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Important Amendments for CLAT 2025

Important Amendments for CLAT 2025

Edited By Team Careers360 | Updated on Oct 25, 2024 08:10 AM IST | #CLAT

The Constitution of India provides for the amendment of its provisions through a specific process laid out in Article 368. An amendment in the Indian Constitution refers to any change or modification made to the original document. So through this article, lets understand some important amendments for CLAT exam.

Process of amending the Indian Constitution

The process of amending the Indian Constitution involves the following steps:

1. Proposal: An amendment can be proposed by either the Parliament or the state legislatures. If it is proposed in the Parliament, it can be initiated by either house (Lok Sabha or Rajya Sabha). In the case of a state legislature, the amendment can be initiated in either house of that particular state's legislature.

2. Approval: Both houses of Parliament must vote in favour of the proposed amendment with a special majority. A special majority requires a two-thirds majority of the members who are present and voting, as well as a majority of at least two-thirds of the members who are present and voting, in order to pass a measure in each chamber.

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3. Ratification: Once the amendment is passed by Parliament, it must be ratified by the states. This ratification is done by the state legislatures, with a simple majority (a majority of the members present and voting). However, if the amendment seeks to make changes in certain specific areas known as "federal provisions," it requires ratification by at least half of the state legislatures.

4. Presidential Assent: Finally, after being passed by Parliament and ratified by the states (if required), the amendment needs to receive the assent of the President of India. The President's assent is mandatory, and without it, the amendment cannot become a part of the Constitution.

Also check - What is Arbitration in Law
Once these steps are completed, the amendment becomes part of the Indian Constitution.

List of important amendments for CLAT

When preparing for the CLAT 2025 exam, there have been several important amendments made to the Indian Constitution since its adoption in 1950. These amendments have played a critical role in shaping the structure, powers, and functions of the government, as well as in protecting the rights and liberties of the citizens of India. Here are some of the important amendments of CLAT in detail, along with case studies and a brief history of each:

1. First Amendment (1951)

The First Amendment was made to address certain judicial interpretations that challenged the scope of the powers of the state to regulate freedom of speech and expression. It introduced restrictions on free speech to ensure public order, decency, and morality. It also added new grounds for restricting freedom of expression, such as defamation, incitement to an offence, and contempt of court. The amendment was introduced in response to the Court's decision in the Romesh Thappar vs. State of Madras case (1950), where the Court struck down state legislation that curtailed freedom of speech.

2. Fourth Amendment (1955)

The Fourth Amendment sought to rectify the provisions related to property rights that were struck down in the state acquisition laws by the Supreme Court in the case of State of West Bengal vs. Bela Banerjee (1954). The amendment allowed the state to acquire private properties for public purposes but with payment of just and adequate compensation.

3. Twenty-Fourth Amendment (1971)

The Twenty-Fourth Amendment was introduced to counter the Supreme Court's decision in the Golaknath vs. State of Punjab case (1967), where the Court held that Parliament cannot amend fundamental rights provisions. This amendment clarified that Parliament has the power to amend any provision of the Constitution, including fundamental rights, and such amendments would not be subject to judicial review.

4. Forty-Second Amendment (1976)

The Forty-Second Amendment, also known as the "Mini-Constitution," made several significant changes to the Constitution. It introduced the terms "socialist" and "secular" in the preamble, increased the power of the government to make laws in the interest of public order, security, and sovereignty, and restricted the scope of judicial review. The amendment was a response to the Emergency imposed by the government from 1975 to 1977. It was heavily criticised for its authoritarian nature and was substantially amended after the emergency was lifted.

5. Seventy-Third Amendment (1992)

The Seventy-Third Amendment aimed to decentralise power and strengthen local self-government in rural areas by adding a new Part IX to the Constitution, which contains provisions for the Panchayati Raj system. This amendment provided constitutional status to Panchayats, ensuring their democratic functioning and decentralised decision-making. It sought to empower rural communities and promote grassroots democracy.

6. Ninety-Fifth Amendment (2010)

The Ninety-Fifth Amendment aimed to protect the rights of scheduled castes and scheduled tribes by introducing a new provision, Article 338B, which established a National Commission for Scheduled Tribes (NCST). The amendment enhanced the powers of the NCST and provided for its composition, functions, and responsibilities. This amendment was in response to the need for better protection and welfare of scheduled tribes in India.

These are just a few examples of the important amendments in the Indian Constitution. Each amendment has its historical context, case studies, and impacts on the legal and political landscape of India. CLAT aspirants need to study these amendments in detail to have a comprehensive understanding of the Indian Constitution and its evolution.

Also check - Relationship Between Constitutional Law and Administrative Law

Some other Amendments for CLAT

  • The 44th Amendment (1978) reversed several elements of the 42nd Amendment, notably the restoration of some fundamental rights and prohibitions against the abuse of emergency measures.

