You are on page 1of 67

©LegalEdge Tutorials Page 1 of 64

Replication or other unauthorized use of this material is prohibited by the copyright laws of India
Contents
S. No Contents Page No.
1. How to ace the new Legal Reasoning section? 3
2. List of Important Articles of the Indian Constitution 5
3. Schedules of the Constitution of India 6

4. Important Bodies/Offices involved in Administration of Justice 7

5. Important Enactments (2020-21) 9


6. Important Amendments to Various Laws (2020-21) 11
7. Prominent Pending Bills 14
8. List of Important Tribunals 18
9. Commissions and Committees (Constituted in 2020) 19
10. Committees and Commissions (Recommendations given in 2020) 20
11. Most Prominent Judgments of 2020-21 21
12. Important International Legal Current Affairs 25
13. Important National Legal Current Affairs 30
14. Sectional Test (Legal Reasoning) 36
15. Answer Key & Explanations - Sectional Test (Legal Reasoning) 49
16. Sectional Test (Current Legal Knowledge) 51
17. Answer Key & Explanations - Sectional Test (Current Legal Knowledge) 56
18. Most Important Topics for Legal Reasoning 59

Published by: LegalEdge Tutorials. 127, Zone-II, M.P. Nagar, Bhopal – 462011.
Contact No: 9111555433
www.legaledge.in

©LegalEdge Tutorials Page 2 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
HOW TO ACE THE NEW LEGAL REASONING SECTION?

Dear CLAT Aspirants,


It’s the last few weeks before CLAT 2021 preparation and you must be going strong with your preparation.
Since CLAT has changed its pattern with CLAT 2020, many students are still finding it difficult to cope with
the new pattern. So, in this article, we have discussed the shift in the pattern of Legal Reasoning section, ways
to prepare for the same and tips and tricks to ace the Legal Reasoning section of CLAT 2021.
As a recap, Legal Reasoning section of CLAT 2021 will consist of approximately 35-39 questions carrying one
mark for each correct answer and 0.25 negative mark for each wrong answer. The Legal Reasoning section will
include questions based on legal comprehension i.e. there will a passage related to any static or current legal
issue followed by 5- 6 questions. The questions will be both straight forward questions and Legal Reasoning
based questions. The straight forward questions will test the ability of the student to put forth the best
conclusion or supporting argument related to the legal issue discussed in the passage. This will require good
and unbiased comprehending skills of the students to answer such questions. The other kind of questions will
be based on Legal Reasoning i.e. students will be given a hypothetical situation and will have to decide the
case applying the legal knowledge provided to them in the passage. These questions to a great extent are based
on the previous pattern of principle-fact based questions. The only difference is, instead of legal principle,
there will be a passage related to law.

So, how to prepare for the new pattern?


There is no doubt that with the change in the pattern, the Legal Reasoning section has become lengthy and
students will find it difficult to finish the entire section in the stipulated time of 34 to 36 minutes. The only skill
to the rescue will be a decent reading speed. So read and read and read (as much as you can)
With hardly two months left for CLAT 2021, students should be spending around 2 to 3 hours reading
newspapers, blogs, magazines etc. Start with any good news paper (The Hindu or Economic Times). Read the
editorial section and all important news articles in the newspaper, this will not only serve as a good read but
the information provided there will help you with your preparation for both Legal Reasoning as well as
current affairs section.
Apart from newspapers, read blogs. There are many blogs that mentions the reading time required to read the
entire article. You might initially end up spending more than the required time to read the content but make
sure you come along the same speed by doing the reading exercise every day.

The next legitimate question that arises from discussion so far is what to read?
To be able to perform better at Legal Reasoning, read articles related to static and current legal issues. Go
through the current legal issues in the last ten months and read about them. Read about the landmark and
important cases decided in last one year, all the new amendments and enactments done in both monsoon and
winter session of the parliament along with contemporary issues like LGBTQ rights or Medical Termination of
Pregnancy which have been a part of the news in the last few months.
Reading about static and current legal issues prior to your CLAT 2021 will give you a basic understanding of
the topic which will further help you in understanding the passage easily and at a much faster pace during
your final exam.

Secondly, you might land up in a situation where you are running out of time and cannot invest the last three-
four minutes left in reading the entire passage. Here, your prior basic understanding of the legal issue will be
of great help as you might be able to answer couple of questions even without reading the entire passage word
to word. So reading is the key to score well in CLAT 2021.
The next problem faced by students is lack of understanding of legal terms which they find in the passage and
in questions. For this, improve your legal vocabulary including legal jargons, legal terms, foreign phrases and
maxims. To improve this area, going through the list of such terms with their meanings multiple times will
help, but the most effective way to improving the legal vocabulary would be marking all such terms you come

©LegalEdge Tutorials Page 3 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
across while reading any article or passage, looking up its meaning and interpreting the term in its contextual
meaning.
Once you have started your reading journey and working on your legal vocabulary, the next are the tips and
tricks to score well in the exam.
 Always read the comprehension first and then attempt the questions. This will make sure that you do
not form opinions by reading the hypothetical situation first and end up marking answers in a biased
manner.
 Keep in mind the views of the author while answering the questions and do not confuse it with your
own. While choosing the right option among the two correct options, always go with the one which has
clear reference in the passage.
 The most important of all, do not miss any Mock Tests or any practice test provided to you. As we
would know that there are no proper reference books available on the new pattern and the only source
to practice these questions are the tests provided to you. So take the tests seriously and try to improve
your legal comprehension skills through these tests.
Remember, working consistently on your reading skills is key to succeeding in CLAT 2021. You might not get
an instant takeaway after reading for couple of hours but trust the process. Eventually you will get a complete
hang of the new pattern. So, stay positive and prepare well :)

All the best!

Legal Reasoning Department


LegalEdge Tutorials

©LegalEdge Tutorials Page 4 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
LIST OF IMPORTANT ARTICLES OF THE INDIAN CONSTITUTION

Tip: These Articles are to be memorized by heart, as direct questions may come on these Articles.

Article 1 – Name and Territory of the Union Article 123– Power of President to promulgate
Article 2 – Admission or establishment of new States Ordinances during recess of Parliament
Article 3 – Formation of new states and alteration of Article 124– Establishment and Constitution of Supreme
areas, boundaries or names of existing States Court
Article 5– Citizenship at the commencement of the Article 129– Supreme Court to be a court of record
Constitution Article 131– Original Jurisdiction of the Supreme Court
Article 9– Persons voluntarily acquiring citizenship of Article 136– Special leave to appeal by the Supreme
a foreign State not to be citizens Court
Article 12 – Definition of ‘State’ Article 141– Law declared by Supreme Court to be
Article 13– Laws inconsistent with or in derogation of binding on all courts
the Fundamental Rights Article 143– Power of President to consult Supreme
Article 14– Equality before law Court
Article 17– Abolition of untouchability Article 148– Comptroller and Auditor-General of India
Article 19– Protection of certain rights regarding Article 153– Governors of States
freedom of speech, etc. Article 155– Appointment of Governor
Article 20– Protection in respect of conviction for Article 163– Council of Ministers to aid and advise
offences Governor
Article21– Protection of life and personal liberty Article 165– Advocate-General for the State
Article 21A- Right to education Article 168– Constitution of Legislatures in States
Article22– Protection against arrest and detention in Article 191– Disqualifications for membership
certain cases Article 194– Powers, privileges, etc., of the House of
Article 23– Prohibition of traffic in human beings and Legislatures and of the members and
forced labour committees thereof
Article 24– Prohibition of employment of children in Article 199– Definition of “Money Bills” (State)
factories, etc. Article 202– Annual Financial Statement (casually known
Article 30– Right of minorities to establish and as ‘State Budget’)
administer educational institutions Article 213– Power of Governor to promulgate
Article 32– Remedies for enforcement of right conferred Ordinances during recess of Legislature
by this part Article 214– High Courts for States
Article 39A- Equal justice and free legal aid Article 215– High Courts to be courts of record
Article 40– Organization of village Panchayats Article 226– Power of High Courts to issue certain writs
Article 44– Uniform Civil Code for the citizens Article 233– Appointment of District Judges
Article 45– Provision for early childhood care and Article 266– Consolidated Funds and Public Accounts of
education to children below the age of six India and of the States
years Article 267– Contingency Fund
Article 51A- Fundamental Duties Article 300A– Persons not to be deprived of property save
Article 52– The President of India by authority of law
Article 61- Impeachment of the President Article 312– All-India Services
Article 63– The Vice-President of India Article 343– Official language of the union
Article 64– The Vice-President to be ex-officio Chairman Article 348– Language to be used in the Supreme Court
of the Council of States and in the High Courts and for Acts, Bills,
Article 74– Council of Ministers to aid and advise etc.
President Article 352– Proclamation of Emergency
Article 75– Other provisions as to Ministers (this Article Article 356– Provisions in case of failure of constitutional
establishes the post of Prime Minister) machinery in States
Article 76– Attorney-General for India Article 359– Suspension of the enforcement of the rights
Article 79– Constitution of Parliament (Lok Sabha + conferred by Part III during emergencies
Rajya Sabha) Article 360– Provisions as to Financial
Article 105– Powers, privileges, etc. of the Houses of Emergency.[Repealed]
Parliament and of the members and Article 368– Power of parliament to amend the
committees thereof Constitution and procedure thereof
Article 108– Joint sitting of both Houses in certain cases Article 370– Temporary provisions with respect to the
Article 110– Definition of “Money Bills” (Union) State of Jammu and Kashmir (all clauses
Article 112– Annual Financial Statement (casually known except clause 1 is inoperative from 6th
as ‘Union Budget’) August, 2019.)
©LegalEdge Tutorials Page 5 of 64
Replication or other unauthorized use of this material is prohibited by the copyright laws of India
SCHEDULES OF THE CONSTITUTION OF INDIA

