Test: Passage Based Legal Reasoning (Hard) - CLAT MCQ

Passage - 1

On October 13, 2019, Pradeep Tomar, a security guard, rushed with his 10-year-old son to Pilkhua police station in Hapur district in Uttar Pradesh. He had been summoned for interrogation in connection with a murder case. The son later said that his father was brutally tortured by the policemen in front of him for hours. When Tomar's condition deteriorated he was rushed to hospital, where he died. An FIR was registered against four policemen after the National Human Rights Commission took note of the case.

These incidents have brought into sharp focus the way Indian policemen torture and interrogate suspects in their custody leading to death in several cases. Strictures passed against policemen from time to time by learned judges of various courts notwithstanding, the police continue to brazenly torture suspects in their custody. Custodial deaths have been on the increase in recent

years. They increased by 9% from 92 in 2016 to 100 in 2017, according to the National Crime Records Bureau. The Supreme Court delivered a historic order in 2006 on police reforms. It stated, among other things, that every State should have a Police Complaints Authority where any citizen can lodge a complaint against policemen for any act of misdemeanour. However, only a few States have implemented the order. Others have not taken the matter seriously. The Law Commission on 30.10.2017 submitted its 273rd Report on "Implementation of United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment" along with a draft "The Prevention of Torture Bill, 2017".

As Criminal Laws are in the Concurrent List, this Report along with the draft Bill has been circulated to the State Governments/UTs for their views". It is primarily the responsibility of the State Government to appropriately prevent and ensure non-occurrence of police atrocities and protect the Human Rights of the citizen. However, the Central Government issues advisories and the NHRC issues guidelines/procedure to be followed in cases of death caused in Police action from time to time. Pursuant to the guidelines framed by NHRC, every death in custody (Judicial and Police) and rapes in custody are to be reported to NHRC within 24 hours of its occurrence. In all such case, the Commission calls for various reports including the inquest, post-mortem, videography of postmortem, magisterial inquiry report for ascertaining foul play or negligence, if any which resulted in the death. During various workshops, seminars and camp sittings, the Commission sensitizes senior officers in State Governments for better protection of Human Rights.

Q. Treaties do not create either obligations or rights for third states without their consent. Fundamental principle of international law accepted by the international community from which no derogation is permitted under any circumstances. Prohibition of torture is a non-degorable obligation on the State. Phulistan has an extradition treaty with Gulistan under which the extradited individual should not be tortured or killed. Gulistan has an extradition treaty with Fakedesh too; but that doesn't specify anything about torture. X is a most wanted terrorist in Fakedesh and is a suspect in a bomb blast in Gulistan. He was captured in Phulistan and was extradited on request to Gulistan. When the charges against him were withdrawn because of lack of evidence, he was extradited to Fakedesh on its request. Fakedesh employed various torture techniques on him. When Phulistan came to know of this, it raised an issue in the international forum against the torture meted out to X. Fakedesh replied that as it isn't a party to the extradition treaty between Phulistan and Gulistan, it needn't follow the rule of not using torture. Decide:

Passage - 1

On October 13, 2019, Pradeep Tomar, a security guard, rushed with his 10-year-old son to Pilkhua police station in Hapur district in Uttar Pradesh. He had been summoned for interrogation in connection with a murder case. The son later said that his father was brutally tortured by the policemen in front of him for hours. When Tomar's condition deteriorated he was rushed to hospital, where he died. An FIR was registered against four policemen after the National Human Rights Commission took note of the case.

These incidents have brought into sharp focus the way Indian policemen torture and interrogate suspects in their custody leading to death in several cases. Strictures passed against policemen from time to time by learned judges of various courts notwithstanding, the police continue to brazenly torture suspects in their custody. Custodial deaths have been on the increase in recent

years. They increased by 9% from 92 in 2016 to 100 in 2017, according to the National Crime Records Bureau. The Supreme Court delivered a historic order in 2006 on police reforms. It stated, among other things, that every State should have a Police Complaints Authority where any citizen can lodge a complaint against policemen for any act of misdemeanour. However, only a few States have implemented the order. Others have not taken the matter seriously. The Law Commission on 30.10.2017 submitted its 273rd Report on "Implementation of United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment" along with a draft "The Prevention of Torture Bill, 2017".

