Passage Based Mock Questions on Legal Reasoning for CLAT 2020

Mock Questions on Legal Reasoning for CLAT 2020

 

Read the passage given below and answer the questions that follow-  ​​ ​​ ​​ ​​ ​​​​ 

Passage I

As we enter Aligarh, the town historically famous for the Aligarh Muslim University through its Chungi Gate, we find a number of tea stalls, or dhabas, that are sprawled all around the campus. Asad, a twelve year old, has been working at the Nazim Dhaba for the past two years. He manages to make around Rs. 100-120 per day.  His typical day starts at 10 am and it ends only at 11:30 pm. He reminisces about going to a government school. As he hastens to get back to work with three empty glasses in his hand, his eyes glow with the very thought of going back to school one day. Thirteen year old Mohammad works at the Ballo Dhaba. He easily figures out whether the customer would prefer a glass or a Kulhad (clay glass) to serve tea. Mohammad had to drop out of a government school. He too, like others, smiles at the very mention of the opportunity to study again.​​ 

 

Majority of them are willing to go to school if an opportunity is given. One of them even said that such an arrangement would be possible only if his employer would allow him to leave the dhaba. For Mohammad, education seems like a distant luxury when he thinks of the poverty that his family battles with.​​ 

 

Article 21-A of the Indian Constitution states that a child should be given free education until the age of 12. However, ground realities of the state of education are grim. The situation of government schools in Aligarh is very poor. The state has drafted many schemes but they find little implementation. Education schemes were not advertised and it was no wonder that most of the children did not even know of any such scheme they could avail of. 

During this small survey, it was observed that most of the dhaba establishments were not complying with the rules and regulations under the Child Labour (Prohibition and Regulation) Act, 1986 (CLPR Act). Section 2B ​​ of the Act clearly states that school hours should not be compromised even if a child is working to help the family.​​ A nationwide study by V V Giri National Labour Institute of the CLPR Act observed that in Uttar Pradesh most of the accused were acquitted under the Act due to lack of documents related to the child.

The concerned State government should also ensure the implementation of National Child Labour Project (NCLP) effectively. Under this project, the main object is to rescue​​ the children in the age group of 9-14 years from being pushed to work.​​ The State of Uttar Pradesh has been granted Rupees 1420.72 lakhs under this scheme.​​ 

 

Child labour is not only about the child being forced to work, but also the child is being deprived of basic education which is guaranteed by the Constitution itself. Inspectors should ensure that such employers are maintaining the registers and relaxation for schools hours is being given.  The local authorities should also give priority to government schools. Most children were unaware about such schemes, policies, even the concept of mid-day meals. 

Extracted with edits from​​ https://theleaflet.in/aligarhs-dhaba-culture-is-normalising-child-labour-right-to-education-and-child-labour-laws/​​  by​​ The​​ Leaflet,​​ July​​ 2020​​ ​​ ​​  ​​​​  ​​​​ 

1.​​ The given passage​​ discusses the issues of-​​ 

(a)​​ child labour​​ ​​ ​​ 

(b)​​ right to education​​ ​​ ​​ ​​ 

(c)​​ both (a) and (b)​​ 

(d) None of the above​​ 

 

2.​​ The given passage suggests that children who are compelled to earn money​​ for their family​​ by working at a small age​​ lose interest in completing their education.​​ This inference is-​​ ​​ ​​ ​​ ​​ ​​ ​​  ​​​​ ​​ ​​ ​​ ​​ ​​ ​​ 

(a)​​ Correct​​ 

(b)​​ Incorrect​​ ​​ 

(c)​​ Partly Correct​​ 

(d) Can’t say​​ ​​ ​​ 

 

3.​​ The given passage suggests that​​ a better implementation of right to education can be ensured by-​​ 

(a)​​ framing more schemes relating to education​​ 

(b)​​ building more government schools​​ ​​ ​​ ​​ ​​ ​​ 

(c)​​ giving control of private schools to State government​​ 

(d)​​ spreading awareness about existing educational schemes​​ ​​ ​​ 

 