First Schedule List of States & Union Territories


Salary of President, Governors, Chief Judges, Judges of High Court and Supreme Court,
Second Schedule
Comptroller and Auditor General
Third Schedule Forms of Oaths and Affirmations
Fourth Schedule Allocation of seats for each state in Rajya Sabha
Fifth Schedule Administration and Control of Scheduled Areas and Tribes
Provisions for administration of Tribal Area in Assam, Meghalaya, Tripura, Mizoram &
Sixth Schedule
Arunachal Pradesh
Gives allocation of powers and functions between Union & States. It contains 3 lists
Union List (For Central Government)
Seventh Schedule
States List (Powers of State Government)
Concurrent List (Both Union & States)
List of 22 languages of India recognized by Constitution
1. Assamese 2. Bengali 3. Gujarati
4. Hindi 5. Kannada 6.Kashmiri
7. Manipuri 8. Malayalam 9. Konkani
10. Marathi 11. Nepali 12. Oriya
13. Punjabi 14. Sanskrit 15. Sindhi
Eighth Schedule 16. Tamil 17. Telugu 18. Urdu
19. Santhali 20. Bodo 21. Maithili
22. Dogri
Added by first amendment in 1951. Contains acts & orders related to land tenure, land tax,
Ninth Schedule
railways, and industries. Acts in Ninth Schedule cannot be reviewed by the courts.
Added by 52nd amendment in 1985. Contains provisions of disqualification of grounds of
Tenth Schedule
defection.
Eleventh Schedule By 73rd amendment in 1992. Contains provisions of Panchayati Raj (Rural Panchayats)

Twelfth Schedule By 74thamendment in 1992. Contains provisions of Municipal Corporation (Urban Panchayats)

©LegalEdge Tutorials Page 6 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
IMPORTANT BODIES/OFFICES INVOLVED IN ADMINISTRATION OF JUSTICE

1. INTERNATIONAL COURT OF JUSTICE (ICJ) Chairperson: Each Court is presided by one Chief
Origin: Principal Judicial organ of the United Justice
Nations. Established through UN Charter, 1945. Description: Each High Court has jurisdiction
President: Joan Donoghue (US) over a state, a union territory or a group of States
Vice President: Kirill Gevorgian (Russia) and Union Territories. There are total 25 High
Other Members: It comprises a panel of 15 judges courts in the country.
elected by the General Assembly and Security Updates: The High Court of Andhra Pradesh is
Council for nine-year term. Justice Dalveer the latest edition which started functioning from
Bhandari (India) serves as a member judge for the January 2019, taking the tally to 25 High Courts in
term 2012-2027. the country.
Description: It settles legal disputes between Newly appointed Chief Justices of High Courts
member states and gives advisory opinions to [Note : Updated as on 28th April, 2021]
authorized UN organs and specialized agencies. It 1. Allahabad High Court- Justice Sanjay Yadav
is seated in the Peace Palace in The Hague, (acting)
Netherlands. 2. Andhra Pradesh High Court- Justice Arup
Updates: India has been a party at the ICJ on a Kumar Goswami
total of six occasions. Four of these cases were 3. Bombay High Court- Justice Dipankar Datta
against the neighboring nation Pakistan. The latest 4. Calcutta High Court- Justice T.B. Nair
case was of Kulbhushan Jadhav. Radhakrishnan
5. Chhattisgarh High Court- Justice PR
2. INTERNATIONAL CRIMINAL COURT (ICC) Ramchandra Menon
President: Piotr Hofmański (Poland) 6. Delhi High Court- Justice Dhirubhai
Other Members: The ICC has four principal Naranbhai Patel
organs: Presidency, the Judicial Divisions, the 7. Guwahati High Court- Justice Sudhanshu
Office of the Prosecutor, and the Registry. Dhulia
Description: It is an intergovernmental 8. Gujarat High Court- Justice Vikram Nath
organization and international tribunal that sits in 9. Himachal Pradesh High Court- Justice
The Hague in the Netherlands. The ICC has the Lingappa Narayan Swamy
jurisdiction to prosecute individuals for the 10. Jammu and Kashmir High Court- Justice
international crimes of genocide, crimes against Pankaj Mithal
humanity, and war crimes. Currently, there are 11. Jharkhand High Court- Justice Ravi Ranjan
123(last one is Malaysia) states which are party to 12. Karnataka High Court- Justice Abhay
the Rome Statute and therefore members of the Sreeniwas Oka
ICC. 13. Kerala High Court- Justice S Manikumar
14. Madhya Pradesh High Court- Justice
3. SUPREME COURT OF INDIA Mohammad Rafiq
Origin: Article 124 of the Constitution of India 15. Madras High Court- Justice Sanjib Banerjee
Chairperson: Justice N V Ramana is the current 16. Manipur High Court- Justice P V Sanjay
and 48th CJI. Kumar
Other Members: Currently there are a total of 27 17. Meghalaya High Court- Justice Biswanath
sitting judges. Hon'ble Justice Mohan M. Somadder
Shantanagoudar the 28th sitting judge of SC passed 18. Odisha High Court- Justice S Muralidhar
away in April 2021 due to covid. 19. Patna High Court - Justice Sanjay Karol
Description: The Supreme Court of India is the 20. Punjab and Haryana High Court- Justice Ravi
highest judicial forum and final court of appeal Shankar Jha
under the Constitution of India, the highest 21. Rajasthan High Court- Justice Indrajit
constitutional court, with the power of Mahanty
constitutional review. After the, Supreme Court of 22. Sikkim High Court- Justice Jitendra Kumar
India Number of Judges (Amendment) Act, 2019, Maheshwari
the total number of judges in Supreme Court has 23. Telangana High Court- Justice Hima Kohli
increased to 33+1. 24. Tripura High Court- Justice Akil Abdul
4. HIGH COURTS IN INDIA Hamid Kureshi
Origin: Article 214 of the Constitution of India 25. Uttarakhand High Court- Justice Raghvendra
Singh Chauhan

©LegalEdge Tutorials Page 7 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
Description: An Advocate General is a legal
5. ATTORNEY GENERAL OF INDIA (AGI) advisor to a State Government. The Governor of
Origin: Appointed by President under Article each state shall appoint a person who is qualified
76(1). to be appointed judges of High Court.
Current: K. K. Venugopal.
Description: The Attorneys General for India is 8. MINISTRY OF LAW AND JUSTICE
the Indian Government’s Chief Legal Advisor, Origin: Government of India formed Cabinet
and its primary lawyer in the Supreme Court of Ministry in 1833.
India. He can be said as the lawyer from Current Law Minister: Ravi Shankar Prasad
government's side. Description: Itis a cabinet ministry that deals in
the management of legal affairs, legislative
6. SOLICITOR GENERAL OF INDIA (SGI) activities and administration of justice.
Origin: Statutory post under Law Officers (Terms
and Conditions) Rules, 1972 9. BAR COUNCIL OF INDIA (BCI)
Current: Tushar Mehta Chairperson: Manan Kumar Mishra
Other Members: There are 13 other Additional Other Members: Satish Abarao Deshmukh
Solicitor Generals of India under the SGI. Description: The Bar Council of India is a
Description: The Solicitor General of India is statutory body that regulates the legal practice
below the Attorney General for India and is the and legal education in India. It conducts the All
secondary law officer of the country. India Bar Examination which awards the state-
enrolled advocate with a ‘Certificate of Enrolment’
7. ADVOCATE GENERAL OF STATES which enables the state-enrolled advocate to
Origin: Constitutional post under Article165. practice law as an advocate in any High Court and
Chairperson: Each State has its own Advocate Lower Court within the territory of India.
General.
Other Members: Additional Advocate Generals

©LegalEdge Tutorials Page 8 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
IMPORTANT ENACTMENTS (2020-21)
1. LABOUR CODES, 2020
Date of Presidential Assent: 8th September, 2020
Important Provisions:
MENTS (2019-20)
The Code was proposed to replace 29 existing laws with four codes: (a) Code on Wages; (b) Industrial Relations
Code; (c) Social Security Code; and (d) Occupational Safety, Health and Working Conditions Code

Occupational Safety, Health and Working Conditions Code, 2020


The Code has been made applicable to all the establishments where any hazardous activity is being carried out,
without any regard to the number of workers employed.
The Code prohibits engagement of contractual labour in core activities except in (a) the normal course of
functioning; (b) nature of activity does not require full time employment; (c) when there is an increase in work load
or the work is time barred.
“inter-state migrant workers” means any person who moves out of their home state for employment and earning
maximum wages as notified by the Central Government. The code lays down various benefits for an inter-state
migrant worker.

The Code on Social Security, 2020


The Code provides for establishment of bodies for the administration of the social-security schemes- like, (a)
Central Board of Trustees; (b) Employees State Insurance Corporation; (iii) National and State Social Security
Boards; and (iv) Building Worker’s Welfare board at state-level.
The Code specifies various social security schemes including the Employees Provident Fund (EPF), Employees
Pension Scheme (EPS), maternity benefits to women employees, etc. It also mentions the conditions for the
applicability of these schemes.

The Industrial Relations Code, 2020


The Code has been introduced in the replacement of (a) the Trade Unions Act, 1926 (b) The Industrial Employment
(Standing Orders) Act, 1946 (c) The Industrial Disputes Act, 1947.
Under the provisions of the Code, the Government provides for an exemption from the applicability of this Code to
any establishment in the public interest.
The Code defines important terms like ‘industry’, ‘employer’, ‘employee’, ‘trade union’, ‘retrenchment’ and
‘worker’.
The Code provides that for the establishment of a negotiating union or negotiating council. In case of a single union,
the union will be recognized as the negotiating union. In case of multiple trade unions, the trade union with 51%
membership of shall be recognized as the negotiating union.

The Code on Wages, 2019


The Code is applicable to all employees wherein employees in mine, railways and oil fields are under the Central
Government. For all other employees, the State Government is the decision making authority.
The Code defines ‘wages’ to include salary, allowance and any other monetary benefit. It authorizes the Central
Government to fix floor-wages as per the living standard of workers in different areas.
The Code also calls for notifying minimum wages which should be more that floor-wages. It is to be based on the
skill of the worker among other factors related to the work.

©LegalEdge Tutorials Page 9 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
THE FARM REFORM BILLS
Date of Presidential Assent: 27th September, 2020
Important Provisions:
Farm Bill 2020 had three bills; (a) Farmers' Produce Trade and Commerce (Promotion and Facilitation) Bill; (b)
Farmers (Empowerment and Protection) Agreement on Price Assurance; and (c) Farm Services Bill and Essential
Commodities (Amendment) Bill.

Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Ordinance, 2020
It creates a framework that would facilitate agreement between the farmer and the buyer before the stage of
production.
The minimum period of farming agreement has to be for one crop season and one production cycle for livestock.
The maximum time for any contract is five years, unless mutually decided by the farmer and the buyer.
The agreement should also mention about the pricing or the way to determine pricing along with a minimum
guaranteed price.
The Act gives for a three-tier hierarchal dispute settlement mechanism- (a) Conciliation Board; (b) Sub-Divisional
Magistrate and (c) Appellate Authority.

Farmers' Produce Trade and Commerce (Promotion and Facilitation) Act, 2020
The Act allows intra-state and inter-state trade of farmers’ produce even outside Agricultural Produce Market
Committee (APMC) markets free of any market fee, cess or levy.
The Act also permits e-trading of farm produce by farmers with provision for direct online buying and selling.

Essential Commodities (Amendment) Act, 2020


The Act empowers the central government to designate certain commodities as essential commodities.
The central government has the power to regulate or prohibit the production, supply, distribution, holding, trade,
and commerce of such essential commodities with the condition that certain commodities can be regulated only
under extraordinary circumstances. These include: (i) war; (ii) famine; (iii) extraordinary price rise; and (iv) natural
calamity of grave nature.
Regulation of food items by the Central Government will not be applicable to any government welfare scheme such
as the Public Distribution System where subsidy is granted.

2. THE JAMMU AND KASHMIR OFFICIAL LANGUAGES ACT, 2020


Date of Presidential Assent: 27th September, 2020
Important Provisions:
The Act declares Kashmiri, Dogri, Urdu, Hindi and English as the official languages to be used for the official
purposes of the union territory in addition to English & Urdu.
The Act also clarifies that English will continue to be used for administrative and legislative purposes in the newly
formed union territory as before the passing of the Act.

3. THE NATIONAL COMMISSION FOR HOMEOPATHY ACT, 2021


Date of Presidential Assent: 14th September, 2020
Important Provisions:
The Bill repeals the Homoeopathy Central Council Act, 1973 and sets up the National Commission for Homeopathy
(NCH). It is supposed to be a 20 member body appointed by the Central Government.
The Composition of NCH under the Act is (i) the Chairperson; (ii) the President of the Homoeopathy Education
Board; (iii) the President of the Medical Assessment and Rating Board for Homoeopathy; (iv) the Director General;
National Institute of Homoeopathy; (v) Advisor or Joint Secretary in-charge of Homoeopathy, Ministry of AYUSH;
and (vi) four members (part-time) to be elected by the registered homoeopathic medical practitioners from amongst
themselves from the prescribed regional constituencies.
The Act provides for the availability of adequate and high quality homeopathic medical practitioners. It also
ensures the adoption of latest technology and period assessment of medical institutions.

©LegalEdge Tutorials Page 10 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
IMPORTANT AMENDMENTS TO VARIOUS LAWS (2020-21)

1. THE ARBITRATION AND CONCILIATION nurses, (ii) any person empowered under the Act
(AMENDMENT) ACT, 2021 to take measures to prevent the outbreak of the
Date of Presidential Assent: 18th March, 2021 disease, and (iii) other persons designated as such
Important Provisions: by the state government.
The Act replaces an Ordinance with same Any person involved in an act violence or its
provisions promulgated on November 4, 2020. It abetment against a healthcare service personnel
provides for dealing with domestic and can be charged with penalty between Rs. 50,000 to
international arbitration. It also lays down the law Rs. 2,00,000 along with imprisonment with a term
for conducting conciliation proceedings. from three months to five years.
It clarifies the law on the stay on the arbitral
award. It provides that an award may be set aside 3. THE BANKING REGULATION (AMENDMENT) ACT,
if the Court is to find that the making of an arbitral 2020
award has been induced or affected by fraud or Date of Presidential Assent: 29th September, 2020
corruption i.e. is in conflict with the public policy The Bill amended the Banking Regulation Act,
of India. (Proviso has been added to Section 36(3) 1949, in respect to functioning of the cooperative
with retrospective effect from October 2015) banks.
The Act has done away with the Eighth Schedule The Act regulates the functioning of banks and its
stating that the qualifications, experience, and working related to licensing, management, and
norms for accreditation of arbitrations will be operations of banks. The Act bars the application
specified under the regulations.Instead it laid of its provisions to the following cooperative
down the following criterion for the qualifications societies: (i) primary agricultural credit societies;
of the arbitrators: (i) an advocate under the (ii) cooperative land mortgage banks; and (iii) any
Advocates Act, 1961 with 10 years of experience; other cooperative societies.
or (ii) an officer of the Indian Legal Service, among The Act omit the provisions relating to restriction
others. on making loans on the security of its own shares,
opening a new place of business and the
2. THE EPIDEMIC DISEASES (AMENDMENT) ACT, 2020 maintaining of assets with a value not exceeding
Date of Presidential Assent: 28th September, 2020 40% of its total demand and time liabilities, as
Important Provisions: stipulated in the original act.
The Act provides a protection framework for
health care service personnel to health care service 4. THE COMPANIES (AMENDMENT) ACT, 2020
personnel, their living premises as well as their
Date of Presidential Assent: 28th September, 2020
workplaces against any ‘act of violence’ during the
course of a pandemic. An ‘act of violence’, as per Important Provisions:
the bill includes (i) harassment impacting living or The bill seeks to amend Companies Act, 2013 by
working conditions, (ii) harm, injury, hurt, or removing the provisions of the 1956 Act relating to
danger to life, (iii) obstruction in discharge of producer companies. These provisions were
duties, and (iv) loss or damage to the property or relating to their membership, conduct of meetings,
documents of the healthcare service personnel. and maintenance of accounts. The amendment has
Property includes: (i) clinical establishment; (ii)
replaced the provisions with a new chapter in the
quarantine facility; (iii) mobile medical unit; and
(iv) any other property in which a healthcare Act containing similar provisions.
service personnel has direct interest, in relation to The bill seeks to remove the penalty for any
the epidemic. change in the rights of a class of shareholders
The Act defines a ‘healthcare service personnel’ as made in violation of the Act. It also removes
persons who are at risk of contracting the imprisonment as a punishment for certain
disease while carrying out duties related to the offences-like buying back its shares without
epidemic. The definition includes: (i) public and compliance to the provisions of the Act. It also
clinical healthcare providers such as doctors and

©LegalEdge Tutorials Page 11 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
alters to reduce the amount of fine payable in The major change brought about by the bill is that
certain offences. it has defined the term ‘government’ to refer to the
Under the bill, companies with net worth, Lieutenant Governor (LG). The LG has been given
turnover or profits above a specified amount are the authority to reserve the following bills passed
required to constitute Corporate Social by the Legislative Assembly: i) which may
Responsibility [CSR] Committees. Such companies diminish the powers of the High Court of Delhi;
are required to spend 2% of their average net (ii) which the President may direct to be reserved;
profits in the last three financial years, towards its (iii) dealing with the salaries and allowances of the
CSR policy. The companies with a CSR liability of Speaker, Deputy Speaker, and members of the
up to Rs 50 lakh a year from setting up CSR Assembly and the Ministers; or (iv) relating to
Committees have been exempted from the CSR official languages of the Assembly or the NCT of
provision. Delhi.
The bill also states that all executive action by the
5. THE FOREIGN CONTRIBUTION (REGULATION) government should be taken in the name of the
AMENDMENT ACT, 2020 LG, irrespective of whether it is on the advice of
Date of Presidential Assent: 28th September, 2020 the Ministers or otherwise. On some of the matters
Important Provisions: as specified in the bill, the opinion of the LG must
The bill prohibits a ‘public servant’ from receiving be obtained before taking any executive action.
any foreign contributions, by adding it to Section 3
of the Act which lists certain persons prohibited 7. THE CONSTITUTION (SCHEDULED CASTES) ORDER
from receiving foreign contribution. “Public (AMENDMENT) ACT, 2021
Servants”, has been defined in Section 21 of the Date of Presidential Assent: 29th March, 2021
Indian Penal Code, 1860, to the. Important Provisions:
The bill lays down that any person in order to The Bill amends the Constitution (Scheduled
receive a foreign contribution should be registered Castes) Order, 1950. It gives the power to the
under the provisions of the Act. The Bill amends President to specify the Scheduled Castes (SCs) in
this to prohibit the transfer of foreign contribution certain states and UTs. The notified list of SCs cam
to any other person, including an individual, an be modified by parliamentary action.
association, or a registered company. The bill omits the separate entries for the
As per the new amendment, a registered person Devandakulathan community and replaces it with
must accept foreign contribution only in a single Devendrakula Velalar. These are: (i)
branch of the State Bank of India, New Delhi, as Devendrakulathan, (ii) Kalladi, (iii) Kudumban,
notified by the central government. It prohibits (iv) Pallan, (v) Pannadi, and (vi) Vathiriyan.
the receipt or deposit of funds other than the Similarly, the separate entry for the Kadaiyan
foreign contribution in this account. community is replaced with the Kadaiyan
It allows the person to open another FCRA community from the following districts, while the
account in any scheduled bank of their Choice for community members from other districts are
keeping or utilising the received contribution. included within Devendrakula Velalar: i)
Tirunelveli, (ii) Thoothukudi, (iii)
6. THE GOVERNMENT OF NATIONAL CAPITAL Ramanathapuram, (iv) Pudukottai, (v) Thanjavur,
TERRITORY OF DELHI (AMENDMENT) ACT, 2021 (vi) Tiruvarur and (vii) Nagapattinam.
Date of Presidential Assent: 28th March, 2021
Important Provisions: 8. The Mines and Minerals (Development and
The Bill amends the Government of National Regulation) Amendment ACT, 2021
Capital Territory of Delhi Act, 1991. It introduces Date of Presidential Assent: 28th March, 2021
provisions regarding the functioning of the Important Provisions:
National Capital Territory (NCT) Delhi It amends the provisions of the Mines and
government and the Legislative Assembly by Minerals (Development and Regulation) Act, 1957
altering certain powers and responsibilities. (the Act 1957). It seeks to regulate the mining

©LegalEdge Tutorials Page 12 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
scenario in the country by amplifying an objective extension of period can be sought by the payment
to abundantly utilize the potential and capacity of of additional amount as specified in the
the mineral sector to intensify employment and amendment.
investment opportunities.
The amendment eliminates differential treatment 9. ONE HUNDRED AND FOURTH AMENDMENT TO THE
of merchant and captive mines. It allows for the CONSTITUTION OF INDIA

auction of mines without restriction of captive use The One Hundred and Fourth Amendment of the
Constitution of India, extends the deadline for the
of minerals.
cessation for the reservation of seats for members
It empowers the government to reserve mines from Scheduled Castes and Scheduled Tribes in
other than coal, lignite and atomic minerals to be the Lok Sabha and State Legislative Assemblies by
leased through an auction for particular use. a period of 10 years.
The amendment extends the period of mining The reservation of seats for the Scheduled Castes
lease granted to government companies as and Scheduled Tribes was set to expire on 26
prescribed by the central government. The January 2020 as mandated by the Ninety Fifth
Amendment

©LegalEdge Tutorials Page 13 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
PROMINENT PENDING BILLS

1. The Pesticide Management Bill, 2020


Introduced by: Minister of Agriculture and Farmers Welfare, Mr. Narendra Singh Tomar
Introduced in: Rajya Sabha
Date of Introduction: 23rd March, 2020
Important Provisions:
a. To replace the Insecticides Act, 1968 and seeks to regulate the manufacture, import, sale, storage, distribution,
use and disposal of pesticides.
b. To ensure the availability of safe pesticides and to minimize the risk to humans, animals and environment from
the use of pesticides.
c. The person who wishes to import or manufacture pesticides are required to obtain a certificate of registration
from the Registration Committee, as constituted by the Central Government.
d. The Central and State Government have the power to prohibit the distribution, sale or use of pesticide in an
area for upto one year.

