Solved Paper of CLAT LLM Entrance Test, 2019

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1. The minimum number of judges of the Supreme Court who are to sit to decide any case involving a substantial question of law as to the interpretation of the Constitution shall be:

A. Three

B. Five

C. Seven

D. Nine

Correct Answer: B

2. Which of the following duties was inserted by way of an amendment in 2002?

A. To uphold and protect the sovereignty, unity and integrity of India.

B. To value and preserve the rich heritage of our composite culture.

C. To safeguard public property and abjure violence.

D. Who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

 

Correct Answer: D

3. The parliament of India consists of:

A. two houses of parliament

B. President and two houses of parliament

C. President, Prime Minister and two Houses of Parliament.

D. President, Vice President and two Houses of Parliament

 

Correct Answer: B

 

4. The Goods and Services Tax Council shall make recommendations to the Union and the States on a number of issues. Special Provisions to how many states the Council can make recommendations?

A. Six

B. Eight

C. Eleven

D. thirteen

 

Correct Answer: C

 

5. How many High Courts are there in India?

A. 21

B. 22

C. 23

D. 24

 

Correct Answer: Cancelled Question

Correct Answer: 25

 

6. What is the total strength of the Supreme Court including the Chief Justice of India?

A. 27

B. 29

C. 31

D. 32

 

Correct Answer: C, Current: 34, Supreme Court (Number of Judges) Amendment Bill, 2019

 

7. The Chief Justice of India who passed away while in office was:

A. Justice A.N. Ray

B. Justice Sabayasachi Mukharji

C. Justice J.S. Verma

D. Justice E.S. Venkataramaiah

 

Correct Answer: B

 

8. Every promise and every set of promises forming the consideration for each other is known

A. Consideration

B. Agreement

C. Contract

D. Reciprocal Promises

 

Correct Answer: B, S/2(e)

 

9. The correct sequence in the formation of a contract is

A. Offer, acceptance, agreement, consideration

B. Agreement, Consideration, offer, acceptance

C. Offer, consideration, acceptance, agreement

D. Offer, acceptance, consideration, agreement

 

Correct Answer: D

 

10. Match List-I with List-II and select the correct answer using the codes given below the lists

List – I

List – II

a. Mohiri Bibi Case

1. Remoteness of damage

b. Satyabrata Ghose Case

2. Frustration of Contract

c. Hadley v. Baxendale

3. Invitation to treat

d. Carlill v. carbolic

4. Minor’s contract

Codes:

      a  b  c  d

A.  4  2  1  3

B.  2  3  1  4

C.  4  1  2  3

D.  1  2  3  4

 

Correct Answer:  A

 

11. Acceptance sent through post:

A. can be revoked at any time.

B. cannot be revoked at all

C. can be revoked before it comes to the knowledge of the offeror

D. can be revoked only if it does not reach the offeror

 

Correct Answer: C

 

12. CEDAW was adopted by the U.N. General Assembly in the year:

A. 1979

B. 1989

C. 1999

D. 2009

 

Correct Answer: A

 

13. Human Rights Treaty Bodies:

A. Draft human rights treaties

B. Negotiate human rights treaties

C. Monitor human rights treaties

D. Amend human rights treaties

 

Correct Answer: C

 

14. The following committee cannot hear individual complaints of human rights violations:

A. Committee that monitors ICCPR

B. Committee that monitors human rights bodies.

C. Committee on the Elimination of Racial Discrimination

D. Committee on torture

 

Correct Answer: B

 

15. Section ____ of the Copyright Act grants an author “special rights”, which exist independently of the author’s copyright, and subsists even after the assignment (whole or partial) of the said copyright.

A. 77

B. 66

C. 57

D. 87

 

Correct Answer: C, Author’s special right

 

16. The Amendment to the Patents Act stated that “computer programs per se” is not an “invention”. Raising a debate whether as computer program (“CP”) with any additional features such as technical features, would be patentable.

