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The struggle to obtain legal recognition of aboriginal rights is a difficult one, and even if a right is written into the law there is no guarantee that the future will not bring changes to the law that undermines the right. For this reason, the federal government of Canada in 1982 extended constitutional protection to those aboriginal rights already recognized under the law. This protection was extended to the Indian, Inuit, and Metis peoples, the three groups generally thought to comprise the aboriginal population in Canada. But this decision has placed on provincial courts the enormous burden of interpreting and translating the necessarily general constitutional language into specific rulings. The result has been inconsistent recognition and establishment of aboriginal rights, despite the continued efforts of aboriginal peoples to raise issues concerning their rights.
Aboriginal rights in Canada are defined by the constitution as aboriginal peoples’ rights to ownership of land and its resources, the inherent right of aboriginal societies to self-government, and the right to legal recognition of indigenous customs. But difficulties arise in applying these broadly conceived rights. For example, while it might appear straightforward to affirm legal recognition of indigenous customs, the exact legal meaning of “indigenous” is extremely difficult to interpret. The intent of the constitutional protection is to recognize only long-standing traditional customs, not those of recent origin; provincial courts therefore require aboriginal peoples to provide legal documentation that any customs they seek to protect were practiced sufficiently long ago—a criterion defined in practice to mean prior to the establishment of British sovereignty over the specific territory. However, this requirement makes it difficult for aboriginal societies, which often relied on oral tradition rather than written records, to support their claims.
Furthermore, even if aboriginal peoples are successful in convincing the courts that specific rights should be recognized, it is frequently difficult to determine exactly what these rights amount to. Consider aboriginal land claims. Even when aboriginal ownership of specific lands is fully established, there remains the problem of interpreting the meaning of that “ownership.” In a 1984 case in Ontario, an aboriginal group claimed that its property rights should be interpreted as full ownership in the contemporary sense of private property, which allows for the sale of the land or its resources. But the provincial court instead ruled that the law had previously recognized only the aboriginal right to use the land and therefore granted property rights so minimal as to allow only the bare survival of the community.
Q. The passage provides evidence to suggest that the author would be most likely to assent to which one of the following proposals?
  • a)
    Aboriginal peoples in Canada should not be answerable to the federal laws of Canada.
  • b)
    Oral tradition should sometimes be considered legal documentation of certain indigenous customs.
  • c)
    Aboriginal communities should be granted full protection of all of their customs.
  • d)
    Provincial courts should be given no authority to decide cases involving questions of aboriginal rights.
Correct answer is option 'B'. Can you explain this answer?
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In the second paragraph the author discusses the aboriginal right to the legal recognition of indigenous customs. It is clear from the tenor of the discussion in the passage that the author believes that this right should be protected, but the author notes that there have been difficulties in securing this protection. According to the author, provincial courts have required legal documentation as evidence that a custom is long-standing. As the author points out at the end of the second paragraph, however, this requirement is difficult to meet for aboriginal societies, “which often relied on oral tradition rather than written records.” Given that the author believes that aboriginal customs should receive legal recognition, and given that the author regards the requirement of written documentation as an impediment to such recognition in many cases, it can be inferred that the author would be likely to assent to the statement that oral tradition should sometimes be considered legal documentation for certain indigenous customs.
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Read the information given below and answer the questions based on it.The struggle to obtain legal recognition of aboriginal rights is a difficult one, and even if a right is written into the law there is no guarantee that the future will not bring changes to the law that undermines the right. For this reason, the federal government of Canada in 1982 extended constitutional protection to those aboriginal rights already recognized under the law. This protection was extended to the Indian, Inuit, and Metis peoples, the three groups generally thought to comprise the aboriginal population in Canada. But this decision has placed on provincial courts the enormous burden of interpreting and translating the necessarily general constitutional language into specific rulings. The result has been inconsistent recognition and establishment of aboriginal rights, despite the continued efforts of aboriginal peoples to raise issues concerning their rights.Aboriginal rights in Canada are defined by the constitution as aboriginal peoples’ rights to ownership of land and its resources, the inherent right of aboriginal societies to self-government, and the right to legal recognition of indigenous customs. But difficulties arise in applying these broadly conceived rights. For example, while it might appear straightforward to affirm legal recognition of indigenous customs, the exact legal meaning of “indigenous” is extremely difficult to interpret. The intent of the constitutional protection is to recognize only long-standing traditional customs, not those of recent origin; provincial courts therefore require aboriginal peoples to provide legal documentation that any customs they seek to protect were practiced sufficiently long ago—a criterion defined in practice to mean prior to the establishment of British sovereignty over the specific territory. However, this requirement makes it difficult for aboriginal societies, which often relied on oral tradition rather than written records, to support their claims.Furthermore, even if aboriginal peoples are successful in convincing the courts that specific rights should be recognized, it is frequently difficult to determine exactly what these rights amount to. Consider aboriginal land claims. Even when aboriginal ownership of specific lands is fully established, there remains the problem of interpreting the meaning of that “ownership.” In a 1984 case in Ontario, an aboriginal group claimed that its property rights should be interpreted as full ownership in the contemporary sense of private property, which allows for the sale of the land or its resources. But the provincial court instead ruled that the law had previously recognized only the aboriginal right to use the land and therefore granted property rights so minimal as to allow only the bare survival of the community.Q.Which one of the following most accurately states the main point of the passage?

