CLAT

Two principles are involved in the controversy about the presence of foreign controlled media in the country; the free flow of ideas and images across national borders and the need to safe-guard the national interest and preserve cultural autonomy. Both are valid but both are at loggerheads because each has been used to promote less lofty goals. The first principle conforms to a moral imperative. Freedom of expression cannot rhyme with restrictions imposed by any government. But the free flow rhetoric also clouds the fact that the powerful Western, and especially American, media can and often do present, subtly or brazenly, news in a manner which promotes Western political, ideological and strategic interests. Besides, Western entertainment programmes preset lifestyles and values, which run counter to the lifestyles and values cherished by traditional societies. All this explains why so many Indian newspapers, magazines and news agencies have sought protection from the courts to prevent foreign publications and news agencies from operating in the country. Their arguments are weak on two counts. As the bitter debate on a new world information and communication order demonstrated in the late seventies and early eighties, many of these who resent Western “invasion” in the information and cultural fields are no great friends of democracy. Secondly, the threat of such an “invasion” has been aired by those media groups in the developing countries who fear that their business interests will be harmed if western groups, equipped with large financial and technological resources and superior management skills, are allowed to operate in the country without let. The fear is valid but it goes against the grain of the economic reform programme. The presence of foreign newspapers and television channels will increase competition, which, in course of time, can only lead to the upgradation of dynamic Indian newspapers and television channels even while they drive the rest out of the market. One way to strike a balance between the two antagonistic principles would be to allow foreign media entry into the country, provided the Indian state treats them on par with the domestic media on all fronts. On the import of technology, for instance, foreign media cannot be allowed duty concessions denied to their Indian counterparts.
Foreign media will also have to face the legal consequences should they run foul of Indian laws. Why, for example, should the BBC, or Time magazine or the Economist get away with showing a map of Kashmir which is at variance with the official Indian map? Why should they go scot-free when they allow secessionists and terrorists to air their views without giving the government the right to reply? Or when they depict sexually explicit scenes, which would otherwise not be cleared by the Censor Board? Since the government can do precious little in the matter, especially about satellite broadcasts, what if it should consider attaching the properties of the offending parties? Demands of this kind are bond to be voiced unless New Delhi makes it clear to the foreign media that they will have to respect India’s susceptibilities, especially where it concerns the country’s integrity and its culture. It may be able to derive same inspiration from France’s successful attempts in the recent GATT to protect its cinematographic industry.

Q. Which of the following is one of the points weakening the argument to prevent entry of foreign media?

Study the following information to answer the given questions:

A word arrangement machine when given an input line of words rearranges them following a particular rule. The following is an illustration of input and rearrangement.

Input: age road own wire tier ink pen uni dice eat

Step I: uni age road own wire tier ink pen eat dice

Step II: uni own age road wire tier ink eat pen dice

Step III: uni own ink age wire tier eat road pen dice

Step IV: uni own ink eat age wire tier road pen dice

And step four is the last step of the rearrangement.

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

Input for the questions

Input: gem stat ace cast omit fan rate uncut era input

Q.

Which step number would be the following output?  uncut omit gem stat ace rate era input fan cast

Direction: Read the passage given below. Choose the best options for the Question.

IOT has had an impact across all fields, be it industries, government, small or large businesses and even for Personal Consumption.

