CLAT

Direction: Read the passages given below and answer the questions that follow.
Also, the Section 83 of the Jammu and Kashmir Reorganisation Act, 2019 reads: "On the appointed day, the President shall make a reference to the Fifteenth Finance Commission to include Union territory of Jammu [1] is an annual race held in karnataka where people sprint 142m through paddy fields with buffalo. During the race, the racers try to bring the buffaloes under control by holding their reins tight and whipping them, making it amply clear that the animal plays an equally important role in achieving the timing.
Traditionally, it is sponsored by local [2] landlords and households in the coastal districts of Dakshina Kannada and Udupi. [3] , a [1] jockey from Karnataka, is all set to get an opportunity to meet 'top' Sports Authority of India coaches after his record-breaking run at a [1] racing event earlier this month. [3] shot to fame after it came to light that the 28-year- old man had broken the record for the fastest run in [1], a sport from Karnataka where farmers sprint with a pair of buffaloes on slush tracks. [3] reportedly completed the 142m race in just 13.42s, setting a new record in the traditional sport of Karnataka. [3], who is a part-time construction worker, was soon compared to sprint great [4] on social media. A section of users calculated that [3] would have completed a 100m race in 9.55s, which is 0.03s faster than [4]'s 100m world record.

Who is the current Minister of State (Independent Charge) of the Ministry of Youth Affairs and Sports?

Directions : Study the following and answer the questions given below:

(i) Six persons Raj, Ram, Rajesh, Ramesh, Rohit and Ravi are sitting in a circle and their faces are is towards the circle.

(ii) Ravi is to the left of Ram and is opposite of Ramesh.

(iii) Rajesh is to right of Rohit.

Q.
Who is to the left of Ramesh?

Study the following information carefully and answer the given questions.

A word and number arrangement machine, when given an input line of words and numbers, rearranges them following a particular rule in each step. The following is an illustration of input and rearrangement.

Input : gone over 35 69 test 72 park 27

Step I : 27 gone over 35 69 test 72 park

Step II : 27 test gone over 35 69 72 park

Step III : 27 test 35 gone over 69 72 park

Step IV:   27 test 35 park gone over 69 72

Step V : 27 test 35 park 69 gone over 72

Step VI : 27 test 35 park 69 over gone 72

Step VII : 27 test 35 park 69 over 72 gone

Step VII is the last step of the rearrangement.

As per the rules followed in the above steps, find out in each of the following questions are appropriate step for the given input.

Q. 

Input : 86 open shut door 31 49 always 45 How many steps will be required to complete the rearrangement?

Read the following information carefully and answer the questions given below it:

I)  Five friends P, Q, R, S and T travelled to five different cities, Chennai, Kolkata, Delhi, Bengaluru and Hyderabad, by five different modes of transport, Bus, Train, Aeroplane, car and Boat, from Bombay.

II) The person who travelled to Delhi did not travel by boat.

III) R went to Begaluru by car and Q went to Kolkata by aeroplane.

IV) S travelled by boat whereas T travelled by train.

V) Mumbai is not connected by bus to Delhi and Chennai.