Directions: Answer the given question based on the following passage.The most remarkable achievement in post-constitution India is the exercise of the power of the judicial review by the superior courts. So long as this power is wielded by the courts effectively and fearlessly, democracy will remain ensured in India and, with all its shortcomings, the Constitution will survive. The numerous applications for the constitutional writs before the High Courts and the Supreme Court and their results testify to the establishment in India of 'limited government', or, 'the government of laws, not of men', as they call it in the United States of America. The Supreme Court has well performed its task of protecting the rights of the individual against the executive, against oppressive legislations and even against the Legislature itself, when it becomes overzealous in asserting its privileges not only against the individual citizens but even against the judges.At the same time, it should be observed that neither the guarantee of the Fundamental Rights nor its adjunct 'Judicial Review' could have full play during the first quarter of a century of the working of our Constitution owing to their erosion by Proclamations of Emergency over a substantial period of time. It is true that the Emergency provisions are as much a part of the Constitution of India as any other, and that history has proved the need for such powers to meet extraordinary situations, but, broadly speaking, if the application of the Emergency provisions overshadows the other features of the Constitution, the balance between the 'normal' and 'emergency' provisions is palpably destroyed. Even, apart from Emergency, there has been an astounding erosion of Fundamental Rights owing to multiple amendments of the Constitution.The means to prevent any such conflict between competing interests is to process all proposals for constitutional amendments through an expert and objective machinery, which would ensure the progressive adaptation of the Constitution to the Copernican changes in the social, economic and political background.Q. What, according to the passage, is the biggest concern of the author?

Directions: Read the following passage and answer the question.The term state, under Article 12 of the Constitution of India, 1950, specifies that all the authorities which are functioning within or outside the territory of India will be considered to be the state under Part III of the Constitution. This definition is not exhaustive but inclusive. The authorities which are included in Article 12 are: The government and Parliament of India, the state government and the legislature of each state, all local authorities (municipalities, District Boards, Panchayats, Improvement Trust, Mining Settlement Boards, etc.) and other authorities within the territory of India or under the control of the Government of India.Apart from the central, state and local authorities, the authority or institutions which exercise governmental or sovereign powers or functions can be counted under other authorities.Article 13 of the Constitution speaks about laws inconsistent with or in derogation of the fundamental rights. This Article states that all laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void and that the state shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void. In this Article, unless the context otherwise requires, law includes any ordinance, order, by-law, rule, regulation, notification, custom or usages having in the territory of India the force of law; laws in force include laws passed or made by legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas. Last but not the least nothing in this Article shall apply to any amendment of this Constitution made under Article 368.Unlike the other legal rights which are created by the state that confers the right upon the individuals against one another, however the fundamental rights can be claimed only against the state. Therefore, it is generally assumed that fundamental rights are available only against the state which includes the actions of the state and against the officials of the state. Property right is a recognised right under Article 300A of the Constitution.The provisions of the Constitution pertaining to fundamental rights have no retrospective effect. The word retrospective means intending to take effect from the past date. All the existing laws which are inconsistent, they will be void after the commencement of the Constitution.[Extracted, with edits and revisions, from Articles 12 and 13 as the basis of Fundamental Right, blog by Ipleaders]Q.In 1949, the Indian Parliament passed a rule guaranteeing reservations for members of the Kayastha group in nominations to the position of High Court judges. A 1948 appointment cost the Brahman Praveen his seat. After three years, he filed a lawsuit alleging that a 1949 statute violated his constitutional rights. Decide.

