CLAT Exam  >  CLAT Questions  >  Directions: Read the following passage and an... Start Learning for Free
Directions: Read the following passage and answer the question.
Back in March 1984, the Tenth Law Commission of India (95th Report) under Justice K K Mathew recommended that “the Supreme Court of India should consist of two Divisions, namely (a) Constitutional Division, and (b) Legal Division”, and that “only matters of Constitutional law may be assigned to the proposed Constitutional Division”. The Eleventh Law Commission under the chairmanship of Justice D.A Desai (125th Report, 1988) “reiterate(d) that the recommendation for splitting the (Supreme) Court into two halves deserves to be implemented”. Thereafter, the Eighteenth Law Commission under Justice A R Lakshmanan (229th Report, 2009) recommended that “a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues”, and “four Cassation Benches be set up in the Northern region/zone at Delhi, the Southern region/zone at Chennai/Hyderabad, the Eastern region/zone at Kolkata and the Western region/zone at Mumbai to deal with all appellate work arising out of the orders/judgments of the High Courts of the particular region”.
Indeed, many countries around the world have Courts of Cassation that decide cases involving non-Constitutional disputes and appeals from the lower level of courts. These are courts of last resort that have the power to reverse decisions of lower courts. (Cassation: annulment, cancellation, reversal). It has been pointed out that Article 39A says that “the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall… ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities”. It is obvious that travelling to New Delhi or engaging expensive Supreme Court counsel to pursue a case is beyond the means of most litigants. Standing Committees of Parliament recommended in 2004, 2005, and 2006 that Benches of the court be set up elsewhere.
In 2008, the Committee suggested that at least one Bench be set up on a trial basis in Chennai. But the Supreme Court has not agreed with the proposal, which in its opinion will dilute the prestige of the court. Article 130 says that “the Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.” Supreme Court Rules give the Chief Justice of India the power to constitute Benches — he can, for instance, have a Constitution Bench of seven judges in New Delhi, and set up smaller Benches in, say, four or six places across the country.`
Q. A is a poor man residing in Bihar. He was fighting an eviction case, which has finally reached the final stage of appeals and is pending before the Supreme Court. A is a daily wage earner and cannot travel to Delhi to attend court hearings. Do you think according to the author, this would be a violation of Article 39A? Could this have been prevented if a regional bench was set up?
  • a)
    Yes, Article 39A ensures that justice is not denied to any person on account of economic or other disabilities, hence, not having a regional bench, forces A to travel to Delhi to attend court hearings, which he cannot afford.
  • b)
    No, A can always have his lawyer attend these court hearings.
  • c)
    Yes, Article 39A will be violated, as justice is being denied on economic grounds.
  • d)
    Only (A) and (C)
Correct answer is option 'D'. Can you explain this answer?
Verified Answer
Directions: Read the following passage and answer the question.Back in...
Article 39A states that it is the state’s duty to ensure that justice is not denied on grounds of economic disability. If having the Supreme Court in Delhi, causes financial hardship to A and prevents him from attending court hearings, according to the author, this would be justice denied on economic grounds. This hardship can be prevented if regional benches are set up and A can locally approach the regional benches. This would be both time-intensive and cost-intensive for A who is a daily wage earner.
View all questions of this test
Explore Courses for CLAT exam

Similar CLAT Doubts

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?

