Uttarakhand Judicial 2012 Language Question Paper

Uttarakhand Judicial 2012 Language Question Paper

PART-A
(English Language)

Translate into the ordinary language spoken in the courts using Devanagri Script: 30

The fact that the Indian Constitution was drafted in the mid-twentieth century gave an advantage to its makers in so far as they could take cognizance of the various constitutional processes operating in different countries of the world and thus draw upon a rich fund of human experience, wisdom, heritage and traditions in the area of governmental process in order to fashion a system suited to the political, social and economic conditions in india. In the end result, the Indian Constitution has turned out to be a very interesting and unique document.

One could discern in it the impact of several constitutions. As for instance, the Indian Federalism is influenced by the American, Canadian and Australian Federalism. Fundamental Rights in India owe a great deal to the American Bill of Rights; the process of Constitutional amendment adopted in India is a modified version of the American system.

The influence of the British Constitutional Law, theories and practices on the Indian Constitution is quite pervasive. As for example, the parliamentary form of Government in India closely follows the British model in substance; the system of prerogative writs which plays a crucial role in protecting peoples’ legal rights and ensuring judicial control over administrative action is Britain’s contribution to India. Australia’s experiences have been especially useful for ordering the Centre-State financial relationship, and for promoting the concept of freedom of trade and commerce in the country. Inspiration has come from the Irish Constitution in the shaping of the Directive Principles of State Policy.
The Government of India Act, 1935, which preceded the Indian Constitution, has furnished not only administrative details, but also the verbatim language of many provisions of the Constitution.
It will, however, be wrong to suppose that the Indian Constitution is just a carbon copy of other Constitutions and contains nothing new and original. While adopting some of the piinciples and institutions developed in other democratic and federal countries, it yet strikes new paths, new approaches and patterns, in several directions. It makes bold departures in many respects from the established Constitutional nonns and introduces many innovations. For example, in the areas of Centre-State relationship, with a view to achieve the twin objectives of promoting the unity of India and reducing rigidity inherent in a federal system, the Indian Constitution makes several provisions which are original in conception as nothing parallel to these is to be found in any other Federal Constitution and, to this extent, it makes a distinct contribution to the development of theories and practices of federalism in general.

PART -B
Write a precise in English of the following passage .

The real implication of equal distribution is that each man shall have the wherewithal to supply all his natural needs and no more. For example ,if one man has a weak designation and requires only a quarter of a pound of flour for his bread and another needs a pound , both should be in a position to satisfy their wants.To bring this ideal into being the entire social order has got to be reconstructed . A society based on non-violence cannot nurture any other ideal . We may not perhaps be able to realize the goal , but we must it in mind and work increasingly to near it . To the same extent as we progress towards our goal we shall find contentment and happiness , and to that extent too, shall we have contributed towards the bringing into being of a non-violent society .

It is perfectly possible for an individual to adopt this way of life without having to wait for others to do so. And if an individual can observe a certain rule of conduct , it follows that a group of individuals can do likewise .It is necessary for me to emphasize tha fact that no one need wait for anyone else in order to adopt a right course . Men generally hesitate to make a beginning if they feel that the objective cannot be had in its entirety .Such an attitude of mind is in reality a bar to progress.

Now let us consider how equal distribution can be brought about through non-violence. The first step towards it is for him who has made this ideal part of his being to bring about the necessary changes in his personal life . He would reduce his wants to a minimum ,bearing in mind the poverty of India . His earnings would be free of dishonesty .The desire for speculation would be renounced .His habitation would be in a keeping with the new mode of life .There would be self restraint exercised in every sphere of life .When he has done all that is possible in his own life , then only will he be in a position to preach this ideal among his associates and neighbours .

Indeed at the root of this doctrine of equal distribution must lie that of the trusteeship of the wealthy for the superfluous wealth possessed by them . For according to the doctrine they may not possess a rupee more than their neighbours. How is this to be brought about ? Non-violently ? or should the wealthy be dispossessed of their possessions ? To do this we would naturally have to resort to violence .This violent action cannot benefit society .Society will be the poorer , for it will lose the gifts of a man who knows how to accumulate wealth . Therefore the non-Violent way is evidently superior . The rich man will use what he reasonably requires for his personal needs and will act as a trustee for the remainder to be used for the society .In this argument honesty on the part of the trustee is aasumed .