A.2000

B.1999

C.2001

D.2002

 

Correct  Answer: D

 

17. If any dispute arises regarding publication of work, ____ will be the final authority to decide the same

A. Copyright Board

B. Patent Board

C. Appropriate government

D. None of the above

 

Correct Answer: A

 

18. What are the types of inventions which are no patentable in India?

A. invention which is frivolous or which claims anything obviously contrary to well established natural laws;

B. an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment;

C. the mere discovery of scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature

D. All the above

 

Correct Answer: D

 

19. For H.L.A. Hart, the ‘open texture of law’ means that the regulation of areas of conduct must be left to be developed by:

A. Law teachers

B. Courts

C. Legislature

D. People at large

 

Correct Answer: B

 

20. According to Immanuel Kant rational formal knowledge is:

A. material knowledge

B. concerned with some object

C. concerned with the form of understanding and reasons themselves.

D. a misnomer

 

Correct Answer: C

 

21. Austinian notion of ‘positive morality’ is:

A. a priori

B. socially constructed

C. religiously constructed

D. law strictly so called

 

Correct Answer: B

 

22. For Roscoe Pound ‘jural postulates’ are to be discovered:

A. in the law itself

B. outside the law

C. in the juristic thought

D. in all of the above

 

Correct Answer: A

 

23. According to John Austin, the relationship between the sovereign and political independent society is:

A. Symmetrical

B. Asymmetrical

C. Elliptical

D. Relative

 

Correct Answer: C

 

24. John Rawl’s concept of Justice is a:

A. Legal Concept

B. Political Concept

C. Sociological Concept

D. Philosophical Concept

 

Correct Answer : B

 

25. According to Realists

A. Custom is real law

B. Precedent is real law

C. Statute is real law

D. Rule is real law

 

Correct Answer: B

26. ‘What are states without justice, but robber bands enlarged?’ asked?

A. St. Aquinas

B. St. Augustine

C. St. Joseph

D. St. Patrick

 

Correct Answer: B

 

27. The following thinker is normally associated with the secularization of natural law:

A. Hugo Grotious

B. Antonio Gramsci

C. Martin Heidegger

D. Auguste Comte

 

Correct Answer: A

 

28. The Vice-President of India can be removed from office by:

A.Impeachment

B.Resolution passed by both Houses of Parliament.

C.Resolution passed by the Council of States and agreed to by the House of the People.

D.Resolution by both Houses and Order signed by the President of India

 

Correct Answer: C

 

29. The President decides on disqualification of Members of Parliament under Article 103 only on the advice of:

A. Council of Ministers

B. Constitution Bench of the Supreme Court of India

C. Election Commission

D. Chief Justice of India

 

Correct Answer: C

 

30. The recent amendment to the Constitution of India paving way for 10% reservation for Economically Weaker Sections was done by amending:

A. Article 14

B. Articles 15 and 16

C. Article 15

D. Article 338

Correct Answer: B

31. How many amendments have been made to the Indian Constitution so far?

A. 102

B. 121

C. 103

D. 126

Correct Answer: C,

Correct Answer in the present time: 104 Amendment – It extended the reservation of seats for SCs and STs in the Lok Sabha and states assemblies.

 

32. The National Commission for Backward Classes was created by:

A. The Constitution (One Hundred and First Amendment) Act, 2016

B. The Constitution (One Hundred and Second Amendment) Act, 2018

C. The Constitution (One Hundred and Third Amendment) Act, 2019

D. The Constitution (One Hundredth Amendment) Act, 2015

 

Correct Answer: B

 

33. Which among the following states has no legislative council?

A. Andhra Pradesh

B. Telengana

C. Bihar

D. Madhya Pradesh

 

Correct Answer: D

 

34. Passive Euthanasia under certain circumstance is permissible was upheld in the case of:

A. Aruna Ramchandra Shanbaug v. UOI

B. Gian Kaur v. State of Punjab

C. State of Maharashtra v. Maruty Sripaty Dubal

D. P. Rathinam v. UOI

 

Correct Answer: A

 

35. The maxim octio personalis moritur cum persona means:

A. Personal action dies with the parties to the cause of action

B. An action is not given to him who has received no damages

C. No one is responsible for inevitable accidents.

D. An act done by me against my will, is not my act

 

Correct Answer: A

 

36. Mark the incorrect entries:

A. Injuria Sine Damnum

Ashby v. White

B. Damnum Sine injuria

Gloucester’s case

C. Remoteness of Damage

Rylands v. Fletcher

D. Negligence

Donoghue v. Stevenson

Correct Answer: C

 

37. In Rylands v. Fletcher, Justice Blackburn used the term(s):

A. Strict liability

B. Absolute liability

C. Strict and absolute liability

D. None of the above

 

Correct Answer: A

 

38. Contributory negligence is a:

A. Tort

B. Crime

C. Defence

D. Right

 

Correct Answer: C

 

39. Volenti non fit injuria is a:

A. General defence

B. Particular defense

C. Not a defence

D. Defence in Tort law

 

Correct Answer: C,

The answer should be D

 

40. Test of directness for determining remoteness of damage was laid down in:

A. Wagon Mound 1

B. Wagon Mound 2

C. Re Polemis

D. Rylands v. Fletcher

 