2. The Assisted Reproductive Technology (Regulation) Bill, 2020


Introduced in: Lok Sabha
Date of Introduction: 14th September, 2020
Important Provisions:
a. To provide for the regulation of Assisted Reproductive Technology services in the country.
b. The Bill defines ART including all techniques seeking to obtain a pregnancy by handling the sperm or the
oocyte (immature egg cell) outside the human body and transferring the gamete or the embryo into the
reproductive system of a woman
c. The Bill regulates ART clinics and banks requiring them to be registered under the National Registry of Banks
and Clinics of India. A national registry will be established to operate a central data base of all ART banks and
clinics in the country.
d. The ART procedures can only be carried out with the written and informed consent of the parties seeking ART
as well as the donors. Any child born through any of the ART technique is to be deemed to be a biological child
of the commissioning couple having all entitlements of a natural child.

3. The Marine Aids to Navigation Bill, 2021


Introduced in: Lok Sabha
Date of Introduction: 15th March, 2021
Important Provisions:
a. It repeals the Lighthouse Act, 1927, which provides for the maintenance and control of lighthouses in India. The
Bill applies to the whole of India including various maritime zones including territorial waters, continental
shelf, and exclusive economic zone
b. The Bill provides that the central government will appoint: (i) a Director General, (ii) Deputy Director Generals,
and (iii) Directors for districts (which the centre may demarcate). The Director General will be responsible to
advise the central government on matters related to aids to navigation, among others.
c. The Bill provides for imposition of marine aids to navigation dues to be collected for every ship arriving at or
departing from any port in India. The rate for the levy will be specified by the central government from time to
time. The central government has the power to exempt the following vessels from these dues: (i) any
government ship, which is not carrying cargo or passengers for freight or fares, or (ii) any other ship, classes of
ships, or ships performing specified voyages

4. The Juvenile Justice (Care and Protection of Children) Amendment Bill 2021
Introduced by: Minister of Women and Child Development, Ms. Smriti Zubin Irani
Introduced in: Lok Sabha
Date of Introduction: 15th March, 2021
Important Provisions:

©LegalEdge Tutorials Page 14 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
a. The Bill amends the Juvenile Justice (Care and Protection of Children) Act, 2015 to include provisions related to
children in conflict with law and children in need of care and protection.
b. The Bill seeks to introduce measures for strengthening the child protection setup. It provides that the Juvenile
Justice Board will inquire about a child accused of a serious offence (punishment is imprisonment between
three to seven years). The bill provides for these offences to be cognizable and non-bailable.
c. The Act requires any offence against children under the Act to be punishable with imprisonment of a term
more than seven years, will be tried in the children’s court.
d. The Act requires all states to constitute at least one Child Welfare Committee [CWC] and provides for certain
criteria for the appointment of members to CWC.

5. The National Institute of Pharmaceutical Education and Research (Amendment) Bill, 2021
Introduced by: Minister of Health and Family Welfare
Introduced in: Lok Sabha
Date of Introduction: 15th March, 2021
Important Provisions:
a. It seeks to amend the National Institute of Pharmaceutical Education and Research Act, 1998 which declares it
as an autonomous and an Institution of National Importance.
b. The Bill provides for a council to coordinate the activities among these institutes with a view to develop
pharmaceutical education, research and maintenance of standards.
c. The Bill reduces the number of members in the Board of Governors for each institute from 23 to 12. The Board
will be chaired by an eminent academician or professional. The ex officio members of the Board will be: (i) the
Director of the institute, (ii) the Joint Secretary to the central government in Department of Pharmaceuticals
dealing with national institutes of pharmaceutical education and research, (iii) the Secretary dealing with
medical or technical education in the concerned state government, and (iv) a representative of Drug Controller
General of India.
d. Other members of the Board will include: (i) three pharmaceutical experts (at least one must be woman) with
certain special knowledge, (ii) two pharmaceutical industrialists, and (iii) two professors of the institute.

6. The Airports Economic Regulatory Authority of India (Amendment) Bill, 2021


Introduced by: Ministry of Civil Aviation
Introduced in: Lok Sabha
Date of Introduction: 24th March 2021
Important Provisions:
a. It seeks to amend the Airports Economic Regulatory Authority of India Act, 2008. The 2008 Act which
regulates tariffs and other charges (such as airport development fees) for aeronautical services rendered at
major airports in India.
b. The Bill adds that the central government may group airports and notify the group as a major airport, in an
extension to the 2008 Act which designates an airport as a major airport with a traffic of atleast 35 lakhs.

7. The National Bank for Financing Infrastructure and Development Bill, 2021
Introduced by: Finance, Corporate Affairs and Information & Broadcasting
Introduced in: Lok Sabha
Date of Introduction: 22nd March, 2021
Important Provisions:
a. The Bill seeks to establish the National Bank for Financing Infrastructure and Development (NBFID) as the
principal development financial institution (DFIs) for infrastructure financing.
b. The NBFID is set up as a corporate body with the authorized share capital of one lakh crore rupees. The NBFID
will have the financial objectives of directly or indirectly lend, invest or attract investments for infrastructure
projects located in India.
c. The developmental objectives facilitate the development of market for bond loans, and derivatives for
infrastructure financing.

©LegalEdge Tutorials Page 15 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
d. The NBFID can raise money in the form of loans or otherwise both in Indian rupees or foreign currencies or
secure money by the issue and sale of various financial instruments including bonds and debentures. The
BDFID can borrow money from central government, Reserve Bank of India, scheduled commercial banks and
multilateral institutions such as World Bank and Asian Development Bank.

8. The Tribunals Reforms (Rationalization and Conditions of Service) Bill, 2021


Introduced by: Finance Minister, Ms. Nirmala Sitharaman
Introduced in: Lok Sabha
Date of Introduction: 13th February, 2021
Important Provisions:
a. The Bill seeks to amend the Finance Act, 2017 by including the provisions related to the composition of the
search-cum-selection committee, their term of office of the members within the Act itself.
b. It seeks to dissolve the appellate bodies and to transfer their functions to other existing judicial bodies. The
appellate bodies for the Cinematograph Act, 1952; Trade Marks Act, 1999; The Patents Act, 1970 and The
Geographical Indications of Goods (Registration and Protection) Act, 1999 to be shifted to the High Court.
c. The Chairperson and Members of the Tribunals will be appointed by the central government on the
recommendation of a Search-cum-Selection Committee. The Committee will consist of: (i) the Chief Justice of
India, or a Supreme Court Judge nominated by him, as the Chairperson (with casting vote), (ii) two Secretaries
nominated by the central government, (iii) the sitting or outgoing Chairperson, or a retired Supreme Court
Judge, or a retired Chief Justice of a High Court, and (iv) the Secretary of the Ministry under which the Tribunal
is constituted (with no voting right).

9. The Medical Termination of Pregnancy (Amendment) Bill, 2020


 The Bill seeks to amend the Medical Termination of Pregnancy Act, 1971.
 Termination due to Failure of Contraceptive Method or Device: Under the Act, a pregnancy may be terminated
up to 20 weeks by a married woman in the case of failure of contraceptive method or device. The Bill allows
unmarried women to also terminate a pregnancy for this reason.
 Opinion Needed for Termination of Pregnancy: Opinion of one registered medical practitioner (instead of two
or more) for termination of pregnancy up to 20 weeks of gestation. Opinion of two registered medical
practitioners for termination of pregnancy of 20-24 weeks of gestation. Opinion of the State-level medical board
is essential for a pregnancy to be terminated after 24 weeks in case of substantial foetal abnormalities.
 Medical Boards: Every state government is required to constitute a Medical Board. These Medical Boards will
consist of the following members: (i) a gynecologist, (ii) a pediatrician, (iii) a radiologist or sonologist, and (iv)
any other number of members, as may be notified by the state government.
 Upper Gestation Limit for Special Categories: It enhances the upper gestation limit from 20 to 24 weeks for
special categories of women which will be defined in the amendments to the MTP Rules and would include
survivors of rape, victims of incest and other vulnerable women (like differently-abled women, minors) etc.
 Confidentiality: The “name and other particulars of a woman whose pregnancy has been terminated shall not
be revealed”, except to a person authorised in any law that is currently in force.

10. DNA Technology Bill, 2019


 The purpose of the bill is to regulate the use of DNA information for establishing the identity of people. These
profiles are then meant to guide law enforcement agencies in investigations.
 The committee has underlined that it is important that state-of-the-art technologies are used in the criminal
justice system, but this must be done without infringing constitutional rights, especially the Right to Privacy.
 Although DNA technology can help law enforcement agencies, in solving crimes, the government must assuage
apprehensions over the use of the DNA Technology Bill, 2019.

