Passage Based Questions for Legal Reasoning - 2 | Legal Reasoning for CLAT PDF Download

Passage 1

The Constitution of India guarantees to all its citizens certain fundamental freedoms, which are recognized as their fundamental rights. However, these fundamental freedoms guaranteed by the Constitution of India are not absolute as no right can be. Each of these fundamental rights is liable to be controlled, curtailed and regulated to some extent by laws made by the Parliament or the State Legislatures. Accordingly, the Constitution of India lays down the grounds and the purposes for which a legislature can impose ‘reasonable restrictions’ on the rights guaranteed to citizens. The State cannot travel beyond the contours of these reasonable restrictions in curbing the fundamental rights guaranteed to citizens. While determining the constitutional validity of a restriction imposed on a fundamental right by a legislation, the Court is not concerned with the necessity of the restriction or the wisdom of the policy underlying it, but only whether the restriction is in excess of the requirement, and whether the legislature has overstepped the Constitutional limitations. Two of the fundamental rights guaranteed to every citizen of India are- the right to move freely throughout the territory of India and the right to reside and settle in any part of India. However, the State may impose reasonable restrictions on these rights by law, in the interests of the general public or for the protection of the interests of any Scheduled Tribes.

Q1: A law was enacted by the Parliament of India which consisted of a provision making it mandatory for every person riding a two-wheeler in India, to wear a helmet, failing which such person was made liable to a fine. Mr. X, a citizen of India, was fined for violation of the said provision. Mr. X challenged the constitutional validity of the said provision. In the given situation, which of the following statements is correct?
(a) The provision is violative of the Constitution of India because it is a restriction on the freedom to move freely throughout the territory of India.
(b) The provision is not violative of the Constitution of India because it is a reasonable restriction on the freedom to move freely throughout the territory of India.
(c) Mr. X’s fundamental right to move freely throughout the territory of India is violated.
(d) Both (A) and (C).
Ans: (b)

Q2: A group of Indian students of XYZ University located in New Delhi, India posted on social networking sites that they would hold a demonstration outside the university campus, protesting against a recently passed law which made it compulsory for university students to wear uniforms while attending classes. The students further threatened to “use whatever means necessary” to “stop the oppression of students”. Therefore, the State Authorities placed barricades around the university campus in order to restrict movement of the students carrying out the demonstration and ensuring that the demonstration does not turn violent. In the given situation, which of the following statements is correct regarding the act of placing of barricades by State Authorities?
(a) The act is violative of the Constitution of India because it is a restriction on the freedom to move freely throughout the territory of India.
(b) The act is not violative of the Constitution of India because it is a reasonable restriction in the interests of general public.
(c) The act is violative of the Constitution of India because it is restriction in the interest of students.
(d) The act is not violative of the Constitution of India because it is a reasonable restriction in the interest of morality.
Ans: (b)

Q3: The appropriate authority in a State passed an externment order against Mr. A, a citizen of India. The externment order prohibited Mr. A, from residing within the State, from the date specified in such order. The externment order was passed by virtue of powers conferred on the appropriate authority by law, and the constitutional validity of this law had been upheld by the Supreme Court of India. The externment order was passed on the ground that Mr. A was found to be frequently engaged in illegal business of narcotic drugs and was also involved in several cases of riot and criminal intimidation. In the given situation, which of the following statements is correct regarding the externment order?
(a) It is a reasonable restriction on Mr. A’s fundamental right of free movement throughout the territory of India.
(b) It is an unreasonable restriction on Mr. A’s fundamental right of residence and settlement in any part of India.
(c) It is violative of Mr. A’s fundamental right of free movement throughout the territory of India.
(d) It is an unreasonable restriction on Mr. A’s fundamental right of free movement throughout the territory of India.
Ans: (a)

