CLAT PG

Passage: 'The basic structure of the Constitution cannot be abrogated by an amendment under Article 368.' Which judgment first articulated the basic structure doctrine?

• AKesavananda Bharati v. State of Kerala (1973)
• BGolak Nath v. State of Punjab (1967)
• CShankari Prasad v. Union of India (1951)
• DSajjan Singh v. State of Rajasthan (1965)

Passage: Article 21 reads 'No person shall be deprived of his life or personal liberty except according to procedure established by law.' Which case held that this procedure must be just, fair, and reasonable?

• AManeka Gandhi v. Union of India (1978)
• BA.K. Gopalan v. State of Madras (1950)
• CADM Jabalpur v. Shivkant Shukla (1976)
• DKharak Singh v. State of UP (1963)

Passage: A nine-judge bench unanimously declared the right to privacy a fundamental right. Which decision is being referred to?

• AK.S. Puttaswamy v. Union of India (2017)
• BNaz Foundation v. NCT of Delhi (2009)
• CSelvi v. State of Karnataka (2010)
• DPUCL v. Union of India (1997)

Passage: 'The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.' Which Article contains this guarantee?

• AArticle 14
• BArticle 15
• CArticle 19
• DArticle 21

Passage: In Navtej Singh Johar (2018), the Supreme Court read down Section 377 IPC. The decision is best classified as:

• APartial unconstitutionality — Section 377 was struck down only insofar as it criminalised…
• BComplete repeal of Section 377 IPC
• CReading in a new clause to Section 377
• DHolding Section 377 outside the legislative competence of Parliament

Passage: The Vishaka guidelines (1997) addressed which subject and were later codified in which statute?

• ASexual harassment at workplace — Sexual Harassment of Women at Workplace (Prevention, Pro…
• BDomestic violence — Protection of Women from Domestic Violence Act, 2005
• CDowry — Dowry Prohibition Act, 1961
• DCustodial rape — Criminal Law (Amendment) Act, 1983

Passage: Anuradha Bhasin v. Union of India (2020) addressed restrictions on internet access in Jammu and Kashmir. The Court held that:

• AFreedom of speech and expression under Article 19(1)(a) and trade under 19(1)(g) include…
• BInternet access is itself a free-standing fundamental right under Article 21
• CInternet restrictions are non-justiciable political questions
• DSection 144 CrPC cannot be used to regulate internet at all

Passage: Article 32 is itself a fundamental right. This means:

• AThe right to constitutional remedies — i.e., to move the Supreme Court for enforcement of…
• BOnly the Supreme Court can issue writs in India
• CArticle 32 can be suspended by an ordinary law of Parliament
• DArticle 32 is enforceable only after exhausting High Court remedies under Article 226

Passage: Directive Principles of State Policy are contained in Part IV of the Constitution. They are:

• ANot enforceable by any court but fundamental in the governance of the country
• BDirectly enforceable in courts like fundamental rights
• CBinding only on the Union, not on the States
• DJusticiable but subject to Article 359 suspension during emergency

Passage: Article 356 deals with imposition of President's Rule in a State. The leading case curtailing its misuse is:

• AS.R. Bommai v. Union of India (1994)
• BIndira Nehru Gandhi v. Raj Narain (1975)
• CMinerva Mills v. Union of India (1980)
• DL. Chandra Kumar v. Union of India (1997)

Passage: 'Law is the command of the sovereign backed by sanction.' This definition is associated with:

• AJohn Austin
• BH.L.A. Hart
• CHans Kelsen
• DRonald Dworkin

Passage: Hart's 'The Concept of Law' identifies the legal system as a union of:

• APrimary rules of obligation and secondary rules of recognition, change, and adjudication
• BCommands and habits of obedience
• CGrundnorm and positive norms in a hierarchy
• DLegal rules and moral principles weighed by judges

Passage: Kelsen's pure theory of law identifies the ultimate source of validity in:

