CLAT

A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.

B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words ‘in the course of the employment’ mean in the course of the work which the employee is contracted to do and which is incidental to it.

Messers. Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as ‘pattadrs’. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the

bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not the pays the pattadars on the basis of the number of bidis that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.

Question:In case the pattadars were compulsorily required to work in the factory for a minimum number of hoursevery day, then it would be correct to state that:

The Centre‘s decision to postpone the first phase of the 2021 Census, earlier planned to start on April 1, was expected in view of the C OVID-19 outbreak that has brought life to a standstill in India and across the world. The Census is a massive exercise, which involves mass contact and diversion of resources.
According to the original schedule, the first phase, from April to September, would have included house listing and updating of the National Population Register, and the second phase, in February 2021, would have been population enumeration. The Centre has done well by putting off the first phase until further orders. The unexpected suspension of the Census operation also opens a fresh window, and an entirely new context, for reconciliation between the Centre and States on the exercise itself. Several State governments had made their opposition clear to the Citizenship (Amendment) Act, 2019, and the additional questions in the NPR pro forma that many fear is a prelude to something more cynical and divisive that is based on some quaint ideas of nationhood.

Q. The Census 2021 will be conducted through _____?

Read the given passage and answer the question that follows.

Job performance is affected by a number of factors. Motivation alone does not lead to increase in performance. Ability and technology moderates the relationship between motivation and performance. The higher the levels of ability and motivation, the higher the level of performance will be. However, increasing motivation beyond an optimal level tends to produce a dysfunctional result because it is accompanied by an increasing level of anxiety. A high level of anxiety often disrupts performances.

The relationship between satisfaction and performance is not clear. Satisfaction may or may not lead to high performance depending on the perceived availability of valued outcomes and the perceived expectancy that a person’s effort and performance will lead to receiving the valued rewards. If the person expects that his performance will lead to increased rewards which he values, the level of his motivational effort will increase, if he anticipates less, his motivational effort will increase, if he anticipates less, his motivational effort will be lower.

The relationship between job dissatisfaction and poor performance seems to be clearer than that between satisfaction and performance. Dissatisfaction leads to poor performance by means of apathy, absenteeism, turnover, sabotage, and strike. In addition, high performers are more vulnerable to job dissatisfaction because they tend to expect more from their jobs than low performers.

Job satisfaction is more closely related to the decision to join and remain in an organisation than to the motivation to produce. The motivation to produce largely depends on the availability of valued outcomes (valence), the perceived instrumentality of performance for receiving incentive rewards, and the perceived expectancy that effort leads to performance. The task of satisfying employees is much easier than the task of motivating them because the former can be achieved by rewarding them while the latter requires such additional constraints as establishing performance-reward contingencies and designing motivating work systems.

Q. Which of the following combination of factors affects job performance?

Motivating employees with traditional authority and financial…(11)….has become increasingly…(12)… as employees become economically secure and their dependency on any one particular organisation…..(13)…. . According to expectancy theorists, the motivation to….(14)…increases when an employee feels his…(15)… is an instrument for obtaining desired rewards. Nevertheless, in many organisations today employees are….(16)… to organizational rewards just by being employed. Unions, governmental regulations, and the nature of the job itself in some cases…..(17)… management from …..(18)… financial rewards to performance. People may be attracted to join and remain in organisations to receive organizational rewards, but…(19)…motivated to join an organisation is…(20)..the same as being motivated to exert effort in an organisation.

Q. Find the word most appropriate for Blank No. 20

One of the biggest casualties of the Covid-19 pandemic and the resultant lockdown has been institutionalised education. Schools have been shut to prevent the spread of the virus and this has given way to online classrooms, a very new concept in India even for the most sophisticated schools. It is commendable how easily some educational institutions have moved to virtual classrooms, all thanks to tools such as Zoom, Google Hangouts and Microsoft Teams. But there are some st ill struggling to get online. The online classes, whatever the enabling technology, is only as good as the teachers and the abilit y of the students to grasp the new teaching technique. One of the teachers felt students are actually more responsive and active in online classrooms, compared to when they are in physical ones. “This could be because this is a new concept and they are excited to explore it with the teachers. They also don‟t get distracted by their classmates, which frequently happens in a regular class.” Teachers do find the absence of a blackboard a disadvantage and network connectivity a constant problem. “We miss the clarity that a blackboard gives us, we are kind of making do with the virtual whiteboard on Zoom.” Shweta Kawatra, a parent who teaches in a New Delhi school, highlights that many students have not been able to take advantage of the virtual platform because they do not have a suitable device at home or lack a good internet connection. “It has its own share of disadvantages too. Too much screen time can be perilous for health. Prolonged online sessions can be overwhelming and may lead to problems related to vision, body posture and sleep disorder,” Kawatra adds.

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 

Read the given passage carefully and attempt the questions that follow.

