Test: Legal Reasoning - 3 - CLAT MCQ

Passage - 1

Fundamental rights guaranteed by the Constitution are, in the absence of specific constitutional provisions, mainly enforceable against "the State". The definition of 'the State' in article 12 being an "inclusive" one, courts have ruled that where there is pervasive or predominant governmental control or significant involvement in its activity, such bodies, entities and organizations fall within the definition of "the State".
Article 14 is one of the most important Articles of the Indian constitution and it is also regarded as part of the golden triangle of the Constitution along with Article 19 and 21 .In India, this right is very important because there has been a widespread socio-economic difference which has been in existence from a long time. People have been discriminated on the basis of their gender or the religion they follow, therefore Article 14 was included in the Constitution to remove such inequalities and bring all the people under the equal protection of the law. Another important point about this Article is that it not only imposes a duty on the State to abstain from discriminating people but it also puts a positive duty to
take such action by which the inequalities can be bridged between the people. Article 19(1)(a) refers to "freedom of speech and expression". Article 21 refers to right to life.

Following Constitutional principles are need to be taken into perspective while dealing with questions:
1. Fundamental rights shall be made applicable only to the legislative or administrative actions of the state and not the private actions.
2. The State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
3. State means Parliament of India, State Legislatures, Government of India, State Governments and local authorities wherein the Government exercises voting right or right to appoint the management committee.
4. State shall provide and ensure fundamental right to free and compulsory education to all children of the age of six to fourteen years.
5. State shall not discriminate against any citizen on grounds only of sex, religion and place of birth.
6. Fundamental right of equality before the law means treating equals equally and unequal's unequally.
7. Any law or administrative action of the state which takes away or abridges fundamental right guaranteed to the citizen, to the extent of contravention, shall be void.
8. Kavita Madhukar, daughter of famous freedom fighter Late Raghu Madhukar, runs a chain of private unaided schools in the State of Madhya Bharat. Madhukar Vidyalaya introduces a new compulsory subject in the curriculum named 'Sex Education and Maternity Care' for all the girls above the age of 11 years. Child rights activist, Veena Dave challenges the new curriculum as violative of fundamental right of compulsory education and discriminates on basis of sex. 

Q. If Madhukar Vidyalaya would have been an aided chain of schools, whether the challenge filed by Mrs. Veena Dave could be upheld by a court of law?

Passage - 1

Fundamental rights guaranteed by the Constitution are, in the absence of specific constitutional provisions, mainly enforceable against "the State". The definition of 'the State' in article 12 being an "inclusive" one, courts have ruled that where there is pervasive or predominant governmental control or significant involvement in its activity, such bodies, entities and organizations fall within the definition of "the State".
Article 14 is one of the most important Articles of the Indian constitution and it is also regarded as part of the golden triangle of the Constitution along with Article 19 and 21 .In India, this right is very important because there has been a widespread socio-economic difference which has been in existence from a long time. People have been discriminated on the basis of their gender or the religion they follow, therefore Article 14 was included in the Constitution to remove such inequalities and bring all the people under the equal protection of the law. Another important point about this Article is that it not only imposes a duty on the State to abstain from discriminating people but it also puts a positive duty to
take such action by which the inequalities can be bridged between the people. Article 19(1)(a) refers to "freedom of speech and expression". Article 21 refers to right to life.

Following Constitutional principles are need to be taken into perspective while dealing with questions:
1. Fundamental rights shall be made applicable only to the legislative or administrative actions of the state and not the private actions.
2. The State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
3. State means Parliament of India, State Legislatures, Government of India, State Governments and local authorities wherein the Government exercises voting right or right to appoint the management committee.
4. State shall provide and ensure fundamental right to free and compulsory education to all children of the age of six to fourteen years.
5. State shall not discriminate against any citizen on grounds only of sex, religion and place of birth.
6. Fundamental right of equality before the law means treating equals equally and unequal's unequally.
7. Any law or administrative action of the state which takes away or abridges fundamental right guaranteed to the citizen, to the extent of contravention, shall be void.
8. Kavita Madhukar, daughter of famous freedom fighter Late Raghu Madhukar, runs a chain of private unaided schools in the State of Madhya Bharat. Madhukar Vidyalaya introduces a new compulsory subject in the curriculum named 'Sex Education and Maternity Care' for all the girls above the age of 11 years. Child rights activist, Veena Dave challenges the new curriculum as violative of fundamental right of compulsory education and discriminates on basis of sex. 

Q. If the State of Madhya Bharat decides to derecognize Madhukar Vidyalaya from its recognition for introducing the course of 'sex education and maternity care', whether such an action can be held to be in violation of fundamental right of free and compulsory education?

Passage - 1

Fundamental rights guaranteed by the Constitution are, in the absence of specific constitutional provisions, mainly enforceable against "the State". The definition of 'the State' in article 12 being an "inclusive" one, courts have ruled that where there is pervasive or predominant governmental control or significant involvement in its activity, such bodies, entities and organizations fall within the definition of "the State".
Article 14 is one of the most important Articles of the Indian constitution and it is also regarded as part of the golden triangle of the Constitution along with Article 19 and 21 .In India, this right is very important because there has been a widespread socio-economic difference which has been in existence from a long time. People have been discriminated on the basis of their gender or the religion they follow, therefore Article 14 was included in the Constitution to remove such inequalities and bring all the people under the equal protection of the law. Another important point about this Article is that it not only imposes a duty on the State to abstain from discriminating people but it also puts a positive duty to
take such action by which the inequalities can be bridged between the people. Article 19(1)(a) refers to "freedom of speech and expression". Article 21 refers to right to life.

Following Constitutional principles are need to be taken into perspective while dealing with questions:
1. Fundamental rights shall be made applicable only to the legislative or administrative actions of the state and not the private actions.
2. The State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
3. State means Parliament of India, State Legislatures, Government of India, State Governments and local authorities wherein the Government exercises voting right or right to appoint the management committee.
4. State shall provide and ensure fundamental right to free and compulsory education to all children of the age of six to fourteen years.
5. State shall not discriminate against any citizen on grounds only of sex, religion and place of birth.
6. Fundamental right of equality before the law means treating equals equally and unequal's unequally.
7. Any law or administrative action of the state which takes away or abridges fundamental right guaranteed to the citizen, to the extent of contravention, shall be void.
8. Kavita Madhukar, daughter of famous freedom fighter Late Raghu Madhukar, runs a chain of private unaided schools in the State of Madhya Bharat. Madhukar Vidyalaya introduces a new compulsory subject in the curriculum named 'Sex Education and Maternity Care' for all the girls above the age of 11 years. Child rights activist, Veena Dave challenges the new curriculum as violative of fundamental right of compulsory education and discriminates on basis of sex. 

Q. Only Parliament or State Legislatures have the authority to enact laws on their own. No law made by the State can take away a person's fundamental rights. The organs of governance follow the doctrine of separation of powers and each organ is supposed to work within its own sphere. Parliament enacted a law, which according to a group of lawyers is violating the fundamental rights of traders. A group of lawyers file a writ petition challenging the Constitutional validity of the statute seeking relief to quash the statute and further direct Parliament to enact a new law.

