Sayali nambiar

Directions: Read the following passage carefully and answer the questions.

The Delhi High Court on Monday dismissed a public interest litigation (PIL) petition seeking inclusion of legal studies as an optional subject in every school. A division bench of Chief Justice Satish Chandra Sharmaand Justice Subramonium Prasadrejected the plea observing that inclusion of a subject in the curriculum falls within the domain of the executive and courts are not a forum to decide such issues. Policy matters lie within the domain of the executive in Indian Governance system and courts do not make policies. Separation of powers divides the mechanism of governance into three branches i.e. Legislature, Executive and the Judiciary.Although different authors give different definitions, in general, we can frame three features of this doctrine.

Significance of the doctrine

Why do we need a separation of powers between the various organs of the State? Whenever there is a concentration of power in one centre/authority, there is bound to be greater chances of maladministration, corruption, nepotism and abuse of power. This principle ensures that autocracy does not creep into a democratic system. It protects citizens from arbitrary rule.

Q. A petitioner files a PIL in the case of Smita Das v. State Government asking the court to order that gender studies be made a required topic in all educational institutions. The petitioner claims that teaching gender studies to pupils will encourage gender equality, awareness, and sensitization. The inclusion of subjects in the curriculum is the executive's discretion and not a matter for judicial intervention, the court emphasizes in dismissing the PIL.

Directions: Read the following passage and answer the question.

One summer, many years ago, while I was living in the garden city of Pune, I lay in bed, unwell. Lying in bed, I watched a large neem tree teeming with activity. Birds like orioles, flycatchers, and magpie robins were frequent visitors to the tree. Another cute resident on the neem tree was the palm squirrel; common in peninsular India. As I lay in bed, I enjoyed watching these creatures go about their daily tasks. Their activities on the tree made me get well quicker!
Then one day, I saw to my dismay that the tree was being chopped down to widen the road in the neighbouring society. I had watched the squirrel build its nest all summer, and it was with sadness I watched as the tree was slowly chopped down. I wondered what happened to the squirrel nesting in the tree.
The loss of the squirrel's nest made me sad. After much thought, I decided to do something about this. The loss of the tree led me to find out that in India trees, even the ones planted by us in our homes, need permission before they are chopped.
Over the next few years, I got involved in a programme called Pune Tree Watch, where citizens engaged with the Garden Department, to reduce tree felling in the rapidly developing city of Pune. We looked to balance development with the green needs of the city. We sought solutions like tree transplantation, alternate routes for roads or different designs for buildings, sewage and pipelines to save trees. In two to three years, we were able to save many trees, and create awareness about the laws relating to tree felling among citizens.
In 2008, I shifted to Dehradun, where I continued my work to save urban biodiversity. We worked with citizens and institutions ＿ the municipal and forest departments ＿ to save green cover in Dehradun. Over the last few years, we have successfully transplanted some trees, and saved many of them from being felled, too.
My ultimate reward in this line of work came when a tree in the middle of Dehradun city was being cut down. I watched as a squirrel ran down the tree that the municipality was chopping, and run up the one we had saved. It had lost a home, but found a new one. All the work I had done in the last decade seemed worthwhile.
It took a squirrel and a tree to move me from being aware and feeling sad, to action. All of us need to act to save nature.
So, what will be your "squirrel" moment?
[Extracted with edits and revisions from 'Who moved my tree?', The Hindu]