What is IOT (Internet of things) you might ask. It’s been a growing topic of conversation for some time now. Put in the simplest term it means anything that has an on and off button and is connected to the internet for receiving, analyzing, storing or sending data. This could mean anything, from the watch that you wear to airplanes that can be controlled from a remote location. According to the analyst firm Gartner, by the year 2020 we’ll have over 26 billion connected devices. That could mean people to people, people connected to things and things connected to things.The new rule of the future is going to be “Anything that can be connected will be connected”. Take for example that when you set an alarm to wake up and that alarm goes off it not only wakes you up but also brews your coffee, sets the right temperature of water for your bath, puts on the television to bring you the latest updates from around the globe and all this before you even put a foot out of your bed. This is all done by simply getting the network of interconnected things/devices that have embedded sensors, network connectivity, software and necessary electronics that collect and exchange data.      To show how far we have come with technology and connectivity, we have smart watches such as Fitbit, Garmin to name a few that have changed the way we look at time. We have one device that not only tells us the time but also tracks the number of steps, calories and our heart rate. This watch is actually connected to our phone so with just one turn of the wrist one can tell who is calling or what messages have been received without having to dig through pockets or handbags.
IOT is making its presence felt in health care as well. Doctors can now remotely monitor and communicate with their patients and health care providers can benefit from this. Whether data comes from foetal monitors, electrocardiograms, temperature monitors or blood glucose levels, tracking this information is vital for some patients. Many of this requires follow up interaction with healthcare professionals. With smarter devices that deliver more valuable data it can reduce the need for direct patient- physician interaction.
Take for instance in the sporting field, minute chips are being attached to balls and bats which will transmit information of how  fast the ball is travelling and a batsman’s moves, the time, the angles, the pressure on the bat at different positions, data of the muscle stretch if he’s hit a six so on and so forth.
Formula one cars are also being fitted with these sensors which relays information on the minute moves being made by the driver. Chips are also being put into wearable devices of sportsmen to detect  suboptimal action of any body parts to show signs of stress or strain which will help in the early detection of injuries and take preventive measures.
IOT has had an impact across all fields, be it industries, government, small or large business and even for personal consumption. IBM, Google, Intel, Microsoft and Cisco are some of the top players in the IOT spectrum.
With billions of devices connected security becomes a big issue. How can people make sure that their data is safe and secure? This is one of the major concerns in the IOT that becomes a hot topic. Another issue is with all these billions of devices sharing data companies will be faced with the problem of how to store, track, analyse and make vast sense of the information being generated. Companies are monitoring the network segment to identify anomalous traffic and to take action if necessary.
Now that we have a fair understanding of IOT let’s see what impact it’s had on the education sector. The only constant in our lives is change and learning. From the get go we learn, be it to the walk, talk or run.
We adapt to the changing times and constantly learn from it. Education or learning as we know it in the broader sense is the most important of all and the one that decides which way we handle those changes to impact us and the world.
Today’s world is fast paced and to keep up with this we need an infusion of speed with learning. From the classroom assignments, lectures, blackboards and chalk we have come a long way to what is now known as e-learning (electronic learning) or m-learning (mobile learning). With the GenNext it is imperative to provide the right kind of education.
The rise of technology and IOT allows schools to improve the safety of their campuses, keep track of resources and enhance access to information. It ensures data quality being the top priority but also facilitates development of content allowing teachers to use this technology to create smart lesson plans and ensuring the reach of this content to any corner of the world.

Teachers can use this data:

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. If the judgment in A. K. Gopalan case had not been overruled, will the verdict be different in the case of Mian Abdul Qayoom v. State of J&K, given in the passage?

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: where 47 59 12 are they going 39. Which of the following steps will be the last  but one?

Climate change is considered to be one of the most serious threats to sustainable development, with adverse impact on the environment, human health, food security, economic activity, natural resources and physical infrastructure. According to the Intergovernmental Panel on Climate Change (IPCC), the effects of climate change have already been observed, and scientific findings indicate that precautionary and prompt action is necessary. Vulnerability to climate change is not just a function of geography or dependence on natural resources; it also has social, economic and political dimensions which influence how climate change affects different groups. Poor people rarely have insurance to cover loss of property due to natural calamines i.e. drought, floods, super cyclones etc. The poor communities are already struggling to cope with the existing challenges of poverty and climate variability and climate change could push many beyond their ability to cope or even survive. It is vital that these communities are helped to adapt to the changing dynamics of nature. Adaptation is a process through which societies make themselves better able to cope with an uncertain future. Adapting to climate change entails taking the right measures to reduce the negative effect of climate change (or exploit the positive ones) by making the appropriate adjustments and changes. These range from technological options such as increased sea defences or flood proof houses on stilts to behavioural change at the individual level, such as reducing water use in times of drought. Other strategies include early warning systems for extreme events, better water management, improved risk management, various insurance options and biodiversity conservation. Because of the speed at which climate change is happening due to global temperature rise, it is urgent that the vulnerability of developing countries to climate change is reduced and their capacity to adapt is increased and national adaptation plans are implemented.  Communities must build their resilience, including adopting appropriate technologies while making the most of traditional knowledge, and diversifying their livelihoods to cope with current and future climate stress. Local coping strategies and knowledge need to be used in synergy with government and local interventions. The need of adaptation interventions depends on national circumstances. There is a large body of knowledge and experience within local communities on coping with climatic variability and extreme weather events. Local communities have always aimed to adapt to variations in their climate. Local coping strategies are an important element of planning for adaptation. Traditional knowledge can help to provide efficient, appropriate and time tested ways of advising and enabling adaptation to climate change in communities who are feeling the effects of climate changes due to global warming.