Passage - 1

Fundamental rights guaranteed by the Constitution are, in the absence of specific constitutional provisions, mainly enforceable against "the State". The definition of 'the State' in article 12 being an "inclusive" one, courts have ruled that where there is pervasive or predominant governmental control or significant involvement in its activity, such bodies, entities and organizations fall within the definition of "the State".
Article 14 is one of the most important Articles of the Indian constitution and it is also regarded as part of the golden triangle of the Constitution along with Article 19 and 21 .In India, this right is very important because there has been a widespread socio-economic difference which has been in existence from a long time. People have been discriminated on the basis of their gender or the religion they follow, therefore Article 14 was included in the Constitution to remove such inequalities and bring all the people under the equal protection of the law. Another important point about this Article is that it not only imposes a duty on the State to abstain from discriminating people but it also puts a positive duty to
take such action by which the inequalities can be bridged between the people. Article 19(1)(a) refers to "freedom of speech and expression". Article 21 refers to right to life.

Following Constitutional principles are need to be taken into perspective while dealing with questions:
1. Fundamental rights shall be made applicable only to the legislative or administrative actions of the state and not the private actions.
2. The State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
3. State means Parliament of India, State Legislatures, Government of India, State Governments and local authorities wherein the Government exercises voting right or right to appoint the management committee.
4. State shall provide and ensure fundamental right to free and compulsory education to all children of the age of six to fourteen years.
5. State shall not discriminate against any citizen on grounds only of sex, religion and place of birth.
6. Fundamental right of equality before the law means treating equals equally and unequal's unequally.
7. Any law or administrative action of the state which takes away or abridges fundamental right guaranteed to the citizen, to the extent of contravention, shall be void.
8. Kavita Madhukar, daughter of famous freedom fighter Late Raghu Madhukar, runs a chain of private unaided schools in the State of Madhya Bharat. Madhukar Vidyalaya introduces a new compulsory subject in the curriculum named 'Sex Education and Maternity Care' for all the girls above the age of 11 years. Child rights activist, Veena Dave challenges the new curriculum as violative of fundamental right of compulsory education and discriminates on basis of sex. 

Q. There is presumption of validity in favour of every law passed by legislature. Any law in violation of fundamental rights is void. Which of the following derivation is incorrect?

Passage - 1

Fundamental rights guaranteed by the Constitution are, in the absence of specific constitutional provisions, mainly enforceable against "the State". The definition of 'the State' in article 12 being an "inclusive" one, courts have ruled that where there is pervasive or predominant governmental control or significant involvement in its activity, such bodies, entities and organizations fall within the definition of "the State".
Article 14 is one of the most important Articles of the Indian constitution and it is also regarded as part of the golden triangle of the Constitution along with Article 19 and 21 .In India, this right is very important because there has been a widespread socio-economic difference which has been in existence from a long time. People have been discriminated on the basis of their gender or the religion they follow, therefore Article 14 was included in the Constitution to remove such inequalities and bring all the people under the equal protection of the law. Another important point about this Article is that it not only imposes a duty on the State to abstain from discriminating people but it also puts a positive duty to
take such action by which the inequalities can be bridged between the people. Article 19(1)(a) refers to "freedom of speech and expression". Article 21 refers to right to life.

Following Constitutional principles are need to be taken into perspective while dealing with questions:
1. Fundamental rights shall be made applicable only to the legislative or administrative actions of the state and not the private actions.
2. The State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
3. State means Parliament of India, State Legislatures, Government of India, State Governments and local authorities wherein the Government exercises voting right or right to appoint the management committee.
4. State shall provide and ensure fundamental right to free and compulsory education to all children of the age of six to fourteen years.
5. State shall not discriminate against any citizen on grounds only of sex, religion and place of birth.
6. Fundamental right of equality before the law means treating equals equally and unequal's unequally.
7. Any law or administrative action of the state which takes away or abridges fundamental right guaranteed to the citizen, to the extent of contravention, shall be void.
8. Kavita Madhukar, daughter of famous freedom fighter Late Raghu Madhukar, runs a chain of private unaided schools in the State of Madhya Bharat. Madhukar Vidyalaya introduces a new compulsory subject in the curriculum named 'Sex Education and Maternity Care' for all the girls above the age of 11 years. Child rights activist, Veena Dave challenges the new curriculum as violative of fundamental right of compulsory education and discriminates on basis of sex. 

Q. Every citizen shall have a fundamental right to livelihood within the territory of India. Sukrit is a sincere and hardworking employee in Zenada Pvt. Ltd., a logistics firm in Ghaziabad. One morning when Sukrit reaches his office, he is served with a notice of termination of employment. He replies to the notice but not to the satisfaction of the Board of Directors and his termination became absolute. Sukrit files a writ petition as he pleads violation of his fundamental right to livelihood. Decide.

Passage - 2

An appellate court, commonly called an appeals court, court of appeals, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort), which primarily reviews the decisions of the intermediate courts. A jurisdiction's supreme court is that jurisdiction's highest appellate court. Appellate courts may follow varying rules from country to country. The authority of appellate courts to review decisions of lower courts varies widely from one jurisdiction to another. In some places, the appellate court has limited powers of review. Generally speaking, an appellate court's judgment provides the final directive of the appeals courts with regard to the matter appealed, setting out with specificity the court's decision on whether the action that has been appealed should be affirmed, reversed, remanded or modified.
In the United States, both state and federal appellate courts are usually restricted to examining whether the lower court made the correct legal determinations, rather than hearing direct evidence and determining what the facts of the case were. Furthermore, US appellate courts are usually restricted to hearing appeals based on matters that were originally brought up before the trial court. Hence, such an appellate court will not consider an appellant's argument if it is based on a theory that is raised for the first time in the appeal.
In most US states, and in US federal courts, parties before the court are allowed one appeal as a right. This means that a party who is unsatisfied with the outcome of a trial may bring an appeal to contest that outcome. However, appeals may be costly, and the appellate court must find an error on the part of the court below that justifies upsetting the verdict. Therefore, only a small proportion of trial court decisions result in appeals. Some appellate courts, particularly supreme courts, have the power of discretionary review, meaning that they can decide whether they will hear an appeal brought in a particular case.

Q. Which of these is not an action usually performed by the US state and federal appellate courts?

Passage - 2

An appellate court, commonly called an appeals court, court of appeals, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort), which primarily reviews the decisions of the intermediate courts. A jurisdiction's supreme court is that jurisdiction's highest appellate court. Appellate courts may follow varying rules from country to country. The authority of appellate courts to review decisions of lower courts varies widely from one jurisdiction to another. In some places, the appellate court has limited powers of review. Generally speaking, an appellate court's judgment provides the final directive of the appeals courts with regard to the matter appealed, setting out with specificity the court's decision on whether the action that has been appealed should be affirmed, reversed, remanded or modified.
In the United States, both state and federal appellate courts are usually restricted to examining whether the lower court made the correct legal determinations, rather than hearing direct evidence and determining what the facts of the case were. Furthermore, US appellate courts are usually restricted to hearing appeals based on matters that were originally brought up before the trial court. Hence, such an appellate court will not consider an appellant's argument if it is based on a theory that is raised for the first time in the appeal.
In most US states, and in US federal courts, parties before the court are allowed one appeal as a right. This means that a party who is unsatisfied with the outcome of a trial may bring an appeal to contest that outcome. However, appeals may be costly, and the appellate court must find an error on the part of the court below that justifies upsetting the verdict. Therefore, only a small proportion of trial court decisions result in appeals. Some appellate courts, particularly supreme courts, have the power of discretionary review, meaning that they can decide whether they will hear an appeal brought in a particular case.

