Dear student of LLM here are few Research Methodology MCQ as per your study material. these sets of Research Methodology MCQ are strictly based on your previous year question papers. hope these sets of Research Methodology MCQ might be helpful for you exam.
Table of Contents

Research Methodology MCQ on (Session 1 reading 1/1) W.C. Booth, G.C. Colomb and J.M. Williams, The Craft of Research (University Chicago Press, 2008), Chapter 1.
- According to Booth, Colomb, and Williams, which of the following is not one of the three core tasks of research?
a. Asking a significant question
b. Collecting all available sources exhaustively
c. Creating a claim that answers the question
d. Assembling reasons and evidence to support the claim
Answer: b - How do the authors define the term “problem” in the context of a research project?
a. An issue with no possible resolution
b. A gap between what is known and what needs to be understood
c. A disagreement among scholars about methodology
d. A discrepancy between qualitative and quantitative results
Answer: b - Which of the following best describes the authors’ view of “research as a conversation”?
a. Researchers repeat what past authors have said
b. Researchers must respond to and build on existing work
c. Authors should debate each other in public forums
d. Conversations among peers replace formal citations
Answer: b - Booth, Colomb, and Williams emphasize that a good research question must be:
a. Broad and exploratory to cover all possible angles
b. Focused enough to be answered with available evidence
c. Driven primarily by the researcher’s personal opinion
d. Intended to confirm preconceived theories
Answer: b - Which of the following do the authors identify as not a purpose of academic argument?
a. Convincing readers of the significance of a problem
b. Establishing the researcher’s authority in the field
c. Demonstrating the researcher’s mastery of methodology
d. Persuading readers to adopt a specific course of action
Answer: c - What strategy do the authors recommend for beginning the drafting process?
a. Writing the conclusion first, then finding supporting data
b. Listing all potential sources before formulating a claim
c. Drafting a provisional claim and then testing it against evidence
d. Conducting exhaustive literature searches prior to any writing
Answer: c - According to Chapter 1, a “warrant” in an argument refers to:
a. The explicit statement of the research question
b. The principle or reasoning that connects evidence to the claim
c. The statistical confidence level of data
d. The legal authority for using certain sources
Answer: b - Which of these, according to the authors, is not an attribute of a strong claim?
a. It addresses an important problem or question.
b. It is straightforwardly obvious from the evidence.
c. It is defensible with logical reasoning and evidence.
d. It advances the conversation in the field.
Answer: b - Booth, Colomb, and Williams describe the “adelic” structure of research purposes. Which pair correctly captures their two broad purposes?
a. Exploration and description
b. Description and explanation
c. Prediction and prescription
d. Critique and summary
Answer: b - What do the authors identify as a common pitfall when choosing sources?
a. Overreliance on secondary analyses rather than primary data
b. Selecting only sources that support a provisional claim
c. Ignoring methodological appendices in empirical studies
d. Including too many contradictory perspectives
Answer: b - According to Chapter 1, which of the following is not a quality of a well-framed research problem?
a. It challenges existing scholarship.
b. It is manageable within the scope of a paper.
c. It requires data the researcher cannot realistically access.
d. It promises to make a distinct contribution.
Answer: c - How do the authors characterize the role of revision in the research process?
a. A one-time task after completing the first draft
b. A continual process of refining both argument and evidence
c. An optional step only for lengthy dissertations
d. A final proofreading for grammar and style
Answer: b - Booth, Colomb, and Williams claim that “research writing is a social act” because:
a. It only occurs in collaborative teams
b. It acknowledges and engages with a community of scholars
c. Researchers must present findings in social media forums
d. It relies exclusively on interviews and ethnography
Answer: b - Which example do the authors use to illustrate the importance of specificity in research questions?
a. Comparing global poverty trends without defining “poverty”
b. Studying the effect of diet on health across all mammals
c. Examining how a particular policy change affected a single city
d. Assessing attitudes toward climate change in broad age groups
Answer: c - What warning do Booth, Colomb, and Williams give about “mindless replication” of previous studies?
a. It can waste time without advancing understanding.
b. It is the foundation of all empirical research.
c. It should always precede any new theoretical work.
d. It guarantees methodological rigor.
Answer: a - According to the chapter, what distinguishes a “literature review” from mere summary?
a. It lists all sources chronologically.
b. It synthesizes and critically evaluates existing arguments.
c. It avoids any critical commentary.
d. It provides detailed biographical sketches of each author.
Answer: b - Booth, Colomb, and Williams identify “walking away” as a useful practice. What does it mean?
a. Abandoning a research project permanently
b. Taking a break from writing to gain fresh perspective
c. Delegating sections of the work to co-authors
d. Presenting preliminary findings at conferences
Answer: b - Which of the following is not among the four overarching questions that help shape a research claim?
a. What issue does the claim address?
b. Why is this question worth asking?
c. What is the researcher’s personal preference?
d. How does the claim respond to existing work?
Answer: c - How do the authors suggest handling evidence that contradicts your provisional claim?
a. Discard the evidence as outlier data
b. Reevaluate and revise the claim in light of new evidence
c. Ignore it to maintain narrative consistency
d. Limit the discussion of such evidence to footnotes
Answer: b - Booth, Colomb, and Williams use an analogy to explain the interplay of claim, evidence, and warrant. Which analogy do they invoke?
a. A courtroom trial
b. A building’s architectural blueprint
c. A recipe in cooking
d. A freight train’s coupling system
Answer: a
Research Methodology MCQ on (Session 2 reading 1/2) Edward L. Rubin, Law and the Methodology of Law, 1997 WIS. L. REV. 521 (1997).
- According to Rubin, what is the central distinguishing feature of “standard legal scholarship”?
a. Its exclusive reliance on formalist legal doctrines
b. Its prescriptive recommendations addressed to identifiable decision-makers
c. Its purely descriptive summaries of judicial decisions
d. Its empirical measurement of legal outcomes
Answer: b - Rubin argues that legal scholarship differs from natural science primarily because legal scholarship:
a. Relies on quantitative data rather than events
b. Adopts a prescriptive purpose rather than a descriptive one
c. Develops cumulative theories of causation
d. Uses laboratory experiments to test hypotheses
Answer: b - Which of the following does Rubin identify as a feature of “events” that distinguishes them from “data”?
a. Events are passively generated by academic disciplines
b. Events come to scholars fully defined by their human originators
c. Events’ significance is assigned solely by researchers
d. Events are always historical occurrences before interpretation
Answer: b - Rubin contends legal scholarship is more reactive than natural science because:
a. It generates its own sources of information internally
b. It sets its own research agenda without external influence
c. It responds to external events (legislation, court rulings) not generated by the discipline
d. It primarily conducts controlled experiments
Answer: c - Which characteristic of scientific knowledge does Rubin assert legal scholarship lacks?
a. Empirical testing of hypotheses
b. A unified theory of causality enabling cumulative progress
c. Use of statistical methods
d. Peer review
Answer: b - In comparing legal scholarship and literary criticism, Rubin emphasizes that literary critics:
a. Prescribe how novelists should write
b. Exhibit an I-Thou relationship of respect toward texts
c. Aim to change authors’ works through critique
d. Treat readers as the primary audience for prescriptions
Answer: b - Rubin uses Martin Buber’s terminology to contrast legal scholars’ stance (“I-It”) with literary critics’ stance (“I-Thou”). What does the “I-It” relationship imply?
a. Treating the subject matter as worthy of deep respect
b. Believing the subject can be improved by prescriptive argument
c. Emphasizing co-creation with authors
d. Rejecting normative claims altogether
Answer: b - When discussing moral philosophy, Rubin differentiates between categorical and contingent normativity. Legal scholarship, he argues, typically frames prescriptions:
a. Categorically, independent of any objective end
b. Contingently, aimed at achieving specific policy objectives
c. Exclusively in terms of moral purity
d. According to universal rational principles only
Answer: b - Rubin finds social science most valuable to legal scholarship because:
a. It shares law’s prescriptive normative stance
b. It provides descriptive models of external events and effects
c. It replaces the need for legal argumentation
d. It is inherently cumulative and autonomous
Answer: b - What “macro-micro problem” in social science does Rubin highlight as especially important for legal scholars?
a. Applying macroeconomic data to micro-level household decisions
b. Linking individual decision-maker behavior to institutional outcomes
c. Distinguishing between large-scale and small-scale legal texts
d. Separating descriptive and interpretive social theories
Answer: b - Rubin critiques Pierre Schlag’s postmodernist attack on legal scholarship for assuming:
a. Normative arguments lack intrinsic value and influence
b. Predictive social science can resolve normative debates
c. Judges actively seek out academic advice
d. Trial court decisions are fully autonomous
Answer: a - According to Rubin’s survey, which methodology have legal scholars most frequently “borrowed” to understand external phenomena?
a. Literary theory
b. Moral philosophy
c. Social science
d. Natural science
Answer: c - Rubin argues that treating law as an “autonomous discourse” fails because:
a. Judges and scholars share a unified, self-contained language
b. Legislators and administrators do not think or speak in purely legal terms
c. Legal doctrine is entirely self-verifying
d. Courts never use social policy in decision-making
Answer: b - In Rubin’s view, why is it inadequate for legal scholarship to focus solely on judicial decision-makers?
a. Judges produce no normative prescriptions
b. The modern legal system is primarily shaped by legislators and administrators
c. Judicial opinions no longer interpret statutes
d. Judges refuse to read law review articles
Answer: b - Rubin invokes Weber’s distinction between “value rationality” and “instrumental rationality” to show that legal scholarship:
a. Must adopt purely instrumental methods
b. Defines its own ends through normative debate and uses social science instrumentally
c. Rejects any normative foundations
d. Seeks to be value-neutral
Answer: b - Which of the following best captures Rubin’s prescription for interdisciplinary legal scholarship?
a. Seek other disciplines for methodologies, not subject matter
b. Use social science subject-matter expertise to model events and effects, while preserving law’s own prescriptive methods
c. Abandon legal discourse in favor of social science
d. Limit scholarship to doctrinal interpretation only
Answer: b - Rubin identifies “new institutionalism” and “new institutional economics” as promising social science developments because they:
a. Treat institutions as closed, self-regulating systems
b. Integrate individual decision-maker motivations with institutional structures
c. Eliminate normative considerations from analysis
d. Focus solely on historical legal texts
Answer: b - How does Rubin modify Bobbitt’s theory of discursive modalities regarding legal arguments?
a. He agrees only five modalities are valid, rejecting prudential argument
b. He clarifies that “prudential” arguments depend on social science methods external to traditional legal interpretation
c. He merges historical and doctrinal modalities into one
d. He adds a seventh modality based on natural science
Answer: b - According to Rubin, what role should legal scholars play in addressing the judiciary’s “autopoietic” tendencies?
a. Reinforce judges’ self-contained discourse
b. Facilitate scholars’ exclusive focus on doctrinal texts
c. Penetrate the judiciary’s closure by providing empirical, social science insights
d. Discourage any empirical research about courts
Answer: c - Ultimately, Rubin concludes that the methodology of standard legal scholarship is best characterized as:
a. An autonomous, cumulative doctrine completely independent of other fields
b. A closed system of interpretive modalities requiring no external input
c. A prescriptive, reactive practice that must integrate social science for understanding external events and effects
d. A purely theoretical enterprise devoid of practical concerns
Answer: c

Research Methodology MCQ on (Session 2 reading 2/2) Mathias Siems and Daithi Mac Sithigh, “Mapping Legal Research” 71 Cambridge Law Review (2012) [I, II]
- The authors distinguish three “ideal types” of legal research. Which of the following is not one of them?
a. Law as a practical discipline
b. Law as humanities
c. Law as social sciences
d. Law as natural sciences
Answer: d - Which characteristic best describes “law as a practical discipline”?
a. Emphasis on hermeneutic interpretation of legal texts
b. Normative critique and prescription to decision-makers
c. Application of legal principles in advising clients and drafting contracts
d. Statistical modeling of legal outcomes
Answer: c - “Law as humanities” most closely aligns with which research activity?
a. Empirical surveys of judicial behavior
b. Critical analysis of the language and history of statutes
c. Econometric modeling of regulatory effects
d. Fieldwork in judicial tribunals
Answer: b - The authors describe “law as social sciences” as research that:
a. Seeks solely descriptive summaries of case law
b. Employs empirical and theoretical methods of economics, sociology, and political science
c. Focuses on doctrinal critiques of judicial opinions
d. Relies exclusively on historical sources
Answer: b - In their survey of UK universities, Siems & Mac Síthigh find that law schools are most frequently located within:
a. Faculties of humanities alone
b. Faculties of social sciences alone
c. Standalone faculties of law or in joint humanities & social sciences units
d. Business schools exclusively
Answer: c - Which university “mission group” is most likely to house its law school within a faculty of business or management?
a. Russell Group
b. 1994 Group
c. University Alliance
d. Russell Group and 1994 Group equally
Answer: c - According to the AHRC/ESRC Joint Statement cited, the AHRC supports research into:
a. Empirical testing of legal rules only
b. Legal systems’ content, theory, philosophy, and history
c. Socio-legal studies of law’s social effects
d. Laboratory experiments in jurisprudence
Answer: b - The Socio-Legal Studies Association defines socio-legal research as covering:
a. Only descriptive historical analysis of laws
b. A range of theoretical perspectives and empirical methodologies on law’s social institution aspects
c. Strictly doctrinal analysis of statutes
d. Purely economic evaluations of legal rules
Answer: b - Cownie’s “academic tribes and territories” approach found that UK legal academics are split roughly how between “black-letter” law and other methods?
a. 10% black-letter, 90% socio-legal
b. 25% black-letter, 75% other methods
c. 50% black-letter, 50% other methods
d. 90% black-letter, 10% other methods
Answer: c - Ellickson’s statistical study of US law review articles found which trend between 1982 and 1996?
a. A dramatic decline in doctrinal analysis below 10%
b. A modest rise in law & economics alongside stable doctrinal work
c. Critical legal studies surpassing all other methods
d. Empirical methods dominating at 75% of articles
Answer: b - Tijssen’s analysis of Dutch law PhD theses revealed that empirical theses tend to:
a. Neglect methodological justification entirely
b. Better justify sources and methods than classical legal theses
c. Be more doctrinal and less empirical
d. Lack any justification for research questions
Answer: b - In a ternary plot representing research preferences, a point at the centre indicates:
a. Exclusive focus on law as social sciences
b. Exclusive focus on law as humanities
c. Exclusive focus on law as practical discipline
d. A mixed profile with no single approach exceeding 50%
Answer: d - Comparing the UK, US, and Germany, which system has moved furthest toward a social science model of legal research?
a. United Kingdom
b. United States
c. Germany
d. All three equally
Answer: b - German legal scholarship historically combined practical and humanities approaches partly due to:
a. The early reception of Roman law and continental university tradition
b. The dominance of law & economics from the 19th century
c. Post-modern critiques after 2000
d. Complete separation from legal practice
Answer: a - The “macro-micro problem” identified by Coleman and discussed by the authors concerns:
a. How to reduce law to pure doctrine
b. Explaining institutional outcomes from individual decision-maker behavior
c. Distinguishing legal history from jurisprudence
d. Avoiding any empirical research in law
Answer: b - Siems & Mac Síthigh argue that law’s dual openness (to inputs and outputs) makes it:
a. Equivalent to mathematics in autonomy
b. Self-contained with no need for social science
c. Dependent on social science to understand external events and measure effects
d. Completely prescriptive with no descriptive elements
Answer: c - A key consequence of law being housed in a faculty of social sciences is:
a. Automatic funding from the AHRC
b. Easier access to methodological support for empirical research
c. Exclusion from REF assessment
d. Prohibition of doctrinal research
Answer: b - The authors suggest one way to overcome disciplinary silos is to:
a. Return to exclusive black-letter law research
b. Create fixed, inflexible departmental boundaries
c. Develop flexible “specializations” grouped by method or subject matter
d. Abandon all empirical work
Answer: c - The AHRC/ESRC classification problem for law best illustrates that law is perceived as:
a. Entirely descriptive
b. Entirely prescriptive
c. Both a humanities discipline and a social science discipline
d. A branch of natural science
Answer: c - Ultimately, Siems & Mac Síthigh conclude that mapping legal research requires:
a. Clear separation of law from all other disciplines
b. Recognition of law’s plural identity as practical, humanities, and social science research
c. Exclusive focus on law & economics
d. Abandoning doctrinal scholarship entirely
Answer: b - What research objective do Siems and Mac Síthigh set out in the abstract of “Mapping Legal Research”?
