CLAT PG 2024 Question Paper

Question 1

Read the passage and answer the question.

Passage: In its second preliminary objection, Myanmar submits that The Gambia's Application is inadmissible because The Gambia lacks standing to bring this case before the Court. In particular, Myanmar considers that only "injured States", which Myanmar defines as States "adversely affected by an internationally wrongful act", have standing to present a claim before the Court. In Myanmar's view, The Gambia is not an "injured State" (a term that Myanmar appears to use interchangeably with the term "specially affected State") and has failed to demonstrate an individual legal interest. Therefore, according to Myanmar, The Gambia lacks standing under Article IX of the Genocide Convention. Myanmar draws a distinction between the right to invoke State responsibility under general international law and standing before the Court. It argues that, even if it were established that a "non-injured" Contracting Party to the Genocide Convention has the right to invoke another State's responsibility for violations of the Convention, this would not necessarily entail the right to bring a case before the Court. To this end, Myanmar contends that there exists a difference between the common interest in the accomplishment of the purposes of the Genocide Convention and a State's individual legal interest that may be enforce through the institution of proceedings before the Court. In Myanmar's view, only States "specially affected" by an internationally wrongful act have standing to bring a claim before the Court. Myanmar further submits that The Gambia's claims are inadmissible in so far as they are not brought before the Court in accordance with the rule concerning the nationality of claims which, according to Myanmar, is reflected in Article 44 (a) of the International Law Commission's Articles on the Responsibility of States for Internationally Wrongful Acts. Myanmar asserts that the rule concerning the nationality of claims applies to the invocation of responsibility by both "injured" and "non injured" States and irrespective of whether the obligation breached is an erga omnes partes or erga omnes obligation. Consequently, in Myanmar's view, The Gambia lacks standing to invoke Myanmar's responsibility. Myanmar maintains that, even if Contracting Parties that are not "specially affected" by an alleged violation of the Convention are assumed to have standing to submit a dispute to the Court under Article IX, this standing is subsidiary to and dependent upon the standing of States that are "specially affected". Myanmar argues that Bangladesh would be "the most natural State" a to institute proceedings in the present case, because it borders Myanmar and has received a significant number of the alleged victims of genocide. In Myanmar's view, the reservation by Bangladesh to Article IX of the Genocide Convention not only precludes Bangladesh from bringing a case against Myanmar, but it also bars any "non-injured" State, such as The Gambia, from doing so. Myanmar further argues that "non-injured" States may not override the right of a State "specially affected" by the alleged breach to decide how to vindicate its rights in a way that would best serve its own interests. [Excerpted passage represents the claims of Myanmar in The Gambia v. Myanmar, judgment on preliminary objections, July 22, 2022]

Question: Article 44 (a) of the International Law Commission's Articles on the Responsibility of States for Internationally Wrongful Acts states that `the responsibility of a State may not be invoked if: (a) the claim is not brought in accordance with any applicable rule relating to the nationality of claims.' Can Gambia invoke the principles of state responsibility against Myanmar for Crimes of Genocide?

Accepted Answer

Yes, the Article has no relevance as the Genocide Convention expects the accomplishment of its high purposes.

Answer

No, as The Gambia cannot fulfill the conditions stipulated in Article 44 (a)

Answer

Yes, as the nationals of The Gambia have also faced persecution from Myanmar

Answer

No, Bangladesh is an appropriate state to bring claims and hold Myanmar internationally responsible.

Question 2

Read the passage and answer the question.