Q. Which of the following courts is authorized to initially determine the facts of the cases?

Passage - 2

An appellate court, commonly called an appeals court, court of appeals, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort), which primarily reviews the decisions of the intermediate courts. A jurisdiction's supreme court is that jurisdiction's highest appellate court. Appellate courts may follow varying rules from country to country. The authority of appellate courts to review decisions of lower courts varies widely from one jurisdiction to another. In some places, the appellate court has limited powers of review. Generally speaking, an appellate court's judgment provides the final directive of the appeals courts with regard to the matter appealed, setting out with specificity the court's decision on whether the action that has been appealed should be affirmed, reversed, remanded or modified.
In the United States, both state and federal appellate courts are usually restricted to examining whether the lower court made the correct legal determinations, rather than hearing direct evidence and determining what the facts of the case were. Furthermore, US appellate courts are usually restricted to hearing appeals based on matters that were originally brought up before the trial court. Hence, such an appellate court will not consider an appellant's argument if it is based on a theory that is raised for the first time in the appeal.
In most US states, and in US federal courts, parties before the court are allowed one appeal as a right. This means that a party who is unsatisfied with the outcome of a trial may bring an appeal to contest that outcome. However, appeals may be costly, and the appellate court must find an error on the part of the court below that justifies upsetting the verdict. Therefore, only a small proportion of trial court decisions result in appeals. Some appellate courts, particularly supreme courts, have the power of discretionary review, meaning that they can decide whether they will hear an appeal brought in a particular case.

Q. What does the word "discretionary" mean in the context of this passage?

Passage - 2

An appellate court, commonly called an appeals court, court of appeals, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort), which primarily reviews the decisions of the intermediate courts. A jurisdiction's supreme court is that jurisdiction's highest appellate court. Appellate courts may follow varying rules from country to country. The authority of appellate courts to review decisions of lower courts varies widely from one jurisdiction to another. In some places, the appellate court has limited powers of review. Generally speaking, an appellate court's judgment provides the final directive of the appeals courts with regard to the matter appealed, setting out with specificity the court's decision on whether the action that has been appealed should be affirmed, reversed, remanded or modified.
In the United States, both state and federal appellate courts are usually restricted to examining whether the lower court made the correct legal determinations, rather than hearing direct evidence and determining what the facts of the case were. Furthermore, US appellate courts are usually restricted to hearing appeals based on matters that were originally brought up before the trial court. Hence, such an appellate court will not consider an appellant's argument if it is based on a theory that is raised for the first time in the appeal.
In most US states, and in US federal courts, parties before the court are allowed one appeal as a right. This means that a party who is unsatisfied with the outcome of a trial may bring an appeal to contest that outcome. However, appeals may be costly, and the appellate court must find an error on the part of the court below that justifies upsetting the verdict. Therefore, only a small proportion of trial court decisions result in appeals. Some appellate courts, particularly supreme courts, have the power of discretionary review, meaning that they can decide whether they will hear an appeal brought in a particular case.

Q. Which of the following best describes the tone of the author in this passage?

Passage - 2

An appellate court, commonly called an appeals court, court of appeals, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort), which primarily reviews the decisions of the intermediate courts. A jurisdiction's supreme court is that jurisdiction's highest appellate court. Appellate courts may follow varying rules from country to country. The authority of appellate courts to review decisions of lower courts varies widely from one jurisdiction to another. In some places, the appellate court has limited powers of review. Generally speaking, an appellate court's judgment provides the final directive of the appeals courts with regard to the matter appealed, setting out with specificity the court's decision on whether the action that has been appealed should be affirmed, reversed, remanded or modified.
In the United States, both state and federal appellate courts are usually restricted to examining whether the lower court made the correct legal determinations, rather than hearing direct evidence and determining what the facts of the case were. Furthermore, US appellate courts are usually restricted to hearing appeals based on matters that were originally brought up before the trial court. Hence, such an appellate court will not consider an appellant's argument if it is based on a theory that is raised for the first time in the appeal.
In most US states, and in US federal courts, parties before the court are allowed one appeal as a right. This means that a party who is unsatisfied with the outcome of a trial may bring an appeal to contest that outcome. However, appeals may be costly, and the appellate court must find an error on the part of the court below that justifies upsetting the verdict. Therefore, only a small proportion of trial court decisions result in appeals. Some appellate courts, particularly supreme courts, have the power of discretionary review, meaning that they can decide whether they will hear an appeal brought in a particular case.

Q. What is the correct order in which the final verdict of a case is decided?

Passage - 2

An appellate court, commonly called an appeals court, court of appeals, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort), which primarily reviews the decisions of the intermediate courts. A jurisdiction's supreme court is that jurisdiction's highest appellate court. Appellate courts may follow varying rules from country to country. The authority of appellate courts to review decisions of lower courts varies widely from one jurisdiction to another. In some places, the appellate court has limited powers of review. Generally speaking, an appellate court's judgment provides the final directive of the appeals courts with regard to the matter appealed, setting out with specificity the court's decision on whether the action that has been appealed should be affirmed, reversed, remanded or modified.
In the United States, both state and federal appellate courts are usually restricted to examining whether the lower court made the correct legal determinations, rather than hearing direct evidence and determining what the facts of the case were. Furthermore, US appellate courts are usually restricted to hearing appeals based on matters that were originally brought up before the trial court. Hence, such an appellate court will not consider an appellant's argument if it is based on a theory that is raised for the first time in the appeal.
In most US states, and in US federal courts, parties before the court are allowed one appeal as a right. This means that a party who is unsatisfied with the outcome of a trial may bring an appeal to contest that outcome. However, appeals may be costly, and the appellate court must find an error on the part of the court below that justifies upsetting the verdict. Therefore, only a small proportion of trial court decisions result in appeals. Some appellate courts, particularly supreme courts, have the power of discretionary review, meaning that they can decide whether they will hear an appeal brought in a particular case.

