Rajasthan Judicial service District Judge Direct Recruitment Law Paper-III 2011 Question Paper

Rajasthan Judicial service District Judge Direct Recruitment Law Paper-III 2011 Question Paper

Time : 2.00 Hours                  Maximum Marks : 120

Part- A

1. Translate the following passage in English.

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2. Translate the following passage in Hindi.
For a lawyer a knowledge of the fundamental principles of law is undoubtedly necessary, but it is equally necessary for him to have a clear mind, quick grasp and analytic approach. He must have the capacity for grasping all the facts of the case in all their inter-relations and implications quickly and comprehensively. Without unnecessary labour he must be able to apply the fundamental principles and rules of law to the facts of the case before him. As Arthur T. Vanderbilt observed in his article on Forensic Persuasion, he must also have the knowledge of human nature in all its manifestations and an ability to get along with the people. He must have a comprehension of the economic, political and intellectual environments of modern litigation. He must have the ability to reason concerning the facts, the law, the personalities involved in the litigation and the environments of a case in such a way as to solve the pending problem in the most satisfactory way possible.
A lawyer must have the capacity to express himself clearly and intelligently. A good command over language is a great asset for him. A case resented in chaste language with moderation and clarity has a great effect on the judge. Over-statement, either of law or fact, must be avoided, under no circumstances he should deliberately make a wrong statement. Once a lawyer acquires a reputation for making wrong statements he becomes a suspect in the eye of the judge and he thereby impairs his capacity to persuade the judge.
It is good to know what a lawyer should be and what he should not be. But what is more important is what he does or he fails to do. That is also true of all professions. Circumstances do have their impact on a person’s life. But if we leave aside those uncertain factors, everyone is an architect of his own future. The prize is always for the brave. There must be a will to succeed, backed up by determination and followed up by preparation. There are men who have succeeded by sheer chance. But their number is few.

Part- B

1. Write the precis of the following passage in Hindi with a suitable title.

2. Write the precis of the following passage in English with a suitable title.
A look at the broad scheme of the Fundamental Rights and the Directive Principles makes it evident .that equality contemplated by Article 14 is not a formal equality in the sense that the law is just, that it punishes the rich and the poor equally for stealing bread, and that it is generous, for it permits anyone to sleep either on the pavement or in a five-star hotel. The equality contemplated is a broader egalitarianism, more real and more vital than the negative quality of mere formal equality. Real equality rules out every element of discrimination and therefore arbitrariness. The very concept of the rule of law is necessarily involved in the rule of equality before the law. However, in the early days after the Constitution came into force, the Supreme Court, in case after case, accepted the view of American jurisprudence and interpreted Article 14 of the Constitution to mean that the state shall not deny to any person equality before the law or equal protection of the laws but the state shall not be prevented from making a reasonable classification on an intelligible differentia having a rational relationship to the object sought to be achieved by the act. There is nothing wrong in the principle of reasonable classification but the error lay in allowing the principle of reasonable classification to overshadow the Fundamental Right to equality before law and the equal protection of the laws and to so confine it. It becomes a case of ‘the tail wagging the dog instead of the dog wagging the tail’. If the appropriate rule of interpretation is adopted, the right to equality before law will at once get out of the confines of ‘reasonable classification’. After all, what do liberty and equality means to the ordinary human being?
Adopting the rule of reasonable classification in case after case, the supreme Court equated and confined equality before law to reasonable classification. The court, a custodian of constitutional interpretation, hardly ever hinted at the affirmative responsibilities of the state for the elimination of inequality in the light of the Directive Principles of State Policy. In considering questions of equality before law and equal protection of the laws, the Court always concerned itself with problem that skim the surface and insisted on smoothening the surface to give an appearance of legal equality.