  • The 52nd Amendment (1985) established the Anti-Defection Law, which disqualified members of Parliament and state legislatures.

  • The 61st Amendment (1989) reduced the voting age from 21 to 18 years for Lok Sabha and state legislative assembly elections.

  • The 86th Amendment (2002) established education as a fundamental right for children aged 6 to 14 years (Article 21A) and imposed an obligation on parents to offer educational opportunities (Article 51A).

  • The 91st Amendment (2003) limited the size of the Council of Ministers to 15% of the entire strength of the legislative house and tightened the Anti-Defection Law.

  • The 99th Amendment (2014) established the National Judicial Appointments Commission (NJAC) for judicial appointments, which was eventually found illegal.

  • The 100th Amendment (2015) implements the land border agreement between India and Bangladesh, trading enclaves between the two nations.

  • The 101st Amendment (2016) introduced the Goods and Services Tax (GST), a significant modification to India's tax structure.

  • The 103rd Amendment (2019) provided for a 10% reservation in government positions and educational institutions for economically vulnerable sectors.

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103rd constitutional amendment overview:

The Economically Weaker Sections (EWS) of Society (EWS) Reservist Act, 2019, also known as the 103rd Constitutional Amendment, was passed to provide an EWS reservation in public employment and higher education institutions. The amendment is described in detail below:

1. Background: Prior to the 103rd Amendment, the Constitution guaranteed reservations for OBCs, Scheduled Tribes, and Scheduled Castes in public employment and education. In the famous Indra Sawhney v. Union of India case (1992), the Supreme Court set a limit of 50% on the total number of reservations. The 103rd Amendment aimed to provide reservation benefits to economically weaker sections, who did not fall under the existing reservation categories.

2. The 103rd Amendment added new provisions to Article 15 and Article 16 of the Constitution, introducing a reservation for EWS. Any economically underprivileged group of individuals may be given special consideration for admission to educational institutions, including private colleges that are aided or unaided and are not minority educational institutions, according to Article 15(6). The economically disadvantaged sectors were to be given preference in initial appointments or promotions in public work, according to Article 16(6).

3. Determination of EWS: The amendment designated the economically weaker sections as individuals who are not included in any other reservations and have an annual income that is lower than a certain amount, which was later decided by the state governments. The relevant state administrations and union territories were left to determine the precise requirements for income and assets.

4. Reservation Amount: The amendment does not state the precise quota or reservation percentage for EWS. The amount of reservations and the type of benefits were left up to the discretion of the state and union territory governments. There was a clause in it, too, that said reservations made following the modification couldn't account for more than 10% of available seats or open positions.

5. Issues and Validity: Detractors claim that the 103rd Amendment violates the Constitution's fundamental principles and goes above the 50% limit on reservations imposed by the Supreme Court in the Indra Sawhney case. In the case of Jarnail Singh v. Lachhmi Narain Gupta (2020), a Supreme Court Constitution Bench supported the amendment, ruling that the 50% cap on reservations can be breached in exceptional cases and to attain social justice and equality.

6. Application: Different states and union territories applied the reserve differently to the economically disadvantaged groups. Each state and union territory has established its own standards for calculating EWS assets and income, as well as the proportion of reservations in public jobs and educational institutions.

With the inclusion of reservations based on economic criteria to the already-existing reservations based on social categories, the 103rd Amendment has broadened the definition of reservation in India. The challenges of underrepresentation and lack of opportunities for economically disadvantaged groups have been addressed. However, there is still observation and discussion surrounding the efficacy and impact of this reservation scheme.

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The Mini Constitution 42nd Amendment

The 42nd Constitutional Amendment, also known as the Mini Constitution, was a significant amendment to the Indian Constitution and can be considered one of the important amendments for CLAT. It was enacted in 1976 during the emergency period. It introduced several changes that had a far-reaching impact on various aspects of governance and the balance of power between the executive and the judiciary. Here is an insight into the key provisions and consequences of the 42nd Amendment:

1. Background

The amendment was brought during the tenure of Prime Minister Indira Gandhi, when the country was under a state of emergency. The government had a strong majority in the Parliament and used this opportunity to implement several changes to consolidate power in the executive branch.

2. Strengthening the Center

One of the prominent features of the 42nd Amendment was the strengthening of the central government's authority. It enhanced the power and immunities of the Prime Minister's office and made it difficult to challenge government actions during the emergency period. It curtailed the jurisdiction of the judiciary and limited the power of the judiciary to review the executive's actions.

3. Fundamental Rights

The amendment substantially altered the provisions related to fundamental rights. It introduced the concept of "reasonable restrictions" on the exercise of fundamental rights, giving the government broader control over individual freedoms. The amendment also amended Article 31 to curtail or eliminate the right to private property.

4. Directive Principles of State Policy

The directive principles of state policy, which are non-justiciable in nature, were given precedence over fundamental rights. This meant that in case of any conflict between the two, the directive principles would prevail. It aimed to prioritise social welfare and state control over individual rights.