©LegalEdge Tutorials Page 16 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
11. Major Port Authorities Bill, 2020
 The Parliament has passed the Major Port Authorities Bill, 2020. The Bill seeks to provide greater autonomy in
decision-making to 12 major ports in the country and professionalize their governance by setting up boards.
 It also seeks to replace the Major Port Trusts Act, 1963.India has 12 major ports - Deendayal (erstwhile Kandla),
Mumbai, JNPT, Marmugao, New Mangalore, Cochin, Chennai, Kamarajar (earlier Ennore), V O Chidambarnar,
Visakhapatnam, Paradip and Kolkata (including Haldia).
 Board of Major Port Authority: The Bill provides for the creation of a Board of Major Port Authority for each
major port. These Boards will replace the existing Port Trusts. Under the 1963 Act, all major ports are managed
by the respective Board of Port Trusts that have members appointed by the central government.
 Composition: Provision has been made for inclusion of representatives of State Government in which the Major
Port is situated, Ministry of Railways, Ministry of Defence and Customs, Department of Revenue as Members
in the Board.
 The Bill allows the Board to use its property, assets and funds as deemed fit for the development of the major
port. It will also have the powers to fix reference tariffs for various port services.

©LegalEdge Tutorials Page 17 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
LIST OF IMPORTANT TRIBUNALS

Tip: Memorize only the name of President/Chairman of the Tribunals (all of them). The subject given and the detailed
explanation of the Tribunals are only for reference and understanding purposes.

WHAT ARE TRIBUNALS?


Tribunals, in very simple words, are quasi-judicial bodies which are outside the hierarchy of courts, but with
functions similar to courts. They are more specific in nature than courts. For e.g. Income Tax Appellate Tribunal
(ITAT) only takes care of Income Tax cases, whereas any court (barring lower judiciary) can take case of any nature
which comes within its jurisdiction. Some prominent tribunals in India are:

1. Income Tax Appellate Tribunal [ITAT]


President: Rtd. Justice P P Bhatt 8. Armed Forces Tribunal
Subject: Direct Taxes. Being the oldest Tribunal in Chairperson: Justice (Retd.) Rajendra Menon
the country, it is often referred to as the ‘Mother Subject: Appointments and Commissioning of
Tribunal’. Personnel in Armed Forces

2. Customs, Excise, Service Tax Appellate Tribunal 9. Copyright Board (Now merged with the IPAB)
[CESTAT] Head: Ministry of HRD
President: Justice Dilip Gupta Subject: Copyright law
Subject: Customs, Excise, Service Tax and Anti-
dumping matters 10. Intellectual Property Appellate Board (IPAB)
Chairperson: Justice Manmohan Singh
3. Central Administrative Tribunal (CAT) Subject: Intellectual Property Law
Chairman: Justice Lingala Narasimha Reddy
Subject: Appointments to Public Services 11. National Consumer Disputes Redressal
Commission [NCDRC]
4. Railway Claims Tribunal Chairperson: Justice R K Agrawal
Chairman: Justice K. Kannan Subject: Consumer Protection Law
Subject: Claims against Railway Services
12. National Green Tribunal [NGT]
5. Competition Commission of India [CCI] Chairperson: Justice Adarsh Kumar Goel
Chairman: Ashok Kumar Gupta Subject: Environmental Protection
Subject: Competition Law
13. Securities Appellate Tribunal [SAT]
6. Competition Appellate Tribunal [CAT] Presiding Officer: Justice Tarun Agrawal
Chairman: Justice G.S. Singhvi Subject: Securities Law
Subject: Appeals from decisions of Competition
Commission of India 14. Telecom Disputes Settlement and Appellate
Tribunal [TDSAT]
7. Appellate Tribunal for Foreign Exchange Chairperson: Justice Shiv Kirti Singh
Chairman: Justice Vinay Kumar Mathur Subject: Telecom Regulation
Subject: Foreign Exchange

©LegalEdge Tutorials Page 18 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
COMMISSIONS AND COMMITTEES (CONSTITUTED IN 2020)

Committee Name Formed By Headed By Objective


To solve any problem that might arise in the
MSME Loan
Government of Rajnath Singh, implementation of the Rs. 3 lakh croore
Scheme
India Defence Minister collateral-free loan scheme for Medium and
Implementation
Small Enterprises (MSME)
To facilitate the work of a separate division
G Kishan Reddy,
Welfare of Freedom Ministry of Home to serve the freedom fighters and their
Minister of State
Fighters Affairs families. It gives pension to 30,000 freedom
for home affairs.
fighters and their families.
To look into the cause and damage at the
National Green Justice B P
Assam Gas Leak blowout at a Oil India Ltd. Well in Baghjan,
Tribunal Katakey
Assam.
National level
Ranbir Singh, To recommend reforms in the criminal laws
committee for
Ministry of Vice Chancellor of the country in a principled, effective and
reform in criminal
Home Affairs. NLUD efficient manner.
law
K.S. Reddy,
Human rights and National
President of To study the impact of COVID 19 on
future response of Human Rights
Health human rights and the response of the
the government. Commission
Foundation India government.
Analysis of QR
Reserve Bank of Prof. B. Deepak To find ways to make QR codes for the easy
(Quick Response)
India Phatak exchange and use of information.
Code
Kozhikode Plane Aircraft Accident Captain S S To enquire into the circumstances of a plane
Crash Investigation Board Chahar crash in Kerala’s Kozhikode airport.
To recommend policies for securities
Recommending market data. The committee will identify
Securities Exchange MadhabiPuri
Policy on Market segment wise data perimeters, gaps and
Board of India Buch
Data Access recommend regulations applicable to
market data.
Panel to work out For conducting the common entrance test at
Central University Grants R.P. Tiwari the undergraduate level from next
Examination Test Commission academic year as a single platform for
admission
COVID-19 vaccine Government of For distribution and administration of
R S Sharma
administration India COVID-19 vaccine.
To review Guidelines on Television Rating
Committee to
Agencies in India keeping in view the
review the Ministry of
Shashi S Vempati, recent recommendations of Telecom
guidelines on Information and
Prasar Bharti CEO Regulatory Authority of India (TRAI),
television rating Broadcasting
technological advancements /
agencies in India
interventions/
Retired Supreme
Prevention of Supreme Court of Court Judge Steps for prevention of stubble burning in
stubble burning India Justice Madan B Punjab, Haryana and Uttar Pradesh.
Lokur

©LegalEdge Tutorials Page 19 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
Committees and Commissions (recommendations given in 2020)

Committee &
Founded By Headed By Recommendation Given
Commissions

It recommended financial parameters to


be factored in the resolution plans under
Kamath Panel Reserve Bank of India K.V.Kamath the ‘Resolution Framework for Covid19-
related Stress’ along with sector specific
benchmark ranges for such parameters.

It recommended rates of input duty


refunds under the new (Remission of
G.K.Pillai Duties and Taxes on Exported Products)
Government of India G.K. Committee
Committee scheme, which include items of leather,
textiles, made-ups, automobile parts
and iron & steel.

It recommends that the GIFT IFSC can


aim at becoming a gateway to India
growth story for international investors
and business; serving domestic
IFSCA International Financial
Pradip Shah residents availing liberalised remittance
Committee Services Authority
scheme and providing Indian diaspora
and individuals from Asia and Africa
with a comprehensive range of financial
services from the IFSC.

Samata Party chief Jaya The report recommends an increase in


Task Force on
Jaitly and NITI Aayog the age from 18 to 21, but in a phased
legal age of Government of India
Member (Health) V.K. manner,” said a senior government
marriage
Paul official on the condition of anonymity.

A complete waiver of compound


Meherishi interest, or interest on interest, for loans
Ministry of Finance Rajiv Mehershi
Committee under moratorium would tantamount to
'rent seeking' behaviour.

the price capping for the Covid-19


treatment in Delhi's Private
Committee on Hospitals. The Committee has
fixation of rates recommended eight thousand to ten
for Covid-19 Ministry of Home Affairs Dr. Vinod Paul thousand for isolation bed, 13
treatment in thousand to 15 thousand for ICU and
Private hospitals 15 thousand to 18 thousand for ICU
with ventilator facilities including
PPE costs.

©LegalEdge Tutorials Page 20 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
Clat pdf 2021/22

CLICK ANYWHERE ON THIS PAGE AND


TUNE IN TO THE BEST CHANNEL ON
TLEGRAM FOR CLAT AILET AND
OTHER LAW ENTERANCE EXAMS
Why to join “Clat Pdf”
 Free guidance by nlus student
 Best reading material
 You may ask your queries
monthwise from nlu students
What Are you wating For Join Now!!
MOST PROMINENT JUDGMENTS OF 2020-21

1. Prashant Bhushan Contempt Case (In re Prashant Bhushan &Anr)


Bench: Arun Mishra. B.R.Gavai. Krishna Murari, JJ.
Held: Article 19(1) of the Constitution of India grants a fundamental right to freedom of expression, but is subject to
reasonable restrictions under Article 19(2). The court held that both tweets by Senior Advocate Prashant Bhushan
had the effect of dissuading an ordinary litigant who might lose confidence in the Supreme Court and the Chief
Justice of India (CJI). It also held that it is the duty of the Supreme Court to save itself from such malicious
insinuations, or it has the possibility of opening floodgates of similar attacks on other judges. The SC held Bhushan
guilty of having committed contempt of the Court. Twitter, an intermediary in the matter, was discharged. The
court held that no doubt that while exercising the right of freedom of speech the fair criticism of the system is
welcome and the judges cannot be hyper sensitive even when distortions and criticism overstep the limit. However,
the same cannot be stretched to permit malicious and scandalous statements. Bhushan was sentenced with a
nominal fine of Re. 1 by the court.

2. Eviction Proceedings under Senior Citizens Act v. Right of Residence of Woman under DV Act (S Vanitha v. Deputy
Commissioner, Bengaluru Urban District)
Bench: Dr. D.Y.Chandrachudd, Indu Malhotra & Indira Banerjee, JJ.
Held: The issue before the court was whether the claim of the woman over a ‘shared household’ under Protection of
Women from Domestic Violence Act 2005 [PWDV] can be defeated by securing an order of eviction under the
Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Section 17 of PWDV, 2005 provides a woman in
a domestic relationship the right to claim residence over a shared household even if she doesn’t have any right, title
of beneficial interest in the property. If there are competing claims between the two legislation, a harmonious
construction is to be adopted. Both the legislations contained the non-obstante clause, so as per the rules of
interpretation, the latter will prevail. The court held that in case of such a conflict, the dominant purposes of both
the Act should be examined to see which will prevail over another. The court held that allowing the Senior Citizens
Act 2007 to have an overriding force and effect where claims of competing entitlements of a woman to the right in a
shared household exist under PWDV, 2005 would defeat the object and purpose which the Parliament sought to
achieve in enacting the latter legislation.