Q4: Mr. Z, a citizen of India, was issued a passport on June 1, 2020 by the Passport Office. Mr. Z was due to travel to Spain on July 15, 2021. On July 11, 2021, Mr. Z received a letter from the Regional Passport Officer intimating him that it was decided by the Government of India to seize his passport “in public interest”. Mr. Z was required to surrender his passport within seven days of the receipt of that letter. In the given situation, which of the following statements is correct?
(a) Mr. Z can challenge the letter on the ground that it is violative of his fundamental right of free movement throughout the territory of India.
(b) Mr. Z can challenge the letter on the ground that it is violative of his fundamental right to reside and settle in any part of India.
(c) Mr. Z can challenge the letter on the ground that it is violative of the law relating to passports in India.
(d) Mr. Z cannot challenge the letter on the ground that it is violative of his fundamental right(s) of free movement throughout the territory of India and/or to residence and settlement in any part of India.
Ans: (d)

Q5: Which of the following statements is incorrect?
(a) Fundamental right to movement and residence in any part of India are sacrosanct and are guaranteed to all citizens.
(b) Fundamental right to movement and residence in any part of India are sacrosanct, but are guaranteed subject to reasonable restrictions on such rights.
(c) Reasonable restrictions may be imposed, on fundamental rights to movement and residence in any part of India, by law.
(d) The constitutional validity of a law imposing reasonable restrictions on fundamental rights can be challenged by a citizen before the legislature.
Ans: (d)

Passage 2

Where a spouse contracts a second marriage while the first marriage is still subsisting, the spouse would be guilty of the offence of bigamy under the penal law in India, if it is proved that the first as well as the second marriages were legally valid, i.e., all the necessary ceremonies required by law or by custom have been performed at the time of contracting the marriages. According to the penal law in India, if a person, who has a living husband or wife, marries again, then such person is liable to be punished with imprisonment up to seven years along with a fine for committing the offence of bigamy. Although the penal law of India is applicable to all citizens irrespective of their religious affiliations, an exception to the offence of bigamy may be created by the law relating to marriage applicable to followers of a particular religion. Under the Hindu law relating to marriage, bigamy is not permitted. If a Hindu wife files a criminal complaint against her husband on the ground that during the subsistence of her marriage, her husband had married a second wife by converting into another religion which legally permits having more than one wife, then her husband is liable to be punished for the offence of bigamy. Further, the Hindu law relating to marriage also provides that the punishment for offence of bigamy as provided in the penal law of India would be applicable to marriage between two Hindus.

Q1: Mr. A, a Hindu male, has been married to Ms. B, a Hindu female. Their marriage was solemnized as per Hindu rites and ceremonies. After his marriage to Ms. B, Mr. A underwent religious conversion into a religion ‘X’ which legally permits males to have two wives. Thereafter, Mr. A got married to Ms. C, a female belonging to religion ‘X’, in compliance with all the legal requirements of contracting a valid marriage under religion ‘X’. In the given situation, which of the following statements is true?
(a) As Mr. A married Ms. C, the marriage of Mr. A and Ms. B has become invalid.
(b) As Mr. A is not a Hindu, the marriage of Mr. A and Ms. B has become invalid.
(c) Mr. A’s marriage with Ms. C has not affected the validity of his marriage with Ms. B.
(d) Both (A) and (B).
Ans: (c)

Q2: Mr. A, a Hindu male, has been married to Ms. B, a Hindu female. Their marriage was solemnized as per Hindu rites and ceremonies. After his marriage to Ms. B, Mr. A underwent religious conversion into a religion ‘X’ which legally permits males to have two wives. Thereafter, Mr. A got married to Ms. C, a female belonging to religion ‘X’, in compliance with all the legal requirements of contracting a valid marriage under religion ‘X’. Ms. B filed a criminal complaint against Mr. A for committing the offence of bigamy. In the given situation, which of the following statements is true?
(a) Mr. A is liable to be punished according to the Hindu law relating to marriage.
(b) Mr. A is liable to be punished according to the penal law of India.
(c) Mr. A has not committed the offence of bigamy.
(d) Both (A) and (B).
Ans: (d)

