Gujarat Judiciary Question Papers: Download Prelims & Mains PDFs

Overview: This highly focused question-and-answer guide is specifically designed for aspirants tackling the Gujarat Judiciary Mains examination.  

The Gujarat Judiciary examination is a test of your legal knowledge and drafting skills. Understanding the structure and the type of questions asked is the first step toward guaranteed success.  

This guide breaks down the essential topics, the critical new legislation you must focus on, and key strategies for tackling these high-scoring papers. 

Gujarat Judiciary Mains Question Paper Download

Download Gujarat Judiciary Criminal Law Sample Paper	Download Solution
Download Gujarat Judiciary Civil Law Sample Paper	Download Solution

Understanding the Gujarat Mains Examination Structure 

Under Gujarat Judiciary Exam Pattern Both the Criminal Law (Paper I) and Civil Law (Paper II) papers are intensive, demanding three hours to complete and carrying a maximum of 100 marks each. 

The papers typically follow a structured format covering application-based, theoretical, and drafting questions: 

Section Type	Format	Marks	Focus
Question 1	Answer Any Five	25 Marks	Detailed Theoretical/Application Questions
Question 2	Explain in Brief (Any Three)	15 Marks	Short Explanations of Concepts
Question 3	Discuss in Detail (Any Four)	28 Marks	In-depth Discussion/Analysis
Question 4	Write an Essay (Any One)	12 Marks	Jurisprudence/Philosophical Topics
Question 5	True or False (Any Five)	5 Marks	Quick Checks on Statutory Provisions
Question 6	Drafting Question	15 Marks	Practical Order Drafting (Crucial Score Area)

Pro Tip: Remember that all questions are mandatory, and answers must be written clearly and legibly in English. 

Gujarat Judiciary Mains Paper I – Criminal Law & Special Acts 

How to write Short Answer Questions in Gujarat Judiciary Mains? 

We have provided some sample question and their answers for the Gujarat Judiciary Mains exam preparation. Practice them to know, where you are lagging behind, and what can be the perfect way to approach questions covering different law subjects.

Q. Discuss the role of presumptions under the Negotiable Instruments Act (NI Act).

A. Presumptions under the NI Act (1881) are incorporated to facilitate smooth commercial transactions by conferring credibility and trust upon instruments like promissory notes and cheques.

Objective: They reduce disputes and ensure certainty, shifting the burden of proof to the party challenging the instrument, thus safeguarding their reliability. 

Section 118: Presumes the existence of consideration, the correct date, the time of acceptance/transfer, the order of indorsements, stamping, and that the holder is a holder in due course. 

Section 139: Presumes that the holder of a cheque received it for the discharge of a debt or liability. 

Conclusion: These provisions uphold trust, efficiency, and certainty in trade and commerce by balancing commercial expediency with fairness, while still allowing the initial burden placed on the drawer or challenger to be rebutted. 

Q. What are the criminal immunities to the children under 7 years of age and children above 7 years and under twelve years of age, under Bharatiya Nyaya Sanhita (BNS), 2023?

A. The BNS, 2023, maintains two categories of immunity for children based on age:

Section 20 – Absolute Immunity (Children under 7 years): This provides complete immunity from criminal liability. It recognizes the legal principle of doli incapax, meaning a child under seven is legally incapable of forming criminal intent (mens rea). Consequently, no act committed by a child below 7 years of age shall be considered an offence. 

Section 21 – Qualified Immunity (Children 7 to 12 years): This grants conditional immunity. A child in this age group will not be held criminally liable if it is shown that they lacked sufficient maturity to understand the nature and consequences of the act. This principle is known as doli capax, where liability depends on a factual assessment of the child’s maturity and understanding. 

Q. What are the grounds of revision and reference under BNSS? Does the nature of jurisdiction of the High Court change while exercising these powers?

