LEGAL REASONING

Test 1

Directions for questions 1 to 15: you have been given some passages followed by five questions
based on each passage. You are required to choose the most appropriate option which follows from
the passage. Only the information given in the passage should be used for choosing the answer and
no external knowledge of law howsoever prominent is to be applied.

Passage 1

Win alternative are poddled as 'the lesser evil', virtual the artificially added as measure of degrees.
The evil is often clear and present, as in the case of electronic cigarettes, in all forms - Electronic
Nicotine Delivery System (ENDS),vapes, and e-hookahs. The centre's move to ban these products
shows a welcome intolerance of anything that impacts negatively on the health and wellness of the
people of the country. The cabinet recently cleared the prohibition of electronic cigarette ordinance,
2019. Now, any production, import, export, sale (including online), distribution or advertisement,
and storage of e-cigarettes is a cognisable offence punishable with imprisonment a or fine, or both.
E-cigarettes, which were to aid smokers kick their habit, do not burn tobacco leaves. Instead these
battery operated devices produce aerosol by heating a solution containing among other things,
nicotine. Nicotine is an addictive substance that may, according to studies, function as a "tumor
promoters" and aid neurodegeneration. Some other compounds in the aerosol are toxic substances
that have known deleterious effects, and might just be less harmful than cigarettes, not harmless.
Seven death have been recorded in the U.S.- the largest consumer of e-cigarettes in the world-
where, New York recently banned the sale of flavoured e-cigarettes.

Under the ordinance, no person is allowed to use any place for the storage of any stock of e-
cigarettes. If any person stores any stock of e-cigarettes, he will be punishable with an imprisonment
of up to six months, or a fine of up to Rs. 50,000 or both. Moreover, the owners of existing stocks of
e-cigarettes will have to declare and deposit these stocks at the nearest office of an authorised
officer. Such an authorised officer may be a police officer (at least at the level of a sub inspector), or
any other officer as notified by the central or state government. If an authorised officer believe that
any provision of the ordinance has been contravened, he can search any place where trade,
production, storage or advertising of e-cigarettes is being undertaken. The authorised officer can
seize any record or property connected to e cigarettes found during the search. Further, he may take
the person connected with the offence into custody.

(Extracted, which edits and revisions, from 'smoke of the vaper: On e-cigarettes ban', editorial in The
Hindu, published on sep 20, 2019)

1. What, according to the passage, is the objective of the government behind banning of e
cigarettes?

(A) to ensure that the people are free to choose what is good or bad for them.

(B) to ensure that the normal cigarettes industry is not in the doldrums.

(C) to ensure that the health of people is not compromised.

(D) to get handsome revenue from sale of normal cigarettes through taxes.

2. According to the passage, what similarity and dissimilarity are there between normal cigarettes
and e cigarettes?
(A) while both use nicotine, the way it is used is different for both cigarette types.

(B) normal cigarettes use legal drugs while e-cigarettes use illegal drugs.

(C) while both use psychedelic drugs, normal cigarettes are cheaper.

(D) both types of cigarettes use similar material. While e-cigarettes are imported from China, normal
cigarettes are made in India.

3. Tushar is a shopkeeper. He purchased 10 cartons of e-cigarettes before the ordinance banning

them. Can he sell his stock of e-cigarettes after the ordinance is passed?

(A) no, as he is required by law to deposit the stock to the authorised person.

(B) no, ignorance of law is not an excuse.

(C) yes, as he had purchased the stock prior to the ordinance.

(D) yes, as he is a shopkeeper and not manufacturer of e cigarettes.

4. Mr. X, an authorised officer, raided a shop and found many banned e-cigarettes. What course of
action can he take?

(A) Mr. X can impose penalty on the manufacturer of the e cigarettes.

(B) Mr. X can sieze and sell the Contraband keeping the proceeds with himself.

(C) Mr. X cannot do anything.

(D) Mr. X can arrest the owner of the shop.

5. Karan purchase and e-cigarette after the ordinance was promulgated. He gives it to Bablu who
hands it over to Sonu the following day. Sonu consumes the e-cigarette. Who all are liable here?

(A) only Karan.

(B) Karan and Bablu only.

(C) Karan, Bablu and Sonu.

(D) only Sonu and Bablu.