Q. 
Who among the following travelled to Delhi?

Paragraph: Fundamental rights, we have been repeatedly been told, do not exist in isolation. But, despite the theoretical affirmation of this idea, judicial practice is permeated by cases where some laws are seen as special, as untouched by the rigours of due process. Prime among them, as a recent judgment of the Jammu and Kashmir High Court in Mian Abdul Qayoom v. State of J&K shows us, are laws providing for preventive detention — in this case, the Jammu and Kashmir Public Safety Act, 1978 (‘PSA’).
The High Court, in its judgment, opened with the now customary panegyric on freedom. The right to personal liberty, wrote Justice TashiRabstan, is a “most precious right”. It has been held, he added, to be “transcendental, inalienable and available to a person independent of the Constitution”. And the right is not to be denied “except in accordance with procedures established under law” and that procedure, as held in Maneka Gandhi v. Union of India, had to be “just and fair”.
Effectively, therefore, the judgment places liberty at the pleasure of government. It reduces the Constitution’s core guarantees to a trifle. Yet, extraordinary as the verdict appears, a study of the history of the law of preventive detention in India, especially as applied in the State of J&K, would show us that we ought to have little to be surprised about. The ruling, in recognising boundless executive pre-eminence, only gives effect to a long-standing jurisprudence.
In the litany of precedents that the judgment has cited, pride of place is occupied by A.K. Gopalan v. State of Madras. There, the Supreme Court of India found that Article 21, which guarantees a right to life and personal liberty, does not require the state to follow due process. It was therefore, in the court’s belief, that Article 22 had been incorporated, stipulating a set of procedural parameters for preventive detention laws. And such laws, according to the court, were immunised from the limitations placed on the legislature by other fundamental rights.
The verdict in Gopalan has since been overruled. Not only has the Supreme Court held that the fundamental rights chapter comprises a network of mutually dependant promises but it has also ruled that Article 21 implicitly includes within it a guarantee of substantive due process. In other words, the clause demands that any action or law that limits liberty ought to fair, just, and reasonable, untouched by the caprices of the state.
In overruling Gopalan, the court’s rationale was simple: the absence of a substantive promise of due process would mean that the political executive is free to use the most whimsical of motives to restrict freedom. But ever since its enactment, the PSA has served precisely this purpose. It has been used by successive governments to quell even the slightest hint of dissent. And when review of the orders is sought, courts have invariably followed the model that has now been adopted in Mr. Qayoom’s case: an assumption that the executive knows best and that any decision made by it is beyond the scope of judicial enquiry.
The only thing transcendental about this approach is the omnipotent supremacy of the executive. In reducing judicial review to an irrelevance, the judgment, therefore, stands as an antithesis of the Constitution’s basic function. To understand the dangers inherent in vesting unbridled power of this kind, we do not need to see J&K as exemplifying a state of exception. Nor do we need to apprehend that the model employed will likely be adopted in other States.

Q. Does the author opine that the PSA is an antithesis to the Constitution? 

Directions: Below in each question are given two statements (I) and (II). These statements may be either independent causes or may be effects of independent causes. One of these statements may be the effect of the other statement. Read both the statements and decide which of the following answer choice correctly depicts the relationship between these two statements. Mark answer:

(a)  If statement I is the cause and statement II is its effect.

(b)  If statement II is the cause and statement I is its effect.

(c) If both the statement I and II are independent causes.

(d) If both the statements I and II are effects of independent causes.

(e) If both the statements I and II are effects of some  common cause.

Q. 

I. The Government has suspended several police officers in the city.

II. Five persons carrying huge quantity of illicit liquor were apprehended by the police. 

The (1) was formally launched three months ago by the US, Australia and Japan - all part of the 'Quad' where India is the fourth member - and is an acrossthe-board certification process for all aspects related to an infrastructure project and centred on transparency and sustainability. To explain that, a little backing up is needed to June 2019, when Department of Defense (DoD) published its 'Indo-Pacific Strategy Report'. This had some 91 references to China, and one section on the newly set up 'US International Development Finance Corporation' (DFC) with the mandate to mobilise private finance for infrastructure investment in small countries. This advisory process is interesting to say the least. Earlier, advice from an unnamed group of US experts led to (2) renegotiating a deal with China on the deep-water Kyaukpyu port much to Beijing's annoyance. The whole effort is being undertaken by a multitude of US departments with separate budgets, and acronyms. But the objective is clear: to push back on Chinese influence in the region. That is also an objective for India's security managers, but not one that New Delhi can do much about. Given the reality of proximate Chinese power, officials have preferred to keep the door open on BRI, even while going ahead with as much regional connectivity as possible under a limited budget. Indian enterprise has not stepped up to take the slack either. In sum, this new initiative delivers on two fronts. First, in pushing back rising Chinese influence; and second, it addresses India's grouse that the 'Indo-Pacific' thrust is far too focussed on security. This initiative is about development, to harness what US officials estimate at about $70 trillion of potential investment waiting in the wings. There is no doubt that Beijing is well aware of the dangers, with dismissing the (1) as 'delusional' in its ability to oppose the BRI.

