CLAT

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? 

It should rank as an irony that as a founder-leader of the International Solar Alliance, India has not yet e lectrified a significant number of government schools, while extolling the elegance and virtue of ___(1)___ electricity talked about in International Solar Alliance to the rest of the world. The lack of power in schools is taken note of by the Parliamentary Standing Committee on Human Resource Development in its latest report on budgetary grants for school education and literacy for 2020-21. Under the framework of concurrent powers, the Centre operates its own schemes and sponsors several school education programmes covering the States, notably Samagra Shiksha and the Mid Day Meal scheme. Yet, as the panel found from data for 2017-18, only 56.45% of government schools had electricity and 56.98% a playground, while almost 40% lacked a boundary wall. There are some high-performing States, but even in politically wellrepresented Uttar Pradesh, almost 70% of schools lacked electricity. Other depressing insights from the district information database as of end-2019, are: neglect of toilet construction for children with special needs, failure to build toilets for girls in a third of secondary schools and laboratories for higher secondary science students.
The tardy progress on such important facilities, in spite of the projects having been sanctioned, shows the low priority that school education is being accorded.

Q. Right to Education Act (RTE) which is now a fundamental right comes under which of the following articles of the Constitution of India?

Marine archaeology in India is all set to get a boost with the government deciding to establish a National Maritime Heritage Museum at (1), a Harappan site on the Saurashtra coast in Gujarat. The museum will also be an independent research centre of (2) for reconstruction of maritime history, archaeology of boat building and materials traded. It will have on display salvaged material from shipwreck sites in the Indian Ocean waters. The museum is being set up with technical help from the Portuguese Maritime Heritage Museum. The central government has appointed the first Director General for the museum which will be attached to the Maritime Board of the Gujarat government. (1) is the site of one of the oldest ports in India dating to the Bronze Age. (2) is a specialized branch of archaeology that involves recovering submerged remains such as ports, shipwrecks and studying proxy records of maritime activity from archaeological excavations as well as archival and historical records. There are an estimated three million undiscovered shipwrecks lying on the ocean floor, according to the UNESCO. In India, shipwreck studies were initiated in 1989 off Sunchi Reef in Goa waters. Later on, shipwreck were excavated and studied off St George's Reef, Amee Shoals of Goa as well as in Poompuhar, Konark and Lakshadweep waters by the marine archaeology centre at the (3)-based CSIR-National Institute of Oceanography (NIO).Studying sunken ships could also fill the gaps in India's maritime history and trade links with other countries. Some shipwrecks are of great of historical importance, researchers said. The Dart Mouth belonging to the East India Company, for instance, was carrying treasure when it is said to have sunk off Masulipatnam in 1719. Governor Keating, carrying King's Stores sank in a storm in 1812 near Nellore, Andhra Pradesh. Some Indian ships are also lying in foreign waters, such as P&O Liner Indus which carried the Buddhist sculptures of Bharhut stupa and is known to have sunk in 1882 to the seabed of Sri Lankan waters.

Q. The full form of CSIR mentioned in above passage is:

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, true egalitarianism will last only if

Passage: The happy man is the man who lives objectively, who has free affections and wide interests, who secures his happiness through these interests and affections and through the fact that they in turn make him an object of interest and affection to many others. To be the recipient of affection is a potent cause of happiness, but the man who demands affection is not the man upon whom it is bestowed. The man who receives affection is, speaking broadly, the man who gives it.
But it is useless to attempt to give it as a calculation, in the way in which one might lend money at interest, for a calculated affection is not genuine and is not felt to be so by the recipient. What then can a man do who is unhappy because he is encased in self? So long as he continues to think about the causes of his unhappiness, he continues to be self-centered and therefore does not get outside it. It must be by genuine interest, not by simulated interests adopted merely as a medicine. Although this difficulty is real, there is nevertheless much that he can do if he has rightly diagnosed his trouble. If for example, his trouble is due to a sense of sin, conscious or unconscious, he can first persuade his conscious mind that he has no reason to feel sinful, and then proceed, to plant this rational conviction in his unconscious mind, concerning himself meanwhile with some more or less neutral activity. If he succeeds in dispelling the sense of sin, it is possible that genuine objective interests will arise spontaneously. If his trouble is self-pity, he can deal with it in the same manner after first persuading himself that there is nothing extraordinarily unfortunate in his circumstances. If fear is his trouble, let him practice exercises designed to give courage. Courage has been recognized from time immemorial as an important virtue, and a great part of the training of boys and young men has been devoted to producing a type of character capable of fearlessness in battle. But moral courage and intellectual courage have been much less studied. They also, however, have their technique. Admit to yourself every day at least one painful truth, you will find it quite useful. Teach yourself to feel that life would still be worth living even if you were not, as of course you are, immeasurably superior to all your friends in virtue and in intelligence. Exercises of this sort prolonged through several years will at last enable doing, free you from the empire of fear over a very large field.

