Legal Comprehension and Practice Questions for CLAT

Legal Comprehension and Practice Questions for CLAT

Passage 1

Source: (https://indiankanoon.org/doc/168671544/)

It has to be borne in mind that search for identity as a basic human ideal has reigned the mind of every individual in many a sphere like success, fame, economic prowess, political assertion, celebrity status and social superiority, etc. But search for identity, in order to have apposite space in law, sans stigmas and sans fear has to have the freedom of expression about his/her being which is keenly associated with the constitutional concept of identity with dignity. When we talk about identity from the constitutional spectrum, it cannot be pigeon-holed singularly to one‘s orientation that may be associated with his/her birth and the feelings he/she develops when he/she grows up. Such a narrow perception may initially sound to​​ sub serve​​ the purpose of justice but on a studied scrutiny, it is soon realized that the limited recognition keeps the individual choice at bay. The question that is required to be posed here is whether sexual orientation alone is to be protected or both orientation and choice are to be accepted as long as the exercise of these rights by an individual do not affect another‘s choice or, to put it succinctly, has the consent of the other where dignity of both is maintained and privacy, as a seminal facet of Article 21, is not dented. At the core of the concept of identity lies self-determination, realization of one‘s own abilities visualizing the opportunities and rejection of external views with a clear conscience that is in accord with constitutional norms and values or principles​​ that are, to put in a capsule, constitutionally permissible. As long as it is lawful, one is entitled to determine and follow his/her pattern of life. And that is where the distinction between constitutional morality and social morality or ethicality assumes a distinguished podium, a different objective.​​ The determination of order of nature is not a constant phenomenon. Social morality also changes from age to age. The law copes with life and accordingly change takes place. The morality that public perceives, the Constitution may not conceive of. The individual autonomy and also individual orientation cannot be atrophied unless the restriction is regarded as reasonable to yield to the morality of the Constitution. What is natural to one may not be natural to the other but the said natural orientation and choice cannot be allowed to cross the boundaries of law and as the confines of law cannot tamper or curtail the inherent right embedded in an individual under Article 21 of the Constitution. A section of people or individuals who exercise their choice should never remain in a state of fear. When we say so, we may not be understood to have stated that there should not be fear of law because fear of law builds civilised society. But that law must have the acceptability of the Constitutional parameters. That is the litmus test.

Questions

  • Is there a possibility to make a fixed and same law for the entire country?

  • Yes, as law treats everyone equally

  • Yes, as law of the land shall remain same everywhere

  • No, as India has a diversified culture

  • No, as the society keeps on changing

Ans. d

Rationale:​​ The determination of order of nature is not a constant phenomenon. Social morality also changes from age to age. The law copes with life and accordingly change takes place.

  • Is it true that a person according the Constitution should be set free without any fears whatsoever?

  • Yes, a person should be free to act according to his will

  • No, reasonable fears should be attached with the individual freedom according to the constitutional parameters

  • Yes, a person has freedom of speech and expression without any restrictions

  • No, as the government should restrict the actions of its people

Ans. b

Rationale:​​ A section of people or individuals who exercise their choice should never remain in a state of fear. When we say so, we may not be understood to have stated that there should not be fear of law because fear of law builds civilised society. But that law must have the acceptability of the Constitutional parameters.

  • Decide whether the following statement is correct or incorrect-‘Constitutional and public morality always go hand in hand’

  • Correct

  • Incorrect​​ 

  • Both a and b

  • None of the above

Ans.​​ b

Rationale:​​ The morality that public perceives, the Constitution may not conceive of.

  • How identity has been defined in constitutional terms?

  • One which is gained with birth

  • One which is beyond one’s birth

  • One which is associated with one’s orientation

  • One which is developed as one grows

Ans. b

Rationale: When we talk about identity from the constitutional spectrum, it cannot be pigeon-holed singularly to one‘s orientation that may be associated with his/her birth and the feelings he/she develops when he/she grows up. Such a narrow perception may initially sound to sub serve the purpose of justice but on a studied scrutiny, it is soon realized that the limited recognition keeps the individual choice at bay.

  • Which of the following Article of the Constitution guarantees right to life with dignity and privacy?

  • 21

  • 20

  • 19

  • 14

Ans. a

Rationale:​​ Article 21 of the Constitution guarantees right to life with dignity and privacy.

