Select Goal &
City
Select Goal
Explore
Comprehension
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.
Question: 1
In light of the given passage, which of the following statements is correct?
In light of the given passage, which of the following statements is correct?
Updated On: Jul 9, 2024
- Monism and Dualism are similar approaches to adopt international law into domestic law.
- Dualism postulates the homogeneousness of domestic law and international law.
- Monism and Dualism are different approaches to understand how domestic law impacts international law.
- Monism postulates the homogeneousness of international law and domestic law.
Hide Solution
Verified By Collegedunia
The Correct Option is D
Solution and Explanation
The correct option is (D): Monism postulates the homogeneousness of international law and domestic law.
Was this answer helpful?
0
0
Question: 2
'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?
'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?
Updated On: Jul 9, 2024
- 'X' is a monist State and 'Y' is a dualist State.
- 'X' is a dualist State and 'Y' is a monist State.
- 'X' and 'Y' are both monist States.
- 'X' and 'Y' are both dualist States.
Hide Solution
Verified By Collegedunia
The Correct Option is B
Solution and Explanation
The correct option is (B): 'X' is a dualist State and 'Y' is a monist State.
Was this answer helpful?
0
0
Question: 3
'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?
'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?
Updated On: Jul 9, 2024
- 'D' may adopt the provisions of the TRIPS Agreement without enacting a new domestic legislation or amending an existing legislation.
- 'D' may not incorporate the provisions of the TRIPS Agreement into a new domestic legislation.
- 'D' must incorporate the provisions of the TRIPS Agreement into an existing domestic legislation or in a new domestic legislation.
- 'D' may not incorporate the provisions of the TRIPS Agreement into an existing domestic legislation.
Hide Solution
Verified By Collegedunia
The Correct Option is C
Solution and Explanation
The correct option is (C): 'D' must incorporate the provisions of the TRIPS Agreement into an existing domestic legislation or in a new domestic legislation.
Was this answer helpful?
0
0
Question: 4
Which of the following statements is incorrect?
Which of the following statements is incorrect?
Updated On: Jul 9, 2024
- According to monism, the nature of domestic law and international law is the same and domestic law is subordinate to international law.
- According to monism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.
- According to dualism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.
- According to dualism, the nature of domestic law and international law is different and domestic law is not subordinate to international law.
Hide Solution
Verified By Collegedunia
The Correct Option is C
Solution and Explanation
The correct option is (C): According to dualism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.
Was this answer helpful?
0
0
Question: 5
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?
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?
Updated On: Jul 9, 2024
- If 'X' is a monist State, Mr. A can be punished for committing an offence under the Convention.
- If 'X' is a dualist State, Mr. A can be punished for committing an offence under the Convention.
- If 'X' is a dualist State, Mr. A cannot be punished for committing an offence under the Convention.
- Mr. A cannot be punished for committing an offence under the Convention irrespective of whether 'X' is a monist or a dualist State.
Hide Solution
Verified By Collegedunia
The Correct Option is D
Solution and Explanation
The correct option is (D): Mr. A cannot be punished for committing an offence under the Convention irrespective of whether 'X' is a monist or a dualist State.
Was this answer helpful?
0
0
Top Questions on Judiciary
- The Indian legal system places a significant emphasis on protecting the rights and welfare of children. The Juvenile Justice (Care and Protection of Children) Act, 2015, is a vital piece of legislation in this regard. It is designed to ensure that children in conflict with the law receive special care, protection, and treatment, with the ultimate goal of their rehabilitation and reintegration into society.
One of the key provisions of the Act is the establishment of Juvenile Justice Boards (JJBs) at the district level. These boards consist of a Metropolitan Magistrate or Judicial Magistrate of the first class and two social workers, at least one of whom should be a woman. The primary function of the JJB is to determine the age of the juvenile, the circumstances in which the offense was committed, and whether the juvenile should be sent to a special home or released on probation.
The Act makes a clear distinction between a “child in conflict with the law” and a “child in need of care and protection.” A child in conflict with the law is one who has committed an offense, while a child in need of care and protection is a child who is vulnerable or at risk and requires special care and support.
The Act introduces a unique approach to dealing with children who are in conflict with the law. For children between the ages of 16 and 18, who have committed heinous offenses, they can be tried as adults, subject to a preliminary assessment by the Juvenile Justice Board. This assessment considers the child’s mental and physical capacity to commit such an offense. If the board determines that the child should be tried as an adult, the case is transferred to the regular criminal courts.
The Act also places restrictions on the publication of information that could lead to the identification of a juvenile offender. This is done to protect the privacy and future prospects of the child. - Free legal aid is the provision of free legal services in civil and criminal matters for those poor and marginalised people who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any Court, Tribunal or Authority. These services are governed by the Legal Services Authority Act, 1987 (the “Act”) and provided by the National Legal Services Authority (“NALSA”).
Provision of free legal aid includes:
• Representation by an advocate in legal proceedings;
• Payment of process fees, expenses of witnesses and all other charges payable or incurred in connection with any legal proceedings in appropriate cases;
• Preparation of pleadings, memo of appeal, paper book including printing and translation of documents in legal proceedings;
• Drafting of legal documents, special leave petition etc.; and
• Supply of certified copies of judgments, orders, notes of evidence and other documents in legal proceedings.
Free legal aid also includes provision of aid and advice to the beneficiaries to access benefits under welfare statutes and schemes framed by the Central Government or the state governments and to ensure access to justice in any other manner. Free legal aid is not confined to cases before the subordinate courts.
Free legal aid must be provided to the needy from the lowest court to the Supreme Court of India.
According to Section 13(1) of the Act, any individual who satisfies any criteria under Section 12 is entitled to receive free legal aid, provided that NALSA is satisfied that such person has a genuine case to prosecute or defend the matter. There is hence no bar as to which kind of cases one can apply and not apply for. Section 12 of the Act includesthe following:
• a member of a Scheduled Caste or Scheduled Tribe;
• a woman or a child;
• a person with a disability;
• an industrial workman; or
• a person in police custody.
[Extracted, with edits and revisions, from “FAQs”, National Legal Services Authority] - Who among the following jurists has divided the formal sources and material sources?
- In which of the following case, the Supreme Court has held that the states cannot be directed to publish charge sheet and final reports on state's websites for public access?
- Which of the following Section of Juvenile Justice Act, 2015 provides that where an offence under the Juvenile Justice (Care and Protection of Children) Act, 2015 is punishable with imprisonment for a term more than seven years, then such offence shall be cognizable and non bailable.
View More Questions
Questions Asked in CLAT exam
- 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
- Percentage
- 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
- Percentage
- 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.
- CLAT - 2024
- Verbal Reasoning
- 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
- Verbal Reasoning
- 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
View More Questions
SUBSCRIBE TO OUR NEWS LETTER
COLLEGE NOTIFICATIONSEXAM NOTIFICATIONSNEWS UPDATES
Download the Collegedunia app on 
© 2024 Collegedunia Web Pvt. Ltd. All Rights Reserved