Q. According to the passage, calculated affection

A statement followed by two assumptions numbered I and II. An assumption is something supposed or taken for granted. You have to consider the statement and the following assumptions and decide which of the assumptions is implicit in the statement.

Give answer (a) if only Assumption I is implicit.

Give answer (b) if only Assumption II is implicit.

Give answer (c) if either Assumption I or II is implicit.

Give answer (d) if neither Assumption I nor II is implicit.

Give answer (e) if both Assumptions I and II are Implicit.

Q. 

Statement: There has been a remarkable increase in the air traffic in India during the past few years.

Assumptions:

I. Travelling by air has become a status symbol now.

II. Large number of people are able to afford air travel now. 

Hunger is about people; it is also about oppression and inequalities. Hunger is about corrupt politicians and corrupt bureaucracy; it is also about power and powerlessness. Hunger is about borrowed ideas of science and technology and development which have not worked in local realities; it is also about the disintegration of local communities; about loss of values, traditions, culture and spirituality. Ending hunger is the important unfinished agenda of this century and of independent India.

The world as a whole has achieved dramatic increase in food production, enough to cover the minimum needs of the projected population globally. Yet hunger and malnutrition persist in alarming measure in India and other Third World countries. The World Bank’s estimates are that over a billion people in the world have problems of food security. The Food and Agriculture Organization estimates point out that in the coming decades, 64 developing countries out of 117 will be unable to feed their population adequately and that 38 out of these developing countries will be able to feed less than half of their population adequately.

India believes that its problems of hunger and food security are almost over because of the significant increase in productivity achieved through the use of new technologies of the Green Revolution. Food grains per capita increased from 395 grams in 1951 to 466 grams in 1993. There are reports about surplus stocks used for exports; also reports about surplus stock rotting because there are not enough storage facilities. And yet in such a situation, we have millions who go hungry and who die a silent death of starvation and malnutrition. In 1974, the FAO organized the first World Food Conference, where its members took a pledge to end hunger by 1984. Henry Kissinger, then US Secretary of State vowed at the meeting that “within a decade, no man, woman or child will go to bed hungry”. A quarter of a century later, more people are dying of hunger. The FAO organized its second World Food Conference in 1985 which re-affirmed its moral commitment “to achieve the goal of ensuring that all people at all times are in a position to produce the basic food they need.” In 1996, yet again the FAO organized its third global conference on food security with much fanfare. The result of this third summit meeting was another declaration, called the Rome Declaration, affirming once again the right of everyone to be free of hunger. The summit also offered an action plan to reduce the numbers of hungry people by half within two decades – a more modest commitment than that made by Kissinger a quarter of a century ago.

In spite of the three global conferences, the future of food security looks as bleak as ever. Fidel Castro, communist leader, who also attended the third FAO summit meeting, pointed out “Hunger is the offspring of injustice and the unequal distribution of wealth. Indeed, the history of hunger has always been which has marginalized the poor and deprived them of the means to eat”.

The NGO’s and people’ representatives who had also gathered for this summit meeting said in their final declaration, ”Ensuring food security demands an approach to agricultural policy that is in almost every respect the reverse of that adopted by the Summit delegates.” They suggested that instead of pursuing policies that encourage corporate agriculture, there should be policies in labour, organic production, reducing or eliminating the use of pesticides and other agro-chemicals. And instead of locking farmers into a global economy over which they have no control, they suggested that resources be shifted in favour of local farming and regional food producers and food systems.