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.The polity assured to the people of India by the Constitution is described in the Preamble wherein the word "secular" was added by the 42nd Amendment. It highlights the fundamental rights guaranteed in Articles 25 to 28 that the State shall have no religion of its own and all persons shall be equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion of their own choice, in brief, this is the concept of secularism as a basic feature of the Constitution of India and the way of life adopted by the people of India as their abiding faith and creed. M.C.Setalvad in Patel Memorial Lectures - 1985, on Secularism, referring to the Indian concept of secularism, stated thus: The ideal, therefore, of a secular State in the sense of a State which treats all religions alike and displays benevolent neutrality towards them is in a way more suited to the Indian environment and climate than that of a truly secular State.Secularism, in the Indian context, must be given the widest possible content. It should connote the eradication of all attitudes and practices derived from or connected with religion which impede our development and retard our growth into an integrated nation The concept of secularism is very much embedded in our constitutional philosophy.Secularism is thus more than a passive attitude of religious tolerance. Itis a positive of equal treatment of all religious. TheState has no religion. The State is bound to honour and to wield the scales even between all religions. It may not advance the cause of one religion to the detriment of another.Thus, only concerted and earnest endeavour, both by the State and citizen, towards secularisation lead to the stabilisation of our democratic state and the establishment of a true and cohesive Indian nationhood.Parliament recentlypassed an amendment that would change the structure and character of the Constitution.This amendment seeks to tinker with the basic feature of secularism and it has created a sense of insecurity in the minds of minority. Based on the authors arguments and essence of the passage, would such an amendment be constitutionally permissible?

Directions: Read the following passage and answer the question.The term state, under Article 12 of the Constitution of India, 1950, specifies that all the authorities which are functioning within or outside the territory of India will be considered to be the state under Part III of the Constitution. This definition is not exhaustive but inclusive. The authorities which are included in Article 12 are: The government and Parliament of India, the state government and the legislature of each state, all local authorities (municipalities, District Boards, Panchayats, Improvement Trust, Mining Settlement Boards, etc.) and other authorities within the territory of India or under the control of the Government of India.Apart from the central, state and local authorities, the authority or institutions which exercise governmental or sovereign powers or functions can be counted under other authorities.Article 13 of the Constitution speaks about laws inconsistent with or in derogation of the fundamental rights. This Article states that all laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void and that the state shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void. In this Article, unless the context otherwise requires, law includes any ordinance, order, by-law, rule, regulation, notification, custom or usages having in the territory of India the force of law; laws in force include laws passed or made by legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas. Last but not the least nothing in this Article shall apply to any amendment of this Constitution made under Article 368.Unlike the other legal rights which are created by the state that confers the right upon the individuals against one another, however the fundamental rights can be claimed only against the state. Therefore, it is generally assumed that fundamental rights are available only against the state which includes the actions of the state and against the officials of the state. Property right is a recognised right under Article 300A of the Constitution.The provisions of the Constitution pertaining to fundamental rights have no retrospective effect. The word retrospective means intending to take effect from the past date. All the existing laws which are inconsistent, they will be void after the commencement of the Constitution.[Extracted, with edits and revisions, from Articles 12 and 13 as the basis of Fundamental Right, blog by Ipleaders]Q.According to Article 12 of the Indian Constitution, which entities are considered the state for the purposes of Part III of the Constitution?

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Read the information given below and answer the questions based on it.The struggle to obtain legal recognition of aboriginal rights is a difficult one, and even if a right is written into the law there is no guarantee that the future will not bring changes to the law that undermines the right. For this reason, the federal government of Canada in 1982 extended constitutional protection to those aboriginal rights already recognized under the law. This protection was extended to the Indian, Inuit, and Metis peoples, the three groups generally thought to comprise the aboriginal population in Canada. But this decision has placed on provincial courts the enormous burden of interpreting and translating the necessarily general constitutional language into specific rulings. The result has been inconsistent recognition and establishment of aboriginal rights, despite the continued efforts of aboriginal peoples to raise issues concerning their rights.Aboriginal rights in Canada are defined by the constitution as aboriginal peoples’ rights to ownership of land and its resources, the inherent right of aboriginal societies to self-government, and the right to legal recognition of indigenous customs. But difficulties arise in applying these broadly conceived rights. For example, while it might appear straightforward to affirm legal recognition of indigenous customs, the exact legal meaning of “indigenous” is extremely difficult to interpret. The intent of the constitutional protection is to recognize only long-standing traditional customs, not those of recent origin; provincial courts therefore require aboriginal peoples to provide legal documentation that any customs they seek to protect were practiced sufficiently long ago—a criterion defined in practice to mean prior to the establishment of British sovereignty over the specific territory. However, this requirement makes it difficult for aboriginal societies, which often relied on oral tradition rather than written records, to support their claims.Furthermore, even if aboriginal peoples are successful in convincing the courts that specific rights should be recognized, it is frequently difficult to determine exactly what these rights amount to. Consider aboriginal land claims. Even when aboriginal ownership of specific lands is fully established, there remains the problem of interpreting the meaning of that “ownership.” In a 1984 case in Ontario, an aboriginal group claimed that its property rights should be interpreted as full ownership in the contemporary sense of private property, which allows for the sale of the land or its resources. But the provincial court instead ruled that the law had previously recognized only the aboriginal right to use the land and therefore granted property rights so minimal as to allow only the bare survival of the community.Q.The passage provides evidence to suggest that the author would be most likely to assent to which one of the following proposals?a)Aboriginal peoples in Canada should not be answerable to the federal laws of Canada.b)Oral tradition should sometimes be considered legal documentation of certain indigenous customs.c)Aboriginal communities should be granted full protection of all of their customs.d)Provincial courts should be given no authority to decide cases involving questions of aboriginal rights.Correct answer is option 'B'. Can you explain this answer?