A. Revision (Section 438 BNSS): This power, exercised by the High Court or Sessions Judge, involves calling for records of any proceeding to satisfy itself as to the correctness, legality, and propriety of any finding. 

 Reference (Section 436 BNSS): This process involves a lower court framing a question of law (along with its opinion) and sending it to the High Court. This happens when the lower court is satisfied that the case involves question regarding the validity of a law, which is necessary to be determined by the higher court. 

Nature of Jurisdiction: When the High Court exercises powers of reference (Section 436) or revision (Section 438), the nature of the jurisdiction does not change. It remains primarily of a supervisory nature..

Q. Explain the procedure for obtaining Orders of Reliefs under the Protection of Women from Domestic Violence Act, 2005 (PWDVA).

A. The PWDVA provides a clear, time-bound procedure for obtaining protection and reliefs:

Application (Section 12): An aggrieved woman, a Protection Officer, or any other person on her behalf may file an application before the Magistrate for reliefs, including compensation or damages. The Magistrate must consider any domestic incident report. 

Hearing Schedule: The first hearing should be fixed within 3 days, and the matter ordinarily disposed of within 60 days. 

Service of Notice (Section 13): The Protection Officer is responsible for serving notice to the respondent, generally within 2 days. 

Counselling and Welfare (Sections 14 & 15): The Magistrate may direct the parties to undergo counselling. The assistance of welfare experts, preferably women, may also be sought. 

In-Camera Proceedings (Section 16): Proceedings may be held in camera if required by the circumstances or upon request of either party. 

How to write questions asking for an Explanation in Brief section? 

Q. Illegality vitiates trial whereas irregularity does not unless it results in prejudice. Explain in light of the provisions of BNSS.

A. Criminal law categorizes procedural defects into two types based on whether they prejudice the parties to the trial:

Irregularities that DO NOT Vitiate the Trial (Curable Irregularities): 

Section 506 BNSS allows the curing of nine kinds of irregularities, provided they were committed erroneously and in good faith. 

The crucial qualification is that the irregularity must not cause a failure of justice. For example, a Magistrate's issuing of summons without examining the complainant on solemn affirmation was deemed a curable irregularity. 

Illegalities that VITIATE the Trial (Incurable Irregularities): 

Section 507 BNSS lists 17 kinds of irregularities which, if committed by any Magistrate, would result in vitiating the entire proceedings. 

These defects are considered illegalities and proceedings based on them have "no existence" legally. No question of good faith arises here. 

Q. Explain Battered Wife Syndrome in brief

• Battered Wife Syndrome (BWS) describes the psychological condition of women who, having endured sustained physical or mental abuse, eventually kill their abusers. This reaction is often delayed and results from prolonged torture becoming intolerable, rather than a response to a single incident.
• Challenge to Law: BWS challenges traditional criminal law defenses, specifically the exception of "grave and sudden provocation" (formerly Section 300 IPC, now Section 101 BNS), which typically requires a sudden loss of self-control caused by immediate provocation. 
• Judicial Recognition: Courts, notably the UK court in R. v. Ahluwalia, have recognized that domestic abuse victims may react in a "slow-burn" fashion. 
• Indian Context: In Manju Lakra v. State of Assam, Indian courts accepted the defense of grave and sudden provocation based on BWS where the accused endured a "long series of torture". Critics, however, suggest introducing a separate exception of "sustained provocation" to better accommodate the nature of BWS under the statute. 

How to approach Detailed Discussion Questions in Gujarat Judiciary Mains? 

Q. Discuss in detail the significance of Section 479 BNSS.

A. Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) is highly significant as it aims to address prison overcrowding by regulating the release of undertrial prisoners.

Mandatory Release on Bail (General Rule): Undertrial prisoners held for an offence where the punishment does not include death or life imprisonment must be released on bail after undergoing detention for half of the maximum imprisonment period prescribed for the offence. 

Benefit for First-Time Offenders: A crucial new provision is that first-time offenders (those never previously convicted) must be released on bond after serving detention for only one-third of the maximum imprisonment period. 