Paragraph: This is not pedantic hair-splitting. On the contrary, it is deeply important, because respect for precedent is at the bedrock of our judicial system, and of the rule of law. Ordinarily, prior judgments of the Supreme Court are binding, and meant to be followed: this is what provides the system the stability and continuity that differentiates the rule of law from the rule of judges. Now if a later bench of the Court wants to go against binding precedent, a series of groundrules exist to ensure that this can only happen after careful consideration and reflection, and in judicial proceedings where both sides can put their case. These ground rules stipulate, for example, that if a smaller bench feels that the binding decision of a previous, larger bench is incorrect, it “refers” the case to a larger bench to consider; and in general, this referral takes place incrementally (for example, from two judges to three, three to five etc. – although there have, of course, been exceptions). The reason for this – to reiterate – is that respect for precedent requires, logically, that settled law be disturbed only when there are weighty reasons for doing so.
However, there is something more concerning here. If the nine-judge bench is no longer restricting itself to the reference questions – but intends to hear these petitions as well – then it at least potentially follows that the Sabarimala petitions – out of which the review order arose – will also now be the subject matter of the hearing. This would be truly extraordinary: a final judgment of the Court (five judges) would be effectively re-heard by a nine-judge bench, against all existing norms and conventions. Recall that no judgment has yet doubted the correctness of the original Sabarimala decision, or made a reference to have it reconsidered. In other words, this “second round” with a larger bench is taking place purely by virtue of the Chief Justice exercising his administrative fiat It should be obvious by now that this is no longer about whether the original judgment in Sabarimala was right or wrong. People can – and do – have different views about that, and it would be entirely open to later benches to reconsider it, following proper procedures. But what is at stake here is something deeper: it is whether precedent continues to have any meaning at the Supreme Court, or whether what we are witnessing is a gradual metamorphosis of the Supreme Court of India into the Supreme Chief Justice of India (a  point I have written about before). Because what has happened here is that a number crucial issues that required judicial consideration in a proper way (whether there is a conflict between Shirur Mutt and Durgah, requiring resolution; whether the referred questions actually affect the pending cases; and whether Sabarimala ought to be reconsidered) have been implicitly decided through the constitution of a nine-judge bench, by administrative fiat.

Q. Why does the author believe that the supreme court is being distorted to a one man rule?

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

Principle 1 - Only a voluntary act gives rise to liability. An involuntary act does not give rise to liability.

Principle 2 - If a particular harm can be reasonably foreseen, the person causing such harm will be held liable.

​Facts – Mr. Dinshaw, an old and grumpy man, hates stray dogs. He is on a walk with his son, when he sees one on the street, and picks up a stone to throw at it. Perturbed, his son grabs his hand to prevent him from doing so, but the stone was already launched. It hits a glass window pane and breaks it. Also, while his son makes a grab for Dinshaw‘s hand, he accidently hits a woman standing nearby, and she suffers a nosebleed. Decide whether a claim for damages will be successful by the woman, and by the owner of the house whose window was broken.

Three ladies and four men are a group of friends i.e. P, K, R, Q, J, V and X. Each one has a different profession i.e. Lawyer, Travel Agent, Air-hostess, Doctor, Professor, Consultant and Jeweller and each one owns a different car i.e. Alto, Corolla, Santro, Lancer, Ikon, Scorpio and Esteem, not necessarily in that order. None of the ladies is a Consultant or a Lawyer. R is an Air-hostess and she owns an Ikon car. P owns a Scorpio. K is not a Doctor. J is a Jeweller and he owns Corolla. V is a Lawyer and does not own Alto. X is a Consultant and owns Santro. The Doctor owns Esteem car whereas the Professor owns Scorpio. The Travel Agent owns an Alto. None of the ladies owns a Scorpio.

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

Eight friends A,B,C,D,E,F,G and H are seated in a circle facing the centre. B is sitting between G and D.H is third to the left of B and second to the right of A.C is sitting between A and G and B and E are not sitting opposite to each other.