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Read the information given below and answer the questions based on it.The struggle to obtain legal recognition of aboriginal rights is a difficult one, and even if a right is written into the law there is no guarantee that the future will not bring changes to the law that undermines the right. For this reason, the federal government of Canada in 1982 extended constitutional protection to those aboriginal rights already recognized under the law. This protection was extended to the Indian, Inuit, and Metis peoples, the three groups generally thought to comprise the aboriginal population in Canada. But this decision has placed on provincial courts the enormous burden of interpreting and translating the necessarily general constitutional language into specific rulings. The result has been inconsistent recognition and establishment of aboriginal rights, despite the continued efforts of aboriginal peoples to raise issues concerning their rights.Aboriginal rights in Canada are defined by the constitution as aboriginal peoples’ rights to ownership of land and its resources, the inherent right of aboriginal societies to self-government, and the right to legal recognition of indigenous customs. But difficulties arise in applying these broadly conceived rights. For example, while it might appear straightforward to affirm legal recognition of indigenous customs, the exact legal meaning of “indigenous” is extremely difficult to interpret. The intent of the constitutional protection is to recognize only long-standing traditional customs, not those of recent origin; provincial courts therefore require aboriginal peoples to provide legal documentation that any customs they seek to protect were practiced sufficiently long ago—a criterion defined in practice to mean prior to the establishment of British sovereignty over the specific territory. However, this requirement makes it difficult for aboriginal societies, which often relied on oral tradition rather than written records, to support their claims.Furthermore, even if aboriginal peoples are successful in convincing the courts that specific rights should be recognized, it is frequently difficult to determine exactly what these rights amount to. Consider aboriginal land claims. Even when aboriginal ownership of specific lands is fully established, there remains the problem of interpreting the meaning of that “ownership.” In a 1984 case in Ontario, an aboriginal group claimed that its property rights should be interpreted as full ownership in the contemporary sense of private property, which allows for the sale of the land or its resources. But the provincial court instead ruled that the law had previously recognized only the aboriginal right to use the land and therefore granted property rights so minimal as to allow only the bare survival of the community.Q.The passage provides evidence to suggest that the author would be most likely to assent to which one of the following proposals?a)Aboriginal peoples in Canada should not be answerable to the federal laws of Canada.b)Oral tradition should sometimes be considered legal documentation of certain indigenous customs.c)Aboriginal communities should be granted full protection of all of their customs.d)Provincial courts should be given no authority to decide cases involving questions of aboriginal rights.Correct answer is option 'B'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Read the information given below and answer the questions based on it.The struggle to obtain legal recognition of aboriginal rights is a difficult one, and even if a right is written into the law there is no guarantee that the future will not bring changes to the law that undermines the right. For this reason, the federal government of Canada in 1982 extended constitutional protection to those aboriginal rights already recognized under the law. This protection was extended to the Indian, Inuit, and Metis peoples, the three groups generally thought to comprise the aboriginal population in Canada. But this decision has placed on provincial courts the enormous burden of interpreting and translating the necessarily general constitutional language into specific rulings. The result has been inconsistent recognition and establishment of aboriginal rights, despite the continued efforts of aboriginal peoples to raise issues concerning their rights.Aboriginal rights in Canada are defined by the constitution as aboriginal peoples’ rights to ownership of land and its resources, the inherent right of aboriginal societies to self-government, and the right to legal recognition of indigenous customs. But difficulties arise in applying these broadly conceived rights. For example, while it might appear straightforward to affirm legal recognition of indigenous customs, the exact legal meaning of “indigenous” is extremely difficult to interpret. The intent of the constitutional protection is to recognize only long-standing traditional customs, not those of recent origin; provincial courts therefore require aboriginal peoples to provide legal documentation