Proactive Role: The BNSS assigns a proactive role to the jail superintendent, mandating them to submit applications for the release of eligible undertrials. 

Judicial View (Re-Inhuman Conditions In 1382 Prisons 2024): The Supreme Court recognized Section 479 BNSS as an important tool to address overcrowding. The Court emphasized that the new law is more favorable to undertrials than the old law and must be applied fairly to all eligible undertrials, irrespective of when their cases were filed. 

Q. Explain the doctrine of estoppel as provided under Section 121 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).

A. The word ‘estoppel’ is derived from the French word ‘estoupe’ meaning ‘stopper’. The doctrine, codified under Section 121 of the BSA, 2023 (formerly Section 115-117 of IEA), is based on equity, fairness, and good conscience.

Statutory Provision (Section 121 BSA): A person who, by their declaration, act, or omission, has intentionally caused or permitted another person to believe a thing to be true and act upon that belief, shall not be allowed to deny the truth of that thing in any subsequent suit or proceeding between them or their representatives. 

Essential Elements: 

Representation: Made by declaration, act, or omission. 

Intention: Intentionally causing the other party to believe the representation to be true. 

Reliance: The other party must have believed the representation and acted upon it. 

Prejudice: The person relying on the representation must have altered their position or suffered some detriment due to that reliance. 

Q. Distinguish between Organised Crime and Terrorist Act under the Bharatiya Nyaya Sanhita, 2023 (BNS).

A. Although both are serious offences under BNS, they differ significantly in objective and motivation:

Feature	Organised Crime (Section 111 BNS)	Terrorist Act (Section 113 BNS)
Primary Purpose/Motive	Financial or material gain (profit-driven).	Political, religious, or ideological objectives (to spread fear/destabilize the State).
Defining Activity	Continuing unlawful activity by a syndicate, requiring filing of more than one charge-sheet in 10 years with cognizance taken.	Acts intended to threaten unity, sovereignty, integrity, or security of India or to strike terror among the people.
Targets	Immediate targets are individuals, businesses, or property (e.g., extortion, drug trafficking, fraud).	Primary targets are the State and the public at large (e.g., attacks on government institutions, public spaces).
Means Used	Violence, threat, coercion, or unlawful means.	Use of explosives, firearms, chemicals, biological/nuclear substances, etc..

How to write Essay questions in the Gujarat Judiciary Mains? 

Q. Criminal Law is Remedial: The Law Seeks to Prevent and Reform, Not Merely Punish

A. (Summary of Argument): The essay argues that modern criminal jurisprudence has evolved beyond mere retribution to embrace a remedial philosophy focusing on prevention, deterrence, and rehabilitation.

• Preventive Function: Criminal law prevents offences through proactive provisions like Sections 149, 150, and 168 of the BNS, and laws addressing organized crime and terrorism. Deterrence, through enhanced penalties, also acts as a warning to prevent similar acts. 
• Reformative Function: Statutes like the Probation of Offenders Act, 1958, which allows probation instead of imprisonment, and the BNS, 2023, which introduces community service, reflect the shift towards rehabilitation. The Juvenile Justice Act similarly emphasizes reformation. 
• Judicial Support: Cases like Bachan Singh v. State of Punjab (restricting the death penalty to the "rarest of rare") and Sheela Barse v. Union of India (highlighting the need for prison reforms) reinforce the judicial commitment to preserving opportunities for reformation and social reintegration. 

Q. What do you mean by "Fiat Justitia Ruat Caelum: Let Justice Be Done Though the Heavens Fall."

A. (Summary of Argument): This essay explores the Latin maxim that demands justice be delivered regardless of consequences, inconvenience, or political upheaval, emphasizing the paramount importance of the rule of law.