Q.
Who is third to the left of D?

India’s high-profile Swachh Bharat programme has won it plaudits globally for its goal of providing sanitation to all, but as new survey data from the National Statistical Office (NSO) show, it remains a work in progress. The quest to equip houses in the countryside with a toilet has led to an expansion, but there was a deficit of about 28% as of October last year and not 5% as the Swachh Bharat Abhiyan (Gramin) had claimed. The declaration that the country has ended ___(1)___ in its rural areas, made to international acclaim on Mahatma Gandhi’s 150th birth anniversary by Prime Minister Narendra Modi, must return to the wish list, going by this survey. It is extraordinary that many States that were declared to be free of open defecation simply did not qualify for the status, according to the NSO data. The Centre has disputed the survey results, but it should ideally treat it as a fresh assessment of how much ground is yet to be covered. The data could help it review performance in staes such as Jharkhand, Tamil Nadu and Rajasthan, where the lack of toilets is reported to be higher than the national average. More fundamentally, the survey provides an opportunity to review other social determinants such as education, housing and water supply which have a strong influence on adoption of sanitation. It would be pointless to pursue sanitation as a separate ideal, if communities are unable to see its benefits due to overall deprivation.
“Swachh Sarvekshan” commissioned by …………….. and carried out by Quality Council of India, is an extensive sanitation survey across several hundred cities to check the progress and impact of Swachh Bharat Abhiyan.
Q. Which of the following Ministries will fill up the blank?

Read the passage and answer the question based on it.

The marble domes of Bibi Ka Maqbara, the famous 17th century Mughal-era monument in the city, are set to get a new shine.
The domes and other marble parts of the mausoleum will undergo scientific conservation, an Archaeological Survey of India (ASI) official said. The work is estimated to cost Rs. 45 lakh.
The structure, known as the ‘Taj of the Deccan’ because of its striking resemblance to the Taj Mahal, was commissioned by Emperor Aurangzeb in 1660 in the memory of his wife Dilras Banu Begum.
its domes and minarets, which are built in marble, as well as the marble screens inside would undergo scientific conservation. The work, which will go on for six months, will involve cleaning and and carrying out a chemical treatment to give it a new glow, he said. The paintings inside the entrance of the mausoleum, too, will undergo cleaning.

Q. Consider the following about Archaeological survey of india, which of them is incorrent:

Read the given passage and answer the question that follows.

Employment exchanges - one of the surviving bastions of babudom - face the prospect of becoming irrelevant in an era of reform. Even in the heart of the nation’s capital, the premises are often dilapidated structures with dirty passages and manned by surly staff. Not surprisingly, job-seekers hardly throng these exchanges. Paradoxically, when jobs are getting scarce due to pressure of liberalisation, job-seekers are spurning an institution intended to help them secure placements. The reasons are simply enough. Employment exchanges still concentrate on government and public sector placements, which are fast losing ground in the labour market. For most government jobs, the eligibility criterion is still registration with the employment exchanges. But what is the use of going through the formalities of registration when government jobs themselves are dwindling? The placement effected by all the 939-odd exchanges in the country in 2001 was of the order of 1.69 lakh against annual registration levels of 60 lakh. As there are too few jobs when compared to the number of job-seekers, the accumulated backlog of registrations is close to 4.16 crore. The latter of course doesn’t indicate unemployment levels as those registered with the employment exchanges are not necessarily unemployed.

How can the employment exchanges be revamped? The thinking in the Union labour ministry is to transform them into employment promotion and guidance centres. The plan includes modernisation, changing the mindset of the staff and making them into an effective instrument for monitoring and coordinating various employment generation schemes. This objective calls for developing a better database on the fast changing employment situation with a comprehensive coverage of new economic establishments. For instance, the various economic censuses are an important source of information on the changing employment profile of, say, the nation’s capital. Far from being a bureaucrat-dominated city, Delhi over the years has become more of an industrial metropolis. According to the fourth economic census, manufacturing accounted for 40 per cent of jobs in the capital. The employment exchanges in the capital thus have their work cut out notably, to shift the focus away from government and public sector jobs more towards placements in the private sector, especially in manufacturing and services, including the burgeoning retail trade sector. By doing so, they will better reflect the imperatives of economic reform and remain relevant in today’s times.