As Criminal Laws are in the Concurrent List, this Report along with the draft Bill has been circulated to the State Governments/UTs for their views". It is primarily the responsibility of the State Government to appropriately prevent and ensure non-occurrence of police atrocities and protect the Human Rights of the citizen. However, the Central Government issues advisories and the NHRC issues guidelines/procedure to be followed in cases of death caused in Police action from time to time. Pursuant to the guidelines framed by NHRC, every death in custody (Judicial and Police) and rapes in custody are to be reported to NHRC within 24 hours of its occurrence. In all such case, the Commission calls for various reports including the inquest, post-mortem, videography of postmortem, magisterial inquiry report for ascertaining foul play or negligence, if any which resulted in the death. During various workshops, seminars and camp sittings, the Commission sensitizes senior officers in State Governments for better protection of Human Rights.

Q. No confession made by any person whilst he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate, shall be proved as against such person. A woman was arrested for the murder of a young boy. She was intentionally left alone in the custody of villagers by the Police sub inspector so that the woman could confess her guilt. The woman, out of fear, made a statement before the villagers that she had murdered the boy. Later on, she was prosecuted on the basis of her own statement.

Passage - 1

On October 13, 2019, Pradeep Tomar, a security guard, rushed with his 10-year-old son to Pilkhua police station in Hapur district in Uttar Pradesh. He had been summoned for interrogation in connection with a murder case. The son later said that his father was brutally tortured by the policemen in front of him for hours. When Tomar's condition deteriorated he was rushed to hospital, where he died. An FIR was registered against four policemen after the National Human Rights Commission took note of the case.

These incidents have brought into sharp focus the way Indian policemen torture and interrogate suspects in their custody leading to death in several cases. Strictures passed against policemen from time to time by learned judges of various courts notwithstanding, the police continue to brazenly torture suspects in their custody. Custodial deaths have been on the increase in recent

years. They increased by 9% from 92 in 2016 to 100 in 2017, according to the National Crime Records Bureau. The Supreme Court delivered a historic order in 2006 on police reforms. It stated, among other things, that every State should have a Police Complaints Authority where any citizen can lodge a complaint against policemen for any act of misdemeanour. However, only a few States have implemented the order. Others have not taken the matter seriously. The Law Commission on 30.10.2017 submitted its 273rd Report on "Implementation of United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment" along with a draft "The Prevention of Torture Bill, 2017".

As Criminal Laws are in the Concurrent List, this Report along with the draft Bill has been circulated to the State Governments/UTs for their views". It is primarily the responsibility of the State Government to appropriately prevent and ensure non-occurrence of police atrocities and protect the Human Rights of the citizen. However, the Central Government issues advisories and the NHRC issues guidelines/procedure to be followed in cases of death caused in Police action from time to time. Pursuant to the guidelines framed by NHRC, every death in custody (Judicial and Police) and rapes in custody are to be reported to NHRC within 24 hours of its occurrence. In all such case, the Commission calls for various reports including the inquest, post-mortem, videography of postmortem, magisterial inquiry report for ascertaining foul play or negligence, if any which resulted in the death. During various workshops, seminars and camp sittings, the Commission sensitizes senior officers in State Governments for better protection of Human Rights.

Q. As per the provision of Indian Penal Code, if a person voluntarily causes hurt for the purpose of extorting confession from the sufferer or any information which may lead to the detection of an offence, he shall be punishable with imprisonment. X, a police officer tortures Y, to tell him where the stolen property was kept by him. Has X committed any offence?

Passage - 1

On October 13, 2019, Pradeep Tomar, a security guard, rushed with his 10-year-old son to Pilkhua police station in Hapur district in Uttar Pradesh. He had been summoned for interrogation in connection with a murder case. The son later said that his father was brutally tortured by the policemen in front of him for hours. When Tomar's condition deteriorated he was rushed to hospital, where he died. An FIR was registered against four policemen after the National Human Rights Commission took note of the case.