that any customs they seek to protect were practiced sufficiently long ago—a criterion defined in practice to mean prior to the establishment of British sovereignty over the specific territory. However, this requirement makes it difficult for aboriginal societies, which often relied on oral tradition rather than written records, to support their claims.Furthermore, even if aboriginal peoples are successful in convincing the courts that specific rights should be recognized, it is frequently difficult to determine exactly what these rights amount to. Consider aboriginal land claims. Even when aboriginal ownership of specific lands is fully established, there remains the problem of interpreting the meaning of that “ownership.” In a 1984 case in Ontario, an aboriginal group claimed that its property rights should be interpreted as full ownership in the contemporary sense of private property, which allows for the sale of the land or its resources. But the provincial court instead ruled that the law had previously recognized only the aboriginal right to use the land and therefore granted property rights so minimal as to allow only the bare survival of the community.Q.The passage provides evidence to suggest that the author would be most likely to assent to which one of the following proposals?a)Aboriginal peoples in Canada should not be answerable to the federal laws of Canada.b)Oral tradition should sometimes be considered legal documentation of certain indigenous customs.c)Aboriginal communities should be granted full protection of all of their customs.d)Provincial courts should be given no authority to decide cases involving questions of aboriginal rights.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Read the information given below and answer the questions based on it.The struggle to obtain legal recognition of aboriginal rights is a difficult one, and even if a right is written into the law there is no guarantee that the future will not bring changes to the law that undermines the right. For this reason, the federal government of Canada in 1982 extended constitutional protection to those aboriginal rights already recognized under the law. This protection was extended to the Indian, Inuit, and Metis peoples, the three groups generally thought to comprise the aboriginal population in Canada. But this decision has placed on provincial courts the enormous burden of interpreting and translating the necessarily general constitutional language into specific rulings. The result has been inconsistent recognition and establishment of aboriginal rights, despite the continued efforts of aboriginal peoples to raise issues concerning their rights.Aboriginal rights in Canada are defined by the constitution as aboriginal peoples’ rights to ownership of land and its resources, the inherent right of aboriginal societies to self-government, and the right to legal recognition of indigenous customs. But difficulties arise in applying these broadly conceived rights. For example, while it might appear straightforward to affirm legal recognition of indigenous customs, the exact legal meaning of “indigenous” is extremely difficult to interpret. The intent of the constitutional protection is to recognize only long-standing traditional customs, not those of recent origin; provincial courts therefore require aboriginal peoples to provide legal documentation that any customs they seek to protect were practiced sufficiently long ago—a criterion defined in practice to mean prior to the establishment of British sovereignty over the specific territory. However, this requirement makes it difficult for aboriginal societies, which often relied on oral tradition rather than written records, to support their claims.Furthermore, even if aboriginal peoples are successful in convincing the courts that specific rights should be recognized, it is frequently difficult to determine exactly what these rights amount to. Consider aboriginal land claims. Even when aboriginal ownership of specific lands is fully established, there remains the problem of interpreting the meaning of that “ownership.” In a 1984 case in Ontario, an aboriginal group claimed that its property rights should be interpreted as full ownership in the contemporary sense of private property, which allows for the sale of the land or its resources. But the provincial court instead ruled that the law had previously recognized only the aboriginal right to use the land and therefore granted property rights so minimal as to allow only the bare survival of the community.Q.The passage provides evidence to suggest that the author would be most likely to assent to which one of the following proposals?a)Aboriginal peoples in Canada should not be answerable to the federal laws of Canada.b)Oral tradition should sometimes be considered legal documentation of certain indigenous customs.c)Aboriginal communities should be granted full protection of all of their customs.d)Provincial courts should be given no authority to decide cases involving questions of aboriginal rights.Correct answer is option 'B'. Can you explain this answer?.