Q. Which of the following is not true in the context of the passage?

Farmers have progressed the world over yet they are languishing in this country. Despite decades of industrial development, about 600 million Indians, or roughly half the population, depend on growing crops or rearing animals to earn a living. The country still relies on imports of essential items, such as pulses and cooking oil. Almost half of the average Indian household’s expenditure is on food, an important factor behind inflation. Food security at the micro level remains elusive. The global development experience, especially of the BRICS countries, reveals that one percentage point growth in agriculture is at least two to three times more effective in reducing poverty than the same degree of growth emanating from the non-agriculture sector.

Of late, the woes of the farmer have exacerbated. Untimely rain damaged winter crops in northern India. The heat wave killed more than 2000 people - mostly working in the fields. Suicides by farmers, owing to the low price of their produce, are almost a recurrent tragedy. There is general concern over the monsoon; patchy or inadequate rainfall can spell disaster. Low productivity is a chronic problem because of the shrinking size of the cultivated plots. Two-grain harvests a year are fairly routine. But the yields are low by global standards. The policy message for reforming agriculture is very clear. The areas which merit urgent and concerted attention to streamlining agriculture revolve around investment, incentive, and institutions. We need to rationalise and prune input subsidies. The savings, thus generated, should be invested in agriculture - Research & Development at rural roads, rural education, irrigation and water works. Higher levels of investment in agriculture both by the public and private sector can yield much better results. Policy -makers must be bold to bite the bullet and drastically cut subsidies which will open the avenue for increasing the size of the public investment. One way to contain the subsidy bill is to provide subsidies directly to farmers. Private investment is the engine of agricultural growth. Again, it responds to incentives. Much of the adverse impact on incentives comes from strangulating the domestic market under the Essential Commodities Act (ECA) 1955. This law allows the state to restrict movement of agro-products across state boundaries. Furthermore, the law bans the storage of large quantities of any of the 90 commodities, including onions and wheat. The intention is to deter ‘hoarding’, but it has adversely affected investment in cold storages and warehouses. Therefore, a substantial quantity of crops rots before they reach the dining table.

Principle 1: A minor is a person who is below the age of eighteen. However, where a guardian administers the minor’s property the age of majority is twenty one.
Principle 2: A minor is not permitted by law to enter into a contract. Hence, where a minor enters into a contract with a major person, the contract is not enforceable. This effectively means that neither the minor nor the other party can make any claim on the basis of the contract.
Principle 3: In a contract with a minor, if the other party hands over any money or confers any other benefit on the minor, the same shall not be recoverable from the minor unless the other party was deceived by the minor to hand over money or any other benefit. The other party will have to show that the minor misrepresented her age, he was ignorant about the age of the minor and that he handed over the benefit on the basis of such representation.
Facts
Ajay convinces Bandita, a girl aged 18 that she would sell her land to him. Bandita’s mother Chaaru is her guardian. Nonetheless Bandita, without the permission of Chaaru, sells the land to Ajay for a total sum of rupees fifty lakh, paid in full and final settlement of the price. Chaaru challenges this transaction claiming the Bandita is a minor and hence the possession of the land shall not be given to Ajay. Thus Ajay is in a difficult situation and has no idea how to recover his money from Bandita.

Q.

Which of the following is correct?

Principle: A person is said to be of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests.

Facts: Astha, who is a very good painter, is also a patient in a mental asylum, who, at intervals, is of sound mind. During one of these intervals, she entered into a relationship with Lopamudra to paint a picture of her for a specified amount. She, however, asked Lopamudra to pay her the entire amount in advance. One month later, on the day of delivery of the painting, Astha refused to perform the contract saying that she suffers from insanity. Can Lopamudra force performance?