(a) To evaluate the economic impact of legal scholarship in the UK
(b) To map the position of academic legal research using a three-part conceptual framework
(c) To develop a new theory of jurisprudence for civil law jurisdictions
(d) To critique the law-and-economics movement in the US
(Correct answer: (b)) - Which method did the authors employ at the “macro” level to gather data on UK law schools?
(a) Randomized controlled trial of faculty structures
(b) Collection of publicly available information on faculty and school organization across 99 universities
(c) Ethnographic interviews with heads of law schools
(d) Survey of students’ perceptions of law’s disciplinary affiliation
(Correct answer: (b)) - Which of the following is NOT one of the university mission groups used by Siems and Mac Síthigh to compare faculty structures?
(a) Russell Group
(b) 1994 Group
(c) University Alliance
(d) Ivy League
(Correct answer: (d)) - How did Siems and Mac Síthigh operationalize the micro-level research preferences of individual academics?
(a) By conducting regression discontinuity designs on publication lists
(b) By categorizing publication venues as “practice”, “humanities”, or “social science” and plotting them on a ternary diagram
(c) By counting the number of law-and-economics articles per scholar
(d) By auditing citation networks for interdisciplinary links
(Correct answer: (b)) - Which of the following is NOT cited by the authors as a potential benefit of integrating law schools into joined faculties?
(a) Cost savings through shared administration
(b) Fostered communication across disciplines
(c) Guaranteed higher REF research ratings for law scholars
(d) Opportunities for broader research training collaborations
(Correct answer: (c)) - Siems and Mac Síthigh find that 33% of UK law schools are either standalone or combined humanities-social science units. Which data source did they use for this finding?
(a) Interviews with Deans of Law
(b) The UCAS “university groups” classification
(c) Official university websites and structure charts
(d) AHRC/ESRC grant award records
(Correct answer: (c)) - Which of the following research design choices did the authors use to compare the UK, US, and Germany?
(a) Meta-analysis of empirical legal studies
(b) Statistical jurimetric analysis of case law
(c) Qualitative historical comparison of disciplinary evolution
(d) Random sampling of law syllabi
(Correct answer: (c)) - According to the authors, what did Fiona Cownie find about UK legal academics?
(a) They all identify primarily as black-letter doctrinalists
(b) About half describe themselves as black-letter lawyers, half as socio-legal or critical scholars
(c) They reject interdisciplinary collaboration in over 90% of cases
(d) They unanimously prefer the social sciences model over humanities
(Correct answer: (b)) - Which of the following is NOT a distinguishing feature of a ternary plot, as used by Siems and Mac Síthigh?
(a) Three corners represent 100% in one category
(b) Each point’s coordinates add up to 100%
(c) It requires three-dimensional visualization tools
(d) An inner triangle can denote mixed methods with no majority category
(Correct answer: (c)) - What do the authors find about the UCL law school’s early history?
(a) It introduced the first LL.B. degree in England in 1826
(b) It was immediately successful with over 100 graduates by 1830
(c) It initially granted more JDs than LLMs
(d) It merged humanities and law from its founding
(Correct answer: (a)) - According to Siems and Mac Síthigh, which statement correctly reflects the split of law schools into business faculties?
(a) The Russell Group has the highest share of law in business schools
(b) The 1994 Group never places law in business faculties
(c) University Alliance and Million+ show the greatest concentration of law in business faculties
(d) No UK law school is in a business faculty
(Correct answer: (c)) - Which of the following is NOT cited by the authors as a challenge created by the RAE/REF “unit of assessment” approach?
(a) Encouraging institutions to create REF-aligned academic units
(b) Splitting law into three separate departments
(c) Discouraging truly interdisciplinary centres of research
(d) Making law remain a single unit of assessment
(Correct answer: (b)) - Siems and Mac Síthigh compare American legal scholarship trends. Which of the following do they cite as dominant in the US?
(a) A majority of scholars favor legal hermeneutics over economics
(b) Law and economics and empirical legal studies have become predominant
(c) Critical legal studies remains the largest school of thought
(d) Law remains primarily a humanities discipline in elite US schools
(Correct answer: (b)) - Which of the following is NOT an analytical framework used by the authors at either the macro or micro level?
(a) Faculty structure mapping across universities
(b) Research council panel classifications (AHRC vs ESRC)
(c) Social network analysis of co-authorship
(d) Ternary plots of individual scholar preferences
(Correct answer: (c)) - How did the authors classify an institution that groups law with arts and humanities?
(a) As a business faculty
(b) As a single disciplinary school
(c) As a faculty of humanities (or joined humanities-social sciences)
(d) As “other” idiosyncratic structure
(Correct answer: (c))
Research Methodology MCQ on (Session 3 reading 1/2) Rajeev Dhavan, ‘Means, Motives, and Opportunities: Reflecting on Legal Research in India’, 50 Mod. L. Rev. 725 (1987).
- According to Rajeev Dhavan, which of the following is NOT one of the systemic constraints undermining Indian academic legal scholarship?
(a) Scarce library facilities and secretarial assistance
(b) Insufficient salaries and patronage-based hierarchies
(c) Overfunding by the Indian Council for Social Science Research (ICSSR)
(d) Dependence on government funds and Ford Foundation grants
(Correct answer: c) - How does Dhavan characterize the methodology of the Indian Law Institute (ILI) during its early years?
(a) Primarily doctrinal commentary on statutes
(b) In-house sociological jurisprudence and comparative constitutional research
(c) Exclusive emphasis on theoretical philosophy of law
(d) Quantitative jurimetric analysis of Supreme Court decisions
(Correct answer: b) - Which of the following is NOT an area where Dhavan identifies a gap in Indian legal research?
(a) Lower judiciary functioning and docket management
(b) Work on lawyers’ organizational practices and client service
(c) Interpretation of the Directive Principles of State Policy
(d) Empirical research on agrarian land-use change
(Correct answer: d) - What research design did M. Galanter employ to argue that traditional law had been “displaced” by modern law in India?
(a) Randomized controlled trial of panchayat outcomes
(b) Jurimetric analysis of case volumes and field interviews
(c) Historical–sociological comparison of institutional plurality
(d) Regression discontinuity on enactment dates of legal aid statutes
(Correct answer: c) - Which of the following is NOT cited by Dhavan as a key data source for Nick Robinson’s quantitative Supreme Court workload study?
(a) Consolidated Supreme Court statistics from the Court’s website
(b) Annual Reports of the Supreme Court of India
(c) Court News newsletter
(d) Internal monthly reports of the Supreme Court registry
(Correct answer: d) - How did George Gadbois Jr. measure the social backgrounds of Supreme Court judges?
(a) By conducting life-history interviews with justices
(b) By compiling demographic profiles from law school graduation lists
(c) By extracting biographical data from published obituaries
(d) By analyzing appointment records and caste data in judicial directories
(Correct answer: d) - Which of the following is NOT one of Dhavan’s critiques of the Law Commission’s role in India?
(a) Its narrow technical focus precludes broader normative debate
(b) It is overly influenced by retired judges and government agendas
(c) It systematically excludes private practitioners from its consultations
(d) It marginalizes alternative research initiatives on justice and equity
(Correct answer: c) - What analytical framework did Robert Lingat employ to explain classical dharmasastra authority?
(a) Positivist rule analysis of colonial code enactments
(b) Anthropological ethnography of village panchayats
(c) Comparative institutional analysis of normative authority
(d) Jurimetric time-series of citation frequencies
(Correct answer: c) - Which of the following is NOT one of Dhavan’s observations about American legal scholarship’s impact on India?
(a) Initial top-down instrumental model focusing on legislative “gaps”
(b) Later interdisciplinary emphasis on tradition–modernity dialectic
(c) Encouragement of Indian scholars to reject empirical methods
(d) Export of liberal pluralist frameworks to Indian civil society
(Correct answer: c) - How did Sudarshan operationalize the concept of judicial activism in his socio-political study of the Indian judiciary?
(a) Counting the number of times courts struck down legislation
(b) Interviewing litigants about perceived fairness of judgments
(c) Coding judicial opinions for references to “public interest” terms
(d) Comparative case studies of State versus Supreme Court interventions
(Correct answer: d) - Which research design did Ho and Rubin use as an example to illustrate matching and regression discontinuity?
(a) The effect of parking ordinances on parking behavior in New Haven
(b) The causal effect of prison security level on inmate misconduct
(c) The outcome differences between legal aid and self-representation
(d) The sentencing impact of the Criminal Amendment Act
(Correct answer: a) - Which of the following is NOT one of the five broad research areas Dhavan earmarks for constitutional scholarship?
(a) Preventive detention and due process
(b) Positive discrimination and backward classes
(c) Freedom of speech and the press
(d) Private property rights under Right to Privacy
(Correct answer: d) - How did Tanja Herklotz define the criteria for selecting feminist comparative studies in her review?
(a) Focus on legislative reform across Commonwealth jurisdictions
(b) Examination of women’s movements and personal law interactions
(c) Analysis of gendered jurisprudence in family law contexts
(d) Quantitative surveys of women’s legal literacy rates
(Correct answer: b) - Which of the following is NOT a methodological tip that King, Keohane, and Verba propose for research projects?
(a) Pose a question with real-world relevance and specific scholarly contribution
(b) Aim to replicate existing studies rather than introduce novel perspectives
(c) Prioritize clarity in research design over complexity of methods
(d) Embed projects within identifiable literatures for cumulative advances
(Correct answer: b) - Which research method did Krishnaswamy et al. criticize for lacking in Indian legal reform proposals?
(a) Comparative international case studies
(b) Systemic perspective and empirical evidence
(c) Theoretical frameworks derived from political philosophy
(d) Cost–benefit analysis of procedural changes
(Correct answer: b) - How did Baxi measure the correlation among different Rule of Law indicators?
(a) Through principal component analysis of survey items
(b) By conducting in-depth interviews with expert panels
(c) Using time-series regressions on global indexing data
(d) By mapping policy documents against institutional practices
(Correct answer: a) - Which of the following is NOT one of the three broad research ranges covered by Tanja Herklotz?
(a) Feminist jurisprudence in family law
(b) Comparative studies of women’s rights movements
(c) Grassroots gender-justice navigation of sociocultural norms
(d) Quantitative sentencing disparities in domestic violence cases
(Correct answer: d) - Which of the following design choices did Dhavan use to analyze the Supreme Court’s jurisprudential techniques?
(a) A socio-legal case study approach of thirty landmark judgments
(b) A randomized audit of judicial behavior in high courts
(c) A multi‐stage survey of practicing lawyers’ perceptions
(d) A network analysis of citation patterns among jurists
(Correct answer: a) - How did Jacobi and Schweers operationalize “interruptions” in their study of oral arguments at SCOTUS?
(a) Counting ellipses (…) in transcript text
(b) Tallying instances of “interruption” noted by court reporters
(c) Listening to audio recordings and marking each audible interruption
(d) Measuring incomplete sentence fragments in the transcript
(Correct answer: c) - Which of the following is NOT one of the key elements in Galanter’s model of the legal system as cited by Dhavan?
(a) Rules
(b) Courts
(c) Litigants
(d) Amicus curiae briefs
(Correct answer: d)
Research Methodology MCQ on (Session 3 reading 2/2) Krishnaswamy, Sudhir, Sindhu K Sivakumar, and Shishir Bail. “Legal and judicial reform in India: a call for systemic and empirical approaches.” Journal of National Law University Delhi 2, no. 1 (2014): 1-25.
- According to Krishnaswamy, Sivakumar & Bail, which of the following is NOT one of the three core failures of past judicial reform efforts in India?
(a) A singular focus on increasing the number of courts and judges
(b) Supply-driven measures unanchored to empirical analysis
(c) Comprehensive systemic redesign of case-management processes
(d) Lack of critical insight into causes of delay
(Correct answer: (c)) - How did the authors operationalize the problem of civil case “backlogs”?
(a) Average number of adjournments per case per court
(b) “Percentage decrease in pendency” from Court News quarterly data
(c) Proportion of cases older than five years from NCRB reports
(d) Ratio of judges to litigants from Law Commission data
(Correct answer: (b)) - Which design choice did Hazra & Micevska use to measure court congestion in lower courts?
(a) Regression discontinuity at judicial strength thresholds
(b) Cross-sectional comparison of institution and disposal rates for 1995–99
(c) Ethnographic observation of case listings in two districts
(d) Meta-analysis of published judgments from State High Courts
(Correct answer: (b)) - What did the authors find regarding settlement rates in Indian civil litigation?
(a) Over 70% of cases settle before trial, similar to Australia
(b) Settlement rates average only around 5% of instituted cases
(c) Settlement rates are higher in rural courts than urban courts
(d) Settlement rates are negligible only in family law disputes
(Correct answer: (b)) - Which of the following is NOT cited as an incentive that perpetuates low settlement rates?
(a) A continuous trial process that creates “outcome date certainty”
(b) Fee structures charging per hearing that reward adjournments
(c) Fragmented trial stages with frequent adjournments
(d) Lack of cost-sanctions for unreasonable behaviour under Section 35 of the CPC
(Correct answer: (a)) - How did the authors define “outcome date certainty”?
(a) Publishing court calendars one year in advance for litigants
(b) Continuous trial from first hearing to judgment without interruptions
(c) Setting a statutory deadline of six months for trial completion
(d) Guaranteeing written judgments within 30 days of closing arguments
(Correct answer: (b)) - Which of the following is NOT an ADR measure recommended by the authors to reduce court backlogs?
(a) Court-annexed mediation programs
(b) Expanded Lok Adalat tribunals
(c) Enhanced statutory arbitration notice periods
(d) Special fast-track commercial courts
(Correct answer: (c)) - What data source did the authors use to illustrate undertrial incarceration rates?
(a) Supreme Court Court News quarterly reports
(b) NSSO household crime victimization surveys
(c) National Crime Records Bureau Prison Statistics India (2001–10)
(d) Law Commission survey of undertrial bail applications
(Correct answer: (c)) - Which of the following is NOT identified as a normative objection to high undertrial incarceration?