• Judiciary’s Absolute Duty: The maxim underscores the absolute duty of courts to administer justice impartially. In India, this principle is reflected in Fundamental Rights, particularly Article 14 (equality) and Article 21 (life and liberty), which mandate the courts to safeguard rights against expediency or political pressure. 
• Constitutional Supremacy: Indian judicial pronouncements, such as those in Indira Gandhi v. Raj Narain (1975) and Maneka Gandhi v. Union of India (1978), reinforced the judiciary’s role as the ultimate arbiter, demonstrating that justice cannot be compromised for political considerations. 
• Modern Relevance: The principle ensures that the judiciary acts without fear or favor in cases involving corporate accountability, human rights violations, and the protection of vulnerable groups, reinforcing the supremacy of law over arbitrary action. 

How to practice the Drafting Exercise for Gujarat Judiciary Mains? 

Q. Draft an order refusing or granting Maintenance Order based on the following facts: Priya Verma (Applicant, income ₹40,000/month) seeks maintenance from her husband Amit Verma (Respondent, income ₹1,50,000/month). Priya argues her income is insufficient to maintain the marital standard of living, while Amit argues she is capable of supporting herself.

A. (Decision and Rationale): The order grants maintenance, relying on the principle that the ability to earn some income does not preclude a wife from seeking maintenance if that income is insufficient to sustain the accustomed standard of living.

• Judicial Precedent: The Magistrate relies on Chaturbhuj vs. Sitabai (2007), which held that a wife may claim maintenance even if she has an income, provided it is insufficient to support her needs. 
• Finding: The court finds that the petitioner's income of ₹40,000 per month is insufficient to maintain the accustomed standard of living, whereas the respondent’s income of ₹1,50,000 per month is adequate. 
• Order: Amit Verma is directed to pay a monthly maintenance of ₹60,000 to Priya Verma. 

Gujarat Judiciary Mains Paper II – Civil Law & Constitutional Law 

Short Answer Questions  

Q. Describe the concept of precept.

A. A precept is a post-decree procedural tool defined under Section 46 of the CPC.

Meaning: It is a direction issued by the court that passed the decree to another court (competent to execute the decree) to temporarily attach specific property of the judgment-debtor. 

Objective: It acts as a temporary measure to protect the decree-holder's interests by preventing the judgment-debtor from alienating or disposing of the property before full execution proceedings begin. 

Duration: The attachment remains in force for only two months from the date of receipt by the second court. This duration can only be extended by an order of the issuing court or by the transfer of the decree. 

Q. Briefly discuss the doctrine of Repugnancy.

A. The Doctrine of Repugnancy is addressed by Article 254 of the Indian Constitution and deals with resolving conflicts between Central and State laws concerning subjects listed in the Concurrent List.

General Rule (Article 254(1)): If a State law is repugnant (inconsistent) to a Central law on the Concurrent List, the Central law prevails, and the State law is void to the extent of the repugnancy. 

Exception (Article 254(2)): If a State law, which is repugnant to an existing Central law, is reserved for and receives the President’s assent, the State law will prevail within that State. 

Proviso: Parliament retains the power to override this assented State law anytime by subsequently making a new law on the same subject. 

Q. Define 'Hizanat'. Can this right be lost? If so, under what circumstances? Explain.

A. Definition: Hizanat refers to the right of custody and physical care of minor children, particularly by the mother, under Muslim personal law. While the mother is generally entitled to custody during the child’s tender years, the guardianship (wilayat) of the property and person remains with the father. 

Loss of Right: Yes, the right of Hizanat is not absolute and can be forfeited if the custodian is found unfit or unsuitable, as the paramount principle is always the welfare of the minor. 

Grounds for Loss: These include:

Immoral or unchaste life of the mother. 

Remarriage of the mother to a person not related to the child within the prohibited degrees (especially in Sunni law). 

Neglect, cruelty, or change in religion if it negatively affects the child’s upbringing. 

