CLAT PG 2023 Question Paper with Solutions - Download Answer Key PDF

The Common Law Admission Test for Postgraduate Programs (CLAT PG) is an annual national-level admission test in India. Designed for law graduates aspiring to pursue Master of Laws (LL.M) programs, the CLAT PG 2023 Question Paper evaluates candidates on various aspects of law, including Constitutional Law, Jurisprudence, and other significant areas of legal study. This examination is a gateway to premier National Law Universities (NLUs) across the country, as well as other esteemed institutions that recognize CLAT PG scores for admission. CLAT PG 2023 Question Papers was comparatively on the easier side and the cut-off for this examination went 80+.

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1. CLAT PG 2023 Question Paper with Answer Key & Detailed Solutions PDF
2. You may also check the previous year's question paper with detailed solutions:
3. Exam Pattern of CLAT PG 2023 Question Paper:
4. Section-wise Analysis of CLAT PG 2023
5. CLAT PG 2023 Question Paper and Answer
6. Conclusion

CLAT PG 2023 Question Paper with Answer Key & Detailed Solutions PDF

You may also check the previous year's question paper with detailed solutions:

• CLAT PG 2024 Question Paper with Detailed Solutions
• CLAT PG 2022 Question Paper with Detailed Solutions
• CLAT PG 2021 Question Paper with Detailed Solutions
• CLAT PG 2020 Question Paper with Detailed Solutions

Exam Pattern of CLAT PG 2023 Question Paper:

1. The paper comprised 12 passages, each with 10 questions. Overall, the paper was not very lengthy and was manageable. Only a few questions were based on case laws, and these were not recent.

2. In 2023, the paper deviated from the established pattern. There were more application-based questions than direct questions related to legal provisions and case laws.

3. The test also included problem-based questions, many of which could be answered using information from the passages. It was a mix of direct and analytical questions, requiring both factual knowledge and a deeper understanding of legal concepts.

4. The case laws in the questions were not from recent years.

5. In 2023, the paper did not focus on contemporary issues. There were no questions on Family Law, Jurisprudence, or Torts. Only one passage dealt with a recent issue, specifically the Russia-Ukraine war.

6. As the paper was relatively easy, the ideal attempt range would be 90-100 questions. However, this could be influenced by the length of the passages.

7. This year’s examination placed greater emphasis on understanding the basics of law, which proved helpful in solving application-based questions. The exam tested the candidates' legal comprehension.

8. A key recommendation is to be well-versed in landmark judgments, as they can be crucial in answering both direct and application-based questions.

Section-wise Analysis of CLAT PG 2023

1. Constitutional Law- Constitutional Law, as expected, formed a significant portion of the CLAT PG 2023 question paper. This section tested candidates' understanding of fundamental rights, directive principles, and the basic structure of the Constitution. The questions were a mix of conceptual and application-based, requiring candidates to analyze scenarios in the context of constitutional provisions. They were direct questions and the passage was based on Indian Young Lawyers Association vs The State Of Kerala, Article 17, Ordinance and Emergency.

2. Criminal Law- Criminal Law, including both substantive and procedural aspects, was well-represented in the paper. The focus was on key areas like the Indian Penal Code (IPC) and the Criminal Procedure Code (CrPC), with an emphasis on recent developments and case laws. The questions based on this area were difficult. The passage was based on topics such as FIR and Lalita Kumari's Judgement.

3. Jurisprudence- Jurisprudence, being a cornerstone of legal theory, was another crucial part of the examination. This section tested candidates' understanding of various schools of legal thought, theories of justice, and the role of law in society. In CLAT PG 2023 as well, this section formed a major area from which questions were asked. Conceptual questions on Natural Law, Legal Positivism, Realism, and critical theories of law were prominent. Some questions also asked candidates to apply jurisprudential concepts to contemporary legal issues.

