Practice Questions on Legal Reasoning for CLAT 2020

Practice Questions on Legal Reasoning for CLAT 2020

• As per Article 19(1)(a) of the​​ Constitution​​ of India all citizens shall have right to

• Freedom of speech and expression

• Equality before law

• Protection with respect to conviction under ex-post-facto laws

• Protection of life and liberty

Ans. a

Rationale: Article 19 states that all citizens shall have the right

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

(c) to form associations or unions;

(d) to move freely throughout the territory of India;

(e) to reside and settle in any part of the territory of India; and

(f) omitted

(g) to practise any profession, or to carry on any occupation, trade or business

• Which one among the following is not a ground to restrict freedom of speech

• Public order

• Law and order

• Morality and decency

• Friendly relation with foreign country

Ans. b

Rationale: Article 19(2) states that Nothing in​​ clause ( 1 ) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence

• The freedom of Press in India is

• Available to the people under the laws of the Parliament

• Specifically provided in the Constitution of India

• Implied in the right of freedom of expression

• Available to the people under executive orders

Ans. c

Rationale:​​ freedom of speech and expression includes freedom of press

• Assertion (A): The Directive Principle of State Policy contained in the constitution of India are relevant in determining the limits of reasonable restrictions laid down in Article 19 dealing with the fundamental rights to freedom

Reason (R): the fundamental rights in Part III of the constitution have been superseded by the Directive Principles

• Both A and R are true and R is the correct explanation of A

• Both A and R are true and R is not the correct explanation of A

• A is true but R is false

• A is false but R is true

Ans. c

Rationale: fundamental rights and directive principles are given a harmonious construction and none supersedes each other

• What is provided in the provision of Article 20(2)

• Ex post facto

• Double jeopardy

• Self conviction

• None of the above

Ans. b

Rationale: Article 20(2) provides that no person shall be prosecuted and punished for the same offence more than once

• That ‘no person accused of an offence shall be compelled to be a witness against himself’ is an:

• Directive principle which state should apply while enacting criminal laws

• Human right under the Universal Declaration of Human Rights to which India is a party

• Fundamental right

• Ordinary Constitutional right

Ans. c

Rationale: fundamental right under Article 20(3) provides that no person accused of any offence shall be compelled to be a witness against himself

• Assertion (A): an accused person cannot be compelled to give his thumb impression​​ 

Reason (R): an accused person cannot be compelled to be a witness against himself

• Both A and R are true

• Both A and R are false

• A is false but R is true

• A is true but R is false

Ans. c

Rationale: an accused person can be compelled to give his thumb impression of the legal documents required for his conviction or otherwise in the course proceedings and in the interest of justice

• The protection of Article 20(3) is not available to​​ 

• Confession of guilt made to a friend who visits the accused who is in police custody

• Confession made through intelligible gestures under compulsion

• Confession made through the production of document or thing under compulsion

• Confession of guilt made in police custody by words

Ans. a

Rationale: fundamental right under Article 20(3) provides that no person accused of any offence shall be compelled to be a witness against himself. Thus when accused confesses to his friend he is under no compulsion

• Right against self incrimination includes

• Right not to give specimen signature

• Right to maintain absolute silence

• Right not to answer question exposing oneself to confession

• Right to answer questions of one’s own choice

Ans. c

Rationale: Right against self incrimination includes​​ right not to answer question exposing oneself to confession i.e. that no person accused of any offence shall be compelled to be a witness against himself.

• ​​ Which of the following se is said to be the Golden Triangle of Indian Constitution?

• Articles 14,15 and 16

• Articles 20, 21 and 22

• Articles 14, 19 and 21

• Preamble, Fundamental right and Directive principles

Ans. c

Rationale: right to equality, freedom of to six rights and right to life and liberty is considered as golden triangle of the Constitution

• ​​ Ban on smoking in public place is a violation of which one of following articles of the constitution??

• Article 14

• Article 20

• Article 21

• Article 25

Ans. c

Rationale: right to life and liberty includes right to life of other along with one’s own thus no one can disturb the freedom of right to life by polluting air through smoke

• ​​ On proclamation of emergency under Article 352 the President has power to suspend the fundamental rights except the rights secured by

• Article 19 and 20

• Article 20 and 21

• Article 21 and 22

• Article 19, 20 and 21

Ans. b

Rationale: during the proclamation of emergency under Article 352, freedom granted under Article 20 and 21cannot be suspended

• Which provision of the Constitution spells out ‘right to clean environment’ as a fundamental right?

• Article 14

• Article 19

• Article 21

• Article 22

Ans. c

Rationale: freedom to life and liberty includes right to clean environment

• ​​ Fair trial in a criminal case is guaranteed in the Constitution of India by Article

• 14

• 20

• 19

• 21

Ans. d

Rationale:​​ the right to get a fair trial is a​​ basic fundamental/human right. The person​​ has a right to defend himself as a part of his human as also fundamental right as enshrined under Article 21 of the Constitution of India.

• ​​ Which one of the following is not included in Article 21 of the Constitution of India?

• Right to die

• Right to life

• Right to livelihood

• Right to dignity

Ans. a

Rationale: right to die is not included in the right to life and liberty