These incidents have brought into sharp focus the way Indian policemen torture and interrogate suspects in their custody leading to death in several cases. Strictures passed against policemen from time to time by learned judges of various courts notwithstanding, the police continue to brazenly torture suspects in their custody. Custodial deaths have been on the increase in recent

years. They increased by 9% from 92 in 2016 to 100 in 2017, according to the National Crime Records Bureau. The Supreme Court delivered a historic order in 2006 on police reforms. It stated, among other things, that every State should have a Police Complaints Authority where any citizen can lodge a complaint against policemen for any act of misdemeanour. However, only a few States have implemented the order. Others have not taken the matter seriously. The Law Commission on 30.10.2017 submitted its 273rd Report on "Implementation of United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment" along with a draft "The Prevention of Torture Bill, 2017".

As Criminal Laws are in the Concurrent List, this Report along with the draft Bill has been circulated to the State Governments/UTs for their views". It is primarily the responsibility of the State Government to appropriately prevent and ensure non-occurrence of police atrocities and protect the Human Rights of the citizen. However, the Central Government issues advisories and the NHRC issues guidelines/procedure to be followed in cases of death caused in Police action from time to time. Pursuant to the guidelines framed by NHRC, every death in custody (Judicial and Police) and rapes in custody are to be reported to NHRC within 24 hours of its occurrence. In all such case, the Commission calls for various reports including the inquest, post-mortem, videography of postmortem, magisterial inquiry report for ascertaining foul play or negligence, if any which resulted in the death. During various workshops, seminars and camp sittings, the Commission sensitizes senior officers in State Governments for better protection of Human Rights.

Q. Culpable homicide is not murder if the offender, being a public servant for the advancement of public justice, causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without ill-will towards the person whose death is caused. Whoever causes death by doing an act with the intention of causing death or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide. The Mumbai Police created an Anti-Gangster Squad (AGS) whose current project was to catch Mahmood dead or alive who had terrorized the whole society. On Sunday morning, Samar who is the head of the AGS received information about Mahmood hiding in a posh building at Lokhandwala. Samar goes to the place with a squad of AGS officers and surrounds the building. They notice some movement in the window of a flat and fire there. Mahmood is found dead later when they enter the room. Has Samar committed any offence?

Passage - 2
Juvenile delinquency is defined as "the habitual committing of criminal acts or offences by a young person, especially one below the age at which ordinary criminal prosecution is possible." These acts are committed mostly by teenagers, cumulative in today's civilization, which is a very concerning matter and cannot be snubbed. The more concerning matter is that generations of youth are believed to be the future of the world. Their behavior shows how tomorrow's future will be.

Juvenile delinquency has become a major problem, and only by addressing the basics can it be tackled. Attention towards co-curricular activities should be given to mould the child in the right and engaging way. The more he is forced to obey rules at school, diktats at home, more of the society, the more he will escape criminal acts in order to vent out his frustration. Forcing him will only make him hate it all. Hence, the approach should be to make exercises of discipline, etiquettes, and moral sense interesting. This is where cocurricular activities come into play.

Juvenile offenders have the same set of constitutional guarantees as an adult, such as a fair trial. But very often, adult offenders are able to secure bail faster than a juvenile offender. Merely because the juvenile is not punished, it can in no way take away his/her constitutional guarantees of liberty. The only difference is that, unlike adult offenders, the state must protect, and ultimately rehabilitate, juvenile offenders. But protection cannot become custody. Also, the statute stresses on privacy as a right for the juvenile offender. But in the garb of privacy, there is very little effort for scrutiny and transparency in the process. The statute focuses on necessary infrastructure with a significant involvement of informal systems, specifically the family, voluntary organizations, and the community, to provide a system separate from the criminal justice system. For this to become a reality, we must build effective linkages between districts and states, among various government agencies in association with child rights groups, along with effective legal services for the children and their families. Otherwise, juvenile justice will become a poor copy of the criminal justice system, only hardening the children caught in it.

Therefore, the Juvenile Justice law should address the issues relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established.

Q. With reference to the above passage, which of the following will be effective in tackling the problems associated with juvenile delinquency?
1. Providing bails easily for the minor offender
2. Giving the minor offender a proper right to privacy
3. Providing services which are parallel to the criminal justice system
4. Making sure that the offender is not unnecessarily imprisoned

Select the correct answer using the codes given below.