Explanation in Brief 

Q. Explain Garnishee Order.

A. Garnishee proceedings are governed by Order 21, Rules 46-A to 46-H of the CPC.

Definition: A garnishee is a person who owes money to the judgment-debtor. Garnishee proceedings allow the court to intercept such debts and direct the garnishee to pay the amount directly to the decree-holder (garnisher). 

Objective: The object is to enable the decree-holder to recover dues from third parties, thereby expediting the execution process and avoiding the necessity of a separate suit. 

Process: Upon application by the decree-holder, the court issues notice to the garnishee to either pay the debt into court or show cause. If the garnishee pays, they are discharged from liability to the judgment-debtor. If they dispute the debt, the court may try the issue as if it were a suit. 

Q. Explain Doctrine of Waiver.

A. Definition: Waiver is the voluntary and intentional relinquishment of a known right, conferred by statute or contract, made with free will and full knowledge of its consequences. 

Essential Features: Waiver must be intentional (express or implied) and the person waiving the right must be aware of the nature of the right and its potential impact. 

Limitation (Constitutional Rights): Under the Constitution of India, fundamental rights (Part III) cannot be waived. This is because fundamental rights safeguard the broader public interest, not just individual benefit. If waiver were permitted, it would allow the State to erode constitutional safeguards. 

Case Law: In Behram Khurshed Pesikaka v. State of Bombay (1954), the Supreme Court established that fundamental rights form part of constitutional policy and cannot be waived. Similarly, Olga Tellis v. Bombay Municipal Corporation (1985) held that there is no estoppel against fundamental rights. 

Detailed Discussion Questions 

Q. Under what circumstances can a defendant be arrested before judgment and when can such order be given?

A. Arrest before judgment is an extraordinary remedy governed by Order XXXVIII Rule 1 to 4 of the CPC.

Circumstances for Arrest (Order XXXVIII Rule 1): The order may be issued if the plaintiff proves (by affidavit or evidence) that the defendant is about to: 

1. Abscond or leave the local jurisdiction with the intent to obstruct or delay the execution of a possible decree. 
2. Dispose of or remove property from the jurisdiction with the intent to defeat a decree. 
3. Leave India in a manner that suggests the plaintiff’s decree execution will be obstructed or delayed. 
4. There must be a bonafide cause of action, and a valid apprehension that the decree may become infructuous. 

Procedure for Ordering Arrest: 

1. Application: The plaintiff files an application supported by an affidavit detailing the grounds and evidence. 
2. Initial Scrutiny: The Court checks for a prima facie case and, if satisfied, issues a show cause notice to the defendant. 
3. Order: If the defendant fails to show sufficient cause why he should not be arrested or should not furnish security, the Court may issue a warrant of arrest, or order the defendant to furnish security or surety for appearance or the decree amount. 
4. Detention Limit: The maximum detention period in civil prison cannot exceed six months generally, or six weeks if the subject matter is ₹50 or less. 

Q. Discuss the power of the Governor to promulgate Ordinance.

A. Article 213 of the Indian Constitution grants the Governor the power to promulgate Ordinances when the State Legislature is not in session and immediate action is needed.

Condition for Exercise: The Governor must be satisfied of an urgent necessity to take immediate action. 

Limitations: The Governor cannot promulgate an Ordinance without the President’s instructions if the legislation:

• Requires prior Presidential sanction under the Constitution. 
• Needs to be reserved for the President’s consideration. 
• Would be invalid due to repugnancy with a Central law without Presidential assent. 

Duration and Approval: The Ordinance must be laid before the State Legislature upon reassembly. It ceases to operate after six weeks from the date of reassembly unless approved earlier by the legislature. 

Q. What are the limits within which a court may permit rectification? Whether the relief in this regard is discretionary or mandatory upon the court?

A. Rectification of instruments is governed by Section 26 of the Specific Relief Act (SRA), 1963, allowing correction of written documents that inaccurately record the true intention of the parties.