Passage: In a disarmingly frank talk at the Indian Merchants Chamber in Mumbai, the Japanese Ambassador in India dwelt at length on issues that exercise the minds of Japanese investors when they consider investment proposals in India. Raising the question ―What comparative advantages does India offer as an investment market?, he said though labour in India is inexpensive, wage levels are offset by productivity level to a large extent.
Acknowledging that the vastness of the Indian market is a great inducement for investment in manufacturing industry, he wondered if it was justifiable to provide that overseas remittance of profit in foreign exchange be fully covered by exchange earnings as had been done. Significantly, on the eve of the Prime Minister‘s visit to Japan, the government delinked profits repatriation from exports, meeting this demand. The Ambassador said foreign investors needed to be assured of the continuity and consistency of the liberalisation policy and the fact that new measures had been put into force by means of administrative notifications without amending government laws acted as a damper. The Ambassador pleaded for speedy formulation of the exit policy and pointed to the highly restrictive control by the government on disinvestment by foreign partners in joint ventures in India. While it is all too easy to dismiss critical comment on conditions in India contemptuously, there can be little doubt that if foreign investment is to be wooed assiduously, we will have to meet exacting international standards and cater at least partially to what we may consider the idiosyncrasies of our foreign collaborators. The Japanese too have passed through a stage in the fifties when their products were derided as sub-standard and shoddy. That they have come out of that ordeal of fire to emerge as an economic superpower speakes as much of their doggedness to pursue goals against all odds as of their ability to improvise and adapt to internationally acceptable standards. There is no gainsaying that the past record Japanese investment is a poor benchmark for future expectations.

Q. Which of the following statement(s) is/are true about the critical comments on investment conditions in India?
(A) These comments are difficult to be countered.
(B) These comments are received from various international quarters.
(C) These comments are based more on biases than on facts.

Passage: Management is a set of processes that can keep a complicated system of people and technology running smoothly. The most important aspects of management include planning, budgeting, organizing, staffing, controlling, and problem-solving. Leadership is a set of processes that creates organisations in the first place or adapts them to significantly changing circumstances. Leadership defines what the future should look like, aligns people with that vision, and inspires them to make it happen despite the obstacles. This distinction is absolutely crucial for our purposes here: Successful transformation is 70 to 90 per cent leadership and only 10 to 30 per cent management. Yet for historical reasons, many organisations today don‘t have much leadership. And almost everyone thinks about the problems here as one of managing change. For most of this century, as we created thousands and thousands of large organizations for the first time in human history, we didn‘t have enough good managers to keep all those burrreaucracies functioning. So many companies and universities developed management programmes, and hundreds and thousands of people were encouraged to learn management on the job. And they did. But, people were taught little about leadership. To some degree, management was emphasized because it‘s easier to teach than leadership. But even more so, management was the main item on the twentieth-century agenda because that‘s what was needed. For every entrepreneur or business builder who was a leader, we needed hundreds of managers to run their ever growing enterprises. Unfortunately for us today, this emphasis on management has often been institutionalized in corporate cultures that discourage employees from learning how to lead. Ironically, past success is usually the key ingredient in producing this outcome.
The syndrome, as I have observed it on many occasions, goes like this: success creates some degree of market dominance, which in turn produces much growth. After a while keeping the ever larger organizations under control becomes the primary challenge. So attention turns inward, and managerial competencies are nurtured. With a strong emphasis on management but not on leadership, bureaucracy and an inward focus take over. But with continued success, the result mostly of market dominance, the problem often goes unaddressed and an unhealthy arrogance begins to evolve. All of these characteristics then make any transformation effort much more difficult. Arrogant managers can over- evaluate their current performance and competitive position, listen poorly, and learn slowly. Inwardly focused employees can have difficulty seeing the very forces that present threats and opportunities.
Bureaucratic cultures an smother those who want to respond to shifting conditions. And the lack of leadership leaves no fore inside these organizations to break out of the morass.