Passage - 2
Juvenile delinquency is defined as "the habitual committing of criminal acts or offences by a young person, especially one below the age at which ordinary criminal prosecution is possible." These acts are committed mostly by teenagers, cumulative in today's civilization, which is a very concerning matter and cannot be snubbed. The more concerning matter is that generations of youth are believed to be the future of the world. Their behavior shows how tomorrow's future will be.

Juvenile delinquency has become a major problem, and only by addressing the basics can it be tackled. Attention towards co-curricular activities should be given to mould the child in the right and engaging way. The more he is forced to obey rules at school, diktats at home, more of the society, the more he will escape criminal acts in order to vent out his frustration. Forcing him will only make him hate it all. Hence, the approach should be to make exercises of discipline, etiquettes, and moral sense interesting. This is where cocurricular activities come into play.

Juvenile offenders have the same set of constitutional guarantees as an adult, such as a fair trial. But very often, adult offenders are able to secure bail faster than a juvenile offender. Merely because the juvenile is not punished, it can in no way take away his/her constitutional guarantees of liberty. The only difference is that, unlike adult offenders, the state must protect, and ultimately rehabilitate, juvenile offenders. But protection cannot become custody. Also, the statute stresses on privacy as a right for the juvenile offender. But in the garb of privacy, there is very little effort for scrutiny and transparency in the process. The statute focuses on necessary infrastructure with a significant involvement of informal systems, specifically the family, voluntary organizations, and the community, to provide a system separate from the criminal justice system. For this to become a reality, we must build effective linkages between districts and states, among various government agencies in association with child rights groups, along with effective legal services for the children and their families. Otherwise, juvenile justice will become a poor copy of the criminal justice system, only hardening the children caught in it.

Therefore, the Juvenile Justice law should address the issues relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established.

Q. Which of the following is a correct inference that can be drawn about the author of the passage?
1. The author is criminal lawyer.
2. The author is in favour of judicial reform.

Select the correct answer using the codes given below,

Passage - 2
Juvenile delinquency is defined as "the habitual committing of criminal acts or offences by a young person, especially one below the age at which ordinary criminal prosecution is possible." These acts are committed mostly by teenagers, cumulative in today's civilization, which is a very concerning matter and cannot be snubbed. The more concerning matter is that generations of youth are believed to be the future of the world. Their behavior shows how tomorrow's future will be.

Juvenile delinquency has become a major problem, and only by addressing the basics can it be tackled. Attention towards co-curricular activities should be given to mould the child in the right and engaging way. The more he is forced to obey rules at school, diktats at home, more of the society, the more he will escape criminal acts in order to vent out his frustration. Forcing him will only make him hate it all. Hence, the approach should be to make exercises of discipline, etiquettes, and moral sense interesting. This is where cocurricular activities come into play.

Juvenile offenders have the same set of constitutional guarantees as an adult, such as a fair trial. But very often, adult offenders are able to secure bail faster than a juvenile offender. Merely because the juvenile is not punished, it can in no way take away his/her constitutional guarantees of liberty. The only difference is that, unlike adult offenders, the state must protect, and ultimately rehabilitate, juvenile offenders. But protection cannot become custody. Also, the statute stresses on privacy as a right for the juvenile offender. But in the garb of privacy, there is very little effort for scrutiny and transparency in the process. The statute focuses on necessary infrastructure with a significant involvement of informal systems, specifically the family, voluntary organizations, and the community, to provide a system separate from the criminal justice system. For this to become a reality, we must build effective linkages between districts and states, among various government agencies in association with child rights groups, along with effective legal services for the children and their families. Otherwise, juvenile justice will become a poor copy of the criminal justice system, only hardening the children caught in it.

Therefore, the Juvenile Justice law should address the issues relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established.

Q. Choose the option that best captures the essence of the text.

Passage - 2
Juvenile delinquency is defined as "the habitual committing of criminal acts or offences by a young person, especially one below the age at which ordinary criminal prosecution is possible." These acts are committed mostly by teenagers, cumulative in today's civilization, which is a very concerning matter and cannot be snubbed. The more concerning matter is that generations of youth are believed to be the future of the world. Their behavior shows how tomorrow's future will be.