3. Daughter’s right to property (Vineeta Sharma v. Rakesh Sharma &Ors.)


Bench: Dr. D.Y.Chandrachudd, Indu Malhotra & Indira Banerjee, JJ.
Held: The right of s daughter as a coparcener over property is by birth therefore it is not necessary for the father to
be alive on or after the effectuating of the Hindu Succession (Amendment) Act of 2005. The amended substituted
Section 6 of the Act to recognize the right of the daughter as a coparcener to be at par with that of son. Therefore,
Section 6 was retroactive in nature. The court explained retroactive operation of a statute as based on a
characteristic or event which happened in the past or requisites which had been drawn from antecedent event.

4. Wife can claim right to residence in shared household belonging to not just husband but also to his relatives
(Satish Chander Ahuja v. Sneha Ahuja)
Bench: Ashok Bhushan, Subhash Reddy, M.R. Shah, JJ.
Held: The Court reinterpreted the word ‘shared household Section 2(s) of The Protection of Women from Domestic
Violence Act, 2005 (DV Act). It held that the given definition is exhaustive and not enumerative. For any property to
be a shared household, the following conditions will have to be proved: (a) owned/co-owned or rented by the
respondent; (b) the aggrieved person resided in the house at any point in the domestic relationship. It is not
required for the aggrieved person to either rent or own the premises. A property that is of a joint family of which
the aggrieved is a member, is also a shared household, irrespective of any right, title or interest in the shared
household.

©LegalEdge Tutorials Page 21 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
5. Bangalore Club held not liable to pay wealth tax (M/S Bangalore Club v. The Commissioner of Wealth Tax &Anr.)
Bench: R.F.Narima, Navin Sinha, Indira Banerjee, JJ.
Held: The Supreme Court held that the Bangalore Club is an association of persons, a social banding not with the
motive to carry out any business or involve in profit making commercial activities and thus will not be liable to pay
wealth tax. It set aside a judgement of the Karnataka High Court (2007) to clarify that only three types of persons
can be assessed with wealth tax i.e., individual, Hindu undivided families (HUF) and companies. As the Bangalore
club established in 1868 by British officials, is neither of the three it cannot be brought into the wealth tax net.

6. SC refuses transfer of money deposited in Prime Minister’s Citizen Assistance and Relief in Emergency Situations
(PM CARES) Fund to be directed to be deposited or transferred to the National Disaster Response Fund (NDRF)
(Centre for Public Interest Litigation v. Union of India)
Bench: Ashok Bhushan, R. Subhash Reddy and MR Shah, JJ
Held: The funds collected in PM CARES Fund are entirely different from the NDRF funds. While the latter is subject
to audit by the Comptroller and Auditor General of India, the former has no occasion for such an audit. The funds
under PM CARES Fund are of a public charitable trust and there is no occasion for issuing any direction to transfer
the said funds of the NDRF. It also held that there is no statutory restriction under the Disaster Management Act,
2005 for the Union of India to utilize the NDRF funds in assisting the fight against COVID-19.

7. SC quashes the decision to conduct NLAT 2020 (Rakesh Kumar Agarwalla &Anr. v. National Law School of India
University, Bengaluru &Anr)
Bench: Ashok Bhusan, M.R. Shah, R. Subhash Reddy JJ.
Held: The Court held that National Law School of India University (NLSIU) should have obtained the
recommendation of the Academic Council before proceeding to hold the National Law Admission Test (NLAT),
2020. Therefore, the notification to conduct the exam was in contravention of the National Law School of India Act,
1986. It further held that NLSIU being a founder member of the Consortium of National Law Universities, a
registered society, is bound by its Bye-Laws and was obliged to admit the students for integrated B.A.LL.B. (Hons.)
Programme through CLAT 2020

8. Anticipatory Bail Can Be Granted Even After Charge sheet Has Been Filed (Adil v. State of Uttar Pradesh)
Bench: Siddharth, J.
Held: The Allahabad High Court held that the grant of an anticipatory bail is not barred by mere filing of the charge
sheet. The court noted that there is no limited duration of time for which an anticipatory bail is in operation, it can
go on even till the conclusion of the trial. The submission of the charge sheet does not conclude the power of the HC
to grant a pre-arrest bail. If the applicant for anticipatory bail earlier has been given the bail till the filing of the
charge sheet, a second anticipatory bail will be maintainable before the HC. The fact that cognizance has been taken
or charge sheet has been filed is only to help the case decide whether the applicant is entitled for an anticipatory
bail or not.

9. Moral Policing is not the job of the Management or of the IC (Bibha Pandey v. Punjab National Bank)
Bench: Pratibha M. Singh, J.
Held: The Delhi High Court held that the Internal Committee [IC] has the power to enquire and give a report within
the boundaries of the stipulated statute. In situations where allegations of sexual harassment cannot be made out,
the IC can only conclude that no action is required to be taken. In situations where allegations of sexual harassment
are made out the power of the IC is only limited to recommend appropriate action under the Sexual Harassment of
Women at Workplace (Prevention Prohibition and Redressal) Act 2013. It held that moral policing is not the job of
the management or the IC in cases of consensual relationship amongst adults. The IC is not to make comments on
the personal conduct of the parties, but its power is limited to ascertain whether the allegations are made out or not.

©LegalEdge Tutorials Page 22 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
10. The installation of CCTV cameras in police stations across the country (Paramvir Singh Saini v. Baljit Singh).
Bench: RF Nariman, Naveen Sinha and BR Gavai, JJ
Held: The SC ordered for installation of CCTV cameras and other video recording equipment at all police stations
and major investigation centres in the country. The judgement is seen as a safeguard against violation of human
rights and death in police custody. The court also issued a 20-point charter of guidelines that explained in detail the
importance of installing CCTV cameras in all police stations to prevent abuses. The directions of the Court related
to position of the cameras, their quality and storage capacity. The court also directed the formation of an
independent body in every state to study the CCTV camera footage and periodically publish a report based on its
observations.

11. Relatives of a husband cannot be accused of an offence under the Muslim Women (Protection of Rights on
Marriage) Act, 2019 (Rahna Jalal v. State of Kerala and Anr)
Bench: Dr. D.Y.Chandrachud, Indu Malhotra, Indira Banerjee, JJ.
Held: It was held that the provisions Section 7(c) of the Muslim Women (Protection of Rights on Marriage) Act, 2019
(Act) is applicable only on a Muslim husband. Thus, on a preliminary analysis, it is clear that the appellant as the
mother-in-law of the second respondent cannot be accused of the offence of pronouncement of triple talaq under
the Act as the offence can only be committed by a Muslim man. It also ruled on the question of anticipatory bail
holding that the statutory text of Section 7(c) does not impose an absolute bar to the grant of bail, rather empowers
the Magistrate to grant bail, if satisfied that “there are reasonable grounds for granting bail to such person”.

12. Only family members or relatives can file defamation suit for defamation of a person who is dead (Raj Kumar
Saini v. Sant Kanwar)
Bench: Sanjay Kumar, J.
Held: It was held that under Section 499 and Section 500 of IPC that deals with defamation if the allegation sets out
imputations made against a deceased, only a family member or near relative can make the complaint. The
proceedings under Section 499 were quashed as the complainant was neither a family member nor a near relative.
The complainant was a follower of late Chaudhary Matu Ram Hooda, an Arya Samajist. He moved defamation
proceedings against newspapers who have allegedly defamed Ram Hooda. The court held that the phrase ‘person
aggrieved’, as used in law must have an element of personal interest. Therefore, either the complainant in
defamation proceedings can be the person himself defamed or family members and relatives, in case of a deceased.

13. WhatsApp Message cannot be treated as an evidence in the absence of a certificate under Section 65B(4) Evidence
Act (Rakesh Kumar Singla v. Union of India
Bench: Jaishree Thakur, J.
Held: The court held that a WhatsApp Message cannot be admitted into evidence under the provisions of the
Evidence Act if it is not accompanied by a certificate under Section 65B(4) of Evidence Act. In the said matter to
oppose the bail application, the Narcotics Control Bureau (NCB) relied on certain alleged WhatsApp chats which
connected the accused with the contraband. The court held that a certificate of Section 65B of the IEA is a pre-
requisite to place any electronic evidence on record.

14. Appointment of Sole Arbitrator is subject to the principles of independence and impartiality. (Haryana Space
Application Centre (HARSAC) and Anr. v. M/s Pan India Consultants Pvt Ltd. 2021)
Bench: L. Nageswar Rao, Indu Malhotra, Ajay Rastogi, JJ.
Held: The court held that the nominee arbitrator of one of the parties had a controlling influence over the petitioner
company. It held that such an appointment cannot be allowed under Section 12(5) of the Arbitration & Conciliation
Act, 1996. The arbitrator was the manager, director or part of the management and thus cannot be directly involved
in the matters in dispute in the arbitration. The appointment of sole arbitrator is subject to the declarations made
under Section 12 of the Act as well as to independence, impartiality and the ability to devote sufficient time.

©LegalEdge Tutorials Page 23 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
15. High Court cannot use powers under Article 226 and 227 to interfere in arbitral proceedings (Bhaven Construction
through Authorised Signatory Premjibhai K. Shah v. Executive Engineer Sardar Sarovar Narmada Nigam Ltd.
&Anr. 2021)
Bench: N.V.Ramana, Surya Kant & Hrishikesh Roy, JJ.
Held: The court held that the means and procedures to challenge the appointment of an arbitrator is laid down in
the Arbitration Act. Therefore, the legislative framework portrays that the intention of the encompassing nature of
act is to address most of the issues within its own ambit. In such a situation, it is bad in law for the High Court to
use its inherent powers under Article 226 and 227 of the Constitution of India to interject the arbitral process. The
High Court should have appreciated the limitations under Article 226 and 227 of the Constitution.

16. Court sets aside life imprisonment as injuries were insufficient to cause death in ordinary course (Mihir Gope Etc.
v. The State of Jharkhand)
Bench: N.V. Ramana, Surya Kant, Aniruddha Bose, JJ.
Held: The court held that by considering the weapons of assault used to cause the injuries and the nature of injuries
caused, it seems the intention was not to cause death of the aggrieved. The court did not find any evidence for the
commission of offence under Section 341 of the IPC and neither it has been substantiated in any of the eye witness
statement. However, sufficient evidence was found against the appellants of voluntarily causing hurt by the
instruments.

