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Comprehension
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.
Question: 1
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 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?
Updated On: Aug 1, 2024
- 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.
- 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.
- Mr. X's fundamental right to move freely throughout the territory of India is violated.
- Both (A) and (C).
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The Correct Option is B
Solution and Explanation
The correct option is (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..
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Question: 2
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 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?
Updated On: Aug 1, 2024
- 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.
- The act is not violative of the Constitution of India because it is a reasonable restriction in the interests of general public.
- The act is violative of the Constitution of India because it is restriction in the interest of students.
- The act is not violative of the Constitution of India because it is a reasonable restriction in the interest of morality.
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The Correct Option is B
Solution and Explanation
The correct option is (B): The act is not violative of the Constitution of India because it is a reasonable restriction in the interests of general public.
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Question: 3
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?
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?
Updated On: Aug 1, 2024
- It is a reasonable restriction on Mr. A's fundamental right of free movement throughout the territory of India.
- It is an unreasonable restriction on Mr. A's fundamental right of residence and settlement in any part of India.
- It is violative of Mr. A's fundamental right of free movement throughout the territory of India.
- It is an unreasonable restriction on Mr. A's fundamental right of free movement throughout the territory of India.
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The Correct Option is A
Solution and Explanation
The correct option is (A): It is a reasonable restriction on Mr. A's fundamental right of free movement throughout the territory of India.
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Question: 4
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?
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?
Updated On: Aug 7, 2024
- 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.
- 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.
- Mr. Z can challenge the letter on the ground that it is violative of the law relating to passports in India.
- 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.
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The Correct Option is D
Solution and Explanation
The correct option is (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.
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Question: 5
Which of the following statements is incorrect?
Which of the following statements is incorrect?
Updated On: Aug 1, 2024
- Fundamental right to movement and residence in any part of india are sacrosanct and are guaranteed to all citizens.
- Fundamental right to movement and residence in any part of india are sacrosanct, but are guaranteed subject to reasonable restrictions on such rights.
- Reasonable restrictions may be imposed, on fundamental rights to movement and residence in any part of india, by law.
- The constitutional validity of a law imposing reasonable restrictions on fundamental rights can be challenged by a citizen before the legislature.
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The Correct Option is D
Solution and Explanation
The correct option is (D): The constitutional validity of a law imposing reasonable restrictions on fundamental rights can be challenged by a citizen before the legislature.
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Top Questions on Fundamental Rights and Duties
- The Editors Guild of India has expressed concern over the “draconian provisions” of the Press and Registration of Periodicals (PRP) Bill, 2023, that can have an adverse impact on freedom of the press.
The Guild added: “Editors Guild of India would like the proposed bill to ensure that publishing of news in India remains free of encumbrances and intrusive checks on publishers by the Registrar, and that the primary emphasis of the Registrar and the PRP remains ‘registration’ and not ‘regulation’, as the latter has the potential of restricting freedom of the press.”
“In the definitions section, the term ‘specified authority’ gives power to government agencies beyond the Press Registrar, to conduct the functions of the Registrar, which could even include police and other law enforcement agencies. Given the intrusive, expansive, and vague nature of powers that the bill in any case allows to the Press Registrar, the power to further delegate this power to other government agencies including law enforcement agencies is deeply distressing,” the Guild said.
The statement says sections 4(1) and 11(4) allow the Registrar to deny the right to bring out a periodical and cancel the certificate of registration of a periodical to persons convicted of “terrorist act or unlawful activity” or “for having done anything against the security of the State”.
“Interestingly, the PRB Act, 1867, had no such provisions. Given the liberal and arbitrary use of UAPA (which is the basis for defining ‘terrorist act’ and ‘unlawful activity’), as well as other criminal laws, including sedition, against journalists and media organisations to suppress freedom of speech, the Guild is deeply concerned by the introduction of these new provisions, and the way they can be misused to deny the right to bring out news publications to persons who are critical of governments,” it said.
