Legal Reasoning ,Practice Set-2 (Law of Contracts)

Legal Reasoning for CLAT,  Practice Set-2 (Law of Contracts)

Here we are providing you a compilation of great questions to help you prepare effectively for CLAT. Legal Reasoning for CLAT, AILET, and other Law Entrance Exams.

This practice set is based on Criminal Law, the questions are in hypothetical nature, relevant for CLAT, AILET, MHCET, and other Law Entrance Examinations.

Here is a snippet of the question, important for CLAT, and other Law Entrance Exams.

Legal Principle: An Agreement made with the intention of entering into legal relationship give rise to a contract. (From CLAT Gurukul All India Mock Test Series))

Factual Situation: Mr. Mukesh invites Mr Vijay to a dinner at a hotel. Mr. Vijay accepts the invitation. It is purely a social agreement. Mr Vijay fails to arrive at the dinner and finds out that Mr Mukesh has to go out and is not available at his place at the dinner time due to some important work.
Issue: is Mr Vijay liable for the non-performance of contract with Mr Mukesh
(a) Mr Vijay is liable because he has not performed the content.
(b) Mr Vijay is not liable because there was no contract; it was just a social agreement.
(c) it will be the discretion of the court.
(d) None of these.

 

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Legal Reasoning for CLAT,  Practice Set-1 (Criminal Law)

Legal Reasoning for CLAT,  Practice Set-1 (Criminal Law)

Here we are providing you a compilation of great questions to help you prepare effectively for CLAT. Legal Reasoning for CLAT, AILET, and other Law Entrance Exams.

This practice set is based on Criminal Law, the questions are in hypothetical nature, relevant for CLAT, AILET, MHCET, and other Law Entrance Examinations.

Here is a snippet of the question

“Legal Principle (1-10) :

  1. Whoever intended to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.
  2. Whoever, intentionally puts any person in fear on any injury to that person, or to any other, and thereby dishonestly induces the person so put an fear to deliver to any person any property of valuable security, or anything signed or sealed which may be converted into a valuable security, commits ‘extortion’.
    Factual Situation: A finds a ring belonging to Z on a table in the latter’s house and puts the same under the carpet there with the intention of taking it afterwards. The ring still lies in the house f Z undetected. Later A, by a change of mind, decides not to take the ring. Has he committed
    any crime?

Issue: What offence, if any, has been committed?

(a) A is not guilty of theft as he had changed his mind.
(b) It is a case of criminal misappropriation.
(c) A at time of first moving the ring commits the theft, it does not mater hat he later changes his mind
(d) None of these.

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Legal Reasoning for CLAT, Passage- Death row convicts

It is strange that the government wants the Supreme Court to frame a rule imposing a
seven-day limit on the time that convicts have to file a mercy petition after a death warrant is issued. And that courts, governments and prison authorities should all be mandated to issue death warrants within seven days of the rejection of mercy petitions and to carry out the sentence within seven days thereafter. On the need for a time limit for filing curative petitions, the government is right in believing that the absence of such a stipulation gives scope for convicts in the same case to take turns to file such petitions. However, there is no sign that the apex court delays disposal of curative petitions. If and when one is filed, it results in no more than a few days’ delay. In a country that unfortunately retains the death penalty, there is no excuse for delaying the disposal of any petition, either in court, or before constitutional functionaries. Nor is there any need to expedite executions by revisiting sound guidelines. As the death penalty is limited to the “rarest of rare” cases, nothing is lost if those facing execution are allowed to exhaust all possible remedies.

 

1. Instigating a person to cause death and all the results of instigation amounts to murder. A man was chasing his wife with a stick intending to hit her and threatening to kill her. She in a hurry jumped out of a window and died as a result. Can the man be held liable for the death of the woman?

(a) The intention to actually cause the death of the woman cannot be attributed to the man.
(b) The man did not have knowledge of the fact that the woman would jump out of the window and as a result die. He cannot be held liable.
(c) The man should be held liable for her murder, because of his instigation.
(d) It is a case of suicide and not murder.

 

2. Unexplained/unreasonable/inordinate delay in disposal of mercy petition is one of the circumstances for commutation of death sentence to life imprisonment. Aastha, wife of Naman, filed the present Curative Petition, wherein she prayed for setting aside the death sentence imposed upon Naman by commuting the same to imprisonment for life on the ground of delay of 8 years in disposal of mercy petition. Will Aastha’s challenge succeed?

(a) No, since 8 years cannot be considered as the circumstances for commutation of death sentence to life imprisonment.
(b) Yes, since 8 years can be considered as a violation of the dignity and right to life.
(c) No, since Aastha has the statutory right to file the Curative Petition.
(d) Yes, since there was strong and sufficient ground of unexplained/inordinate delay of 8 years in disposal of mercy petition.

 

3. A curative petition is lodged on a grave error of law to undo a blatant error of law or its application. Sundar was convicted of murder. He was convicted by Sessions court. He appealed to the High Court but all evidence was against him so he lost in High Court. He appealed in Supreme Court but lost again due to lack of evidence. Now he wished to lodge a curative petition because he thinks the Supreme Court did not think properly on his matter. If Sundar challenges this decision, based only on the information set out in the given passage and in this question, will he succeed?

(a) Sundar can file a curative petition.
(b) Sundar can file a curative petition before the President of India.
(c) Sundar cannot file curative petition as his conviction is in a case of murder.
(d) Sundar cannot file a curative petition as there is no mistake of law.

 

4. All citizens shall have the right of freedom to practice any profession. A restriction which destroys the very right to freedom guaranteed under the constitution shall be considered an unreasonable restriction. Death trials have always been considered to be dehumanising as it often causes grave mental harassment to the accused. Parliament in order to prevent such harassment passed a law banning lawyers to be part of Death trials. If lawyers challenge this decision, based only on the information set out in the given passage and in this question, are the restrictions justified?