Passage: The principles of democracy and federalism are essential features of our Constitution and form a part of the basic structure. Federalism in a multi-cultural, multi-religious, multi-ethnic and multi-linguistic country like India ensures the representation of diverse interests. It is a means to reconcile the desire of commonality along with the desire for autonomy and accommodate diverse needs in a pluralistic society. Recognizing regional aspirations strengthens the unity of the country and embodies the spirit of democracy. Thus, in any federal Constitution, at a minimum, there is a dual polity, that is, two sets of government operate: one at the level of the national government and the second at the level of the regional federal units. These dual sets of government, elected by "We the People" in two separate electoral processes, is a dual manifestation of the public will. The priorities of these two sets of governments, which manifest in a federal system are not just bound to be different, but are intended to be different. While NCTD is not a full-fledged state, its Legislative Assembly is constitutionally entrusted with the power to legislate upon the subjects in the State List and Concurrent List. It is not a State under the First Schedule to the Constitution, yet it is conferred with power to legislate upon subjects in Lists II and III to give effect to the aspirations of the people of NCTD. It has a democratically elected government which is accountable to the people of NCTD. Under the constitutional scheme envisaged in Article 239AA (3), NCTD was given legislative power which though limited, in many aspects is similar to States. In that sense, with addition of Article 239AA, the Constitution created a federal model with the Union of India at the centre, and the NCTD at the regional level. This is the asymmetric federal model adopted for NCTD. While NCTD remains a Union Territory, the unique constitutional status conferred upon it makes it a federal entity for the purpose of understanding the relationship between the Union and NCTD. In the spirit of cooperative federalism, the Union of India must exercise its powers within the boundaries created by the Constitution. NCTD, having a sui generis federal model, must be allowed to function in the domain charted for it by the Constitution. The Union and NCTD share a unique federal relationship. It does not mean that NCTD is subsumed in the unit of the Union merely because it is not a "State". [Extracted from Government of NCT of Delhi v. Union of India, 2023 SCC Online SC 606 (hereafter GNCTD Case)]

Question: Which of the following propositions are true for the holdings in the 2018 Constitution Bench judgment in Government of NCT of Delhi v. Union of India, (2018) 8 SCC 501?

Accepted Answer

There is no independent authority vested in the Lieutenant Governor to take decisions under Article 239AA of the Constitution.

Answer

The Lieutenant Governor applies their mind independently to matters concerning the National Capital Territory of Delhi.

Answer

The Lieutenant Governor has only partial independent authority to take decisions under Article 239AA of the Constitution.

Answer

The Council of Ministers has no independent authority under Article 239AA of the Constitution of India.

Question 3

Read the passage and answer the question.

Passage: "The essentials of an agreement to qualify as a mortgage by conditional sale can succinctly be broadly summarised. An ostensible sale with transfer of possession and ownership, but containing a clause for reconveyance in accordance with Section 58(c) of the Act, will clothe the agreement as a mortgage by conditional sale. The execution of a separate agreement for reconveyance, either contemporaneously or subsequently, shall militate against the agreement being mortgage by conditional sale. There must exist a debtor and creditor relationship. The valuation of the property and the transaction value along with the duration of time for reconveyance are important considerations to decide the nature of the agreement. There will have to be a cumulative consideration of these factors along with the recitals in the agreement, intention of the parties, coupled with other attendant circumstances, considered in a holistic manner." [Extracted from Vithal Tukaram Kadam v. Vamanrao Sawalaram Bhosale, (2018) 11 SCC 172. In the foregoing extract, `Act' refers to the Transfer of Property Act, 1882].

Question: Which of the following expresses the distinction between a `mortgage by conditional sale' and a `sale with a condition of repurchase'?

Accepted Answer

Both (A) and (B).

Answer

In a mortgage, the debt subsists and a right to redeem remains with the debtor; but, a sale with a condition of repurchase is not a lending and borrowing arrangement.

Answer

In a mortgage by conditional sale, generally the amount of consideration is far below the value of the property in the market; but, in a sale with a condition of repurchase, the amount of consideration is generally equal to or close to the value of the property.

Answer

None of the above.

Question 4

Read the passage and answer the question.

Passage: "... Thus, the correct position of law is that under Section 3(2) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 hereinafter referred to as Muslim Women Act, 1986, a divorcee can file an application before a Magistrate if her former husband has not paid to her a reasonable and fair provision and maintenance or mahr due to her or has not delivered the properties given to her before or at the time of her marriage by her relatives or friends or the husband or any of his relatives or friends. Under Section 3(3) of the Muslim Women Act, 1986, an order can be passed directing the former husband of the divorcee to pay to her such reasonable and fair provision and maintenance as deemed fit and proper having regard to the needs of the divorced woman, her standard of life enjoyed by her during her marriage and means of her former husband. The word "provision" used in Section 3 of the Muslim Women Act, 1986 indicates that something is provided in advance for meeting some needs. In other words, at the time of divorce, the Muslim husband is required to contemplate the future needs and make preparatory arrangements in advance for meeting those needs. "Reasonable and fair provision" may include provision for her residence, her food, her clothes, and other articles. In the case of Danial Latifi and another (supra), in Para-28, Hon'ble Supreme Court has fairly interpreted the provisions of Section 3 with regard to fair provision and maintenance and held that "it would extend to the whole life of the divorced wife unless she gets married for a second time"..." [Extract from Zahid Khatoon v. Nurul Haque Khan, MANU/UP/4310/2022].