Passage 2

There is a draft Seeds Bill, 2019 awaiting parliament, which seeks to replace the old seed act of 1966.
A law regulating seed production and trade is needed to ensure that farmers are protected against
spurious seeds, and that seed producers are obliged to put only seeds of good and reliable quality on
the market. The current draft bill learns towards the interests of the seed industry rather than the
farmer. The 2001 law, the Protection of Plant Varieties and Farmers Rights Act (PPVFRA), protect
farmers interest. The draft seeds bill AIIMS to neutralise many enabling measures granted in the
PPVFRA.

In the PPVFRA, adequate seed supply and seed price is to be managed by government through the
provision of compulsory licensing in the act. In the seed bill, there is no mechanism to regulate seed
supply or seed price. This could result in high seed prices, and even a lack of adequate seed supply.
The parliamentary standing committee on agriculture head made a strong recommendation for
regulating seed supply and seed price through the law itself.

The seed bill does not require the seed industry to declare the parents of the variety they register.
Hence, there is no opportunity to claim benefit sharing as provided in the PPVFRA, according to
which if a plant breeder uses farmer varieties to breed his variety, he is required to pay a part of the
profits of the new commercialized variety into the government's National gene Bank.

When a new legislation is drafted, there is a provision for people to raise objections before a right is
granted if they fear there is wrongdoing. This feature exists in the PPVFRA, but it is missing in the
seeds bill. Seed failure happens when shoddy companies sell shoddy seeds.

To protect farmers against this, there are provisions within the PPVFRA to claim compensation. In
the seeds bill, the farmer cannot claim compensation within the purview of the law. Here, he must
approach the consumer courts under the consumer protection act to claim compensation for the
failed seed. This is manifestly unfair since the government has washed its hand off its responsibility
and led the burden on the farmer. He will spend his money and run around from pillar to post for
years claiming compensation, which may never come.

Then there is the exemption for offences committed by companies. This clause seeks to absolve
company officials from any punishment for violations, saying that if they prove it happened without
their knowledge, they are not liable. Clearly, this must go.

(Extracted, with edits and revisions, from 'The draft seeds bill favours the industry over farmers',
opinion published in the Hindustan Times, December 4, 2019)

6. What is the principle lacunae, according to the author, in the present draft seeds bill, 2019?

(A) it favours the farmers against the interests of the industry.

(B) it fixes a minimum cap below which industry cannot purchase seeds from farmers.

(C) it involves too much government intervention.

(D) its favour the industry at the cost of farmers.

7. With which of the following amendments, in the present seeds bill, is the author most likely to
agree?

(A) industries representatives are asked to give their suggestions on the draft bill.

(B) farmers are mandated to sell best seeds to industry.

(C) members of civil society, NGOs, farmers organisations representatives are asked to give their
suggestions on the draft bill.

(D) companies are absolved from liability in case of any wrongdoing.

8. X interprises is engaged in the business of farm seeds. They increased the prices of seeds four
times the earlier price. Supposed the draft Seeds Bill is passed, what action can the government take
against them?

(A) the government cannot do anything.

(B) the government can regulate the price increase.

(C) the government can imprison the CEO of X enterprises.

(D) the government can impose heavy penalty on excess interprises.

9. Govardhan is a farmer. He sells his indigenously grown rice seeds to 'Karma farm solutions', which
interbreeds it and the next generation seeds are able to produce twice the quantity of crops earlier
produced. Karma farm solutions sells the new seeds commercially earning a huge profit. Choose the
most appropriate option.

(A) korma pharmasolutions has to share the prophet with Govardhan if draft seeds bill is passed.

(B) Korma farm solutions has to share the profit with Govardhan if draft seeds bill is not passed.

(C) Korma farm solutions has to pay the entire profit to Govardhan.

(D) korma farm solutions has to share the profits with government, provided the draft seeds bill is
not passed.

10. Suppose the seeds bill is passed. Mr. Akram is the project director of a company engaged in farm
seeds business. Some charges of malpractices were leveled against a farm project undertaken by a
company and headed by Mr. Akram. Determine the liability of Mr. Akram?

(A) Mr. Akram is liable in any case as he is the project director.

(B) Mr. Akram is not liable as he is only an employee of the company.

(C) Mr. Akram is not liable if he was unaware about the malpractices.

(D) Mr. Akram is liable only if the board of directors are liable.