(a) Restriction is justified as it is in interest of public morality and decency.
(b) Restriction is justified as it is for the benefit of the accused group, as they are also human beings.
(c) Restriction is unreasonable as it defiles the very freedom to practice.
(d) Restriction is invalid as it discriminates between the accused who got death penalty and who got live imprisonment.

 

5. No man shall be deemed as a criminal until and unless proved beyond reasonable doubt. Ahem, a famous fashion designer was found murdered and the circumstantial evidence strongly pointed out towards Amisha. A vicious propaganda was launched against her, by certain media houses deeming him to be a murderer and a psychopath. Judgment delivered holding her guilty. If Amisha files a curative petition challenging the judgment being influenced by these acts of the media houses, will she succeed?

(a) Yes, because the media houses were targeting her unnecessarily.
(b) No, because whatever they were saying was probably true.
(c) No, because the media has a right to enlighten people about events happening around the world.
(d) Yes, because until and unless, her guilt was proved before a competent court of law, she could not be deemed to be the culprit.

 

 

 

 

 

 

 

 

1. Ans. (c)The man has necessitated the woman to act in this manner, and his threatening has caused her to jump from the window. Therefore, he should be held liable for her murder due to instigation. Therefore, only sound choice is option (c).

 

2. Ans. (d)There was an unexplained delay of 8 years (which is a long time). Hence, option (d) is the correct answer. Option (b) and (c) are out of scope of the line of questioning.

 

3. Ans. (d)Sundar cannot file a curative petition as there is no mistake of law as the facts clearly state that he lost due to lack of evidence.

 

4. Ans. (c)This restriction is patently illegal as it violates the right of freedom to practice law and is unreasonable. In this case the parliament can impose restriction on death penalty as a punishment.

 

5. Ans. (d)

Legal Reasoning for CLAT, Passage- Reservations in Jobs

Article 14 of the Constitution guarantees equality before law and equal protection of laws to everyone. Similarly, Article 16(1) and 16(2) assure citizens equality of opportunity in employment or appointment to any government office. Article 15(1) generally prohibits any discrimination against any citizen on the grounds of religion, caste, sex or place of birth. Articles 15(4) and 16(4) state that these equality provisions do not prevent the government from making special provisions in matters of admission to educational institutions or jobs in favour of backward classes, particularly the Scheduled Castes (SCs) and the Scheduled Tribes (STs). Article 16(4A) allows reservations to SCs and STs in promotions, as long as the government believes that they are not adequately represented in government services.
A five-judge apex court bench, as early as 1962 in the M.R. Balaji v. State of Mysore had ruled that Article 15(4) is an “enabling provision”, meaning that “it does not impose an obligation, but merely leaves it to the discretion of the appropriate government to take suitable action, if necessary”.

 

Five years later, in 1967, another five-judge bench in C.A. Rajendran v. Union of India reiterated this position, holding that the government is under no constitutional duty to provide reservations for SCs and STs, either at the initial stage of recruitment or at the stage of promotion. The apex court has now re-iterated that Articles 16(4) and 16(4A) do not confer any fundamental rights to claim reservations in promotion. It is for the state government to decide whether reservations are required for appointment and promotions to public posts, it said.

 

“It is settled law that the State Government cannot be directed to provide reservations for appointment in public posts. Similarly, the State is not bound to make reservations for Scheduled Castes and Scheduled Tribes in matters of promotions,” it observed. However, if the state government does want to exercise this discretion and provide reservations, it would have to first collect quantifiable data showing inadequacy of representation of that class in public services.

 

It further ruled that since Article 16(4) and 16 (4A) do not provide a fundamental right, courts cannot issue a direction to the state government to provide reservations. It clarified that since the state government had decided not to provide reservations, it did not have to collect quantifiable data at all.

 

1. The recent SC ruling can be summarized as

(a) State governments have no responsibility to collect quantifiable data if they do not want to provide reservation in the first place.
(b) Decision to provide reservation in promotion is a subjective one and the courts cannot direct state governments to provide for the same.
(c) Both (a) and (b).
(d) Nether (a) nor (b).

 

2. For Constitutional Jurisprudence, what can be concluded from the above?

(a) Only the SC can harmoniously resolve conflicts between Fundamental Rights
(b) The state cannot violate fundamental rights of individuals.
(c) Both (a) and (b)
(d) None of the above

 

3. The Central Govt. wants to provide reservation in promotion to SC and ST across the country as a Fundamental Right. Advice.

(a) The Govt cannot do anything as SC has already decided the matter.
(b) The Govt needs to amend Article 14 and provide reservation as an exception to it.
(c) The Govt needs to amend Article 16 and change it from an enabling provision to a mandatory one.
(d) The Govt cannot do anything as it will violate article 14 and 15 of the constitution.

 

4. The Prayag Group Pvt. Ltd. is the biggest company of India. It is mainly represented by Gujarati upper caste Hindus. A petition is filed before the SC to direct the Reliance group to ensure reservation in promotion to the vulnerable sections of society. Decide.

(a) The petition will be allowed as it is paramount that members of Indian society should be represented in the biggest company of India.
(b) The petition will be rejected as Reliance Group is not a State and Fundamental rights will not apply to it.
(c) The petition will be rejected as Reservation is promotion is not a fundamental right.
(d) The petition will be allowed as Mr Ambani is a true patriot and will support assertive action.

 

5. State A wants to provide reservations to SC and ST in promotion. Counsel them based on the SC ruling.

(a) State A cannot provide reservation in promotion as it violates Article 14 and 15.
(b) State A need to first collect quantifiable data showing inadequacy of representation of that class in public services.
(c) State A need to first enact a legislation that is assented by the President of India to enable them to provide reservation in promotions.
(d) State A cannot provide as it needs the Central Govt. to make a constitutional amendment for that to happen.

 

 

 

 

 

 

 

 

 

1. Ans. (c) Both (a) & (b) are correct as the SC held that reservation in promotion is not a fundamental right and also the state has no responsibility to collect quantifiable data to ascertain the need of it either.