Solutions for Read the information given below and answer the questions based on it.The struggle to obtain legal recognition of aboriginal rights is a difficult one, and even if a right is written into the law there is no guarantee that the future will not bring changes to the law that undermines the right. For this reason, the federal government of Canada in 1982 extended constitutional protection to those aboriginal rights already recognized under the law. This protection was extended to the Indian, Inuit, and Metis peoples, the three groups generally thought to comprise the aboriginal population in Canada. But this decision has placed on provincial courts the enormous burden of interpreting and translating the necessarily general constitutional language into specific rulings. The result has been inconsistent recognition and establishment of aboriginal rights, despite the continued efforts of aboriginal peoples to raise issues concerning their rights.Aboriginal rights in Canada are defined by the constitution as aboriginal peoples’ rights to ownership of land and its resources, the inherent right of aboriginal societies to self-government, and the right to legal recognition of indigenous customs. But difficulties arise in applying these broadly conceived rights. For example, while it might appear straightforward to affirm legal recognition of indigenous customs, the exact legal meaning of “indigenous” is extremely difficult to interpret. The intent of the constitutional protection is to recognize only long-standing traditional customs, not those of recent origin; provincial courts therefore require aboriginal peoples to provide legal documentation that any customs they seek to protect were practiced sufficiently long ago—a criterion defined in practice to mean prior to the establishment of British sovereignty over the specific territory. However, this requirement makes it difficult for aboriginal societies, which often relied on oral tradition rather than written records, to support their claims.Furthermore, even if aboriginal peoples are successful in convincing the courts that specific rights should be recognized, it is frequently difficult to determine exactly what these rights amount to. Consider aboriginal land claims. Even when aboriginal ownership of specific lands is fully established, there remains the problem of interpreting the meaning of that “ownership.” In a 1984 case in Ontario, an aboriginal group claimed that its property rights should be interpreted as full ownership in the contemporary sense of private property, which allows for the sale of the land or its resources. But the provincial court instead ruled that the law had previously recognized only the aboriginal right to use the land and therefore granted property rights so minimal as to allow only the bare survival of the community.Q.The passage provides evidence to suggest that the author would be most likely to assent to which one of the following proposals?a)Aboriginal peoples in Canada should not be answerable to the federal laws of Canada.b)Oral tradition should sometimes be considered legal documentation of certain indigenous customs.c)Aboriginal communities should be granted full protection of all of their customs.d)Provincial courts should be given no authority to decide cases involving questions of aboriginal rights.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Read the information given below and answer the questions based on it.The struggle to obtain legal recognition of aboriginal rights is a difficult one, and even if a right is written into the law there is no guarantee that the future will not bring changes to the law that undermines the right. For this reason, the federal government of Canada in 1982 extended constitutional protection to those aboriginal rights already recognized under the law. This protection was extended to the Indian, Inuit, and Metis peoples, the three groups generally thought to comprise the aboriginal population in Canada. But this decision has placed on provincial courts the enormous burden of interpreting and translating the necessarily general constitutional language into specific rulings. The result has been inconsistent recognition and establishment of aboriginal rights, despite the continued efforts of aboriginal peoples to raise issues concerning their rights.Aboriginal rights in Canada are defined by the constitution as aboriginal peoples’ rights to ownership of land and its resources, the inherent right of aboriginal societies to self-government, and the right to legal recognition of indigenous customs. But difficulties arise in applying these broadly conceived rights. For example, while it might appear straightforward to affirm legal recognition of indigenous customs, the exact legal meaning of “indigenous” is extremely difficult to interpret. The intent of the constitutional protection is to recognize only long-standing traditional customs, not those of recent origin; provincial courts therefore require aboriginal peoples to provide legal documentation that any customs they seek to protect were practiced sufficiently long ago—a criterion defined in practice to mean prior to the establishment of British sovereignty over the specific territory. However, this requirement makes it difficult for aboriginal societies, which often relied on oral tradition rather than written records, to support their claims.Furthermore, even if aboriginal peoples are successful in convincing the courts that specific rights should be recognized, it is frequently difficult to determine exactly what these rights amount to. Consider aboriginal land claims. Even when aboriginal ownership of specific lands is fully established, there remains the problem of interpreting the meaning of that “ownership.” In a 1984 case in Ontario, an aboriginal group claimed that its property rights should be interpreted as full ownership in the contemporary sense of private property, which allows for the sale of the land or its resources. But the provincial court instead ruled that the law had previously recognized only the aboriginal right to use the land and therefore granted property rights so minimal as to allow only the bare survival of the community.Q.The passage provides evidence to suggest that the author would be most likely to assent to which one of the following proposals?a)Aboriginal peoples in Canada should not be answerable to the federal laws of Canada.b)Oral tradition should sometimes be considered legal documentation of certain indigenous customs.c)Aboriginal communities should be granted full protection of all of their customs.d)Provincial courts should be given no authority to decide cases involving questions of aboriginal rights.