Basic law interview questions
Fundamentals, definitions and simple scenarios. Good for freshers and warm-ups.
1. What are the Fundamental Rights in the Indian Constitution?
Part III of the Constitution guarantees six groups of Fundamental Rights: the right to equality (Articles 14 to 18), the right to freedom (19 to 22), the right against exploitation (23 and 24), the right to freedom of religion (25 to 28), cultural and educational rights (29 and 30), and the right to constitutional remedies (Article 32). The right to property was removed as a Fundamental Right by the 44th Amendment and is now a constitutional right under Article 300A.
2. What are the essentials of a valid contract under the Indian Contract Act, 1872?
Under Section 10, an agreement is a contract if it is made with the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and is not expressly declared void. This means there must be a valid offer and acceptance, an intention to create legal relations, consideration, parties who are competent under Section 11 (adults of sound mind not disqualified by law), free consent without coercion, undue influence, fraud, misrepresentation or mistake, and certainty of terms.
3. What is the difference between a cognizable and a non-cognizable offence?
In a cognizable offence, such as murder, rape or robbery, the police can register an FIR, arrest without a warrant and investigate without a magistrate's permission. In a non-cognizable offence, such as simple hurt or defamation, the police need a magistrate's order to investigate and a warrant to arrest. Criminal procedure is now governed by the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced the CrPC from 1 July 2024.
4. What is the difference between a bailable and a non-bailable offence?
For a bailable offence, the accused has a right to be released on bail, and the police or court must grant it once the conditions are met. For a non-bailable offence, bail is not a right but is at the court's discretion, considering factors such as the seriousness of the offence, the evidence, the risk of the accused fleeing or tampering with evidence, and their criminal history. Non-bailable does not mean bail can never be granted.
Applied problems, trade-offs and questions about your own projects.
5. What are India's new criminal laws?
From 1 July 2024, the Bharatiya Nyaya Sanhita, 2023 replaced the Indian Penal Code, the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, and the Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act. Notable changes include community service as a punishment, new offences such as organised crime and terrorism in the penal code, recognition of zero FIRs and electronic FIRs, timelines for investigation and trial, wider use of electronic evidence, and mandatory forensic investigation for offences punishable with seven years or more.
6. What is Article 21, and how has it been interpreted?
Article 21 says no person shall be deprived of life or personal liberty except according to procedure established by law. In Maneka Gandhi v. Union of India (1978), the Supreme Court held that this procedure must be fair, just and reasonable. Since then Article 21 has been read to include the right to live with dignity, livelihood, a clean environment, health, speedy trial, legal aid and, in Justice K.S. Puttaswamy v. Union of India (2017), the right to privacy.
7. What is the basic structure doctrine?
In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that Parliament can amend any part of the Constitution under Article 368, but cannot alter or destroy its basic structure. Features recognised as part of the basic structure include the supremacy of the Constitution, democracy, secularism, federalism, the separation of powers, judicial review and the rule of law. The doctrine was applied again in cases such as Minerva Mills (1980).
8. What are writs, and what are their types?
Writs are orders issued by the Supreme Court under Article 32 and by the High Courts under Article 226 to enforce rights; the High Courts' power is wider, as it extends to other legal rights too. The five writs are habeas corpus (produce a detained person), mandamus (order a public authority to perform its duty), prohibition (stop a lower court from exceeding its jurisdiction), certiorari (quash an order already passed without jurisdiction) and quo warranto (question a person's right to hold a public office).
High level law interview questions
System design, deep internals, leadership and tough follow-ups.
9. How do you draft a legal notice?
A legal notice sets out the sender's and recipient's details; the relevant facts in clear chronological order; the legal basis for the claim, citing provisions where appropriate; the specific demand or relief sought; a reasonable deadline to comply; and the legal action that will follow if they do not. It should be precise, factual and free of defamatory language, signed by the advocate on the client's instructions, and sent by a method that gives proof of delivery.
10. What are the duties of directors under the Companies Act, 2013?
Section 166 requires a director to act in accordance with the company's articles; to act in good faith to promote the company's objects for the benefit of its members as a whole, and in the best interests of the company, its employees, shareholders, the community and the environment; to exercise duties with due and reasonable care, skill and diligence and independent judgement; to avoid conflicts of interest; not to make any undue gain; and not to assign their office. Breaches attract penalties and liability to repay any undue gain.
11. What is arbitration, and how is it different from litigation?
Arbitration is private dispute resolution under the Arbitration and Conciliation Act, 1996, usually based on an arbitration clause in the contract. The parties choose the arbitrators, procedure and venue, proceedings are confidential and usually faster, and the award is enforceable like a court decree. Courts can set aside an award only on limited grounds under Section 34. Litigation takes place in public courts, follows procedural law, and allows appeals, but often takes much longer.
12. How do you approach a new case that has just been assigned to you?
I read the brief and documents carefully, build a clear chronology of facts and identify the legal issues. I check limitation and jurisdiction early. Then I research the applicable statutes and recent precedents on databases such as SCC Online or Manupatra, evaluate the strength of the evidence on both sides, and identify gaps. I discuss the strategy and realistic outcomes with the client and seniors, then start drafting the pleadings or opinion.