 

2. Ans. (c) The SC is the final adjudicating body of the country as per the constitution and therefore can deliberate upon the matters relating to Fundamental Rights. Additionally, the State cannot make laws that violate fundamental rights of the individuals. Thus both (a) & (b) are correct.

 

3. Ans. (c) As interpreted by the SC, the law for reservation in promotion is not a fundamental right. To make a provision for the same the government has to amend the constitution to provide for the same. Option (b) is not correct as reservations are already an exception to Article 14 which has been provided for under article 16 already. Option (c) is more specific as it deals with reservations under which reservation in promotion is already an enabling provision.

 

4. Ans. (b) The petition will be rejected as Fundamental Rights are only available against the State. Prayag group is a Private Limited company and fundamental rights cannot be guaranteed against private individuals or companies.

 

5. Ans. (b) As reservation in promotion is an enabling fundamental right, prior to enabling the same, a state has to collect and provide quantifiable data to establish the need for the same. Option (a) is opposite of what the passage is trying to say. Option (c) and option (d) are out of scope.

Legal Reasoning Practice Set-1

Under cover of darkness, and with the aid of police, two women in their 40s prayed at the Sabarimala temple in Kerala on Wednesday – avoiding thousands of protesters who have stopped others doing so. The day before, a chain of hundreds of thousands of women stretched 620km across the southern state, supporting the right to enter the shrine. Three months after the Indian supreme court’s landmark ruling lifted the bar on their entry, and years after the dispute began, this will not end the matter; violent protests erupted after the visit.

 

While many Hindu temples bar women who are menstruating, regarding them as unclean, Sabarimala has historically barred all women between 10 and 50 years old. Supporters of the ban argue that this respects the wishes of the deity enshrined there, Lord Ayyappa, who took an oath of celibacy. But it has been challenged repeatedly. Religious faith is deeply rooted. Many women have objected to granting women access. The only supreme court judge to dissent on the ruling (the sole woman) argued that a secular polity should not ordinarily interfere with religious practice, even if irrational.

 

But tradition and religion are not only a matter of beliefs shared by a community; they embody its power relations. Men are most often those who decree the acceptable boundaries of belief and practice, and are frequently swift to reject any challenge as the result of outside interference. The supreme court ruling – the latest of several bold and commendable judgments – makes it clear that it is precisely about the right of Hindus, in this case women, to practise their religion as they believe they should.

 

Women seeking to visit the shrine see not faith but misogyny as the obstacle. They understand that tradition and belief evolve. Temple entry campaigns have been a powerful part of broader social reform movements; these campaigners have bravely taken on patriarchal norms in a society that has often enforced them through violence and where political leaders have offered little leadership. The relatives of one visitor are reportedly in a safe house. Conflicting and deeply held beliefs are not quickly reconciled. Yet the supreme court gave politicians an opportunity to advance much-needed social reform.

 

1. Akhil was a professor of Gender and Rights in NLSIU. Since Sabrimala was much discussed those days, he decided to educate the future lawyers on the same. After reading the passage, what are the reasons which stopped women of menstruating age from entering temples?

(a) Women are quite fragile and may not be able to climb temples located on mountains like the Sabrimala Temple of Kerala.
(b) Women themselves never wanted to go to temple as during ancient and medieval times they were primarily responsible for household chores.
(c) Patriarchy and age-old beliefs which developed into culture and got enforced in Hindu society.
(d) There was a Central Law which prohibited any women from entering temple in India.

 

2. Akhil, after discussing the history of Gender rights moved on to the present case. He wanted to elucidate the legal aspect of the judgment. If you were Akhil, what could be most logically inferred, about the author’s views, on the Supreme Court ruling on Sabarimala Temple?

(a) The author is unhappy and wishes the Central government to undo the ruling by passing a legislation.
(b) The author is unhappy and wishes the State government to undo the ruling by passing a legislation.
(c) The author is confused and does not espouse any view.
(d) The author supports the Supreme Court’s ruling and sees it as a way of women emancipation.

 

3. After the Supreme Court ruling, Radha, a young female child of 5 years, is going to the Sabrimala Temple along with her mother who is 35 years old. Will they be allowed to go inside?

(a) No, both can be legally stopped from entering the temple.
(b) Yes, both cannot be legally stopped from entering the temple.
(c) Only Radha will be allowed as she is below the menstruating age.
(d) Yes, as Radha is too young to go alone and hence needs an additional accompanying person.

 

4. Subsequent to the Supreme Court ruling on Sabarimala Temple, suppose the Indian Parliament makes a law which allows women of all ages to go to the Sabarimala Temple. What legal consequence would such a law have?

(a) In practice there would be no difference as the Supreme Court has already allowed women entry to the temple.
(b) The law would provide additional protection to women of menstruating age to enter the Sabarimala Temple.
(c) The law is unconstitutional as Parliament is not empowered to make laws on matters which have been settled by the Supreme Court.
(d) The law will impinge upon the judiciary’s powers under the constitution.

 

5. Daya is an NRI. She is living in Nepal. There is a temple in Nepal where women of menstruating age are not allowed. Can she visit the temple following the Indian Supreme Court ruling?
(a) No, as she is of menstruating age.
(b) No, as the Supreme Court’s ruling applies only in Indian territory.
(c) Yes, as it is discrimination based on gender alone.
(d) Yes, as Indian judicial decisions have a persuasive value in Nepalese constitution.

 

1. Ans. (c) Patriarchy and age-old beliefs which developed into culture and got enforced in Hindu society. The author clearly mentions that rules were made by men during olden days. Moreover, in the second paragraph he points out that deities’ wishes were also a reason as in the case of Lord Ayyappa. Option (a) is out of passage. Option (b) cannot be inferred from passage. Option (d) is self-contradictory.

 

2. Ans. (d) The author supports the Supreme Court’s ruling and sees it as a way of women emancipation. All through the passage the author is impliedly appreciating the Supreme Court ruling. Towards the end of the passage he clearly mentions that it is a much-needed social reform. Hence, option (c) is not correct. Since the author is happy with the Supreme Court decision, he does not support any law to undo it whether by Central or State governments. So, options (a) and (b) are respectively incorrect.