Correct Answer: C

 

41. Following is not an essential of tort of negligence

A. Duty of care on the part of plaintiff

B. Duty of care on the part of defendant

C. Breach of duty

D. Damage to plaintiff

 

Correct Answer: A

 

42. Defamation is:

A. Both a tort and crime

B. Tort only

C. Crime only

D. Neither a tort nor a crime

 

Correct Answer: A

 

43. A person abets the doing of a thing by:

A. Instigating any person

B. Engages in any conspiracy

C. Intentionally aiding

D. All of the above

 

Correct Answer: D, S/108- Abettor

 

44. When two or more persons agree to do an illegal act, such an act is known as:

A. Abetment

B. Public Tranquility

C. Criminal Conspiracy

D. All of the above

 

Correct Answer: C, S/120A. Definition of criminal conspiracy

 

45. To commit an affray, the minimum number of persons required is:

A. Two

B. Three

C. Five

D. Seven

 

Correct Answer: A, S/159

 

46. Outraging the modesty of a woman is punishable under:

A. Section 354, IPC

B. Section 363, IPC (Punishment for kidnapping)

C. Section 509, IPC (Word, gesture or act intended to insult the modesty of a woman)

D. Section 511, IPC (Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment)

 

Correct Answer: A

 

47. ‘opinion juris’ means:

A. Opinion of the jurists

B. Opinion of law

C. State practice

D. Opinion of Law

 

Correct Answer: B

 

48. ‘Jus Cogens’ means:

A. Norms

B. Negotiable norms

C. Non-derogable norms

D. Legal norms

 

Correct Answer: C

 

49. ‘Jus gentium’ is a body of:

A. International Statutes

B. Decisions of ICJ

C. International Conventions

D. International Customs

 

Correct Answer: D

 

50. World Intellectual Property Organization is a specialized agency of:

A. UN

B. ICJ

C. WTO

D. ILO

 

Correct Answer: A, There are currently 17specialized agencies

 

51. The Rome Statute of the International Criminal Court was adopted in the year:

A. 1998

B. 1999

C. 2000

D. 2001

 

Correct Answer: A

 

52. Which one of the following is not formally considered as an amendment to the Constitution under Article 368?

(A) Creation of new states

(B) Change in the Preamble

(C) Change in the Part IV A

(D) Change in Part XII

Correct Answer: B

 

53. Who presides over the joint sitting of the two Houses of Parliament?

(A) Speaker

(B) President

(C) Vice President

(D) Nominee of the Chief Justice of India

 

Correct Answer: A

 

54. Which of the following category of judges is not mentioned in the Constitution?

(A) Acting Judge.

(B) Additional Judge

(C) Adhoc Judge

(D) Puisne Judge

 

Correct Answer: D

 

55. The right to vote in elections in India is a:

(A) Fundamental right

(B) Constitutional right

(C) Statutory right

(D) Customary right

Correct Answer: B, Article 326 – Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage

 

56. The fundamental right to form co-operative societies is provided under:

(A)Article 19 (1) (C)

(B) Article 21

(C) Article 14

(D) Article 51 A (j)

 

Correct Answer: A, Protection of certain rights regarding freedom of speech etc

 

57. The Ordinance making power of the President under the Indian Constitution is:

(A) An Executive power

(B) A legislative power

(C) Quasi-legislative power

(D) Quasi executive power

 

Correct Answer: A, Article 123

 

58. The concurrent power to impose tax has been provided under:

(A) Article 246

(B) List III of Schedule VII

(C) Article 307

(D) Article 246 A

 

Correct Answer: D, Special Provision with respect to goods and services tax, 101st Amendment

 

59. The Goods and Services Tax Council is set up under :

(A) Article 263 (Inter-State Council)

(B) Article 269-A (Levy and collection of goods and services tax in course of inter State trade or commerce.)

(C) Article 279-A

(D) Article 281 (Recommendations of the Finance Commission)

 

Correct Answer: C

 

60. Who was the Constitutional Advisor to the Constituent Assembly?

(A)B N Rau

(B) B R Ambedkar

(C) Rajendra Prasad

(D) K M Munshi

 

Correct Answer: A

61. Which one of the following is the correct statement in relation to the Collegium?

(A) Appointment and transfer of judges in the higher judiciary

(B) Appointment and transfer of judges in the judiciary

(C) Appointment, transfer and removal of judges in the judiciary

(D) Appointment, transfer, recusal and removal of judges in the judiciary

Correct Answer: A

 