Q3: Mr. A, a Hindu male, has been married to Ms. B, a Hindu female. Their marriage was not solemnized as per Hindu rites and ceremonies or any other custom, but was performed by seeking blessings of their family members. After his marriage to Ms. B, Mr. A underwent religious conversion into a religion ‘X’ which legally permits males to have two wives. Thereafter, Mr. A got married to Ms. C, a female belonging to religion ‘X’, in compliance with all the legal requirements of contracting a valid marriage under religion ‘X’. Ms. B filed a criminal complaint against Mr. A for committing the offence of bigamy. In the given situation, which of the following statements is true?
(a) Mr. A has committed the offence of bigamy because he married again during the subsistence of the first marriage.
(b) Mr. A has not committed the offence of bigamy because his first marriage is not valid.
(c) Mr. A has committed the offence of bigamy because he underwent religious conversion in order to contract a bigamous marriage.
(d) Mr. A has not committed the offence of bigamy because his second marriage is not valid.
Ans: (b)

Q4: Mr. A, a male belonging to religion ‘P’, has been married to Ms. B, a female belonging to religion ‘P’. Their marriage was solemnized in compliance with all the legal requirements of contracting a valid marriage under religion ‘P’. Monogamy is espoused as a cherished value by the followers of religion ‘P’ and provided as a pre-condition for a valid marriage for the followers of the religion. After his marriage to Ms. B, Mr. A underwent religious conversion into a religion ‘Q’ which legally permits males to have two wives. Thereafter, Mr. A got married to Ms. C, a female belonging to religion ‘Q’, in compliance with all the legal requirements of contracting a valid marriage under religion ‘Q’. Ms. B wife filed a criminal complaint against Mr. A for committing the offence of bigamy. In the given situation, which of the following statements is true?
(a) Mr. A has committed bigamy according to the Hindu law relating to marriage.
(b) Mr. A has committed bigamy according to the penal law of India.
(c) Mr. A has committed bigamy according to the law relating to marriage of religion ‘P’.
(d) Both (B) and (C).
Ans: (d)

Q5: Which of the following statements is incorrect?
(a) Marrying again during lifetime of husband or wife is a pre-condition for performing a valid Hindu marriage.
(b) Religious conversion is not a defence for the offence of bigamy under the penal law of India.
(c) Bigamy is an offence under the penal law of India.
(d) Offence of bigamy can be committed according to the provisions of Hindu law relating to marriage.
Ans: (a)

Passage 3

A special marriage, i.e., a marriage between persons from two different religious affiliations can be legally contracted in India under the provisions of the law relating to special marriages. The law relating to special marriages provides for the registration of such marriages and for divorce in such cases. One of the modes in which a special marriage can be legally terminated is through divorce by mutual consent of parties to the marriage. In order to obtain a divorce by mutual consent, both the parties to the special marriage are required to jointly present a petition for divorce to the district court on the ground that they have been living separately for one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. At least six months after the presentation of such petition, but not later than eighteen months after the presentation of such petition, the district court, after hearing the parties and after making the necessary inquiry, and being satisfied that the marriage is a ‘special marriage’, and that the claims made in the petition are true, shall declare the marriage to be dissolved. Further, the personal presence of the parties before the district court at the time of presenting the joint petition for divorce is not mandatory, as the parties can satisfy the court even by affidavit that the requirements for granting divorce on mutual consent are fulfilled.