 

3. Ans. (b) Yes, both cannot be legally stopped from entering the temple. The Supreme Court ruling clearly allowed women to enter the Sabrimala Temple irrespective of their age. So, option (a) and (c) are incorrect. Option (d) is not patently incorrect but option (b) is more appropriate compared to option (d).

 

4. Ans. (a) In practice there would be no difference as the Supreme Court has already allowed women entry to the temple. Judgement given by the Supreme Court acts as law throughout the country. Hence, a legislation would legally make no difference. Hence, option (b) is incorrect. Option (c) and (d) are incorrect as Parliament has power to legislate on judicially decided matters and this does not mean impinging of judicial powers.

 

5. Ans. (b) No, as the Supreme Court’s ruling applies only in Indian territory. None of the remaining options are correct as option (b) is correct. So, whether Daya is of menstruating age or there is discrimination based on gender alone is irreverent. Option (d) is not correct as persuasive value may be accepted or rejected.

Legal Reasoning for CLAT, Passage- Right to Internet Access

Right to Information and Right to Know are important aspects of freedom of speech and expression and the internet is at present the greatest supplier of information, if not of knowledge. It facilitates Right to Information; hence it has been equated with fundamental rights. The telephone and the internet are means of expression because a person talking on the phone or communicating through the internet exercises his right to freedom of speech and expression. The Supreme Court did not examine whether access to the internet is a fundamental right as this issue was not raised by the petitioners. However, it was held that “Freedom of Speech and Expression through the medium of internet is an integral part of Article 19 (1)(a)” and the Supreme Court has thus formalised access to the internet as a part of fundamental rights and has held that the government cannot deprive citizens of any fundamental right, except under certain conditions. This ruling came during a hearing of a plea in connection with the internet blockade in J&K since August 5, 2019, after the revocation of Article 370. Our Constitution guarantees freedom of speech and expression as a fundamental right for all citizens under Article 19(1)(a). The latest expansion of this right makes this constitutional provision keep pace with innovation of technology in as much as the internet has become the primary source of information for millions of citizens. The State can make laws for imposing restrictions on the right to freedom of speech in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign states, public order, decency or morality or in relation to contempt of court, defamation or incitement to offence. Section 144 of the CrPC authorises executive magistrates to take preventive steps for the prevention of breach of peace. These include ban on assembly of more than four persons, ban on processions, use of water cannon and even curfew and shoot-at-sight orders. It has to be seen whether such orders affect freedom of speech. The Supreme Court has said that prohibitory orders issued under Section 144, CrPC, cannot be used indefinitely to suppress freedom of speech and expression. The freedom of the press, as part of freedom of speech and expression, is a valuable and sacred right, hence magistrates, while passing prohibitory orders under Section 144, CrPC, should apply their mind and follow the doctrine of proportionality. Such orders cannot be used to quell dissent, and repetitive clamping of such orders may amount to abuse of powers. Such orders should be revoked if no longer required, in accordance with the preventive spirit of the law.

 

1. The government imposed an emergency in the state of Panjir due to compelling circumstances of militancy, anti-state and subversive activities and horrid instances of communal violence. A particular community X was being targeted. There were instances where the militants would track down the GPS location of members of X and go on a rampage attacking the community. Inflammatory messages were being circulated on WhatsApp against the community. One such message read that people belonging to X, should be shot at sight. The communal clashes worsened. Soon, the internet was completely suspended and Section 144 of CrPC was invoked to keep a check on such activities. The ban on the internet created a situation of misery among the heavily web-dependent population. People were not able to communicate to their family members residing outside the state. The media in such a state of suspension of the internet could not report live from the state. A public-spirited person filed a petition under Article 32 alleging that the internet ban was unreasonable and a violation of his fundamental right to expression.

(a) The internet ban is unconstitutional.
(b) The internet ban is justified as the government has imposed an emergency.
(c) The internet ban is justified in the wake of the compelling situation of the state.
(d) The ban should be lifted.

 

2. The government imposed an emergency in the state of Panjir due to compelling circumstances of militancy, anti-state and subversive activities and horrid instances of communal violence. A particular community was being targeted. Inflammatory messages were being circulated on WhatsApp against the community. The communal clashes worsened. Soon, the internet was completely suspended and Section 144 of CrPC was invoked to keep a check on such activities. The ban on the internet created a situation of misery among the heavily web-dependent population. People were not able to communicate to their family members residing outside the state. The media in such a state of suspension of the internet could not report live from the state. However, the emergency lasted for 6 months and normalcy was soon restored. The situation became peaceful. However, the state fearing that violence may flare up again continued the internet ban. A public-spirited person filed a petition under Article 32 alleging that the internet ban was unreasonable and a violation of his fundamental right to expression.

(a) The ban is no longer justified as normalcy has been restored.
(b) The ban is justified as there is a reasonable apprehension of relapse of violence in the state.
(c) The ban should be lifted as the emergency has been lifted.
(d) Both (a) and (c)
3. The Mandira Bedi government imposed an emergency in the country as a subterfuge to postpone the impending elections. They also invoked Section 144 of CrPC throughout the country. However, the Supreme Court exercising the power of judicial review suspended the order and lifted the emergency. Section 144 of CrPC was consequently revoked. However, some of the states continued the invocation of Section 144 because of the persistent tension in those state. Choose the best outcome:
(a) The decision of the state is unjustified as the Supreme Court has declared the emergency to be unconstitutional.
(b) The decision of the states to continue Section144 is justified due to the circumstances of prevailing in the states.
(c) The invocation should not be indefinite and should be lifted once the tensions ease.
(d) Both (b) and (c)

 

4. The Central Legislation passed a controversial bill on transgender rights. In the wake of the Transgender Act 2020, all transgenders united and issued strong condemnation for the same on social media. One such NGO, Taaz Foundation issues a statement on its social media page, calling upon all citizens to express their discontent in the form of a candlelight march on 25th February 2020 at India Gate. Fearing state wide protest, the govt invoked Section 144 in the National Capital. A petition was filed before the High Court of the state:
(a) The invocation Section 144 is justified as there can be reasonable apprehension of disruption of public order.
(b) The invocation of Section 144 is disproportional to the state of affairs.
(c) The invocation of Section144 can be removed after 25th February.
(d) None of the above.

