CLAT LLM 2021 Question Paper

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Read the passage given below and answer the questions that follow:

In jurisprudence, distinction between theoretical and practical aspects of law is the basis of an independent science of law, the purpose of which is not to subserve practical ends but to serve pure knowledge, which is concerned with facts but not with words. At the present time, the juristic science is an exclusively a practical science of law and adequate methods have been evolved for the application of law by the judges. The result of this situation is that its teaching on the subject of law and legal relations, subject matter and method, can be given only by the practical science of law. It aims to supply the judge with legal propositions, formulated in the most general terms possible, in order that the greatest possible number of decisions might be derived from them. It teaches the judge how to apply the general propositions to the specific cases. However, the human thinking is necessarily dominated by the underlying purpose and the thinking of the jurist is conditioned by the practical purposes pursued by juristic science.
The jurist does not mean by law that which lives and is operative in human society as law, but law exclusively important in the administration of justice as a rule according to which the judges must decide the legal disputes. However, juristic science as a whole proceeds by abstractions and deductions but sometimes loses contact with reality. The rule of human conduct and the rule according to which the judges decide legal disputes may be distinct; a layman does not always act according to the rules which the judges apply for the judicial decisions as the rules to guide human conduct. However, the scientific view has given way to the practical view, adapted to the requirements of the judicial officials according to which they must proceed, but they arrive at this view by a jump in their personal thinking. They mean that the rules according to which courts decide are the rules according to which men ought to regulate their conduct. In this respect it is altogether different from true science. It is true that that judicial decisions influence the conduct of men, but we must first of all inquire to what extent this is true and upon what circumstances it depends.

1. The purpose of the ‘science of law’ is to achieve
(A) Practical aspects for human conduct.
(B) Idealistic judicial abstractions.
(C) Pure knowledge based on reality.
(D) Judicial purpose.

2. The prevailing method of the practical science of law is the method which is ______
(A) Employed by judges for application of law.
(B) Indicated in law books.
(C) Abstraction of social mind.
(D) Legal optimism.

3. The judicial thinking is prominently guided by
(A) Underlying principles of judicial morality.
(B) Principles of professional ethics.
(C) Practical purposes followed by judicial science.
(D) Classical theories of justice.

4. The present juristic science is losing scientific temperament, because the_____
Which of the following is the most appropriate answer?
(A) Judges are not professionally trained.
(B) Judicial abstractions and deductions are different from reality.
(C) Practical purposes followed by judicial science.
(D) Notions for the judicial decisions are inferred from the decision of foreign courts.

5. The legal propositions are generally based on ______
(A) Generalised possibility.
(B) Exclusivity.
(C) Social interest.
(D) Political interest.

6. The judicial expectation from a layman is that
(A) The conduct of man ought to be humane.
(B) The conduct of man ought to be prudent.
(C) The conduct of man be based on rules decided by courts.
(D) The conduct of man be based on moral and ethical parameters.

Human liberty is a precious constitutional value; it is as tenuous as tenuous can be. Liberty survives by the vigilance of her citizens, on the cacophony of the media and in the dusty corridors of courts alive to the rule of (and not by) law. The doors of the court cannot be closed to a citizen who is able to establish prima facie that the instrumentality of the State is being weaponized for using the force of criminal law to the detriment of human liberty. The basic entitlement of every citizen who is faced with allegations of criminal wrongdoing, is that the investigative process should be fair. This is an integral component of the guarantee against arbitrariness under Article 14 and of the right to life and personal liberty under Article 21. The Supreme Court considered the given principle in Arnab Manoranjan Goswami v. State of Maharashtra, [AIR 2021 SC 1], which binds that the courts must be alive to the need to safeguard the public interest while ensuring that the due enforcement of criminal law is not obstructed. The fair investigation of crime is an aid to it. Equally it is the duty of courts across the spectrum-the district judiciary, the High Courts and the Supreme Court to ensure that the criminal law does not become a weapon for the selective harassment of citizens. The inherent power of the High Court must be construed as an aid to preserve the constitutional value of liberty. The writ of liberty runs through the fabric of the Constitution. The need to ensure fair investigation of crime is undoubtedly important in itself, because it protects at one level, the rights of the victim and, at a more fundamental level, the societal interest in ensuring that crime is investigated and dealt in accordance with law. On the other hand, the misuse of the criminal law is a matter of which the courts in this country must be alive.
7. Which of the following statements regarding human liberty is untrue?
(A) Liberty is a precious constitutional right.
(B) Liberty is a limited fundamental right.
(C) Liberty is a fragile concept.
(D) Liberty is an infrangible concept.