17. Quantum of sentence can be reduced in lieu of a amicable settlement. (Murali v. State rep. by Inspector of Police)
Bench: NV Ramana, Surya Kant and Aniruddha Bose, JJ.
Held: The court held that for the purpose of reduction of quantum of sentence, the fact of amicable settlement is a
relevant factor. The court held that as the accused has served a significant portion of their sentences and they are
the sole breadwinners of their family, the quantum of sentence imposed.

18. There is no scope of discretion under Section 6 of Probation of Offenders Act (Lakhvir Singh etc. v. The State of
Punjab &Anr)
Bench: Sanjay Kishan Kaul and Hrishikesh Roy, JJ.
Held: The benefit of probation under the Probation of Offenders Act cannot be excluded by the provisions of the
mandatory minimum sentence under Section 397 of IPC. the underlying purpose of the Act, it was enacted to
prevent the confinement of young persons under 21 years of age in jail, to protect them from the pernicious
influence of hardened criminals. Therefore, the appellants were granted release on probation of good conduct.

19. Statutory obligation of the Centre and the State to provide nutritional support to the malnourished. (Dipika
Jagatram Sahani v. Union of India and others)
Bench: Ashok Bhushan, J.
Held: The court held that all states and Union Territories have the statutory obligation under the National Food
Security Act, 2013 to ensure provision of nutritional standards especially to pregnant women, lactating mothers,
nutritional support to children who suffer from malnutrition. It directed the States/Union Territories to monitor
and supervise Anganwadi Centres ensuring that the benefit reaches to the beneficiaries. It also directed to set up the
Complaint Redressal Mechanism in each district.

20. A conditional offer when accepted with a further condition cannot form a valid contract. (M/s Padia Timber
Company (P) Ltd. v. The Board of Trustees of Vishakhapatnam Port Trust through its Secretary)
Bench: Navin Sinha and Indira Banerjee, JJ.
Held: It is a cardinal principle in contract law that an offer and acceptance of an offer must be absolute in nature. It
has to be founded on the components of certainty, commitment and communication. In situations where the
acceptor of the offer, puts a new condition the contract cannot be said to complete till the proposer accepts that
condition. Therefore, an acceptance for a valid contract has to be absolute and cannot come with a variation. An
acceptance with an additional condition is in the nature of a counter-proposal.

©LegalEdge Tutorials Page 24 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
IMPORTANT INTERNATIONAL LEGAL CURRENT AFFAIRS
1. US COP HELD GUILTY IN GEORGE FLOYD MURDER CASE
 Former officer of the Minneapolis police force Derek Chauvin was convicted for the murder and
manslaughter of George Floyd. The death of Floyd had sparked demonstrations and an ongoing series of
protests against police brutality and racism that began in Minneapolis, leading to a resurgence of the Black
Rights Movement.

2. HONG KONG COURT FINDS JOURNALIST GUILTY FOR EXPOSING POLICE FAILINGS
 The conviction comes in the light of continuous severe crackdowns being imposed by China on Hong Kong
leading to a further deterioration of media freedoms and the right to dissent.

3. SUPREME COURT OF BRAZIL UPHOLDS THE ANNULMENT OF EX-PRESIDENT LULA’S CONVICTIONS


 Former Brazilian President Luiz Inacio Lula da Silva was convicted in 2018 on corruption charges. This
annulment will allow him to contest Presidential elections in 2022 against incumbent Jair Bolsonaro

4. AUSTRALIAN COURT FINDS GOOGLE GUILTY OF CONSUMER DATA COLLECTION


 The Court found that Google wrongly claimed that it could collect only limited information regarding the
personal data of consumers, their location history and ‘web and app activity’ when in reality, users were not
informed that turning these settings on would allow Google to collect data.
 It has been claimed to be the world’s first such decision with respect to Google’s location and privacy
settings.

5. EGYPT DEMANDS $1 BILLION COMPENSATION TO RELEASE EVER GIVEN SHIP FOLLOWING SUEZ CANAL BLOCKAGE
 The Ever Given ship which was stuck in the Suez Canal for over a week causing a worldwide crisis, has not
been allowed to leave the Egyptian canal till the owners pay compensation to Egyptian authorities to the tune
of $1 billion for the loss caused due to the blockage.
 The billion-dollar amount takes into account the salvage operation, costs of stalled traffic and lost transit fees
for the week that the Ever Given blocked the Suez Canal.

6. PUTIN GIVES FINAL APPROVAL TO A LAW ALLOWING HIM TO EFFECTIVELY RULE TILL 2036
 Russian President Vladimir Putin gave final approval to legislation allowing him to hold office for two
additional six-year terms, giving himself the possibility to stay in power until 2036. He has already been in
power for more than 2 decades.

7. PRESIDENT JOE BIDEN ENDS SANCTIONS AGAINST INTERNATIONAL CRIMINAL COURT TEAM PURSUING US TROOPS
 The sanctions in question were enacted by the Trump administration against 2 prosecutors at the International
Criminal Court (ICC) who were investigating US troops for possible war crimes in Afghanistan. However, US
continues to maintain that it strongly disagrees with ICC’s actions and efforts to assert jurisdiction over
American and Israeli personnel.

8. CHINESE COURT ORDERS HUSBAND TO PAY HIS WIFE FOR HOUSEHOLD WORK
 In a decision that has been heralded as a step in the right direction, a divorce court in China ordered that the
man should pay his wife for the household work she had done during the time they were married. The court
called the woman's work done to keep the house running as unpaid labour and directed the man to give $7,700
to his wife for the five years she had toiled in his house.
 The decision comes in light of the new civil code enacted across China which entitle a woman to ask for
compensation during divorce for bearing a higher responsibility in raising of a child, caring for elderly relatives
and assisting in other work around the house.

9. JAPANESE SUPREME COURT DECLARES NON-RECOGNITION OF SAME-SEX MARRIAGE AS 'UNCONSTITUTIONAL'


 In a first, a Japanese Court ruled that not allowing same-sex couples to marry is "unconstitutional," setting a
precedent in the only G7 nation not to fully recognise same-sex partnership. The decision is a major symbolic
victory in a country where the constitution still defines marriage as being based on "the mutual consent of both
sexes".

©LegalEdge Tutorials Page 25 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
10. $1.4 BN CAIRN ARBITRATION AWARD AGAINST INDIA CONFIRMED BY COURTS IN FIVE COUNTRIES
 Cairn Energy had moved courts in nine countries to enforce its USD 1.4 billion arbitral award against India,
which the company won after a dispute with the country's revenue authority over a retroactively applied
capital gains tax.
 Of these, the December 21 award from a three-member tribunal at the Permanent Court of Arbitration in the
Netherlands has been recognised and confirmed by courts in the US, the UK, Netherlands, Canada and France

11. AUSTRALIA BECOMES THE FIRST COUNTRY TO REQUIRE FACEBOOK AND GOOGLE TO PAY FOR NEWS
 It will become a law for the tech giants to pay media companies in a royalty system for the content used by
them to promote independent journalism, consumer protection and sustainable media landscape
 News comes in the background of worldwide scrutiny against the tech giants for violation of data privacy and
breach of trust

12. ISRAEL'S HIGH COURT SAYS NON-ORTHODOX CONVERTS ARE JEWS


 Israel’s Supreme Court dealt a major blow to the country’s powerful Orthodox establishment, ruling that
people who convert to Judaism through the Reform & Conservative movements in Israel are also Jewish &
entitled to become citizens.
 The ruling centred around the combustible question of who is Jewish & marked an important victory for the
Reform & Conservative movements. These liberal streams of Judaism, which represent the vast majority of
affiliated American Jews, have long been marginalized in Israel.

13. TURKISH PARLIAMENT PASSED A LAW TO REGULATE SOCIAL MEDIA CONTENT


 Despite censorship and freedom of expression concerns raised by the international community authorities in
the country will now have greater power to regulate social media content. All major social media companies
like Facebook and Twitter will be required to have representatives in Turkey to deal with complaints
 Move is propagated to remove posts containing cyber-bullying and insults against women

14. US PASSED A BILL TO PROMOTE THE LEGACIES OF GANDHI AND MARTIN LUTHER KING JR
 The Gandhi-King Scholarly Exchange Initiative Act was first introduced in October 2011 and was authored by
John Lewis, a civil rights member who passed away in July 2020. Bill seeks to create an exchange initiative
between India and US to promote professional training on conflict resolution through non-violence in different
fields education, social, environmental issues etc.

15. JAPANESE COURT RECOGNIZED ‘BLACK RAIN’ VICTIMS FOR THE FIRST TIME
 The victims of ‘Black Rain’ caused due to an atomic bomb incident in 1945 were recognized for the first time
and will be provided medical benefits for various ailments in consequence to the incident like radiation-
induced cataract and cancer.

16. PMS OF INDIA AND MAURITIUS TO INAUGURATE NEW SUPREME COURT BUILDING IN PORT LOUIS
 For the first time, an India-assisted building will be opened in Port Louis. The new Supreme Court building
was constructed with a grant of $353 million given by India to Mauritius in 2016 under the ‘Special Economic
Package’.

17. FACEBOOK SUES EU ANTITRUST REGULATOR FOR EXCESSIVE DATA REQUESTS


 Facebook made the announcement claiming that EU Antitrust Regulator is seeking information beyond the
necessary realm including personal details to investigate into the company’s marketplace and data.

18. NEW ZEALAND DECIDES TO SUSPEND ITS EXTRADITION TREATY WITH HONG KONG
 New Zealand claims that the criminal justice system in Hong Kong cannot be trusted anymore and is not
independent of China. It will reconsider its decision only if China adheres to the policy of ‘one country, two
systems’ in the future.
 Move comes after Australia, Canada and UK have already suspended extradition treaties with Hong Kong.
US has also ended the preferential economic treatment of Hong Kong.

©LegalEdge Tutorials Page 26 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
19. US HOUSE OF REPRESENTATIVE PASSED A BILL TO REMOVE CONFEDERATE NAMES FROM MILITARY BASES
 This 740$ billion funding bill is aimed at removing the names of confederate soldiers from American military
bases in order to remove the names of those from history who fail to meet an ever-shifting standard of conduct.
Confederate is a term used for those states who sought to protect the institution of slavery in the period of
1860s leading up to the American Civil War.

