CLAT PG 2022 Question Paper

Question 1

Read the passage and answer the question.

Passage: The present system of appointments as envisaged by the Constitution and as elucidated in the Collegium system makes it clear that the first step is a recommendation from Collegium of four senior-most judges and presided over by the Chief Justice. This process in turn requires wide consultation by the Chief Justice of the High Court to identify the requisite talent, so as to make the recommendations. Contrary to some portrayed beliefs as if this is an extremely subjective system, every Chief Justice is actually required to solicit names from different sources whether it be sitting judges, retired judges, or prominent members of the Bar. It is from this pool of talent that he selects, after a discussion in the collegium, the most suitable candidates. It is thus of utmost importance that the flow of recommendations continues for the appointment process to work successfully. The current situation of vacancies, especially in some of the larger courts with very few recommendations in the pipeline seems to be the genesis of this problem. The data placed before us, as drawn from the National Judicial Data Grid (NJDG) shows that five (5) High Courts alone are responsible for 54% of the pendency of over 57,51,312 cases i.e., the High Courts of Allahabad, Punjab & Haryana, Madras, Bombay, and Rajasthan. The Madras High Court has among the highest arrears in the country of 5.8 lakh cases despite having fewer vacancies than most other High Courts (i.e., 7%). This does not take away from the requirement of appointing ad hoc Judges but supports the view that even if the existing vacancies are few, a situation may arise requiring the expertise of experienced Judges to be appointed as ad hoc Judges.

Question: In which of the following cases did the Supreme Court of India observe that for the appointment of a retired Judge as an ad hoc judge, the consent of such retired Judge is a prerequisite for his/her appointment as an ad hoc judge?

Accepted Answer

Union of India v. Sankal Chand and Himatlal Sheth, (1977) 4 SCC 193.

Answer

Ashok Tanwar v. State of Himachal Pradesh, (2005) 2 SCC 104.

Answer

Supreme Court Advocates on Record Association v. Union of India, (2016) 5 SCC 1.

Answer

Krishan Gopal v. Shri Prakash Chandra, (1974) 1 SCC 128.

Question 2

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Passage: The Supreme Court of India in a Suo Motu Writ Petition In Re: Distribution of Essential Supplies and Services During Pandemic, [Writ Petition (Civil) No. 3 of 2021], analyzed the power of judicial review over the management of the COVID-19 pandemic in India. The Union of India has highlighted a few concerns as: The executive is battling an unprecedented crisis and the government needs discretion to formulate policy in larger interest and its wisdom should be trusted; The current vaccine policy conforms to Articles 14 and 21 of the Constitution, and requires no interference from the courts as the executive has room for free play in the joints while dealing with a pandemic of this magnitude; Judicial review over executive policies is permissible only on account of manifest arbitrariness. No interference from judicial proceedings is called for when the executive is operating on expert medical and scientific opinion to tackle a medical crisis; and any over-zealous judicial intervention, though well-meaning, in the absence of expert advice or administrative experience may lead to unintended circumstances where the executive is left with little room to explore innovative solutions. The court clarified that in the context of the public health emergency, the executive has been given a wider margin in enacting measures which ordinarily may have violated the liberty of individual. The judiciary has also recognized that Constitutional scrutiny is transformed during such public health emergencies and noted the complex role of the government in battling public health emergencies in following words: ...While this court should guard with firmness every right appertaining to life, liberty or property as secured to the individual by the Supreme Law of the Land, it is of the last importance that it should not invade the domain of local authority except when it is plainly necessary to do so in order to enforce that law. But even in a pandemic, the Constitution cannot be put away and forgotten and a public health emergency does not give Governors and other public officials carte blanche to disregard the Constitution for as long as the medical problem persists. ...the courts should expect policies that more carefully account for Constitutional rights. The court stated that separation of powers is a part of the basic structure of the Constitution of India. However, this separation of powers does not result in courts lacking jurisdiction in conducting a judicial review of these policies.