 

5. The state of Modiana restricted certain websites stating them to be obscene and unpalatable to the taste of the modest public of the State. Consequently, such websites would be suspended and could only be accessed within a specific time slot. The state decision is:
(a) Arbitrary as it falls outside the scope of reasonable restrictions
(b) Justified on the grounds of reasonable restrictions
(c) Banning porn website is good for the taste of the modest Indians
(d) Violative of freedom of expression

 

 

 

 

 

 

 

CLAT Gurukul
1. Ans. (b) Option (b) is not the correct answer because the internet cannot be banned merely on the condition of a state-imposed emergency. This emergency very well could be arbitrary. However, the ban has to stand the test of proportionality as given in the passage. The ban is justified because the situation is compelling. The internet was being used as a mode of committing violence.

 

2. Ans. (a) The passage states that prohibitory measures shall not last indefinitely. It does not say that as soon as the emergency gets over the prohibitory measures can be lifted. One has to take note of the circumstances. In the present situation, peace was restored therefore the ban is no longer justified.

 

3. Ans. (d) Refer to the lines, “Section 144 of the CrPC authorises executive magistrates to take preventive steps for the prevention of breach of peace. … The Supreme Court has said that prohibitory orders issued under Section 144, CrPC, cannot be used indefinitely to suppress freedom of speech and expression.”

 

4. Ans. (b) Here, the Taaz Foundation is only asking for a solidarity statement and support. It can’t be reasonably held that such protests will have an effect on state security. Thus, option (b) is the right answer.

 

5. Ans. (b) The government has only regulated the website and prescribed a certain time slot. Moreover, according to the passage, the State can make laws for imposing restrictions on the grounds of decency or morality

Legal Reasoning for CLAT, Passage- The Right to Information Act, 2005

CLAT Gurukul

In modern constitutional democracies, it is axiomatic that citizens have a right to know about the affairs of the Government which, having been elected by them, seeks to formulate sound policies of governance aimed at their welfare. Democracy, therefore, expects openness and openness is a concomitant of a free society. Sunlight is the best disinfectant. But it is equally important to be alive to the dangers that lie ahead. It is important to realise that undue popular pressure brought to bear on decision-makers is Government can have frightening side-effects.
In a government of responsibility like ours, where all the agents of the public must be responsible for their conduct, there can be few secrets. The people of this country have a right to know every public act, everything, that is done in a public way, by their public functionaries. They are entitled to know the particulars of every public transaction in all its bearing. The right to know, which is derived from the concept of freedom of speech, though not absolute, is a factor which should make one wary, when secrecy is claimed for transactions which can, at any rate, have no repercussion on public security.

 

The Right to Information (RTI) Act has been a powerful instrument in the hands of people to ensure transparency in the decision-making process. There are a number of cases where this right has been used by the people to get better civic facilities, cut down red-tape and delay in decision making and punish the corrupt. State governments have taken steps to come out with a public service charter that fixes time limits to the government departments for providing services to the people. This is expected to address a number of grievances of people arising from delayed delivery of public services which often lies at the root of corruption and inefficiency.

 

1. Which among the following is the most logical inference to the above passage?

(a) Inculcating participatory decision-making and citizen centric administration in an organisation will allow for better delivery of services.
(b) Each government organ is susceptible to corruption and to avoid this there must be complete transparency in all governmental processes.
(c) The availability and quality of civic services is the keystone of good governance and this is not possible unless the civil servants are held accountable through well written laws.
(d) Delayed delivery of services and corruption are only possible because of the flexibility and opaqueness of laws which allow the lawmakers to function with impunity.

2. Keshav appeared for the Board Examination. When he got the mark sheet, he was disappointed with his marks. He thought that he had done well in the examination but his answer-books were not properly valued and that improper valuation had resulted in low marks. Therefore, he made an application for inspection and re-evaluation of his answer-books. Board rejected the said request. If this is true, then, based on the author’s reasoning in the passage above:

(a) Request deserves to be rejected. Board ensures complete fairness and uniformity to eliminate the chances of subjectivity.
(b) If the request is accepted then it will create confusion and chaos, subjecting its elaborate system of examinations to delay and disarray.
(c) Opening the copies to public scrutiny would interfere with its effective and efficient functioning.
(d) Copies should undergo proper inspection and re-evaluation. The right to information is a cherished right. Releasing the copy for scrutiny will bring in transparency and accountability.

 

3. It is witnessed neither the Central Government nor the State Government are filling the vacancies for the appointment of Commissioners in a timely manner. As a result, the functioning of RTI Act is stifled. It is leading to huge backlogs of appeals and complaints in many Commissions across the country. What, according to the author, would be the effect of not filling the vacancies:

(a) Vacancies will not have any impact on the effectiveness of the RTI.
(b) Vacancies can have a debilitating impact on the proper implementation of the RTI.
(c) Vacancies can be set off by managing the dockets of RTI cases. Management of the cases is the key.
(d) Vacancies need to be maintained otherwise speedy resolution of cases can have frightening side-effects on the Government.

 

4. Parliament has passed The Right to Information (Amendment) Bill which seeks to give the government powers to fix salaries, tenures and other terms and conditions of employment of information commissioners. Based on the inference drawn, what should be the author’s stand on the amending Act:

(a) Amending Act will be supported because it is aimed at streamlining functioning.
(b) Amending Act will not be supported because the right to know is an integral part of the Right to life.
(c) Amending Act will be supported provided the government formulates the rule expeditiously.
(d) Amending Act will not be supported because it may undermine the law and the government can hire and fire independent information commissioners.