Q. Which of the following ports is not being built by China under BRI initiative?

Rule A: When a State undertakes any measure, the effects of the measure must be the same for all those who are affected by it.

Rule B: When a State undertakes any measure, everyone affected must have an equal them to be benefit from it.

100 mountaineers embarked on an extremely risky climbing expedition in Leh. Weather conditions worsened five days into the expedition and the mountaineers are trapped under heavy show. The government received information of this tragedy only two weeks after the unfortunate incident and has only 24 hours in which to send rescue helicopters. Weather stations across the world confirm that this particular region of Leh will experience blizzards of unprecedented intensity for almost two weeks after this 24 hour window rendering any helicopter activity in the region impossible and certain death for anyone left behind. The government has only five rescue helicopters with a maximum capacity of 50 people (excluding pilots and requisite soldiers) and these helicopters can fly only once in 24 hours to such altitudes.

As the Air Force gets ready to send the helicopters, an emergency hearing is convened in the Supreme Court to challenge this measure as this would leave 50 people to die.

Q. 
As the government prepares to send in rescue helicopters, which option would be acceptable only under Rule B and not Rule A:

Directions: In this question below is given a statement followed by two assumptions numbered I and II. Consider the statement and decide which of the given assumptions is implicit. 
Statement:
‘I do not think the use or misuse of expensive gadgets, modern technology and the likes defines our generation. On the other hand, we are also intellectually superior than our previous generations as we’re more receptive to change, we like experimenting and the gadgets and technology are just the culmination of such traits.’– Mr Prakash during a debate on ‘Whether we control technology or the technology controls us’.
Assumptions: 
I. Being receptive to change and continuous experimentation leads to intellectual superiority.
II. The use of expensive gadgets leads to intellectual superiority.

The central bank doesn‘t disclose its foreign exchange management strategy, but it was evident in the last few years that the rupee was not allowed to appreciate despite healthy inflows, resulting in a rapid build-up of foreign exchange. From a low of $275 billion in September of 2013, when rupee came under severe pressure due to so-called ‘taper tantrums‘ by the US Federal Reserve, India now has record foreign exchange reserves of [1] billion, as on 21 August -a 95 per cent rise over seven years. Despite the Covid-19 pandemic, the foreign exchange kitty swelled by $62 billion since March. In this seven-year period, rupee ended the year with an appreciat ion against the dollar only once - in 2017. This year, the rupee is so far down by 2.04 per cent against the dollar. The latest RBI statement suggested that it is not uncomfortable with the appreciation in rupee, confirming the speculation among currency analysts that a departure was made in the exchange management policy.
The Reserve Bank of India (RBI) said that it will conduct liquidity operations worth Rs 20,000 crore in two tranches through sale and purchase of government securities (G-Secs). The two open market operations (OMOs) of Rs 10,000 crore each will be conducted on September 10 and 17, the central bank said in an official release. This is now the second such announcement in as many weeks. Last week, RBI had announced sale and purchase of GSecs worth Rs 20,000 crore, in two tranches, slated to be conducted on August 27 and September 3. In another move, RBI announced the infusion of Rs 1 lakh crore in mid September through long-term repo operations (LTROs) at floating rates, or the prevailing repo rate. Moreover, the central bank also gave an option to lenders who have earlier availed funds through LTROs, to reverse their transactions before maturity.