Passage 2

Source: (https://indiankanoon.org/doc/168671544/)

The concept of transformative constitutionalism has at its kernel a pledge, promise and thirst to transform the Indian society so as to embrace therein, in letter and spirit, the ideals of justice, liberty, equality and fraternity as set out in the Preamble to our Constitution. The expression​​ transformative​​ constitutionalism’ can​​ be best understood by embracing a pragmatic lens which will help in recognizing the realities of the current day. Transformation as a singular term is diametrically opposed to something which is static and​​ stagnant;​​ rather it signifies change, alteration and the ability to metamorphose. Thus, the concept of transformative constitutionalism, which is an actuality with regard to all Constitutions and particularly so with regard to the Indian Constitution, is, as a matter of fact, the ability of the Constitution to adapt and transform with the changing needs of the times. It is this ability of a Constitution to transform which gives it the character of a living and organic document. A Constitution continuously shapes the lives of citizens in particular and societies in general. Its exposition and energetic appreciation by constitutional courts constitute the lifeblood of progressive societies. The Constitution would become a stale and dead testament without dynamic, vibrant and pragmatic interpretation. Constitutional provisions have to be construed and developed in such a manner that their real intent and existence percolates to all segments of the society. That is the raison​​ d’être​​ for the Constitution. The Supreme Court as well as other constitutional courts​​ has​​ time and again realized that in a society undergoing fast social and economic change, static judicial interpretation of the Constitution would stultify the spirit of the Constitution. Accordingly, the constitutional courts, while viewing the Constitution as a transformative document, have ardently fulfilled their obligation to act as the sentinel on qui vive for guarding the rights of all individuals irrespective of their sex, choice and sexual orientation.​​ The achievement of equality is one of the fundamental goals that we have fashioned for ourselves in the Constitution. Our constitutional order is committed to the transformation of our society from a grossly unequal society to one "in which there is equality between men and women and people of all races". In this fundamental way, our Constitution differs from other constitutions which assume that all are equal and in so doing simply entrench existing inequalities. Our Constitution recognises that decades of systematic racial discrimination entrenched by the apartheid legal order cannot be eliminated without positive action being taken to achieve that result. We are required to do more than that. The effects of discrimination may continue indefinitely unless there is a commitment to end it.

Questions

  • What does constitutional transformation refer to?

  • Change of Constitution according to the needs of the people

  • Ability of the Constitution to adapt according to changing needs of the time

  • Transforming according to the changing political scenarios

  • Adaptation of the changing cultures and societal concepts of morality

Ans. b

Rationale:​​ the concept of transformative constitutionalism, which is an actuality with regard to all Constitutions and particularly so with regard to the Indian Constitution, is, as a matter of fact, the ability of the Constitution to adapt and transform with the changing needs of the times.

  • The preamble of India enshrines which of the following rights and in which sequence?

  • Justice, equality, liberty and fraternity

  • Justice, liberty, equality and fraternity

  • Equality, fraternity, justice and liberty

  • Equality, justice, liberty and fraternity

Ans. b

Rationale:​​ The concept of transformative constitutionalism has at its kernel a pledge, promise and thirst to transform the Indian society so as to embrace therein, in letter and spirit, the ideals of justice, liberty, equality and fraternity as set out in the Preamble to our Constitution.

  • Which one of the following goals​​ has​​ been fashioned by people in the Constitution?

  • Equality between men and women

  • Equality among all races

  • Both a and b

  • None of the above

Ans. c

Rationale:​​ The achievement of equality is one of the fundamental goals that we have fashioned for ourselves in the Constitution. Our constitutional order is committed to the transformation of our society from a grossly unequal society to one "in which there is equality between men and women and people of all races".

  • What do you understand by the term qui vive?

  • lethargic

  • sensitive

  • alert

  • sceptical

Ans. c

Rationale:​​ the constitutional courts, while viewing the Constitution as a transformative document, have ardently fulfilled their obligation to act as the sentinel on qui vive for guarding the rights of all individuals irrespective of their sex, choice and sexual orientation. The term qui vive means to be alert.​​ 

  • What do you understand by the term ‘raison d’être’?

  • Most important reason for someone’s existence

  • Least important reason for someone’s existence

  • Dynamic reason for someone’s existence

  • None of the above

Ans. a

Rationale: the term ‘raison d’être’ means the most important reason for someone’s or something’s existence.

 

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