Q. In the passage, management is equated with

Definition of Attempt: Lord Blackburn has said that “there is no doubt that there is difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime.”

1) Fault element: Intention or knowledge requisite for committing an offence; and

2) Conduct Element: does any act towards its commission and has crossed the state of preparation. This act is so closely connected with, and proximate to the commission that it fails in object because of facts not known to him or because of circumstances beyond his control.

Q. ‘JAM’ denied food to his wife JANE for several days by keeping her confined in a room with an intention to accelerate her death. JANE ultimately managed to escape.

In which of the following cases, ‘P’ did not owe duty of care to ‘Q’.

The World Trade Organisation (WTO) was created in the early 1990s as a component of the Uruguay Round negotiation. However, it could have been negotiated as part of the Tokyo Round of the 1970s, since negotiation was an attempt at a ‘constitutional reform’ of the General Agreement on Tariffs and Trade (GATT). Or it could have been put off to the future, as the US government wanted. What factors led to the creation of the WTO in the early 1990s? One factor was the pattern of multilateral bargaining that developed late in the Uruguay Round. Like all complex international agreements, the WTO was a product of a series of trade-offs between principal actors and groups. For the United States, which did not want a new organization, the disputed settlement part of the WTO package achieved its longstanding goal of a more effective and more legal dispute settlement system. For the Europeans, who by the 1990s had come to view GATT dispute settlement less in political terms add more as a regime of legal obligations, the WTO package was acceptable as a means to discipline the resort to unilateral measures by the United States. Countries like Canada and other middle and smaller trading partners were attracted by the expansion of a rule-based system and by the symbolic value of a trade organization, both of which inherently support the weak against the strong. The developing countries were attracted due to the provisions banning unilateral measures. Finally, and perhaps most important, many countries at the Uruguay Round came to put a higher priority on the export gains than on the import losses that the negotiation would produce, and they came to associate the WTO and a rule-based system with those gains. This reasoning – replicated in many countries – was contained in U. S. Ambassador Kantor’s defence of the WTO, and it announced to a recognition that international trade and its benefits cannot be enjoyed unless trading nations accept the discipline of a negotiated rule-based environment. A second factor in the creation of the WTO was pressure from lawyers and the legal process. The dispute settlement system of the WTO was seen as a victory of legalists but the matter went deeper than that. The GATT, and the WTO, are contract organizations based on rules, and it is inevitable that an organization creating a further rule will in turn be influenced by legal process. Robert Hudee has written of the ‘momentum of legal development’, but what is this precisely? Legal development can be defined as promotion of the technical legal values of consistency, clarity (or certainty) and effectiveness; these are values that those responsible for administering any legal system will seek to maximize. As it played out in the WTO, consistency meant integrating under one roof the whole lot of separate agreements signed under GATT auspices; clarity meant removing ambiguities about the powers of contracting parties to make certain decisions or to undertake waivers; and effectiveness meant eliminating exceptions arising out of grandfather-rights and resolving defects in dispute settlement procedures and institutional provisions. Concern for these values is inherent in any rule-based system of co-operation, since without these value rules would be meaningless in the first place, therefore, create their own incentive for fulfilment. The moment of legal development has occurred in other institutions besides the GATT, most notably in the European Union (EU). Over the past two decades the European Court of Justice (ECJ) has consistently rendered decisions that have expanded incrementally the EU’s internal market, in which the doctrine of ‘mutual recognition’ handed down in Cassis de Dijon case in 1979 was a key turning point. The court is now widely recognized as a major player in European integration, even though arguably such a strong role was not originally envisaged in the Treaty of Rome, which initiated the current European Union. One means the Court used to expand integration was the ‘teleological method of interpretation’, whereby the actions of member states were evaluated against ‘the accomplishment of the most elementary goals set forth in the Preamble to the (Rome) treaty. The teleological method represents an effort to keep current policies consistent with slated goals, and it is analogous to the effort in GATT to keep contracting party trade practices consistent with slated rules. In both cases legal concerns and procedures are an independent force for further co-operation.
In the large part the WTO was an exercise in consolidation. In the context of a trade negotiation that created a near-revolutionary expansion of international trade rules, the formation of the WTO was a deeply conservative act needed to ensure that the benefits of the new rules would not be lost. The WTO was all about institutional structure and dispute settlement: these are the concerns of conservatives and not revolutionaries, that is why lawyers and legalists took the lead on these issues. The WTO codified the GATT institutional practice that had developed by custom over three decades, and it incorporated a new dispute settlement system that was necessary to keep both old and new rules from becoming a sham. Both the international structure and the dispute settlement system were necessary to preserve and enhance the integrity of the multilateral trade regime that had been built incrementally from the 1940s to the 1990s.

