d. The land passes with its burdens.

58. Expressum facit cessare tacitum.

a. Private disadvantage is counter balanced by public good.

b. what is expressed makes what is implied silent.

c. An accessory follows the principal.

d. A matter adjudged is taken for truth.

59. Judicium semper pro veritate accipitur

a. A judgment always accepted as true

b. A judgment pronounced by a judge to decide in a matter falling within his jurisdiction is of no

effect

c. In equal delict, the position of the defender is the stronger

d. The immediate and not the remote cause is to be considered

60. Supreme Courts precedent in binding on

a. Courts

b. Appellate Tribunals

c. Income Tax Authorities

d. All of the above.

61. In which of the following cases free and fair election is recognized as basic structure of Indian
Constitution?

a. Indira Gandhi V- Raj Narayan

b. Minerva Mills V- Union of India

c. Both (A) and (B) above

d. None of the above

62. Doctrine of Separation of Powers was systematically formulated by

a. Plato

b. Montesquieu

c. Dicey

d. Aristotle

63. ‘Rule of Law’ means

a. Supremacy of Judiciary

b. Supremacy of Law

c. Equality before Law

d. Supremacy of Parliament

64. Which one of the following statements is true?

a. Delegated legislation cannot have retrospective effect

b. Delegated legislation can have retrospective effect, if authorized by Act or Statute

c. Delegated legislation can have retrospective effect, if not authorized by Act or Statute but have
reasonable and rational justification

d. None of the above

65. Which of the following interpretations of the Constitution regarding the utility of Directives
is/are found to be correct?

I. Even though the implementation of a Directive Principle may cause hardship to a few individu-
als, it should be upheld in the larger interests of the community.

II. In view of the absolute prohibition of consumption of liquor in Article 47, there cannot be any
fundamental right to manufacture and sell intoxicating liquor.

a. I and II

b. Neither I nor II

c. Only I

d. Only II
66. The legislative process includes the process of implementing and enforcing the law once made.

a True

b False

67. Which of the following statements accurately capture Dicey's view on the limitations which
exist on Parliament's law-making powers?

a. Parliament's law-making powers are subject to external and internal political limits.

b. Parliament's law-making powers are not subject to any limits.

c. Parliament's law-making powers are subject to legal limitations.

d. Parliament's law-making powers are subject to legal and political limitations.

68. Who is the final answer to interpret the constitution

a. The President

b. The Parliament

c. The Lok Sabha

d. The Supreme Court

69. The power of Supreme Court to decide the dispute between the centre and the states falls
under its

a. Advisory Jurisdiction

b. Appellate Jurisdiction

c. Original Jurisdiction

d. Advisory and appellate Jurisdiction

71. According to the ___________ rule, the words of the statute are to be given their plain and
ordinary meaning.

a. Literal rule

b. golden rule

c. natural rule

d. mischief rule

72. Which rule of statutory interpretation should judges apply first?

a. Purposive approach

b. Mischief rule

c. Golden rule

d. Literal rule

73. The concept of the Judicial review has been borrowed from the Constitution of
(a) U.K.

(b) Switzerland

(c) U.S.A

(d) U.S.S.R

74. The idea of 'concurrent list' in the Indian constitution is taken from the Constitution
of............?

a. Ireland

b. Canada

c. Australia

d. Japan

75. What are the factors the courts are required to consider according to Heydon's case?

a. What was the mischief and defect for which the common law did not provide?

b. What was the common law before the Act was passed?

c. What was the remedy Parliament passed to cure the mischief?

d. All are above

76. When may judges apply the mischief rule?

a. When there is ambiguity in the statute

b. When there is absurdity

c. When the law needs to be changed

d. When not to do so would lead to injustice

77. Under the _________________ rule the words may be given a secondary meaning if applying
the literal rule leads to absurdity.