8. The liberty of a citizen is alive because of lively ______
(A) Media.
(B) Judiciary.
(C) Media and Judiciary.
(D) Executive and Legislature.

9. Consider the given statements.
(I) For seeking the intervention of the court, the petitioner has to prima facie establish that the State agency has misused the force of criminal law which causes casualty for the
human liberty.
(II) The deprivation of liberty via rule by law is bearable up to twenty-four hours.
Choose the correct answer from the code given below.
(A) Both (I) and (II) are true.
(B) Both (I) and (II) are untrue.
(C) (I) is true and (II) is untrue.
(D) (II) is true and (I) is untrue.

10. The fair investigation in a criminal trial is a guarantee ______
(A) Against arbitrariness.
(B) Of right to life and personal liberty.
(C) Against arbitrariness and of right to life and personal liberty.
(D) Of political justice.

11. Ensuring that the crime is fairly investigated and dealt in accordance with the rule of law,
is fundamentally a matter of________
(A) Legal interest.
(B) Social interest.
(C) Political interest.
(D) Economic interest.

12. In the given excerpt, for the protection of human liberty, the Court has given emphasis on_______
(A) Role of society.
(B) Role of the courts at all levels.
(C) Balance between the due enforcement and preventing misuse of criminal law.
(D) Both (B) and (C).

The Supreme Court of India noted that it is a prevalent gender stereotype that women officers find it challenging to meet the hazards of service owing to their prolonged absence during pregnancy, motherhood and domestic obligations towards their children and families, as the notion assumes that domestic obligations rest solely on women. Reliance on the ‘inherent physiological differences between men and women’ rests in a deeply entrenched stereotypical and constitutionally flawed notion that women are the ‘weaker’ sex and may not undertake tasks that are ‘too arduous’ for them. Arguments founded on the physical strengths and weaknesses of men and women and on assumptions about women in the social context of marriage and family do not constitute a constitutionally valid basis for denying equal opportunity to women officers. To deny the grant of permanent commission to women officers on the ground that this would upset the ‘peculiar dynamics’ in a unit casts an undue burden on women officers which has been claimed as a ground for excluding women. If society holds strong beliefs about gender roles, that men are socially dominant, physically powerful and the breadwinners of the family and that women are weak and physically submissive, and primarily
caretakers confined to a domestic atmosphere, it is unlikely that there would be a change in mindsets.
13. Which of the following judgments relating to equality of opportunity for women seeking Permanent Commissions in the Indian Army is the excerpt taken from?
(A) Nawal Kishore Sharma v. Union of India, 2021 SCC OnLine SC 74.
(B) Aparna Bhat v. State of Madhya Pradesh, 2021 SCC OnLine SC 230.
(C) Ministry of Defence v. Babita Puniya, (2020) 7 SCC 469.
(D) Dipika Jagatram Sahani v. Union of India, (2021) 2 SCC 740.

14. Based on the given excerpt from a judgment, which of the following was not a direction given by the Supreme Court of India?
(A) Women officers on Short Service Commission with more than twelve years of service who do not opt for being considered for the grant of the Permanent Commissions will be entitled to continue in service until they complete twenty-two years of pensionable service.
(B) Short Service Commission women officers with over twenty years of service who are not granted Permanent Commission shall retire on pension in terms of the policy decision.
(C) All serving women officers on Short Service Commission shall be considered for the grant of Permanent Commission irrespective of any of them having completed fourteen years or, as the case may be, twenty years of service.
(D) Short Service Commission women officers who are granted Permanent Commission in pursuance of the above directions will be entitled to all consequential benefits
including promotion and financial benefits.

15. That women officers would upset the dynamics in a unit is a/an________ ground for
denying them permanent commission.
(A) Inevitable
(B) Strong
(C) Unreasonable
(D) Valid

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