Question: Consider the following statements: (i) An intrusion by the judiciary in the domain of the executive is prohibited under the separation of powers principle, except when it is necessary to do so in order to enforce the express provisions of the Constitution of India. (ii) An intrusion by the judiciary in the domain of the executive is allowed when it is necessary to do so in order to safeguard the rights relating to life, liberty or property as secured to the individual by the Constitution of India. Choose the correct answer from the code given below.

Accepted Answer

both (i) and (ii) are true.

Answer

both (i) and (ii) are untrue.

Answer

(i) is true and (ii) is untrue.

Answer

(ii) is true and (i) is untrue.

Question 3

Read the passage and answer the question.

Passage: Supreme Court of India has pointed out that there are not less than 100 instances under the Income Tax Act, 1961, where in the event of amalgamation, the method of treatment of a particular subject matter is expressly indicated in the provisions of the Act. In some instances, amalgamation results in withdrawal of a special benefit (such as an area exemption under Section 80IA) - because it is entity or unit specific. In the case of carry forward of losses and profits, a nuanced approach has been indicated. All these provisions support the idea that the enterprise or the undertaking, and the business of the amalgamated company continues. The beneficial treatment, in the form of set-off, deductions (in proportion to the period the transferee was in existence, vis-�vis the transfer to the transferee company); carry forward of loss, depreciation, all bear out that under the Act, (a) the business-including the rights, assets and liabilities of the transferor company do not cease, but continue; (b) by deeming fiction-through several provisions of the Act, the treatment of various issues, is such that the transferee is deemed to carry on the enterprise as that of the transferor.

Question: Consider the given statements: (i) In case of amalgamation, the business of the transferor company does not cease, but is deemed to continue. (ii) Under various provisions of the Income Tax Act, the transferee is deemed to carry on the enterprise as that of the transferor. Choose the correct answer from the Code given below:

Accepted Answer

Both (i) and (ii) are true.

Answer

Only (i) is true.

Answer

Only (ii) is true.

Answer

Both (i) and (ii) are untrue.

Question 4

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Passage: A thought-provoking book titled `The Morality of Law' by Lon L. Fuller on moral philosophy insists on a distinction between `morality of aspiration' and `morality of duty'. From the view of the morality of aspiration, the human conduct does not bear on mandatory rules but on conceptions of the `Good Life', of `what beseems a human being functioning at his best to human capacities'. Because no law can compel a man to live up to the excellence of which he is capable. But for workable standards of judgment, the morality of duty lays down the basic rules without which an ordered society directed towards certain specific goals must fail of its mark. Because the duty ties it very closely to what is `rationally discoverable' and `objective', as contrasted with the morality of aspiration based on subjectivism. However, moralists may differ as to what range of conduct should fall within the respective spheres of duty and the morality of aspirations. "When we are passing a judgment of moral duty, it seems absurd to say that such a duty can in some way flow directly from knowledge of a situation of fact." As due to the fact that before we conclude `that a duty ought to exist', however well we may understand the facts, by the close connection between understanding a person's ideals, approval and disapproval. Does this mean that duties are rationally discoverable, and a matter of choice, even if not of `ineffable preference'? Presumably not, since when we pass a moral judgment of duty `ought' to exist. It is necessary to distinguish between the accepted morality of a social group and the personal morality of individuals. `Duty' may appear in all of these, but the satisfaction is very often a matter of degree varying from situation to situation. The rule of a morality of duty is necessary for social living. The morality of aspiration provides a general idea of the perfection we ought to acquire it. If we consider the whole range of moral issues, we may imagine a yardstick which begins at the bottom with the most obvious demands of social living and extends upward to the highest reaches of human aspirations. Somewhere along this scale an invisible pointer marks the dividing line where the pressure of duty leaves off and the challenge of excellence begins. The whole field of moral argument is an undeclared war over the location of this pointer. Whom we regard as being moralistic are always trying to inch the pointer upward so as to expand the area of duty and they bludgeon us into a belief that we are duty bound to embrace this pattern of human conduct, instead of making us realize a pattern of life they consider worthy of human nature.