 

5. The Official Secrets Act and National Security Act is sought to be repealed. Both the Acts contain the provisions relating to official secrets. These statutes are time tested legislations securing India’s sovereignty and Integrity. If this is true, then, based on the author’s reasoning in the passage above:

(a) Repealing Acts will be opposed because both the Acts are significant instruments in maintaining the external and internal security.
(b) Repealing Acts will be supported because the right to know and information will become an absolute right thus advancing the democratic goals.
(c) Repealing Acts will be supported because the RTI Act is paramount with respect to any security legislation.
(d) Repealing Acts will be opposed because it may undermine the security of the Nation and RTI is not an absolute and unhindered right.

 

 

 

 

 

 

CLAT Gurukul

1. Ans. (a) Option (a) is the correct choice. Option (b) is incorrect as there is no implication that all governmental actions require absolute transparency in the passage. Option (c) is incorrect because of the phrase ‘this is not possible’ as there may be other ways to achieve the same. Option (d) incorrectly singles out flexibility and opaqueness of laws but there could be other institutional reasons for delays as well.

 

2. Ans. (d) Given answer encompasses the substance of the Right to information. Paragraph 4th mentions “The Right to Information (RTI) Act has been a powerful instrument in the hands of people to ensure transparency in the decision-making process.” Going by the reading of this line the only appropriate option is choice (d).

 

3. Ans. (b) Central idea of the passage is that the steps are to be taken to strengthen the RTI. It is axiomatic that vacancies in any institution lead to arrears and backlog. Therefore, only sound choice is option (b).
4. Ans. (d) Central idea of the passage is that the steps are to be taken to strengthen the RTI. It is given that through the Amending Act there is conferred huge power in the government. Government may abuse the same. Therefore, only sound choice is option (d).

 

5. Ans. (d) Option (d) is the correct choice. Option (d) correctly identifies the idea from the line mentioning that “The right to know, which is derived from the concept of freedom of speech, though not absolute, is a factor which should make one wary, when secrecy is claimed for transactions which can, at any rate, have no repercussion on public security.”

(17) Use of facial recognition in Delhi rally sparks privacy fears

The SC in the case of Puttuswamy vs UOI dealt with the question of reasonable restrictions. It provides us of the test used for all restrictions on Article 21, under which privacy is being read.

 

“The first requirement that there must be a law in existence to justify an encroachment on privacy is an express requirement of Article 21. For, no person can be deprived of his life or personal liberty except in accordance with the procedure established by law. The existence of law is an essential requirement.”

 

“Second, the requirement of a need, in terms of a legitimate state aim, ensures that the nature and content of the law which imposes the restriction falls within the zone of reasonableness mandated by Article 14, which is a guarantee against arbitrary state action. The pursuit of a legitimate state aim ensures that the law does not suffer from manifest arbitrariness.”

 

“The third requirement ensures that the means which are adopted by the legislature are proportional to the object and needs sought to be fulfilled by the law. Proportionality is an essential facet of the guarantee against arbitrary state action because it ensures that the nature and quality of the encroachment on the right is not disproportionate to the purpose of the law.”

 

The government also needs to identify its legitimate aims. “The legitimate aims of the state would include for instance protecting national security, preventing and investigating crime, encouraging innovation and the spread of knowledge, and preventing the dissipation of social welfare benefits,” the order says.

 

Police in Delhi used facial recognition software to screen crowds at a recent political rally – a first for India – raising concerns about privacy and mass surveillance amidst nationwide protests against a new citizenship law.

 

The Automated Facial Recognition System (AFRS) software that the Delhi Police had installed to identify missing children, was used at Prime Minister Narendra Modi’s rally on Dec. 22, a police spokesman said on Monday, without giving further details.

 

The use of the system for profiling and surveillance at public congregations is illegal and unconstitutional. It is an act of mass surveillance. From building an underlying database of people from public protests to running it on crowds of people attending rallies, this directly impairs the rights of ordinary Indians from assembly, speech and political participation,” he said.

 

Delhi Police assures that best industry standard checks and balances against any potential misuse of data are in place. Racial or religious profiling is never a relevant parameter while building these datasets,” the Delhi Police spokesman.

 

1. The Indian Government extended the ban on websites uploading child pornography as per IPC provisions. The director of a website filed a petition against the order before the SC challenging the same. Counsel the director on his line of argument.

(a) The ban is invalid as it is not proportionate to purpose to the problem before the government.(b) The ban is invalid as it does not pursue a legitimate aim.
(c) Director should withdraw as he will face societal backlash.
(d) Both (A) and (B).

 

2. The govt decided to ban websites with child pornography in line with measures of IPC which also criminalise sexual acts against children. The IPC imposes rigorous imprisonment up to 10 years for sexual crimes. Owners of website if found in violation of the new law shall be given a blanket death penalty.

(a) The law is invalid as it is not provided by law.
(b) The law is invalid as it does not pursue a legitimate aim.
(c) The law is invalid as the restriction is not proportionate to the aim of the law.
(d) The law is valid and the petitioner should withdraw the petition.

 

3. There has been a rise of fake news over social messaging apps. The apps have also been hacked by terrorists recently. The Govt. decided to ban all internet based social messaging apps. A files a petition challenging the law. Choose the line of argument that is most likely to stand in support of the petition to challenge the law.

(a) The law is invalid as it does not pursue a legitimate aim.
(b) The law is invalid as the restriction is not proportionate to the aim of the law.
(c) Both (A) and (B).
(d) None of the above.

4. The Indian Government recently imposed a complete lockdown of the country due to the outbreak of Coronavirus. No one in the country is supposed to move outside their houses including doctors and nurses even for emergency situations. Decide the legality of the action.

(a) The action is not pursuing a legitimate aim as absolute lockdown is harmful for those who are already infected with no scope for their treatment available.
(b) The action is not proportionate as it imposes an absolute lockdown even on emergency situations.
(c) Both (A) and (B).
(d) The action is illegal as Coronavirus is a global pandemic.

