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Reason (R): the fundamental rights in Part III of the constitution have been superseded by the Directive Principles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
Read to know All About CLAT 2020
Read our previous post on offences against property under ipc here.
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Read our post on the Landmark Judgements of 2019-2020.