Passage 3

One of the founding principle upon which the ideal of Indian democracy rests is the fundamental
rights of all citizens to be free of discrimination in every sphere of public life. And yet, the
transgender persons (protection of rights) act, 2019, which was passed in the rajya sabha in spite of
the unequivocal opposition it faced from the very community it concerns, is suggestive of the
violation of this basic right. The act was passed in the upper house after 74 members of parliament
voted against and opposition motion to send the document to a select committee for deeper
scrutiny, with only 55 MPs casting their votes in its favour. The implications of these developments
are worrying, not least because they highlight the aversion in the Indian political fraternity to
significant course corrections in policy. The absence of a culture of scrutiny and legislative overhaul
is likely to have direct, adverse consequences for a large section of the population that has been
discriminated against in several ways four decades, and whose reservations about the bill have been
in the public domain for a long time.

On the surface, the newly passed act appears to be empowering. It prohibits discrimination against
transgender persons in educational institutions, government offices, during the renting or
purchasing of property, or while seeking healthcare and using public services. It also grants
transgender citizens the right to 'self perceived' gender identity. Therein, however, lies the rub, for
the act also States that the individual must apply to the district magistrate for an identity certificate
that "confer(s) rights" and acts as "proof of recognition of his (their) identity as a transgender
person". Would it then be unreasonable to assume that the granting of the Identity, rights and
protection of an entire community - all of which it ought to be entitled to anyway - would be
contingent upon the sensitivity and efficiency of the bureaucracy? If access to fundamental rights
and the dignity of life depends upon a bureaucratic nod, can the new act truly claim to be bringing
about real, positive change? This are pressing questions at a time when Sweden has been declared
by the the LGBTQ+Danger Index as the country most friendly to the rights of the LGBTQ community.
Given sweden's long history of rights protection - it was the first nation to allow transgender persons
to change their legal gender after reassignment surgery, and consensual sex among people of the
same gender was legalised way back in 1944 - is there a case to be made for India exploring and
making similar affirmative interventions?

(Extracted, with edits and revisions, from 'The worrying implications of the transgender bill (act)',
editorial published in the telegraph, dated December 2, 2019)

11. Suppose the author is given a chance to make a representation for review of the act. Which
changes, according to the passage, would the author most likely suggest?

(A) district magistrate will provide a transgender certificate only after due verification.

(B) India should follow the US law on transgenders.

(C) separate spaces in government offices and seats in educational institutions must be reserved for
transgender children.

(D) sex reassignment surgeries must be available to Indian transgenders.

12. Which of the following legal statements can be inferred from the passage?

(A) transgender persons are citizens of India.

(B) all citizens of India transgender persons.

(C) there is no person who is a transgender among Indian citizens.

(D) transgender persons must be kept separate from the other citizens in India.

13. X, a transgender went to get admission of his/her adopted male child in a school. The child was
denied admission due to the fact of his guardians/parents being a transgender. Decide.

(A) the school is justified as there is no other transgender's child in the school.

(B) the school is justified if it is a private school.

(C) the school is not justified.

(D) the school has to reserve 10% of total seats for wards of transgenders.

14. Geeta, a transgender applied for a transgender certificate with the District Magistrate (DM). The
DM granted the certificate. Will the author have any issue with this?

(A) yes, as the DM is not the appropriate forum to issue the certificate.

(B) yes, as geeta's identity is being affirmed by DM instead of herself.

(C) no, as Geeta has been, in any case, granted a certificate.

(D) no, as the certificate will help geeta avoid social harassment.
15. Y is a transgender and a citizen of India. Z is a transgender and a citizen of Sweden. Z undergoes
sex reassignment surgery and gets converted into a female. choose the most appropriate option.

(A) Y can register himself as a transgender in India.

(B) Z can register herself as a transgender in India.

(C) Z cannot travel to India after the surgery.

(D) Y and Z both can apply for a sex reassignment surgery in Singapore.

Answer legal

Test 1

1. (C) to ensure that the health of people is not compromised. In 1st paragraph it is mentioned that
the ban is to protect health of citizens (... Shows a welcome intolerance of anything that impacts
negatively on the health and wellness of the people of the country). Option (A) is incorrect as such
choice is not given e cigarettes have been banned. Option (B) is incorrect as no such comparison
with normal cigarettes is made. Option (D) is incorrect as there is no mention of taxes from normal
cigarettes sale in the passage.