 

5. The government had no law in place to provide for datasets of facial recognition. What test of privacy does this violate if it does so?

(a) The restriction is not proportionate.
(b) The restriction is not provided by law.
(c) The law does not possess a legitimate aim.
(d) Does not violate Right to Privacy.

 

1. Ans. (d) The question is about the line of argument for a client. To uphold a ban, the law has to be provided by law, pursuing a legitimate aim and proportionate to the aim sought. Thus, (A) and (B) are valid lines of argument against the state’s ban on websites. Option (c) is irrelevant. Hence, (d) is the correct answer.

2. Ans. (c) The question is about the line of argument for a client. To uphold a ban, the law has to be provided by law, pursuing a legitimate aim and proportionate to the aim sought. Herein, the punishment is disproportionate as for committing the same sexual crime, a perpetrator is given rigorous imprisonment but the owner of website where the content is uploaded is given death penalty. Thus, option (c) is the most likely line of argument to succeed before the SC.

 

3. Ans. (c) The question is about the line of argument for a client. To uphold a ban, the law has to be provided by law, pursuing a legitimate aim and proportionate to the aim sought. Herein, the problem is the spread of fake news but the government has decided to ban all social media websites. It is a blanket ban which is not pursuing a legitimate aim and is disproportionate, thus both (A) and (B) are correct.

 

4. Ans. (c) To challenge a ban, it has to be provided by law, pursuing a legitimate aim and proportionate to the aim sought. Herein, the ban is absolute with no provision for emergency services. This is self-defeating for its legitimate aim and also disproportionate as the medical staff and other essential services are not being permitted. Thus, both (A) and (B) are correct.

 

5. Ans. (b) To limit a fundamental right, it has to be provided by law, pursuing a legitimate aim and proportionate to the aim sought. Herein, the government had no law for facial datasets which violates the first test, i.e. provided by law. Thus option, (B).

Legal Reasoning for CLAT, Passage- Labour Code on Industrial Relations Bill

On November 21, 2019, the Union Cabinet approved the introduction of Industrial Relations Code, 2019. This is the third code under labor reforms. Under the new code, forty-four laws are to be amalgamated into four codes. The four codes include wage rates, industrial relations and industrial security and labor welfare. The code intends to simplify and rationalize the Trade Union Act, 1926, Industrial Disputes Act, 1947, Industrial Employment Act, 1946. The code also features a two-member tribunal to fasten the disposal of cases. The code allows the companies to hire fixed-term contract workers. It defines fixed-term employment as a worker who can be hired for a duration of 3 months or 6 months or a year based on the season and orders. With the amalgamation of the laws, the process of registration and filing of returns will get streamlined. The process will help in improving ease of business and hence employment will increase. With the amalgamation of labor laws, the GoI intends to bring maximum governance with minimum laws. States like Andhra Pradesh, Assam, Haryana, Jharkhand, Madhya Pradesh, Rajasthan, Uttarakhand and Uttar Pradesh, where the threshold has been enhanced from 100 to 300 workers by state amendments, have been protected in the Code. The Code also proposes setting up of a “re-skilling fund” for training of retrenched employees. The retrenched employee would be paid 15 days’ wages from the fund within 45 days of retrenchment. An industrial establishment will have to contribute an amount equal to 15 days’ wages or such other days as may be notified by the central government, to this fund for every worker retrenched. The labor ministry is of the view that the proposed amendments will make it easier for an employer to engage/disengage workers based on requirement. On the other hand, it is also being ensured that the retrenched worker is provided an opportunity of acquiring new skills through the re-skilling fund to enhance employability. “The ease of compliance of labor laws will promote setting up of more enterprises, thus catalyzing the creation of employment opportunities in the country,” it said.

 

1. Who is the main recipient of the benefit of the code mentioned above?

(a) The courts as it provides for faster disposal of cases.
(b) The employees as they can get hired for a fixed term period.
(c) The employer as it helps ease the business.
(d) The state as it increases the scope of employment and economy.

 

2. Amita is a worker in a small enterprise that makes jute bags for wholesale for various industries. She was let off her job due to over hiring laborers causing budget constraint to the employer. Which of the below is not one of the benefits she might be given under the above act?

(a) She would be given employment in some other industry as she was retrenched without any fault of her own.
(b) She would be compensated for 15 days of wages to sustain herself while she looks for another job.
(c) She can file a dispute claim in the two-bench tribunal and expect quick redressal.
(d) She would be provided an opportunity of acquiring new skills through the re-skilling fund to enhance employability.

 

3. What is not within the scope of achievement of the objective of the code?

(a) To fix terms of employment and help in job security of the labors.
(b) To amalgamate and unify laws including wage rates, social security, trade unions, industrial relations and industrial security and labor welfare.
(c) To create procedures and benches for faster disposal of labor disputes.
(d) To help in improving ease of business and hence employment will increase.

 

4. Rohit, Rahul and Priya are workers in the State of Kerala, in an industry of over 100 people who have been fired from their post, without any compensation. Can they seek any benefit under this Code?

(a) Yes, as they fulfill the conditions given in the above passage for application.
(b) No, as they are from the State of Kerala and it does not apply to the aid State.
(c) Yes, as their industry has over 100 people working, hence is qualified by the code.
(d) No, as there are no provisions or compensation discussed.

 

5. Ranbir runs a firm with 100 workers employed in handicraft work in the State of Uttar Pradesh. He recently had to fire 10 people due to budget cuts in production cost of his firm, before their fixed tenure was over. Would Ranbir be liable under the said code?

(a) Yes, as he runs an industry and hence would be liable to compensate them for the wages under the said code.
(b) No, as his industry is in Uttar Pradesh, hence he is exempted from the application of the code.
(c) Yes, as this a Union applied code, applicable everywhere, to all industries.
(d) No, as retrenchment of 10 workers puts him below the range of 100 workers quota and hence, he is not liable under the code.