(a) Violation of due process by imprisoning unconvicted persons
(b) Contamination risk from mixing with convicted prisoners
(c) Accrued legal fees due to repeated bail hearings
(d) Social stigma and lost years for innocent detainees
(Correct answer: (c)) - Which design choice was used to assess educational qualifications of undertrials?
(a) Regression analysis linking literacy to bail amounts
(b) Averaging NCRB-reported education categories (illiterate, <10th pass, ≥10th pass)
(c) Comparative interviews with undertrials in five prisons
(d) Stratified sampling of police arrest registers
(Correct answer: (b)) - What did the authors find about the offences for which undertrials are detained?
(a) Less than 5% of undertrials faced bailable offences
(b) Nearly 20% were accused of petty or non-serious bailable crimes
(c) Over half were detained for terrorism-related charges
(d) The largest category was narcotics offences at 35%
(Correct answer: (b)) - Which of the following is NOT suggested as a non-legislative reform to reduce undertrial numbers?
(a) Creation of publicly funded bail funds
(b) Mandatory personal bonds after six months’ detention
(c) Court training on proportional bail orders
(d) Enhanced court-annexed diversion programs
(Correct answer: (b)) - Which research gap did the authors identify regarding police data?
(a) Lack of annual publication on crime rates
(b) Absence of disaggregated data on police transfers by State
(c) No centralized repository for NCRB crime statistics
(d) Inconsistent reporting of custodial death investigations
(Correct answer: (b)) - How did the Supreme Court’s Prakash Singh directions aim to reform policing?
(a) By mandating use of non-lethal weapons for crowd control
(b) By separating law-and-order from investigation functions
(c) By requiring community policing committees at gram sabha level
(d) By introducing mandatory body-cameras for all officers
(Correct answer: (b)) - Which of the following is NOT a cause of failure of Prakash Singh implementation?
(a) Frequent transfers of subordinate judges
(b) Lukewarm state government responses
(c) Continued political interference in police postings
(d) Lack of judicial oversight committees at State level
(Correct answer: (d)) - According to the authors, which analytical framework is needed for legal reform?
(a) A doctrinal analysis of CPC and CrPC provisions only
(b) An empirical, systemic and normatively nuanced approach
(c) A philosophical critique of adversarial justice models
(d) A purely comparative study of Western criminal codes
(Correct answer: (b))
Research Methodology MCQ on (Session 4 reading 1/2) King Gary, Robert Keohane, and Sidney Verba. Designing Social Inquiry (Princeton University Press, 2021) Improving Research Questions pp.14 – 19
- According to Krishnaswamy, Sivakumar & Bail, which of the following is NOT cited as a key normative objection to high undertrial incarceration?
(a) Violation of due process rights of unconvicted persons
(b) Contamination risk from mixing with convicted prisoners
(c) Loss of litigant’s right to civil litigation
(d) Social stigma and lost years for detainees
(Correct answer: (c)) - How did the authors measure the educational status of undertrial prisoners?
(a) Surveys of prisoners in five major prisons
(b) Averaging NCRB–reported categories of literacy and schooling (<10th, ≥10th) over 2001–10
(c) Interviews with police arrest records
(d) Extrapolation from census literacy rates
(Correct answer: (b)) - Which of the following was NOT one of the methodological frameworks proposed for civil justice reform?
(a) Continuous trial to ensure “outcome date certainty”
(b) Cost-sanctions under Order 17, Rule 1(2) CPC for dilatory conduct
(c) Randomized Controlled Trials of new case-management software
(d) Court-annexed mediation to boost early settlements
(Correct answer: (c)) - Which research design choice did Robinson use in his Supreme Court workload study?
(a) Regression discontinuity at the 1992 procedural change
(b) Time-series analysis of institution, disposal and pendency data (1950–2010)
(c) Qualitative interviews with Supreme Court judges
(d) Ethnographic observation of daily cause lists
(Correct answer: (b)) - What did Hazra & Micevska find about congestion rates in Indian lower courts?
(a) They are lower than UK counterparts due to fewer adjournments
(b) Institution rates (1995–99) consistently exceed disposal rates
(c) Disposal rates exceed institution rates, causing under-use of courts
(d) Congestion is only significant in metropolitan cities
(Correct answer: (b)) - Which of the following is NOT cited by the authors as a perverse incentive in Indian civil litigation?
(a) Lawyers charging per hearing encourage adjournments
(b) Lack of fixed trial dates leads to uncertain outcome timing
(c) Mandatory pre-trial mediation under CPC Order 23A
(d) Minimal enforcement of cost-sanctions deters efficient conduct
(Correct answer: (c)) - How did the authors operationalize “continuous trial”?
(a) Statutory mandate of six-month trial completion
(b) Court’s obligation to hear from day-to-day once trial commences (Order 17, Rule 1 CPC)
(c) Daily cause list publication online
(d) Mandatory video hearings for all parties
(Correct answer: (b)) - According to Krishnan & Kumar, what average length of detention did most undertrials experience?
(a) Over five years
(b) Six months or less
(c) Between two and four years
(d) Between one and two years
(Correct answer: (b)) - Which design choice did the authors use to assess offence composition of undertrials?
(a) Regression analysis of bail amounts by offence
(b) NCRB classification of bailable vs. non-bailable offences averaged over 2001–10
(c) Survey of magistrates’ bail orders
(d) Content analysis of FIRs in five states
(Correct answer: (b)) - Which of the following is NOT proposed as a non-legislative reform to reduce undertrial numbers?
(a) Publicly funded bail funds
(b) Enhanced court-annexed diversion programs
(c) Mandatory judicial review of every undertrial’s detention after 90 days
(d) Training courts on proportional bail orders
(Correct answer: (c)) - What did the authors find about settlement culture in India compared to other Commonwealth countries?
(a) India’s settlement rate (~5%) is far lower than Australia’s (70%) or Ontario’s (90%)
(b) India’s settlement rate exceeds 80% due to mediation programs
(c) Settlement rates in India are identical to those in the UK
(d) Only commercial disputes settle early in India
(Correct answer: (a)) - Which causal-inference design did Ho & Rubin NOT use in their methodological example?
(a) Matching
(b) Regression discontinuity
(c) Difference-in-differences
(d) Instrumental variables
(Correct answer: (d)) - Which of the following is NOT cited as a key data-availability gap for Indian legal reform?
(a) Lack of district-level pendency and disposal statistics
(b) Unpublished Supreme Court judgments exceeding reported numbers
(c) No consolidated NCRB data on civil dispense
(d) Lack of machine-readable e-court data for statistical analysis
(Correct answer: (c)) - How did the authors measure “percentage change in pendency”?
(a) Ratio of judges-to-litigants over time
(b) Quarterly pendency change from Court News reports
(c) Year-on-year change in case duration from e-courts data
(d) Supreme Court’s annual bond forfeiture rates
(Correct answer: (b)) - Which of the following is NOT one of the systemic problems with legal system reform identified by Krishnaswamy et al.?
(a) Lack of systemic perspective
(b) Lack of empirical evidence
(c) Overreliance on traditional dispute resolution bodies
(d) Narrow supply-driven measures
(Correct answer: (c)) - According to Prakash Singh (Supreme Court directions), which measure addresses political interference in policing?
(a) Creation of State Security Commissions
(b) Court-annexed public interest bails
(c) Mandatory video recording of every arrest
(d) Centralized NCRB database integration
(Correct answer: (a)) - Which comparative perspective did the authors use to benchmark undertrial incarceration?
(a) Ratio to number of lawyers per district
(b) Prisoners per 100,000 population against global rates (31 vs. 144)
(c) Convict-to-undertrial ratio in the UK only
(d) Percentage of bail bonds executed
(Correct answer: (b)) - Which of the following is NOT offered as an analytical framework for future reform?
(a) Normatively nuanced empirical research
(b) Systemic incentive alignment across institutions
(c) Complete repeal of CPC and CrPC in favor of US Model Codes
(d) Continuous iterative evaluation based on granular data
(Correct answer: (c))
Research Methodology MCQ on (Session 4 reading 2/2) Lerner, Hanna. “Constitution‐writing in deeply divided societies: the incrementalist approach.” Nations and Nationalism 16, no. 1 (2010): 68-88.
- According to Lerner, which of the following is NOT a characteristic of a “deeply divided society”?
(a) Intense ideological schism over foundational state norms (Lerner)
(b) Conflicts reducible to resource allocation disputes (Lerner)
(c) Competing visions of national identity that cannot be compromised (Lerner)
(d) Disagreement that transcends ethnic group boundaries (Lerner)
(Correct answer: (b)) - How does Lerner define an “incrementalist” approach to constitution-making?
(a) Rapid enactment of a single revolutionary document
(b) Drafting a material constitution through judicial interpretation
(c) Deferring controversial foundational choices to future political institutions (Lerner)
(d) Centralising constituent power in a sovereign assembly
(Correct answer: (c)) - Which design choice did Lerner identify in Israel’s 1950 decision on a formal constitution?
(a) Immediate drafting by a secular commission
(b) Proceeding by popular referendum
(c) Postponing a written constitution in favour of Basic Laws (Lerner)
(d) Enshrining a Uniform Civil Code in the first Basic Law
(Correct answer: (c)) - What did Lerner find about Ireland’s 1922 constitution-making process?
(a) It resolved all sovereignty disputes through clear majoritarian votes
(b) It incorporated contradictory British and Irish claims in one document (Lerner)
(c) It deferred religious questions to local referenda
(d) It was drafted exclusively by a non-elected council
(Correct answer: (b)) - Which of the following is NOT one of the three incrementalist strategies Lerner describes?
(a) Ambiguous and vague legal language (Lerner)
(b) Clear-cut majoritarian decisions on all issues (Lerner)
(c) Avoidance of formal decisions on foundational questions (Lerner)
(d) Inclusion of contrasting provisions to reflect divisions (Lerner)
(Correct answer: (b)) - How did Lerner measure the success of incrementalist constitutions?
(a) By comparing amendment rates with global averages
(b) By assessing their durability and flexibility in deferring divisive issues (Lerner)
(c) By surveying citizen satisfaction with constitutional texts
(d) By counting the number of Basic Laws enacted
(Correct answer: (b)) - According to Lerner, which of the following is NOT a risk of the incrementalist approach?
(a) Over-rigidity of informal consociational arrangements (Lerner)
(b) Non-liberal infringement on individual rights (Lerner)
(c) Polarisation of inter-institutional relations (Lerner)
(d) Loss of all parliamentary authority to amend (Lerner)
(Correct answer: (d)) - What comparative methodology does Lerner employ to analyse constitution-making?
(a) Quantitative statistical analysis of amendment frequencies
(b) Case study comparison of India, Ireland and Israel (Lerner)
(c) Survey experiments in divided regions
(d) Large-N regression of democratization indexes
(Correct answer: (b)) - Which of the following is NOT cited by Lerner as a foundational issue in India’s constitution?
(a) Official status of Hindi (Lerner)
(b) Authority of religious courts (Lerner)
(c) Federal division of linguistic provinces (Lerner)
(d) Official recognition of French as national language (Lerner)
(Correct answer: (d)) - How did the Indian framers operationalize ambiguity on personal law?
(a) By placing Uniform Civil Code in non-justiciable Directive Principles (Lerner)
(b) By requiring Supreme Court approval for every marriage contract
(c) By outlawing all religious marriage ceremonies
(d) By enacting separate personal law codes for each region
(Correct answer: (a)) - Which research gap did Lerner identify in existing constitutional scholarship?
(a) Lack of focus on electoral systems
(b) Little attention to foundation–identity nexus in divided societies (Lerner)
(c) Overabundance of statistical data
(d) Neglect of postcommunist Europe only
(Correct answer: (b)) - According to Lerner, which design choice did Ireland’s framers NOT use?
(a) Inclusion of contradictory clauses on sovereignty (Lerner)
(b) Vague preamble blending nationalist and imperial language (Lerner)
(c) Explicit majoritarian override of British Treaty obligations (Lerner)
(d) Symbolic ambivalence to defer crystallization of national identity (Lerner)
(Correct answer: (c)) - What did Lerner find about the relationship between informal consociationalism and Basic Laws in Israel?
(a) Informal practices proved more rigid than formal Basic Laws (Lerner)
(b) Basic Laws quickly replaced informal arrangements
(c) Informal consensus had no impact on institutional design
(d) Basic Laws mandated separation of religion and state
(Correct answer: (a)) - Which of the following is NOT an analytical framework invoked by Lerner?
(a) Sieyè s’s constituent power theory (Lerner)
(b) Victoria’s secret incrementalist constitutionalism
(c) Habermas’s constitutional patriotism critique (Lerner)
(d) Consociational theory of power-sharing (Lijphart, cited by Lerner)
(Correct answer: (b)) - How did Lerner define “symbolic ambivalence”?
(a) Clear separation of religion and state
(b) Use of directly contradictory constitutional provisions to reflect divides (Lerner)
(c) Exclusion of any reference to national symbols
(d) Adoption of a single, unified religion as state creed
(Correct answer: (b)) - Which of the following is NOT one of the potential non-liberal consequences Lerner warns about?
(a) Restriction on women’s civil rights under personal law (Lerner)
(b) Difficulty enacting human rights provisions (Lerner)
(c) Universal suffrage being revoked (Lerner)
(d) Infringement of freedom from religion in public life (Lerner)
(Correct answer: (c)) - Which causal-inference or longitudinal design elements does Lerner rely on?
(a) Ethnographic fieldwork in tribunals
(b) Long-term historical analysis of constitutional evolution (Lerner)
(c) Regression of social stability indicators
(d) Experimental constitutional drafting simulations
(Correct answer: (b)) - According to Lerner, what role does “public consent” play in incrementalist constitutions?
(a) It is deemed unnecessary under consociational deals
(b) It is secured by representing the existing divided identity of ‘the people’ (Lerner)
(c) It replaces judicial review entirely
(d) It ensures all foundational issues are resolved by referendum
(Correct answer: (b))
Research Methodology MCQ on (Session 5 reading 1/1) Tanja Herklotz (2017), “Law, Religion and Gender Equality: Literature on the Indian personal law system from a women’s rights perspective”, Indian Law Review, Vol. 1 No. 3.
- According to Herklotz, which of the following is NOT one of the three broad strands of literature addressing the personal law system from a women’s rights perspective?
(a) Family law and jurisprudence from a feminist perspective
(b) Studies on comparative constitutional law across Commonwealth nations
(c) Legal anthropological studies on women navigating plurilegal systems
(d) Gender studies literature on women’s movement activism
(Correct answer: (b)) - How does Gopika Solanki define “shared adjudication” in the context of Indian family law?
(a) Complete state monopoly over family law matters
(b) The state sharing adjudicative authority with religious and societal actors
(c) Equal division of cases between secular and religious courts
(d) Joint hearings conducted by judges and religious clergy
(Correct answer: (b)) - Which analytical framework did Tschalaer employ to study Muslim women’s rights activism in Lucknow?
(a) Statistical analysis of court judgements over time
(b) Comparative case studies across three cities
(c) Ethnographic fieldwork focusing on three women’s organizations
(d) Survey research of women litigants
(Correct answer: (c)) - According to Herklotz, what did Basu find about family courts in Kolkata?