62. Compensatory jurisprudence was invoked by the Supreme Court in:

(A)Keshavanada Bharathi v. State of Kerala

(B) Rudal Shah v. State of Bihar

(C) Indira Nehru Gandhi v. Rajnarain

(D) Kihota Hollohan v. Zachilhu

 

Correct Answer: B

 

63. Basheshar Nath v. Commissioner of Income Tax, is often quoted with reference to the:

(A)Doctrine of Eclipse

(B) Doctrine of severability

(C) Doctrine of Waiver of Fundamental Rights

(D) Doctrine of territorial nexus

 

Correct Answer: C

 

64. Gunupati v. Nafizul Hasan deals with:

(A)Presidents’ election

(B) Privileges of the legislature

(C) Pardoning power

(D) Office of profit

 

Correct Answer: B

 

65. Reservation in promotions with consequential seniority in favour of Scheduled Castes and Scheduled Tribes is facilitated by:

(A) Art. 16 (4A)
(B) Art. 16(3)
(C) Art. 16 (4B)
(D) Art. 15 (3)

 

Correct Answer: A

66. Art. 141 of the Indian Constitution provides:

(A)Law declared by it is not binding on High Court

(B) Law declared by the Supreme Court shall be binding on all courts within the territory of India

(C) Advisory opinion may be given

(D) Appeals from the High Court

 

Correct Answer: B

67. Doctrine of legitimate expectation and wednesbury principles were read by Supreme Court into:

(A)Art. 12

(B) Art.14

(C) Art. 23

(D) Art.22

 

Correct Answer: B

 

68. A seven member bench of the Supreme Court unanimously struck down clauses 2(d) of Art.323 A and Clause 3(d) of Art 323B of the Constitution relating to tribunals which excluded the jurisdiction of High Court and Supreme Court. The court held that power of judicial review over legislative action is vested in the High Court under Art.226 and in the Supreme Court under Art.32. This is an integral part of the basic structure of the constitution. Name the case:

(A)L. Chandra Kumar v. Union of India

(B) KihotaHollohon v. Zachilhu

(C) Nagaraj v. State of A.P.

(D) Rajendra Singh Rana v. Swami Prasad Maurya

 

Correct Answer: A

 

69. The phrase ‘complete justice’ is used in:

(A)Article 141 (Law declared by Supreme Court to be binding on all courts)

(B) Article 142

(C) Article 144 (Civil and judicial authorities to act in aid of the Supreme Court)

(D) Article 145 (145. Rules of Court, etc)

 

Correct Answer: B, Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc

 70. In which case the doctrine of severability was extended by the Supreme Court to constitutional amendments?

(A)A.K. Gopalan v. State of Madras

(B) Golaknath v. State of Punjab

(C) Keshavananda Bharati v. State of Kerala

(D) Kihota Hollahan v. Zachilhu

 

Correct Answer:  D

71. Among the following judges, against whom the motion for removal were initiated in either House of Parliament?

(A)Justice Ramaswamy and Justice Dinakaran

(B) Justice Ramaswamy and Justice Soumitro Sen

(C) Justice Dinakaran and Justice Soumitro Sen

(D) Justice Ramaswamy and Justice Karnan

 

Correct Answer: B

 

72. Recently, the Supreme Court in Ram-Janmabhumi case:

(A)Has ordered mediation by a panel

(B) Has declined to decide on the case

(C) Has upheld the Allahabad High Court’s decision

(D) None of the above

 

Correct Answer: A

73. The Constitution Day is celebrated on:

(A)26th January

(B) 15th August

(C) 26th November

(D) 10th December

 

Correct Answer: C

 

74. If the Anglo-Indian Community is adequately represented, the President may nominate not more than __________ members to the Lok Sabha:

(A)Three

(B) Two

(C) One

(D) Four

Correct Answer: B, The One Hundred and Twenty-sixth (126th) Constitutional Amendment Bill, 2019 has been passed by the parliament which extended the reservation provided for SCs and STs communities in Parliament and Assemblies and also provided stopping the nomination of Anglo-Indians to Lok Sabha and certain State Assemblies.

 

75. In which case the Supreme Court applied the doctrine of Prospective Over-ruling for the first time to resolve a constitutional question?

(A)A. K. Gopalan v. State of Madras

(B) Sajjan Singh v. State of Rajasthan

(C) Shakari Prasad v. Union of India

(D) Golaknath v. State of Punjab

 

Correct Answer: D

76. How many judges of the Supreme Court were superseded in the appointment of Justice A.N. Ray as the Chief Justice of India?