Juvenile delinquency has become a major problem, and only by addressing the basics can it be tackled. Attention towards co-curricular activities should be given to mould the child in the right and engaging way. The more he is forced to obey rules at school, diktats at home, more of the society, the more he will escape criminal acts in order to vent out his frustration. Forcing him will only make him hate it all. Hence, the approach should be to make exercises of discipline, etiquettes, and moral sense interesting. This is where cocurricular activities come into play.

Juvenile offenders have the same set of constitutional guarantees as an adult, such as a fair trial. But very often, adult offenders are able to secure bail faster than a juvenile offender. Merely because the juvenile is not punished, it can in no way take away his/her constitutional guarantees of liberty. The only difference is that, unlike adult offenders, the state must protect, and ultimately rehabilitate, juvenile offenders. But protection cannot become custody. Also, the statute stresses on privacy as a right for the juvenile offender. But in the garb of privacy, there is very little effort for scrutiny and transparency in the process. The statute focuses on necessary infrastructure with a significant involvement of informal systems, specifically the family, voluntary organizations, and the community, to provide a system separate from the criminal justice system. For this to become a reality, we must build effective linkages between districts and states, among various government agencies in association with child rights groups, along with effective legal services for the children and their families. Otherwise, juvenile justice will become a poor copy of the criminal justice system, only hardening the children caught in it.

Therefore, the Juvenile Justice law should address the issues relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established.

Q. By addressing the basics issues the problem of Juvenile delinquency can be tackled...here by basics the author refers to

Passage - 3
Under our Constitution, the Legislature, Executive and Judiciary all have their own broad spheres of operation. Ordinarily it is not proper for any of these three organs of the State to encroach upon the domain of another, otherwise the delicate balance in the Constitution will be upset, and there will be a reaction. Judges must know their limits and must not try to run the Government. They must have modesty and humility, and not behave like Emperors. There is broad separation of powers under the Constitution and each organ of the State the legislature, the executive and the judiciary must have respect for the others and must not encroach into each other’s domains.

The theory of separation of powers first propounded by the French thinker Montesquieu (in his book ‘The Spirit of Laws' broadly holds the field in India too. In chapter XI of his book ‘The Spirit of Laws’ Montesquieu writes:

When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. Again, there is no liberty, if the judicial power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression.

In India, the judiciary occupies an important place. The constitution visualizes an independent judiciary to safeguard the rights of citizens. In a democratic polity, the independent judiciary is a sine qua non to the effective functioning of the system. Administration has to function according to the law and the Constitution. The judiciary has an important role to play in protecting the citizen against the arbitrary exercise of power by administration. In the context of ever-expanding activities of government and discretionary powers vested in the various administrative agencies and public officials, the need to protect and safeguard the citizen's rights assumes significance and priority. In developing societies where the state is playing an important role in development, judiciary has a special responsibility to ensure social justice to the underprivileged sections of the community. However, it must be admitted that the courts cannot interfere in the administrative activities on their own accord even if such activities are arbitrary. They act only when their intervention is sought. Judicial intervention is restrictive in nature and limited in its scope.

Q. Which among the following is the most critical inference that can be made from the above passage?

Passage - 3
Under our Constitution, the Legislature, Executive and Judiciary all have their own broad spheres of operation. Ordinarily it is not proper for any of these three organs of the State to encroach upon the domain of another, otherwise the delicate balance in the Constitution will be upset, and there will be a reaction. Judges must know their limits and must not try to run the Government. They must have modesty and humility, and not behave like Emperors. There is broad separation of powers under the Constitution and each organ of the State the legislature, the executive and the judiciary must have respect for the others and must not encroach into each other’s domains.

The theory of separation of powers first propounded by the French thinker Montesquieu (in his book ‘The Spirit of Laws' broadly holds the field in India too. In chapter XI of his book ‘The Spirit of Laws’ Montesquieu writes:

When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. Again, there is no liberty, if the judicial power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression.