(a) They consistently prioritized women’s rights over marriage preservation
(b) Counsellors and judges often pushed for reconciliation over divorce
(c) They exclusively used formal legal procedures without mediation
(d) They showed no gender bias in their decision-making processes
(Correct answer: (b)) - Which of the following is NOT cited by Herklotz as a problematic aspect of the personal law system?
(a) Discriminatory provisions within the laws themselves
(b) Paternalistic attitudes in family courts
(c) Lack of trained female judges in higher courts
(d) Male-dominated religious clergy opposing reforms
(Correct answer: (c)) - How did Catherine MacKinnon operationalize her critique of Indian higher judiciary’s approach to personal laws?
(a) By analyzing statistical patterns in court decisions
(b) By examining whether courts grounded decisions on sex equality principles
(c) By conducting interviews with Supreme Court judges
(d) By comparing conviction rates across different personal law cases
(Correct answer: (b)) - Which research design choice did Vatuk use to study family courts and darul qazas?
(a) Randomized controlled trials of mediation processes
(b) Court observations and interviews in Chennai and Hyderabad
(c) Content analysis of published court judgements only
(d) Longitudinal tracking of individual case outcomes
(Correct answer: (b)) - According to Herklotz, what did Agnes find about the feminist critique of personal laws over time?
(a) It remained a minority perspective throughout the decades
(b) It gradually gained a foothold in mainstream discourse
(c) It was completely accepted by religious communities
(d) It focused exclusively on Muslim personal law
(Correct answer: (b)) - Which of the following is NOT mentioned by Herklotz as a reform approach suggested by feminist scholars?
(a) Implementation of a mandatory Uniform Civil Code
(b) Community-led small-scale legal reforms
(c) Establishment of gender-segregated family courts
(d) Optional sex-equal family law codes
(Correct answer: (c)) - How did Indira Jaising define the constitutional test that personal laws should meet?
(a) They must be approved by religious authorities
(b) They must not violate fundamental entitlements and provide exit options
(c) They must be gender-neutral in all provisions
(d) They must be uniform across all religious communities
(Correct answer: (b)) - What research gap does Herklotz identify in existing scholarship on personal laws?
(a) Lack of historical analysis
(b) Insufficient attention to feminist litigation and strategic legal activism
(c) Absence of comparative studies with other countries
(d) Limited focus on constitutional provisions
(Correct answer: (b)) - Which of the following is NOT cited as a data source used by legal anthropologists in Herklotz’s review?
(a) Court observations
(b) Interviews with women’s rights activists
(c) Government statistical databases on family law cases
(d) Interviews with litigants
(Correct answer: (c)) - How did the Indian women’s movement’s position on Uniform Civil Code change according to Herklotz?
(a) It remained consistently supportive throughout
(b) It shifted from strong advocacy to preferring small-scale reforms
(c) It moved from opposition to complete support
(d) It maintained neutrality on the issue
(Correct answer: (b)) - According to Herklotz, which design approach did Solanki use to argue that legal pluralism can ensure gender equality?
(a) Statistical correlation analysis between pluralism and gender outcomes
(b) Historical comparison of pre- and post-independence legal systems
(c) Analysis of women’s “forum shopping” strategies in Mumbai
(d) Cross-national comparison with other plurilegal systems
(Correct answer: (c)) - Which of the following is NOT identified by Herklotz as a methodological approach used in the three strands of literature?
(a) Feminist legal analysis of discriminatory provisions
(b) Ethnographic fieldwork in courts and communities
(c) Quantitative econometric modeling of legal outcomes
(d) Activism-informed research by scholar-practitioners
(Correct answer: (c)) - What did Tschalaer find about Muslim women’s organizations in her study?
(a) They explicitly identified as feminist organizations
(b) They functioned as “knowledge brokers” between different legal systems
(c) They focused exclusively on reforming Islamic law
(d) They opposed all forms of state intervention
(Correct answer: (b)) - Which analytical concept did Herklotz identify as central to Third World feminist approaches to personal law reform?
(a) Legal universalism
(b) Constitutional patriotism
(c) Intersectionality of gender and religion
(d) Secular legal positivism
(Correct answer: (c)) - According to Herklotz, what methodological limitation characterizes “mainstream” scholarship on personal laws?
(a) Overemphasis on gender dimensions
(b) Restriction to normative engagement without feminist analysis
(c) Exclusive focus on minority community laws
(d) Lack of historical contextualization
(Correct answer: (b)) - Which of the following is NOT mentioned as a concept applied by legal anthropologists to Indian personal laws?
(a) Legal pluralism
(b) Vernacularization
(c) Constitutional convergence
(d) Interlegality
(Correct answer: (c)) - What did Herklotz identify as the key research question underlying the literature review?
(a) How can India implement a Uniform Civil Code effectively?
(b) Which aspects of personal laws are problematic from a women’s rights perspective and how can they be reformed?
(c) Why do religious communities resist legal modernization?
(d) How does Indian family law compare with other postcolonial nations?
(Correct answer: (b))
Research Methodology MCQ on (Session 6 reading 1/1) Galanter, Marc. “Why the haves come out ahead: Speculations on the limits of legal change.” Law & Soc’y Rev. 9 (1974): 95.
- Which of the following is NOT one of the four elements Marc Galanter identifies as components of a legal system in “Why the ‘Haves’ Come Out Ahead” (1974)?
(a) RULES: the body of authoritative normative learning
(b) COURTS: the institutional facilities applying those rules to cases
(c) POLITICIANS: the groups who lobby for legislative change
(d) LAWYERS: the persons with specialized skill in applying rules
(Correct answer: (c)) - How does Galanter define a “Repeat Player” (RP) in his typology of parties?
(a) A claimant who enters litigation only once in a given relationship
(b) A party engaged in many similar litigations over time with low stakes per case and resources for long-run strategy
(c) A prosecutor who brings criminal charges on behalf of the state
(d) An organization that represents only indigent defendants
(Correct answer: (b)) - Which of the following is NOT one of the strategic advantages Galanter attributes to Repeat Players?
(a) Ability to structure transactions in advance
(b) Economies of scale in legal expertise
(c) Immunity from all procedural rules
(d) Capacity to play for rule-gain over a series of cases
(Correct answer: (c)) - How did Galanter operationalize the “One-Shotter” (OS)–Repeat Player (RP) distinction?
(a) By party’s preference for jury vs. bench trial
(b) By relative frequency of court recourse, stake size per case, and anticipation of similar future litigation
(c) By whether a party is represented pro bono or privately retained
(d) By the level of court (trial vs. appellate) in which the party appears
(Correct answer: (b)) - Which research design feature did Galanter employ to analyze the differential outcomes of litigation for OSs versus RPs?
(a) Large-N statistical regression of court outcomes
(b) Ethnographic fieldwork in a single courthouse
(c) Typological and speculative reasoning based on illustrative examples
(d) Quasi-experimental matching of litigant profiles
(Correct answer: (c)) - What did Galanter find about the impact of institutional passivity on case outcomes?
(a) It equalizes outcomes between sophisticated and unsophisticated parties
(b) It favors wealthier parties who can bear delay and costs
(c) It leads to consistent application of rules to all litigants
(d) It discourages bargaining in favor of trial
(Correct answer: (b)) - Which of the following is NOT cited by Galanter as a barrier to OSs seeking rule-change through litigation?
(a) High start-up costs
(b) Need to discount for delay and risk
(c) Immunity of appellate courts to new arguments
(d) Lack of long-run strategic interest
(Correct answer: (c)) - According to Galanter, which method did he NOT use to illustrate his typology of litigation configurations?
(a) Divorce cases as OS vs. OS
(b) Auto injury vs. insurance company as RP vs. OS
(c) Consumer complaints under administrative agencies as pure inaction
(d) Union-management bargaining as RP vs. RP
(Correct answer: (c)) - How did Galanter measure the “penetration” of rules at the field level?
(a) By the number of appellate opinions citing a rule
(b) By assessing the extent of effective application of peak-level rules under constraints of resources and comprehension
(c) By surveying judges on their attitudes
(d) By counting the number of settlements in a single year
(Correct answer: (b)) - Which of the following is NOT one of the four proposed reform strategies Galanter discusses?
(a) Rule-change
(b) Institutional expansion
(c) Reorganization of parties
(d) Mandatory pro se representation
(Correct answer: (d)) - According to Galanter, what design choice would most effectively equalize litigant power?
(a) Increasing appellate court review
(b) Expanding public legal services and attorneys-fee awards
(c) Restricting class actions
(d) Limiting trial de novo
(Correct answer: (b)) - What did Galanter find about “appended” dispute-settlement systems?
(a) They always mirror formal adjudication outcomes
(b) They are courts that specialize in constitutional law
(c) They negotiate outside the formal court but apply discounted official rules
(d) They are exclusive to criminal justice contexts
(Correct answer: (c)) - Which analytical framework did Galanter use to distinguish “appended” from “private” remedy systems?
(a) A continuum of third-party norm and sanction organization
(b) Quantitative econometric modeling of case flows
(c) Comparative historical analysis of civil law and common law jurisdictions
(d) Experimental methods in court observation
(Correct answer: (a)) - Which of the following is NOT one of Galanter’s hypothesized effects of institutional overload?
(a) Increased costs and delays for claimants
(b) Favorable docket priorities for affluent parties
(c) Elimination of all settlements in favor of trials
(d) Greater advantage to wealthier parties in enforcement
(Correct answer: (c)) - How did Galanter define “dualism” in the legal system?
(a) The separation of criminal and civil law
(b) Coexistence of universal “higher law” with variable field-level practices
(c) The binary coding of procedural rules
(d) The division between bench and jury trials
(Correct answer: (b)) - Which design question did Galanter pose about legal professional organization?
(a) Should all lawyers be government employees?
(b) Do B-type professions “capture” courts more effectively than A-type?
(c) Must lawyers be selected exclusively on academic merit?
(d) Should paralegals be prohibited from any trial participation?
(Correct answer: (b)) - What substantive research gap does Galanter identify?
(a) Comparative data on Supreme Court justices’ backgrounds
(b) Empirical study of how party type affects litigation outcomes
(c) Ethnographies of small claims courts
(d) Statistical models of contract negotiation
(Correct answer: (b)) - Which of the following is NOT one of the passive features of courts in Galanter’s analysis?
(a) Reactive rather than proactive case management
(b) Dependence on parties to present cases fully
(c) Mandatory mediation before trial
(d) Absence of systematic enforcement monitoring
(Correct answer: (c)) - According to Galanter, which reform is most likely to broaden access to “have-nots”?
(a) Expanded public legal services
(b) Increased juror pay
(c) Reduced judicial salaries
(d) Prohibiting contingent fees
(Correct answer: (a)) - What did Galanter conclude about litigation as a redistributive mechanism?
(a) It alone can overturn systemic inequalities
(b) It must be combined with organization, services, and institutional change to be effective
(c) It is always counterproductive for “have-nots”
(d) It is irrelevant to rule-making processes
(Correct answer: (b))
Research Methodology MCQ on (Session 7 reading 1/2) Robinson, N. (2013). A Quantitative Analysis of the Indian Supreme Court’s Workload. Journal of Empirical Legal Studies, 10(3), 570-601.
- According to Nick Robinson (2013), which of the following is NOT one of the five sources of docket data for the Indian Supreme Court?
(a) Public Annual Reports (2005–2009)
(b) Court News quarterly bulletins (2006–2011)
(c) Monthly unregistered annexure ledgers (1971–2011)
(d) Internal monthly and annual statements (1993–2011)
(Correct answer: (c)) - Which of the following is NOT a challenge Robinson identifies in analyzing Supreme Court workload data?
(a) Double counting of unregistered matters
(b) Contradictory tallies between annual reports and statements
(c) Missing data on out-of-court settlements
(d) Lack of internet access for remote researchers
(Correct answer: (d)) - How did Robinson operationalize an “admission matter” in his analysis?
(a) A case that has cleared procedural defects and is filed as an appeal or petition category
(b) Any letter sent to the registrar’s office regardless of defect status
(c) Only matters accepted by a judge on the admission day
(d) Cases referred from the Attorney General’s office
(Correct answer: (a)) - Robinson found that “unregistered matters” were counted twice in admission statistics. Which of the following best describes his finding?
(a) They are first logged, then archived, and then logged again post-judgment
(b) They appear once as unregistered and again once cured and registered
(c) They are counted under both civil and criminal subject categories
(d) They are tallied by both the Chief Justice and the registrar
(Correct answer: (b)) - According to Robinson, which of the following design choices did the Supreme Court make in 1993 that affected backlog counts?
(a) Shifting from five-judge benches to two-judge benches
(b) Counting a clubbed file of cases as a single admission matter
(c) Excluding public interest litigations from pendency figures
(d) Doubling the number of annual report pages
(Correct answer: (b)) - What did Robinson find about the growth rate of Supreme Court regular hearing matters compared to lower courts (2005–2011)?
(a) Supreme Court growth was slower than lower courts’ disposals
(b) Supreme Court regular hearings grew by 74.5%, outpacing lower court disposals (7.8%)
(c) Supreme Court regular hearings and lower courts stayed flat
(d) Lower courts grew at 100% rate, double the Supreme Court’s rate
(Correct answer: (b)) - Which research gap does Robinson highlight regarding Indian judicial data?
(a) Lack of judges’ salary information
(b) Insufficient data on out-of-court settlements and uncontested matters
(c) Absence of electronic filing systems
(d) No information on judicial elections
(Correct answer: (b)) - How did Robinson measure backlog “years to clear” for regular hearing matters?
(a) Dividing pendency by average annual interest rates
(b) Dividing number of pending matters by number of disposals in that year
(c) Multiplying the year’s institution count by average hearing time
(d) Tracking the date each individual file was closed
(Correct answer: (b)) - Which of the following is NOT a petition type Robinson analyzes?
(a) Special Leave Petitions (SLPs)
(b) Writ Petitions under Article 32
(c) Suo motu bench invitations
(d) Certified Appeals
(Correct answer: (c)) - Robinson’s analysis of origin of appeals found a correlation between appeal rate and which of the following (approximately)?
(a) Literacy rates of state
(b) Distance from Delhi and GNP per capita of the appellating high court’s state
(c) Number of registered lawyers per high court
(d) Age of the high court building
(Correct answer: (b)) - Which of the following is NOT a methodological limitation Robinson cites for pre-1993 data?
(a) Unavailability of separate unregistered matter counts by year
(b) Inconsistent subject-matter categorization
(c) Unpublished internal tribunal data
(d) Mislabeling of contempt petitions as civil appeals
(Correct answer: (d)) - How did Robinson operationalize “public interest litigation” (PIL) matters?
(a) Any case involving environmental statutes
(b) Letter petitions that met the Court’s guidelines and were converted into formal matters
(c) Only cases brought by NGOs registered with the Supreme Court
(d) Criminal prosecutions initiated by the Attorney General
(Correct answer: (b)) - What design choice in Robinson’s study allows comparison of admission acceptance by subject category?
(a) Averaging data across 2005–2011 to minimize annual volatility
(b) Sampling only high-value tax cases
(c) Random assignment of cases to categories
(d) Including only writ petitions in subject breakdown
(Correct answer: (a)) - According to Robinson, which subject categories had above-average Supreme Court acceptance rates?