(A)One

(B) Three

(C) Two

(D) None

Correct Answer: B, This appointment superseded three senior judges of the Supreme Court, Jaishanker Manilal Shelat, AN Grover and K. S. Hegde

77. The Directive Principles of State Policy were framed based on the provisions of:

(A)Swiss Constitution

(B) Australian Constitution

(C) Irish Constitution

(D) None

Correct Answer: C

 

78. ‘A’ applied for allotment of 100 shares in ‘B’ company. A letter of allotment addressed to ‘A’ was posted in due time, but it never reached ‘A’. The posting of letter of allotment:

(A) completes the contract

(B) does not completes the contract

(C) makes the contract voidable

(D) makes the contract void

 

Correct Answer: B

79. A takes a life insurance policy making a false statement about his health and does not disclose the fact that he has been treated for a serious illness. In this case which one of the following statements is correct:

(A)The Contract is void

(B) The Contract is valid

(C) Contract is voidable on the ground of fraud

(D) Contract is voidable on the ground of misrepresentation

 

Correct Answer: C, S/19 of contract Act

80. In which case it has been laid down that a promise to pay subscription is binding on the promisor if promisee has undertaken some liability on the faith of the promisee:

(A)Lalman Shukla v. Gauri Dutt

(B) Kedar Nath v. Gorie Mohd

(C) Bhagwandas v. Girdhari Lal

(D) Banwari Lal v. Sukhdarshan Dayal

 

Correct Answer: B

81. Is past consideration for a promise valid to create a contract?

(A)It is valid only in Indian Law and not in English Law

(B) It is valid only in English Law and not in Indian Law

(C) It is valid both in Indian Law and English Law

(D) It is neither valid in English Law nor in Indian Law

 

Correct Answer: A

82. An agreement not enforceable by law is:

(A)Void

(B) Contract

(C) Voidable Contract

(D) Valid Contract

 

Correct Answer: A, S/2(g)

83. Where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other is known as

(A)Coercion

(B) Misrepresentation

(C) Fraud

(D) Undue Influence

Correct Answer: D, S/16

 

84. Defaming someone by words or by gestures is called in Torts as:

(A)Libel

(B) Slander

(C) Nuisance

(D) None

 

Correct Answer: B

85. What defense could be used when an injury is caused to a person due to unforeseen or unexpected events in spite of reasonable care taken by him?

(A)Inevitable accident

(B) Act of third party

(C) Act of God

(D) None

 

Correct Answer: A

86. Under Section 57 of Indian Penal Code, in calculating fractions of terms of punishment, ‘imprisonment for life’ shall be reckoned as equivalent to imprisonment for:

(A)twenty years

(B) twelve years

(C) thirty years

(D) imprisonment till death

 

Correct Answer: A

 

87. ‘A’ a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. Choose the correct statement:

(A)A has committed the offence of murder

(B) A has committed the offence of culpable homicide

(C) A has committed no offence

(D) A has committed the offence of riot.

 

Correct Answer: C, 76. Act done by a person bound, or by mistake of fact believing himself bound, by law.

 

88. The principle that “Nothing is an offence which is done by a child under seven years of age” is provided under:

(A)Section 81 of I.P.C. (Act likely to cause harm, but done without criminal intent, and to prevent other harm)

(B) Section 82 of I.P.C.

(C) Section 83 of I.P.C.( Act of a child above seven and under twelve of immature understanding)

(D) Section 84 of I.P.C. ( Act of a person of unsound mind)

 

Correct Answer: B

89. Every person has a right to defend —————— against any offence:

(A)his own body only

(B) his own body and the body of his relatives only

(C) his own body and the body of any other person

(D) he has no right to defend against any offence affecting the human body

 

Correct Answer: S/97 Right of private defence of the body and of property

 

90. X, under the influence of madness, attempts to kill Y.

(A)X has committed the offence of murder

(B) Y has no right of private defense as X is insane

(C) Y has right of private defense which he would have if X were sane

(D) All statements are correct

 

Correct Answer: C

 

91. The right of private defense of property against theft continues till:

(A)the offender has effected his retreat with the property

(B) the assistance of the public authorities is obtained

(C) the property has been recovered

(D) All of the above

 

Correct Answer: D, S/105 – Commencement and continuance of the right of private defense of property

 

92. The Universal Declaration of Human Rights was adopted on:

(A)December 08, 1948

(B) December 09, 1948

(C) December 10, 1948

(D) December 11, 1949

 

Correct Answer: C

 

93. The United Nations Commission on Human Rights meets every year at:

(A)The Hague

(B) Geneva

(C) France

(D) Spain

 

Correct Answer: B

94. What is the term of a patent in the Indian system?

(A)20 years

(B) 40 years

(C) 30 years

(D) 12 years

 

Correct Answer: A

95. What are the classes of works for which copyrights protection is available in India?

(A)Original literary, dramatic, musical and artistic works

(B) Cinematograph films

(C) Sound recordings

(D) All the above

 

Correct Answer: D

 

96. In the case of a work made or first published by or under the direction or control of any public undertaking, —————— shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.