• AThe Grundnorm — a presupposed basic norm at the apex of the legal hierarchy
• BThe will of the sovereign
• CThe shared morality of the community
• DLong-standing custom recognised by judges

Passage: Savigny's Volksgeist theory situates the origin of law in:

• AThe spirit and common consciousness of the people, developing organically through custom
• BThe deliberate command of the legislature
• CJudicial precedent accumulated over time
• DEconomic relations between classes

Passage: Roscoe Pound's theory of 'social engineering' through law treats the legal system as a tool for:

• ABalancing competing individual, public, and social interests to maximise satisfaction wit…
• BRecording the unchanging Volksgeist of the people
• CTracking the Grundnorm to its logical conclusions
• DReplicating the natural moral order in human enactments

Passage: 'The life of the law has not been logic; it has been experience.' This dictum, often associated with American Legal Realism, was authored by:

• AOliver Wendell Holmes Jr.
• BKarl Llewellyn
• CJerome Frank
• DRoscoe Pound

Passage: Wesley Hohfeld's analysis identifies four pairs of jural correlatives. The correlative of a 'right' (claim-right) is a:

• ADuty
• BPrivilege
• CPower
• DImmunity

Passage: 'Ratio decidendi' and 'obiter dicta' are central to the doctrine of precedent. The binding element of a judgment is:

• AThe ratio decidendi — the legal reasoning essential to the decision
• BThe obiter dicta — observations made by way of the side
• CThe entire judgment, in equal measure
• DOnly the operative order at the end of the judgment

Passage: Distinguish ownership from possession. Which of the following is most accurate?

• AOwnership is the ultimate residuary right of use and disposal; possession is the de facto…
• BOwnership and possession are identical legal concepts
• CPossession always presupposes ownership
• DOwnership is purely a question of fact; possession is purely a question of law

Passage: Lon Fuller's 'inner morality of law' identifies eight desiderata for legality. Which of the following is NOT among them?

• AMaximisation of judicial discretion
• BGenerality
• CPromulgation
• DProspectivity

Passage: 'An agreement enforceable by law is a contract.' Section 2(h) of the Indian Contract Act 1872. For an agreement to become a contract, it must satisfy Section 10. Which is NOT an essential under Section 10?

• ARegistration of the agreement in writing
• BFree consent of competent parties
• CLawful consideration
• DLawful object

Passage: A advertises a reward for the return of his lost dog. B, knowing nothing of the advertisement, finds and returns the dog. Can B claim the reward?

• ANo — there is no contract because acceptance requires knowledge of the offer (R v. Clarke…
• BYes — performance always entitles the performer to reward
• CYes — restitution under Section 70 ICA permits recovery
• DNo — but only because the reward was unliquidated

Passage: 'Consideration may move from the promisee or any other person.' This proposition was upheld in:

• AChinnaya v. Ramaya (1882 Mad)
• BCurrie v. Misa (1875)
• CDunlop Pneumatic Tyre v. Selfridge (1915)
• DPinnel's Case (1602)

Passage: A minor enters into a contract for the supply of necessaries. The relevant rule under the Indian Contract Act is:

• AThe minor's estate is liable to pay a reasonable price under Section 68, but the minor is…
• BThe contract is fully enforceable as if the minor were a major
• CThe contract is void ab initio and the supplier has no remedy at all
• DThe minor may be sued personally and the property attached

Passage: Section 14 ICA defines free consent. Consent is not free when caused by — coercion, undue influence, fraud, misrepresentation, or mistake. The effect on the contract depends on the vitiating factor. Which one renders the contract void rather than merely voidable?

• AMistake of fact essential to the agreement and common to both parties (Section 20)
• BCoercion (Section 15)
• CUndue influence (Section 16)
• DFraud (Section 17)

Passage: Sections 68-72 of the Indian Contract Act deal with 'certain relations resembling those created by contract' — i.e., quasi-contracts. Which Section provides for restoration of benefit received under a void agreement?