Q. Which of the following is not one of the effects an appellate court's judgment produced?

Passage - 3

It is very difficult to trace the origin of judicial activism in India. Since the judiciary has come to be recognized as an independent and separate organ of the Government under the Constitution of India, it would be prudent to scan the period subsequent to 1950 for tracing the origin. However, there are a few instances even prior to that period, where certain selected judges of High Courts established under the Indian High Courts Act, 1861 exhibited certain flashes of judicial activism. Way back in 1893, Justice Mahmood of the Allahabad High Court delivered a dissenting judgment which sowed the seed for judicial activism in India. In that case which dealt with an under trial who could not afford to engage a lawyer, Justice Mahmood held that the pre-condition of the case being heard would be fulfilled only when somebody speaks.
At the outset, it has to be stated that there is no precise definition of judicial activism accepted by one and all. However, there is a widely accepted notion that it is related to problems and processes of political development of a country. In other words, judicial activism deals with the political role played by the judiciary, like the other two branches of the State, the legislature and the executive. An eminent Indian jurist defines judicial activism in the following words: Judicial Activism is that way of exercising judicial power which seeks fundamental recodification of power relations among the dominant institutions of State, manned by members of the ruling classes.
The same authority goes on to add that judicial activism is the use of judicial power to articulate and enforce counter-ideologies which when effective initiates significant re-codifications of power relations within the institutions of governance. An analysis of the above attempt by Upendra Baxi to define judicial activism shows that activism of the judiciary pertains to the political role played by it, like the other two political branches. The justification for the judicial activism comes from the near collapse of responsible government and the pressures on the judiciary to step in aid which forced the judiciary to respond and to make political or policy-making judgments. Judicial Activism and judicial restraint are the terms used to describe the assertiveness of judicial power. The user of these terms presumes to locate the relative assertiveness of particular courts or individual judges between two theoretical extremes. The extreme model of judicial activism is of a court so intrusive and ubiquitous that it virtually dominates the institutions of government. The Encyclopedia of the American Constitution states that the uses of judicial restraint are not entirely uniform. Often the terms are employed non-committally i.e., merely as descriptive short hand to identify some court or judges as more activist or more restrained than others. In this sense, the usage is neither commendatory nor condemnatory.
These expressions viz., judicial activism and judicial restraint are used from the angle of the personal or professional view of the right role of the Court. Accordingly, the courts may be condemned or commended for straying from or for conforming to that right role. In U.S.A., in more than two centuries of judicial review, superintended by more than one hundred justices who have served on the Supreme Court and who have interpreted a constitution highly ambiguous, in much of its text, consistency has not been institutional but personal. Individual judges have maintained strongly diverse notions of the proper or right judicial role.

Q. Indicate which of the statements given is consistent with the evolution of judicial activism?

Passage - 3

It is very difficult to trace the origin of judicial activism in India. Since the judiciary has come to be recognized as an independent and separate organ of the Government under the Constitution of India, it would be prudent to scan the period subsequent to 1950 for tracing the origin. However, there are a few instances even prior to that period, where certain selected judges of High Courts established under the Indian High Courts Act, 1861 exhibited certain flashes of judicial activism. Way back in 1893, Justice Mahmood of the Allahabad High Court delivered a dissenting judgment which sowed the seed for judicial activism in India. In that case which dealt with an under trial who could not afford to engage a lawyer, Justice Mahmood held that the pre-condition of the case being heard would be fulfilled only when somebody speaks.
At the outset, it has to be stated that there is no precise definition of judicial activism accepted by one and all. However, there is a widely accepted notion that it is related to problems and processes of political development of a country. In other words, judicial activism deals with the political role played by the judiciary, like the other two branches of the State, the legislature and the executive. An eminent Indian jurist defines judicial activism in the following words: Judicial Activism is that way of exercising judicial power which seeks fundamental recodification of power relations among the dominant institutions of State, manned by members of the ruling classes.
The same authority goes on to add that judicial activism is the use of judicial power to articulate and enforce counter-ideologies which when effective initiates significant re-codifications of power relations within the institutions of governance. An analysis of the above attempt by Upendra Baxi to define judicial activism shows that activism of the judiciary pertains to the political role played by it, like the other two political branches. The justification for the judicial activism comes from the near collapse of responsible government and the pressures on the judiciary to step in aid which forced the judiciary to respond and to make political or policy-making judgments. Judicial Activism and judicial restraint are the terms used to describe the assertiveness of judicial power. The user of these terms presumes to locate the relative assertiveness of particular courts or individual judges between two theoretical extremes. The extreme model of judicial activism is of a court so intrusive and ubiquitous that it virtually dominates the institutions of government. The Encyclopedia of the American Constitution states that the uses of judicial restraint are not entirely uniform. Often the terms are employed non-committally i.e., merely as descriptive short hand to identify some court or judges as more activist or more restrained than others. In this sense, the usage is neither commendatory nor condemnatory.
These expressions viz., judicial activism and judicial restraint are used from the angle of the personal or professional view of the right role of the Court. Accordingly, the courts may be condemned or commended for straying from or for conforming to that right role. In U.S.A., in more than two centuries of judicial review, superintended by more than one hundred justices who have served on the Supreme Court and who have interpreted a constitution highly ambiguous, in much of its text, consistency has not been institutional but personal. Individual judges have maintained strongly diverse notions of the proper or right judicial role.

Q. How did Justice Mahmood lay the foundation of judicial activism?

Passage - 3

It is very difficult to trace the origin of judicial activism in India. Since the judiciary has come to be recognized as an independent and separate organ of the Government under the Constitution of India, it would be prudent to scan the period subsequent to 1950 for tracing the origin. However, there are a few instances even prior to that period, where certain selected judges of High Courts established under the Indian High Courts Act, 1861 exhibited certain flashes of judicial activism. Way back in 1893, Justice Mahmood of the Allahabad High Court delivered a dissenting judgment which sowed the seed for judicial activism in India. In that case which dealt with an under trial who could not afford to engage a lawyer, Justice Mahmood held that the pre-condition of the case being heard would be fulfilled only when somebody speaks.
At the outset, it has to be stated that there is no precise definition of judicial activism accepted by one and all. However, there is a widely accepted notion that it is related to problems and processes of political development of a country. In other words, judicial activism deals with the political role played by the judiciary, like the other two branches of the State, the legislature and the executive. An eminent Indian jurist defines judicial activism in the following words: Judicial Activism is that way of exercising judicial power which seeks fundamental recodification of power relations among the dominant institutions of State, manned by members of the ruling classes.
The same authority goes on to add that judicial activism is the use of judicial power to articulate and enforce counter-ideologies which when effective initiates significant re-codifications of power relations within the institutions of governance. An analysis of the above attempt by Upendra Baxi to define judicial activism shows that activism of the judiciary pertains to the political role played by it, like the other two political branches. The justification for the judicial activism comes from the near collapse of responsible government and the pressures on the judiciary to step in aid which forced the judiciary to respond and to make political or policy-making judgments. Judicial Activism and judicial restraint are the terms used to describe the assertiveness of judicial power. The user of these terms presumes to locate the relative assertiveness of particular courts or individual judges between two theoretical extremes. The extreme model of judicial activism is of a court so intrusive and ubiquitous that it virtually dominates the institutions of government. The Encyclopedia of the American Constitution states that the uses of judicial restraint are not entirely uniform. Often the terms are employed non-committally i.e., merely as descriptive short hand to identify some court or judges as more activist or more restrained than others. In this sense, the usage is neither commendatory nor condemnatory.
These expressions viz., judicial activism and judicial restraint are used from the angle of the personal or professional view of the right role of the Court. Accordingly, the courts may be condemned or commended for straying from or for conforming to that right role. In U.S.A., in more than two centuries of judicial review, superintended by more than one hundred justices who have served on the Supreme Court and who have interpreted a constitution highly ambiguous, in much of its text, consistency has not been institutional but personal. Individual judges have maintained strongly diverse notions of the proper or right judicial role.

