Legal Reasoning - Questions and Answers CSEET Part 3

1 . Legal Principle : No person shall be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

Factual Situation : A person was accused of cheating and before he was arrested and committed to trial for it, the law relating to cheating was changed and the punishment for it was increased to life imprisonment. The person was found guilty and sentenced to life imprisonment. He decides to challenge his sentence of life imprisonment. He will

Decide

(a) Fail because the punishment for cheating was increased to life imprisonment before his trial began.

(b) Succeed because the punishment for cheating was not life imprisonment when he committed it.

(c) Fail because the law does not provide for such leniency to guilty persons.

(d) Succeed only if he is able to prove his innocence.

Answer B

Explanation: At the time of committing the offence there were not life imprisonment.

2. Legal Principle : Parliament can amend any part of the Constitution including the Fundamental Rights but the Parliament cannot alter the basic structure or framework of the Constitution.

Factual Situation : The Government of lndia passed a Constitutional amendment Act which has the effect of curbing the independence of the judiciary. The Act has been challenged inthe Supreme Court of India by a group of NGOs and public spirited individuals as being violative of the Constitution. The challenge will:

Decide

(a) Succeed because any amendment that compromises the independence of the judiciary is unconstitutional.

(b) Fail because the Parliament has limited power to amend the Constitution as per the Kesavananda Bharati judgment.

(c) Succeed because the amendment was not brought to the Parliament with the consent of the Supreme Court of lndia.

(d) Fail because the Supreme Court cannot sit in judgment over a matter that affects its own independence.

Answer :B

Explanation : NJAC Act and subsequent litigations.

3. legal Principle :Directive Principles of State Policy (DPSP) are nonjusticiable in nature.

Factual Situation : Mr. Sumit works for the protection of cows. He has come to know that in some states slaughtering of cows is permissible under law. He also knows that one of the Directive Principles of State Policy calls upon the State to prohibit cow slaughter. Based on This, Mr. Sumit approaches the Supreme Court of India for getting direction to the states to enact anti cow slaughtering law.  His petition will:

Decide

(a) Succeed because DPSP clearly says that states should take steps to prevent cow slaughter.

(b) Fail because DPSP cannot be enforced by the Courts.

(c) Succeed because laws in contravention of DPSP are unconstitutional.

(d) Fail because only a section of Indian population holds cow as sacred and its views cannot be forced on others.

Answer :B

Explanation : Directive Principles of State Policy cannot be enforced in courts.

4. Legal Principle : The right of all citizens to practise any profession or to carry on any occupation, trade or business is a Fundamental Right.

Factual Situation : Due to a law passed by the Government. even a person with good knowledge of law cannot appear in the Court as lawyer unless he has a law degree from a recognized university and fulfils other mandatory conditions. Due to this Mr. Dinesh is not able to appear in courts and believes that government is denying him of his Fundamental Right to practice any profession or to carry on any occupation. trade or business. He decides to challenge this as a violation of his Fundamental Right. He will

Decide

(a) Succeed because the requirement to be eligible to appear before the Court deny him the opportunity to earn his livelihood.

(b) Succeed because government cannot abridge Fundamental Rights in any manner under any condition.

(c) Fail because the Government is well within its rights to prescribe eligibility and other conditions for profession, trade or business.

(d) Fail because Government has the power to abrogate the Fundamental Rights.

Answer :C

Explanation : Government have full right to prescribe eligibility and other conditions for any profession, trade or business.

5. Legal Principle : Article 14 of the Constitution says that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Factual Situation : Due to the growing menace of terrorism in the country the Government Of lndia decided to have a new substantive criminal laws for terrorists from other countries. A foreign terrorist captured by the police and subjected to the new law claimed that his right under Article 14 of the Indian constitution were violated. His claim will:

Decide

(a) Fail because the rights under Article 14 are available only to the citizens of lndia.

(b) Fail because the rights under the Article cannot be made available to people who engage in terrorist activities in India.

(c) Succeed because he is entitled to be subjected to the same laws as any other person charged with the same offence.

(d) Succeed because once he is captured by the Indian authorities. he acquired all the Fundamental Rights that are enjoyed by the citizens of lndia.