4. Contract Act- Contract Law, a fundamental area of commercial law, was also tested thoroughly. The questions needed a thorough grasp of contract formulation, performance, breach, and remedies. This part included application-based questions about the Indian Contract Act, including scenarios involving breach of contract and specific performance of contract.

5. Corporate Law- Corporate law is becoming increasingly important in today's corporate legal context, and the CLAT PG 2023 question paper reflects this. The questions required applicants to have a thorough understanding of the Companies Act of 2013, covering corporate governance and shareholder rights. The test questions required an analysis of legislation relating to directors' duties, minority shareholder protection, and recent company law reforms.

6. Miscellaneous Law- This section also addressed other legal issues, such as environmental law, intellectual property rights, and international law. The questions were varied, challenging applicants on recent advancements and the application of legislation in various areas.

CLAT PG 2023 Question Paper and Answer

I. An unpleasant tussle ensured between the TATA Sons and Cyrus Pallonji Mistry ("CPM") in October 2016, when Mistry, who was the sixth chairman of Tata Sons, was ousted from the position of Executive Chairman of Tata Sons Limited. CPM took over as the chairman in 2012 after Ratan Tata announced his retirement. Tata Group patriarch Ratan Tata had personally asked Cyrus Mistry to resign as chairman of Tata Sons as the board had lost faith in him, but his refusal led to the removal via majority vote. Cyrus Investments Private limited and Sterling Investment Corporation Private Limited belonged to the Shapoorji Palloni Group in which CPM held a controlling interest (about 2\% of the issued share capital of Tata Sons). Seven out of the nine directors of Tata Sons voted for CPM's replacement after Farida Khambata abstained and Mistry was declared ineligible to vote as he was an interested director. Mistry challenged his removal, accusing the board of mismanagement and of oppressing minority shareholders. however, the National Company Law Tribunal (NCLT) rejected his petition. After this Mistry challenged his removal in National Company Law Appellate Tribunal (NCLAT). In 2018, NCLAT order restored Mistry as the group's executive chairman. Tata Sons challenged that NCLAT order in Supreme Court. CPM also challenged the order for few more relief. Supreme Court stayed NCLAT's order reinstating Cyrus Mistry as the executive chairman of Tata Sons and restoring his directorships in the holding company as well as three group companies, with a preliminary observation that the first impression of the order was "not good" and that the tribunal 'could' not have given consequential relief that had not been sought in the first place. Ultimately, the Supreme Court decided the case in favour of Tata Sons. One of the issues decided by Supreme Court was that "whether the case was fit to be qualified as a situation of 'Oppression and Mismanagement' under Section 241 of the Companies Act, 2013?'. On this issue, the Supreme Court observed that "unless the removal of a person as a chairman of a company is oppressive or mismanaged or done in a prejudicial manner damaging the interests of the company, its members or the public at large, the NCLT cannot interfere with the removal of a person as a Chairman of a Company in a petition under Section 241 of the Companies Act, 2013." This case highlighted the point that "an executive chairman does not have sovereign authority over the company. In corporate democracy, decision making always remains with the Board as long as they enjoy the pleasure of the shareholders. Likewise, an executive chairman will continue as long as he/she enjoys the pleasure of the Board. An assumption by the executive chairman that he/she would have a free hand in running the affairs of the company is incongruous to corporate governance and corporate democracy. The Tribunal held that the concept of 'free hand rule' is antithesis to collective responsibility and collective decision making".

[Based on Tata Consultancy Services Ltd. v. Cyrus Investment Pvt. Ltd., 2021 SCC 122].

1. The parties in this case approached the Supreme Court of India under which of the following provision:

(A) Appeal under section 423 of the Companies Act, 2013.

(B) A Class Action Suit under Section 245 of the Companies Act, 2013.

(C) Special Leave Petition (SLP) under Article 136 of the Constitution of India.

(D) Appeal under section 421 of the Companies Act, 2013.