Passage: In the second week of August 1998, just a few days after the incidents of bombing the US embassies in Nairobi and Dar-es-Salaam, a highpowered, brain-storming session was held near Washington D.C., to discuss various aspects of terrorism. The meeting was attended by ten of America‘s leading experts in various fields such as germ and chemical warfare, public health, disease control and also by the doctors and the law- enforcing officers. Being asked to describe the horror of possible bio-attack, one of the experts narrated the following gloomy scenario. A culprit in a crowded business centre or in a busy shopping mall of a town empties a test tube containing some fluid, which in turn creates an unseen cloud of germ of a dreaded disease like anthrax capable of inflicting a horrible death within5 days on any one who inhales it. At first500,or so victims feel that they have mild influenza which may recede after a day or two. Then the symptoms return again and their lungs start filling with fluid. They rush to local hospitals for treatment, but the panic-stricken people may find that the medicare services run quickly out of drugs due to excessive demand. But no one would be able to realize that a terrorist attack has occurred. One cannot deny the possibility that the germ involved would be of contagious variety capable of causing an epidemic. The meeting concluded that such attacks, apart from causing immediate human tragedy, would have dire long-term effects on the political and social fabric of a country by way of ending people‘s trust on the competence of the government. The experts also said that the bombs used in Kenya and Tanzania were of the old-fashion variety and involved quantities of high explosives, but new terrorism will prove to be more deadly and probably more elusive than hijacking an aeroplane or a gelignite of previous decades. According to Bruce Hoffman, an American specialist on political violence, old terrorism generally had a specific manifesto-to overthrow a colonial power or the capitalist system and so on. These terrorists were not shy about planting a bomb or hijacking an aircraft and they set some limit to their brutality. Killing so many innocent people might turn their natural supporters off. Political terrorists want a lot of people watching but not a lot of people dead. ―Old terrorism sought to change the world while the new sort is often practised by those who believe that the world has gone beyond redemption, he added. Hoffman says, ―New terrorism has no long- term agenda but is ruthless in its shortterm intentions. It is often just a cacophonous cry of protest or an outburst of religious intolerance or a protest against the West in general and the US in particular. Its perpetrators may be religious fanatics or diehard opponent of a government and see no reason to show restraint. They are simply intent on inflicting the maximum amount of pain on the victim.
Directions: Choose the word which is most nearly the SAME in meaning of the word printed in bold as used in the passage.

Q. Elusive

Prachi ranks sixteenth from the top and fifteenth from the bottom in a certain examination. How many students are there in her class?                

Care should be taken when submitting manuscripts to book publishers. A suitable publisher should be chosen, by a study of his list of publications or an examination in the bookshops of the type of books in which he specializes. It is a waste of time and money to send the typescript of a novel to a publisher who publishes no fiction, or poetry to one who publishes no verse, though all too often this is done. A preliminary letter is appreciated by most publishers, and this should outline the nature and extent of the typescript and enquire whether the publisher would be prepared to read it (writers have been known to send out such letters of enquiry in duplicated form, an approach not calculated to stimulate a publisher’s interest). It is desirable to enclose the cost of return postage when submitting the typescript and finally it must be understood that although every reasonable care is taken of material in the Publishers’ possession, responsibility cannot be accepted for any loss or damage thereto.

Authors are strongly advised not to pay for the publication of their work. If a MS. Is worth publishing, a reputable publisher will undertake its publication at his own expense, except possibly for works of an academic nature. In this connection attention is called to the paragraphs on Self-publishing and vanity publishing, at the end of this section.

Q. In view of the writer –

FACTS: A cricket match was going on in a closed door stadium. A cricket fan who could not get into the stadium was watching the game by climbing up a nearby tree and sitting there. The cricket ball in the course of the game went out of the stadium and hit this person and injured him. He filed a suit against the organizers.

POSSIBLE DECISIONS:

(a) The organizers are liable to compensate the injured person.
(b) The organizers are not liable to compensate the injured person.
(c) The injured person should have avoided the place where he might be hit by the cricket ball.

POSSIBLE REASONS:

i) The organizers are responsible for the people inside the stadium.
ii) The organizers could not have foreseen somebody watching the game by climbing up a tree.
iii) A person crazy about something must pay the price for that.
iv) The organizers shall be liable to everybody likely to watch the game.
Your decision with the reason:

Each one has his reasons; for one, art is a flight: for another, a means of conquering. But one can flee into a hermitage, into madness, into madness, into death. One can conquer arm. Why does it have to be writing, why does one have to manage his escapes and conquests by writing? Because, behind the various aims of authors, there is a deeper and more immediate choice which is common to all of us. We shall try to elucidate this choice and we shall see whether it is not in the name of this very choice of writing that the engagement of writers must be required.