(a) Family law and consumer protection
(b) Direct and indirect tax, company law, and arbitration
(c) Rent Act and personal law matters
(d) Compensation and election petitions
(Correct answer: (b)) - Robinson found that which of the following petition types had declined most sharply as a share of the admission docket (1993–2011)?
(a) Special Leave Petitions (SLPs)
(b) Writ Petitions under Article 32
(c) Contempt Petitions
(d) Review Petitions
(Correct answer: (b)) - Which research design element does Robinson employ to illustrate trends in reported judgments?
(a) Cross-national regression on case outcome
(b) Comparing disposals to reported cases on Judis and Indian Kanoon over decades
(c) Randomized survey of litigants’ satisfaction
(d) Prospective cohort study of new Supreme Court litigiants
(Correct answer: (b)) - Which of the following is NOT one of Robinson’s substantive findings about jurisprudence?
(a) Decline in publication rate of regular hearing disposals in the 1980s
(b) Surge in writ petitions under Article 32 during the 1980s emergency period
(c) Public interest litigation made up 25% of the Supreme Court’s docket in 2010
(d) Criminal and service cases dominate regular hearing disposals
(Correct answer: (c)) - What did Robinson conclude about the Supreme Court’s data disclosure?
(a) The Court’s public website offers comprehensive case-level data
(b) Data gaps and anomalies hinder scholarly and public understanding of Court workload
(c) The Court publishes full monthly datasets on request without limit
(d) Annual reports include detailed analyses of unregistered matters
(Correct answer: (b)) - Which causal inference design does Robinson suggest could test whether proximity to Delhi affects appeal rates?
(a) Difference-in-differences comparing high courts before and after infrastructure improvements
(b) Randomized assignment of litigants to high courts
(c) Laboratory experiment on decision-making
(d) Single-case time-series analysis of one high court
(Correct answer: (a)) - Robinson draws on comparative methodology when he:
(a) Surveys litigants in Canada as a control group
(b) Compares Indian Supreme Court backlog growth to that of U.S. courts
(c) Adopts a standardized questionnaire for litigant interviews
(d) Uses French civil law data as a benchmark
(Correct answer: (b))
Research Methodology MCQ on (Session 7 reading 2/2) Rape adjudication in India in the aftermath of Criminal Law Amendment Act, 2013: findings from trial courts of Delhi, Indian Law Review, DOI: 10.1080/24730580.2020.1768774.
1. According to Dash, which of the following is NOT cited as a reason for the reduced conviction rates under the CLA-2013?
(a) Removal of judicial discretion for sentencing
(b) Increased reliance on medical evidence
(c) Failure to engage with literature on mandatory minimum punishments
(d) Absence of social and governance reform alongside legal reform
(Correct answer: (b))
2. What was the main research objective of Dash’s paper?
(a) To critique the Indian Penal Code’s definition of rape
(b) To examine the impact of CLA 2013 on rape adjudication by analyzing 1635 Delhi trial court judgments
(c) To propose amendments to the Verma Committee recommendations
(d) To compare rape laws across South Asian countries
(Correct answer: (b))
3. How did Dash operationalize her empirical study of rape adjudication?
(a) Randomized surveys of survivors
(b) Analysis of 1635 trial court judgments from Delhi between 2013 and 2018, using targeted keyword searches and public databases
(c) Observation of trial court judges
(d) Statistical regression on NCRB conviction rates
(Correct answer: (b))
4. Which of the following is NOT a major data source cited by Dash for gathering trial court judgments?
(a) indiankanoon.org
(b) Official Delhi trial court websites
(c) RTI responses from courts
(d) Keyword searches for relevant terms like “rape” and “CLA 2013”
(Correct answer: (c))
5. How did Dash define and measure conviction rates under the old law versus CLA 2013?
(a) Number of appeals per year
(b) Percentage of cases resulting in convictions out of total adjudicated cases under each law
(c) Ratio of police FIR registrations to judgments
(d) Median sentence length imposed by courts
(Correct answer: (b))
6. Which reason for acquittal was most common in both old and new legislative regimes, as found by Dash?
(a) Prosecutrix turning hostile
(b) Inconsistent medical reports
(c) Lack of police resources
(d) Absence of expert testimony
(Correct answer: (a))
7. Which of the following is NOT a finding relating to “promise to marry” cases identified by Dash?
(a) They make up a significant proportion of reported rape cases
(b) They have higher conviction rates compared to stranger rape cases
(c) Most result in acquittals, often because the prosecutrix turns hostile or marries the accused
(d) The social context reflects patriarchal notions about marriage and sexuality
(Correct answer: (b))
8. How did Dash analyze the treatment of non-peno-vaginal rapes under CLA-2013?
(a) By tracking the number and outcome of cases involving non-peno-vaginal offences as a subset of adjudicated cases
(b) Through surveys of police officers
(c) By comparing NCRB statistics across states
(d) By monitoring media coverage of such cases
(Correct answer: (a))
9. Which of the following methodological limitations did Dash NOT identify in her dataset?
(a) Incomplete sentencing orders in online records
(b) Exclusion of POCSO cases to focus on adult women
(c) Exhaustive sampling of all judgments from Delhi courts
(d) Possible omission of judgments not published online
(Correct answer: (c))
10. According to Dash’s comparative review, what does existing global literature indicate about mandatory minimum punishments?
(a) They usually increase conviction rates
(b) They seldom yield desired results and often lower convictions
(c) They have no effect on judicial reasoning
(d) They always deter future crime
(Correct answer: (b))
11. What does Dash argue about the relationship between legal reform and social outcomes in rape adjudication?
(a) Legal reform alone brings rapid change
(b) Reform must be coupled with institutional and social change to be effective
(c) Judicial independence has no effect on outcomes
(d) Prosecution rates are unaffected by social context
(Correct answer: (b))
12. Which of the following is NOT a feature of the expanded definition of rape under CLA-2013?
(a) Inclusion of non-peno-vaginal penetration
(b) Inclusion of penetration with objects or fingers
(c) Mandatory minimum of seven years for any penetrative act
(d) Recognition of marital rape as an offence
(Correct answer: (d))
13. How did Dash characterize the problematic impact of mandatory minimum sentencing on judges?
(a) It forced judges to convict in all cases
(b) It led judges to acquit in cases they felt were not “serious” because they could not impose a lower sentence
(c) It improved consistency across sentencing
(d) It had no effect on judge discretion
(Correct answer: (b))
14. What substantive research gap does Dash highlight in feminist engagement with the Verma Committee?
(a) Insufficient analysis of appropriate punishment and grading of offences
(b) Overemphasis on carceral solutions
(c) Lack of attention to police training
(d) Absence of comparative constitutional perspectives
(Correct answer: (a))
15. Which of the following is NOT mentioned as a common reason courts deemed prosecutrix testimony unreliable?
(a) Delay in registering complaint
(b) Inconsistencies in statements
(c) Failure to disclose details to others
(d) High level of forensic expertise among the prosecutrix
(Correct answer: (d))
16. What proportion of non-peno-vaginal rape cases under CLA-2013 resulted in convictions, as found by Dash?
(a) More than 50%
(b) About 25%
(c) 10%, with most convictions coupled with peno-vaginal offences
(d) 100%
(Correct answer: (c))
17. Which design choice does Dash use to trace social attitudes in legal adjudication?
(a) Regression analysis on caste groups
(b) Qualitative thematic analysis of judicial reasoning in judgments
(c) Interviews with survivors and police officers
(d) Surveys of forensic experts
(Correct answer: (b))
18. Which comparative methodology did Dash refer to in arguing that punitive law reform alone fails to change rape adjudication outcomes?
(a) Statistical modeling across all Indian states
(b) Longitudinal comparison of conviction and acquittal patterns under old law and CLA-2013 in Delhi
(c) Random assignment of judges to cases
(d) Meta-analysis of NCRB crime data
(Correct answer: (b))
19. Which is NOT offered by Dash as a recommendation for future feminist legal reform strategies?
(a) Creating a nuanced, graded system of punishment
(b) Focusing only on harsher carceral measures
(c) Engaging with realities of criminal justice system’s disparate impact
(d) Developing alternative, survivor-centric discourses
(Correct answer: (b))
20. According to Dash, what does the case of Mahmood Farooqui reveal about legal and feminist attitudes to expanded rape definitions?
(a) Consensus that all forms of rape should receive equal punishment
(b) Deep divisions among feminist groups about appropriate punishment for non-peno-vaginal offences
(c) Successful eradication of patriarchal stereotypes
(d) Unquestioned judicial enforcement of mandatory minimums
(Correct answer: (b))
Research Methodology MCQ on (Session 8/9 reading 1/2) Versteeg, Mila, and Tom Ginsburg. “Measuring the rule of law: a comparison of indicators.” Law & Social Inquiry 42, no. 1 (2017): 100-137.
1. According to Versteeg and Ginsburg, which of the following is NOT a primary RoL indicator compared in their article?
(a) World Bank’s World Governance Indicators (WGI)
(b) Bertelsmann Foundation’s RoL Index
(c) Heritage Foundation’s Index
(d) World Justice Project’s Rule of Law Index (WJP)
(Correct answer: (b))
2. How do Versteeg and Ginsburg define the principal challenge in measuring the Rule of Law?
(a) Lack of expert coders worldwide
(b) Conceptualization at a high level of abstraction without consensus in theoretical literature
(c) Absence of government data
(d) Inflexibility of international aid donors
(Correct answer: (b))
3. Which research objective drives Versteeg and Ginsburg’s empirical comparison of RoL indicators?
(a) To verify the validity of human rights indices
(b) To compare four major RoL indicators and examine why they are highly correlated despite different conceptualizations and methodologies
(c) To measure economic freedom across countries
(d) To propose a single universal definition for the Rule of Law
(Correct answer: (b))
4. Which of the following is NOT a component of Lon Fuller’s “thin” definition of Rule of Law as cited by Versteeg and Ginsburg?
(a) Generality
(b) Publicity
(c) Equality
(d) Stability
(Correct answer: (c))
5. What did the authors find about the correlation between WJP, WGI, and Heritage Foundation RoL indicators?
(a) They are weakly correlated
(b) They are almost identical, with pairwise correlations above 0.95
(c) They have no statistical relationship
(d) They only correlate for Commonwealth countries
(Correct answer: (b))
6. Which approach does the World Justice Project (WJP) use to operationalize its RoL index?
(a) Only expert country coding
(b) Aggregate of commercial business ratings
(c) Expert assessments plus nationally representative population surveys
(d) Manual case-law review
(Correct answer: (c))
7. Which of the following is NOT a critique that Versteeg and Ginsburg make of current RoL measurement strategies?
(a) Overreliance on expert perceptions
(b) Information constraints driving similarity across indicators
(c) Excessive focus on GDP per capita
(d) Lack of link to the underlying normative concept
(Correct answer: (c))
8. How does the Heritage Foundation’s RoL index primarily measure “freedom from corruption”?
(a) Based on direct observations in each country
(b) Through Transparency International’s Corruption Perceptions Index
(c) Through crime statistics reported by Interpol
(d) Through surveys of elected officials
(Correct answer: (b))
9. According to the authors, which of the following is NOT a feature of Freedom House’s rule of law measurement?
(a) Emphasis on judicial independence
(b) Focus on human rights and civil liberties
(c) Inclusion of property rights and contract enforcement
(d) Use of expert country analysis
(Correct answer: (c))
10. Versteeg and Ginsburg find that which neighboring concept is almost indistinguishable from RoL indicators in empirical analysis?
(a) Democracy
(b) Corruption
(c) Judicial independence
(d) Human rights
(Correct answer: (b))
11. How did the authors measure the degree of overlap among the four RoL indicators?
(a) Case study analysis
(b) Principal component factor analysis explaining 92% of variation in the indices
(c) Structured interviews with experts
(d) Randomized field trials
(Correct answer: (b))
12. What substantive value is built into the Heritage Foundation’s RoL index but NOT Freedom House’s?
(a) Judicial independence
(b) Protection of private property rights
(c) Equality
(d) Fundamental rights
(Correct answer: (b))
13. Which research gap do Versteeg and Ginsburg highlight in the literature on rule of law indicators?
(a) Lack of cross-national democracy indicators
(b) Little attention paid to expert-population perception differences
(c) Universal agreement on the definition of RoL
(d) Scarcity of data on government impartiality
(Correct answer: (b))
14. Which of the following is NOT one of the data sources WGI uses to assess Rule of Law?
(a) Household and firm surveys
(b) Media reports from BBC and CNN
(c) NGO datasets such as Global Integrity
(d) Commercial business information providers
(Correct answer: (b))
15. How do Versteeg and Ginsburg address causal inference in their comparative analysis of RoL indicators?
(a) They employ regression discontinuity and difference-in-differences methods
(b) They primarily use correlation and principal component analysis
(c) They use laboratory experiments in select countries
(d) They benchmark against random population sampling
(Correct answer: (b))
16. According to Rothstein (as cited by the authors), what higher-order concept may subsume both RoL and corruption indicators?
(a) Administrative efficiency
(b) Government impartiality
(c) Rule by law
(d) Judicial activism
(Correct answer: (b))
17. Which of the following is NOT one of the methodological distinctions between WJP and other RoL indicators?
(a) WJP includes population surveys in addition to expert assessment
(b) WJP disaggregates rule of law into nine categories and 47 subdimensions
(c) WJP is based solely on economic growth data
(d) WJP surveys both experts and general population
(Correct answer: (c))
18. How do the authors find the relationship between Rule of Law and GDP per capita?
(a) Strong positive correlation, especially for WJP and WGI
(b) Negative correlation
(c) No meaningful relationship
(d) Exclusively relevant for developing countries
(Correct answer: (a))
19. Which design choice do the authors use to explore measurement strategy effects?
(a) Comparing expert vs. population survey scores in WJP data
(b) Year-on-year benchmarking of Freedom House’s methodology
(c) Cross-sectional comparison of GDP per capita
(d) Content analysis of UN treaties
(Correct answer: (a))
20. According to the authors, which of the following is NOT primarily responsible for the convergence of RoL indicators?
(a) Measurement strategy and expert perception
(b) Cross-referencing information sources and possible path dependency
(c) Universal adoption of Lon Fuller’s criteria in all indicators
(d) Conceptual differences fading out at the measurement stage
(Correct answer: (c))
Research Methodology MCQ on (Session 10/12 reading 1/4) Mrinal Satish, Plea Bargaining in India, in Research Handbook on Plea Bargaining and Criminal Justice (Maximo Langer, Mike McConville, Luke eds., Edward Elgar Publishing, 2024).
- According to Satish, which of the following was NOT a historical obstacle to plea bargaining in India pre-2006?
(a) Absence of statutory provision in the Cr.P.C.
(b) Supreme Court rulings deprecating informal plea deals
(c) Widespread police training on formal plea negotiation
(d) Lack of legislative committee recommendations before 1991
(Correct answer: (c)) - What research objective does Satish articulate in his chapter on plea bargaining?
(a) To compare Indian plea bargaining with English practice
(b) To assess the impact of the 2006 Cr.P.C. amendment and examine its disproportionate effects on marginalized groups
(c) To propose a new theory of criminal sentencing
(d) To analyze media portrayals of plea bargaining
(Correct answer: (b)) - How did Satish define “sentence bargaining” in contrast to “charge bargaining”?
(a) Negotiation over probation versus prison terms
(b) Assurance of reduced sentence in exchange for guilty plea, whereas charge bargaining reduces or drops charges
(c) Agreement to testify for the prosecution
(d) Judicial pardon in return for information
(Correct answer: (b)) - Which of the following is NOT a data source Satish used to discuss plea bargaining’s introduction?
(a) Nineteenth-century Cr.P.C. texts
(b) Law Commission of India reports
(c) Parliamentary debate transcripts
(d) Supreme Court judgments pre-2006
(Correct answer: (a)) - Which of the following is NOT an exclusion Satish notes in the 2006 Cr.P.C. plea bargaining chapter?
(a) Offences punishable by death
(b) Offences against women and children under 14
(c) Offences punishable by more than seven years’ imprisonment
(d) Offences under the Narcotic Drugs and Psychotropic Substances Act
(Correct answer: (d)) - How did Satish measure the “success” of plea bargaining in the United States as perceived by Indian reformers?
(a) By reviewing conviction statistics showing 75–90% convictions through plea bargains
(b) By interviewing U.S. prosecutors
(c) By analyzing U.S. prison occupancy rates
(d) By examining jury acquittal rates
(Correct answer: (a)) - Which Supreme Court objection to plea bargaining does Satish NOT discuss?
(a) It violates Article 21’s due process
(b) It undermines public policy by turning courts into brokers
(c) It encourages false confessions under custody pressure
(d) It improves trial speed
(Correct answer: (d)) - What research method does Satish primarily employ in his chapter?
(a) Quantitative regression on sentencing lengths
(b) Historical–legal analysis of statutes, committee reports, and appellate decisions
(c) Ethnographic interviewing of defense attorneys
(d) Experimental courtroom simulations
(Correct answer: (b)) - Which of the following is NOT one of the Law Commission’s rationales for introducing plea bargaining?
(a) Reducing pendency of trials
(b) Increasing conviction rates
(c) Enhancing police investigative powers
(d) Reducing prison overcrowding
(Correct answer: (c)) - What did Satish find about the uptake of statutory plea bargaining in India?
(a) It was adopted in over 50% of criminal cases by 2010
(b) Only a negligible fraction of arrests—0.005% in 2021—used plea bargaining
(c) It was mandatory for minor offences
(d) It replaced compounding of offences entirely
(Correct answer: (b)) - Which design choice in Indian plea bargaining does Satish criticize as violating fair trial norms?
(a) Conducting bargaining in camera
(b) Barring appeals except to the Supreme Court
(c) Requiring written applications
(d) Allowing victim consultation
(Correct answer: (b)) - How did the Justice Malimath Committee describe plea bargaining’s utility?
(a) As unconstitutional under Indian law
(b) As a tool for immediate case disposal, reducing convictions and court backlog
(c) As peripheral and rarely used
(d) As a method to increase judicial discretion
(Correct answer: (b)) - According to Satish, which feature of India’s bail system exacerbates plea bargaining’s disparate impact?
(a) Uniform bail eligibility for all offences
(b) Denial of bail to poorer defendants lacking legal counsel
(c) Automatic bail in non-bailable offences
(d) Judicial review of bail orders
(Correct answer: (b)) - Which of the following did Satish identify as a potential consequence of plea bargaining on marginalized groups?
(a) Higher rates of expungement
(b) Increased surveillance and collateral employment barriers after conviction
(c) Reduced legal aid funding
(d) Abolition of jury trials
(Correct answer: (b)) - Which of the following is NOT a procedural safeguard Satish notes was included in the Cr.P.C. plea bargaining chapter?
(a) Excluding prior convictions from bargaining eligibility
(b) Prohibiting use of bargaining application statements in trial
(c) Mandating victim’s written consent
(d) Conducting initial accused examination in camera
(Correct answer: (c)) - What did Satish observe about the offences most often plea bargained in NCRB data?
(a) Serious violent crimes
(b) Petty non-violent offences like causing hurt under section 323 IPC
(c) Terrorism-related offences
(d) White-collar fraud
(Correct answer: (b)) - Which comparative perspective does Satish invoke to critique Indian plea bargaining?
(a) Japanese consensus conferencing
(b) Canadian rejection after prior reports
(c) South African restorative justice models
(d) Nigerian Sharia courts
(Correct answer: (b)) - Which research gap does Satish highlight in the literature on Indian plea bargaining?
(a) Lack of quantitative sentencing data across states
(b) Absence of analysis on disproportionate impact on marginalized defendants
(c) Non-existence of any committee reports
(d) No critique of Supreme Court rulings
(Correct answer: (b)) - What did Satish argue about the relationship between plea bargaining and India’s overcrowded prisons?
(a) It exacerbated overcrowding
(b) It aimed to reduce prison populations but remains underused
(c) It only applied to high-security prisons
(d) It mandated community service instead of imprisonment
(Correct answer: (b)) - Which design choice did the Menon Committee recommend regarding plea bargaining?
(a) Limiting it to high-value economic offences
(b) Integration into the mainstream criminal process rather than auxiliary status
(c) Transfer of all bargaining to private mediators
(d) Permanent immunity from prosecution upon plea
(Correct answer: (b))
Research Methodology MCQ on (Session 10/12 reading 2/4) Minow, Martha. “Archetypal legal scholarship: A field guide.” J. Legal Educ. 63 (2013): 65.
1. According to Martha Minow, which of the following is NOT one of the main archetypes of legal scholarship discussed in her field guide?
(a) Doctrinal restatement
(b) Policy analysis
(c) Judicial biography
(d) Critical projects
(Correct answer: (c))
2. How does Minow define the doctrinal restatement archetype?
(a) Presenting new constitutional theories about justice
(b) Organizing case law into coherent categories and elements, distinguishing settled and emerging law
(c) Reviewing only statutory law without case references
(d) Speculating about future technology’s impact on law
(Correct answer: (b))
3. Which of the following is NOT a key feature identified by Minow in recasting projects?
(a) Gathering cases across doctrinal fields
(b) Exposing unjustified discrepancies between lines of cases
(c) Introducing entirely new fields unrelated to law
(d) Offering a new framework that recognizes past, present, and future material
(Correct answer: (c))
4. Which methodological step does Minow associate with policy analysis scholarship?
(a) Randomized trial of judicial decisions
(b) Presenting a problem, canvassing alternatives, proposing evaluative scheme, and recommending a solution
(c) Only summarizing existing legal scholarship
(d) Avoiding all recommendations
(Correct answer: (b))
5. According to Minow, what distinguishes the “critical projects” archetype from doctrinal work?
(a) Exposes unstated assumptions and internal inconsistencies within a body of law
(b) Focuses solely on legislative reform
(c) Prioritizes economic outcomes
(d) Limits analysis to majority judgments only
(Correct answer: (a))
6. Which of the following is NOT mentioned by Minow as a source or example for the “study and assess legal institutions” archetype?
(a) Marc Galanter’s “Why the ‘Haves’ Come Out Ahead”
(b) Judith Resnik on “Managerial Judges”
(c) Seanna Shiffrin’s “Speech, Death, and Double Effect”
(d) David Wilkins & Mitu Gulati on “Reconceiving the Tournament of Lawyers”
(Correct answer: (c))
7. How does Minow operationalize “testing a proposition about society or the economy”?
(a) Undertaking empirical investigation or summarizing current model-building efforts about claims commonly assumed in legal practice
(b) Limiting research to critique of philosophical paradigms
(c) Solely descriptive statistics of law review content
(d) Conducting focus groups with law students only
(Correct answer: (a))
8. Which design choice is typical of comparative and historical inquiries, according to Minow?
(a) Use of large-N regression analysis across countries
(b) Offering rich descriptions of an era or contrasting legal regimes, meeting historical/anthropological standards for sources, triangulation, and contextualization
(c) Publishing judicial biographies
(d) Rewriting statutes without historical analysis
(Correct answer: (b))
9. Which of the following is NOT a methodological component of the policy analysis archetype as described by Minow?
(a) Including fair analysis of alternative criteria and perspectives
(b) Attributing problems to gaps between goals and implementation
(c) Ignoring conflicting goals and competing models
(d) Considering evidence from history, economics, or psychology
(Correct answer: (c))
10. What did Minow find about the integration of different approaches in legal scholarship?
(a) Most scholarship stays strictly within one archetype
(b) Combinations or hybrids (e.g., Sunstein, Bell, Guinier) often integrate two or more archetypes like policy analysis, doctrinal restatement, and critical analysis
(c) There is a formal rule against hybrid scholarship
(d) Combinations are only permitted in jurisprudence
(Correct answer: (b))
11. How did Minow describe the “recasting project” exemplified by Reich, Warren & Brandeis, Fuller & Perdue, and Calabresi & Melamed?
(a) Focusing solely on current statutory law
(b) Gathering lines of cases from different categories to expose discrepancies and offer new paradigms
(c) Advocating for specific court reforms
(d) Using only statistical techniques
(Correct answer: (b))
12. Which of the following is NOT cited by Minow as an example of jurisprudence/philosophy of law scholarship?
(a) Ronald Dworkin’s “Law’s Empire”
(b) Catherine MacKinnon’s “Feminism, Marxism, Method, and the State”
(c) Laurence Tribe’s “Constitutional Law”
(d) Richard A. Posner’s “The Problematics of Moral and Legal Theory”
(Correct answer: (c))
13. How does Minow distinguish the “doctrinal restatement” archetype from the “recasting project”?
(a) Doctrinal restatement reorganizes existing case law by settled/emerging areas; recasting project synthesizes disparate lines or categories and proposes a new framework
(b) Both focus equally on historical analysis
(c) Recasting provides no normative guidance
(d) Both are indistinguishable according to Minow
(Correct answer: (a))
14. Which of the following is NOT identified by Minow as a typical structure for critical projects?
(a) Exposing patterns or assumptions/tensions
(b) Proposing a new evaluative scheme
(c) Linking paradoxes to philosophical or normative problems
(d) Highlighting internally inconsistent frameworks
(Correct answer: (b))
15. What research gap does Minow highlight in discussing the explosion of interdisciplinary legal scholarship?
(a) Lack of empirical work on judges
(b) Challenge of connecting legal scholarship with outside approaches and non-legal disciplines
(c) Absence of doctrinal analysis across jurisdictions
(d) No quantitative assessment available
(Correct answer: (b))
16. How is “policy analysis” measured as an archetype, according to Minow’s guide?
(a) Through presentation of problem, range of alternatives, implementation schemes, and final recommendation
(b) Solely by quantitative coding of proposals
(c) By citation frequency in legal journals
(d) By the number of empirical studies performed
(Correct answer: (a))
17. Which research design does Minow attribute to studies like Ellickson, Mnookin & Kornhauser, or Bebcuck & Cohen?
(a) Empirical investigation or model-building testing common assumptions in law
(b) Pure textual analysis
(c) Philosophical speculation
(d) Legislative drafting experiments
(Correct answer: (a))
18. According to Minow, which is NOT a typical data source or technique used in comparative/historical scholarship?
(a) Contextualization and triangulation
(b) Sole reliance on future legislative reform proposals
(c) Rich description from historical sources
(d) Field criteria from anthropology or history
(Correct answer: (b))
19. How does Minow categorize Cass Sunstein’s work “Interest Groups in American Public Law”?
(a) Pure doctrinal restatement
(b) Example of combinations/hybrids incorporating multiple archetypes
(c) Critical project only
(d) Purely empirical study
(Correct answer: (b))
20. According to Minow, which archetype typically aims to develop a theory explaining how law or its major portions hang together and engage with alternative theories?
(a) Doctrinal restatement
(b) Jurisprudence/philosophy of law
(c) Policy analysis
(d) Empirical institutional study
(Correct answer: (b))
Research Methodology MCQ on (Session 10/12 reading 3/4) Sekhri, Abhinav. “The right against self-incrimination in India: the compelling case of Kathi Kalu Oghad.” Indian Law Review 3, no. 2 (2019): 180-211.
1. According to Abhinav Sekhri, which of the following is NOT a key interpretive issue discussed by the Supreme Court in Kathi Kalu Oghad?
(a) Meaning of “person accused of an offence” under Article 20(3)
(b) Scope of “to be a witness” as personal testimony versus physical evidence
(c) Proving the element of “compulsion” in police custody
(d) Judicial review of confessions in jury trials
(Correct answer: (d))
2. What is the principal research objective of Sekhri’s article?
(a) To summarize the holding in Kathi Kalu Oghad for law students
(b) To develop existing legal critiques and locate the interpretive choices in Oghad within the historical and political context, arguing for a re-evaluation of those choices
(c) To provide a procedural manual for police investigations
(d) To propose alternate statutory language for Article 20(3)
(Correct answer: (b))
3. Which research method does Sekhri primarily use in this article?
(a) Empirical analysis of recent court cases
(b) Historical-legal analysis using case law, archival documents, and institutional theory
(c) Survey research of defendants’ attitudes
(d) Quantitative regression of conviction rates
(Correct answer: (b))
4. Which of the following is NOT a data source cited by Sekhri to reconstruct police practices between 1861–1961?
(a) Indian Penal Code and Evidence Act texts
(b) Newspaper reports and Law Commission documents
(c) Police commission reports and legislative debates
(d) Comparative studies from American policing in the 1970s
(Correct answer: (d))
5. How did Sekhri operationalize the conflicting interests in criminal investigations as discussed in the Oghad case?
(a) By coding judicial attitudes on reliability vs. voluntariness in court decisions
(b) By measuring conviction rates in colonial versus post-colonial trials
(c) By analyzing legislative amendments to confession and investigation statutes
(d) By conducting interviews with senior police officials
(Correct answer: (a))
6. According to Sekhri, which of the following is NOT a reason for the persistence of police reliance on confessions in India?
(a) Structural continuity of laws from the colonial era
(b) Absence of disciplinary measures against police officers
(c) Overhauling legal procedures in favor of defense rights
(d) Coexistence of rules that enable use of coerced evidence
(Correct answer: (c))
7. How did the Supreme Court in Kathi Kalu Oghad define “physical evidence” in relation to Article 20(3)?
(a) As any evidence obtained through physical force
(b) As material like fingerprints and handwriting that remains reliable even if coerced and is thus not protected by Article 20(3)
(c) As photographs and video recordings only
(d) As oral confessions given in court
(Correct answer: (b))
8. Which of the following is NOT cited by Sekhri as a procedural safeguard against police coercion present by 1906?
(a) Ban on signed statements during police investigation
(b) Strict procedures for magistrate-recorded confessions
(c) Making police administrators directly liable for all coerced evidence
(d) Penal provisions against extortion for evidence
(Correct answer: (c))
9. How did High Courts diverge in their interpretation of compulsion post-M.P. Sharma, according to Sekhri?
(a) Uniform application of the U.S. “Miranda” standard
(b) Some held that reliability trumped voluntariness and thus allowed fingerprints; others excluded evidence if compulsion was established
(c) Blanket exclusion of all physical evidence
(d) Refusal to hear constitutional claims
(Correct answer: (b))
10. What research gap does Sekhri identify in existing literature on Kathi Kalu Oghad?
(a) Lack of statutory analysis
(b) Criminal under-examination of Oghad in scholarly writing, especially its historical and institutional context
(c) Over-reliance on comparative law
(d) Absence of evaluation of lower court decisions
(Correct answer: (b))
11. Which design choice did the Supreme Court take in Oghad regarding proof of compulsion?
(a) Presumption of coercion in police custody
(b) Placing the onus on defendants to prove compulsion as a “physical objective act”
(c) Mandatory exclusion of physical evidence
(d) Automatic reversal of convictions on allegation of coercion
(Correct answer: (b))
12. According to Sekhri, which of the following is NOT a consequence of Oghad for criminal defendants?
(a) Higher burden to establish compulsion in police interrogation
(b) Near impossibility for defendants to prove coercion, especially those poor and without lawyers
(c) Expansion of the right against self-incrimination to all forms of evidence
(d) Reliance on reliability over voluntariness as controlling judicial approach
(Correct answer: (c))
13. How does Sekhri critique the Supreme Court’s reasoning for excluding physical evidence from Article 20(3)?
(a) Argues that it aligns with the transformative intent of the Constitution
(b) Notes that it is based on unsupported assumptions and fails to account for coercion in scientific evidence collection
(c) Defends the reasoning as best practice
(d) Finds it consistent with American jurisprudence
(Correct answer: (b))
14. Which methodological lens does Sekhri use to explain the Supreme Court’s deference to the executive in Oghad?
(a) Statistical modeling of judicial decisions
(b) Institutional theory: Court’s decisions as efforts to maintain legitimacy and balance among government branches
(c) Social movement theory
(d) Network analysis of judicial appointments
(Correct answer: (b))
15. According to Sekhri, which of the following is NOT offered as a barrier to effective constitutional protection against police coercion post-Oghad?
(a) Judicial deference to reliability over voluntariness
(b) Lack of presumption of coercion in police custody
(c) Low public awareness and no right to free legal aid
(d) Automatic exclusion of all forms of confessions
(Correct answer: (d))
16. How did the Court in Oghad operationalize the meaning of “to be a witness”?
(a) As covering only oral testimony in open court
(b) As “personal testimony” that can be affected by compulsion, and not physical evidence such as fingerprints or handwriting
(c) As any knowledge passed to police
(d) As all evidence gathered from the crime scene
(Correct answer: (b))
17. Which of the following is NOT a comparative perspective referenced by Sekhri to critique Indian judicial doctrines?
(a) American due process jurisprudence (Miranda v Arizona)
(b) British colonial statutes and Police Acts
(c) The French revolutionary criminal procedure
(d) Law Commission recommendations from the UK
(Correct answer: (c))
18. According to Sekhri, what long-term strategy did the Court hope for in Oghad by deferring to the executive?
(a) Immediate abolition of police power
(b) Political reform of policing and investigation techniques that would eventually minimize coercive practices
(c) Rapid expansion of defense rights
(d) Impeachment of the Justices
(Correct answer: (b))
19. What substantive finding does Sekhri highlight about colonial-era protections compared to constitutional rights post-Oghad?
(a) Colonial laws were entirely less protective
(b) Colonial-era procedural protections were, paradoxically, more robust in some respects than the constitutional right as interpreted in Oghad
(c) Both were equally ineffective
(d) Constitutional rights always overrode colonial law
(Correct answer: (b))
20. What does Sekhri suggest needs to be reconsidered to fulfill the transformative potential of Article 20(3)?
(a) Only minor amendments to procedural law
(b) A reversal of the deferential and narrow approach taken in Oghad, restoring a stronger right to silence and robust constitutional constraints on police investigations
(c) Complete abolition of confessions in trials
(d) Restriction of defense rights to upper-class defendants
(Correct answer: (b))
Research Methodology MCQ on (Session 10/12 reading 4/4): Bhuwania, Anuj. “Courting the people: the rise of public interest litigation in post-emergency India.” Comparative Studies of South Asia, Africa and the Middle East 34, no. 2 (2014): 314-335.
1. According to Bhuwania, which of the following is NOT a distinguishing feature of Indian Public Interest Litigation (PIL) compared to its American counterpart?
(a) PIL in India is a distinct judicial jurisdiction, not merely pro bono lawyering
(b) Indian PIL is largely judge-initiated, whereas US PIL is lawyer-driven
(c) PIL in India always involves class-action suits with strict opt-in structures
(d) Indian PIL is marked by procedural flexibility and popular judicial legitimacy claims
(Correct answer: (c))
2. What is Bhuwania’s primary research objective in the article?
(a) To propose judicial reforms for Indian lower courts
(b) To trace the discursive and political evolution of PIL in the context of post-Emergency India
(c) To statistically compare PIL success rates across countries
(d) To catalogue every PIL decision by the Supreme Court since 1977
(Correct answer: (b))
3. Which research method does Bhuwania principally use?
(a) Quantitative regression analysis of PIL case outcomes
(b) Historical and discursive analysis, tracking political, legal, and institutional developments
(c) Participant observation in PIL hearings
(d) Large-scale survey of judges and petitioners
(Correct answer: (b))
4. Which of the following is NOT cited by Bhuwania as a procedural innovation characterizing early PILs?
(a) Relaxation of locus standi rules
(b) Acceptance of evidence gathered by commissions appointed by the court
(c) Mandatory adversarial cross-examination of all witnesses
(d) Supervision and follow-up of remedial orders issued by the court
(Correct answer: (c))
5. How did Justice Bhagwati operationalize “representative standing” in PIL?
(a) Permitting any member of the public to file on behalf of the indigent or disadvantaged
(b) Limiting PIL petitions to government-appointed lawyers
(c) Mandating written authorization from affected groups
(d) Requiring parliamentary approval for class actions
(Correct answer: (a))
6. Which of the following is NOT a source Bhuwania uses in his examination of PIL discourse?
(a) Constituent Assembly Debates
(b) Landmark Supreme Court cases and judicial opinions
(c) Law Commission of India reports
(d) Private interviews with Chief Justices post-2000
(Correct answer: (d))
7. How does Bhuwania describe the tension between “proceduralism” and “participation” in post-independence Indian judicial politics?
(a) Procedures always take precedence over participation
(b) PIL embodies a shift towards participation by evading procedural constraints
(c) Participation is entirely absent from constitutional interpretation
(d) Procedural rules are stricter for PIL petitioners than for private litigants
(Correct answer: (b))
8. Which key research gap does Bhuwania identify about the literature on PIL?
(a) Lack of analysis on PIL’s transformation over time, particularly petitioner redundancy and amicus dominance
(b) Oversupply of statistical data on PIL efficacy
(c) Absence of references to American class action traditions
(d) Too many ethnographies of PIL petitioners
(Correct answer: (a))
9. Which of the following is NOT a strategy Indian Supreme Court judges used to claim legitimacy as the “People’s Court” following the Emergency?
(a) Speaking directly in the name of “the people”
(b) Relaxing procedural barriers
(c) Establishing mandatory referenda for all constitutional amendments
(d) Mobilizing suffering and poverty in judicial rhetoric
(Correct answer: (c))
10. How did Bhuwania measure the transformation of the PIL petitioner’s role post-1990s?
(a) By tracing cases where the Supreme Court displaced public petitioners and appointed amicus curiae
(b) By coding number of PILs filed by government officials
(c) Through interviews with NGOs
(d) By compiling state-level PIL statistics
(Correct answer: (a))
11. Which of the following is NOT a case study Bhuwania uses to illustrate the court’s displacement of petitioners in PIL procedures?
(a) Vineet Narain v. Union of India (Jain Hawala Diaries case)
(b) T.N. Godavarman Thirumalpad v. Union of India (Forest Case)
(c) Sheela Barse v. State of Maharashtra
(d) Kesavananda Bharati v. State of Kerala
(Correct answer: (d))
12. What comparative perspective does Bhuwania deploy regarding the courts’ mobilization of suffering in PIL decisions?
(a) Dhavan’s theory of directed judicial activism in Nigeria
(b) Arendt’s concept of “eloquent pity” in the French Revolution
(c) American due process jurisprudence
(d) Surveys of Canadian courts on access to justice
(Correct answer: (b))
13. Which of the following is NOT cited by Bhuwania as an outcome of PIL’s abandonment of adversarial norms?
(a) Evidence can be admitted without direct cross-examination
(b) Courts can appoint commissions for factual investigation
(c) PIL verdicts are routinely subject to strict review by parliamentary committees
(d) Remedies and supervision can extend far beyond typical court purview
(Correct answer: (c))
14. How does Veena Das (as cited by Bhuwania) analyze the Supreme Court’s handling of suffering in the Bhopal disaster litigation?
(a) The Court used discourse of suffering to legitimize government representation and minimize actual victim agency
(b) The Supreme Court conducted universal victim surveys
(c) The judiciary transferred compensation distribution to local panchayats
(d) The Supreme Court rejected all references to suffering in its decisions
(Correct answer: (a))
15. Which research design choice does Bhuwania highlight as enabling the court’s increasing procedural control over PIL cases?
(a) Appointment of amicus curiae as case managers, screening interventions and controlling party access
(b) Mandatory opt-in for every citizen as petitioner
(c) Delegation of all final decisions to parliamentary committees
(d) Use of jury trials for PIL cases
(Correct answer: (a))
16. Which “NOT” question best captures the change in PIL procedure since the mid-1990s in Bhuwania’s account?
(a) PIL now routinely allows suo moto judicial action
(b) The amicus curiae screens and controls access to court hearings
(c) Petitioners and affected parties are always central to final outcomes
(d) The Court often suppresses petitioners’ ability to withdraw or control the case
(Correct answer: (c))
17. According to Bhuwania, which of the following is NOT a constitutional or institutional root of PIL’s rise?
(a) Directive Principles of State Policy signaling a social revolution
(b) Fundamental Rights under Part III as sole basis for PIL jurisdiction
(c) Jurisdictional flexibility linked to Articles 32, 136, and 142
(d) Post-Emergency court’s search for legitimacy after its Emergency-era decisions
(Correct answer: (b))
18. What did S. Muralidhar criticize about the Supreme Court’s later PIL procedure (as cited by Bhuwania)?
(a) Appointment of amicus curiae can deprive petitioners of voice and render them redundant
(b) Supreme Court strictly enforced petitioner presence at all hearings
(c) Petitioners are always consulted for all investigative directions
(d) The court abolished amicus participation altogether
(Correct answer: (a))
19. Which case did the Supreme Court use its “suo moto” powers to convert an issue raised in a newspaper article into a PIL?
(a) Bandhua Mukti Morcha v. Union of India
(b) And Quiet Flows the Maily Yamuna
(c) Vineet Narain v. Union of India
(d) T.N. Godavarman Thirumalpad v. Union of India
(Correct answer: (b))
20. How does Bhuwania see the ultimate effect of PIL’s procedural evolution on legal norms?
(a) Annihilation of all procedure and the emergence of unconstrained judicial populism
(b) Strengthening of proceduralist checks and balances
(c) Restoration of strict adversarial logic
(d) Reduction of judicial discretion and increased legislative oversight
(Correct answer: (a))
Research Methodology MCQ on (Session 13 reading 1/1) — De, Rohit. “The two husbands of Vera Tiscenko: Apostasy, conversion, and divorce in late colonial India.” Law and History Review 28, no. 4 (2010): 1011-1041.
1. According to Rohit De, which of the following is NOT a reason Justice Edgley appointed amici curiae in the Tiscenko case?
(a) He felt the rule of Mohammedan law on apostasy was obsolete
(b) The husband had refused to contest the suit
(c) He wanted the law discussed in full because it raised far‐reaching legal points
(d) He wished to examine foreign precedents on Catholic marriage annulments
(Correct answer: (d))
2. What is De’s central research objective in the article?
(a) To reconstruct the biography of Vera Tiscenko from personal letters
(b) To analyse conversion‐based divorce cases in late colonial India to map jurisdictional politics, gender, and communal anxieties using the Tiscenko decision as a fulcrum
(c) To critique the codification of the Hindu Marriage Act, 1955
(d) To propose modern uniform divorce law
(Correct answer: (b))
3. Which research method does De primarily employ?
(a) Quantitative regression of divorce rates after conversions
(b) Historical–legal and discursive analysis using case law, legislative debates, and archival records
(c) Survey research on interfaith couples in British India
(d) Ethnographic participant observation in courts
(Correct answer: (b))
4. Which of the following is NOT a primary data source cited by De?
(a) Reported High Court and Privy Council decisions
(b) Legislative Assembly debate transcripts
(c) Imams’ conversion certificates from Nakoda Mosque
(d) Census of India household survey microdata
(Correct answer: (d))
5. How does De operationalize “marital patchwork” in colonial South Asia?
(a) By showing multiple religious personal law systems whose applicability depended on domicile, nationality, and religion, allowing litigants to manoeuvre between them
(b) By calculating divorce rates across religious communities annually
(c) By mapping rural court hierarchies in Punjab and Bengal
(d) By using linguistic maps of matrimonial customs
(Correct answer: (a))
6. According to De, which of the following is NOT a legal avenue available to a Muslim wife under classical Islamic law to initiate divorce?
(a) Talaq‐e‐tafwid (delegated divorce)
(b) Khula (mutual release with consideration)
(c) Judicial dissolution under the Dissolution of Muslim Marriages Act, 2001
(d) Apostasy from Islam to another religion
(Correct answer: (c))
7. How did colonial courts define a Muslim in law before Independence?
(a) By self‐identification in census records only
(b) By recital of the kalma and recognition of Muhammad’s prophethood and the Qur’an’s authority
(c) By proof of male circumcision and Friday mosque attendance
(d) By adherence to all Five Pillars of Islam
(Correct answer: (b))
8. Which of the following is NOT a tactic husbands’ lawyers used to resist wives’ apostasy‐based divorce petitions?
(a) Alleging “colourable conversions”
(b) Questioning baptism’s procedural validity
(c) Demanding dietary tests such as refusal to eat pork
(d) Tracking wives’ later remarriage partners
(Correct answer: (d))
9. How did Justice Dalip Singh of Lahore High Court measure the genuineness requirement for apostasy divorces in 1928?
(a) Motive was immaterial once formal renunciation and required rite (e.g. baptism) were proved
(b) Continuous observance of new religion had to be shown for three months
(c) Proof of the convert’s literacy in new religious texts was necessary
(d) Husband’s consent to divorce was a prerequisite
(Correct answer: (a))
10. Which research gap does De identify vis‐à‐vis women’s strategic legal behaviour?
(a) Overreliance on oral histories
(b) Under‐mapping of colonial state and indigenous reactions to women’s jurisdictional manoeuvres across personal law boundaries
(c) Lack of judgment digitisation
(d) Non‐existence of Hindu women’s movements in 1930s
(Correct answer: (b))
11. Which design choice differentiates De’s approach from earlier studies of gender and conversion?
(a) Focus on Christianity in South India
(b) Inclusion of Islam as lens to study both conversions to and apostasy from, within one analytic frame
(c) Use of survey data
(d) Avoidance of legal sources
(Correct answer: (b))
12. In the legislative history of the Dissolution of Muslim Marriages Act (DMMA), which of the following was NOT a stated purpose of Quazi Kazmi’s bill?