The Writ Jurisdiction of Supreme Court can be invoked under Article 32 of the Constitution for the violation of fundamental rights guaranteed under Part – III of the Constitution. Any provision in any Constitution for Fundamental Rights is meaningless unless there are adequate safeguards to ensure enforcement of such provisions. Since the reality of such rights is tested only through the judiciary, the safeguards assume even more importance. In addition, enforcement also depends upon the degree of independence of the Judiciary and the availability of relevant instruments with the executive authority. Indian Constitution, like most of Western Constitutions, lays down certain provisions to ensure the enforcement of Fundamental Rights.However, Article 32 is referred to as the “Constitutional Remedy” for enforcement of Fundamental Rights. This provision itself has been included in the Fundamental Rights and hence it cannot be denied to any person. Dr. B. R. Ambedkar described Article 32 as the most important one, without which the Constitution would be reduced to nullity. It is also referred to as the heart and soul of the Constitution. By including Article 32 in the Fundamental Rights, the Supreme Court has been made the protector and guarantor of these Rights. An application made under Article 32 of the Constitution before the Supreme Court, cannot be refused on technical grounds. In addition to the prescribed five types of writs, the Supreme Court may pass any other appropriate order. Moreover, only the questions pertaining to the Fundamental Rights can be determined in proceedings against Article 32. Under Article 32, the Supreme Court may issue a Writ against any person or government within the territory of India. Where the infringement of a Fundamental Right has been established, the Supreme Court cannot refuse relief on the ground that the aggrieved person may have remedy before some other court or under the ordinary law.The relief can also not be denied on the ground that the disputed facts have to be investigated or some evidence has to be collected. Even if an aggrieved person has not asked for a particular Writ, the Supreme Court, after considering the facts and circumstances, may grant the appropriate Writ and may even modify it to suit the exigencies of the case. Normally, only the aggrieved person is allowed to move the Court. But it has been held by the Supreme Court that in social or public interest matters, any one may move the Court. A Public Interest Litigation can be filed before the Supreme Court under Article 32 of the Constitution or before the High Court of a State under Article 226 of the Constitution under their respective Writ Jurisdictions.Q. What is the tone of the author?

Top Courses for CLAT

Directions: Read the following passage and answer the question.Back in March 1984, the Tenth Law Commission of India (95th Report) under Justice K K Mathew recommended that “the Supreme Court of India should consist of two Divisions, namely (a) Constitutional Division, and (b) Legal Division”, and that “only matters of Constitutional law may be assigned to the proposed Constitutional Division”. The Eleventh Law Commission under the chairmanship of Justice D.A Desai (125th Report, 1988) “reiterate(d) that the recommendation for splitting the (Supreme) Court into two halves deserves to be implemented”. Thereafter, the Eighteenth Law Commission under Justice A R Lakshmanan (229th Report, 2009) recommended that “a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues”, and “four Cassation Benches be set up in the Northern region/zone at Delhi, the Southern region/zone at Chennai/Hyderabad, the Eastern region/zone at Kolkata and the Western region/zone at Mumbai to deal with all appellate work arising out of the orders/judgments of the High Courts of the particular region”.Indeed, many countries around the world have Courts of Cassation that decide cases involving non-Constitutional disputes and appeals from the lower level of courts. These are courts of last resort that have the power to reverse decisions of lower courts. (Cassation: annulment, cancellation, reversal). It has been pointed out that Article 39A says that “the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall… ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities”. It is obvious that travelling to New Delhi or engaging expensive Supreme Court counsel to pursue a case is beyond the means of most litigants. Standing Committees of Parliament recommended in 2004, 2005, and 2006 that Benches of the court be set up elsewhere.In 2008, the Committee suggested that at least one Bench be set up on a trial basis in Chennai. But the Supreme Court has not agreed with the proposal, which in its opinion will dilute the prestige of the court. Article 130 says that “the Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.” Supreme Court Rules give the Chief Justice of India the power to constitute Benches — he can, for instance, have a Constitution Bench of seven judges in New Delhi, and set up smaller Benches in, say, four or six places across the country.`Q.A is a poor man residing in Bihar. He was fighting an eviction case, which has finally reached the final stage of appeals and is pending before the Supreme Court. A is a daily wage earner and cannot travel to Delhi to attend court hearings. Do you think according to the author, this would be a violation of Article 39A? Could this have been prevented if a regional bench was set up?a)Yes, Article 39A ensures that justice is not denied to any person on account of economic or other disabilities, hence, not having a regional bench, forces A to travel to Delhi to attend court hearings, which he cannot afford.b)No, A can always have his lawyer attend these court hearings.c)Yes, Article 39A will be violated, as justice is being denied on economic grounds.d)Only (A) and (C)Correct answer is option 'D'. Can you explain this answer?