Question: What preparatory arrangements is the Muslim husband required to make, according to the interpretation of Section 3 of the Muslim Act, 1986?

Accepted Answer

Contemplation of future needs and arrangements in advance.

Answer

Financial investments for the divorced woman to protect her future.

Answer

Provision for the divorced woman and her children.

Answer

Retroactive provision for the divorced woman's past present and future needs.

Question 5

Read the passage and answer the question.

Passage: 81. "There is no gainsaying that an able bodied youthful Jawan when physically assaulted by his superior may be in a state of provocation. The gravity of such a provocation may be heightened if the physical beating was meant to force him to submit to unnatural carnal intercourse to satisfy the superior's lust. The store room incident involving the appellant and the deceased is alleged to have taken place when the deceased had bolted the door of the store room to keep out any intruder from seeing what was happening inside. By any standard the act of a superior to humiliate and force his subordinate in a closed room to succumb to the lustful design of the former was a potent recipe for anyone placed in the appellant's position to revolt and retaliate against the treatment being given to him. What may have happened inside the store room if the appellant had indeed revolted and retaliated against the unbecoming conduct of the deceased is a matter of conjecture. The appellant or any one in his position may have retaliated violently to the grave peril of his tormentor. The fact of the matter, however, is that the appellant appears to have borne the assault without any retaliation against the deceased-superior and somehow managed to escape from the room...All that the evidence proves is that after the said incident the appellant was seen crying and depressed and when asked by his colleagues, he is said to have narrated his tale of humiliation at the hands of the deceased.... That appears to have happened in the present case also for the appellant's version is that he and his colleagues had planned to avenge the humiliation by beating up the deceased in the evening when they all assemble near the water heating point. That apart, the appellant attended to his normal duty during the day time and after the evening dinner, went to perform his guard duty at 2100 hrs." [Extracted from B.D Khunte v. Union of India, Criminal Appeal No. 2328 of 2014, para 12-13]. Which of the following are specific exceptions to Section 300, IPC 1860? (A) Private defence, Sudden fight without premeditation, consent. (B) Duress, Intoxication, private defence. (C) Grave and sudden provocation, private defence, Insanity. (D) Grave and sudden provocation, Exceeding the right of private defence in good faith, Sudden fight without premeditation. Ans. [D]

Question: Under which exception, it is expressly stated that it is immaterial which party offered the provocation?

Accepted Answer

Sudden Fight without premeditation

Answer

Grave and sudden provocation

Answer

Duress

Answer

Consent

Question 6

Read the passage and answer the question.

Passage: Alastair Hudson in his book `Securities Law' First Edition (Sweet & Maxwell), 2008 at page 342, refers to `Restricted Offers' and noticed that there is no contravention of Section 85 of FSMA 2000, if: "(b) the offer is made to or directed at fewer than 100 persons, other than qualified investors, per EEA State". The purpose underlying that exemption, the author says, is mainly the fact that the offer is not being made to an appreciable section of "the public" such that the policy of the prospectus rules generally is not affected. Further, the author says that "Self-evidently, while an offer to 99 ordinary members of the public would be within the literal terms of the exemption, it would not be the sort of activity anticipated by the legislation. Moreover, if a marketing campaign were arranged such that ordinary members of the people were approached in groups of 99 people at a time in an effort to avoid the prospectus rules, then that would not appear to be within the spirit of the regulations and might be held to contravene the core principle that a regulated person must act with integrity." I may, therefore, indicate, subject to what has been stated above, in India that any share or debenture issue beyond forty-nine persons, would be a public issue attracting all the relevant provisions of the SEBI Act, regulations framed thereunder, the Companies Act, pertaining to the public issue. Facts clearly reveal that Saharas have issued securities to the public more than the threshold limit statutorily fixed under the first proviso to Section 67(3) and hence violated the listing provisions which may attract civil and criminal liabilities. Principles of listing, which I may later on discuss, is intended to assist public companies in identifying their obligations and responsibilities, which are continuing in nature, transparent in content and call for high degree of integrity. Obligations are imposed on the issuer on an ongoing basis. Public companies who are legally obliged to list their securities are deemed to accept the continuing obligations, by virtue of their application, prospectus and the subsequent maintenance of listing on a recognized stock exchange. Disclosure is the rule, there is no exception. Misleading public is a serious crime, which may attract civil and criminal liability. Listing of securities depends not upon one's volition, but on statutory mandate. [Extract from Sahara India Real Estate Corporation Limited v. Securities and Exchange Board of India (SEBI), Para 89-91, Civil Appeal No. 9833/2011 (SC)]

Question: Which among the following is not considered as a `prospectus' under the Companies Act, 2013?