5. Preamble

The amendment changed the Preamble of the Constitution, which reflects the ideals and aspirations of the people of India. It emphasised the values that the state should uphold and promoted a socialist and secular worldview by adding the words "Socialist" and "Secular" to the Preamble.

6. Election Commission

The amendment altered the appointment and removal procedures for the Election Commission. It made the Chief Election Commissioner and other Election Commissioners removable by the President based on the advice of the Council of Ministers, thereby reducing their independence.

7. Other Changes

The amendment also made several other changes, including the abolition of the right to property as a fundamental right, restriction on the power of the judiciary to review constitutional amendments, restriction on the power of the President to refer bills for Supreme Court's consideration, and changes to the tenure and appointment procedures of state governors.

8. Criticism and Repeal

The 42nd Amendment was widely criticised for undermining the principles of democracy, curbing individual rights, and increasing the central government's powers. The 44th Constitutional Amendment Act of 1978 removed the 42nd Amendment after the state of emergency ended and a new administration came into power. The repeal aimed to restore the balance of powers between different organs of the state and restore the original intent of the Constitution.

While the 42nd Amendment brought significant changes to the Indian Constitution, it has been largely seen as a period of authoritarian rule, where fundamental rights and democratic principles were compromised. The repeal of the amendment highlights the importance of maintaining a balance of power and upholding the principles of democracy and individual rights.

Frequently Asked Questions (FAQs)

1. What is the 102 amendment?

The 102nd Amendment Act of 2018 to the Indian Constitution, gave the National Commission for Backward Classes (NCBC) constitutional stature. Furthermore,it empowered the President to identify the socially and educationally underprivileged people in various states and union territories after conferring with the governor of that state.However, if the list of underprivileged classes is to be changed, a bill of Parliament will be needed.The change was approved by the Indian Parliament on December 19 and went into effect on January 1 of 2019. Following the 101st Amendment in 2016, it was the first constitutional amendment ratified in India.

2. What is the 105th amendment?

The 105th Amendment of the Constitution of India, officially known as the Constitution (One Hundred and Fifth Amendment) Act, 2021, restored the power of State governments to identify socially and educationally backward classes (SEBCs). In India, the State can make "special provisions" or use affirmative action for populations that fall under the SEBC category, which includes the categories often referred to as Other Backward Classes (OBCs).

Here are some of the 105th Amendment's main clauses:

  • It reinstates State governments' authority to designate SEBCs.

  • It specifies that the President may only notify the list of SEBCs for Central Government reasons.

  • Every State and Union Territory is given the option to create its own list of SEBCs, which may differ from the Central List.

  • It claims that the distinct State lists are exempt from the authority and duties of the National Commission for Backward Classes, including its mandate to be consulted on all questions of policy and its obligation to recognise SEBCs.

3. What are the 5 most important amendments?
  1. 42nd Amendment (1976)

  2. 44th Amendment (1978)

  3. 73rd Amendment (1992)

  4. 74th Amendment (1992)

  5. 102nd Amendment (2018)

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Questions related to CLAT

Have a question related to CLAT ?

Hello,

Since you’ve cracked CLAT UG and are moving to another law college, you need to submit the **Transfer Certificate (TC)** from your current institution, BHU. The TC from your school (class 12) is no longer required as you are already enrolled in another higher education institution. Ensure you get the TC from BHU, as it is a crucial document for the transfer and admission process at your new college.

Hy,

  1. For CLAT (Common Law Admission Test) : No, it is not mandatory to have mathematics in Class 12 to apply for CLAT. CLAT is the entrance exam for undergraduate law programs (BA LLB, BBA LLB, etc.) in National Law Universities (NLUs) across India. The eligibility criteria for CLAT UG simply require you to have passed Class 12 with at least 45% marks (40% for reserved categories). The test itself includes a section on quantitative techniques, but it covers basic mathematics (up to Class 10 level), so you don't need to have studied math in Class 12.

  2. For Law Programs via CUET (Common University Entrance Test) : Similar to CLAT, maths is not mandatory for applying to law programs through CUET. CUET offers access to various central universities and other participating institutions for undergraduate courses, including law. The eligibility typically revolves around having passed Class 12 with a minimum percentage as set by the individual university or program. However, different universities may have slightly varied requirements, so it's advisable to check the specific eligibility criteria of the law program you’re interested in. Most of them, however, do not mandate mathematics as a subject in 12th.

In conclusion, while basic math skills are tested in the CLAT, math is not a required subject in Class 12 for either CLAT or most CUET-based law programs.

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Thank you for your interest in our CLAT preparation resources. We appreciate your query about accessing free recorded CLAT classes.

To watch a free CLAT recorded class from Careers360, you can follow these steps:

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  3. Look for any available free resources or demo classes

However, I want to be upfront and say that I'm not entirely certain about the current availability of free recorded CLAT classes on our platform. Our offerings may have changed recently.