Q. What is the relationship of judicial activism with the other two wings of the government?

Passage - 3

It is very difficult to trace the origin of judicial activism in India. Since the judiciary has come to be recognized as an independent and separate organ of the Government under the Constitution of India, it would be prudent to scan the period subsequent to 1950 for tracing the origin. However, there are a few instances even prior to that period, where certain selected judges of High Courts established under the Indian High Courts Act, 1861 exhibited certain flashes of judicial activism. Way back in 1893, Justice Mahmood of the Allahabad High Court delivered a dissenting judgment which sowed the seed for judicial activism in India. In that case which dealt with an under trial who could not afford to engage a lawyer, Justice Mahmood held that the pre-condition of the case being heard would be fulfilled only when somebody speaks.
At the outset, it has to be stated that there is no precise definition of judicial activism accepted by one and all. However, there is a widely accepted notion that it is related to problems and processes of political development of a country. In other words, judicial activism deals with the political role played by the judiciary, like the other two branches of the State, the legislature and the executive. An eminent Indian jurist defines judicial activism in the following words: Judicial Activism is that way of exercising judicial power which seeks fundamental recodification of power relations among the dominant institutions of State, manned by members of the ruling classes.
The same authority goes on to add that judicial activism is the use of judicial power to articulate and enforce counter-ideologies which when effective initiates significant re-codifications of power relations within the institutions of governance. An analysis of the above attempt by Upendra Baxi to define judicial activism shows that activism of the judiciary pertains to the political role played by it, like the other two political branches. The justification for the judicial activism comes from the near collapse of responsible government and the pressures on the judiciary to step in aid which forced the judiciary to respond and to make political or policy-making judgments. Judicial Activism and judicial restraint are the terms used to describe the assertiveness of judicial power. The user of these terms presumes to locate the relative assertiveness of particular courts or individual judges between two theoretical extremes. The extreme model of judicial activism is of a court so intrusive and ubiquitous that it virtually dominates the institutions of government. The Encyclopedia of the American Constitution states that the uses of judicial restraint are not entirely uniform. Often the terms are employed non-committally i.e., merely as descriptive short hand to identify some court or judges as more activist or more restrained than others. In this sense, the usage is neither commendatory nor condemnatory.
These expressions viz., judicial activism and judicial restraint are used from the angle of the personal or professional view of the right role of the Court. Accordingly, the courts may be condemned or commended for straying from or for conforming to that right role. In U.S.A., in more than two centuries of judicial review, superintended by more than one hundred justices who have served on the Supreme Court and who have interpreted a constitution highly ambiguous, in much of its text, consistency has not been institutional but personal. Individual judges have maintained strongly diverse notions of the proper or right judicial role.

Q. Which of the following serves as a valid justification for the initiation of judicial activism?

Passage - 3

It is very difficult to trace the origin of judicial activism in India. Since the judiciary has come to be recognized as an independent and separate organ of the Government under the Constitution of India, it would be prudent to scan the period subsequent to 1950 for tracing the origin. However, there are a few instances even prior to that period, where certain selected judges of High Courts established under the Indian High Courts Act, 1861 exhibited certain flashes of judicial activism. Way back in 1893, Justice Mahmood of the Allahabad High Court delivered a dissenting judgment which sowed the seed for judicial activism in India. In that case which dealt with an under trial who could not afford to engage a lawyer, Justice Mahmood held that the pre-condition of the case being heard would be fulfilled only when somebody speaks.
At the outset, it has to be stated that there is no precise definition of judicial activism accepted by one and all. However, there is a widely accepted notion that it is related to problems and processes of political development of a country. In other words, judicial activism deals with the political role played by the judiciary, like the other two branches of the State, the legislature and the executive. An eminent Indian jurist defines judicial activism in the following words: Judicial Activism is that way of exercising judicial power which seeks fundamental recodification of power relations among the dominant institutions of State, manned by members of the ruling classes.
The same authority goes on to add that judicial activism is the use of judicial power to articulate and enforce counter-ideologies which when effective initiates significant re-codifications of power relations within the institutions of governance. An analysis of the above attempt by Upendra Baxi to define judicial activism shows that activism of the judiciary pertains to the political role played by it, like the other two political branches. The justification for the judicial activism comes from the near collapse of responsible government and the pressures on the judiciary to step in aid which forced the judiciary to respond and to make political or policy-making judgments. Judicial Activism and judicial restraint are the terms used to describe the assertiveness of judicial power. The user of these terms presumes to locate the relative assertiveness of particular courts or individual judges between two theoretical extremes. The extreme model of judicial activism is of a court so intrusive and ubiquitous that it virtually dominates the institutions of government. The Encyclopedia of the American Constitution states that the uses of judicial restraint are not entirely uniform. Often the terms are employed non-committally i.e., merely as descriptive short hand to identify some court or judges as more activist or more restrained than others. In this sense, the usage is neither commendatory nor condemnatory.
These expressions viz., judicial activism and judicial restraint are used from the angle of the personal or professional view of the right role of the Court. Accordingly, the courts may be condemned or commended for straying from or for conforming to that right role. In U.S.A., in more than two centuries of judicial review, superintended by more than one hundred justices who have served on the Supreme Court and who have interpreted a constitution highly ambiguous, in much of its text, consistency has not been institutional but personal. Individual judges have maintained strongly diverse notions of the proper or right judicial role.

Q. Which of the following is the criticism of judicial activism in the passage?

Passage - 4

The report by a German cybersecurity firm that medical details of millions of Indian patients were leaked and are freely available on the Internet is worrying. The firm listed 1.02 million studies of Indian patients and 121 million medical images, including CT Scans, MRIs and even photos of the patients, as being available. Such information has the potential to be mined for deeper data analysis and for creating profiles that could be used for social engineering, phishing and online identity theft, among other practices that thrive on the availability of such data on the Darknet - restricted computer networks which exchange information using means such as peer- to-peer file sharing. Public data leaks have been quite common in India - from government websites enabling the download of Aadhaar numbers to electoral data rolls being downloaded in bulk, among others. Unlike the data protection regulations in place in the European Union and in the U.S., India still lacks a comprehensive legal framework to protect data privacy.
The Draft Personal Data Protection Bill 2019 is still to be tabled but could enable protection of privacy. The draft Bill follows up on the provisions recommended by Justice B.N. Srikrishna Committee in 2018. The committee sought to codify the relationship between individuals and firms/state institutions as one between "data principals" (whose information is collected) and "data fiduciaries" (those processing the data) so that privacy is safeguarded by design. While the 2019 version of the Bill seeks to retain the intent and many of the recommendations of the Justice Srikrishna committee, it has also diluted a few provisions. For example, while the Bill tasks the fiduciary to seek the consent in a free, informed, specific, clear form (and which is capable of being withdrawn later) from the principal, it has removed the proviso from the 2018 version of the Bill that said selling or transferring sensitive personal data by the fiduciary to a third party is an offence. There are other substantive issues with the Bill pertaining to the situations when state institutions are granted exemption from seeking consent from principals to process or obtain their information. Yet, considering the manner in which public data are being stored and used by both the state and private entities, a comprehensive Data Protection Act is the need of the hour.

