Insta_Legal 2.

Rankers’ Study Material

Part of the most Comprehensive Classroom Training, Prep Content & Test Series across the Nation.
From the producers of A.I.R. 2, 3 and 5 in CLAT 2019.

MOST IMPORTANT TOPICS FOR LEGAL REASONING AND THEIR LUCID EXPLANATIONS

IMPORTANCE OF INSTA_LEGAL 2.0

 We have prepared a list of around 150 topics (90 of these were shared with you earlier). There is a good possibility
that the passages in the upcoming CLAT will be around these topics. So to boost your preparation, we have
prepared a summary of each topic and will be sharing with you on our telegram channel.

 Insta_Legal 2.0 will contain the summary of not just 90 topics that we have shared earlier but also many new topics
which we have added recently.

 Those of you who have already gone through the Insta_Legal before should not skip Insta_Legal 2.0. owing to the
relevance Insta_Legal 2.0 Holds, reading it multiple times before your exam will help you in understanding the
passage with much more clarity and efficiency.

HAPPY READING 😊

CYBER SAFETY AND SECURITY OF WOMEN

Legal Framework: Information Technology Act, 2000
An Act to facilitate e-Commerce and e-Governance.
India is the 12th Nation in the world to give statutory recognition to digital signatures
The Act applies to the whole of India and also applies to any offence or contravention there under committed
outside India by any person irrespective of his nationality, if such act involves a computer, computer system or
network located in India.
Act was amended through the Information Technology Amendment Act, 2008 which came into effect from 27th
October, 2009 Amendment also included Punishment for pornography, violation of privacy.
Objectives of IT Act, 2000
Legal recognition for transactions carried out by means of electronic data interchange
Digital Signatures and Regulatory Regime for Digital Signatures
Admissibility of Electronic Documents at par with paper documents
E-Governance
Electronic Filing of Documents and E-Payments
Define Civil wrongs, Offences, punishments
Investigation, Adjudication, Cybercrimes including crime against women and children
Appellate Regime
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Amend existing Acts to address IT Act provisions

Indian Penal Code & Indian Evidence Act-1872
Banker's Books Evidence Act-1891 & Reserve Bank of India Act-934

Specific provisions in IT Act for cybercrime against women

Violation of privacy (section 66E)
Obscene material (section 67)
Pornography & sexually explicit act (section 67A)
Child pornography (section 67B)

Section 66 E Punishments for Violation of Privacy

Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person
without his or her consent, under circumstances violating the privacy of that person, shall be punished with
imprisonment which may extend to 3 years or with fine not exceeding Rs. 2 lakh, or with both".

Section 67 - Punishment for Publishing or transmitting obscene material in electronic form

Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which
is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who
are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it,
shall be punished on first conviction with imprisonment of either description for a term which may extend to three
years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with
imprisonment of either description for a term which may extend to five years and also with fine which may extend to
ten lakh rupees.

Section 67 A Punishments for Publishing or Transmitting material containing sexually explicit act, etc; in
electronic form
Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which
contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description
for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of
second or subsequent conviction with imprisonment of either description for a term which may extend to seven
years and also with fine which may extend to ten lakh rupees.

Section 67 B Punishments for Publishing or Transmitting material depicting children in sexually explicit act,
etc; in electronic form

Whoever,
1. publishes or transmits or causes to be published or transmitted material in any electronic form which depicts
children engaged in sexually explicit act or conduct; or
2. creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes
material in any electronic form depicting children in obscene or indecent or sexually explicit manner; or
3. cultivates, entices or induces children to online relationship with one or more children for and on sexually explicit act
or in a manner that may offend a reasonable adult on the computer resource; or
4. facilitates abusing children online; or
5. records in any electronic form own abuse or that of others pertaining to sexually explicit act with children, shall be
punished on first conviction with imprisonment of either description for a term which may extend to five years and
with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with
imprisonment of either description for a term which may extend to seven years and also with fine which may extend
to ten lakh rupees.”

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Cartels – Challenges and Enforcement

A cartel is a grouping of producers that work together to protect their interests. Cartels are created when a few large
producers decide to co-operate with respect to aspects of their market. Once formed, cartels can fix prices for
members, so that competition on price is avoided. In this case cartels are also called price rings. They can also
restrict output released onto the market, such as with OPEC and oil production quotas, and set rules governing
other aspects of the behaviour of members. Setting rules is especially important in oligopolistic markets, as
predicted in game theory. A significant attraction of cartels to producers is that they set rules that members follow,
thus reducing risks that would exist without the cartel.
The negative effects on consumers include:

1. Higher prices – cartel members can all raise prices together, which reduces the elasticity of demand for any single
member.
2. Lack of transparency – members may agree to hide prices or withhold information, such as the hidden charges in
credit card transactions.
3. Restricted output – members may agree to limit output onto the market, as with OPEC and its oil quotas.
4. Carving up a market – cartel members may collectively agree to break up a market into regions or territories and not
compete in each other’s territory.
5. The Organisation of Petroleum Exporting Countries, OPEC, has managed to come to agreement on cuts in
production quotas among the various members. Those who are not formal members of OPEC, such as Russia, are
also joining in the cuts. The aim, of course as with any cartel, is to agree to restrain production so that prices rise. If
they can manage to get that price production level equation right they can thereby gain higher income for less
production. And that is, again of course, what we expect of monopolists. A cartel is an attempt to create a monopoly
among a number of different producers--or at least gain something close to monopoly power so that that
monopolists' trick of lower production and yet higher revenue can be pulled off.

A cartel is a group of firms (or sometimes individuals or governments) acting together to raise price and
(sometimes) limit output in order to increase economic profit.
How Government Often Helps Cartels:
There is a source of help for cartels: the United States government, who can make the job of internally enforcing the
cartel easier.
Examples include:
a. The U. S. Government published data on oil prices and imports by country of origin during the height of so-
called the energy crisis in the 1970s. How would this help an oil cartel?
b. Similarly the practice of sealed bids helps a cartel maintain its prices. Everyone gives their sealed bid to the
government for a government contract, for example. If you get the contract at a lower bid price -- your fellow
cartel members will know you have cheated and punish you appropriately. So everyone basically provides the
same bid.
c. Finally consider the effects of the airline reservation industry. The CAB (Civil Aeronautics Board) decided
that the industry was monopolistic. To remedy the monopoly practice, it required that all users should be
charged the same price and (b) that these prices be publicly posted. Isn't that an open invitation to collude?

ANATOMY OF A CARTEL
Examples of real world cartels:

OPEC
Probably the most famous cartel -
There's a basic and fundamental problem facing by Opec. It's not about the details of the oil market, the slowing of
growth in China, the end of the commodities super-cycle nor even the rise of tight oil and fracking. It's a much more
basic economic problem: which is that all cartels eventually end in this manner. In a challenge to the technology that
allowed the cartel to form in the first place, and then the disparate interests of the cartel members leading to
cheating and then market chaos. The end result of this is that, always, the price ends up falling below where it
would have been in the absence of the cartel in the first place. This happened with tin, it happened with the various
agricultural commodity boards people have tried and it's happening to oil right now. The existence of the cartel
increases the price suppliers gain for their product. That's the point of having one after all. But that very increase in

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profitability is what calls into existence the competition. And yes, over time, enough time, that competition will come
from people figuring out a new technological solution to producing that good, whatever it is.
Which is, of course, exactly what has happened here? Decades of high oil prices (higher than they would have
been in the absence of Opec that is) have led to people concentrating upon then mastering the process of fracking
for tight oil. That then comes onto the market, changing the supply balance: and all those producers reliant upon
large revenues thus have to cheat on their production quotas in order to maintain their cash flow.

Game Theory Applied to a Cartel

A good way to explain the incentive for cartel members to cheat is through what is called Game Theory (a tool that
some economists sometimes use to analyze strategic behavior -- where the players take into consideration the
expected behavior of others). It's application to real world issues is questionable - but in the issue of a cartel it
might help understand the behavior of cartel members.
All "games" share three features: rules, strategies, and payoffs (how useful this is in the real world is questionable -
but perhaps one of the few places it might help explain human action - to an extent - is in the case of cartels).

CITIZENSHIP AMENDMENT ACT in light of Indian Constitution

The Citizenship Amendment Act became law. The CAB simply means that if a Hindu person comes into India from
Pakistan and Bangladesh to settle with his relations or friends from whom he separated 1947 or after, he will be
welcomed with conferment of citizenship of India; but if he is a Muslim, he is not. This is clear violation of
fundamental right to equality. Home Minister cleverly countered this point saying Muslims of these Islamic republics
are not minorities and hence he would not fall under the 'reasonable classification' of persecuted 'minorities' of those
Islamic nations. But it does not answer the point that if that Muslim wants to join his pre-1947 relatives or friends, he
will be part of minority India. Article 14 accords rights to 'persons' while Articles 15 and 16 to citizens. The
CAB strikes at this basic level of equality among persons and does not allow some equally footed persons to
become citizen of India.