4.​​ The words “concerned State government” used in the passage refer to the State of-​​ ​​ ​​ ​​ ​​ ​​ 

(a)​​ Uttar Pradesh

(b)​​ Andhra Pradesh

(c)​​ Madhya Pradesh

(d)​​ Can’t say​​ 

 

5.​​ Ramesh, the owner of a small Dhabha/eatery, is prosecuted for violation of Child Labour (Prohibition and Regulation) Act, 1986​​ for the reason that he employs children in his Dhabha and makes them work for 12 hours a day leaving them no time for study.​​ In defence, Ramesh argues​​ that the children work​​ throughout the day to earn maximum​​ daily wages for their family and have therefore​​ voluntarily given up going to school.​​ Is Ramesh’s defence valid?​​ ​​ ​​ ​​ ​​ ​​ ​​ ​​ 

(a)​​ Yes ​​ 

(b)​​ No​​ 

(c)​​ Can’t say​​ 

(d)​​ None of the above  ​​ ​​ ​​ ​​ ​​ ​​ ​​ ​​​​  ​​ ​​ ​​ ​​​​ 

 

Passage II​​ 

On the occasion of World Population Day recently, we witnessed the all too familiar chorus of demands for a population control law. Unfortunately, most of these demands involve making the two-child norm compulsory such that a wide gamut of individual rights and benefits can be denied in case of non-compliance, thus allowing for unreasonable state interference in the private sphere.​​  

 

Not long before, in February, Shiv Sena MP Anil Desai introduced a private member’s bill which proposes to insert Article 47A into the Constitution as follows: “The State shall promote small family norms by offering incentives in taxes, employment, education, etc., to people who keep their family limited to two children and shall withdraw every concession from and deprive such incentives to those not adhering to small family norms, to keep the growing population under control.” The insertion of Article 47A had also been recommended in 2002 by the National Commission to Review the Working of the Constitution (NCRWC).​​ 

 

The demands for a population control law are based on Entry 20-A in the Concurrent List of the Seventh Schedule to the Constitution of India, inserted through the 42nd constitutional amendment in 1976, which permits both union and state legislatures to enact laws on population control and family planning matters.​​ 

 

The two-child norm was first tested before the Supreme Court in the 2003 case of Javed vs State of Haryana​​ which involved a challenge to Section 175(1) of the Haryana Panchayati Raj Act, 1994.​​ A three-judge bench of the SC upheld the law, saying that the classification created by it was “founded on intelligible differentia” and based on the objective of controlling population growth.​​ This precedent provides fertile ground for the government to further entrench the two-child norm by making it compulsory for all citizens and imposing a range of penalties on those who do not comply, as has been proposed on numerous occasions.​​ 

 

In order to curb such attempts, the SC must revisit its earlier position on the two-child norm, especially in light of the 2017 case of Justice KS Puttaswamy vs.​​ Union of India. The Puttaswamy judgment recognised the right to privacy as a fundamental right under Article 21 of the Constitution and defined privacy to include personal autonomy relating to the body, and by extension, the right to reproductive choices. It further held that any State action which interferes with the right of privacy must meet the threefold​​ requirement of (i) legality; (ii) the need for a legitimate aim; and (iii) proportionality.​​ Admittedly, unbridled population growth must not go unchecked but restrictions like the two-child norm interfere with the free exercise of the right to privacy and don’t adequately satisfy the three-pronged privacy test since less coercive measures like promotion of contraceptive use, access to abortions, reduction in infant mortality rate, eradication of child marriage, promotion of female literacy and empowerment can be implemented to achieve the same ends.​​ 

Extracted with edits from:​​ https://theleaflet.in/supreme-court-must-revisit-its-earlier-position-on-the-legitimacy-of-the-two-child-norm/​​  by​​ The​​ Leaflet,​​ July​​ 2020​​ ​​ ​​  ​​​​  ​​​​ 