Q. What does the passage's usage of the term "dismay" mean?

Directions: Read the following passage and answer the question.
''Wash! Wash! Wash your hands!'' That's been the safety-mantra ever since the pandemic COVID-19 began swamping the world. Undoubtedly, washing hands has proven to be the best way to keep germs at bay. Unfortunately, the medical practitioner who first promoted the importance of this simple activity was subjected to intense humiliation, and ultimately declared insane!
Ignaz Semmelweis was a Hungarian doctor. In 1847, as an obstetrician, he was disturbed that post-delivery, almost every third woman died of an unexpected malady. He observed that as a part of the set routine, medical students and doctors would examine and study the corpses in the mortuary, and then come for rounds to the maternity wards. Here, without washing their hands, they would examine expectant mothers. After making numerous hypothesis and observations, he was convinced that when doctors washed their hands before examining the women in the ward, the number of deaths due to serious infection declined. He shared his observations with his colleagues and many others working in the field of medicine, but unfortunately he could not provide any concrete evidence to his theory. Sadly, due to the vehement criticism that he received, he went into depression. Furthermore, Ignaz strived to prove his point so relentlessly that it led to the belief that he had lost his mind. In 1865, a doctor deceptively lured him into an asylum for the insane, and two weeks of the brutal treatment that was meted out to him by the attendants led to his untimely death. About twenty years later, when the world became more receptive to the works of scientists like Louis Pasteur and Joseph Lister, awareness regarding germs that cause diseases began to spread. This is the time when Ignaz was honoured with titles like Father of Hand Hygiene and Saviour of Mothers- an honour much too late!
Some of the most celebrated artists have earned fame much after their deaths. It is tragic that Vincent Van Gogh's awe-inspiring work was labeled as strange and amateur by most of the critics of his time. It is believed that he sold only one or two painting in his lifetime, and that too for a meager amount. Today, every single painting of Vincent Van Gogh paintings is worth millions of dollars.
Franz Kafka was a proficient writer, but when he published a few pieces of his writings, he received immense criticism. Before his death in 1924, he handed over his unpublished novels and short stories to his friend Max Brod, and urged him to destroy them; however, Brod got the manuscripts published. Today, Franz is acclaimed as one of the major fiction writers of the twentieth century; the novels titled The Trial published in 1925, and The Castle published in 1926 are considered two of his masterpieces.
Perhaps, if humans were more tolerant and amenable to change, innovative concepts, theories and creations, the deserving would live to experience the glory and honour they rightfully deserve.
Q. From the passage, it is evident that Dr. lgnaz's theory was rejected because:

Directions: Read the passage and answer the question that follows.

Part XIII of Constitution contains provisions relating to the freedom of trade, commerce and intercourse within the territory of India. Just as the Legislature cannot take away individual freedom of trade, the individual cannot barter it away by an agreement.

S. 27 of Contract Act says Agreement in restraint of trade is void, i.e. every agreement by which anyone is restrained from exercising a lawful profession, trade or business of any kind, is void. The main reason behind this section is that agreements of restraint are unfair and unjustified as they impose an undue restriction on the personal freedom of a contracting party.

There is exception, if a party sells his goodwill to another, he can agree with the buyer that he will not carry on a similar business within the specified local limits.

As per S. 11 Partnership Act, partners during the continuance of the firm to restrict none of them shall carry on any other business than that of the firm and S. 36 of this Act, is related to restrain an outgoing partner from carrying on a similar business within the specified period and specified local limits. The agreement should specify the local limits or the period of restraint, and restrictions imposed must be reasonable.

Agreement of service containing negative covenants is for preventing the employee from working anywhere during period covered by the agreement. Now, trade secrets are main contention for negative covenants. Employer wants to protect his trade secrets because of that employment agreement with negative covenants are generally used. Agreements for protection of confidentiality and trade secrets are not one sided or unfair or unreasonable. Any breach of such clauses on the part of employee can be treated as misconduct.

As per Indian laws, any agreement which is related to restraint of trade and profession shall not be binding on the parties and the same shall be null and void. By using the term void ab initio, it has shown that it has kept such non-compete clause in the agreements beyond consideration. Indian courts have also consistently refused to enforce post termination non-compete clauses in employment contracts as 'restraint of trade' is impermissible under S. 27 of Contract Act, and have held them as void and against the public policy because of their potential to deprive an individual of his or her fundamental right to earn a living.