Q1: Ms. A, a Hindu female and Mr. B, a Christian male, got married as per the law relating to special marriages in January 2018. On January 26, 2021, Ms. A and Mr. B jointly presented a petition for divorce by mutual consent before the district court on the ground that they have been inflicting mental cruelty on each other for a period of three years and that they have mutually agreed that the marriage should be dissolved. In the given situation, which of the following statements is correct?
(a) The district court shall pass a decree of divorce within six months after the presentation of petition for divorce by mutual consent.
(b) The district court shall pass a decree of divorce after eighteen months of the presentation of petition for divorce by mutual consent.
(c) The district court shall not immediately pass a decree of divorce by mutual consent.
(d) The district court shall immediately pass a decree of divorce by mutual consent if it is satisfied that the marriage was valid.
Ans: (C)

Q2: Ms. A, a Hindu female and Mr. B, a Christian male, got married as per the law relating to special marriages in January 2018. On February 15, 2021, Ms. A presented a petition for divorce by mutual consent before the district court on the ground that Ms. A and Mr. B have been living separately for a period of one year because Mr. B has been in an adulterous relationship with Ms. X, a Christian female. In the given situation, which of the following statements is correct?
(a) The district court shall pass a decree of divorce by mutual consent six months after the date of presentation of petition for divorce.
(b) The district court shall pass a decree of divorce by mutual consent eighteen months after the date of presentation of petition for divorce.
(c) The district court shall not pass a decree of divorce by mutual consent as the requirements for grant of divorce are not fulfilled.
(d) The district court shall not pass a decree of divorce by mutual consent as Ms. A and Mr. B have not been living separately for more than one year.
Ans: (C)

Q3: Ms. A, a Hindu female and Mr. B, a Christian male, got married as per the law relating to special marriages in January 2018. On April 10, 2021, Ms. A and Mr. B jointly presented a petition for divorce by mutual consent before the district court on the ground that they have been living separately for a period of three years and that they have mutually agreed that the marriage should be dissolved. In the given situation, which of the following statements is correct?
(a) The district court shall pass a decree of divorce by mutual consent after all other legal requirements are fulfilled.
(b) The district court shall pass a decree of divorce by mutual consent immediately because Ms. A and Mr. B have been living separately for more than one year.
(c) The district court shall not pass a decree of divorce by mutual consent because the marriage between Ms. A and Mr. B is not valid.
(d) The district court shall not pass a decree of divorce by mutual consent because neither party is at fault in the marriage.
Ans: (A)

Q4: Ms. A, a Hindu female and Mr. B, a Christian male, got married as per the provisions of the law relating to special marriages in January 2018. On June 16, 2021, Ms. A and Mr. B jointly presented a petition for divorce by mutual consent before the district court on the ground that they have been living separately for a period of three years and that they have mutually agreed that the marriage should be dissolved. During the presentation of the petition, while Ms. A was present physically in the district court, Mr. B joined via video-conferencing. In the given situation, which of the following statements is correct?
(a) The district court may pass a decree of divorce by mutual consent six months after the date of presentation of petition for divorce.
(b) The district court shall pass a decree of divorce by mutual consent after all other legal requirements are fulfilled.
(c) The district court shall not pass a decree of divorce by mutual consent.
(d) Both (A) and (B).
Ans: (D)

Q5: Ms. A, a Hindu female and Mr. B, a Christian male, got married as per the law relating to special marriages in January 2018. On March 15, 2021, Ms. A and Mr. B jointly presented a petition for divorce before the district court on the ground that they have been living separately for a period of three years and that they have mutually agreed that the marriage should be dissolved. Six months later, the district court, after hearing the parties and making inquiry, found that the marriage had been solemnized under the law relating to special marriages, and that the consent of Ms. A for the presentation of petition of divorce was obtained by fraud. In the given situation, which of the following statements is correct?
(a) The district court shall pass a decree of divorce by mutual consent because the legal requirements are fulfilled.
(b) The district court shall pass a decree of divorce because the marriage had been solemnized under the law relating to special marriages.
(c) The district court shall not pass a decree of divorce because there was no mutual consent between parties.
(d) The district court shall not pass a decree of divorce because Ms. A has not been punished for fraud.
Ans: (C)