2. (A) while both use nicotine, the way it is used is different for both cigarette types. The passage
clearly mentions this in the 1st paragraph (.... E-cigarettes, which where to aid smokers kick their
habit, do not burn tobacco leaves. Instead this battery operated devices produce aerosol by heating
a solution containing among other things, nicotine. Nicotine is an addictive substance.... Other
compounds in the aerosol are toxic substances that have known deleterious effects, and might just
be less harmful than cigarettes, not harmless). Option (B) is incorrect as both use similar substances
in different degrees. Option (C) is incorrect as no information on psychedelic drugs is given. Option
(D) is incorrect s no such information about import from China is given in the passage.

3. (A) No, as he is required by law to deposit the stock to the authorised person. This is mentioned in
the 2nd paragraph (... The owners of existing stock of e-cigarettes will have be declare and deposit
stocks at the nearest office of an authorised officer). Option (B) is a general statement and cannot be
inferred from the passage. Option (C) is incorrect as even if the stock was purchased before, it had to
be deposited to the authorised person. Option (D) is incorrect as no such distinction between
shopkeeper and manufactured is made in the passage.

4. (D) Mr. X can arrest the owner of the shop. It is mentioned in the 2nd paragraph - about powers of
authorised officers (...the authorised officer can seize any record or property connected to e-
cigarettes found during the search... Take the person connected with the offence into custody).
Option (C) is therefore incorrect. option (A) is incorrect as no such power of imposing penalty on
manufacturer is mentioned. Option (B) is incorrect as no such power to sell or keep the proceeds
with himself is mentioned.

5. Karan and Bablu only. Current available for distribution which is prohibited while Bablu is liable for
storage. Note Bablu gives it to Sonu 'the following day' implying storage at his end. Sonu is not liable
as he only consumed it. Please note we have to use the information given in the passage only. The
passage does not prohibited 'consumption' or 'usage'. Hence, except Sonu both Karan and Bablu are
liable. Relevant sentence in the passage - 1st paragraph (... Now any production, import, export, sale
(including online), distribution or advertisement, and storage of e-cigarettes is a cognisable offence).
6.(D) it saver the industry at the cost of farmers. The 1st paragraph mentions this (... The current
draft bill leans towards the interest of the seed industry rather than the farmer). Option (A) is
therefore incorrect. option (B) is incorrect as no such information about minimum cap can be
reasonably inferred from the passage. Option (C) is incorrect as the passage seems to suggest the
opposite of the government will not regulate the seed price for its supply as mentioned in 2nd
paragraph (... In the seed bill, there is no mechanism to regulate seed supply or seed price).

7. (C) members of civil society, NGOs, farmers organisations representatives are asked to give their
suggestions on the draft bill. One of the drawback of the bill is non consultation from the public.
Defence mentioned in 4th paragraph (... When a new legislation is drafted, there is a provision for
people to raise objections before is right is granted if they fear there is wrongdoing. This feature
exists in the PPVFRA, but it is missing in the seeds bill). This problem will be resoled taking
suggestions from various stakeholders as given in option (C). option (A) is incorrect as already as per
the author, thebill is tilted in favour of the industry. Giving a say to them would further aggravate
this concern. Option (B) is again diluting powers of the farmers, against which the author is arguing
throughout the passage. Option (D) is incorrect as it is absolving liabilities of a company, when
already the bill is tilted in their favour. The author would surely not agree with this proposition.

8. The government cannot do anything. Note that we have to answer keeping in mind that the draft
seeds bill is passed. The author mentions the inability of goverment to regulate prices in 2nd
paragraph (... In the Seed bill, there is no mechanism to regulate seed supply or seed price. This
could result in high speed prices, and even a lack of adequate seed supply). Option (B) is therefore
incorrect. No such power with the government to imprison or penalized the company is mentioned
in the passage. Option (C) and (D) are hence, incorrect.

9.(D) korma farm solutions has to share the profits with government, provided the draft seeds bill is
not passed. When a new variety is produced the profit are to be shared with the national gene bank
as mentioned in 3rd paragraph (... The seed bill does not require the seed industry... There is no
opportunity to claim benefit sharing as provided in the PPVFRA, according to which if a plant breeder
uses farmers varieties to breed his variety, he is required to pay a part of the profits off the new
commercialized variety into the government's national gene bank). He is not required to share the
profits with Govardhan in any case whether draft seeds bill is passed or not. Hence, option (A) (B)
and (C) are incorrect.