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Read the information given below and answer the questions based on it.The struggle to obtain legal recognition of aboriginal rights is a difficult one, and even if a right is written into the law there is no guarantee that the future will not bring changes to the law that undermines the right. For this reason, the federal government of Canada in 1982 extended constitutional protection to those aboriginal rights already recognized under the law. This protection was extended to the Indian, Inuit, and Metis peoples, the three groups generally thought to comprise the aboriginal population in Canada. But this decision has placed on provincial courts the enormous burden of interpreting and translating the necessarily general constitutional language into specific rulings. The result has been inconsistent recognition and establishment of aboriginal rights, despite the continued efforts of aboriginal peoples to raise issues concerning their rights.Aboriginal rights in Canada are defined by the constitution as aboriginal peoples’ rights to ownership of land and its resources, the inherent right of aboriginal societies to self-government, and the right to legal recognition of indigenous customs. But difficulties arise in applying these broadly conceived rights. For example, while it might appear straightforward to affirm legal recognition of indigenous customs, the exact legal meaning of “indigenous” is extremely difficult to interpret. The intent of the constitutional protection is to recognize only long-standing traditional customs, not those of recent origin; provincial courts therefore require aboriginal peoples to provide legal documentation that any customs they seek to protect were practiced sufficiently long ago—a criterion defined in practice to mean prior to the establishment of British sovereignty over the specific territory. However, this requirement makes it difficult for aboriginal societies, which often relied on oral tradition rather than written records, to support their claims.Furthermore, even if aboriginal peoples are successful in convincing the courts that specific rights should be recognized, it is frequently difficult to determine exactly what these rights amount to. Consider aboriginal land claims. Even when aboriginal ownership of specific lands is fully established, there remains the problem of interpreting the meaning of that “ownership.” In a 1984 case in Ontario, an aboriginal group claimed that its property rights should be interpreted as full ownership in the contemporary sense of private property, which allows for the sale of the land or its resources. But the provincial court instead ruled that the law had previously recognized only the aboriginal right to use the land and therefore granted property rights so minimal as to allow only the bare survival of the community.Q.The passage provides evidence to suggest that the author would be most likely to assent to which one of the following proposals?a)Aboriginal peoples in Canada should not be answerable to the federal laws of Canada.b)Oral tradition should sometimes be considered legal documentation of certain indigenous customs.c)Aboriginal communities should be granted full protection of all of their customs.d)Provincial courts should be given no authority to decide cases involving questions of aboriginal rights.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Read the information given below and answer the questions based on it.The struggle to obtain legal recognition of aboriginal rights is a difficult one, and even if a right is written into the law there is no guarantee that the future will not bring changes to the law that undermines the right. For this reason, the federal government of Canada in 1982 extended constitutional protection to those aboriginal rights already recognized under the law. This protection was extended to the Indian, Inuit, and Metis peoples, the three groups generally thought to comprise the aboriginal population in Canada. But this decision has placed on provincial courts the enormous burden of interpreting and translating the necessarily general constitutional language into specific rulings. The result has been inconsistent recognition and establishment of aboriginal rights, despite the continued efforts of aboriginal peoples to raise issues concerning their rights.Aboriginal rights in Canada are defined by the constitution as aboriginal peoples’ rights to ownership of land and its resources, the inherent right of aboriginal societies to self-government, and the right to legal recognition of indigenous customs. But difficulties arise in applying these broadly conceived rights. For example, while it might appear straightforward to affirm legal recognition of indigenous customs, the exact legal meaning of “indigenous” is extremely difficult to interpret. The intent of the constitutional protection is to recognize only long-standing traditional customs, not those of recent origin; provincial courts therefore require aboriginal peoples to provide legal documentation that any customs they seek to protect were practiced sufficiently long ago—a criterion defined in practice to mean prior to the establishment of British sovereignty over the specific territory. However, this requirement makes it difficult for aboriginal societies, which often relied on oral tradition rather than written records, to support their claims.Furthermore, even if aboriginal peoples are successful in convincing the courts that specific rights should be recognized, it is frequently difficult to determine exactly what these rights amount to. Consider aboriginal land claims. Even when aboriginal ownership of specific lands is fully established, there remains the problem of interpreting the meaning of that “ownership.” In a 1984 case in Ontario, an aboriginal group claimed that its property rights should be interpreted as full ownership in the contemporary sense of private property, which allows for the sale of the land or its resources. But the provincial court instead ruled that the law had previously recognized only the aboriginal right to use the land and therefore granted property rights so minimal as to allow only the bare survival of the community.Q.The passage provides evidence to suggest that the author would be most likely to assent to which one of the following proposals?a)Aboriginal peoples in Canada should not be answerable to the federal laws of Canada.b)Oral tradition should sometimes be considered legal documentation of certain indigenous customs.c)Aboriginal communities should be granted full protection of all of their customs.d)Provincial courts should be given no authority to decide cases involving questions of aboriginal rights.