The work which Gandhiji had taken up was not only regarding the achievement of political freedom but also the establishment of a new social order based on truth and non-violence, unity and peace, equality and universal brotherhood and maximum freedom for all. This unfinished part of his experiment was perhaps even more difficult to achieve than the achievement of political freedom. In the political struggle, the fight was against a foreign power and all one could do was either join it or wish it success and give it his/her moral support. In establishing a social order on this pattern, there was a strong possibility of a conflict arising between diverse groups and classes of our own people. Experience shows that man values his possessions even more than his life because in the former he sees the means for perpetuation and survival of his descendants even after his body is reduced to ashes. A new order cannot be established without radically changing the mind and attitude of men towards property and, at some stage or the other, the 'haves' have to yield place to the 'have-nots'. We have seen, in our time, attempts to achieve a kind of egalitarian society and the picture of it after it was achieved. But this was done, by and large, through the use of physical force.

In the ultimate analysis it is difficult, if not impossible, to say that the instinct to possess has been rooted out or that it will not reappear in an even worse form under a different guise. It may even be that, like a gas kept confined within containers under great pressure, or water held back by a big dam, once the barrier breaks, the reaction will one day sweep back with a violence equal in extent and intensity to what was used to establish and maintain the outward egalitarian form. This enforced egalitarianism contains, in its bosom, the seed of its own destruction.

The root cause of class conflict is possessiveness or the acquisitive instinct. So long as the ideal that is to be achieved is one of securing the maximum material satisfaction, possessiveness is neither suppressed nor eliminated but grows on what it feeds. Nor does it cease to be possessiveness, whether it is confined to only a few or is shared by many.

If egalitarianism is to endure, it has to be based not on the possession of the maximum material goods by a few or by all but on voluntary, enlightened renunciation of those goods which cannot be shared by others or can be enjoyed only at the expense of others. This calls for substitution of material values by purely spiritual ones. The paradise of material satisfaction, which is sometimes equated with progress these days, neither spells peace nor progress. Mahatma Gandhi has shown us how the acquisitive instinct inherent in man can be transmuted by the adoption of the ideal of trusteeship by those who 'have' for the benefit of all those who 'have not' so that, instead of leading to exploitation and conflict, it would become a means and incentive for the amelioration and progress of society respectively.

Q.

According to the passage, why does man value his possessions more than his life?

Directions: In this question below is given a passage followed by several inferences. You have to examine each inference separately in the context of the passage and decide upon its degree of truth or falsity.

Asia has become the growth centre of the world economy in recent years.

Within the region, India and South Korea are the third and fourth largest economies after China and Japan. Though the Asian growth stories mainly revolve around India and China, South Korea has remained a key player for these countries as one of their major trading and investment partners. South Korea adopted outward-oriented economic policies with the beginning of its first five-year economic development plan in 1962, which resulted in high growth and the integration of the Korean economy with the rest of the world. Subsequently, high and consistent economic growth made South Korea one of the high-income economies in Asia. Korea is still growing at a faster rate compared to other developed economies. India on the other hand adopted an import substitution policy since its Independence until the early 1990s. Since then India has introduced wide-ranging economic policy reforms and is moving towards a market-driven economy. This has resulted in consistent high economic growth over the last one-and-a-half decades.

India and China together are considered to be the driving force of the Asian economy.

In 1985, Mikhail Gorbachev, launched an ill-fated anti-alcohol campaign in the then Soviet Union. The anti-alcohol campaign had some beneficial public health consequences: Crime fell and life expectancy rose. But the campaign was a political and economic disaster. Gorbachev forgot that the addict ion of the state to alcohol revenue was even more incurable than the addiction of some citizens to alcohol itself. The budgetary losses created an economic crisis. Historians suspect that more than the loss of the Soviet Empire, it was this campaign that delegitimised Gorbachev. An old Soviet joke went like this: A disaffected and angry citizen, fed up of standing in lines for vodka, decided to go assassinate Gorbachev. He soon came back and ruefully reported that the lines to assassinate Gorbachev were even longer than the lines for Vodka. As the lockdown eased in India, and social distancing went for a toss at alcohol outlets, we were reminded of how difficult an issue alcohol is to rationally discuss in India. The stampede was caused by the ineptness with which the opening was handled in most cities. Alcohol has also migrated from being a question of personal freedom and choice to an issue in broader cultural wars, an odd site on which we measure progressivism in India. It is also a window on how liberalism has been misunderstood. Liberals should, rightly, be suspicious of prohibition on moral and practical grounds. Government grossly exceeds its legitimate power when it interferes with the rights of individuals to lead their lives as they please, and fashion their selves after their own ideals, interests and preferences. And certainly, moralism or puritanism on alcohol cannot be the basis of state policy. That moralism has no basis, and it violates the dignity and freedom of individuals.