For the most up-to-date information, I'd recommend:

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They'll be able to provide you with the most current details about our CLAT preparation resources, including any free classes or materials we're currently offering.

Is there anything specific about CLAT preparation you're looking for help with? We'd be glad to assist you further.

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One such way to watch free CLAT coaching recorded sessions is by finding sites that provide free law entrance preparation resources. YouTube, for example has many channels offering free CLAT coaching; some of these sites even offer recorded lectures in legal reasoning, current affairs, and logical reasoning, among others. Some of the free sessions can be accessed quickly through such channels as LegalEdge or LawPrep Tutorial.

You can also look out for free online portals like Unacademy, where it offers free recorded sessions on a regular basis, especially when it is in their promotional period. Also, many websites offering law school prep have a free trial or even demo session which includes recorded material.

And finally, scroll across the entrance forums or groups from social media sites like Telegram or Facebook, in which members can share the links of free recorded classes and study materials. Keep an eye on special events: some coaching institutes offer free access to recordings when they conduct webinars or workshops.

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Yes, the recorded video for CLAT preparation can be sent through the medium of WhatsApp, if only the video file size does not exceed the 2GB limit on WhatsApp. In case the video file size exceeds more than 2 GB, there are options for compressing the video and, at the same time, sharing the link through Google Drive or Dropbox after uploading it there and sending the link through WhatsApp.

Many coaching institutes and online study material platforms also record lectures so the same can be shared with students through WhatsApp. WhatsApp also provides students the facility of having all these materials anytime of the day. Where compressing video quality reduces, it may need to be left at cloud storage links. Sharing educational contents through a WhatsApp group ensures getting the answers or information they need to study and do their homework. Students can discuss topics about education with peers in these groups.

Passage 1
Read the passage below and answer the following question.
Cheating is considered a criminal offence under the Indian Penal Code. It is done to gain profit or advantage from another person by using some deceitful means. The person who deceives another knows for the fact that it would place the other person in an unfair situation. Cheating as an offence can be made punishable under Section 420 of the IPC. Scope of Section 415 Cheating is defined under Section 415 of the Indian Penal Code as whoever fraudulently or dishonestly deceives a person to induce that person to deliver a property to any person or to consent to retain any property. If a person intentionally induces a person to do or omit to do any act which he would not have done if he was not deceived to do so and the act has caused harm to that person in body, mind, reputation, or property, then the person who fraudulently, dishonestly or intentionally induced the other person is said to cheat. Any dishonest concealment of facts that can deceive a person to do an act that he would not have done otherwise is also cheating within the meaning of this section. Essential Ingredients of Cheating requires · deception of any person. Fraudulently or dishonestly inducing that person to deliver any property to any person or to consent that any person shall retain any property; or · intentionally inducing a person to do or omit to do anything which he would not do or omit if he were not so deceived, and the act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property.
Deceit– a tort arising from an untrue or false statement of facts which are made by a person, recklessly or knowingly, with an intention that it shall be acted upon by the other person, who would suffer damages as a result. 
Fraud – a false or untrue representation of the fact, that is made with the knowledge of its falsity or without the belief in its truth or a reckless statement that may or may not be true, with an intention to induce a person or individual to act independent of it with the result that the person acts on it and suffers damages and harm. In other words, it is a wrong act or criminal deception with an intention to result in financial or personal gain.
Question - 1 
D went to a moneylender, Z, for the loan. D intentionally pledges the gold article with Z taking the loan. D knows that the article is not made of gold. After a few days, D leaves the village. Decide.

 

Option: 1 None

Option: 2 None

Option: 3 None

Option: 4 None

Read the passage carefully and answer the question

The Contract should be performed by the promisor himself. However, in certain cases, it can also be performed by his agents or legal representatives. It all depends upon the intention of the parties. Normally a contract can be performed by the following persons. 

  1. Promisor himself: If from the nature of the contract it appears that it was the intention of the parties that the promise should be performed by the promisor himself, such promise must be performed by the promisor. This usually applies to contracts involving personal skill, task, or artwork. 
  2. Promisor or his Agent: Where the contract does not involve the personal skill of the promisor, the contract could be performed by the promisor himself or by any competent person employed by him for the purpose, 
  3. Legal Representatives: The contracts which do not involve any personal skill or taste, may be performed by his legal representative after the death of the promisor.
  4. Third Person: In some cases, a contract may be performed by a third person provided the promisee accepts the arrangement. According to Section 41 of the Indian Contract Act, once the promisee accepts the performance from a third person, he cannot compel the promisor to perform the contract again. 
  5. Performance of Joint Promises: According to section 42 of the Indian Contract Act, when two or more persons have made a joint promise, the joint promisors must fulfill the promise jointly during their lifetime. And if any one of them dies, then his legal representatives and survivors must jointly fulfill the promise. 