Accepted Answer

Private placement offer letter

Answer

Shelf prospectus

Answer

Red herring prospectus

Answer

Advertisement inviting offers from public

Question 7

Read the passage and answer the question.

Passage: In the realm of jurisprudence, the interplay between morality and legality is a complex and often contentious issue. While laws are designed to regulate human behavior and maintain social order, they may not always align with personal or societal moral values. This leads to a fundamental question: Should laws be based on moral principles, and if so, to what extent? One school of thought, known as legal moralism, asserts that the law should enforce moral values and prohibit actions that are considered immoral by society. Proponents argue that certain actions, such as murder or theft, are inherently wrong and that the law should reflect and enforce these moral judgments. However, legal moralism is not without its critics. They argue that enforcing moral values through the law can be overly intrusive, infringing on individual autonomy and diversity of thought. They contend that the law's primary role is to protect individual rights and maintain social order, not to impose moral values. On the other hand, the principle of legal neutrality posits that the law should remain neutral on matters of morality. This perspective asserts that the law's primary function is to protect individual rights and maintain order, and it should not be concerned with enforcing particular moral values. Legal neutrality allows for a more pluralistic and diverse society where individuals are free to live in accordance with their own moral values, as long as they do not infringe on the rights of others. Nevertheless, this perspective raises challenging questions. If the law remains morally neutral, it may tolerate actions that many find morally repugnant, such as hate speech or discrimination. This leads to a moral dilemma--whether it is morally justifiable for the law to allow such actions in the name of freedom and neutrality. These philosophical debates highlight the complexity of balancing morality and legality within a legal system. They challenge us to consider the appropriate role of the law in shaping and reflecting societal values.

Question: What is the central tenet of legal neutrality?

Accepted Answer

The law should remain morally neutral.

Answer

The law should enforce moral values.

Answer

The law should prioritize individual rights over morality.

Answer

The law should regulate all aspects of individual behavior.

Question 8

Read the passage and answer the question.

Passage: The doctrine of promissory estoppel is by now well recognized and well defined by a catena of decisions of this Court. Where the Government makes a promise knowing or intending that it would be acted on by the promise and, in fact, the promise, acting in reliance on it, alters his position, the Government would be held bound by the promise and the promise would be enforceable against the Government at the instance of the promise notwithstanding that there is no consideration for the promise and the promise is not recorded in the form of a formal contract as required by Article 229 of the Constitution. The rule of promissory estoppel being an equitable doctrine has to be moulded to suit the particular situation. It is not a hard-and-fast rule but an elastic one, the objective of which is to do justice between the parties and to extend an equitable treatment to them. This doctrine is a principle evolved by equity, to avoid injustice and though commonly named promissory estoppel, it is neither in the realm of contract nor in the realm of estoppel. For application of the doctrine of promissory estoppel the promise must establish that he suffered in detriment or altered his position by reliance on the promise. Normally, the doctrine of promissory estoppel is being applied against the Government and defence based on executive necessity would not be accepted by the court. However, if it can be shown by the Government that having regard to the facts as they have subsequently transpired, it would be inequitable to hold the Government to the promise made by it, the court would not raise an equity in favour of the promise and enforce the promise against the Government. Where public interest warrants, the principles of promissory estoppel cannot be invoked. The Government can change the policy in public interest. However, it is well settled that taking cue from this doctrine, the authority cannot be compelled to do something which is not allowed by law or prohibited by law. There is no promissory estoppel against the settled proposition of law. Doctrine of promissory estoppel cannot be invoked for enforcement of a promise made contrary to law, because none can be compelled to act against the statute. Thus, the Government or public authority cannot be compelled to make a provision which is contrary to law. [Extract from the judgment of the Supreme Court in Shree Sidhbali Steels Limited v. State of Uttar Pradesh, (2011) 3 SCC 193, decided on January 20, 2011, hereafter `Shree Sidhbali Steels'].

Question: Which of the following statements is accurate in light of the passage?