Among the other worrisome provisions listed by the Guild is Section 6(b), which gives power to the Press Registrar (as well as any other “specified authority”) to enter the premises of a periodical to “inspect or take copies of the relevant records or documents or ask any questions necessary for obtaining any information required to be furnished”
[Extracted, with edits and revisions from “Editors Guild of India expresses concern over draconian provisions of the Press and Registration of Periodicals Bills, 2023” published in The Telegraph dated 07-08-2023]- CLAT - 2024
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- To maintain the secular character of the Indian polity, not only does the Constitution of India guarantee freedom of religion to individuals and groups, but it is also against the general policy of the Constitution of India that any money be paid out of the public funds for promoting or maintaining any particular religion. Accordingly, it is provided in the Constitution of India that no person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination. This does not prohibit the State from enacting a law to incur expenses for the promotion or maintenance of any particular religion or religious denomination, but by such law, no person can be compelled to pay any tax, the proceeds of which are to be so utilized. This, however, does not invalidate levy of a fee to provide some service. Thus, a fee can be levied on pilgrims to a religious fair to meet the expenses of the measures taken to safeguard the health, safety and welfare of the pilgrims. Such fee levied by a State will be valid because the object of such contribution is not to foster or preserve religion, but to control secular administration of religious institutions.
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- Compassionate appointment is an exception to the general rule of appointment which is a way of providing employment to the family of the deceased employee on compassionate grounds. The objective is only to provide solace and succour to the family in difficult times and, thus, its relevancy is at that stage of time when the employee passes away. The mere death of an employee in harness does not entitle his family to such source of livelihood. The authority concerned has to examine the financial condition of the family of the deceased, and it is only if it is satisfied that, but for the provision of employment, the family will not be able to meet the crisis that the job is offered to the eligible member of the family. It was further asseverated in the said judgment that compassionate employment cannot be granted after a lapse of reasonable period as the consideration of such employment is not a vested right which can be exercised at any time in the future. It was further held that the object of compassionate appointment is to enable the family to get over the financial crisis that it faces at the time of the death of sole breadwinner. Thus, compassionate appointment cannot be claimed or offered after a significant lapse of time and after the crisis is over.
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- A survey was conducted about the population of a particular region having working population of three lacs and information was collected about self-employed persons, casual wage workers, regular salaries employees of both urban and rural areas of the region. Self-employment is a key source of income in both rural and urban areas but it is more prevalent in rural areas (56% of the rural population) than in urban areas (40% of the urban population). Rural population was 48% of the total population. Regular salaried workers in urban areas were 48% of the urban population whereas in rural areas, regular salaried workers constituted 12% of the rural population. During the survey, the casual wage workers were found to be more common in rural areas than in urban areas. Casual wage workers in rural areas were 32% of the rural population whereas it was 12% of the urban population in urban areas.
Based on the above information, answer the following questions- CLAT - 2024
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- Automobiles are the most preferred mode of transport because they allow us to cover large distance quickly. Resultantly, vehicles have been developed that run on diesel, petrol and even on electricity, which is a remarkable innovative development. During a survey about the percentage wise distribution of cars in four different states, the information regarding ratio between the diesel engine cars, petrol engine cars and electric cars was collected. Total number of cars for which data was collected was 8000. Of these, State 1 had 15% of the total cars in the ratio of 3:4:1 (diesel, petrol and electric); State 2 had 20% of the total cars in the ratio of 5:3:2 (diesel, petrol and electric); State 3 had 30% of the total cars in the ratio of 4:5:3 (diesel, petrol and electric), and; State 4 had 35% of the total cars in the ratio of 7:5:2 (diesel, petrol and electric).