Passage 4

There are two principal theories on the relationship between international law and domestic law- Monism and Dualism. The monistic theory maintains that the subjects of two systems of law, i.e., international law and municipal law are essentially one. The monistic theory asserts that international law and municipal law are fundamentally the same in nature, and arise from the same science of law, and are manifestations of a single conception of law. The followers of this theory view international law and municipal law as part of a universal body of legal rules binding all human beings, collectively or singly. In a monist system, international law does not need to be incorporated into domestic law because international law immediately becomes incorporated in domestic legal system upon ratification of an international treaty. According to this theory, domestic law is subordinate to international law. The Statute of the International Criminal Court, therefore, can be directly applied and adjudicated in national courts according to the monistic theory. According to dualism theory, international law and municipal law represent two entirely distinct legal systems, i.e., international has an intrinsically different character from that of municipal law. International law is not directly applicable in the domestic system under dualism. First, international law must be translated into State legislation before the domestic courts can apply it. For example, under dualism, ratification of the Statute of the International Criminal Court is not enough-it must be implemented through State legislation into the domestic system. Most states and courts presumptively view national and international legal systems as discrete entities and routinely discuss in dualist fashion incorporation of rules from one system to the other.

Q1: In light of the given passage, which of the following statements is correct?
(a) Monism and Dualism are similar approaches to adopt international law into domestic law.
(b) Dualism postulates the homogeneousness of domestic law and international law.
(c) Monism and Dualism are different approaches to understand how domestic law impacts international law.
(d) Monism postulates the homogeneousness of international law and domestic law.
Ans: (D)

Q2: ‘X’ is a developing country. ‘X’ ratified the United Nations Framework Convention on Climate Change in 1995, and incorporated the provisions of the said convention in its domestic legislation addressing climate change in 1996. However, ‘X’ has been widely criticized in the international community for its failure in meeting the obligations under the said convention. ‘Y’ is a developed country. ‘Y’ ratified the United Nations Framework Convention on Climate Change in 1995, and has not incorporated the provisions of the said convention in its domestic legislation till date. ‘Y’ has been appreciated by the international community for its success in meeting the obligations under the said convention. In the given situation, which of the following statements is correct?
(a) ‘X’ is a monist State and ‘Y’ is a dualist State.
(b) ‘X’ is a dualist State and ‘Y’ is a monist State.
(c) ‘X’ and ‘Y’ are both monist States.
(d) ‘X’ and ‘Y’ are both dualist States.
Ans: (B)

Q3: ‘D’, a dualist State, has signed and ratified the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS Agreement), an international agreement administered by the World Trade Organization (WTO). If ‘D’ is compelled to fulfill its international obligations under the TRIPS Agreement, which of the following statements is correct?
(a) ‘D’ may adopt the provisions of the TRIPS Agreement without enacting a new domestic legislation or amending an existing legislation.
(b) ‘D’ may not incorporate the provisions of the TRIPS Agreement into a new domestic legislation.
(c) ‘D’ must incorporate the provisions of the TRIPS Agreement into an existing domestic legislation or in a new domestic legislation.
(d) ‘D’ may not incorporate the provisions of the TRIPS Agreement into an existing domestic legislation.
Ans: (C)

Q4: Which of the following statements is incorrect?
(a) According to monism, the nature of domestic law and international law is the same and domestic law is subordinate to international law.
(b) According to monism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.
(c) According to dualism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.
(d) According to dualism, the nature of domestic law and international law is different and domestic law is not subordinate to international law.
Ans: (C)

Q5: The country ‘X’ has ratified an International Convention which requires each State Party to enact laws defining and punishing bribery, i.e., the act of offering bribes to Government officials. The Convention has neither defined bribery, nor prescribed a punishment for the same, so that each State Party may define the offence of bribery differently in their respective domestic legislations. By 2022, ‘X’ has not enacted any law defining and punishing the offence of bribery. In November 2021, Mr. A was being prosecuted by a domestic criminal court in ‘X’ for allegedly offering a bribe to a Government official. In the given situation, which of the following statements is correct?
(a) If ‘X’ is a monist State, Mr. A can be punished for committing an offence under the Convention.
(b) If ‘X’ is a dualist State, Mr. A can be punished for committing an offence under the Convention.
(c) If ‘X’ is a dualist State, Mr. A cannot be punished for committing an offence under the Convention.
(d) Mr. A cannot be punished for committing an offence under the Convention irrespective of whether ‘X’ is a monist or a dualist State.
Ans: (C)