(A)Government

(B) Such public undertaking

(C) Both (A) and (B)

(D) None of the above

 

Correct Answer: B, Section 17 First owner of copyright

 

97. If the period of assignment copyright is not stated, it shall be deemed to be ____ years from the date of assignment.

(A)4

(B) 5

(C) 6

(D) 7

 

Correct Answer: B, Section 19. Mode of assignment

98. Which of the following statement is right?

(A)An invention must not possess utility for the grant of patent. No valid patent can be granted for an invention devoid of utility.

(B) An invention must possess utility for the grant of patent. No valid patent can be granted for an invention devoid of utility.

(C) An invention must possess utility for the grant of patent. Valid patent can be granted for an invention devoid of utility.

(D) An invention must not necessarily possess utility for the grant of patent. Valid patent can be granted for an invention devoid of utility.

 

Correct Answer: B

99. How many GI Tags have been issued in India so far?

(A)About 287

(B) About 321

(C) About 344

(D) About 406

 

Answer: Presently, 361, Recently Kashmir saffron and black rice Manipur got this GI tag

100. ‘The Courts are the capitals of law’s empire, and judges are its princes’ wrote:

(A)H.L.A. Hart

(B) Ronald Dworkin

(C) Robert Nozick

(D) John Rawls

 

Correct Answer: B

Part – B   Maximum Marks-50

  • Instructions:

  • 1. Answer any TWO of the following questions

  • 2. All questions carry equal marks

  • 3. Answer to each question shall not exceed 800 words

Q. The Supreme Court observed that the ordinance making power has been used to such an extent that its use has become ‘fraud on the constitution.’ Critically examine this statement in the light of Constitutional provisions, practices/conventions and judicial decisions.

Introduction: In the case of, Krishna Kumar Singh v State of Bihar, seven judge constitution bench of the Hon’ble Supreme Court of India had held that re-promulgation of ordinance is a fraud on the Constitution. The Court also held that the satisfaction of the President of India under Article 123 and of the Governor under Article 213 while issuing an Ordinance is not immune from judicial review.

 

Definition: What is an ordinance?

Article 123 of the Constitution of India gives the power and authority to the President of India to issue an ordinance only when both the Houses of Parliament are not in session. In addition, it states that any ordinance can have the same force and effect as a statute of Parliament only if it is laid before both the houses of the Parliament. Further, Ordinance so made will hold good only for a duration of six weeks from the reassembly of Parliament. Article 213 mandates near identical terms with respect to the ordinances on subject of State authority.

Article 123:

  • According to Article 123, The President can promulgate Ordinances during the recess of Parliament if:

  • at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinance as the circumstances appear to him to require;

  • An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance shall be laid before both House of Parliament and shall cease to operate at the expiration of six weeks from the reassemble of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and

  • may be withdrawn at any time by the President Explanation Where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.

Article 213:

  • Article empowers the Governor to promulgate Ordinance, during recess of legislature, if circumstances exist which render it necessary for him to take immediate action. To issue an Ordinance, the Governor must be satisfied with the circumstances that make it necessary for him to take immediate action. Governor cannot promulgate an ordinance if: The Ordinance has the provisions which if embodied in a bill would require President’s sanction.

  • The Ordinance has the provisions which the governor would reserve as a Bill containing them for the President’s sanction.

  • If an act of the State Legislature has the same provisions that would be invalid without the assent of the President.

  • All Ordinances promulgated by the Governor in the State have the same effect and force as an Act of Legislature of the State.