 

 

 

 

 

 

CLAT Gurukul

1. Ans. (d) The main beneficiary of the above legislation would be the state as it gives them the benefit of ease of governance, increase in economy and employment. The rest were benefiting under the various laws anyways, the amalgamation is for State benefit. Option (a) is incorrect as the passage focuses on the benefits of such amendments rather than speedy disposal of trials. Option (b) is incorrect as we don’t whether employees enjoyed fixed employment or not before the amendment. Option (c) seems to be the correct answer but option (d) provides for more comprehensive and exhaustive choice. Hence, option (d) is the correct answer.

 

2. Ans. (a) She would not be ensured another job in another firm under this code, but the other benefits are extended to anyone wrongfully retrenched under this act. All the other options are explicitly stated in the passage and hence, option (a) is the correct answer.

 

3. Ans. (b) If read carefully option (b) provides for extraneous scope of application than the ones given in the code. Hence making it the incorrect answer as these are not the benefits extended in the code. All the other options are explicitly stated in the passage and hence, option (b) is the correct answer.

 

4. Ans. (a) Option (b) is incorrect as this a Union applied code, applicable everywhere, to all industries. Moreover, Kerala is not included in the lists of states where the threshold has been enhanced from 100 to 300 workers by state amendments. Hence, (a) is the correct answer as they ransacked without a cause and hence fulfil the conditions of the code. Option (a) is the correct answer.

 

5. Ans. (b) He had employed 100 workers only. The above passage states that Uttar Pradesh has been exempted through a state amendment for industries with less than 300 workers, hence Ranbir would not be liable in the above situation. Hence options (a), (c) and (d) are incorrect.

Legal Reasoning for CLAT, Passage- Homosexuality

Section 377 is a colonial law which aims to destroy personal choice and snatches away the right to choose one’s partners who constitute a minuscule section of the society. Section 377 reads as follows that “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation.-Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.” This section penalizes for three different subjects which are:

1. If a man has carnal intercourse with another man.
2. If a woman has carnal intercourse with another man.
3. If a person has carnal intercourse with any animal.
This section gives an unreasonable perception of the society which is based on vague, irrational and a stereotyped notion that sexual activity is only related to procreation but if this kind of sexual activity is considered unnatural then methods of contraception should be restricted as well. This infringes upon many basic fundamental rights which could remove this section from Indian Penal Code. This section on the face of it shows inequality towards the sexual minorities and infringes upon article 19(a), (b) and (d) which prohibits people to express them, to associate with people of their choice and also restricts them to move freely in the Indian Territory because of the bias they go through due to their sexual preferences. In a petition filed by Navtej Singh Johar it was contended by the appellant that the state can’t put two adults into jails who are involved in consensual unnatural sex.

A Petition was filed before the SC by dancer NavtejJauhar and four others in 2018 to reassess the judgment passed in the case of Naaz foundation before the Delhi HC. The five judge bench led by the then CJI Deepak Mishra diluted Section 377 to exclude all kinds of consensual sex as it was arbitrary and irrational. SC in its judgment mentioned that “Consensual sex between adults in a private space, which is not harmful to women or children, cannot be denied as it is a matter of individual choice.” Justice Chandrachud noted that right to privacy and the protection of sexual orientation are fundamental rights which lie at the core of rights enshrined under Article 14, 15 and 21 of the Constitution. The SC decriminalized 377 to the extent that it would not exclude unnatural offences against minors and animals.
Our constitution has recognized several equality rights for the different sections of society and it recognizes the rights of gender as well. Indian constitution explicitly states that in Article 14 no state shall deny equality before the law and equal protection before the law within the territory of India, Article 19(a) states that right to freedom of speech and expression, Article 21 states that protection of life and personal liberty in which also gives right to live with dignity. These are the basic fundamental rights that are denied to some people because of their sexual orientation. Even these basic fundamental rights are denied to some people because of their sexual orientation.

Source with editing and revision: Discrimination towards Sexual Minorities in India <https://blog.ipleaders.in/discrimination-towards-sexual-minorities-in-india/>

Answer the following on the basis of above mentioned principles:

1. Jagga was charged under Section 377 for raping a goat. Advise Jagga.
a. Section 377 has been declared unconstitutional.
b. He has committed an offence under section 377.
c. There has been no harm to women and children, therefore, his action is lawful.
d. It is a lawful exercise of right to decide one’s sexual orientation.
2. Ram and Shyam were taking an evening stroll and were beaten up by police and arrested under Section 377. Which rights have been violated?
a. Right to privacy
b. Articles 14, 15 and 21
c. Article 19(a)
d. Section 377
3. Gita and Sunita (lesbians) were having consensual sex in their bedroom. The domestic help made a video of them and handed it over to the police. The police arrested Gita and Sunita. Advise them.
a. Their action is unlawful.
b. The domestic help has violated the privacy of Gita and Sunita.
c. The police has wrongfully arrested Gita and Sunita.
d. Both b) and c)
4. X had anal sexual intercourse with his wife Y without her consent. Advise Y.
a. X has committed rape.
b. X has committed an offence under section 377.
c. Both a) and b)
d. X has committed marital rape.
5. L is a bisexual man. She applied for a job at a trading company but was denied job because of his sexual orientation.
a. His right to privacy has been violated.
b. Articles 14 and 15 have been violated.
c. Article 19 has been violated.
d. Article 21 has been violated.

 

CLAT Gurukul
Answers

1. B. Only the part that criminalised consensual sex among adults without harm to women or children has been struck down. Other forms of unnatural sex are still an offence.
2. B. Articles 14, 15 and 21 have been violated which include the right to privacy and protection of sexual orientation.
3. D. Any consensual sexual act among adults is permitted and cannot be questioned, especially in their private spaces.
4. C. Since the intercourse was not consensual, both section 377 and 376 will be attracted.
5. B. Articles 14 and 15 have been violated because there is no intelligible differentia in discriminating between job applicants on the basis of their sexual orientation.