10.(C) Mr. Akram is not liable if he was unaware about the malpractices. We have to answer keeping
in mind that the seeds bill is passed. In the 5th paragraph the author mentions about absolving of
liability of a company officials provided it was without their knowledge (... Absolve company officials
from any punishment for violations, saying that if they prove it happened without their knowledge,
they are not liable). Options (A) and (B) are therefore incorrect. Option (D) cannot be derived from
information given in the passage.

11.(D) sex reassignment surgeries must be available to Indian transgenders. Towards the end of the
passage, the author give some instances of transgender law in Sweden. One of the feature of
Swedish law is availability of sex reassignment surgeries to transgenders which the author argues
could be made available in India as well. Option (A) is incorrect as the author is already criticizing
the role of DM for grant the the transgender identity. Further granting this after due verification
would be against author's reasoning in the passage. Option (B) is incorrect as the only country which
the author compares is is Sweden and not USA. Option (C) is incorrect the author seems satisfied
with the provisions in present act for prohibition of discrimination at government offices and
educational institutions. Reservation of seats or providing separate spaces is too far fetched and
seems superfluous.

12. Transgender persons are citizens of India. In the 1st paragraph the author mentions that there
should be no discrimination against any citizen of India and yet (sadly so) there is discrimination
against transgender persons thereby implying that transgender person are are citizens of India (...
One of the founding principles upon which the ideal of Indian democracy rests is the fundamental
right of all citizens to be free of discrimination in every sphere of public life. And yet, the transgender
persons (protection of rights), bill, 2019, which...). Option (B) is incorrect as not every citizen is a
transgender but only some. Option (C) is incorrect as, if it were so, there would have been no
discrimination against them in India and no requirement of a law, which is not the case here. Option
(D) is reinforcing discrimination rather than allaying it.

13.(C) the school is not justified. the author in 2nd paragraph mentions this (... It prohibits
discrimination against transgender persons in educational institutions...). Option (A) is incorrect as
inspite of the fact that there is no other transgender's child in school. X's child cannot be denied
admission. Option (B) is incorrect as the act makes no distinction between private or government
schools. It covers all educational institutions. Option (D) is incorrect as no such provision of reserving
seats can be derived from the passage.

14.(B) Yes, as Geeta's identity is being affirmed by DM instead of herself. The author questions the
bureaucracy's power in granting the certificate when it should rest with the the individual
transgender. This is mentioned in the 2nd paragraph (... Would it then be unreasonable to assume
that the granting of the Identity, rights and protection of an entire community - all of which it ought
to be entitled to anyway - would be contingent about the sensitivity and efficiency of the
bureaucracy?). Option (C) is therefore incorrect. Option (A) is incorrect as DM is, as per the act, the
appropriate forum to issue the certificate. Option (D) is incorrect as no link between the certificate
and social harassment can be logically derived from the information given in the passage.

15.(A) Y can register himself as a transgender in India. Transgender persons have a right under the
act to register themselves by getting a certificate from the DM (... That the individual must apply to
the district magistrate for an identity certificate that "confer(s) rights" and acts as "proof of
recognition of his (their) identity as a transgender person"). Option (B) is incorrect as Z is no longer a
transgender after the sex reassignment surgery and in any case is not a citizen of India. Option (C) is
incorrect as no such bar on travel is mentioned in the passage. Option (D) is incorrect as we are not
given information about the legality of sex reassignment surgeries in Singapore.

Test 2

Directions for questions 1 to 15: you have been given some passages followed by five questions
based on each passage. You are required to choose the most appropriate option which follows from
the passage. Only the information given in the passage should be used for choosing the answer and
no external knowledge of law howsoever prominent is to be applied.

Passage 1

Sabrimala temple is a Shasta temple located at Sabarimala in the district of Pathanamthitta, Kerala,
India. In the past, menstruating age women devotees were not allowed to worship in the temple.
The high court of Kerala in 1991 forbid women to enter the temple. In September 2018, The hon'ble
supreme court of India held that "admission to Sabarimala should be allowed to all pilgrims
regardless of gender, including women in the menstruating age group." That supreme court's
constitutional bench further held that any exception placed on women because of biological
differences is in breach of the constitution and that the ban violets the right to equality under article
14 and id3 dam of religion under article 25. This verdict has led to protests from some quarters.
Despite threats physical assault, several women have been bold and have tried to enter sabrimala
but have failed to reach the holy place.