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Read the information given below and answer the questions based on it.The struggle to obtain legal recognition of aboriginal rights is a difficult one, and even if a right is written into the law there is no guarantee that the future will not bring changes to the law that undermines the right. For this reason, the federal government of Canada in 1982 extended constitutional protection to those aboriginal rights already recognized under the law. This protection was extended to the Indian, Inuit, and Metis peoples, the three groups generally thought to comprise the aboriginal population in Canada. But this decision has placed on provincial courts the enormous burden of interpreting and translating the necessarily general constitutional language into specific rulings. The result has been inconsistent recognition and establishment of aboriginal rights, despite the continued efforts of aboriginal peoples to raise issues concerning their rights.Aboriginal rights in Canada are defined by the constitution as aboriginal peoples’ rights to ownership of land and its resources, the inherent right of aboriginal societies to self-government, and the right to legal recognition of indigenous customs. But difficulties arise in applying these broadly conceived rights. For example, while it might appear straightforward to affirm legal recognition of indigenous customs, the exact legal meaning of “indigenous” is extremely difficult to interpret. The intent of the constitutional protection is to recognize only long-standing traditional customs, not those of recent origin; provincial courts therefore require aboriginal peoples to provide legal documentation that any customs they seek to protect were practiced sufficiently long ago—a criterion defined in practice to mean prior to the establishment of British sovereignty over the specific territory. However, this requirement makes it difficult for aboriginal societies, which often relied on oral tradition rather than written records, to support their claims.Furthermore, even if aboriginal peoples are successful in convincing the courts that specific rights should be recognized, it is frequently difficult to determine exactly what these rights amount to. Consider aboriginal land claims. Even when aboriginal ownership of specific lands is fully established, there remains the problem of interpreting the meaning of that “ownership.” In a 1984 case in Ontario, an aboriginal group claimed that its property rights should be interpreted as full ownership in the contemporary sense of private property, which allows for the sale of the land or its resources. But the provincial court instead ruled that the law had previously recognized only the aboriginal right to use the land and therefore granted property rights so minimal as to allow only the bare survival of the community.Q.The passage provides evidence to suggest that the author would be most likely to assent to which one of the following proposals?a)Aboriginal peoples in Canada should not be answerable to the federal laws of Canada.b)Oral tradition should sometimes be considered legal documentation of certain indigenous customs.c)Aboriginal communities should be granted full protection of all of their customs.d)Provincial courts should be given no authority to decide cases involving questions of aboriginal rights.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Read the information given below and answer the questions based on it.The struggle to obtain legal recognition of aboriginal rights is a difficult one, and even if a right is written into the law there is no guarantee that the future will not bring changes to the law that undermines the right. For this reason, the federal government of Canada in 1982 extended constitutional protection to those aboriginal rights already recognized under the law. This protection was extended to the Indian, Inuit, and Metis peoples, the three groups generally thought to comprise the aboriginal population in Canada. But this decision has placed on provincial courts the enormous burden of interpreting and translating the necessarily general constitutional language into specific rulings. The result has been inconsistent recognition and establishment of aboriginal rights, despite the continued efforts of aboriginal peoples to raise issues concerning their rights.Aboriginal rights in Canada are defined by the constitution as aboriginal peoples’ rights to ownership of land and its resources, the inherent right of aboriginal societies to self-government, and the right to legal recognition of indigenous customs. But difficulties arise in applying these broadly conceived rights. For example, while it might appear straightforward to affirm legal recognition of indigenous customs, the exact legal meaning of “indigenous” is extremely difficult to interpret. The intent of the constitutional protection is to recognize only long-standing traditional customs, not those of recent origin; provincial courts therefore require aboriginal peoples to provide legal documentation that any customs they seek to protect were practiced sufficiently long ago—a criterion defined in practice to mean prior to the establishment of British sovereignty over the specific territory. However, this requirement makes it difficult for aboriginal societies, which often relied on oral tradition rather than written records, to support their claims.Furthermore, even if aboriginal peoples are successful in convincing the courts that specific rights should be recognized, it is frequently difficult to determine exactly what these rights amount to. Consider aboriginal land claims. Even when aboriginal ownership of specific lands is fully established, there remains the problem of interpreting the meaning of that “ownership.” In a 1984 case in Ontario, an aboriginal group claimed that its property rights should be interpreted as full ownership in the contemporary sense of private property, which allows for the sale of the land or its resources. But the provincial court instead ruled that the law had previously recognized only the aboriginal right to use the land and therefore granted property rights so minimal as to allow only the bare survival of the community.Q.The passage provides evidence to suggest that the author would be most likely to assent to which one of the following proposals?a)Aboriginal peoples in Canada should not be answerable to the federal laws of Canada.b)Oral tradition should sometimes be considered legal documentation of certain indigenous customs.c)Aboriginal communities should be granted full protection of all of their customs.d)Provincial courts should be given no authority to decide cases involving questions of aboriginal rights.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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