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    CLAT Fourth Merit List 2026 (Postponed) - Download PDF here

    Personality - Nature related to Jurisprudence for CLAT - Practice Questions & MCQ

    Edited By admin | Updated on Sep 25, 2023 25:47 PM | #CLAT

    Quick Facts

    • 9 Questions around this concept.

    Solve by difficulty

    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.

    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.

    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.

    Both natural and juristic persons are given rights and obligations by the law in the state of Jurisland. Tom, a Jurisland resident, signed a contract with the well-known business WidgetCo. Tom claimed that WidgetCo shouldn't be granted the same contractual rights as he is since WidgetCo is a juristic person and doesn't have the same sentiments, emotions, or consciousness that actual people do.

     

    Which of the following concerns the conflict between Tom and WidgetCo the most?

    Concepts Covered - 1

    Personality - Nature

    Personality in Jurisprudence - Nature

    • Concept: In jurisprudence, personality refers to the legal recognition of certain entities, whether individuals, corporations, or even animals, as legal persons. Legal personality is a fundamental concept that allows these entities to possess specific rights and obligations under the law. Essentially, it's the law's way of acknowledging and interacting with various entities within a legal framework.

    Elaboration:

    • Natural Persons (Individuals):
      • Every human being is recognized as a natural person in jurisprudence. 
      • As natural persons, individuals enjoy a wide range of rights and protections under the law. 
      • These rights can include the right to life, liberty, property, privacy, and freedom of speech, among others. 
      • They also have duties, such as obeying laws, paying taxes, and respecting the rights of others.
    • Legal Persons (Corporations and Other Entities):
      • Legal persons are entities other than individuals that are granted legal personality. This means that they have rights and responsibilities akin to those of natural persons. 
      • The most common example of legal persons is corporations or companies. 
      • They can own property, enter into contracts, sue, and be sued. In essence, they have a legal identity separate from their owners or shareholders.
    • Artificial Legal Persons (Statutory Corporations):
      • Some entities, known as statutory corporations, are granted legal personality through specific statutes or laws. 
      • These entities, often created by the government for specific purposes, have their own set of rights and duties. 
      • For instance, the Airports Authority of India or the Indian Railways are considered statutory corporations. 
      • They can own assets, enter into agreements, and carry out functions as authorized by their respective laws.

    Examples:

    • A natural person, such as an individual citizen, enjoys fundamental rights under the Indian Constitution, including the right to equality, freedom of speech, and the right to life and personal liberty. They also have duties, such as following traffic laws and paying income taxes.
    • A legal person, like a multinational corporation operating in India, has the legal right to own property, sign contracts, and sue or be sued in court. They are also bound by legal responsibilities, such as paying corporate taxes and adhering to labor laws.
    • A statutory corporation, such as the Indian Space Research Organisation (ISRO), is granted legal personality under specific legislation. ISRO has rights and obligations related to space exploration and satellite technology development as outlined in its governing statutes.

    Indian Constitution:

    The Indian Constitution recognizes and protects the concept of personality in jurisprudence through various provisions:

    • Fundamental Rights (Part III): These rights are primarily applicable to natural persons and provide essential protections and liberties.
    • Fundamental Duties (Article 51A): The Constitution imposes certain fundamental duties on Indian citizens, emphasizing the importance of a balance between rights and responsibilities.

    Indian Case Law: Mohammed Hanif Quareshi v. State of Bihar (1958)

    • Case Background
      • Mohammed Hanif Quareshi was a butcher in Bihar who specialized in slaughtering cows. Cow slaughter was prohibited in the state of Bihar under the Bihar Preservation and Improvement of Animals Act, 1951.
      • Quareshi was charged with violating the provisions of the Act by slaughtering cows.
    • Key Legal Issue
      • The central legal issue in this case was whether cows and their progeny have legal personality, and if so, whether they are entitled to protection under the Bihar Preservation and Improvement of Animals Act, 1951.
    • Court's Decision
      • The Patna High Court, in its judgment, recognized the legal personality of cows and their progeny. It held that these animals, as living creatures, have the right to be treated with compassion and care.
      • The court ruled that the Bihar Preservation and Improvement of Animals Act, 1951, was enacted to protect and improve the breed of cows and their progeny. The Act prohibited the slaughter of cows and their calves to achieve this objective.
      • Quareshi's actions of slaughtering cows were found to be in violation of the Act, and he was convicted accordingly.
    • Significance
      • The case of Mohammed Hanif Quareshi v. State of Bihar (1958) marked a significant development in Indian jurisprudence concerning the treatment of animals. It recognized that animals, in this case, cows and their progeny, have legal personality and are entitled to protection under the law.
      • This case laid the foundation for animal welfare legislation and protections in India. It highlighted the need to balance economic activities, cultural practices, and animal rights.

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