Principle of Natural Justice is derived from the word ‘Jus Natural’ of the Roman law and it is closely related to Common law and moral principles but is not codified. It is a law of nature which is not derived from any statute or constitution. The principle of Natural Justice is adhered to by all the citizens of civilised State with Supreme importance. Natural justice simply means to make a sensible and reasonable decision making procedure on a particular issue. Somet imes, it doesn‘t matter what is the reasonable decision but in the end, what matters is the procedure and who all are engaged in taking the reasonable decision. It is not restricted within the concept of ‘fairness’ it has different colours and shades which vary from the context. Basically, natural justice consists of 3 rules.
The first one is “Hearing rule” which states that the person or party who is affected by the decision made by the Panel of expert members should be given a fair opportunity to express his point of view to defend himself. Secondly, “Bias rule” generally expresses that Panel of expert should be free from bias while taking the decision. The decision should be given in a free and fair manner which can fulfil the rule of natural just ice. And thirdly, “Reasoned Decision” which states that order, decision or judgement of the Court given by the Presiding authorities with a valid and reasonable ground. The principles of Natural Justice have been adopted and followed by the judiciary to protect public rights against the arbitrary decision by the administrative authority. One can easily see that the rule of natural justice include the concept of fairness: they stay alive and support to safeguard the fair dealing.

PRINCIPLE 1: A person is said to have committed an offence if he has committed any act towards the completion of his objective for the offence.

PRINCIPLE 2: A person is said to not have committed any offence till the time he possesses an opportunity to take back the consequences of his actions.

PRINCIPLE 3: An attempt to commit an offence is an offence in itself.

FACTS: Prateek and Diya had been dating for two years till Diya decided to break up with him because of his behavior. When she told Prateek, he was devastated. Later in the day, he hung out with his friends and had a couple of drinks. His friends teased him for getting dumped, which angered him immensely. He immediately went to Diya’s house with a pistol to shoot her. He reached and rang the doorbell, waiting for her to open the door. While he was waiting, he happened to notice the wind chime hanging in the balcony outside her room. It was the wind chime that he had gifted her. He travelled down the memory lane and thought of all the happy times he and Diya had spent together. Meanwhile, Diya opened the door. Ashamed at himself and guilt-ridden, he tried to hide his gun in his pocket. However, it slipped from his hand and fell down. Diya saw this and raised a hue and cry. Will she succeed in holding a charge of attempt to murder against Prateek?

In this following questions, various terms of the letter series are given with one term missing as shown by (?). Choose the missing term out of the given alternative.

Q. 

AD, EH, IL,?, QT    

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 –

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. Major part of the sugarcane crop was affected by pests, resulting into huge loss incurred by the farmers in the state.

II. The farmers in the state who were cultivating sugarcane earlier have now switched over to grapes’ cultivation this year. 

Passage-1:-  In the second week of august 1998, just a few days after the incidents of bombing the US embassies in Nairobi & Dar-er-Salaam, a high powered, brainstorming session was held near Washington DC, to discuss various aspects of terrorism. The meeting was attended by ten of America’s leading experts in various fields such as germ & chemical warfare, public health, disease control & also by the doctor 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 within 5 days on anyone who inhales it. At first, 500 or son victims felt 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 effect on the political & 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 & Tanzania were of the old fashion variety & involved large quantities of high explosives, but new terrorism will prove to be more deadly & probably more "elusive" than hi jacking an aero-plane or a gelignite or 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 word while the new sort is often practiced 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 short term intentions”. It is often just a "cacophonous cry" of protest or an outburst of religious intolerance or a protest against the west in general & the US in particular. Its may be religious fanatics or die-hard opponents of a government and see no reason to show restraint. They are simply intent on inflicting the maximum amount of pain on the victim.

Q.

In what way would the new terrorism be different from that of the earlier years?i. More dangerous & less bafflingii. More hazardous for victimsiii. Less complicated for terrorists