In 2006 a writ petition was filled in the hon'ble supreme court by the Indian young lawyers
association, seeking entry of women between 10 to 50 years. In 2008 the matter was referred to 3
judges Bench. In the instant proceedings, in 2008, the 3 judge constitution bench in majority held
that prohibiting women between the age of 10 to 50 years from entering the sabrimala temple is
violative of article 25 (1) and violative of Kerala Hindu places of public worship act 1965.

In 2017 the supreme court referred the case again to the constitution bench. A five-judge supreme
court bench in September 2018 permitted women of all ages to join the revered shrine. The state
government sought time to implement the verdict, however even after the the entry was allowed a
large number of followers camped outside the shrine to prevent the entry of women of all age.

In February 2019 a review petition was filed challenging the 2018 supreme court order. The order
was expected to be announced on 14 November, 2019 to either uphold or set aside the September,
2018 order. But on 14 November, 2019 the supreme court referred the review plea to a larger bench
and the matter was rescheduled for 06 February, 2019.

A Supreme court's nine-judge constitution bench on 6 February,2020 reserved its order for Monday
10 February, 2020 on wheather a five-judge constitutional bench could have made a reference to
the largest bench of hearing the sabrimala judgement. Upon prnouncing the decision, it is expected
that the court will frame issues to be decided by the bench.

1. According to the passage select the statement that can be most plausibly inferred from the
author's reasoning?

(A) the State Government of Kerala implemented the order of the supreme court.

(B) the State Government of Kerala breached the order of the supreme court.

(C) the State Government of Kerala failed to implement Supreme court's order.

(D) the State Government of Kerala was indifferent towards the supreme court's order.

2. which of the following fact is true with respect to the context of the sentence?

(A) only women were not allowed to enter the sabrimala temple.

(B) only women of menstruating age where not allowed to enter the sabrimala temple.

(C) only men were allowed to enter the sabrimala temple.

(D) only women between 10 to 15 years of age were allowed to enter the temple.

3. what is the minimum number of judges required to form a "constitution bench"?

(A) 3 judges

(B) 5 judges

(C) 7 judges
(D) 9 judges

4. In the district X of state Y there was temple which remained closed in the afternoon. Z a devotee
of lord Shiva took a vow to walk barefooted in the scorching heat of the afternoon to temple Y to
pay tribute. Finding the temple closed, he filed a suit in the court alleging that fundamental rights
have been violated. Decide.

(A) Z's claim would succeed as his right to equality is violated.

(B) Z's claim would succeed as his right to religion is violated.

(C) Both (A) and (B)

(D) Z's claim would fail.

5. X a person belonging to a lower caste community living in village Y. The panchayat of village Y
issued a diktat prohibiting the entry of the community to which X the belonged in the village temple.
X challenged the diktat on the ground of being violated of his fundamental rights. Decide.

(A) X's claim would succeed as his right to equality is violated.

(B) X's claim would succeed as his right to equality is violated.

(C) Both (A) and (B)

(D) X's claim would fail.

Passage 2

The writ of habeas Corpus is generally filed to enquire about the whereabouts of a person. It has
been misused buy some litigants as a useful tool to try and get release of the detained person from
prison. The primary purpose of moving a writ of habeas Corpus is more in the nature of "search and
detection" of a missing person. What most people are not aware of is that even when a writ of
habeas Corpus is issued, it does not routinely acquit the detained person or waive off his liability
under the law.

A criminal appeal title THE HOME SECRETARY (PRISON) & ORS. v/s H. NILOFER NISHA having criminal
appeal No. 145 of 2020 was decided on 23rd January, 2020 in the Hon'ble Supreme court of India, in
which the main issue which arose before the court for decision was: "whether a writ of habeas
Corpus would lie, for securing release of a person who is undergoing a sentence of imprisonment
imposed by court of competent jurisdiction praying that he be released in terms of some
Government orders/Rules providing for premature release of prisoners?"

In this case the Bench of justice S. Abdul Nazeer and justice Deepak Gupta observed that "it is not for
the writ court to decide whether a prisoner is entitled to Parole or remission and these matters
squarely lie in the domain of government."