Accepted Answer

The doctrine of promissory estoppel stands diluted where the Government claims that it is in the public interest to go back on its promise or actions.

Answer

The doctrine of promissory estoppel overrides any purported claims of public interest by the Government.

Answer

Permitting a public interest exception is against the interests of justice, equity and good conscience as it is a selfserving claim for the Government.

Answer

Both (B) and (C).

Question 9

Read the passage and answer the question.

Passage: The consensual structure of the international legal order, with its strong emphasis on the sovereign equality of states, has always been somewhat precarious. In different waves over the centuries, it has been attacked for its incongruence with the realities of inequality in international politics, for its tension with ideals of democracy and human rights, and for standing in the way of more effective problem-solving in the international community. While surprisingly resilient in the face of such challenges, the consensual structure has seen renewed attacks in recent years. In the 1990s, those attacks were mainly "moral" in character. They were related to the liberal turn in international law, and some of them, under the banner of human rights, aimed at weakening principles of nonintervention and immunity. Others, starting from the idea of an emerging "international community," questioned the prevailing contractual models of international law and emphasised the rise of norms and processes reflecting community values rather than individual state interests. Since the beginning of the new millennium, the focus has shifted, and attacks are more often framed in terms of effectiveness or global public goods. Classical international law is regarded as increasingly incapable of providing much-needed solutions for the challenges of a globalized world; as countries become ever more interdependent and vulnerable to global challenges, an order that safeguards states' freedoms at the cost of common policies is often seen as anachronistic. According to this view, what is needed-and what we are likely to see-is a turn to nonconsensual lawmaking mechanisms, especially through powerful international institutions with majoritarian voting rules. [The extract is part of the article "The Decay of Consent: International Law in an Age of Global Public Goods" by Krisch N, in the American Journal of International Law].

Question: Extract refers to several institutions with law-making power. Security Council may be one such institution. Which of the following statements is not true with respect to the Security Council?

Accepted Answer

Decisions of the Security Council on procedural shall be made by an affirmative vote of nine members, including the concurring votes of the permanent members.

Answer

Each member of the Security Council shall have one vote.

Answer

Decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members.

Answer

Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members, including the concurring votes of the permanent members, provided that, in decisions under Chapter VI and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting.

Question 10

Read the passage and answer the question.

Passage: 81. "There is no gainsaying that an able bodied youthful Jawan when physically assaulted by his superior may be in a state of provocation. The gravity of such a provocation may be heightened if the physical beating was meant to force him to submit to unnatural carnal intercourse to satisfy the superior's lust. The store room incident involving the appellant and the deceased is alleged to have taken place when the deceased had bolted the door of the store room to keep out any intruder from seeing what was happening inside. By any standard the act of a superior to humiliate and force his subordinate in a closed room to succumb to the lustful design of the former was a potent recipe for anyone placed in the appellant's position to revolt and retaliate against the treatment being given to him. What may have happened inside the store room if the appellant had indeed revolted and retaliated against the unbecoming conduct of the deceased is a matter of conjecture. The appellant or any one in his position may have retaliated violently to the grave peril of his tormentor. The fact of the matter, however, is that the appellant appears to have borne the assault without any retaliation against the deceased-superior and somehow managed to escape from the room...All that the evidence proves is that after the said incident the appellant was seen crying and depressed and when asked by his colleagues, he is said to have narrated his tale of humiliation at the hands of the deceased.... That appears to have happened in the present case also for the appellant's version is that he and his colleagues had planned to avenge the humiliation by beating up the deceased in the evening when they all assemble near the water heating point. That apart, the appellant attended to his normal duty during the day time and after the evening dinner, went to perform his guard duty at 2100 hrs." [Extracted from B.D Khunte v. Union of India, Criminal Appeal No. 2328 of 2014, para 12-13]. Which of the following are specific exceptions to Section 300, IPC 1860? (A) Private defence, Sudden fight without premeditation, consent. (B) Duress, Intoxication, private defence. (C) Grave and sudden provocation, private defence, Insanity. (D) Grave and sudden provocation, Exceeding the right of private defence in good faith, Sudden fight without premeditation. Ans. [D]

Question: Which of the following is a proviso to the exception of Grave and Sudden Provocation?

Accepted Answer

Provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant.

Answer

Provocation has to be grave and sudden.

Answer

Provocation has to be enough to lose self-control.

Answer

All of the above.

Question 11

CLAT PG 2024 Question Paper with Answers