Question: The concept of duty as characterized by Lon L. Fuller seems

Accepted Answer

dynamic

Answer

Static

Answer

Personal

Answer

Fictional

Question 5

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Passage: Drinking water is of primary importance in any country. In fact, India is a party to the Resolution of the UNO passed during the United Nations Water Conference which reads as under: "All people, whatever their stage of development and their social and economic conditions, have the right to have access to drinking water in quantum and of a quality equal to their basic needs." Thus, the right to access to drinking water is fundamental to life and there is a duty on the State under Article 21 to provide clean drinking water to its citizens. There is, therefore, need to take into account the right to a healthy environment along with the right to sustainable development and balance them. Competing Human Rights to healthy environment and sustainable development.

Question: In which of the following cases did the Supreme Court hold that water is the basic need for the survival of human beings and is part of the right of life and human rights as enshrined in Article 21 of the Constitution of India?

Accepted Answer

Narmada Bachao Andolan v. Union of India (2000) 7 SCALE 34

Answer

Bandhua Mukti Morcha v. Union of India (1984) 3 SCC 161

Answer

State of Madhya Pradesh v. Centre for Environment Protection Research and Development 2020 SCC Online SC 687

Answer

M.C. Mehta v. Union of India (2004) 12 SCC 118

Question 6

Read the passage and answer the question.

Passage: The right to clean and healthy environment has been recognized as a fundamental right under Article 21 of the Constitution of India. Article 48-A imposes a duty upon the State to endeavour to protect and improve the environment and safeguard the forests and wildlife of the Country. In addition to this, India is also a party to international treaties, agreements and conferences and has committed itself to sustainable development and growth. This legal framework indicates that sustainable development must remain at the heart of any development policy implemented by the state. It is essential to strike the right balance between environmental conservation and protection on one hand, and the right to development on the other, while articulating the doctrine of sustainable development. We may add that in our opinion conservation and development need not be viewed as binaries, but as complementary strategies that weave into one another. In other words, conservation of nature must be viewed as part of development and not as a factor stultifying development.

Question: Which of the following judgments of the Supreme Court of India does not deal with sustainable development?

Accepted Answer

Manorama Sachan v. Lucknow Development Authority, (2005) 9 SCC 425.

Answer

Karnataka Industrial Area Development Board v. C. Kenchappa, (2006) 6 SCC 371.

Answer

Tata Housing Development Co. Ltd. v. Aalok Jagga, (2020) 15 SCC 784.

Answer

Maharashtra Land Development Corporation v. State of Maharashtra, (2011) 15 SCC 616.

Question 7

Read the passage and answer the question.

Passage: Supreme Court of India has pointed out that there are not less than 100 instances under the Income Tax Act, 1961, where in the event of amalgamation, the method of treatment of a particular subject matter is expressly indicated in the provisions of the Act. In some instances, amalgamation results in withdrawal of a special benefit (such as an area exemption under Section 80IA) - because it is entity or unit specific. In the case of carry forward of losses and profits, a nuanced approach has been indicated. All these provisions support the idea that the enterprise or the undertaking, and the business of the amalgamated company continues. The beneficial treatment, in the form of set-off, deductions (in proportion to the period the transferee was in existence, vis-�vis the transfer to the transferee company); carry forward of loss, depreciation, all bear out that under the Act, (a) the business-including the rights, assets and liabilities of the transferor company do not cease, but continue; (b) by deeming fiction-through several provisions of the Act, the treatment of various issues, is such that the transferee is deemed to carry on the enterprise as that of the transferor.

Question: Which of the following is true?

Accepted Answer

The accumulated loss of the amalgamating company shall be deemed to be the loss of the amalgamated company for the previous year in which the amalgamation was effected.

Answer

The amalgamated company can claim all deductions under Section 80 of Income Tax Act, 1961 including unit-specific deductions.