What the judgement says:

  • Dr. D.Y. Chandrachud, J writing down the majority judgment for himself and S.A. Bode, A.K. Goel, U.U. Lalit and L. Nageswara Rao, JJ, laid down the principles for promulgation of ordinances as follows:

  • The power which has been conferred upon the President under Article 123 and the Governor under Article 213 is legislative and conditional in nature: it can be exercised only when the legislature is not in session and subject to the satisfaction of the President or, as the case may be, of the Governor that circumstances exist which render it necessary to take immediate action;

  • An Ordinance which is promulgated under Article 123 or Article 213 has the same force and effect as a law enacted by the legislature but it must be laid before the legislature; and it will cease to operate six weeks after the legislature has reassembled or, even earlier if a resolution disapproving it is passed. Moreover, an Ordinance may also be withdrawn. Also, The expression “cease to operate” in Articles 123 and 213 does not mean that upon the expiry of a period of six weeks of the reassembling of the legislature or upon a resolution of disapproval being passed, the ordinance is rendered void ab initio. Both Articles 123 and 213 contain a distinct provision setting out the circumstances in which an ordinance shall be void. An ordinance is void in a situation where it makes a provision which Parliament would not be competent to enact (Article 123(3)) or which makes a provision which would not be a valid if enacted in an act of the legislature of the state assented to by the Governor (Article 213(3))

  • The constitutional fiction, attributing to an Ordinance the same force and effect as a law enacted by the legislature comes into being if the Ordinance has been validly promulgated and complies with the requirements of Articles 123 and 213;

  • The requirement of laying an Ordinance before Parliament or the state legislature is a mandatory constitutional obligation cast upon the government. 

  • The satisfaction of the President under Article 123 and of the Governor under Article 213 is not immune from judicial review particularly after the amendment brought about by the forty-fourth amendment to the Constitution by the deletion of clause 4 in both the articles.

  • Re-promulgation of ordinances is a fraud on the Constitution and a sub-version of democratic legislative processes, as laid down in the judgment of the Constitution Bench in D.C. Wadhwa and Ors. v. State of Bihar and Ors

  • Madan B. Lokur, J, writing down his minority view said that there is no universal or blanket prohibition against re-promulgation of an Ordinance, but it should not be a mechanical re-promulgation and should be a very rare occurrence. There could be situations, though very rare, when re-promulgation is necessary. T.S. Thakur, CJ, after going through both the views, said that there may indeed be situations in which a repromulgation may be necessary without the ordinances having been placed before the legislature. He further added that regardless whether the requirement of placing the ordinance is mandatory as held by Chandrachud, J. or directory as declared by Lokur J., the repeated repromulgation of the ordinances were constitutionally impermissible and a fraud on the powers vested in the executive.

Conclusion

This judgment widens the scope of judicial review of Ordinances. It basically promotes more transparency in the functioning of the same and the Court can exercise the powers of judicial review and verify the actions undertaken by both President and the Governor so as to arrive at the satisfaction that an Ordinance was necessary or not. It can also be observed that repromulgation is fundamentally at odds with the principal of parliamentary supremacy. Article 123 of the Constitution spells out requirements before resorting to the extraordinary measure of promulgating an ordinance. In recent times, ordinance making power has been widely misused as a parallel law making body of the government. Therefore, in light of the above arguments, it can be rightly said that ordinance making power has been used to such an extent that that its use has become a fraud on the constitution.

Q. Briefly explain and critically evaluate the concept of “victims’ compensation” in India in the light of statutory provisions and judicial decisions?

Introduction

  • The victim protection jurisprudence developed in United Nations General Assembly (UNGA) 1985 by adopting a Declaration of The Basic Principles of Justice for The Victims of Crime and Abuse of Power, which was ratified by a substantial number of countries including India, was a landmark in boosting the pro-victim movement. In which comprehensive definition of victim was given and it included, the immediate family members as well as it applied to everyone irrespective of race, religion, nationality, language, age, colour, cultural belief and also cover the protection programs for victims of crime and abuse of power.

Definition of victim:

  • The word “victim” is defined in Section 2(wa) by the Code of Criminal Procedure (Amendment) Act ,2008 of the Criminal Procedure Code, 1973. The term “victim” means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression “victim” includes his or her guardian or legal heir.

Provisions governing victims of crime in India

  • The provisions relating to compensation to victims of crime are contained in sections 357, 357(1), 357 (2), 357 (3), 357A, 357B 358, 359 and 250 of the Code of Criminal Procedure, 1973.

  • 357. Order to pay compensation cl (3) When a Court imposes a sentence, of which fine does not form a part, the Court may, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced.

  • S/357 A- Victim Compensation Scheme

  • S/357 B- Compensation to be in addition to fine Under section 326A or Section 376 D of Indian Penal Code

  • S/358 – Compensation to persons groundlessly arrested

  • S/359 – Order to pay costs in non- cognizable cases

  • S/250 – Compensation for accusation without reasonable cause

Victim Compensation scheme: S/357 A

1.Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who, require rehabilitation.

2.Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1)

3.If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation.

4. Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation.

5. On receipt of such recommendations or on the application under sub-section (4), the State or the District Legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months.