Q. Which of the following views can be correctly attributed to the author of the above passage?

Passage - 4

The report by a German cybersecurity firm that medical details of millions of Indian patients were leaked and are freely available on the Internet is worrying. The firm listed 1.02 million studies of Indian patients and 121 million medical images, including CT Scans, MRIs and even photos of the patients, as being available. Such information has the potential to be mined for deeper data analysis and for creating profiles that could be used for social engineering, phishing and online identity theft, among other practices that thrive on the availability of such data on the Darknet - restricted computer networks which exchange information using means such as peer- to-peer file sharing. Public data leaks have been quite common in India - from government websites enabling the download of Aadhaar numbers to electoral data rolls being downloaded in bulk, among others. Unlike the data protection regulations in place in the European Union and in the U.S., India still lacks a comprehensive legal framework to protect data privacy.
The Draft Personal Data Protection Bill 2019 is still to be tabled but could enable protection of privacy. The draft Bill follows up on the provisions recommended by Justice B.N. Srikrishna Committee in 2018. The committee sought to codify the relationship between individuals and firms/state institutions as one between "data principals" (whose information is collected) and "data fiduciaries" (those processing the data) so that privacy is safeguarded by design. While the 2019 version of the Bill seeks to retain the intent and many of the recommendations of the Justice Srikrishna committee, it has also diluted a few provisions. For example, while the Bill tasks the fiduciary to seek the consent in a free, informed, specific, clear form (and which is capable of being withdrawn later) from the principal, it has removed the proviso from the 2018 version of the Bill that said selling or transferring sensitive personal data by the fiduciary to a third party is an offence. There are other substantive issues with the Bill pertaining to the situations when state institutions are granted exemption from seeking consent from principals to process or obtain their information. Yet, considering the manner in which public data are being stored and used by both the state and private entities, a comprehensive Data Protection Act is the need of the hour.

Q. The author is concerned about the constitution of the DPA under the Bill because:

Passage - 4

The report by a German cybersecurity firm that medical details of millions of Indian patients were leaked and are freely available on the Internet is worrying. The firm listed 1.02 million studies of Indian patients and 121 million medical images, including CT Scans, MRIs and even photos of the patients, as being available. Such information has the potential to be mined for deeper data analysis and for creating profiles that could be used for social engineering, phishing and online identity theft, among other practices that thrive on the availability of such data on the Darknet - restricted computer networks which exchange information using means such as peer- to-peer file sharing. Public data leaks have been quite common in India - from government websites enabling the download of Aadhaar numbers to electoral data rolls being downloaded in bulk, among others. Unlike the data protection regulations in place in the European Union and in the U.S., India still lacks a comprehensive legal framework to protect data privacy.
The Draft Personal Data Protection Bill 2019 is still to be tabled but could enable protection of privacy. The draft Bill follows up on the provisions recommended by Justice B.N. Srikrishna Committee in 2018. The committee sought to codify the relationship between individuals and firms/state institutions as one between "data principals" (whose information is collected) and "data fiduciaries" (those processing the data) so that privacy is safeguarded by design. While the 2019 version of the Bill seeks to retain the intent and many of the recommendations of the Justice Srikrishna committee, it has also diluted a few provisions. For example, while the Bill tasks the fiduciary to seek the consent in a free, informed, specific, clear form (and which is capable of being withdrawn later) from the principal, it has removed the proviso from the 2018 version of the Bill that said selling or transferring sensitive personal data by the fiduciary to a third party is an offence. There are other substantive issues with the Bill pertaining to the situations when state institutions are granted exemption from seeking consent from principals to process or obtain their information. Yet, considering the manner in which public data are being stored and used by both the state and private entities, a comprehensive Data Protection Act is the need of the hour.

Q. Suppose the Supreme Court passed a judgement to link Aadhar card to social media accounts. In such a case, based on the author's reasoning, what is the likely impact it will have on Cybercrime investigating agencies?

Passage - 4

The report by a German cybersecurity firm that medical details of millions of Indian patients were leaked and are freely available on the Internet is worrying. The firm listed 1.02 million studies of Indian patients and 121 million medical images, including CT Scans, MRIs and even photos of the patients, as being available. Such information has the potential to be mined for deeper data analysis and for creating profiles that could be used for social engineering, phishing and online identity theft, among other practices that thrive on the availability of such data on the Darknet - restricted computer networks which exchange information using means such as peer- to-peer file sharing. Public data leaks have been quite common in India - from government websites enabling the download of Aadhaar numbers to electoral data rolls being downloaded in bulk, among others. Unlike the data protection regulations in place in the European Union and in the U.S., India still lacks a comprehensive legal framework to protect data privacy.
The Draft Personal Data Protection Bill 2019 is still to be tabled but could enable protection of privacy. The draft Bill follows up on the provisions recommended by Justice B.N. Srikrishna Committee in 2018. The committee sought to codify the relationship between individuals and firms/state institutions as one between "data principals" (whose information is collected) and "data fiduciaries" (those processing the data) so that privacy is safeguarded by design. While the 2019 version of the Bill seeks to retain the intent and many of the recommendations of the Justice Srikrishna committee, it has also diluted a few provisions. For example, while the Bill tasks the fiduciary to seek the consent in a free, informed, specific, clear form (and which is capable of being withdrawn later) from the principal, it has removed the proviso from the 2018 version of the Bill that said selling or transferring sensitive personal data by the fiduciary to a third party is an offence. There are other substantive issues with the Bill pertaining to the situations when state institutions are granted exemption from seeking consent from principals to process or obtain their information. Yet, considering the manner in which public data are being stored and used by both the state and private entities, a comprehensive Data Protection Act is the need of the hour.

Q. Article 21 of the Constitution provides that no person shall be deprived of his right to life and liberty. It also includes citizens/persons right to leisure, right to breathe fresh air, right to water, right to travel etc. Right to privacy has also been held to be an integral part of Article 21 of the Constitution of India. Baba Vasudev held a camp in Pragati Maidan in Delhi with the motto Remove Corruption. He had been granted permission to hold satyagraha camp at Pragati Maidan which had more than fifty thousand men and women as his followers. Convinced that Baba Vasudev would not finish the protest, at 11:30 p.m., a team of police informed Baba Vasudev that the permission to hold the camp has been withdrawn and that he would be detained. At 12:30 a.m., a large number of police personnel reached Pragati Maidan. At that time, the supporters were peacefully sleeping. By 2:10 a.m., almost all the supporters had been driven out of the Pragati Maidan. Baba Vasudev filed a writ against the brutality of police action towards his followers who were sleeping, since sleeping is a part of the fundamental right to privacy. Decide.