Question Description
Directions: Read the following passage and answer the question.Back in March 1984, the Tenth Law Commission of India (95th Report) under Justice K K Mathew recommended that “the Supreme Court of India should consist of two Divisions, namely (a) Constitutional Division, and (b) Legal Division”, and that “only matters of Constitutional law may be assigned to the proposed Constitutional Division”. The Eleventh Law Commission under the chairmanship of Justice D.A Desai (125th Report, 1988) “reiterate(d) that the recommendation for splitting the (Supreme) Court into two halves deserves to be implemented”. Thereafter, the Eighteenth Law Commission under Justice A R Lakshmanan (229th Report, 2009) recommended that “a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues”, and “four Cassation Benches be set up in the Northern region/zone at Delhi, the Southern region/zone at Chennai/Hyderabad, the Eastern region/zone at Kolkata and the Western region/zone at Mumbai to deal with all appellate work arising out of the orders/judgments of the High Courts of the particular region”.Indeed, many countries around the world have Courts of Cassation that decide cases involving non-Constitutional disputes and appeals from the lower level of courts. These are courts of last resort that have the power to reverse decisions of lower courts. (Cassation: annulment, cancellation, reversal). It has been pointed out that Article 39A says that “the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall… ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities”. It is obvious that travelling to New Delhi or engaging expensive Supreme Court counsel to pursue a case is beyond the means of most litigants. Standing Committees of Parliament recommended in 2004, 2005, and 2006 that Benches of the court be set up elsewhere.In 2008, the Committee suggested that at least one Bench be set up on a trial basis in Chennai. But the Supreme Court has not agreed with the proposal, which in its opinion will dilute the prestige of the court. Article 130 says that “the Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.” Supreme Court Rules give the Chief Justice of India the power to constitute Benches — he can, for instance, have a Constitution Bench of seven judges in New Delhi, and set up smaller Benches in, say, four or six places across the country.`Q.A is a poor man residing in Bihar. He was fighting an eviction case, which has finally reached the final stage of appeals and is pending before the Supreme Court. A is a daily wage earner and cannot travel to Delhi to attend court hearings. Do you think according to the author, this would be a violation of Article 39A? Could this have been prevented if a regional bench was set up?a)Yes, Article 39A ensures that justice is not denied to any person on account of economic or other disabilities, hence, not having a regional bench, forces A to travel to Delhi to attend court hearings, which he cannot afford.b)No, A can always have his lawyer attend these court hearings.c)Yes, Article 39A will be violated, as justice is being denied on economic grounds.d)Only (A) and (C)Correct answer is option 'D'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: Read the following passage and answer the question.Back in March 1984, the Tenth Law Commission of India (95th Report) under Justice K K Mathew recommended that “the Supreme Court of India should consist of two Divisions, namely (a) Constitutional Division, and (b) Legal Division”, and that “only matters of Constitutional law may be assigned to the proposed Constitutional Division”. The Eleventh Law Commission under the chairmanship of Justice D.A Desai (125th Report, 1988) “reiterate(d) that the recommendation for splitting the (Supreme) Court into two halves deserves to be implemented”. Thereafter, the Eighteenth Law Commission under Justice A R Lakshmanan (229th Report, 2009) recommended that “a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues”, and “four Cassation Benches be set up in the Northern region/zone at Delhi, the Southern region/zone at Chennai/Hyderabad, the Eastern region/zone at Kolkata and the Western region/zone at Mumbai to deal with all appellate work arising out of the orders/judgments of the High Courts of the particular region”.Indeed, many countries around the world have Courts of Cassation that decide cases involving non-Constitutional disputes and appeals from the lower level of courts. These are courts of last resort that have the power to reverse decisions of lower courts. (Cassation: annulment, cancellation, reversal). It has been pointed out that Article 39A says that “the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall… ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities”. It