It was contended on behalf of the state that by directing for the release of the prisoners and
allowing their Habeas Corpus petitions, the high court over stepped its powers and jurisdiction under
article 226 of the constitution of India. Under the scheme, the High court could have directed the
concerned authorities to consider the representation but could not have ordered for the release of
the prisoners, the state contended.
After hearing the arguments, the Hon'ble Supreme court noted that in the instant case, the
petitioners were all sentenced of life imprisonment and most were convicted of offences as serious
as those under section 302 of the Indian panel code mainly murder. The supreme court held the
High court did not have the power to release prisoners and that the government is responsible for
the decision on parole and remission.

6. According to the passage select the statement that can be most plausibly inferred from the
author's reasoning:

(A) a person cannot be released under the writ of habeas corpus by court if serious offences are
involved.

(B) a person cannot be released under the writ of habeas Corpus by court if such release is prayed
under Government orders or rules.

(C) a person cannot be released under the writ of habeas corpus if the court finds the person guilty
for offences committed directly against the government.

(D) a person cannot be released under the writ of habeas corpus by court on its own volition.

7. Which of the following is not a feature of the writ of habeas corpus?

(A) it is filed to enquire about the location of an imprisoned person.

(B) it is often misused by litigants to get their clients released.

(C) it is used to waive off the legal liability of an accused.

(D) it is does not routinely acquit the detained person.

8. which of the following can be the literal meaning of the term 'habeas Corpus' according to the
passage?

(A) we command

(B) to have the body

(C) by what authority

(D) punish the guilty

9. X was an army officer who was accused of selling army secrets to enemy state. He was sent to the
prison and was tried under the army act and his trail was governed by the army manual which is a
government document. He applied for Parole in the High court as he wanted to meet his family.
Decide.

(A) the high court can issue the writ of habeas Corpus to direct his release.

(B) the high court cannot issue the writ of habeas Corpus to direct his release.

(C) the high court can transfer the matter to the government.

(D) Both (B) and (C)

10. X watch a retired army officer who was convicted for the murder of one of his fellow retired
army personnel. He was sentenced to imprisonment but prayed for his early release from the High
court on the ground of his good behaviour and service of the nation. Decide.
(A) the high court can issue the writ of habeas Corpus to direct his early release.

(B) the high court cannot issue the writ of habeas Corpus to direct his early release.

(C) the high court can transfer the matter to the government.

(D) Both (B) and (C)

Passage 3

Article 72 of Indian constitution grants power to the president to grant pardons, suspend, remit or
commute sentences in certain cases. As per this power the president has sole authority to grant
mercy petitions in criminal cases on the aid and advice of the council of ministers. Similarly, the
Indian constitution also grants power to the governor as per article 161 to grant pardon, suspend,
remit or commute sentences of any convict for an offence against law or to a matter to which
executive power of state extends.

In the case of keher Singh Anr V. Union of India, the supreme court observed that, "it is approximate
that in the matter of life and personal liberty, another degree of protection should be extended buy
entrusting power to some high authority to consider the option of commutation. The power so
entrusted is a power belonging to the people and lies in the highest dignitary of the state.

the president while exercising his power can also scrutinized the evidence on record. In doing so, the
president cannot amend or modify for supersede the judicial record. Also, there is no right available
to the person condemned to insist on oral hearing before the president.

According to Webster dictionary of law "judicial review is a power of a court to review the action of
public sector bodies in terms of their constitutionality in some jurisdiction, it is also possible to
review the constitutionality of law itself." Judicial review in an independent judiciary is a
fundamental feature, and it assures faith in the constitution.

The limits of judicial review as granted under article 72 and 161 of the Indian constitution have been
outlined in the case of Maru Ram v. Union of India. the supreme court observed that all public
power, including constitutional powers should not be exercised arbitrarily or mala fide. The bench in
Maru Ram case also noted that the power conferred by article 72 is a highly privileged power vasted
by the constitution in the highest functionary of the union.

Judicial review of the order of the president or the governor under article 72 or article 161 can be
impugned on the following grounds:-

* If the order had been passed without the application of mind

* That the order is mala fide

* That the order has been passed on extraneous or wholly irrelevant considerations.

* that relevant materials have been kept out of consideration

* That the order suffers from arbitrariness

11. Which of the following does not fall within the Ambit of the power of the president under article
72?

(A) he can pardon a person who has been sentenced to death for the offence of murder.