Explanation - (C) Special Leave Petition (SLP) under Article 136 of the Constitution of India. Explanation: This is correct as SLP under Article 136 is the Supreme Court's discretionary power to hear appeals against any court or tribunal's decision in India.

2. Rule of 'supremacy of majority' in governing the affairs of a company has been settled in a very old leading case of Foss v. Harbottle (1843) 2 Hare 461. In India, which case diluted the majority rule and held that interest of the company was above the interest of its shareholders either majority or minority?

(A) Rajahmundry Electric Supply Corporation Ltd. v. A. Nageshwara Rao

(B) Bagree Cereals v. Hanuman Prasad Bagri.

(C) Shanti Prasad Jain v. Kalinga Tubes Ltd.

(D) Needle Industries (India) Ltd. v. Needle Industries Newey (India).

Explanation - (D) Needle Industries (India) Ltd. v. Needle Industries Newey (India) Holding Ltd. Explanation: This is correct because it emphasized that the company's interests prevail over the majority's interests, establishing a precedent for protecting minority shareholders and the company itself.

3. While recommending "Separation of the Roles of Non-executive Chairperson and Managing Director/ CEO", the Kotak Mahindra Committee quoted the following text: "given the importance and the particular nature of the chairmen's role, it should in principle be separate from that of the chief executive. If the two roles are combined in one person, it represents a considerable concentration of power". This quote refers to which of the following Committee Report?

(A) Cohen Committee Report

(B) Cadbury Committee Report

(C) Hampel Committee Report

(D) Narayana Murthy Committee Report

Explanation - (B) Cadbury Committee Report Explanation: Correct because the Cadbury Committee Report is known for its recommendations on corporate governance, including the separation of the roles of the chairperson and CEO/MD.

4. Which of the following statement is true regarding share qualification requirement under section 244 for applying for relief from oppression/ mismanagement under section 241 of the Companies Act, 2013 (in the case of a company having a share capital)?

(A) Members not less than 100 members of the company or $10 \%$ of the total number of its members, whichever is less or any member or members holding not less than $10 \%$ of the issued share capital of the company.

(B) Members not less than 100 members of the company and $10 \%$ of the total number of its members or members holding not less than $10 \%$ of the issued share capital of the company.

(C) Not less than 20\% of the total number of its members.

(D) Members not less than 50 members of the company and 5\% of the total number of its members or members holding not less than $5 \%$ of the issued share capital of the company.

Explanation: This is the accurate requirement under section 244 for members to apply for relief under section 241, providing two pathways based on the number of members or the percentage of issued share capital they hold.

5. Statement I - Power to grant relief from oppression/mismanagement which were vested by section 402 of the 1956 Act in High Court have now been transferred to the National Company Law Tribunal by section 242 of the 2013 Act.

Statement II - Section 242 does not empower National Company Law Appellate Tribunal to grant relief by way of prevention of apprehended mismanagement of the company due to material change which has taken place in its management or control.

(A) Statement 1 is untrue

(B) Statement II is untrue

(C) Both Statements I and II are untrue

(D) Both Statements I and II are true

Explanation: Statement I: True, as the Companies Act of 2013 shifted the jurisdiction for these matters from the High Courts to the NCLT, reflecting a significant change in handling cases of oppression and mismanagement. Explanation for Statement II: Also true, as Section 242 focuses on addressing actual instances of oppression or mismanagement rather than preemptive action based on potential future mismanagement.

Conclusion

Overall, the exam was extensive and covered a variety of familiar and unfamiliar subjects, although it did not depart significantly from previous patterns. A well-rounded preparation plan, high reading comprehension, and the capacity to deal with both traditional and new question styles were essential for CLAT PG 2023 success.

You may also check:

• CLAT PG Books
• How To Prepare For CLAT PG
• CLAT PG Mock Test
• CLAT PG Previous Year Question Paper
• CLAT PG Study Material