Each of our perceptions is accompanied by the consciousness that human reality is a ‘revealer’, that is, it is through human reality that ‘there is’ being, or, to put it differently, that man is the means by which things are manifested. It is our presence in the world which multiples relations. It is we who set up a relationship between this tree and that bit of sky. Thanks to us, that star which has been dead for millennia, that quarter moon, and that dark river are disclosed in the unity of a landscape. It is the speed of our auto and our airplane, which organizes the great masses of the earth. With each of our acts, the world reveals to us a new face. But, if we know that we are the directors of being, we also know that we are not its producers. If we turn away from this landscape, it will sink back into its dark permanence. At least, it will sink back; there is no one made enough to think that it is going to be annihilated. It is we who shall be annihilated, and the earth will remain in its lethargy until another consciousness comes along to awaken it. Thus, to our inner certainty of being ‘revealers’ is added that of being inessential in relation to the thing revealed.

One of the chief motives of artistic creation is certainly the need of feeling that we are essential in relationship to the world. If I fix on canvas or in writing, a certain aspect of the fields or the sea or a look on someone’s face which I have disclosed, I am conscious of having produced them by condensing relationships. By introducing order where there was none, by imposing the unity of mind on the diversity of things. That is, I think myself essential in relation to my creation. But this time, it is the created object which escapes me; I cannot reveal and produce at the same time. The creation becomes inessential in relation to the creative activity. First of all, even if it appears to others as definitive the created object always seems to us in a state of suspension; we can always change this line, that shade, that word. Thus, it never forces itself. A novice painter asked his teacher. ‘when should I consider my painting finished?’ And the teacher answered. ‘When you can look at it in amazement and say to yourself’ “I’m the one who did that!””

Which amounts to saying never. For it is virtually considering one’s work with someone else’s eyes and revealing what has been created. But it is self evident that we are proportionally less conscious of the thing produced and more conscious of our productive activity. When it is a matter of poetry or carpentry, we work according to traditional norms. With tools whose usage is codified, it is Heidegger’s famous hypothesis – they who are working with our hands. In this case, the result can seem to us sufficiently strange to preserve its objectivity in our eyes. But if we ourselves produce the rules of production, the measure, the criteria, and if our creative drive comes from the very depth of our heart, then we never find anything but ourselves in our work. It is we who have invented the laws by which we judge it. It is our history, our love, our gaiety that we recognize in it. Even if we should regard it without touching it any further, we never receive from it that gaiety or love, we put them into it. The results which we have obtained on canvas or paper never seem to us objective. We are too familiar with the processes of which they are ruse, and when we seek to perceive our work, we create it again, we repeat mentally the operations which produced each of its aspects that appear as a result. Thus, in the perception, the object is given as the essential thing and the subject as the inessential. The latter seeks essentiality in the creation and obtains it, but then it is the object which becomes the inessential.

The dialectic is nowhere more apparent than in the art of writing, for the literary object is a peculiar top, which exists only in movement. To make it come into view, a concrete act called reading is necessary, and it lasts only as long as this act can last. Beyond that, there are only black marks on paper. Now, the writer cannot read what he writes. Whereas the shoemaker can put on the shoes he has just made if they are his size, and the architect can live in the house he has built. In reading, one foresees; one waits. He foresees the end of the sentence, the following sentence, the next page. He waits for them, to confirm, or disappoint his foresights. The reading is composed of a host of hypotheses, followed by awakenings of hopes and deceptions. Readers are always ahead of the sentence they are reading in a merely probable future, which partly collapses and partly comes together in proportion as they progress, which withdraws from one page to the next and forms the moving horizon of the literary object. Without waiting, without a future, without ignorance, there is no objectivity.

Q. 