(B) he can decrease the term of punishment of a convicted felon.

(C) he can substitute the punishment of a convict with an alternative punishment.

(D) he can prevent a person from being tried in the court of law for certain offences.

12. What is the rationale behind providing such power to the president and governor under the
constitution?

(A) to establish a harmony and check and balance mechanism between the executive and judiciary.

(B) to delegitimise the authority of the judiciary and the legislature.

(C) to add a level of protection for the accused in in matters of life and liberty.

(D) to recognise the political superiority of the head of the state.

13. Which of the following is the restriction which is imposed on the pardoning power of the
president and governor?

(A) the power should not be used in an arbitrary for mala fide manner.

(B) the decision of pardoning a convict has to be e done in a time bound manner.

(C) the president should be made answerable to to the merits of his decision.

(D) all of days

14. A and B were convicted for the offence of murder and were given capital punishment. They
submitted a mercy petition before the President who granted A's petition as he belonged to an
underprivileged caste and rejected B's petition as he came from a privileged caste. Decide.

(A) the order of the president is Arbitrary.

(B) the order of the president is malicious.

(C) the order of the president is justified.

(D) Both (A) and (B)

15. A and B were convicted for the offence of theft and were given and imprisonment of 5 years.
They submitted a mercy petition before the President who granted A's petition as he was a first time
offender and a minor while rejected B's petition as he was a habitual offender. Decide.

(A) the order of the president is Arbitrary.

(B) the order of the president is malicious.

(C) the order of the president is justified.

(D) Both (A) and (B)

Test 2 answer

1.(C) option (C) is the correct answer as it has been referred in the passage that despite Supreme
court's decision "several women have been bold and have tried to enter Sabarimala but have failed
to reach the holy place"and that the "the state government shought time to implement the verdict".
2.(B) option (B) is the correct answer as it has been mentioned in the first paragraph that "in the
past, menstruating age women devotees were not allowed to worship in the temple".

3.(B) option (B) is the correct answer as it has been referred to in the last paragraph that 5 judges
bench would be a 'constitution bench' whereas a 3 judges bench would not be a 'constitution bench'
as referred to in other parts of the passage. Therefore, the minimum number of judges required to
form a a 'constitution bench' is 5.

4.(D) option (D) is the correct as Z's claim would fail as since the temple was closed for everyone the
right to equality was not violated and the act of closing the temple at afternoon does not prevent Z
from practicing his religion thus the right to religion is also not violated.

5.(C) option (C) is the correct answer as the diktat of the panchayat violated both X's right to equality
and right to freedom of religion.

6.(B) option (B) is the correct answer as it can be inferred from the issue stated in the passage that if
the prisoner prays that he be released in terms of some Government orders/rules providing for his
premature release, the court cannot decide on the matter.

7.(C) option (C) is the correct answer as it has been mentioned in the passage that the writ of habeas
corpus does not waives off the legal liability of an accused making option (C) the incorrect feature
about the writ of habeas corpus.

8.(B) option (B) is the correct answer as in the passage the meaning of the writ 'habeas corpus' has
been given as "to enquire about the whereabouts of a person" which literally corresponds to the
literal meaning of 'to have the body'.

9.(D) option (D) is the correct answer as the high court does not have the authority to issue the writ
as the parole is prayed based on the army manual which is a government document and it has to
transfer the case to the government.

10.(A) option (A) is the correct answer as the being a retired army officer his trial is not governed by
any government rules or orders and thus the High court has the jurisdiction to decide on the matter
of his early release.

11.(D) option (D) is the correct answer as under article 72 of the constitution the president has the
power to grant pardons, suspend, remit or commute sentences as given in options (A) to (C) but he
cannot prevent a court from legally trying and accused.

12.(C) option (C) is the correct answer as the pardoning power of the president and governor gives
an added layer of protection to the accused to have an alternative recourse even after being
adjudicated guilty by the judiciary.

13.(A) option (A) is correct answer the only restriction of the pardoning power is that it should not
be used arbitrarily aur maliciously by the head of the state.

14.(A) option (A) is the correct answer as the decision of the president suffers from discrimination
based on caste and hence is arbitrary.

15.(C) option (C) is the correct answer as the decision of the president is justified and does not
suffers from any arbitrariness or maliciousness and is based on sound reason and logic.