Passage - 4

The report by a German cybersecurity firm that medical details of millions of Indian patients were leaked and are freely available on the Internet is worrying. The firm listed 1.02 million studies of Indian patients and 121 million medical images, including CT Scans, MRIs and even photos of the patients, as being available. Such information has the potential to be mined for deeper data analysis and for creating profiles that could be used for social engineering, phishing and online identity theft, among other practices that thrive on the availability of such data on the Darknet - restricted computer networks which exchange information using means such as peer- to-peer file sharing. Public data leaks have been quite common in India - from government websites enabling the download of Aadhaar numbers to electoral data rolls being downloaded in bulk, among others. Unlike the data protection regulations in place in the European Union and in the U.S., India still lacks a comprehensive legal framework to protect data privacy.
The Draft Personal Data Protection Bill 2019 is still to be tabled but could enable protection of privacy. The draft Bill follows up on the provisions recommended by Justice B.N. Srikrishna Committee in 2018. The committee sought to codify the relationship between individuals and firms/state institutions as one between "data principals" (whose information is collected) and "data fiduciaries" (those processing the data) so that privacy is safeguarded by design. While the 2019 version of the Bill seeks to retain the intent and many of the recommendations of the Justice Srikrishna committee, it has also diluted a few provisions. For example, while the Bill tasks the fiduciary to seek the consent in a free, informed, specific, clear form (and which is capable of being withdrawn later) from the principal, it has removed the proviso from the 2018 version of the Bill that said selling or transferring sensitive personal data by the fiduciary to a third party is an offence. There are other substantive issues with the Bill pertaining to the situations when state institutions are granted exemption from seeking consent from principals to process or obtain their information. Yet, considering the manner in which public data are being stored and used by both the state and private entities, a comprehensive Data Protection Act is the need of the hour.

Q. Where there is a clash between two Fundamental Rights, the right which would advance the public morality or public interest, would alone be enforced through the process of court. M was suffering from AIDS and was undergoing treatment at a City Hospital. Chief Medical Officer of the Hospital demanded 50 Lakhs from M for keeping the secret. M denied. Chief Medical Officer issued a news bulletin and named X as an AIDS patient. This information was misused by business rivals of M for defaming him. M filed a suit against the Hospital and Chief Medical Officer.
Choose the correct option:

Passage - 4

The report by a German cybersecurity firm that medical details of millions of Indian patients were leaked and are freely available on the Internet is worrying. The firm listed 1.02 million studies of Indian patients and 121 million medical images, including CT Scans, MRIs and even photos of the patients, as being available. Such information has the potential to be mined for deeper data analysis and for creating profiles that could be used for social engineering, phishing and online identity theft, among other practices that thrive on the availability of such data on the Darknet - restricted computer networks which exchange information using means such as peer- to-peer file sharing. Public data leaks have been quite common in India - from government websites enabling the download of Aadhaar numbers to electoral data rolls being downloaded in bulk, among others. Unlike the data protection regulations in place in the European Union and in the U.S., India still lacks a comprehensive legal framework to protect data privacy.
The Draft Personal Data Protection Bill 2019 is still to be tabled but could enable protection of privacy. The draft Bill follows up on the provisions recommended by Justice B.N. Srikrishna Committee in 2018. The committee sought to codify the relationship between individuals and firms/state institutions as one between "data principals" (whose information is collected) and "data fiduciaries" (those processing the data) so that privacy is safeguarded by design. While the 2019 version of the Bill seeks to retain the intent and many of the recommendations of the Justice Srikrishna committee, it has also diluted a few provisions. For example, while the Bill tasks the fiduciary to seek the consent in a free, informed, specific, clear form (and which is capable of being withdrawn later) from the principal, it has removed the proviso from the 2018 version of the Bill that said selling or transferring sensitive personal data by the fiduciary to a third party is an offence. There are other substantive issues with the Bill pertaining to the situations when state institutions are granted exemption from seeking consent from principals to process or obtain their information. Yet, considering the manner in which public data are being stored and used by both the state and private entities, a comprehensive Data Protection Act is the need of the hour.

Q. No person shall be deprived of his life and personal liberty except according to procedure established by law. Life and personal liberty includes the right to personal privacy except in cases of exigent conditions harming the personal being of someone. Jamshed was an HIV positive patient. He was consulting Dr. Bhanu, a doctor in the Government Hospital who was aware of Jamshed's HIV positive status. Rakhi, Jamshed's girlfriend was not aware of his HIV positive status. One day Rakhi met Dr. Bhanu and told him that she is getting married to Jamshed. It was then that Dr. Bhanu told Rakhi that he is HIV positive which resulted in their breakup. Jamshed, upset by this, filed a writ petition before the Supreme Court alleging violation of his life and personal liberty by a Government Institution (viz the Government Hospital).

Passage - 4

The report by a German cybersecurity firm that medical details of millions of Indian patients were leaked and are freely available on the Internet is worrying. The firm listed 1.02 million studies of Indian patients and 121 million medical images, including CT Scans, MRIs and even photos of the patients, as being available. Such information has the potential to be mined for deeper data analysis and for creating profiles that could be used for social engineering, phishing and online identity theft, among other practices that thrive on the availability of such data on the Darknet - restricted computer networks which exchange information using means such as peer- to-peer file sharing. Public data leaks have been quite common in India - from government websites enabling the download of Aadhaar numbers to electoral data rolls being downloaded in bulk, among others. Unlike the data protection regulations in place in the European Union and in the U.S., India still lacks a comprehensive legal framework to protect data privacy.
The Draft Personal Data Protection Bill 2019 is still to be tabled but could enable protection of privacy. The draft Bill follows up on the provisions recommended by Justice B.N. Srikrishna Committee in 2018. The committee sought to codify the relationship between individuals and firms/state institutions as one between "data principals" (whose information is collected) and "data fiduciaries" (those processing the data) so that privacy is safeguarded by design. While the 2019 version of the Bill seeks to retain the intent and many of the recommendations of the Justice Srikrishna committee, it has also diluted a few provisions. For example, while the Bill tasks the fiduciary to seek the consent in a free, informed, specific, clear form (and which is capable of being withdrawn later) from the principal, it has removed the proviso from the 2018 version of the Bill that said selling or transferring sensitive personal data by the fiduciary to a third party is an offence. There are other substantive issues with the Bill pertaining to the situations when state institutions are granted exemption from seeking consent from principals to process or obtain their information. Yet, considering the manner in which public data are being stored and used by both the state and private entities, a comprehensive Data Protection Act is the need of the hour.

Q. Carrying an identity card should be made mandatory for everyone in the India as this would make the society a safer place to live in. Most people carry an ID with them anyway, so this proposal would be easy to implement too. Which of the following, if true, weakens the argument above?

Passage - 4

The report by a German cybersecurity firm that medical details of millions of Indian patients were leaked and are freely available on the Internet is worrying. The firm listed 1.02 million studies of Indian patients and 121 million medical images, including CT Scans, MRIs and even photos of the patients, as being available. Such information has the potential to be mined for deeper data analysis and for creating profiles that could be used for social engineering, phishing and online identity theft, among other practices that thrive on the availability of such data on the Darknet - restricted computer networks which exchange information using means such as peer- to-peer file sharing. Public data leaks have been quite common in India - from government websites enabling the download of Aadhaar numbers to electoral data rolls being downloaded in bulk, among others. Unlike the data protection regulations in place in the European Union and in the U.S., India still lacks a comprehensive legal framework to protect data privacy.
The Draft Personal Data Protection Bill 2019 is still to be tabled but could enable protection of privacy. The draft Bill follows up on the provisions recommended by Justice B.N. Srikrishna Committee in 2018. The committee sought to codify the relationship between individuals and firms/state institutions as one between "data principals" (whose information is collected) and "data fiduciaries" (those processing the data) so that privacy is safeguarded by design. While the 2019 version of the Bill seeks to retain the intent and many of the recommendations of the Justice Srikrishna committee, it has also diluted a few provisions. For example, while the Bill tasks the fiduciary to seek the consent in a free, informed, specific, clear form (and which is capable of being withdrawn later) from the principal, it has removed the proviso from the 2018 version of the Bill that said selling or transferring sensitive personal data by the fiduciary to a third party is an offence. There are other substantive issues with the Bill pertaining to the situations when state institutions are granted exemption from seeking consent from principals to process or obtain their information. Yet, considering the manner in which public data are being stored and used by both the state and private entities, a comprehensive Data Protection Act is the need of the hour.