Based on the above information, answer the following questions.- CLAT - 2024
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- In a world where aspirations for upward mobility are fervent, the opportunities for achieving such dreams remain limited. When one generation falls short, the mantle of ambition passes to the next, embedding within it a heavy burden of responsibility. Failing to meet these expectations can lead to profound sorrow, and in the direst cases, even to suicide. It’s in this landscape that coaching institutes assume a significant role, cultivating an atmosphere of uncertainty among students and parents. A stark discrepancy emerges between preparation for board examinations and competitive tests, amplifying the inequalities that plague the education system. The coaching industry’s massive marketing campaigns further exacerbate the situation, with some strategies veering into ethical grey areas. The tests themselves, designed to be more challenging than standardised exams, set the stage for feelings of inadequacy and self-doubt when not conquered. Our educational system is tailored to gauge an individual’s merit through examinations. Eminent thinker Michael J Sandel dubs this system the “tyranny of merit”, a sentiment echoed by the Supreme Court of India. Upholding the OBC reservation judgment, the Court called for a deeper evaluation of the “idea of merit”, highlighting its nuanced nature. Merit as a concept remains shrouded in misunderstanding and often goes unexamined within school curriculum. Adapting to new living arrangements, sourcing nourishing meals, battling isolation, and grappling with commutes form the backdrop against, which education unfolds. For marginalised communities and gender minorities, these hurdles are often amplified. Social media algorithms exacerbate mental health concerns, sowing loneliness and impeding attention spans and creativity. Technology emerges as a potential equaliser in this landscape. Online platforms now offer preparation opportunities from the comfort of one’s home. Government-curated or market-driven content could usher in a new era of accessibility.
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- Imagine you have just been appointed as a consultant for a manufacturing company that is experiencing a decline in its production efficiency. The company produces a wide range of products, and the management is concerned about the overall output. Your task is to identify the root causes of this decline and recommend solutions.
As you begin your investigation, you gather information and observe the following:
• The company recently introduced a new production system that is more automated but requires highly specialized operators.
• The workforce has reported a lack of motivation and job satisfaction, which has led to increased absenteeism.
• There have been several breakdowns in the new machinery, leading to production delays and quality issues.
• The company’s competitors have adopted similar automation technologies and are experiencing increased productivity.
• Customer complaints about product quality have increased in recent months.- CLAT - 2024
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- Students have been abuzz over how artificial intelligence tools can do their homework and programmers over how these can increase their productivity or take away their jobs. As much as digitization has transformed the country in recent years, there is a widespread feeling that at some point around the horizon, AI shall rejig everything in even more fundamental, fantastic, and frightening ways. This is why deciding how the coming changes should be regulated is very important. TRAI has made a strong case for an independent statutory authority to ensure the responsible development and use of AI in the country, a global agency along similar lines shall likely be pitched at the G20 leaders’ summit, and interestingly even American MNC Microsoft has floated a blueprint for AI governance in India. The great size and diversity of its “data points” make India of great interest to all developers of AI technologies.
But India is only at their receiving end, nowhere close to the US and China’s advances. Although lately, it is becoming obvious how much state censorship is encumbering China’s large language modeling, the country is still very much in the game with PhDs in fields related to AI, investments in AI chip hardware design, and domestic generative models like Wu Dao. The scientific accomplishments of India’s Chandrayaan mission have seen it being wooed for various international space collaborations. This promises spinoff technological benefits across Indian industry and is also geo-strategically useful. Likewise, it is only with sufficient AI prowess that India shall really get to play at the high table of global rulemaking for AI.
Knowing how much Indians’ future shall be shaped by generative AI needs matching efforts to create indigenous models. In this and at this stage, a proactive government role is key, rather than just waiting on some large corporation to do the needful. Missing this bus will after all be even more costly than missing the chip research one. Plus, GOI alone can push academia-industry collaborations with the necessary weight and urgency. This does not let other institutions off the hook. A US judge has rejected the copyright for an AI-generated artwork. Indian courts should start engaging with the broader issue of non-human agency rather than wait for precedence to be set elsewhere. Indian schools need to think beyond the ban-ChatGPT mindset. Let us lead instead of only being led.
[Extracted from “First, get the tech: Unless India develops domestic AI heft, it wouldn’t play any meaningful part in global regulatory efforts”, Times of India]- CLAT - 2024
- Verbal Reasoning
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