• ASection 65
• BSection 68
• CSection 70
• DSection 72

Passage: Hadley v. Baxendale (1854) lays down the rule on remoteness of damages in contract. Damages are recoverable for losses:

• AThat arise naturally from the breach OR that were within the reasonable contemplation of…
• BOnly those that arise naturally from the breach
• CWhatever loss the claimant can actually prove, without remoteness limit
• DOnly those expressly listed in the contract

Passage: The Specific Relief (Amendment) Act 2018 changed the approach to specific performance in India. After the amendment:

• ASpecific performance is generally available as a matter of right, subject to specified ex…
• BSpecific performance was abolished altogether
• CSpecific performance is available only at the discretion of the court as previously, with…
• DSpecific performance is now available only for contracts above INR 1 crore

Passage: Section 74 of the Indian Contract Act deals with liquidated damages and penalties. Under the Indian provision:

• AThe named sum is the upper limit of recovery; the court awards reasonable compensation no…
• BLiquidated damages are always recoverable in full; penalties are never recoverable
• CThe English distinction between penalties and liquidated damages applies in full to India
• DSection 74 only applies to contracts of sale of immovable property

Passage: The principle of 'volenti non fit injuria' is a complete defence in tort. Which case best illustrates the defence?

• AHall v. Brooklands Auto-Racing Club (1933) — spectator at motor race assumed inherent ris…
• BDonoghue v. Stevenson (1932) — snail in ginger beer bottle
• CRylands v. Fletcher (1868) — escape of water from reservoir
• DAshby v. White (1703) — denial of vote

Passage: Donoghue v. Stevenson (1932) is the foundation of modern negligence law. Lord Atkin's 'neighbour principle' requires:

• AReasonable care to avoid acts or omissions one can reasonably foresee would injure one's…
• BA pre-existing contract between the defendant and the plaintiff
• CStrict liability without regard to fault
• DAn express assumption of duty

Passage: Rylands v. Fletcher (1868) established strict liability. The rule applies when:

• AA person brings on his land and keeps there anything likely to do mischief if it escapes,…
• BAny accidental harm occurs on the defendant's land
• CThe defendant is negligent in storing dangerous things
• DThe plaintiff is a trespasser and is injured

Passage: M.C. Mehta v. Union of India (1987 — Shriram Gas Leak case) introduced the rule of absolute liability in India. It departs from Rylands v. Fletcher by:

• AAllowing no exceptions whatever — even act of stranger, act of God, or statutory authorit…
• BRequiring the plaintiff to prove negligence
• CLimiting damages to a fixed statutory ceiling
• DApplying only to public-sector enterprises

Passage: Defamation may be libel or slander. The most accurate distinction is:

• ALibel is in permanent form (written/printed) and is actionable per se; slander is in tran…
• BLibel is true defamation; slander is false defamation
• CLibel is published in newspapers only; slander is on television
• DLibel and slander are interchangeable terms

Passage: 'Res ipsa loquitur' (the thing speaks for itself) is a rule of evidence in negligence cases. Its effect is:

• ATo raise an inference of negligence, shifting the evidential burden to the defendant to e…
• BTo convert the case into one of strict liability
• CTo impose a presumption of innocence on the defendant
• DTo allow the court to dispense with proof of damage

Passage: Under the Consumer Protection Act 2019, the District Commission has pecuniary jurisdiction over complaints where the value of the goods or services paid (as consideration) does not exceed:

• AINR 50 lakh (revised upper limit notified in December 2021)
• BINR 1 crore
• CINR 20 lakh
• DINR 10 lakh

Passage: Vicarious liability of a master for the torts of his servant is based on the doctrine 'qui facit per alium facit per se'. The servant's wrongful act renders the master liable when it is committed:

• AIn the course of employment, even if it is an unauthorised mode of doing an authorised act
• BOnly when expressly directed by the master
• COnly outside working hours
• DOnly if the servant cannot personally satisfy the judgment

Passage: Section 166 of the Motor Vehicles Act 1988 deals with claims for compensation. Section 163A (now 164 post-2019 amendment) provides for:

• AA no-fault liability scheme entitling the victim or legal representatives to a fixed stru…
• BFull proof of negligence as a precondition to any recovery
• CCompensation only when criminal liability of the driver is established
• DDamages capped at INR 25,000 in all cases

Passage: Nuisance may be public or private. The key distinction is:

• AA public nuisance affects the public at large or a class; a private nuisance is an unlawf…
• BPublic nuisance can be sued in tort by anyone; private nuisance cannot
• CPrivate nuisance is a crime; public nuisance is only a tort
• DPublic nuisance requires malice; private nuisance does not

Passage: Contributory negligence by the plaintiff was a complete bar at common law. The modern rule under most jurisdictions (and in India by judicial development) is:

• AApportionment of damages in proportion to the plaintiff's share of fault, rather than a c…
• BPlaintiff recovers nothing if at all at fault
• CDefendant recovers from plaintiff if plaintiff is more than 50% at fault
• DContributory negligence is now irrelevant to liability or damages

Passage: 'Actus non facit reum nisi mens sit rea.' This maxim expresses which principle of criminal liability?

• AA wrongful act alone does not constitute crime — there must also be a guilty mind
• BStrict liability applies to all serious offences
• CMens rea is irrelevant in criminal law
• DThe accused must prove his innocence

Passage: The Indian Penal Code 1860 has been replaced by which statute, effective 1 July 2024?

• ABharatiya Nyaya Sanhita 2023
• BBharatiya Nagarik Suraksha Sanhita 2023
• CBharatiya Sakshya Adhiniyam 2023
• DIndian Justice Code 2023

Passage: Sections 299 and 300 IPC distinguish culpable homicide from murder. Murder is essentially:

• ACulpable homicide with one of the four aggravating clauses under Section 300 (intention t…
• BAny homicide done with a weapon
• CHomicide that results in death within 30 days
• DHomicide committed during a robbery only

Passage: The 'rarest of rare' doctrine for the death penalty in India was articulated in:

• ABachan Singh v. State of Punjab (1980)
• BJagmohan Singh v. State of UP (1973)
• CMithu v. State of Punjab (1983)
• DRajendra Prasad v. State of UP (1979)

Passage: Section 304B IPC defines 'dowry death'. Which of the following is NOT an essential ingredient?

• AThe death must be by firearm
• BDeath must occur within seven years of marriage
• CIt must be shown that soon before her death the woman was subjected to cruelty or harassm…
• DDeath must be caused by burns or bodily injury or occur otherwise than under normal circu…

Passage: Right of private defence is governed by Sections 96-106 IPC. The right does NOT extend to:

• AThe inflicting of more harm than is necessary to inflict for the purpose of defence (Sect…
• BDefence against a public servant acting in good faith under colour of his office
• CDefence of property of another
• DSelf-defence against a lunatic

Passage: Section 120A IPC defines criminal conspiracy. The key distinction from abetment by conspiracy under Section 107 is:

• AUnder Section 120A, mere agreement to commit any illegal act or a legal act by illegal me…
• BSection 120A always requires an overt act for any offence
• CSection 107 requires more than one conspirator; Section 120A requires only one
• DSection 120A applies only to economic offences

Passage: Section 375 IPC was substantially amended by the Criminal Law (Amendment) Act 2013 following the Nirbhaya case. Which exception was retained at the time, attracting continued constitutional challenge?

• ASexual intercourse by a man with his wife (above the prescribed age) is not rape — the ma…
• BSexual intercourse with consent of a person above 18
• CConsensual sexual intercourse in a registered marriage between adults
• DAll forms of marital intercourse