Constitutional foundation of citizenship:

Citizenship Act 1955 gives detailed process of conferring citizenship according to Articles 5 to 11 of the Constitution
of India. Article 5 says at the commencement of this Constitution, every person who has his domicile in the territory
of India and— (a) who was born in the territory of India; or (b) either of whose parents was born in the territory of
India; or (c) who has been ordinarily resident in the territory of India for not less than five years immediately
preceding such commencement, shall be a citizen of India.
Article 6 gave rights of citizenship of persons who have migrated to India from Pakistan at the commencement of
this Constitution if he or either of his parents or any of his grand-parents was born in India as defined in the
Government of India Act, 1935 and in case where such person has so migrated before 19th July 1948 has been
since ordinarily resident in India, or where he migrated after that date, he was granted citizenship on his application
before the commencement of the Constitution. Such person should have been resident of India at least six months
immediately preceding date of application.
Article 7 says that a person who has after the first day of March 1947, migrated from the territory of India to the
territory now included in Pakistan shall not be deemed to be a citizen of India:
Article 8 says any person who or either of whose parents or any of whose grand-parents was born in India, and
who is ordinarily residing outside India shall be deemed to be citizen of India, if he is registered as citizen by the
diplomatic or consular representative of India in such country, on his application either before or after
commencement of Constitution.
Article 9 says any person who becomes citizen of other country, loses Indian citizenship by virtue of Article 5, 6 or
8.
Article 10 says every person who citizen of India shall continue to be so subject to provisions of any law that may
be made by Parliament.
Article 11 says Parliament has power to make any provision with respect to the acquisition and termination of
citizenship and all other matters relating to citizenship. The NDA Government invoked the power under Article 11
and amended the Citizenship Act 1955.
Entire objective of Constitutional foundation of Indian citizenship codified in Articles 5 to 11 is to allow the Indian
citizens prior to 1947 to acquire citizenship of India even after 1947. It does not discriminate between Hindus and
Muslims as far as their 'personality' is concerned. That objective is based on secular credentials of the Indian
Republic is breached by CAB.

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CHANGES UNCONSTITUTIONAL
The Citizenship Amendment Bill (CAB) 2019, amending the Citizenship Act of 1955 has been passed by both
Houses, confers Indian citizenship on Hindu, Jain, Buddhist, Sikhs, Parsi or Christian refugees coming from
Afghanistan, Bangladesh, and Pakistan. Original Act 1955 specifies that illegal immigrant cannot get citizenship.
CAB proposes exceptions to this rule. In 2015 the Centre made changes to the Passports Act and Foreigner's Act
to allow non-Muslim refugees from these countries to stay back in India even if they entered the country without
valid papers. Most significant aspect of the bill lies in unstated i.e., Muslims, who are excluded from the list. Muslim
refugees from Afghanistan, Bangladesh and Pakistan cannot get citizenship in India. Home Minister denied the
allegations of discrimination against Muslims saying Muslims are not minorities but majorities in these three Islamic
republics. At the same time, Home Minister says Partition in 1947 was on religious lines, minorities were persecuted
in Pakistan Bangladesh since 1947, to whom NDA government decided to provide citizenship and protect.

This change also relaxes the provisions for citizenship by naturalisation, i.e., the requirement of residence in India
from 11 years to 6 years for these migrants. The BJP justified this move as protecting minority refugees from
Pakistan, Bangladesh and Afghanistan. Following severe protests and political opposition in northeast states, the
bill exempted the tribal areas of Assam, Meghalaya, Mizoram, and Tripura, included in the Sixth and Schedule to
the Constitution from its applicability. These tribal areas include KarbiAnglong in Assam, Garo Hills in Meghalaya,
Chakma district in Mizoram, and Tribal Areas district in Tripura. It also exempted the areas regulated through the
Inner Line Permit which includes Arunachal Pradesh, Mizoram and Nagaland. These provisions of Bill will not apply
to the tribal areas of Assam, Meghalaya, Mizoram, and Tripura, included in the Sixth Schedule to the Constitution
as well as the areas which are regulated through the Inner Line Permit. The opposition against the bill was the fear
that the demography of Northeast India will change with the influx of migrants from Bangladesh.