Answer : B

Explanation : Article 14 available to citizens as well as foreigners but not to alien enemies.

6. Legal Principle : The ambit of this Ordinance making power of the President is  co-extensive with the legislative powers of Parliament.

Factual Situation : During a time when the Lok Sabha was not in session the President of India promulgated an ordinance on a matter which was not very urgent. A non governmental organization decided to challenge the ordinance as ultravires the Constitution. His challenge will:

Decide

(a) Succeed because the ordinance is to be promulgated only in urgent matters.

(b) Fail because the use of the power to promulgate ordinance is left to the discretion of the President.

(c) Fail because the use of the power to promulgate ordinance is left to the discretion of the Government.

(d) Succeed because an ordinance can be issued only when both the houses of the Parliament are not in session.

Answer :A

Explanation: R C Cooper case, and in D C Wadhwa case it is clearly mentioned that this power can be used by the President on urgent matters, otherwise can be questioned in court of law.

7 Legal Principle : The State shall not make any law which takes away or abridges the rights conferred by Part III and if such a law is made, it shall be void to the extent to which it curtails any such right.

Factual Situation : Right to Property was a Fundamental Right but was abolished as such by a Constitutional amendment. Mr. Gautama decides to challenge the constitutional validity of the amendment. He will

Decide

(a) Succeed because the State cannot make any law which takes away or abridges the rights conferred by Part III.

(b) Fail because law referred to in the above statement does not apply to Constitutional amendment Acts.

(c) Succeed because even constitutional amendments cannot take away Part III rights.

(d) Fail because Right to Property was not conferred by Part III.

Answer : C

Explanation : It is being continuously challenged. Last prominent case was Sanjiv Agarwal Vs Union of India and Plaintiff was represented by Adv. Harish Salve. The case was of course dismissed as it was not on merits, but the court said, it is necessary to have right to property.

8. Legal Principle : There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.

Factual Situation : The Lok Sabha general elections in 1996 did not give any party a clear majority and various political parties in their individual capacity and is association with other parties staked claim with the President to form government. The President had to invite one such party or a group to form the government. He was:

Decide

(a) Bound to follow the advice of the outgoing Prime Minister on who should be first called to form the government.

(b) Free to exercise his discretion in such a situation.

(c) Bound to consult the Chief Justice of India in a situation ono clear majority in favour of a party or an alliance.

(d) Bound to invite the single largest party to form the government.

Answer : B

Explanation : President have discretionary power.

9. Legal Principle : An agreement enforceable by law is a contract.

Factual Situation : Mr. A and Mr. B, father of a minor boy P and minor girl Q respectively enter into an agreement that they would marry their children P and Q to each other. Mr. B. later refused to honour this agreement. Aggrieved by this, Mr A decided to sue Mr. B and Ms. Q for breach. Mr A will:

Decide:

(a) Succeed because Mr. B has refused to fulfil his obligation under the agreement.

(b) Fail because the agreement between them is not a contract.

(c) Succeed because the agreement between them is a contract.

(d) Fail because Mr. A should have sued Mr. B and Ms. Q together with Mr. P and not alone as Mr. P has also suffered because of the breach

Answer : D

Explanation : In the judgment as passed by the Bombay High Court in Rose Fernandez vs. Joseph Gonsalves

10 . Legal Principle: All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object.

Factual Situation : A was planning to sell his property to B but B was not aware of it. Since B was interested in the property he threatened to harm the only child of A, if A did not enter into an agreement to sell the property to B. The price at which the agreement to sell was agreed upon was much more than the expectation of A or the prevailing market price of the property. Once the agreement was signed, B got to know that A was anyway interested in selling the property to B and at a lower price. A later refused to execute the sale deed and claimed that the contract between the parties was not valid. A will:

Decide:

(a) Fail because there was a valid contract between him and B.

(b) Succeed because the consent of A for the agreement to sell was not a free consent.

(c) Fail because in the given facts and circumstances even with the free consent the same transaction would have taken place. A is even better placed because he is receiving a higher price.

(d) Succeed because there is no lawful object in the contract.

Answer : B

Explanation : while looking into the elements of contract, the consent was not free.