Section 43 of the Indian Contract Act further provides that unless a contrary intention appears from the contract, each joint promisor may compel every other joint promisor to contribute equally to the performance of the promise. If any joint promisor makes a default in such contribution, the remaining joint promisors must bear the loss arising from such default in equal shares.

Question:

Aman received a box of chocolates from Basant and promised to pay Rupees 5000. Later on, A becomes bankrupt. Chetan who is a friend of Aman pays rupees 1000 to Besant on behalf of Aman. Aman is not aware of such a transaction. In civil court, insolvency proceedings have started against Aman. Meanwhile, Basant has also applied for a recovery of 5000 rupees. Decide.

Option: 1

Basant is entitled to recover the amount of 5000 from Aman.


Option: 2

Basant is entitled to recover the amount of 4000 from Aman.


Option: 3

Chetan is entitled to recover the amount of 1000 from Basant.


Option: 4

Basant cannot recover any amount from Aman as he has become insolvent.


Read the passage carefully and answer the question

The Contract should be performed by the promisor himself. However, in certain cases, it can also be performed by his agents or legal representatives. It all depends upon the intention of the parties. Normally a contract can be performed by the following persons. 

  1. Promisor himself: If from the nature of the contract it appears that it was the intention of the parties that the promise should be performed by the promisor himself, such promise must be performed by the promisor. This usually applies to contracts involving personal skill, task, or artwork. 
  2. Promisor or his Agent: Where the contract does not involve the personal skill of the promisor, the contract could be performed by the promisor himself or by any competent person employed by him for the purpose, 
  3. Legal Representatives: The contracts which do not involve any personal skill or taste, may be performed by his legal representative after the death of the promisor.
  4. Third Person: In some cases, a contract may be performed by a third person provided the promisee accepts the arrangement. According to Section 41 of the Indian Contract Act, once the promisee accepts the performance from a third person, he cannot compel the promisor to perform the contract again. 
  5. Performance of Joint Promises: According to section 42 of the Indian Contract Act, when two or more persons have made a joint promise, the joint promisors must fulfill the promise jointly during their lifetime. And if any one of them dies, then his legal representatives and survivors must jointly fulfill the promise. 

Section 43 of the Indian Contract Act further provides that unless a contrary intention appears from the contract, each joint promisor may compel every other joint promisor to contribute equally to the performance of the promise. If any joint promisor makes a default in such contribution, the remaining joint promisors must bear the loss arising from such default in equal shares.

Question:

K promises to paint a picture for L on a certain day, at a certain price. K dies before the day of the contract. Decide. 

Option: 1

The contract can be enforced by K’s representative 


Option: 2

The contract can be enforced by L


Option: 3

The contract can be enforced either by K’s representation or by L 


Option: 4

The contract cannot be enforced either by K’s representative, or L


Read the passage carefully and answer the question

The Contract should be performed by the promisor himself. However, in certain cases, it can also be performed by his agents or legal representatives. It all depends upon the intention of the parties. Normally a contract can be performed by the following persons. 

  1. Promisor himself: If from the nature of the contract it appears that it was the intention of the parties that the promise should be performed by the promisor himself, such promise must be performed by the promisor. This usually applies to contracts involving personal skill, task, or artwork. 
  2. Promisor or his Agent: Where the contract does not involve the personal skill of the promisor, the contract could be performed by the promisor himself or by any competent person employed by him for the purpose, 
  3. Legal Representatives: The contracts which do not involve any personal skill or taste, may be performed by his legal representative after the death of the promisor.
  4. Third Person: In some cases, a contract may be performed by a third person provided the promisee accepts the arrangement. According to Section 41 of the Indian Contract Act, once the promisee accepts the performance from a third person, he cannot compel the promisor to perform the contract again. 
  5. Performance of Joint Promises: According to section 42 of the Indian Contract Act, when two or more persons have made a joint promise, the joint promisors must fulfill the promise jointly during their lifetime. And if any one of them dies, then his legal representatives and survivors must jointly fulfill the promise. 

Section 43 of the Indian Contract Act further provides that unless a contrary intention appears from the contract, each joint promisor may compel every other joint promisor to contribute equally to the performance of the promise. If any joint promisor makes a default in such contribution, the remaining joint promisors must bear the loss arising from such default in equal shares.

Question:

Rohan has agreed to manage the catering services during the marriage of Sohan’s son Ramu. On the day of marriage, Rohan felt ill and sent his manager to the management of catering services. Ramu happily gets married to Tina and people appreciated the food and decoration of the event. When Rohan asked Sohan for the remaining amount, he denied it because Rohan himself had not managed so it is a breach. Decide.

 

Option: 1

Rohan is not entitled to get the remaining amount due to a breach of contract.


Option: 2

Rohan is entitled to sue Sohan for the remaining amount.