Q. No person shall be deprived of life or personal liberty, except in accordance with procedure established by law. Procedure established by law includes only such statutes and law which may be enacted by the state only. Right to life includes the right to privacy. But such right may be restricted when other persons' rights are likely to be affected. Sonal, a nurse employed at Kate's Hospital was scheduled to marry Karan, a leading neurosurgeon. When it was revealed by George's hospital that Karan was HIV positive, Sonal called the marriage off. Karan sought to file a case against the hospital alleging that his right to privacy had been violated. Has Karan's right been violated?

Passage - 5

The recent judgment of the Bombay High Court in Nishanth Harishchandra Salvi v. State Of Maharashtra noted several instances where the Act has been interpreted. In Para 9, it has observed,
"The Probation of Offenders(P.O. Act) Act is still in force, but 50 years down the line with ever increasing crime rate, the benefits of the P.O. Act, by judicial trend are not being extended to large number of cases. This is not to say that it ought not to be extended in appropriate cases. The benefits have not been encouraged in cases involving socio-economic offences, offences involving sex perversity cases involving moral turpitude or moral delinquency, cases involving misappropriation of property, gold smuggling, food adulteration offences, offences under Prevention of Corruption Act, and even in cases under Section 304A of IPC. Judicial trend has been cautious in not extending probation to persons who are educated and experienced in life and deliberately flout the law with impunity and to those who are potential dangers to the society."
The 41st report of the Law Commission, in 1969, introduced the concept of "suspension of sentence", which later on came to be embodied in section 389 of the Code of Criminal Procedure 1973. It was to be imposed in a very limited area of operation, where convicts seeking appeal, in certain cases, could have their sentences suspended and consequently let off on bail, pending the appeal.
For many years, several countries have had a well- grounded system ingrained in their administration of criminal justice where in several cases, (where the offences are mostly petty/common and the maximum sentence is less than two or three years as the case may be) a suspended sentence is awarded.
When a Court imposes a suspended sentence, it is not that the seriousness of the crime is not recognized. Apart from plainly being merciful and allowing the convict to remain in circulation in society - with the Damocles' Sword of being sent to prison hanging over his head as a deterrent - there is probably less chance of the offender, reoffending.
The biggest benefit is mutual - to the offender thus let off, as well as to those who are already in prison. The prison population is minimized, thereby maximizing the sparse facilities for the existing prison population. The other by-product of such a situation is preventing a "soft criminal" from having to spend quality time with the hardened ones.

Q. Based on the author's arguments in the passage above, which of the following statements can be attributed to the author?

Passage - 5

The recent judgment of the Bombay High Court in Nishanth Harishchandra Salvi v. State Of Maharashtra noted several instances where the Act has been interpreted. In Para 9, it has observed,
"The Probation of Offenders(P.O. Act) Act is still in force, but 50 years down the line with ever increasing crime rate, the benefits of the P.O. Act, by judicial trend are not being extended to large number of cases. This is not to say that it ought not to be extended in appropriate cases. The benefits have not been encouraged in cases involving socio-economic offences, offences involving sex perversity cases involving moral turpitude or moral delinquency, cases involving misappropriation of property, gold smuggling, food adulteration offences, offences under Prevention of Corruption Act, and even in cases under Section 304A of IPC. Judicial trend has been cautious in not extending probation to persons who are educated and experienced in life and deliberately flout the law with impunity and to those who are potential dangers to the society."
The 41st report of the Law Commission, in 1969, introduced the concept of "suspension of sentence", which later on came to be embodied in section 389 of the Code of Criminal Procedure 1973. It was to be imposed in a very limited area of operation, where convicts seeking appeal, in certain cases, could have their sentences suspended and consequently let off on bail, pending the appeal.
For many years, several countries have had a well- grounded system ingrained in their administration of criminal justice where in several cases, (where the offences are mostly petty/common and the maximum sentence is less than two or three years as the case may be) a suspended sentence is awarded.
When a Court imposes a suspended sentence, it is not that the seriousness of the crime is not recognized. Apart from plainly being merciful and allowing the convict to remain in circulation in society - with the Damocles' Sword of being sent to prison hanging over his head as a deterrent - there is probably less chance of the offender, reoffending.
The biggest benefit is mutual - to the offender thus let off, as well as to those who are already in prison. The prison population is minimized, thereby maximizing the sparse facilities for the existing prison population. The other by-product of such a situation is preventing a "soft criminal" from having to spend quality time with the hardened ones.

Q. As per the author, there are several countries in the world which have well-grounded system ingrained in their administration of Criminal justice. Based on the author's argument which of the following is correct?

Passage - 5

The recent judgment of the Bombay High Court in Nishanth Harishchandra Salvi v. State Of Maharashtra noted several instances where the Act has been interpreted. In Para 9, it has observed,
"The Probation of Offenders(P.O. Act) Act is still in force, but 50 years down the line with ever increasing crime rate, the benefits of the P.O. Act, by judicial trend are not being extended to large number of cases. This is not to say that it ought not to be extended in appropriate cases. The benefits have not been encouraged in cases involving socio-economic offences, offences involving sex perversity cases involving moral turpitude or moral delinquency, cases involving misappropriation of property, gold smuggling, food adulteration offences, offences under Prevention of Corruption Act, and even in cases under Section 304A of IPC. Judicial trend has been cautious in not extending probation to persons who are educated and experienced in life and deliberately flout the law with impunity and to those who are potential dangers to the society."
The 41st report of the Law Commission, in 1969, introduced the concept of "suspension of sentence", which later on came to be embodied in section 389 of the Code of Criminal Procedure 1973. It was to be imposed in a very limited area of operation, where convicts seeking appeal, in certain cases, could have their sentences suspended and consequently let off on bail, pending the appeal.
For many years, several countries have had a well- grounded system ingrained in their administration of criminal justice where in several cases, (where the offences are mostly petty/common and the maximum sentence is less than two or three years as the case may be) a suspended sentence is awarded.
When a Court imposes a suspended sentence, it is not that the seriousness of the crime is not recognized. Apart from plainly being merciful and allowing the convict to remain in circulation in society - with the Damocles' Sword of being sent to prison hanging over his head as a deterrent - there is probably less chance of the offender, reoffending.
The biggest benefit is mutual - to the offender thus let off, as well as to those who are already in prison. The prison population is minimized, thereby maximizing the sparse facilities for the existing prison population. The other by-product of such a situation is preventing a "soft criminal" from having to spend quality time with the hardened ones.

Q. Based on the author's arguments in the passage above, which of the following statements is most inferential?