a. mischief rule

b. golden rule

c. liber rule

d. none of above

79. An interpretation of the Constitution of India is based on the spirit of

a. Fundamental Duties

b. Fundamental Rights

c. Preamble

d. Federal System

80. The sequence of procedure for passing a Bill in the House is

a. First reading, Committee stage, report stage, second reading, third reading

b. First reading, second reading, committee stage, report stage, third reading

c. First reading, second reading, third reading, Committee stage, report stage

d. First reading, Committee stage, second reading, third reading

81. In a federal system the guardian of the Constitution is

a. the Parliament

b. the Judiciary

c. the council of Ministers

d. the National Security Advisor

83. The states enjoy exclusive jurisdiction over subjects of

a. Union list

b. State list

c. Residuary List

d. Concurrent list

85. The procedure for amending the Constitution is in

a. Article 368

b. Article 360

c. Article 367

d. Article 371

86. The list distribution of powers between union and states are given in schedule -------------

a. IV

b. V

c. VI

d. VII

87. Operation of law means…..

a. prospective operation of law

b. retrospective operation of law

c. both as above a and b

d. none of above

88. What does repeal of law mean?

a. change in law
b. amendment in law

c. removal or reversal of law.

d. none of above

89. General clauses Act enacted in the year…

a. March 11, 1897

b. January 15, 1920

c. August 15 1987

d. December 31, 1975

90. The term morals refer…

a. ethics or principles

b. legal rules by a competent authority .

c. only above a is correct

d. both a and b correct.

d. personal statutes

95. When there is a conflict between two or more statues or two or more parts of a statute then
the rule

a. welfare construction

b. strict construction

c. harmonious construction

d. none of above

96. Pith and substance is a legal doctrine in –

-a. Canadian constitutional interpretation

b. Indian constitutional interpretation

c. Indian and Canadian Constitutional interpretation

d. none of above

97. The doctrine of colourable legislation refers to the

a. question of competency of the legislature

b. question of fact

c. question of jurisdiction

d . nature of legislation

99. Law Commission of India is an executive body

a. executive body

b. judicial body

c. legislative body

d. quasi-judicial body

101. An aid that expresses the scope, object and purpose of the Act

a Title of the Act

b Heading of the Chapter

c Interpretation clause

d Preamble

102. Formal legal document which creates or confirms a right or record a fact is

a Instrument

b statute

c Document

d Deed

103.The meaning of a word is derived from its associated words, i.e. the meaning of a word is to be
judged by the company it keeps. This is as per __________ ‘

a Ejusdem Generis’

b Noscitur A Sociis

c Expressio Unius Est Exclusio Alterius

d Contemporanea Expositio

104.The rule of Ejusdem Generis is applied to construe ________

a The general word(s)

b The associated words

c The specific word(s)

d The unrelated words

105. Rule of Beneficial construction is also known as—

a Purposive construction

b Mischief Rule

c Heydons’s Rule

d All of the Above

106. Speech of mover of bill at the time of introduction of the bill, the history of the external
circumstances which led to the enactment of the statue, amendments considered during the
progress of the bill, statement of objects and reasons, report of a committee which examined the bill
are the examples of _____.

a Historical setting

b Consolidating statutes and previous laws

c Earlier and later Acts and analogous acts

d Internal aids

107.An internal aid that may be added to include something within the section or to exclude
something from it, is

a Proviso

b Schedule

c Explanation

d Illustrations

108. Rule of Reasonable Construction is based on the maxim

a Absolut Sententia expositore non-indigent

b Ut res magis valeat quam pereat

c Qui facit per alium facit per se

d Contemporanea expositio

109. Which among the following is the cardinal rule of construction of statutes

a Literal Rule of construction

b Beneficial Rule of construction

c Harmonious Rule of construction

d Reasonable Rule of construction

110. Which rule of construction is applicable where there is a real and not merely apparent conflict
between the provisions of an Act, and one of them has not been made subject to the other—

a Rule of Beneficial construction

b Rule of Harmonious construction

c Rule of Literal construction

d Rule of Exceptional construction

111. As per ___________, if two or more words which are capable of analogous (similar or parallel)
meaning are grouped together they should be understood in cognate sense, i.e. they take their
colour from each other and are given a similar or related meaning

a Noscitur A Sociis

b Expressio Unius Est Exclusio Alterius

c Ejusdem Generis

d Contemporanea Expositio

112. Pick the odd one out of the following aids to interpretation

a Preamble

b Marginal Notes

c Proviso

d Usage

113. Statement (1): A substantial compliance of a mandatory provision is sufficient unless it results in
loss or prejudice to the other party. Statement (2): Non-observance of a mandatory provision does
not invalidate the act done; whatever consequences may occur

a Only statement (1) is correct

b Only statement (2) is correct

c Both the above statements are correct

d None of the above statements is correct

115. If it is impossible to harmonise the two conflicting provisions, the provision enacted
____________ in point of time shall prevail.