is obvious that travelling to New Delhi or engaging expensive Supreme Court counsel to pursue a case is beyond the means of most litigants. Standing Committees of Parliament recommended in 2004, 2005, and 2006 that Benches of the court be set up elsewhere.In 2008, the Committee suggested that at least one Bench be set up on a trial basis in Chennai. But the Supreme Court has not agreed with the proposal, which in its opinion will dilute the prestige of the court. Article 130 says that “the Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.” Supreme Court Rules give the Chief Justice of India the power to constitute Benches — he can, for instance, have a Constitution Bench of seven judges in New Delhi, and set up smaller Benches in, say, four or six places across the country.`Q.A is a poor man residing in Bihar. He was fighting an eviction case, which has finally reached the final stage of appeals and is pending before the Supreme Court. A is a daily wage earner and cannot travel to Delhi to attend court hearings. Do you think according to the author, this would be a violation of Article 39A? Could this have been prevented if a regional bench was set up?a)Yes, Article 39A ensures that justice is not denied to any person on account of economic or other disabilities, hence, not having a regional bench, forces A to travel to Delhi to attend court hearings, which he cannot afford.b)No, A can always have his lawyer attend these court hearings.c)Yes, Article 39A will be violated, as justice is being denied on economic grounds.d)Only (A) and (C)Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the following passage and answer the question.Back in March 1984, the Tenth Law Commission of India (95th Report) under Justice K K Mathew recommended that “the Supreme Court of India should consist of two Divisions, namely (a) Constitutional Division, and (b) Legal Division”, and that “only matters of Constitutional law may be assigned to the proposed Constitutional Division”. The Eleventh Law Commission under the chairmanship of Justice D.A Desai (125th Report, 1988) “reiterate(d) that the recommendation for splitting the (Supreme) Court into two halves deserves to be implemented”. Thereafter, the Eighteenth Law Commission under Justice A R Lakshmanan (229th Report, 2009) recommended that “a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues”, and “four Cassation Benches be set up in the Northern region/zone at Delhi, the Southern region/zone at Chennai/Hyderabad, the Eastern region/zone at Kolkata and the Western region/zone at Mumbai to deal with all appellate work arising out of the orders/judgments of the High Courts of the particular region”.Indeed, many countries around the world have Courts of Cassation that decide cases involving non-Constitutional disputes and appeals from the lower level of courts. These are courts of last resort that have the power to reverse decisions of lower courts. (Cassation: annulment, cancellation, reversal). It has been pointed out that Article 39A says that “the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall… ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities”. It is obvious that travelling to New Delhi or engaging expensive Supreme Court counsel to pursue a case is beyond the means of most litigants. Standing Committees of Parliament recommended in 2004, 2005, and 2006 that Benches of the court be set up elsewhere.In 2008, the Committee suggested that at least one Bench be set up on a trial basis in Chennai. But the Supreme Court has not agreed with the proposal, which in its opinion will dilute the prestige of the court. Article 130 says that “the Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.” Supreme Court Rules give the Chief Justice of India the power to constitute Benches — he can, for instance, have a Constitution Bench of seven judges in New Delhi, and set up smaller Benches in, say, four or six places across the country.`Q.A is a poor man residing in Bihar. He was fighting an eviction case, which has finally reached the final stage of appeals and is pending before the Supreme Court. A is a daily wage earner and cannot travel to Delhi to attend court hearings. Do you think according to the author, this would be a violation of Article 39A? Could this have been prevented if a regional bench was set up?a)Yes, Article 39A ensures that justice is not denied to any person on account of economic or other disabilities, hence, not having a regional bench, forces A to travel to Delhi to attend court hearings, which he cannot afford.b)No, A can always have his lawyer attend these court hearings.c)Yes, Article 39A will be violated, as justice is being denied on economic grounds.d)Only (A) and (C)Correct answer is option 'D'. Can you explain this answer?.