In India, the judiciary occupies an important place. The constitution visualizes an independent judiciary to safeguard the rights of citizens. In a democratic polity, the independent judiciary is a sine qua non to the effective functioning of the system. Administration has to function according to the law and the Constitution. The judiciary has an important role to play in protecting the citizen against the arbitrary exercise of power by administration. In the context of ever-expanding activities of government and discretionary powers vested in the various administrative agencies and public officials, the need to protect and safeguard the citizen's rights assumes significance and priority. In developing societies where the state is playing an important role in development, judiciary has a special responsibility to ensure social justice to the underprivileged sections of the community. However, it must be admitted that the courts cannot interfere in the administrative activities on their own accord even if such activities are arbitrary. They act only when their intervention is sought. Judicial intervention is restrictive in nature and limited in its scope.

Q. Suppose a Judge gives the direction to create the post of tractor driver and regularizing the services against the newly created posts, will it be right that the judiciary is entering into policy making?

Passage - 3
Under our Constitution, the Legislature, Executive and Judiciary all have their own broad spheres of operation. Ordinarily it is not proper for any of these three organs of the State to encroach upon the domain of another, otherwise the delicate balance in the Constitution will be upset, and there will be a reaction. Judges must know their limits and must not try to run the Government. They must have modesty and humility, and not behave like Emperors. There is broad separation of powers under the Constitution and each organ of the State the legislature, the executive and the judiciary must have respect for the others and must not encroach into each other’s domains.

The theory of separation of powers first propounded by the French thinker Montesquieu (in his book ‘The Spirit of Laws' broadly holds the field in India too. In chapter XI of his book ‘The Spirit of Laws’ Montesquieu writes:

When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. Again, there is no liberty, if the judicial power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression.

In India, the judiciary occupies an important place. The constitution visualizes an independent judiciary to safeguard the rights of citizens. In a democratic polity, the independent judiciary is a sine qua non to the effective functioning of the system. Administration has to function according to the law and the Constitution. The judiciary has an important role to play in protecting the citizen against the arbitrary exercise of power by administration. In the context of ever-expanding activities of government and discretionary powers vested in the various administrative agencies and public officials, the need to protect and safeguard the citizen's rights assumes significance and priority. In developing societies where the state is playing an important role in development, judiciary has a special responsibility to ensure social justice to the underprivileged sections of the community. However, it must be admitted that the courts cannot interfere in the administrative activities on their own accord even if such activities are arbitrary. They act only when their intervention is sought. Judicial intervention is restrictive in nature and limited in its scope.

Q. Suppose the Judiciary has intervened in the questions involving, allotment of a particular bungalow to a Judge, specific bungalows for the Judges pool, monkeys capering in colonies, stray cattle on the streets, will it be safe to say that the Judiciary is disturbing the delicate balance of the Constitution?

Passage - 3
Under our Constitution, the Legislature, Executive and Judiciary all have their own broad spheres of operation. Ordinarily it is not proper for any of these three organs of the State to encroach upon the domain of another, otherwise the delicate balance in the Constitution will be upset, and there will be a reaction. Judges must know their limits and must not try to run the Government. They must have modesty and humility, and not behave like Emperors. There is broad separation of powers under the Constitution and each organ of the State the legislature, the executive and the judiciary must have respect for the others and must not encroach into each other’s domains.

The theory of separation of powers first propounded by the French thinker Montesquieu (in his book ‘The Spirit of Laws' broadly holds the field in India too. In chapter XI of his book ‘The Spirit of Laws’ Montesquieu writes:

When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. Again, there is no liberty, if the judicial power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression.

In India, the judiciary occupies an important place. The constitution visualizes an independent judiciary to safeguard the rights of citizens. In a democratic polity, the independent judiciary is a sine qua non to the effective functioning of the system. Administration has to function according to the law and the Constitution. The judiciary has an important role to play in protecting the citizen against the arbitrary exercise of power by administration. In the context of ever-expanding activities of government and discretionary powers vested in the various administrative agencies and public officials, the need to protect and safeguard the citizen's rights assumes significance and priority. In developing societies where the state is playing an important role in development, judiciary has a special responsibility to ensure social justice to the underprivileged sections of the community. However, it must be admitted that the courts cannot interfere in the administrative activities on their own accord even if such activities are arbitrary. They act only when their intervention is sought. Judicial intervention is restrictive in nature and limited in its scope.

Q. If Courts enter into executive domain or in matters of policy, which principle or standard will it be violating?