6. The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer incharge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.

Section/ 357 B

This section provides the compensation payable by the State Government under section 357A shall be in addition to the payment of fine to the victim under section 326A, section 376AB, section 376D, section 376DA and section 376DB of the Indian Penal Code.

Case Law: Laxmi v. UOI

Fact:

Laxmi a victim of acid attack, when she was 15 years old met with an acid attack by three men near tughlaq road New Delhi. Her wrong was only refusing the marriage proposal of 32 years old man for that she was made to suffer throughout her life and the remedy she got under IPC was comparatively less than her medical expense. So she filed the PIL by seeking the new law or amendment to the existing laws dealing with acid attacks besides asking compensation for acid attack victims.

Judgement:

The Honorable Supreme Court in this particular case to regulate the easy availability of the acid came up with regulations relating to selling and purchasing of the acid. It had made a regulation saying that while purchasing the acid one should show their photo identity card given by the government and has to mention the purpose of buying it. And the seller of the acid has to submit that to the police station within three days.

It directed all states and union territories to frame the guidelines to regulate the sale of acid. After this judgment the Indian Penal Code recognized the acid attack and attempt to do acid attack as a crime under 326 A and 326 B of IPC. And Criminal Procedure Code got amended and inserted 357 A and 357 B to compensate the acid victims. And by amendment to Indian Evidence Act Section 114 B was inserted.

Central Victim Compensation Fund Scheme

The Central government in 2015 formulated the CVCF scheme to compensate the determined. Every state has their own guidelines which decide the procedure.

1.Making an application before the District/State  Legal Service Authority

  • An application can be made for temporary or final compensation. It can be filed by the Victims or their dependents or the SHO of the area.

  • The application must be submitted along with a copy of the First Information Report (FIR), medical report, death certificate, if available, copy of judgment/ recommendation of court if the trial is over, to the State or District Legal Services Authority

    • District Legal Service Authority of every state first verify the content of the claim. Specific loss, injury, rehabilitation is taken into consideration.

    • 3. Disbursement of amount in the single or joint account of the victim. A minimum amount of Rs. 3 lakhs is provided for both the victims of rape and acid attack.

    • 2. The scrutiny stage.

      • District Legal Service Authority of every state first verify the content of the claim. Specific loss, injury, rehabilitation is taken into consideration.

      • 3. Disbursement of amount in the single or joint account of the victim. A minimum amount of Rs. 3 lakhs is provided for both the victims of rape and acid attack.

Compensation under public law

  • Bhajan Kaur v. Delhi Administration

Facts: A  a writ petition was filed in Delhi High Court for paying compensation to the dependents of those killed in the riots after the assassination of Smt. Indira Gandhi as the State had a duty to protect the life of it citizens.

Held: The Delhi High Court held that the expanded meaning attribute to Article 21 of the Constitution, it is the duty of the State to create a climate where member of the society belonging to different faiths, caste and creed live together and therefore the State has a duty to protect their life, liberty, dignity and worth of an individual which should not be jeopardized or endangered. If in any circumstances the state is not able to do so, then it cannot escape the liability to pay compensation to the family of the persons killed during the riots. The High Court directed the State government to pay a sum of Rs. 2 Lakhs with interest and also gave a general direction that the order should apply to similar cases also.

Compensation under Criminal law

The Apex Court in Hari Kishan v. Sukhbir Singh highlighting the importance of Section 357(3) of the Criminal Procedure Code, 1973 says, Section 357 of Cr.P.C. 1973, is an important provision. This power to award compensation is not ancillary to other sentences but it is in addition thereto. It is a measure of responding appropriately to crime as well as reconciling the victim with the offender.

Conclusion:

  • In modern criminology, the rights of victims have been enlarged by empowering the court to award compensation suitable for their rehabilitation. This is a major achievement to the welfare of the victims as the things were not same in the past. With the judicial intervention, the rights of the victims today are secured both under Public law as well as criminal law.

Other Questions: Try to write your own

Q.3 Briefly explain and critically evaluate the VVPAT and EVM in the light of contemporary developments

  • Hint: Subramanium Swamy v. Election Commission of India, 8 Oct, 2013

Q.4 What is meant by generic drugs? Explain its importance in the light of judicial decisions in India.

  • Novartis v. Union of India & Others, 2013

Q.5 Terrorism has become an international issue for long without finding any solution. Briefly explain and critically evaluate the same in the light of contemporary developments.

Kindly note: Answers in subjective questions are suggestive in nature. You are encouraged to write your own answers in the exam paper. 

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