Solutions for Directions: Read the following passage and answer the question.Back in March 1984, the Tenth Law Commission of India (95th Report) under Justice K K Mathew recommended that “the Supreme Court of India should consist of two Divisions, namely (a) Constitutional Division, and (b) Legal Division”, and that “only matters of Constitutional law may be assigned to the proposed Constitutional Division”. The Eleventh Law Commission under the chairmanship of Justice D.A Desai (125th Report, 1988) “reiterate(d) that the recommendation for splitting the (Supreme) Court into two halves deserves to be implemented”. Thereafter, the Eighteenth Law Commission under Justice A R Lakshmanan (229th Report, 2009) recommended that “a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues”, and “four Cassation Benches be set up in the Northern region/zone at Delhi, the Southern region/zone at Chennai/Hyderabad, the Eastern region/zone at Kolkata and the Western region/zone at Mumbai to deal with all appellate work arising out of the orders/judgments of the High Courts of the particular region”.Indeed, many countries around the world have Courts of Cassation that decide cases involving non-Constitutional disputes and appeals from the lower level of courts. These are courts of last resort that have the power to reverse decisions of lower courts. (Cassation: annulment, cancellation, reversal). It has been pointed out that Article 39A says that “the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall… ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities”. It is obvious that travelling to New Delhi or engaging expensive Supreme Court counsel to pursue a case is beyond the means of most litigants. Standing Committees of Parliament recommended in 2004, 2005, and 2006 that Benches of the court be set up elsewhere.In 2008, the Committee suggested that at least one Bench be set up on a trial basis in Chennai. But the Supreme Court has not agreed with the proposal, which in its opinion will dilute the prestige of the court. Article 130 says that “the Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.” Supreme Court Rules give the Chief Justice of India the power to constitute Benches — he can, for instance, have a Constitution Bench of seven judges in New Delhi, and set up smaller Benches in, say, four or six places across the country.`Q.A is a poor man residing in Bihar. He was fighting an eviction case, which has finally reached the final stage of appeals and is pending before the Supreme Court. A is a daily wage earner and cannot travel to Delhi to attend court hearings. Do you think according to the author, this would be a violation of Article 39A? Could this have been prevented if a regional bench was set up?a)Yes, Article 39A ensures that justice is not denied to any person on account of economic or other disabilities, hence, not having a regional bench, forces A to travel to Delhi to attend court hearings, which he cannot afford.b)No, A can always have his lawyer attend these court hearings.c)Yes, Article 39A will be violated, as justice is being denied on economic grounds.d)Only (A) and (C)Correct answer is option 'D'. 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 Directions: Read the following passage and answer the question.Back in March 1984, the Tenth Law Commission of India (95th Report) under Justice K K Mathew recommended that “the Supreme Court of India should consist of two Divisions, namely (a) Constitutional Division, and (b) Legal Division”, and that “only matters of Constitutional law may be assigned to the proposed Constitutional Division”. The Eleventh Law Commission under the chairmanship of Justice D.A Desai (125th Report, 1988) “reiterate(d) that the recommendation for splitting the (Supreme) Court into two halves deserves to be implemented”. Thereafter, the Eighteenth Law Commission under Justice A R Lakshmanan (229th Report, 2009) recommended that “a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues”, and “four Cassation Benches be set up in the Northern region/zone at Delhi, the Southern region/zone at Chennai/Hyderabad, the Eastern region/zone at Kolkata and the Western region/zone at Mumbai to deal with all appellate work arising out of the orders/judgments of the High Courts of the particular region”.Indeed, many countries around the world have Courts of Cassation that decide cases involving non-Constitutional disputes and appeals from the lower level of courts. These are courts of last resort that have the power to reverse decisions of lower courts. (Cassation: annulment, cancellation, reversal). It has been pointed out that Article 39A says that “the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall… ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities”. It is obvious that travelling to New Delhi or engaging expensive Supreme Court counsel to pursue a case is beyond the means of most litigants. Standing Committees of Parliament recommended in 2004, 2005, and 2006 that Benches of the court be set up elsewhere.In 2008, the Committee suggested that at least one Bench be set up on a trial basis in Chennai. But the Supreme Court has not agreed with the proposal, which in its opinion will dilute the prestige of the court. Article 130 says that “the Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.” Supreme Court Rules give the Chief Justice of India the power to constitute Benches — he can, for instance, have a Constitution Bench of seven judges in New Delhi, and set up smaller Benches in, say, four or six places across the country.`Q.A is a poor man residing in Bihar. He was fighting an eviction case, which has finally reached the final stage of appeals and is pending before the Supreme Court. A is a daily wage earner and cannot travel to Delhi to attend court hearings. Do you think according to the author, this would be a violation of Article 39A? Could this have been prevented if a regional bench was set up?a)Yes, Article 39A ensures that justice is not denied to any person on account of economic or other disabilities, hence, not having a regional bench, forces A to travel to Delhi to attend court hearings, which he cannot afford.b)No, A can always have his lawyer attend these court hearings.c)Yes, Article 39A will be violated, as justice is being denied on economic grounds.d)Only (A) and (C)Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the following passage and answer the question.Back in March 1984, the Tenth Law Commission of India (95th Report) under Justice K K Mathew recommended that “the Supreme Court of India should consist of two Divisions, namely (a) Constitutional Division, and (b) Legal Division”, and that “only matters of Constitutional law may be assigned to the proposed Constitutional Division”. The Eleventh Law Commission under the chairmanship of Justice D.A Desai (125th Report, 1988) “reiterate(d) that the recommendation for splitting the (Supreme) Court into two halves deserves to be implemented”. Thereafter, the Eighteenth Law Commission under Justice A R Lakshmanan (229th Report, 2009) recommended that “a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues”, and “four Cassation Benches be set up in the Northern region/zone at Delhi, the Southern region/zone at Chennai/Hyderabad, the Eastern region/zone at Kolkata and the Western region/zone at Mumbai to deal with all appellate work arising out of the orders/judgments of the High Courts of the particular region”.Indeed, many countries around the world have Courts of Cassation that decide cases involving non-Constitutional disputes and appeals from the lower level of courts. These are courts of last resort that have the power to reverse decisions of lower courts. (Cassation: annulment, cancellation, reversal). It has been pointed out that Article 39A says that “the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall… ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities”. It is obvious that travelling to New Delhi or engaging expensive Supreme Court counsel to pursue a case is beyond the means of most litigants. Standing Committees of Parliament recommended in 2004, 2005, and 2006 that Benches of the court be set up elsewhere.In 2008, the Committee suggested that at least one Bench be set up on a trial basis in Chennai. But the Supreme Court has not agreed with the proposal, which in its opinion will dilute the prestige of the court. Article 130 says that “the Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.” Supreme Court Rules give the Chief Justice of India the power to constitute Benches — he can, for instance, have a Constitution Bench of seven judges in New Delhi, and set up smaller Benches in, say, four or six places across the country.`Q.A is a poor man residing in Bihar. He was fighting an eviction case, which has finally reached the final stage of appeals and is pending before the Supreme Court. A is a daily wage earner and cannot travel to Delhi to attend court hearings. Do you think according to the author, this would be a violation of Article 39A? Could this have been prevented if a regional bench was set up?a)Yes, Article 39A ensures that justice is not denied to any person on account of economic or other disabilities, hence, not having a regional bench, forces A to travel to Delhi to attend court hearings, which he cannot afford.b)No, A can always have his lawyer attend these court hearings.c)Yes, Article 39A will be violated, as justice is being denied on economic grounds.d)Only (A) and (C)Correct answer is option 'D'. Can you explain this answer?, a detailed solution for Directions: Read the following passage and answer the question.Back in March 1984, the Tenth Law Commission of India (95th Report) under Justice K K Mathew recommended that “the Supreme Court of India should consist of two Divisions, namely (a) Constitutional Division, and (b) Legal Division”, and that “only matters of Constitutional law may be assigned to the proposed Constitutional Division”. The Eleventh Law Commission under the chairmanship of Justice D.A Desai (125th Report, 1988) “reiterate(d) that the recommendation for splitting the (Supreme) Court into two halves deserves to be implemented”. Thereafter, the Eighteenth Law Commission under Justice A R Lakshmanan (229th Report, 2009) recommended that “a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues”, and “four Cassation Benches be set up in the Northern region/zone at Delhi, the Southern region/zone at Chennai/Hyderabad, the Eastern region/zone at Kolkata and the Western region/zone at Mumbai to deal with all appellate work arising out of the orders/judgments of the High Courts of the particular region”.Indeed, many countries around the world have Courts of Cassation that decide cases involving non-Constitutional disputes and appeals from the lower level of courts. These are courts of last resort that have the power to reverse decisions of lower courts. (Cassation: annulment, cancellation, reversal). It has been pointed out that Article 39A says that “the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall… ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities”. It is obvious that travelling to New Delhi or engaging expensive Supreme Court counsel to pursue a case is beyond the means of most litigants. Standing Committees of Parliament recommended in 2004, 2005, and 2006 that Benches of the court be set up elsewhere.In 2008, the Committee suggested that at least one Bench be set up on a trial basis in Chennai. But the Supreme Court has not agreed with the proposal, which in its opinion will dilute the prestige of the court. Article 130 says that “the Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.” Supreme Court Rules give the Chief Justice of India the power to constitute Benches — he can, for instance, have a Constitution Bench of seven judges in New Delhi, and set up smaller Benches in, say, four or six places across the country.`Q.A is a poor man residing in Bihar. He was fighting an eviction case, which has finally reached the final stage of appeals and is pending before the Supreme Court. A is a daily wage earner and cannot travel to Delhi to attend court hearings. Do you think according to the author, this would be a violation of Article 39A? Could this have been prevented if a regional bench was set up?a)Yes, Article 39A ensures that justice is not denied to any person on account of economic or other disabilities, hence, not having a regional bench, forces A to travel to Delhi to attend court hearings, which he cannot afford.b)No, A can always have his lawyer attend these court hearings.c)Yes, Article 39A will be violated, as justice is being denied on economic grounds.d)Only (A) and (C)Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of Directions: Read the following passage and answer the question.Back in March 1984, the Tenth Law Commission of India (95th Report) under Justice K K Mathew recommended that “the Supreme Court of India should consist of two Divisions, namely (a) Constitutional Division, and (b) Legal Division”, and that “only matters of Constitutional law may be assigned to the proposed Constitutional Division”. The Eleventh Law Commission under the chairmanship of Justice D.A Desai (125th Report, 1988) “reiterate(d) that the recommendation for splitting the (Supreme) Court into two halves deserves to be implemented”. Thereafter, the Eighteenth Law Commission under Justice A R Lakshmanan (229th Report, 2009) recommended that “a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues”, and “four Cassation Benches be set up in the Northern region/zone at Delhi, the Southern region/zone at Chennai/Hyderabad, the Eastern region/zone at Kolkata and the Western region/zone at Mumbai to deal with all appellate work arising out of the orders/judgments of the High Courts of the particular region”.Indeed, many countries around the world have Courts of Cassation that decide cases involving non-Constitutional disputes and appeals from the lower level of courts. These are courts of last resort that have the power to reverse decisions of lower courts. (Cassation: annulment, cancellation, reversal). It has been pointed out that Article 39A says that “the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall… ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities”. It is obvious that travelling to New Delhi or engaging expensive Supreme Court counsel to pursue a case is beyond the means of most litigants. Standing Committees of Parliament recommended in 2004, 2005, and 2006 that Benches of the court be set up elsewhere.In 2008, the Committee suggested that at least one Bench be set up on a trial basis in Chennai. But the Supreme Court has not agreed with the proposal, which in its opinion will dilute the prestige of the court. Article 130 says that “the Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.” Supreme Court Rules give the Chief Justice of India the power to constitute Benches — he can, for instance, have a Constitution Bench of seven judges in New Delhi, and set up smaller Benches in, say, four or six places across the country.`Q.A is a poor man residing in Bihar. He was fighting an eviction case, which has finally reached the final stage of appeals and is pending before the Supreme Court. A is a daily wage earner and cannot travel to Delhi to attend court hearings. Do you think according to the author, this would be a violation of Article 39A? Could this have been prevented if a regional bench was set up?a)Yes, Article 39A ensures that justice is not denied to any person on account of economic or other disabilities, hence, not having a regional bench, forces A to travel to Delhi to attend court hearings, which he cannot afford.b)No, A can always have his lawyer attend these court hearings.c)Yes, Article 39A will be violated, as justice is being denied on economic grounds.d)Only (A) and (C)Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the following passage and answer the question.Back in March 1984, the Tenth Law Commission of India (95th Report) under Justice K K Mathew recommended that “the Supreme Court of India should consist of two Divisions, namely (a) Constitutional Division, and (b) Legal Division”, and that “only matters of Constitutional law may be assigned to the proposed Constitutional Division”. The Eleventh Law Commission under the chairmanship of Justice D.A Desai (125th Report, 1988) “reiterate(d) that the recommendation for splitting the (Supreme) Court into two halves deserves to be implemented”. Thereafter, the Eighteenth Law Commission under Justice A R Lakshmanan (229th Report, 2009) recommended that “a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues”, and “four Cassation Benches be set up in the Northern region/zone at Delhi, the Southern region/zone at Chennai/Hyderabad, the Eastern region/zone at Kolkata and the Western region/zone at Mumbai to deal with all appellate work arising out of the orders/judgments of the High Courts of the particular region”.Indeed, many countries around the world have Courts of Cassation that decide cases involving non-Constitutional disputes and appeals from the lower level of courts. These are courts of last resort that have the power to reverse decisions of lower courts. (Cassation: annulment, cancellation, reversal). It has been pointed out that Article 39A says that “the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall… ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities”. It is obvious that travelling to New Delhi or engaging expensive Supreme Court counsel to pursue a case is beyond the means of most litigants. Standing Committees of Parliament recommended in 2004, 2005, and 2006 that Benches of the court be set up elsewhere.In 2008, the Committee suggested that at least one Bench be set up on a trial basis in Chennai. But the Supreme Court has not agreed with the proposal, which in its opinion will dilute the prestige of the court. Article 130 says that “the Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.” Supreme Court Rules give the Chief Justice of India the power to constitute Benches — he can, for instance, have a Constitution Bench of seven judges in New Delhi, and set up smaller Benches in, say, four or six places across the country.`Q.A is a poor man residing in Bihar. He was fighting an eviction case, which has finally reached the final stage of appeals and is pending before the Supreme Court. A is a daily wage earner and cannot travel to Delhi to attend court hearings. Do you think according to the author, this would be a violation of Article 39A? Could this have been prevented if a regional bench was set up?a)Yes, Article 39A ensures that justice is not denied to any person on account of economic or other disabilities, hence, not having a regional bench, forces A to travel to Delhi to attend court hearings, which he cannot afford.b)No, A can always have his lawyer attend these court hearings.c)Yes, Article 39A will be violated, as justice is being denied on economic grounds.d)Only (A) and (C)Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
Explore Courses for CLAT exam

Top Courses for CLAT

Explore Courses
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
10M+ students study on EduRev