Limits for Permitting Rectification: 

1. Grounds: Rectification can only be sought if the instrument fails to express the real intention of the parties due to fraud or mutual mistake. 
2. Exclusions: It does not apply to the articles of association of a company governed by the Companies Act, 1956. 
3. Protection of Third Parties: Rectification must be done without affecting the rights of third parties who have acted in good faith and for value. 
4. Pleading Requirement: Rectification must be specifically claimed in the pleadings, although the court may allow an amendment at any stage. 

Discretionary vs. Mandatory: 

• The relief of rectification is discretionary, not mandatory, upon the court. 
• Section 26(2) uses the term, "The court may direct the instrument to be rectified" if it finds the instrument does not reflect the true intention. The court must ensure fairness and safeguard third-party rights before granting the equitable remedy. 

Essay Topics 

Q. Write an essay on the topic of Balancing Individual Rights and Social Responsibility under Civil Law.

A. (Summary of Argument): The essay posits that civil law maintains a delicate balance, ensuring individual rights (like those under Articles 14, 19, and 21 of the Constitution) are exercised responsibly without infringing upon the rights of others or disrupting social harmony.

Legal Framework: The balance is maintained by harmonizing Fundamental Rights with Directive Principles (Part IV). Procedural law (CPC) ensures fairness, while the Law of Torts reinforces that rights cannot cause harm. 

Judicial Interpretation: The judiciary has been key, for instance:

Kesavananda Bharati v. State of Kerala (1973) harmonized rights and directive principles through the "basic structure doctrine". 

M.C. Mehta v. Union of India developed the doctrine of absolute liability, preventing industries from pursuing profits at the expense of public safety. 

Subramanian Swamy v. Union of India (2016) emphasized that freedom of speech must be exercised responsibly to protect reputation. 

Conclusion: Civil law is a dynamic mechanism where individual liberty is framed as a responsible entitlement, upholding constitutional values and collective welfare. 

Drafting Exercise  

Q. Draft an order refusing or granting stay of execution: An ex parte decree was passed by Court 'A'. JD filed an Order IX Rule 13 application in Court 'A'. The decree was transferred to Court 'B' (transferee court) for execution. JD applied to Court 'B' (under Order XXI Rule 29) to stay execution pending the outcome of the Order IX Rule 13 application in Court 'A'.

A. (Decision and Rationale): The order refuses the stay of execution.

Rationale: The court confirms that it is only a transferee court. The power of an executing court under Order XXI, Rule 29, CPC to stay execution flows from the fact that the decree was passed by that court only. 

Limitation: A transferee court, which has only limited power to execute the decree, lacks the jurisdiction to stay the execution under Order XXI, Rule 29. 

Recourse: The appropriate recourse for the Judgment Debtor is to apply for a stay order before the court which passed the decree (Court A) or to a Superior Court. 

Order: The application under Order XXI Rule 29, CPC filed by the JD stands dismissed. 

Takeaways for Gujarat Judiciary Mains Aspirants

The analysis of these criminal and civil law questions highlights several key trends for your Gujarat Judiciary Mains preparation:

1. New Legislation Focus: Be prepared to discuss the BNS, BNSS, and BSA provisions in detail, including key section numbers (e.g., Section 479 BNSS, Section 121 BSA).
2. Case Law Integration: Questions frequently demand the incorporation of landmark judgments to substantiate legal principles.
3. Drafting Skills: The exam includes practical drafting exercises. Ensure you understand the procedural limitations and supporting case law for these applications.
4. Essays on Jurisprudence: Be ready to write philosophical essays connecting legal principles to modern jurisprudence using relevant statutory examples.

Conclusion

These are some question and asnwers for practicing your answer writing for Gujarat Juidiciary Mains examination. Explore our courses to get such quality materials.

By focusing on these core concepts, practicing order drafting, and ensuring a detailed understanding of the new criminal laws (BNSS, BNS, BSA), aspirants can confidently tackle the Gujarat Judiciary Mains Paper I and II. Good luck!