Option: 3

Rohan is entitled to sue Ramu because it was his marriage.


Option: 4

Instead of Rohan, his manager can only sue Sohan for the breach.


Read the passage and answer the question that follow.

Natural justice is another name for common sense justice rules of natural justice are not in codified form these principles are embedded or ingrained or inbuilt in the conscience of human beings. It supplies the omission made in codified law and helps in the administration of justice. Natural justice is not only confined to ‘fairness’ it will take many shades and colours based on the context. Thus natural justice apart from ‘fairness’ also implies reasonableness, equity and equality. They are neither cast in a rigid mould nor can they be put in a legal straitjacket. These principles written by nature in the heart of mankind, they are immutable, inviolable, and inalienable.

It is true that the concept of natural justice is not very clear and, therefore, it is not possible to define it; yet the principles of natural justice are accepted and enforced. In the case of Ridge V. Baldwin Court observed that “in modern times have sometimes been expressed to the effect that natural justice is as vague as to be practically meaningless. But I would regard these as tainted by the perennial fallacy that because something cannot be cut and dried or nicely weighed or measured therefore it does not exist”. The term natural justice signifies fundamental rules of judicial procedure and fair play in action. According to Lord Widgery “the principles of natural justice were those fundamental rules; the breach will prevent justice from being seen to be done”. Earliest expression of ‘natural justice’ could be found in the philosophical expression of Roman Jurist (jus natural) and signified rules and principles for the conduct of man which were independent of enacted law or customs and could be discovered by the rational intelligence of man and would grow out of and conform to his nature.

The rule against bias that surfaced in 1610 in Dr Bonham's Casewhere Chief Justice Coke went so far as to say that the Court could declare an Act of Parliament void if it made a man as judge in his own cause, or otherwise ‘against common right and reason’. This was one of his grounds for disallowing the claim of the College of Physicians to fine and imprison Doctor Bonham, a Doctor of Physics of Cambridge University, for practising in the city of London without the licence of College of Physicians. The statute under which the College acted provided that fines should go half to the King half to the College so that the College had a financial interest in its own judgement and was judged in its own cause.

Question:

X is a student of a college and his father Y is a professor in the same college. In one instance, X is caught to be involved in unparliamentary activities inside the college campus. The enquiry committee is set up and Y is appointed as the head of the committee. Decide.

Option: 1

Y is a professor of the same college hence he can become a member of the enquiry committee


Option: 2

Y is X’s father hence he should not be a part of the enquiry committee


Option: 3

Y can be a part of the enquiry committee but cannot be its head


Option: 4

There is no rule that prevents the appointment of Y until he fulfils his function diligently


Read the passage and answer the question that follow.

Natural justice is another name for common sense justice rules of natural justice are not in codified form these principles are embedded or ingrained or inbuilt in the conscience of human beings. It supplies the omission made in codified law and helps in the administration of justice. Natural justice is not only confined to ‘fairness’ it will take many shades and colours based on the context. Thus natural justice apart from ‘fairness’ also implies reasonableness, equity and equality. They are neither cast in a rigid mould nor can they be put in a legal straitjacket. These principles written by nature in the heart of mankind, they are immutable, inviolable, and inalienable.

It is true that the concept of natural justice is not very clear and, therefore, it is not possible to define it; yet the principles of natural justice are accepted and enforced. In the case of Ridge V. Baldwin Court observed that “in modern times have sometimes been expressed to the effect that natural justice is as vague as to be practically meaningless. But I would regard these as tainted by the perennial fallacy that because something cannot be cut and dried or nicely weighed or measured therefore it does not exist”. The term natural justice signifies fundamental rules of judicial procedure and fair play in action. According to Lord Widgery “the principles of natural justice were those fundamental rules; the breach will prevent justice from being seen to be done”. Earliest expression of ‘natural justice’ could be found in the philosophical expression of Roman Jurist (jus natural) and signified rules and principles for the conduct of man which were independent of enacted law or customs and could be discovered by the rational intelligence of man and would grow out of and conform to his nature.

The rule against bias that surfaced in 1610 in Dr Bonham's Casewhere Chief Justice Coke went so far as to say that the Court could declare an Act of Parliament void if it made a man as judge in his own cause, or otherwise ‘against common right and reason’. This was one of his grounds for disallowing the claim of the College of Physicians to fine and imprison Doctor Bonham, a Doctor of Physics of Cambridge University, for practising in the city of London without the licence of College of Physicians. The statute under which the College acted provided that fines should go half to the King half to the College so that the College had a financial interest in its own judgement and was judged in its own cause.

Question:

Mr X is an employee of a corporate office. His wife Y is a judge. In one instance, X is found to be involved in a money laundering case at his office. The office now files a suit and Y is appointed as the judge for this case. Decide.