Principle : Whoever, unlawfully or negligently does any act which is, and which he knows or has reason to believe to he, likely to spread the infection of any disease dangerous to life, shall be guilty of a negligent act likely to spread infection  into disease dangerous to life.

Facts : ‘K’, a person, knowing that he is suffering from Cholera, travels by a train without information the railway officers of his condition.

On 7th May 2020, a major leakage of Styrene gas was reported from the plasticsmanufacturing plant 'LG Polymers' located on the outskirts of the Visakhapatnam city. The accident took place when the cooling system of a polymers plant got clogged due to the mismanagement of factory workers and resulted in turning the city into a gas chamber. The gas which leaked was styrene gas, which is a ‘hazardous chemical’ under Rule 2(e) plus Entry 583 of Schedule I of the Manufacture, Storage and Import of Hazardous Chemical Rules 1989.
Principle 1: Polluter Pays Principle
The 'Doctrine of Polluter Pays' is a well-established principle of environmental law, which places an obligation of compensating the damage to the people who ought to reimburse it and also have the capacity to disburse it. The principle explicitly affirms that the person who damages or destructs the environment has the absolute obligation to bear the cost of ameliorat ing the environment. In Enviro Legal Action v. Union of India case, the Apex Court of India held that the polluter is legally responsible to reimburse the individual sufferers as well as pay for the revitalization of the damaged environment. Principle
Principle 2: Principle of Strict Liability
The principle of Strict Liability was established in the year 1868 in the case of Rylands v. Fletcher, where the Court held that any person who uses his/her land in an 'unnatural manner' and who keeps any 'hazardous substance' on such premises would be held liable under the principle of strict liability for any 'damage' occurred on the 'escape' of such perilous substance. However, the person is liable only when there is non-natural use of land; the principle also restricts liability when the escape is due to an act of strangers, Act of God, for example a natural calamity; due to the person injured or when it happens with the consent of the person injured or with statutory authority.
Principle 3: Principle of Absolute Liability
The absolute liability is a stringent form of Strict Liability as it is devoid of any exceptions that were mentioned under the earlier principle. for the first time in the case of M.C. Mehta v. Union of India. This principle implies that whenever an enterprise is engaged in any dangerous or hazardous activity that threatens the people working in the enterprise and those living nearby, it owes an absolute and non-delegable duty to the community that no harm will be caused. If harm is indeed caused, the enterprise will have to compensate for damages, and can‘t use exceptions provided in the case of strict liability. The enterprise can‘t claim that the harm has not been caused due to negligence (absence of due care) or that it had taken all reasonable precautions.

That the Supreme Court struck down as ”disproportionate” a 2 018 circular by the Reserve Bank of India (RBI) that directed entities not to provide services to those trading in ”virtual currencies” (cryptocurrencies) is understandable. After all, despite ministerial committee recommendations, and warnings by Banking regulator __(1)___ about the problematic nature of their payment and exchange methods, the use of virtual currencies over the Internet continues to remain legal in India. But the immediate effect of the RBI circular was to choke the agencies that sought to provide a platform to facilitate trading in virtual currencies by cutting them off from banks. This, the petitioners claimed, had a chilling effect on the fledgling virtual currency exchanges industry in India and went against their entrepreneurial right to operate a business enshrined in Article 19(1)(g). The Court conceded this limited point saying that the ”RBI has not come out with a stand that any of the entities regulated by it... have suffered any loss... on account of [cryptocurrency] exchanges” and this provides relief to the firms providing the virtual exchanges.
Q. What is meaning of Fiat Currency?

One of the biggest casualties of the Covid-19 pandemic and the resultant lockdown has been institutionalised education. Schools have been shut to prevent the spread of the virus and this has given way to online classrooms, a very new concept in India even for the most sophisticated schools. It is commendable how easily some educational institutions have moved to virtual classrooms, all thanks to tools such as Zoom, Google Hangouts and Microsoft Teams. But there are some st ill struggling to get online. The online classes, whatever the enabling technology, is only as good as the teachers and the abilit y of the students to grasp the new teaching technique. One of the teachers felt students are actually more responsive and active in online classrooms, compared to when they are in physical ones. “This could be because this is a new concept and they are excited to explore it with the teachers. They also don‟t get distracted by their classmates, which frequently happens in a regular class.” Teachers do find the absence of a blackboard a disadvantage and network connectivity a constant problem. “We miss the clarity that a blackboard gives us, we are kind of making do with the virtual whiteboard on Zoom.” Shweta Kawatra, a parent who teaches in a New Delhi school, highlights that many students have not been able to take advantage of the virtual platform because they do not have a suitable device at home or lack a good internet connection. “It has its own share of disadvantages too. Too much screen time can be perilous for health. Prolonged online sessions can be overwhelming and may lead to problems related to vision, body posture and sleep disorder,” Kawatra adds.