Directions  Below is given a passage followed by several possible inferences which can be drawn from the facts stated in the passage? You have to examine each inference separately in the context of the passage and decide upon its degree of truth or falsity. 

Statement : In India, we are still struggling with elementary problems of healthcare. Our performance in health-related sectors like provision of drinking water, sanitation, education and nutrition remain poor. The healthcare system itself is extremely inadequate and particularly missing at the village level. As our bureaucrats systematically decimated the Community Health Worker (CHW) programme, we face an unenviable prospect of facing the old and new health challenges without infrastructure at the grassroots. Ironically, in the name of infrastructure, various Indian states are busy building tertiary institutes – hospitals – on World Bank loans. Aid agencies are also pushing one programme after another, overlooking the absence of adequate infrastructure at the village level. Unfortunately, no one talks of facilities at the village level.

 Other countries have made rapid progress in elementary problems of healthcare by now.

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 –

Prime Minister Narendra Modi on Saturday said major global firms are looking at India as a major investment destination, which is reflected by a robust inflow of Foreign Direct Investment (FDI) last financial year, and through ‘Atmanirbhar Bharat Abhiyan’ (Self-Reliant India init iative) the country is shift ing its focus from ‘Make in India‘ to ‘Make for world‘. He said Independent India should be “vocal for local” and asked citizens to glorify Indian products to promote ‘Atmanirbhar Bharat‘. Unveiling his vision of a Self-Reliant India, the Prime Minister said that the government has unveiled over Rs 110 lakh crore National Infrastructure Pipeline (NIP) to boost the economy and create jobs. “In order to rapidly modernise India, there is a need to give a new direction to overall infrastructure development,” he said, adding that over 7,000 projects under NIP have been already identified. “This will be, in a way, a new revolution in the field of infrastructure. This is the time to end silos in infrastructure. There is a plan to connect the entire country with multimodel connectivity infrastructure,” he said. NIP will play a crucial role in overcoming the adverse impact of Covid-19 on the economy and catapult the economy in a higher growth trajectory, he said. The government on December 31 last year unveiled the NIP with an aim to make India a $5 trillion economy by 2024-25. The focus of the infrastructure pipeline is to accelerate growth and create employment in both urban and rural areas.

Study the following informations carefully to answer these questions.

          (i) ‘P * Q’ means ‘P is father of Q’.

          (ii) ‘P # Q’ means ‘P is sister of Q’.

          (iii) ‘P + Q’ means ‘P is brother of Q’.

          (iv) ‘P – Q’ means ‘P is mother of Q’.

          (v) ‘P/Q’ means ‘P is son of Q’.

          (vi) ‘P = Q’ means ‘P is daughter of Q’.

Q. ​​
Which of the following means ‘X is the grandfather of Y’?