Option: 1

Y is a judge by herself, hence can be appointed to adjudicate this case


Option: 2

Y is can be appointed as a judge only if she fulfils her responsibilities without any bias


Option: 3

Y can adjudicate the case and if the company finds the penalty to be insufficient then they can appeal against it


Option: 4

Y cannot be the judge in this case ab initio


Read the passage and answer the question that follow.

Natural justice is another name for common sense justice rules of natural justice are not in codified form these principles are embedded or ingrained or inbuilt in the conscience of human beings. It supplies the omission made in codified law and helps in the administration of justice. Natural justice is not only confined to ‘fairness’ it will take many shades and colours based on the context. Thus natural justice apart from ‘fairness’ also implies reasonableness, equity and equality. They are neither cast in a rigid mould nor can they be put in a legal straitjacket. These principles written by nature in the heart of mankind, they are immutable, inviolable, and inalienable.

It is true that the concept of natural justice is not very clear and, therefore, it is not possible to define it; yet the principles of natural justice are accepted and enforced. In the case of Ridge V. Baldwin Court observed that “in modern times have sometimes been expressed to the effect that natural justice is as vague as to be practically meaningless. But I would regard these as tainted by the perennial fallacy that because something cannot be cut and dried or nicely weighed or measured therefore it does not exist”. The term natural justice signifies fundamental rules of judicial procedure and fair play in action. According to Lord Widgery “the principles of natural justice were those fundamental rules; the breach will prevent justice from being seen to be done”. Earliest expression of ‘natural justice’ could be found in the philosophical expression of Roman Jurist (jus natural) and signified rules and principles for the conduct of man which were independent of enacted law or customs and could be discovered by the rational intelligence of man and would grow out of and conform to his nature.

The rule against bias that surfaced in 1610 in Dr Bonham's Casewhere Chief Justice Coke went so far as to say that the Court could declare an Act of Parliament void if it made a man as judge in his own cause, or otherwise ‘against common right and reason’. This was one of his grounds for disallowing the claim of the College of Physicians to fine and imprison Doctor Bonham, a Doctor of Physics of Cambridge University, for practising in the city of London without the licence of College of Physicians. The statute under which the College acted provided that fines should go half to the King half to the College so that the College had a financial interest in its own judgement and was judged in its own cause.

Question:

X was a renowned cricketer in the 1980s. His son Y is a struggling cricketer who has been trying to get into the national team for many years. In the year 2020, X is appointed as a member of the selection committee. In the match which is supposed to decide the final team of the nation, Y scores a century and Z scores 65 runs. However, Z is selected to represent India and Y is not. Y now appeals against the decision, the main ground being the presence of X in the committee. Decide.

Option: 1

The appeal will stand as Y scored a century yet Z was selected after scoring 65 runs


Option: 2

The appeal will be quashed since X’s presence should have benefitted Y, but it didn’t, hence the rejection of Y is valid


Option: 3

The appeal will stand as X’s presence is a factor of bias


Option: 4

The appeal will be quashed since X was a renowned cricketer


Read the passage and answer the question that follow.

Natural justice is another name for common sense justice rules of natural justice are not in codified form these principles are embedded or ingrained or inbuilt in the conscience of human beings. It supplies the omission made in codified law and helps in the administration of justice. Natural justice is not only confined to ‘fairness’ it will take many shades and colours based on the context. Thus natural justice apart from ‘fairness’ also implies reasonableness, equity and equality. They are neither cast in a rigid mould nor can they be put in a legal straitjacket. These principles written by nature in the heart of mankind, they are immutable, inviolable, and inalienable.

It is true that the concept of natural justice is not very clear and, therefore, it is not possible to define it; yet the principles of natural justice are accepted and enforced. In the case of Ridge V. Baldwin Court observed that “in modern times have sometimes been expressed to the effect that natural justice is as vague as to be practically meaningless. But I would regard these as tainted by the perennial fallacy that because something cannot be cut and dried or nicely weighed or measured therefore it does not exist”. The term natural justice signifies fundamental rules of judicial procedure and fair play in action. According to Lord Widgery “the principles of natural justice were those fundamental rules; the breach will prevent justice from being seen to be done”. Earliest expression of ‘natural justice’ could be found in the philosophical expression of Roman Jurist (jus natural) and signified rules and principles for the conduct of man which were independent of enacted law or customs and could be discovered by the rational intelligence of man and would grow out of and conform to his nature.

The rule against bias that surfaced in 1610 in Dr Bonham's Casewhere Chief Justice Coke went so far as to say that the Court could declare an Act of Parliament void if it made a man as judge in his own cause, or otherwise ‘against common right and reason’. This was one of his grounds for disallowing the claim of the College of Physicians to fine and imprison Doctor Bonham, a Doctor of Physics of Cambridge University, for practising in the city of London without the licence of College of Physicians. The statute under which the College acted provided that fines should go half to the King half to the College so that the College had a financial interest in its own judgement and was judged in its own cause.