1.​​ The​​ World Population Day is observed​​ annually​​ on-​​ ​​ 

(a)​​ July 9​​ 

(b)​​ July 10​​ ​​ ​​ ​​ 

(c)​​ July 11​​ ​​ ​​ ​​ 

(d)​​ June 11​​ ​​ 

2.​​ A private member’s bill is introduced by-​​ ​​ ​​ 

(a)​​ a person who is not a member of parliament​​ 

(b)​​ a person who is a member of parliament and also a minister in the Union Cabinet​​ 

(c)​​ a person who is a member of parliament but not a minister in the Union Cabinet​​ 

(d)​​ None of the above​​ 

 

3.​​ A private member bill can be introduced in the Parliament-​​ 

(a)​​ only before the Lok Sabha​​ 

(b)​​ only before the Rajya Sabha​​ ​​ 

(c)​​ either​​ Lok Sabha or Rajya Sabha​​ 

(d)​​ None of the above​​ 

 

4.​​ In respect of the matters listed in the Concurrent list contained under 7th​​ Schedule to the Constitution of India, the power of lawmaking is available to-​​ ​​ 

(a)​​ only the Parliament and not State legislatures​​ 

(b)​​ only to State legislatures and not the Parliament​​ 

(c) to both Parliament and State legislatures​​ 

(d)​​ None of the above​​ 

 

5.​​ Article 141 of the Constitution of India states that judgments of Supreme Court are binding on all Indian courts subordinate to it.​​ From the given passage, it can be inferred that judgments of Supreme Court are-​​ 

(a)​​ binding on the Supreme Court also

(b)​​ not binding on the Supreme Court​​ 

(c)​​ binding on the​​ Supreme Court if it so declares​​ ​​ 

(d)​​ Can’t say​​ ​​ 

 

Answer key with explanations

Passage I

Question 1 - Option (c) is the correct answer.

Explanation​​ ​​ A reading of the given passage indicates that​​ option (c) is correct.​​ 

 

Question 2 - Option (b) is the correct answer.​​ 

Explanation​​ ​​ The line​​ Majority of them are willing to go to school if an opportunity is given”​​ indicates that option (b) is correct.​​ 

 

Question 3 - Option​​ (d) is the correct answer.​​ 

Explanation​​ ​​ The given passage states that schemes have been formulated but not advertised sufficiently hence option (d) is correct.​​ ​​ 

 

Question 4 – Option (a) is the correct answer.​​ 

Explanation​​ ​​ The​​ city of Aligarh is located in State of Uttar Pradesh and the passage also uses the line “The State of Uttar Pradesh has been granted....” hence option (a) is correct.​​ 

 

Question 5​​ ​​ Option (b) is the correct answer.​​ 

Explanation –​​ Ramesh is in violation of section 2B of the Act which states that studies should not get compromised even if a child is working for the​​ family hence option (b) is correct.​​ 

 

Passage II

Question 1 - Option (c) is the correct answer.

Explanation​​ ​​ World Population Day is observed on July 11 each year hence option (c) is correct.

 

Question 2 - Option​​ (c) is the correct answer.​​ 

Explanation​​ ​​ The term “private member” is used for a person who is a member of parliament but not a minister in the Union Cabinet hence option (c) is correct.​​ 

 

Question 3 - Option (c) is the correct answer.​​ 

Explanation​​ ​​ A private member bill can be introduced either before Lok Sabha or Rajya Sabha hence option (c) is correct.

 

Question 4 – Option (c) is the correct answer.​​ 

Explanation –​​ In respect of matters contained in the Concurrent list, the power of lawmaking is available to both the Parliament and the State legislatures.​​ 

 

Question 5​​ ​​ Option (b) is the correct answer.​​ 

Explanation​​ ​​ The​​ passage​​ highlights the need for Supreme Court to re-visit an earlier judgment given by it which implies that Supreme Court’s judgments are not binding on it.​​ 

 

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