a Later

b Earlier

c Either (a) or (b)

d one of these

116. If two provisions are joined by the conjunction ‘and’, requirements of both the provisions
should be satisfied. If two provisions are separated by the word ‘or’, satisfying the requirements of
any of the two provisions would be sufficient. However, at times, these words may be read as vice-
versa to give effect to the intention of the legislature. This is as per ___

a Noscitur A Sociis

b Rule of Exceptional Construction

c Rule of Ejusdem

d Generis Rule of literal interpretation

117. ________ is the process of ascertaining the true meaning of the words used in a statute

a Interpretation

b Construction

c Both (a) and (b)

d Evaluation
118. Generally, full effect must be given to every word contained in a Statute. However, words in a
statue may be eliminated if no sensible meaning can be drawn. This is as per ____

a Rule of literal interpretation

b Rule of harmonious construction

c Rule of Exceptional Construction

d Noscitur A Sociis

129. Which one among the following are external aids to interpretation?

A. Tittle

B. Illustrations

C. Proviso clause

D. Dictionary

130. Under which section of the General Clauses Act does the effect of repeal is stated?

A. Section 3

B. Section 4

C. Section 6

D. Section 8

131. Statutes that are there in existence for a specified fixed period is known as

A. Permanent Statute

B. Temporary Statute

C. Codifying Statute

D. Remedial statute

132. Which legal maxim means “to stand by things decided”?

A. Stare Decisis

B. Ration Descending

C. In Bonem Partem

D. Ejusdem Generis

133. Doctrine of Mischief Rule was given under

A. Foss Vs Harbottle

B. Heydon’s Case

C. Thomson Vs Clan Morris

D. Foster Vs DiphwysCasson

134. Which of the following rules of interpretation are applicable to Taxation Statutes?

A. Liberal and wide interpretation

B. Strict and narrow interpretation

C. Beneficial interpretation

D. Utilitarian interpretation

135. In Exchequer Vs. Heydon [1584] EWHC Exch J36 76 ER 637, the court expounded which of the
following rule?

A. The Golden rule

B. The Red rule

C. The Mischief rule

D. The literal interpretation rule

136. The judiciary when interpreting a criminal statute generally applies which of the following
rule of interpretation?

A. Forgiveness rule

B. Rule of literal interpretation

C. Beneficial interpretation

D. Golden rule of interpretation

137. “A person to whom an authority or decision-making power has been delegated to from a
higher source, cannot, in turn, delegate again to another, unless the original delegation explicitly
authorized it”, Which maxim fits this explanation?

A. Delegatus Non Potest Delegare

B. Audi Alteram Partem

C. Nemo Judex in causa sua

D. Reddendo Singula Singulis

138.Section _____ of the General Clauses Act, 1897 deals with the meaning of service by post.

A. 25

B. 26

C. 27

D. 28

139. Which of the following is not a general rule of interpretation.

A. a statute must be read as a whole

B. same word to have the same meaning

C. a construction to avoid absurdity is permissible

D. technical words to have the ordinary meaning

140. Which of the following is based on the principle that a law that violates fundamental rights is
not a nullity or void ab initio but becomes unenforceable.

A. Doctrine of waiver

B. Doctrine of lifting the veil

C. Doctrine of severalty

D. Doctrine of eclipse

141. The general rule is that a taxing statute should be construed ______ , that is, a person should
not be taxed unless the words of the statute unambiguously impose the talk on him.

A. beneficially

B. leniently

C. harmoniously

D.strictly

142. The effect of an Act that has expired or was repealed was that, for all purposes, it would be
presumed that the Act _____ existed unless the contrary intention appeared.

A. always

B. never

C. sometimes

D.rarely