Overseas Citizenship of India

There are new provisions for cancellation the registration of Overseas Citizenship of India (OCI) for reasons of
registration through fraud, or if he sentenced to imprisonment for two or more years within five years of registration
and in necessity in the interest of sovereignty and security of India, or for any violation of any law notified by the
central government. Though bill facilitated an opportunity for the OCI holder to be heard before the cancellation, it
raised apprehensions about selective cancellation of citizenship. Interestingly the Research and Analysis Wing told
the Joint Committee of Parliament that this Bill could be misused by foreign agents to infiltrate India (from agencies
like Pakistan's ISI) and that it could become 'legal framework' which could be misused. It also attracted opposition
from a global organization the US Commission on International Religious Freedom (USCIRF) which called for
sanctions against the Home Minister or other principal leaders over this Bill. This Commission cautioned: "In
conjunction with the ongoing National Register of Citizens (NRC) process in Assam and nationwide NRC that the
Home Minister seeks to propose, USCIRF fears that the Indian government is creating a religious test for Indian
citizenship that would strip citizenship from millions of Muslims". The Ministry of External Affairs Ministry has
condemned saying neither the CAB or National Register of Citizens (NRC) process seeks to strip citizenship from
any Indian citizen based on any faith. The Pakistan Prime Minister Imran Khan criticized the proposed citizenship
law for violating bilateral agreements.

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THE CRITICISM

The research organisation PRS Legislative Research pointed out a serious lacunae in CAB based on Article 14 that
grants right to equality and against discrimination based on religion, is that the Bill provides differential treatment to
illegal migrants on the basis of their country of origin, religion, date of entry into India, and place of residence in
India (regarding exempted northeast India regions).
Not all minorities included!
The CAB does not include all persecuted minorities. Main criticism against the Bill is that it excludes the religiously
persecuted minorities of neighbouring nations such as Rohingyas in Myanmar and Tamils in Sri Lanka and lack the
explanation of migration with Afghanistan. The inclusion only six specified religious minorities and exclusion of other
minorities facing religious persecution, such as Ahmadiyyas in Pakistan and the atheists in Bangladesh, is
questioned as breach of equality right.
Excessive delegation
PRS Legislative Research has also rightly pointed out that the ability to notify any law and lack of clarity of these
laws whose violation may result in OCI cancellation may amount to an excessive delegation of powers by the
legislature and may give wide discretion to the government for cancellation of OCI.

CITIZENSHIP OF INDIA
Part II of the Constitution of India (Articles 5-11) deals with the Citizenship of India.

Article 5 speaks about the citizenship of India at the commencement of the Constitution (Nov 26, 1949).

Article 11 gave powers to the Parliament of India to regulate the right of citizenship by law. This provision resulted
in the enactment of Citizenship Act 1955 by the Indian Parliament.

ARTICLE 5: CITIZENSHIP AT THE COMMENCEMENT OF THE CONSTITUTION

At the commencement of this Constitution, every person who has his domicile in the territory of India and –
(a) who was born in the territory of India; or
(b) either of whose parents was born in the territory of India; or
(c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding
such commencement, shall be a citizen of India.

ARTICLE 6: RIGHTS OF CITIZENSHIP OF CERTAIN PERSONS WHO HAVE MIGRATED TO INDIA FROM
PAKISTAN
Notwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now
included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if –
(a) he or either of his parents or any of his grand-parents was born in India as defined in the Government of India
Act, 1935 (as originally enacted); and (b) (i) in the case where such person has so migrated before the nineteenth
day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or (ii) in the
case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a
citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application
made by him therefor to such officer before the commencement of this Constitution in the form and manner
prescribed by that Government:
Provided that no person shall be so registered unless he has been resident in the territory of India for at least six
months immediately preceding the date of his application.

ARTICLE 7: RIGHTS OF CITIZENSHIP OF CERTAIN MIGRANTS TO PAKISTAN

Notwithstanding anything in articles 5 and 6, a person who has after the first day of March 1947, migrated from the
territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India:
Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now
included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return
issued by or under the authority of any law and every such person shall for the purposes of clause (b) of Article 6 be
deemed to have migrated to the territory of India after the nineteenth day of July, 1948.

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ARTICLE 8: RIGHTS OF CITIZENSHIP OF CERTAIN PERSONS OF INDIAN ORIGIN RESIDING OUTSIDE

INDIA
Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grandparents was
born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing
in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a
citizen of India by the diplomatic or consular representative of India in the country where he is for the time being
residing on an application made by him therefor to such diplomatic or consular representative, whether before or
after the commencement of this Constitution, in the form and manner prescribed by the Government of the
Dominion of India or the Government of India.

ARTICLE 9: PERSONS VOLUNTARILY ACQUIRING CITIZENSHIP OF A FOREIGN STATE NOT TO BE

CITIZENS
No person shall be a citizen of India by virtue of article 5 or be deemed to be a citizen of India by virtue of article 6
or article 8 if he has voluntarily acquired the citizenship of any foreign State.

ARTICLE 10: CONTINUANCE OF THE RIGHTS OF CITIZENSHIP

Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall,
subject to the provisions of any law that may be made by Parliament, continue to be such citizen.

ARTICLE 11: PARLIAMENT TO REGULATE THE RIGHT OF CITIZENSHIP BY LAW

Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision
with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

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