Passage 5

The United Nations Commission on Environment and Development defines ‘sustainable development’ as follows: “Sustainable development is the development that meets the needs of the present without compromising the ability of future generations to meet their own needs.’’ Sustainable development clearly postulates an anthropocentric bias, least concerned with the rights of other species which live on this earth. Anthropocentrism is always human-interest focused thinking that considers non-humans as having only instrumental value to humans, in other words, humans take precedence and human responsibilities towards non-human are based on benefits to humans. Eco-centrism is nature-centred, where humans are part of nature and non-humans have intrinsic value. In other words, human interest does not take automatic precedence and humans have obligations towards non-humans independently of human interest. Eco-centrism is, therefore, life-centred, nature-centred where nature includes both humans and non-humans. The Constitution of India protects not only human rights but also casts an obligation on human beings to protect and preserve a specie from becoming extinct. Conservation and protection of environment is an inseparable part of the fundamental right to life. According to the doctrine of ‘public trust’ recognized under the Constitution of India, certain common properties such as rivers, seashores, forests and the air are held by the Government in trusteeship for the free and unimpeded use of the general public. The resources like air, sea, waters and the forests have such a great importance to the people as a whole, that it would be totally unjustified to make them a subject of private ownership. The State, as a custodian of the natural resources, has a duty to maintain them not merely for the benefit of the public, but for the best interest of flora and fauna, wildlife and so on.

Q1: Ms. G, a student of environmental science, has cultivated a butterfly garden which provides a favourable habitat for butterflies. Ms. G has cultivated the butterfly garden so that she could observe and study the different stages of development of butterflies such as egg, larvae, pupae, and adult. In the given situation, which of the following statements is correct?
(a) Ms. G’s approach to cultivation of butterfly garden is anthropocentric because it concerns the furtherance of her academic interest.
(b) Ms. G’s approach to cultivation of butterfly garden is anthropocentric because it concerns the conservation of environment.
(c) Ms. G’s approach to cultivation of butterfly garden is eco-centric because it concerns the provision a favourable habitat to the butterflies.
(d) Ms. G’s approach to cultivation of butterfly garden is eco-centric because it concerns the understanding of the different stages of development of butterflies.
Ans: (A)

Q2: Which of the following statements is correct?
(a) Anthropocentrism and eco-centrism are different approaches to achieving sustainable development.
(b) Anthropocentrism focuses on the promotion of non-human interests.
(c) Eco-centrism is concerned with the promotion of both human and non-human interests.
(d) Anthropocentrism and eco-centrism are different approaches to protection of environment and sustainable development.
Ans: (C)

Q3: Which of the following is the basis for the difference between anthropocentrism and eco-centrism?
(a) The inherent value placed on humans and non-humans.
(b) The inherent value placed on living things and non-living things.
(c) The relationship between human society and environment.
(d) The relationship between non-humans and environment.
Ans: (A)

Q4: Which of the following statements is correct regarding fundamental right to life under the Constitution of India?
(a) It creates a corresponding duty on human beings to protect and preserve non-humans.
(b) It creates a corresponding duty on non-humans to protect the right to life of human beings.
(c) It is inclusive of the right of human beings to utilize non-human resources to the best of their advantage.
(d) It is inclusive of the right of non-humans to utilize human resources to the best of their advantage.
Ans: (A)

Q5: Which of the following statements is incorrect according to the doctrine of ‘public trust’?
(a) Private ownership of forests is unwarranted.
(b) Forests are held by the State in a fiduciary capacity.
(c) State is obligated to maintain forests for their economic value.
(d) State is obligated to maintain forests in the interest of humans and non-humans.
Ans: (C)