The implicit rationale for, or the philosophical foundation of, the intellectual property rights system in India is embodied in three underlying objectives. First, it seeks to strike a balance between the interest of producers on the one hand and consumers on the other, that is, those who develop the scientific knowledge or innovate and those who use the goods or services derived there from. Needless to say every country attempts the same, but where the balance is reached depends on the level of development. The "levels" of income in the economy and the stage of development in the society are thus particularly important in the context.

The logical exclusions from patentability follows from this objective. Methods of horticulture and agriculture, as also food, are excluded because such a large proportion of the population is dependent on agriculture for a livelihood. The purchasing power of the poor even for food is limited, while drugs and medicines are excluded because millions do not have access to basic health care.

Second, it endeavours to ensure rewards for the owners of knowledge or the innovators but, at the same time, aims to place a limit on the monopoly profits or the quasi-rents which may be appropriated by the entity that commercialises the technology or transforms the scientific knowledge into a marketable product. This is the logic of compulsory licensing. There are two underlying principles set out in the Patents Act: patents are granted to encourage inventions and to secure that the inventions are available in India: and patents are not granted merely to enable the patentees to enjoy a monopoly for the importation of the patented article.

Third, it attempts to create an environment which is conducive for the diffusion of existing technologies and the development of new technologies, in so far as technology is a basic determinant of development in a society that is a latecomer to industrialisation. The patentability of process alone, but not products, in some sectors, and the reduced term of patents derives from this objective.

Q.

Which of the following, according to the passage, are excluded from the Patent Act?

In these question symbols @, $, #,* and % are used with different meaning as follows:

‘A@B’ means ‘A is smaller than B’

‘A$B’ means ‘A is greater than B’

‘A#B’ means ‘A is either smaller than or equal to B’

‘A*B’ means ‘A is either greater than or equal to B’

‘A%B’ means ‘A is neither smaller than nor greater than B’

Q. 
Statements:

 H#T            T@L             L%F

I. F$H           II.H#L 

In this age of Globalisation, where economic motives precede over all virtues and traditions, protection of larger public interest from great corporate scandals has become matter of great importance. The valiant attempt in this regard was made by the Confederation of Indian Industries by coming up with the voluntary set of guidelines on Corporate Governance, subsequently adopted by SEBI through its Listing Agreement. The Whistle-blower policy in this regard has been recognized as one of the basic features of Corporate Governance Norms by most of the nations across the world.

However due to the lobbying of the Indian Corporations, the Whistle-blower policy, despite being a mandatory recommendation in the Murthy Committee Report, was diluted and made non mandatory provision under the Clause 49.

The passage deals with legal implications of this dilution and identifies the origin and legislative development of the policy and its need in the present corporate world. The present times need standards of corporate governance more than ever for despite the dominance of organizational actors in contemporary social life, law is desperately short of doctrines, institutions, and regulatory techniques that adequately control corporate entities. It has now become imperative to design and implement a dynamic mechanism of corporate governance, which protects the interests of relevant stakeholders without hindering the growth of enterprises because the corporate veil frequently deflects the penetration of legal values into and, indeed, the imposition of legal sanctions upon the corporate entity. Adversarial-trained lawyers often facilitate avoidance and evasion of corporate liability through ‘creative compliance’ with legal requirements. A commonly proffered solution to the problem of ensuring that legal values permeate the internal workings of the corporation is to require large institutions to regulate themselves in a way that is responsive to social concerns. On the other hand, it has not been an argument against corporate governance that not all well governed companies do well in the marketplace nor do the badly governed ones always sink. Counter to that is the fact that modern day corporations raise capital through investment by stakeholders whose interests are to be protected by the company management. Corporate governance is thus ‘concerned with ways of bringing the interests of investors and manager into line and ensuring that firms are run for the benefit of investors.

Q. What could be the reasoning behind corporations taking to lobbying against implementation of stringent legal principles on corporate governance?

Facts: A meets Z and Z's child on the high road. A takes the child, and threatens to fling it down a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse.