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Passage​: The Nirbhaya case constitutes a crime which fits into the category of the ‘rarest of the rare’ cases because it violated collective conscience. The death penalty, as an exceptional punishment, follows from the judgment that the case fit the criteria of the ‘rarest of the rare’. Ideally an exception should be unknown until it occurs: it is exceptional because it is not documented under the rule.
Conversely, once an exception has been codified through law, it loses its exceptional character. Hence ideally, there can be no pre-existing category of the ‘rarest of the rare’.
Judges already know what these ‘exceptions’ are going to be because they understand exceptions for a category like ‘murder’.
The ‘rarest of the rare’ proves to be an empty, floating category which seems to stand at once inside and outside the law, due to its ability to accommodate exceptionality. In the Nirbhaya judgment, the Supreme Court said that the ‘rarest of the rare’ case is one in which “the crime is committed… may result in intense and extreme indignation of the community and shock the collective conscience of the society”.
The category of the ‘rarest of the rare’ is always evolving. It is the evaluation of certain cases that makes them fit into the category of the ‘rarest of the rare’, and not the nature of the crimes as such. In such cases, the legal judgment says that the judicial power is obligated to the collective to repair the moral fabric of society which the crime has torn.
Q. What makes the “Rarest of the Rare” a floating category?
  • a)
    Judges can interpret it in any way they want
  • b)
    It is open to interpretation by the society
  • c)
    It makes space for cases which are extraordinary
  • d)
    It needs to be declared so by the cabinet
Correct answer is option 'C'. Can you explain this answer?
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Passage:The Nirbhaya case constitutes a crime which fits into the cate...
The rarest of the rare in the law is the category which proves to be empty floating which seems to stand at once inside and outside the law due to its ability and accommodate exceptionally.
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Passage:The Nirbhaya case constitutes a crime which fits into the category of the ‘rarest of the rare’ cases because it violated collective conscience. The death penalty, as an exceptional punishment, follows from the judgment that the case fit the criteria of the ‘rarest of the rare’. Ideally an exception should be unknown until it occurs: it is exceptional because it is not documented under the rule.Conversely, once an exception has been codified through law, it loses its exceptional character. Hence ideally, there can be no pre-existing category of the ‘rarest of the rare’.Judges already know what these ‘exceptions’ are going to be because they understand exceptions for a category like ‘murder’.The ‘rarest of the rare’ proves to be an empty, floating category which seems to stand at once inside and outside the law, due to its ability to accommodate exceptionality. In the Nirbhaya judgment, the Supreme Court said that the ‘rarest of the rare’ case is one in which “the crime is committed… may result in intense and extreme indignation of the community and shock the collective conscience of the society”.The category of the ‘rarest of the rare’ is always evolving. It is the evaluation of certain cases that makes them fit into the category of the ‘rarest of the rare’, and not the nature of the crimes as such. In such cases, the legal judgment says that the judicial power is obligated to the collective to repair the moral fabric of society which the crime has torn.Q.In the last line of the extract, what does the term “collective” mean?

Passage:The Nirbhaya case constitutes a crime which fits into the category of the ‘rarest of the rare’ cases because it violated collective conscience. The death penalty, as an exceptional punishment, follows from the judgment that the case fit the criteria of the ‘rarest of the rare’. Ideally an exception should be unknown until it occurs: it is exceptional because it is not documented under the rule.Conversely, once an exception has been codified through law, it loses its exceptional character. Hence ideally, there can be no pre-existing category of the ‘rarest of the rare’.Judges already know what these ‘exceptions’ are going to be because they understand exceptions for a category like ‘murder’.The ‘rarest of the rare’ proves to be an empty, floating category which seems to stand at once inside and outside the law, due to its ability to accommodate exceptionality. In the Nirbhaya judgment, the Supreme Court said that the ‘rarest of the rare’ case is one in which “the crime is committed… may result in intense and extreme indignation of the community and shock the collective conscience of the society”.The category of the ‘rarest of the rare’ is always evolving. It is the evaluation of certain cases that makes them fit into the category of the ‘rarest of the rare’, and not the nature of the crimes as such. In such cases, the legal judgment says that the judicial power is obligated to the collective to repair the moral fabric of society which the crime has torn.Q.Why does the Nirbhaya case fit into the category of “Rarest of the rare”?

Directions: Kindly read the passage carefully and answer the questions given below.The Elephant Whisperers, a documentary about the raising of an orphaned elephant calf by a tribal couple, won the best documentary (short) award at the 95th Academy Awards on March 13. It is the story of a loving relationship between humans and other sentient species, particularly pachyderms. The footage was shot over five years and then edited to make the documentary. Relationship between man and nature, particularly animals, is palpable and those who have made an attempt to develop it have indeed benefited from it, physically as well as emotionally. However, it could also go sour if humans are not careful and nuanced in their approach to dealing with them and taming or controlling them, particularly elephants. According to the National Geographic Channel documentary Elephant Rage, some 500 people are killed by elephants each year when they are pushed.The elephants, of course, are a very intelligent species of animals, unlike the general impression we have about them on account of their size and sloth. They are exceptionally smart creatures, have the largest brain of any land animal, and three times as many neurons as humans. While many of these neurons indeed exist to control the elephant’s large and dexterous body, this creature has demonstrated its impressive mental capabilities time and again. It can identify languages, understand human body language, use tools, show empathy and, above all, has extraordinary memory — and hence the phrase “elephantine memory”. In the past, elephants werepart of the royal heavy artillery and entourage, for pomp and show.Elephants have also been used for communication purposes, especially in the days gone by when the modes of travel were limited. During the early part of my career in the civil services, I had come across a garage or a “hangar” attached to the office of the sub-divisional magistrate of Bhadrachalam, in the current state of Telangana, constructed to accommodate an elephant, which was perhaps used to cross the river to travel to the outlying and interior areas on official work.That an elephant is nobody’s fool comes across clearly from the incident that took place many years ago during the pre-Independence period in the state of Samthar, where my maternal grandfather was serving as a Diwan. The maharaja had an elephant as part of his entourage. One of the duties of the mahout, employed to take care of the elephant, was to feed him with jalebis. The mahout was in the habit of stealing a part of this ration, meant for the elephant, for his own personal consumption. The elephant had observed this over a period of time. Then one day, he picked up the mahout, threw him on the ground and trampled him to death. When the news spread, the mahout’s wife came running, holding an infant in her arms. She placed her baby in front of the elephant and asked him to kill the baby too since there would be no one to take care of it. The elephant picked up the baby and put it on its head. Then there was a forest officer who was serving as an instructor at the Forest Research Institute, Dehradun in the 1970s. As part of his responsibilities, he was required to take the trainees out for practical training to different parts of the country. One particular year, he took them to the Bandipur National Park in Karnataka, which is home to Bengal tigers, elephants, some deer species and others.The instructor decided to teach his trainees how to avoid an encounter with an elephant if they came face-to-face with one. He told them that they should go round and round a tree which would confuse the elephant. Since there was an elephant around, he attempted to demonstrate the technique and started running around a tree, with the elephant in hot pursuit. After going round and round a few times, the elephant stopped, turned around and waited. The instructor who was still going round in the same direction collided with the elephant head-on and was killed instantaneously. The pachyderm had not perhaps liked the gumption of the instructor to underestimate his intelligence.Q. Which phrase in the passage is closest in meaning to "impressive mental capabilities"?

Directions: Kindly read the passage carefully and answer the questions given below.The Elephant Whisperers, a documentary about the raising of an orphaned elephant calf by a tribal couple, won the best documentary (short) award at the 95th Academy Awards on March 13. It is the story of a loving relationship between humans and other sentient species, particularly pachyderms. The footage was shot over five years and then edited to make the documentary. Relationship between man and nature, particularly animals, is palpable and those who have made an attempt to develop it have indeed benefited from it, physically as well as emotionally. However, it could also go sour if humans are not careful and nuanced in their approach to dealing with them and taming or controlling them, particularly elephants. According to the National Geographic Channel documentary Elephant Rage, some 500 people are killed by elephants each year when they are pushed.The elephants, of course, are a very intelligent species of animals, unlike the general impression we have about them on account of their size and sloth. They are exceptionally smart creatures, have the largest brain of any land animal, and three times as many neurons as humans. While many of these neurons indeed exist to control the elephant’s large and dexterous body, this creature has demonstrated its impressive mental capabilities time and again. It can identify languages, understand human body language, use tools, show empathy and, above all, has extraordinary memory — and hence the phrase “elephantine memory”. In the past, elephants werepart of the royal heavy artillery and entourage, for pomp and show.Elephants have also been used for communication purposes, especially in the days gone by when the modes of travel were limited. During the early part of my career in the civil services, I had come across a garage or a “hangar” attached to the office of the sub-divisional magistrate of Bhadrachalam, in the current state of Telangana, constructed to accommodate an elephant, which was perhaps used to cross the river to travel to the outlying and interior areas on official work.That an elephant is nobody’s fool comes across clearly from the incident that took place many years ago during the pre-Independence period in the state of Samthar, where my maternal grandfather was serving as a Diwan. The maharaja had an elephant as part of his entourage. One of the duties of the mahout, employed to take care of the elephant, was to feed him with jalebis. The mahout was in the habit of stealing a part of this ration, meant for the elephant, for his own personal consumption. The elephant had observed this over a period of time. Then one day, he picked up the mahout, threw him on the ground and trampled him to death. When the news spread, the mahout’s wife came running, holding an infant in her arms. She placed her baby in front of the elephant and asked him to kill the baby too since there would be no one to take care of it. The elephant picked up the baby and put it on its head. Then there was a forest officer who was serving as an instructor at the Forest Research Institute, Dehradun in the 1970s. As part of his responsibilities, he was required to take the trainees out for practical training to different parts of the country. One particular year, he took them to the Bandipur National Park in Karnataka, which is home to Bengal tigers, elephants, some deer species and others.The instructor decided to teach his trainees how to avoid an encounter with an elephant if they came face-to-face with one. He told them that they should go round and round a tree which would confuse the elephant. Since there was an elephant around, he attempted to demonstrate the technique and started running around a tree, with the elephant in hot pursuit. After going round and round a few times, the elephant stopped, turned around and waited. The instructor who was still going round in the same direction collided with the elephant head-on and was killed instantaneously. The pachyderm had not perhaps liked the gumption of the instructor to underestimate his intelligence.Q.How are elephants different from the common perception we have about them?

Directions: Kindly read the passage carefully and answer the questions given beside.Section 25 of the Contract Act reads- “Agreements without consideration, void unless it is writing and registered or is a promise to compensate for something or is a promise to pay a debt barred by limitation law”. This section after defining consideration in definition clause in Sec. 2( d) declares that “consideration is the vital part of a valid contract” and also states some exception to the rule that it establishes and in such exceptions, the contract cannot be rendered void even if it is without consideration. The exceptions are: When the contract is in writing and registered When it is for compensating someone for his voluntary services for the promisor in the past. When it is a promise, signed or made in writing by the person or his agent to pay whole or part of a debt which is barred by the law of limitation. Note- In case of transfer of any gift from one person to another, this section does not affect its validity. Mere inadequate consideration in a contract does not render it to be void under this section. However, inadequacy may be taken into account to check whether the consent was free or not.Q.Mr. X and Mr. Y have entered into an agreement for the sale of Mr. Xs car to Mr. Y for Rs. 2 lakhs. Notably, the contract does not specify the consideration involved. Subsequently, once the contract has been carried out, Mr. Y declines to fulfill the agreed-upon payment to Mr. X, contending that the contract is void due to the absence of consideration. Which of the following options provides the most accurate explanation regarding the validity of the contract between Mr. X and Mr. Y?

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Passage:The Nirbhaya case constitutes a crime which fits into the category of the ‘rarest of the rare’ cases because it violated collective conscience. The death penalty, as an exceptional punishment, follows from the judgment that the case fit the criteria of the ‘rarest of the rare’. Ideally an exception should be unknown until it occurs: it is exceptional because it is not documented under the rule.Conversely, once an exception has been codified through law, it loses its exceptional character. Hence ideally, there can be no pre-existing category of the ‘rarest of the rare’.Judges already know what these ‘exceptions’ are going to be because they understand exceptions for a category like ‘murder’.The ‘rarest of the rare’ proves to be an empty, floating category which seems to stand at once inside and outside the law, due to its ability to accommodate exceptionality. In the Nirbhaya judgment, the Supreme Court said that the ‘rarest of the rare’ case is one in which “the crime is committed… may result in intense and extreme indignation of the community and shock the collective conscience of the society”.The category of the ‘rarest of the rare’ is always evolving. It is the evaluation of certain cases that makes them fit into the category of the ‘rarest of the rare’, and not the nature of the crimes as such. In such cases, the legal judgment says that the judicial power is obligated to the collective to repair the moral fabric of society which the crime has torn.Q.What makes the “Rarest of the Rare” a floating category?a)Judges can interpret it in any way they wantb)It is open to interpretation by the societyc)It makes space for cases which are extraordinaryd)It needs to be declared so by the cabinetCorrect answer is option 'C'. Can you explain this answer?
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Passage:The Nirbhaya case constitutes a crime which fits into the category of the ‘rarest of the rare’ cases because it violated collective conscience. The death penalty, as an exceptional punishment, follows from the judgment that the case fit the criteria of the ‘rarest of the rare’. Ideally an exception should be unknown until it occurs: it is exceptional because it is not documented under the rule.Conversely, once an exception has been codified through law, it loses its exceptional character. Hence ideally, there can be no pre-existing category of the ‘rarest of the rare’.Judges already know what these ‘exceptions’ are going to be because they understand exceptions for a category like ‘murder’.The ‘rarest of the rare’ proves to be an empty, floating category which seems to stand at once inside and outside the law, due to its ability to accommodate exceptionality. In the Nirbhaya judgment, the Supreme Court said that the ‘rarest of the rare’ case is one in which “the crime is committed… may result in intense and extreme indignation of the community and shock the collective conscience of the society”.The category of the ‘rarest of the rare’ is always evolving. It is the evaluation of certain cases that makes them fit into the category of the ‘rarest of the rare’, and not the nature of the crimes as such. In such cases, the legal judgment says that the judicial power is obligated to the collective to repair the moral fabric of society which the crime has torn.Q.What makes the “Rarest of the Rare” a floating category?a)Judges can interpret it in any way they wantb)It is open to interpretation by the societyc)It makes space for cases which are extraordinaryd)It needs to be declared so by the cabinetCorrect answer is option 'C'. 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 Passage:The Nirbhaya case constitutes a crime which fits into the category of the ‘rarest of the rare’ cases because it violated collective conscience. The death penalty, as an exceptional punishment, follows from the judgment that the case fit the criteria of the ‘rarest of the rare’. Ideally an exception should be unknown until it occurs: it is exceptional because it is not documented under the rule.Conversely, once an exception has been codified through law, it loses its exceptional character. Hence ideally, there can be no pre-existing category of the ‘rarest of the rare’.Judges already know what these ‘exceptions’ are going to be because they understand exceptions for a category like ‘murder’.The ‘rarest of the rare’ proves to be an empty, floating category which seems to stand at once inside and outside the law, due to its ability to accommodate exceptionality. In the Nirbhaya judgment, the Supreme Court said that the ‘rarest of the rare’ case is one in which “the crime is committed… may result in intense and extreme indignation of the community and shock the collective conscience of the society”.The category of the ‘rarest of the rare’ is always evolving. It is the evaluation of certain cases that makes them fit into the category of the ‘rarest of the rare’, and not the nature of the crimes as such. In such cases, the legal judgment says that the judicial power is obligated to the collective to repair the moral fabric of society which the crime has torn.Q.What makes the “Rarest of the Rare” a floating category?a)Judges can interpret it in any way they wantb)It is open to interpretation by the societyc)It makes space for cases which are extraordinaryd)It needs to be declared so by the cabinetCorrect answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Passage:The Nirbhaya case constitutes a crime which fits into the category of the ‘rarest of the rare’ cases because it violated collective conscience. The death penalty, as an exceptional punishment, follows from the judgment that the case fit the criteria of the ‘rarest of the rare’. Ideally an exception should be unknown until it occurs: it is exceptional because it is not documented under the rule.Conversely, once an exception has been codified through law, it loses its exceptional character. Hence ideally, there can be no pre-existing category of the ‘rarest of the rare’.Judges already know what these ‘exceptions’ are going to be because they understand exceptions for a category like ‘murder’.The ‘rarest of the rare’ proves to be an empty, floating category which seems to stand at once inside and outside the law, due to its ability to accommodate exceptionality. In the Nirbhaya judgment, the Supreme Court said that the ‘rarest of the rare’ case is one in which “the crime is committed… may result in intense and extreme indignation of the community and shock the collective conscience of the society”.The category of the ‘rarest of the rare’ is always evolving. It is the evaluation of certain cases that makes them fit into the category of the ‘rarest of the rare’, and not the nature of the crimes as such. In such cases, the legal judgment says that the judicial power is obligated to the collective to repair the moral fabric of society which the crime has torn.Q.What makes the “Rarest of the Rare” a floating category?a)Judges can interpret it in any way they wantb)It is open to interpretation by the societyc)It makes space for cases which are extraordinaryd)It needs to be declared so by the cabinetCorrect answer is option 'C'. Can you explain this answer?.
Solutions for Passage:The Nirbhaya case constitutes a crime which fits into the category of the ‘rarest of the rare’ cases because it violated collective conscience. The death penalty, as an exceptional punishment, follows from the judgment that the case fit the criteria of the ‘rarest of the rare’. Ideally an exception should be unknown until it occurs: it is exceptional because it is not documented under the rule.Conversely, once an exception has been codified through law, it loses its exceptional character. Hence ideally, there can be no pre-existing category of the ‘rarest of the rare’.Judges already know what these ‘exceptions’ are going to be because they understand exceptions for a category like ‘murder’.The ‘rarest of the rare’ proves to be an empty, floating category which seems to stand at once inside and outside the law, due to its ability to accommodate exceptionality. In the Nirbhaya judgment, the Supreme Court said that the ‘rarest of the rare’ case is one in which “the crime is committed… may result in intense and extreme indignation of the community and shock the collective conscience of the society”.The category of the ‘rarest of the rare’ is always evolving. It is the evaluation of certain cases that makes them fit into the category of the ‘rarest of the rare’, and not the nature of the crimes as such. In such cases, the legal judgment says that the judicial power is obligated to the collective to repair the moral fabric of society which the crime has torn.Q.What makes the “Rarest of the Rare” a floating category?a)Judges can interpret it in any way they wantb)It is open to interpretation by the societyc)It makes space for cases which are extraordinaryd)It needs to be declared so by the cabinetCorrect answer is option 'C'. 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 Passage:The Nirbhaya case constitutes a crime which fits into the category of the ‘rarest of the rare’ cases because it violated collective conscience. The death penalty, as an exceptional punishment, follows from the judgment that the case fit the criteria of the ‘rarest of the rare’. Ideally an exception should be unknown until it occurs: it is exceptional because it is not documented under the rule.Conversely, once an exception has been codified through law, it loses its exceptional character. Hence ideally, there can be no pre-existing category of the ‘rarest of the rare’.Judges already know what these ‘exceptions’ are going to be because they understand exceptions for a category like ‘murder’.The ‘rarest of the rare’ proves to be an empty, floating category which seems to stand at once inside and outside the law, due to its ability to accommodate exceptionality. In the Nirbhaya judgment, the Supreme Court said that the ‘rarest of the rare’ case is one in which “the crime is committed… may result in intense and extreme indignation of the community and shock the collective conscience of the society”.The category of the ‘rarest of the rare’ is always evolving. It is the evaluation of certain cases that makes them fit into the category of the ‘rarest of the rare’, and not the nature of the crimes as such. In such cases, the legal judgment says that the judicial power is obligated to the collective to repair the moral fabric of society which the crime has torn.Q.What makes the “Rarest of the Rare” a floating category?a)Judges can interpret it in any way they wantb)It is open to interpretation by the societyc)It makes space for cases which are extraordinaryd)It needs to be declared so by the cabinetCorrect answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Passage:The Nirbhaya case constitutes a crime which fits into the category of the ‘rarest of the rare’ cases because it violated collective conscience. The death penalty, as an exceptional punishment, follows from the judgment that the case fit the criteria of the ‘rarest of the rare’. Ideally an exception should be unknown until it occurs: it is exceptional because it is not documented under the rule.Conversely, once an exception has been codified through law, it loses its exceptional character. Hence ideally, there can be no pre-existing category of the ‘rarest of the rare’.Judges already know what these ‘exceptions’ are going to be because they understand exceptions for a category like ‘murder’.The ‘rarest of the rare’ proves to be an empty, floating category which seems to stand at once inside and outside the law, due to its ability to accommodate exceptionality. In the Nirbhaya judgment, the Supreme Court said that the ‘rarest of the rare’ case is one in which “the crime is committed… may result in intense and extreme indignation of the community and shock the collective conscience of the society”.The category of the ‘rarest of the rare’ is always evolving. It is the evaluation of certain cases that makes them fit into the category of the ‘rarest of the rare’, and not the nature of the crimes as such. In such cases, the legal judgment says that the judicial power is obligated to the collective to repair the moral fabric of society which the crime has torn.Q.What makes the “Rarest of the Rare” a floating category?a)Judges can interpret it in any way they wantb)It is open to interpretation by the societyc)It makes space for cases which are extraordinaryd)It needs to be declared so by the cabinetCorrect answer is option 'C'. Can you explain this answer?, a detailed solution for Passage:The Nirbhaya case constitutes a crime which fits into the category of the ‘rarest of the rare’ cases because it violated collective conscience. The death penalty, as an exceptional punishment, follows from the judgment that the case fit the criteria of the ‘rarest of the rare’. Ideally an exception should be unknown until it occurs: it is exceptional because it is not documented under the rule.Conversely, once an exception has been codified through law, it loses its exceptional character. Hence ideally, there can be no pre-existing category of the ‘rarest of the rare’.Judges already know what these ‘exceptions’ are going to be because they understand exceptions for a category like ‘murder’.The ‘rarest of the rare’ proves to be an empty, floating category which seems to stand at once inside and outside the law, due to its ability to accommodate exceptionality. In the Nirbhaya judgment, the Supreme Court said that the ‘rarest of the rare’ case is one in which “the crime is committed… may result in intense and extreme indignation of the community and shock the collective conscience of the society”.The category of the ‘rarest of the rare’ is always evolving. It is the evaluation of certain cases that makes them fit into the category of the ‘rarest of the rare’, and not the nature of the crimes as such. In such cases, the legal judgment says that the judicial power is obligated to the collective to repair the moral fabric of society which the crime has torn.Q.What makes the “Rarest of the Rare” a floating category?a)Judges can interpret it in any way they wantb)It is open to interpretation by the societyc)It makes space for cases which are extraordinaryd)It needs to be declared so by the cabinetCorrect answer is option 'C'. Can you explain this answer? has been provided alongside types of Passage:The Nirbhaya case constitutes a crime which fits into the category of the ‘rarest of the rare’ cases because it violated collective conscience. The death penalty, as an exceptional punishment, follows from the judgment that the case fit the criteria of the ‘rarest of the rare’. Ideally an exception should be unknown until it occurs: it is exceptional because it is not documented under the rule.Conversely, once an exception has been codified through law, it loses its exceptional character. Hence ideally, there can be no pre-existing category of the ‘rarest of the rare’.Judges already know what these ‘exceptions’ are going to be because they understand exceptions for a category like ‘murder’.The ‘rarest of the rare’ proves to be an empty, floating category which seems to stand at once inside and outside the law, due to its ability to accommodate exceptionality. In the Nirbhaya judgment, the Supreme Court said that the ‘rarest of the rare’ case is one in which “the crime is committed… may result in intense and extreme indignation of the community and shock the collective conscience of the society”.The category of the ‘rarest of the rare’ is always evolving. It is the evaluation of certain cases that makes them fit into the category of the ‘rarest of the rare’, and not the nature of the crimes as such. In such cases, the legal judgment says that the judicial power is obligated to the collective to repair the moral fabric of society which the crime has torn.Q.What makes the “Rarest of the Rare” a floating category?a)Judges can interpret it in any way they wantb)It is open to interpretation by the societyc)It makes space for cases which are extraordinaryd)It needs to be declared so by the cabinetCorrect answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Passage:The Nirbhaya case constitutes a crime which fits into the category of the ‘rarest of the rare’ cases because it violated collective conscience. The death penalty, as an exceptional punishment, follows from the judgment that the case fit the criteria of the ‘rarest of the rare’. Ideally an exception should be unknown until it occurs: it is exceptional because it is not documented under the rule.Conversely, once an exception has been codified through law, it loses its exceptional character. Hence ideally, there can be no pre-existing category of the ‘rarest of the rare’.Judges already know what these ‘exceptions’ are going to be because they understand exceptions for a category like ‘murder’.The ‘rarest of the rare’ proves to be an empty, floating category which seems to stand at once inside and outside the law, due to its ability to accommodate exceptionality. In the Nirbhaya judgment, the Supreme Court said that the ‘rarest of the rare’ case is one in which “the crime is committed… may result in intense and extreme indignation of the community and shock the collective conscience of the society”.The category of the ‘rarest of the rare’ is always evolving. It is the evaluation of certain cases that makes them fit into the category of the ‘rarest of the rare’, and not the nature of the crimes as such. In such cases, the legal judgment says that the judicial power is obligated to the collective to repair the moral fabric of society which the crime has torn.Q.What makes the “Rarest of the Rare” a floating category?a)Judges can interpret it in any way they wantb)It is open to interpretation by the societyc)It makes space for cases which are extraordinaryd)It needs to be declared so by the cabinetCorrect answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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