Direction: You have been given some passages followd by questions based on each passage. You are required to choose the mot appropriate option which follows from the passage. Only the information given in the passage should be used for choosing the answer and no external knowledge of law howsoever prominent is to be applied.
After the Parliament approval, President of India, gave his assent for the Protection of Children from Sexual Offences (Amendment) Act, 2019 (POCSO Act). The said Act has been enacted to protect children i.e. any person below 18 years of age, from offences of sexual assault, sexual harassment, and pornography and provide for the establishment of Special Courts for the trial of such offences and for matters connected therewith or incidental thereto.
In the recent past incidences of child sexual abuse cases demonstrating the inhumane mind-set of the abusers, who have been barbaric in their approach towards young victims, is rising in the country. Children are becoming easy prey because of their tender age, physical vulnerabilities and inexperience of life and society.
The Act defines "child pornography" as any visual depiction of sexually explicit conduct involving a child which include photograph, video, digital or computergenerated image indistinguishable from an actual child, and image created, adapted, or modified, but appear to depict a child. The Act also penalizes storage of certain material. Section 15 of the Act reads, "any person, who stores or possesses pornographic material in any form involving a child, but fails to delete or destroy or report the same to the designated authority, which is the police unless otherwise stated, with an intention to share or transmit child pornography, shall be liable to fine." The section goes further and makes any person, who stores or possesses pornographic material in any form involving a child for transmitting or propagating or displaying or distributing in any manner at any time except for the purpose of reporting, or for use as evidence in court, liable for imprisonment which may extend to three years, or with fine, or with both.
There is a strong need to take stringent measures to deter the rising trend of child sex abuse in the country, the proposed amendments to the said Act make provisions for enhancement of punishments for various offences so as to deter the perpetrators and ensure safety, security and dignified childhood for a child. It also empowers the Central Government to make rules for the manner of deleting or destroying or reporting about pornographic material in any form involving a child to the designated authority.

Ojaswee is in a WhatsApp group which consist of, besides himself, Gourav and Divyang. Divyang sends a child porn clip on the group. Ojaswee instantly deletes it and leaves the group. Gourav forwards it to another friend of his. Who all are liable?

I am losing my interest in human beings; in the significance of their lives and their actions. Someone has said it is better to study one man than ten books. I want neither books nor men; they make me suffer. Can one of them talk to me like the night – the Summer night? Like the stars or the caressing wind?
The night came slowly, softly, as I lay out there under the maple tree. It came creeping, creeping stealthily out of the valley, thinking I did not notice. And the outlines of trees and foliage nearby blended in one black mass and the night came stealing out from them, too, and from the east and west, until the only light was in the sky, filtering through the maple leaves and a star looking down through every cranny.
The night is solemn and it means mystery.
Human shapes flitted by like intangible things. Some stole up like little mice to peep at me. I did not mind. My whole being was abandoned to the soothing and penetrating charm of the night. The katydids began their slumber song: they are at it yet. How wise they are. They do not chatter like people. They tell me only: “sleep, sleep, sleep.” The wind rippled the maple leaves like little warm love thrills. Why do fools cumber the Earth! It was a man‘s voice that broke the necromancer‘s spell. A man came today with his “Bible Class.” He is detestable with his red cheeks and bold eyes and coarse manner and speech. What does he know of Christ? Shall I ask a young fool who was born yesterday and will die tomorrow to tell me things of Christ? I would rather ask the stars: they have seen him. 

I am losing my interest in human beings; in the significance of their lives and their actions. Someone has said it is better to study one man than ten books. I want neither books nor men; they make me suffer. Can one of them talk to me like the night – the Summer night? Like the stars or the caressing wind?
The night came slowly, softly, as I lay out there under the maple tree. It came creeping, creeping stealthily out of the valley, thinking I did not notice. And the outlines of trees and foliage nearby blended in one black mass and the night came stealing out from them, too, and from the east and west, until the only light was in the sky, filtering through the maple leaves and a star looking down through every cranny.
The night is solemn and it means mystery.
Human shapes flitted by like intangible things. Some stole up like little mice to peep at me. I did not mind. My whole being was abandoned to the soothing and penetrating charm of the night. The katydids began their slumber song: they are at it yet. How wise they are. They do not chatter like people. They tell me only: “sleep, sleep, sleep.” The wind rippled the maple leaves like little warm love thrills. Why do fools cumber the Earth! It was a man‘s voice that broke the necromancer‘s spell. A man came today with his “Bible Class.” He is detestable with his red cheeks and bold eyes and coarse manner and speech. What does he know of Christ? Shall I ask a young fool who was born yesterday and will die tomorrow to tell me things of Christ? I would rather ask the stars: they have seen him.

Q. Which of the following can be inferred from the passage?

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. According to the Japanese Ambassador, which of the following motivates the foreign investors to invest in Indian manufacturing industry?