(a) Relieve distressed Muslim women lacking Hanafi divorce grounds
(b) Remove doubts on effect of renunciation of Islam by married Muslim women
(c) Reduce communal tensions in Bengal by limiting conversions
(d) Codify Maliki divorce grounds for use by Indian Muslim women
(Correct answer: (c))
13. How did Maulana Ashraf Ali Thanvi’s 1931 fatwa alter the apostasy rule?
(a) Declared apostasy by a Muslim woman would no longer annul a marriage and recommended Maliki grounds for judicial divorce
(b) Forbade Muslim women from any divorce action
(c) Required apostasy to be accompanied by foreign residence
(d) Abolished talaq entirely
(Correct answer: (a))
14. Which “NOT” question captures Tiscenko’s unique facts in De’s framing?
(a) She was a foreign‐domiciled Christian married abroad to a Russian
(b) She converted at Nakoda Mosque in Calcutta
(c) Her intended fiancé was Huseyn Suhrawardy
(d) She had previously been divorced under English law before arriving in India
(Correct answer: (d))
15. How did Justice Edgley interpret DMMA’s effect on pre‐existing Islamic divorce rules?
(a) It codified and preserved all older dissolution grounds, including apostasy clauses
(b) It implicitly eclipsed other rules and confined grounds to those in the Act, only for marriages under Muslim law
(c) It abolished all gender‐based divorce distinctions
(d) It allowed application to all interfaith marriages
(Correct answer: (b))
16. According to De, which of the following is NOT a factor explaining divergence between Atreyee Devi’s case and Vera Tiscenko’s?
(a) Atreyee’s status as a young Hindu woman facing proven domestic violence
(b) Active support from her father in executing conversion
(c) Contest by her husband through prolonged litigation
(d) Social respectability of her natal family versus Vera’s foreign background
(Correct answer: (c))
17. Which comparative perspective does De reference to understand litigants’ legal manoeuvres?
(a) Bourdieu’s concept of dual uses of imposed law
(b) Durkheim’s theory of mechanical solidarity
(c) Weber’s legal rationality in Protestant ethics
(d) Montesquieu’s separation of powers
(Correct answer: (a))
18. How did De measure the geographic distribution of apostasy‐based divorce cases?
(a) By coding reported High Court cases, noting concentration in Punjab/NWFP and Bengal, absence in South India where qazis often granted khula without apostasy
(b) By computing district marriage dissolution rates from census
(c) By tracking church registry entries of converts
(d) By mapping missionary baptisms
(Correct answer: (a))
19. Which of the following is NOT an effect of the Tiscenko judgment as traced by De?
(a) It became precedent to bar Hindu women from using conversion to Islam as divorce route
(b) It shifted judicial sympathy from wives to husbands as potential victims of “capricious” conversion
(c) It was never cited outside Calcutta High Court
(d) It entrenched public policy reasoning against applying Muslim apostasy rules to interfaith marriages
(Correct answer: (c))
20. What broader methodological insight does De draw about the decontextualisation of Justice Edgley’s obiter dicta?
(a) It shows how contingent colonial statements could be reframed as binding precedent, signalling shifts in public policy boundaries in late colonial jurisprudence
(b) It demonstrates that obiter dicta never influence later judgments
(c) It proves that all obiter is legislatively overridden quickly
(d) It shows that litigants controlled which dicta became precedent
(Correct answer: (a))
Research Methodology MCQ on (Session 14 reading 1/3) — Hemrajani, Rahul, and Himanshu Agarwal. “A temporal analysis of the Supreme Court of India’s workload.” Indian Law Review 3, no. 2 (2019): 125-158.
1. According to Hemrajani and Agarwal, which of the following is NOT a limitation of existing empirical studies on Indian court workload?
(a) They adopt the count of cases as their primary measure to study pendency
(b) They miss the varying complexity of different case-types
(c) They fail to account for individual judges having different capacities
(d) They rely too heavily on qualitative interview data rather than quantitative metrics
(Correct answer: (d))
2. What is Hemrajani and Agarwal’s central research objective?
(a) To compare the SCI’s efficiency with international constitutional courts
(b) To analyze the SCI’s workload using time measure rather than case count, and evaluate pendency reduction methods
(c) To study the impact of judicial appointments on case disposal rates
(d) To examine the relationship between case complexity and judicial decision quality
(Correct answer: (b))
3. How did Hemrajani and Agarwal operationalize “judge time” in their study?
(a) By multiplying hearing duration by the total number of SCI judges
(b) By adding preparation time to actual hearing time for each case
(c) By multiplying hearing duration by the number of judges on the specific bench hearing that case
(d) By dividing total court hours by the number of cases heard per day
(Correct answer: (c))
4. Which of the following is NOT a data source used by Hemrajani and Agarwal?
(a) SCI display board timestamps tracked by cloud software
(b) Daily cause lists published by the Supreme Court
(c) Individual judge interview responses about time allocation
(d) Case status pages from the SCI website
(Correct answer: (c))
5. What was the sample size of Hemrajani and Agarwal’s hearing time dataset?
(a) 44,900 hearings
(b) 54,164 hearings
(c) 19,380 hearings
(d) 78,444 hearings
(Correct answer: (b))
6. How did Hemrajani and Agarwal measure the “efficiency rate” of the Supreme Court?
(a) By comparing actual hearing time to ideal hearing time for the same period (87.79%)
(b) By dividing disposed cases by incoming cases per year
(c) By calculating the percentage of cases heard within statutory time limits
(d) By measuring judge satisfaction scores with their workload
(Correct answer: (a))
7. According to Hemrajani and Agarwal, what was the Supreme Court’s time deficiency in 2016 under the actual efficiency model?
(a) 2,239 hours surplus
(b) 401 hours deficiency
(c) 18,980 hours available
(d) 19,380 hours required
(Correct answer: (b))
8. Which research design innovation distinguishes Hemrajani and Agarwal’s approach from previous NCSC studies?
(a) Using judges to manually track their own time allocation
(b) Conducting the study over a 6-9 week period for focused analysis
(c) Automated timestamp collection via display board tracking, eliminating manual data entry errors
(d) Focusing exclusively on constitutional bench cases
(Correct answer: (c))
9. Which of the following is NOT a limitation of Hemrajani and Agarwal’s dataset mentioned by the authors?
(a) Minimum time change reflected is 7 seconds
(b) Display board may not be turned off during lunch in some long hearings
(c) Cases listed for pronouncement are not tracked since they use alphanumeric item numbers
(d) The study period was too short to capture seasonal variations in court workload
(Correct answer: (d))
10. How did Hemrajani and Agarwal differentiate between Special Leave Petitions (SLPs) that are admitted versus those that are dismissed?
(a) By examining the subject matter categorization assigned by filing advocates
(b) By tracking conversion data from case status pages and calculating separate disposal times for each category
(c) By analyzing the length of written judgments for each SLP category
(d) By surveying judges about their decision-making criteria
(Correct answer: (b))
11. What did Hemrajani and Agarwal find about the average hearing time across all case types in the Supreme Court?
(a) 17 minutes per hearing
(b) 7.45 minutes per hearing
(c) 35 minutes per case disposal
(d) 87.79 minutes per case disposal
(Correct answer: (b))
12. Which of the following is NOT one of the steps in the weighted caseload method as applied by Hemrajani and Agarwal?
(a) Calculate the average amount of judge time per hearing in each type of case
(b) Determine the average number of hearings in each type of case
(c) Survey litigants about their satisfaction with hearing duration
(d) Multiply average judge time per hearing by average number of hearings to get disposal time
(Correct answer: (c))
13. According to Hemrajani and Agarwal’s analysis, which case type requires the most court resources to dispose of on average?
(a) Criminal Appeal (125 judge minutes)
(b) Original Suit (1484 judge minutes)
(c) Civil Appeal (84 judge minutes)
(d) SLP Civil (14 judge minutes)
(Correct answer: (b))
14. How did Hemrajani and Agarwal calculate the “break-even point” for clearing the Supreme Court’s pendency?
(a) By dividing pending time by excess capacity time available after disposing incoming cases
(b) By multiplying the number of pending cases by average disposal time
(c) By comparing the court’s efficiency rate to international constitutional court benchmarks
(d) By analyzing historical trends in case filing rates over the past decade
(Correct answer: (a))
15. Which of the following is NOT a method Hemrajani and Agarwal tested to reduce Supreme Court pendency?
(a) Appointing additional judges up to sanctioned strength
(b) Eliminating court vacations entirely
(c) Creating specialized subject-matter benches for different case types
(d) Reducing SLP admission rates by 50%
(Correct answer: (c))
16. What did Hemrajani and Agarwal find about the time required to clear all incoming cases filed in a year?
(a) 18,980 judge hours (time available)
(b) 19,380 judge hours (time required)
(c) 44,900 judge hours (pending cases)
(d) 21,620 judge hours (ideal capacity)
(Correct answer: (b))
17. How did Hemrajani and Agarwal address the problem of cases that have had multiple hearings when calculating pending case disposal time?
(a) They treated all pending cases as requiring full disposal time
(b) They proportionately reduced hearings remaining by subtracting median orders passed from average orders required
(c) They excluded cases with more than 5 previous hearings from analysis
(d) They used only cases with zero previous hearings in their calculations
(Correct answer: (b))
18. According to Hemrajani and Agarwal, what percentage of incoming cases do SLPs constitute by numbers versus judge time required?
(a) 63% by numbers, 80% by judge time
(b) 80% by numbers, 63% by judge time
(c) 78% by numbers, 67% by judge time
(d) 85% by numbers, 72% by judge time
(Correct answer: (b))
19. Which of the following is NOT a reason Hemrajani and Agarwal chose to aggregate data by “case-type” rather than “subject matter”?
(a) Case-type categorization is checked by the SCI registry and is fairly accurate
(b) Subject matter categories can have multiple possible classifications for the same case
(c) Case-type corresponds to well-defined jurisdiction clauses
(d) Subject matter categorization provides more detailed insights into case complexity
(Correct answer: (d))
20. What was the period covered by Hemrajani and Agarwal’s Supreme Court Hearing Time dataset?
(a) 1 January 2016 to 31 December 2016
(b) 28 January 2016 to 5 December 2016
(c) 1 April 2015 to 31 March 2016
(d) 1 January 2015 to 31 December 2015
(Correct answer: (b))
21. How did Hemrajani and Agarwal determine the average number of hearings required to dispose of each case type?
(a) By surveying court masters about typical case hearing patterns
(b) By using the number of orders passed in disposed cases as a proxy for number of hearings
(c) By analyzing historical court records from the past 20 years
(d) By timing each individual hearing and calculating cumulative averages
(Correct answer: (b))
22. According to Hemrajani and Agarwal’s findings, how many years would it take to achieve break-even (clear all pending cases) if the court worked at ideal efficiency?
(a) 4 years
(b) 18 years
(c) 20 years
(d) Never achievable
(Correct answer: (c))
23. Which of the following is NOT a component of Hemrajani and Agarwal’s “ideal efficiency model”?
(a) 179 working days per year (2016)
(b) 4.5 working hours per day (excluding lunch)
(c) Average of 26.46 judges in 2016
(d) 15% buffer time for administrative responsibilities
(Correct answer: (d))
24. What did Hemrajani and Agarwal identify as the “big bugbear” for the Supreme Court, citing Dhawan’s observation?
(a) Criminal Appeals that require extensive constitutional interpretation
(b) Special Leave Petitions (SLPs) which now dwarf the work of the court
(c) Transfer Petitions that involve complex jurisdictional issues
(d) Review Petitions that require detailed re-examination of previous judgments
(Correct answer: (b))
25. How did Hemrajani and Agarwal handle the discrepancy between case status data and Supreme Court Annual Report figures?
(a) They reconciled both sources by conducting independent verification
(b) They used only Annual Report data for consistency with official statistics
(c) They used case status page data since their model requires case-type disaggregation, acknowledging the limitations
(d) They averaged the two sources to minimize potential errors
(Correct answer: (c))
26. According to Hemrajani and Agarwal, which methodological approach would be required to test whether all admissions should happen by circulation rather than oral hearing?
(a) Additional data points distinguishing between admission and regular hearings
(b) Comparative analysis with US Supreme Court practices
(c) Survey research on judicial preferences for hearing formats
(d) Historical analysis of admission rates over time
(Correct answer: (a))
27. What was the minimum time change that Hemrajani and Agarwal’s data collection system could detect?
(a) 1 second
(b) 7 seconds
(c) 30 seconds
(d) 1 minute
(Correct answer: (b))
28. Which of the following is NOT a statistical measure reported by Hemrajani and Agarwal in their findings?
(a) Standard deviation of hearing times across case types (22 minutes average)
(b) Correlation coefficient between case complexity and hearing duration
(c) 87.79% judicial efficiency rate
(d) 54,164 total hearings in sample
(Correct answer: (b))
29. How did Hemrajani and Agarwal calculate the conversion ratios for Special Leave Petitions?
(a) By analyzing cases from 2014-2015 to capture recent trends
(b) By using all cases from 2009-2013, excluding 2014-2015 since many were still pending conversion
(c) By surveying judicial officers about their typical SLP admission practices
(d) By extrapolating from a random sample of 1000 SLP cases
(Correct answer: (b))
30. What did Hemrajani and Agarwal conclude about the effect of adding more judges on individual judge hearing times?
(a) Individual judges increase hearing time when more judges are added (judicial adjustment theory)
(b) Individual judges maintain constant hearing time regardless of total court size
(c) They found no evidence that adding judges leads to decreased disposal rates for individual judges
(d) The relationship varies significantly based on case complexity
(Correct answer: (c))
31. According to Hemrajani and Agarwal’s analysis, if 12 additional judges were appointed over the sanctioned strength, how long would it take to reach break-even?
(a) 3 years
(b) 5 years
(c) 8 years
(d) 10 years
(Correct answer: (b))
32. Which of the following case types did Hemrajani and Agarwal find takes the least average hearing time?
(a) Transfer Petition (Civil) – 2.65 minutes
(b) Transfer Petition (Criminal) – 2.59 minutes
(c) SLP (Civil) CC – 2.74 minutes
(d) SLP (Criminal) CRLMP – 2.78 minutes
(Correct answer: (b))
33. How did Hemrajani and Agarwal address the problem of “hyphenated” cases in their counting methodology?
(a) They counted each hyphenated case individually to avoid undercounting
(b) They treated batch cases (e.g., SLP 832-836/2012) as single cases since they have common hearings and orders
(c) They excluded all hyphenated cases from their analysis due to complexity
(d) They used a weighted average based on the number of cases in each batch
(Correct answer: (b))
34. What does Hemrajani and Agarwal’s “congestion rate” of 301.61% indicate?
(a) The court is operating at three times its optimal capacity
(b) The combined time for incoming and pending cases exceeds available time by 201.61%
(c) The court requires 3.01 times more judges to handle current workload
(d) The pendency has increased by 301.61% compared to previous year
(Correct answer: (a))
35. According to Hemrajani and Agarwal, which comparative advantage does their display board technique offer over manual time-and-motion studies like those conducted by Daksh?
(a) It captures preparation time in addition to hearing time
(b) It provides more detailed qualitative insights into judicial decision-making
(c) It eliminates human error, doesn’t impose demands on judges, and can be easily scaled across courts
(d) It allows for real-time adjustment of court schedules based on case complexity
(Correct answer: (c))
Hope there Research Methodology MCQ are helpful. All the best for your exams.