Question:

X is a married judge who is well known for his honesty in the entire city. He has a son Y. One fine day Y gets kidnapped and the kidnapper demands a sum of 20 lakhs from X. However, the kidnapper is caught by the police. X is now appointed as the judge for the hearing of the kidnapper. Decide.

Option: 1

X can be the judge since he can decide the punishment better as he was the sufferer


Option: 2

X cannot be the judge since there is a possibility that he will be biased while delivering the judgement


Option: 3

X can be the judge since he is renowned for his honesty and fulfil his duties


Option: 4

X can be the judge but his statement can be appealed against if delivered with bias


Read the passage and answer the question that follow.

Natural justice is another name for common sense justice rules of natural justice are not in codified form these principles are embedded or ingrained or inbuilt in the conscience of human beings. It supplies the omission made in codified law and helps in the administration of justice. Natural justice is not only confined to ‘fairness’ it will take many shades and colours based on the context. Thus natural justice apart from ‘fairness’ also implies reasonableness, equity and equality. They are neither cast in a rigid mould nor can they be put in a legal straitjacket. These principles written by nature in the heart of mankind, they are immutable, inviolable, and inalienable.

It is true that the concept of natural justice is not very clear and, therefore, it is not possible to define it; yet the principles of natural justice are accepted and enforced. In the case of Ridge V. Baldwin Court observed that “in modern times have sometimes been expressed to the effect that natural justice is as vague as to be practically meaningless. But I would regard these as tainted by the perennial fallacy that because something cannot be cut and dried or nicely weighed or measured therefore it does not exist”. The term natural justice signifies fundamental rules of judicial procedure and fair play in action. According to Lord Widgery “the principles of natural justice were those fundamental rules; the breach will prevent justice from being seen to be done”. Earliest expression of ‘natural justice’ could be found in the philosophical expression of Roman Jurist (jus natural) and signified rules and principles for the conduct of man which were independent of enacted law or customs and could be discovered by the rational intelligence of man and would grow out of and conform to his nature.

The rule against bias that surfaced in 1610 in Dr Bonham's Casewhere Chief Justice Coke went so far as to say that the Court could declare an Act of Parliament void if it made a man as judge in his own cause, or otherwise ‘against common right and reason’. This was one of his grounds for disallowing the claim of the College of Physicians to fine and imprison Doctor Bonham, a Doctor of Physics of Cambridge University, for practising in the city of London without the licence of College of Physicians. The statute under which the College acted provided that fines should go half to the King half to the College so that the College had a financial interest in its own judgement and was judged in its own cause.

Question:

X and Y have been married for five years. X is a judge and Y is a doctor. X is pretty much unhappy with his married life so he wants to divorce Y. Y refuses to agree to a divorce by mutual consent hence X files a suit against Y. Decide.

Option: 1

X cannot file a suit since he is a judge


Option: 2

X can file a suit against Y in legal capacity but not as a judge


Option: 3

X cannot file a divorce suit against Y since there is no valid ground for divorce


Option: 4

X can proceed with mutual consent but not contested divorce


Read the passage and answer the question that follow.

In the case of M/S Halonex Limited, 59-A Noida vs State of U.P., it was held that “In reply to the aforesaid submission, learned counsel for opposite party no.2 submitted that the case of the applicants that no amount is due from their side to the complainant is a matter of defence which cannot be considered at this stage. It has been submitted that the term 'entrustment' as used in Section 405 IPC has been given a wider interpretation. It has been submitted that the goods returned by the complainant to the Company for replacement or for reimbursement would be deemed to have been entrusted to the Company and as the applicants 2 & 3 were handling its affair they become responsible. To buttress the said submission, the learned counsel for the complainant drew the attention of the Court to a decision of the Apex Court in the case of Ram Narayan Popli Vs. Central Bureau of Investigation: (2003) 3 SCC 641, wherein it was observed that: "the term "entrustment" is not necessarily a term of law. It may have different implications in different contexts. In its most general signification all it imports is the handing over possession for some purpose which may not imply the conferring of any proprietary right at all." Attention was also drawn to an observation made in the judgment of the aforesaid case, where it was observed that: "to establish the charge of criminal breach of trust, the prosecution is not obliged to prove the precise mode of conversion, misappropriation or misapplication by the accused of the property entrusted to him or over which he has dominion. The principal ingredient of the offence being dishonest misappropriation or conversion which may not ordinarily be a matter of direct proof, entrustment of property and failure in breach of an obligation to account for the property entrusted if proved, may, in the light of other circumstances, justifiably lead to an inference of dishonest misappropriation or conversion”.

Question:

X tracks down an expensive necklace on the road. Not knowing to whom it belongs. X sells it promptly to a jeweller without attempting to find the owner or submitting the necklace to the authorities. Decide the liability of X.

Option: 1

Extortion


Option: 2

Criminal breach of trust


Option: 3

Theft


Option: 4

Criminal misappropriation of Property


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