Answer

The accumulated loss of the amalgamating company shall not be deemed to be the loss of the amalgamated company.

Answer

All are incorrect.

Question 8

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Passage: The Supreme Court of India has held that the rationale of granting maintenance from the date of application finds its roots in the object of enacting maintenance legislations, so as to enable the wife to overcome the financial crunch which occurs on separation from the husband. Financial constraints of a dependant spouse hamper their capacity to be effectively represented before the Court. Enforcement of the order of maintenance is the most challenging issue, which is encountered by the applicants. If maintenance is not paid in a timely manner, it defeats the very object of the social welfare legislation. Execution petitions usually remain pending for months, if not years, which completely nullifies the object of the law.

Question: Which of the following is correct about the Hindu Adoptions and Maintenance Act, 1956?

Accepted Answer

Section 18 of the Act provides that a Hindu wife shall be entitled to be maintained by her husband during her lifetime.

Answer

It is a special legislation enacted to provide for maintenance to a wife during the subsistence of the marriage.

Answer

The Supreme Court of India considered the interplay between the claim for maintenance under the Hindu Marriage Act, 1955, and Hindu Adoptions and Maintenance Act, 1956 in Chand Dhawan v. Jawaharlal Dhawan, (1993) 3 SCC 406.

Answer

As per Section 18 of the Act, a Hindu wife is not entitled to make a claim for a separate residence from her husband, without forfeiting her right to maintenance.

Question 9

Read the passage and answer the question.

Passage: The Supreme Court of India has held that the rationale of granting maintenance from the date of application finds its roots in the object of enacting maintenance legislations, so as to enable the wife to overcome the financial crunch which occurs on separation from the husband. Financial constraints of a dependant spouse hamper their capacity to be effectively represented before the Court. Enforcement of the order of maintenance is the most challenging issue, which is encountered by the applicants. If maintenance is not paid in a timely manner, it defeats the very object of the social welfare legislation. Execution petitions usually remain pending for months, if not years, which completely nullifies the object of the law.

Question: Which of the following statutes does not contain provisions relating to maintenance?

Accepted Answer

The Muslim Women (Protection of Rights on Marriage) Act, 2019.

Answer

The Parsi Marriage and Divorce Act, 1936.

Answer

The Special Marriage Act, 1954.

Answer

The Prohibition of Child Marriage Act, 2006.

Question 10

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Passage: The International Court of Justice recalls that, pursuant to Article 41 of its Statute, it has the power to indicate provisional measures when irreparable prejudice could be caused to rights which are the subject of judicial proceedings or when the alleged disregard of such rights may entail irreparable consequences. However, this power will be exercised only if there is urgency, in the sense that there is a real and imminent risk that irreparable prejudice will be caused to the rights claimed before the Court gives its final decision. The condition of urgency is met when the acts susceptible of causing irreparable prejudice can "occur at any moment" before the Court makes a final decision on the case. The Court must therefore consider whether such a risk exists at this stage of the proceedings. The Court is not called upon, for the purposes of its decision on the Request for the indication of provisional measures, to establish the existence of breaches of obligations under the Genocide Convention, but to determine whether the circumstances require the indication of provisional measures for the protection of the right found to be plausible. Having determined that Ukraine can plausibly assert a right under the Genocide Convention and that there is a link between this right and the provisional measures requested, the Court then considers whether irreparable prejudice could be caused to this right and whether there is urgency, in the sense that there is a real and imminent risk that irreparable prejudice will be caused to this right before the Court gives its final decision.

Question: The reason behind the Russian-Ukraine crisis is:

Accepted Answer

Threat or use of force contrary to the Purpose and Principles of the United Nations Charter

Answer

The violation of the Geneva Convention of the refugees 1951

Answer

The violation of the Agreement between the Confederation of Independent States and Europe

Answer

Neither (A) nor (B)

Question 11

CLAT PG 2022 Question Paper with Answers