20. INDIA-BANGLADESH COLLAB: SOFTWARE 'AMAR VASHA' TO TRANSLATE SC JUDGMENTS FROM ENGLISH TO BANGLA
UNVEILED
 The Supreme Court of India unveiled 'Amar Vasha' software, which uses artificial intelligence to translate
orders and judgments of the apex court from English into Bangla.

21. EGYPT ADOPTED A RESOLUTION TO DEPLOY TROOPS IN LIBYA


 The resolution comes in light of its national interest against Turkish supremacy near the porous borders of
Egypt with Libya. Egyptian President Abdel Fateh-el Sisi had threatened stern military action against the
Turkey-backed forces in Libya.

22. US PASSES LEGISLATION TO PUT SANCTIONS ON CHINESE OFFICIALS IMPLEMENTING OPPRESSIVE LAWS IN HONG KONG
 The move comes in the backdrop of increasingly tough stance adopted by US against China. The new law will
give tools to the administration to impose sanctions on anybody trying to disturb Hong Kong’s freedom

23. KUWAIT APPROVED DRAFT BILL THAT COULD FORCE 8 LAKH INDIANS TO LEAVE THE COUNTRY
 The Kuwait National Assembly approved a draft bill under which the population of Indians in Kuwait should
not exceed 15% of the total population of the country. Move comes in light of the proposal of Kuwait PM to
decrease the number of expats in the country from 70% to 30% as majority of the population of the country is
made up of expats.

24. UN SECURITY COUNCIL PASSED FIRST COVID-19 RESOLUTION


 On July 1, 2020 the UNSC adopted the first COVID-19 related resolution demanding an immediate cessation
of hostilities around the world as the UNSC was greatly criticised for its silence on the pandemic. The pause
does not apply to cessation of hostilities against the Islamic State, Al Qaeda and Al Nusra Front.

25. PCA (PERMANENT COURT OF ARBITRATION) DELIVERS ITS AWARD ON THE “ENRICA LEXIE INCIDENT” BETWEEN INDIA
AND ITALY
 The case concerned the incident wherein two Indian fishermen were killed off the coast of Kerala, aboard
the St. Antony after they were fired upon by Italian marines on board the Italian ship Enrica Lexie. The Italian
marines were charged under the Indian Penal Code and an international dispute erupted between India and
Italy. The Supreme Court of India had ruled that India had the jurisdiction to try the case.
 Italy raised the matter before the PCA which held that India is entitled to claim compensation from Italy, that
the Marines are entitled to immunity in relation to the acts that they committed during the incident, and that
India is precluded from exercising its jurisdiction over the Marines.

26. UAE AMENDS PERSONAL SUCCESSION LAWS: ATTEMPTED SUICIDE, ALCOHOL CONSUMPTION & COHABITATION OF
UNMARRIED COUPLES DECRIMINALIZED
 UAE President, Sheikh Khalifa bin Zayed Al Nahyan, approved federal law decrees to amend various personal,
succession and criminal laws in a bid to strengthen the country’s ability to attract foreign expertise and
investment
 In addition to decriminalizing unspecified “actions that don’t harm others,” the government cancelled a
mitigating excuse applied to “honour crimes,” which include the assault or murder of relatives, usually female,
for “dishonouring” their family. Regular criminal penalties would apply in such cases.

©LegalEdge Tutorials Page 27 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
27. US SUPREME COURT RESTRAINS ENFORCEMENT OF STRICT RESTRICTIONS ON RELIGIOUS SERVICES: “EVEN IN A
PANDEMIC, CONSTITUTION CANNOT BE PUT AWAY”
 The US Supreme Court granted an injunction against New York State’s restriction on religious services on
attendance at religious services in areas classified as "red" or "orange" zones, depending on the prevalence of
COVID-19. The Court said that there “is irreparable harm to religious believers from being unable to attend in‐
person services” and they found the same to be unduly restrictive in the exercise of religious freedoms
enshrined under the First Amendment.

28. RIGHT TO FREEDOM OF EXPRESSION IS THE LIFEBLOOD OF A GENUINE CONSTITUTIONAL DEMOCRACY: SOUTH AFRICA
CONSTITUTIONAL COURT HOLDS THE RIOTOUS ASSEMBLY ACT TO BE UNCONSTITUTIONAL
 The Court held that a part of the Riotous Assemblies Act is inconsistent with a section of the constitution
dealing with freedom of expression, and is invalid insofar as it criminalises the incitement of a person to
commit an offence. The concerned part of the apartheid-era act concerned the offence of incitement of another
to commit an offence.

29. HEADSCARF BAN IN ELEMENTARY SCHOOLS HELD UNCONSTITUTIONAL BY AUSTRIAN SUPREME COURT
 The law had prohibited girls from wearing "ideological or religious clothing that is associated with covering the
head until the end of the school year in which they turn 10." The Court held that said the regulation violates
the principle of equality in connection with the right to freedom of thought, conscience and religion. The
Court also said that the legislature was required to treat various religious convictions equally. The said law did
not apply to the Jewish Kippa or to the turban worn by Sikh men.

30. CHIEF JUSTICE OF PAKISTAN SC TAKES COGNIZANCE OF BURNING OF HINDU TEMPLE


 The Chief Justice of Pakistan, Gulzar Ahmed, took notice of a Hindu temple's burning in Khyber
Pakhtunkhwa's Karak District which was set on fire by an aggressive mob. After taking cognisance of the
matter, the Court ordered the government to immediately start rebuilding the century-old Hindu temple that
was vandalised.

31. LAHORE HIGH COURT: TWO FINGER TEST ON RAPE VICTIMS UNCONSTITUTIONAL, VIOLATES PERSONAL DIGNITY OF
A WOMAN
 The Lahore High Court held that two finger test and the hymen test carried out for the purposes of
ascertaining the virginity of a female victim of rape or sexual abuse is unconstitutional. The court held that
such tests are unscientific having no medical basis and also offend the personal dignity of the female victim.In
doing so, the Court referred to the judgment of Rajesh & another v State of Haryana given by the Indian
Supreme Court wherein it was held that the ‘two-finger test’ and its interpretation violates the right of rape
survivors to privacy, physical and mental integrity and dignity.

32. COMPELLING SCHOOL CHILDREN TO RECITE RELIGIOUS WORDS IN NATIONAL PLEDGE AND TO SALUTE THE NATIONAL
FLAG IS UNCONSTITUTIONAL: CONSTITUTIONAL COURT OF ZIMBABWE
 The Constitutional Court of Zimbabwe ruled that the country’s national pledge was an
unconstitutional violation of school children’s right to freedom of conscience and parental rights. The
judgment makes references to Indian Supreme Court judgments in. Bijoe Emmanuel v. State of Kerala and
Kesavananda Bharati v State of Kerala.

34. Argentina legalize abortion


 Argentina, which had some of the world’s most restrictive abortion laws, has legalized abortions up to the 14th
week of pregnancy. This change is historic, and its implications may be witnessed beyond Argentina, in Latin
America at large.

©LegalEdge Tutorials Page 28 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
35. Qatar Labour law reforms
 Qatar has brought about a change in its labour laws. The reforms, which were announced by the Emir of Qatar
in October 2019, were signed into law recently.
 These reforms are now applicable to workers of all nationalities and in all sectors, including domestic workers
who were previously excluded.
 What are Qatar’s new labour laws? - Abolition of the unjustified ‘kafala system’ or requirement for a “no
objection certificate” that migrant workers needed to get from their employers before changing jobs.
Now, workers will have to serve a one-month notice period if they have worked for less than two years and
notice period of two months if they have worked longer.
Increasing the minimum wage by 25 per cent to $274 or 1000 Qatari riyals and an additional 300 QAR for food
and 500 QAR for accommodation in case not provided by the company.

36. 25th US Constitutional Amendment


 The 25th Constitutional amendment lays out how a US President or a Vice President can be replaced or
succeeded. It includes resolve issues revolving around unfortunate situations like death, resignation to removal
of US President and actions to be followed after a President becomes disabled to such a degree that he is unable
to fulfil his responsibilities.

©LegalEdge Tutorials Page 29 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
IMPORTANT NATIONAL LEGAL CURRENT AFFAIRS

1. The President of India conferred the Platinum award for Excellence in Digital Governance to the e-committee of
the Supreme Court of India. The award is for spearheading the fundamental right of access to justice during Covid
19 pandemic.
Chairperson of the Committee – Dr. Justice D.Y Chandrachud (Hon’ble Judge of Supreme Court)
Vice-Chairperson of the Committee – Justice R.C.Chavan (Former Judge of Bombay High Court)

2. A Joint Committee will be constituted by National Green Tribunal (NGT) to study the effect of damage caused to
riverine ecology of river Mahanadi in Cuttack, Odisha. The damage is caused due to the unauthorised and illegal
constructions on floodplains of the Mahanadi. The committee will recommend the inventive measures to be taken
to prevent such constructions and minimise ill effects.
Chairperson of the Joint Committee – Justice Adarsh Kumar Goel.
Members from following departmental heads will represent in the Joint Committee – Ministry of Environment,
Forest and Climate Change, Central Water Commission (CWC), Central and State Pollution Control Board and
National Institute of Hydrology, Roorkee, Uttrakhand.

3. Oath for the 32nd Chief Justice of Odisha High Court has been sworned by Justice S. Muralidhar.
Justice Muralidhar succeeded Jutice Mohammad Rafiq.
Oath has been administered by the Governor of State of Odisha – Ganeshi Lal.

4. A ruling by High Court of Jammu and Kashmir held valid presumption as to death of a soldier in case his
whereabouts were unknown for period of more than 10 years. The HC also declared such soldier to be not guilty of
deserting the CRPF services. The Court presumed that petitioner’s husband is dead as per Section 108 of Indian
Evidence Act.

5. Rajasthan Government to increase the wages of the state prisoners as recommended by the committee formed by
the Rajasthan High Court. The amicus curiae appointed by the court, Advocate R.S. Saluja observed that non-
revision of wages to prisoners is “ex facie violative of the provisions of Article14, 21 & 23 of the Constitution of
India”. He further stated that the State Government is under an obligation to revise the wages from time to time
and thus, payment of wages to the prisoners at the rate fixed in the year 2015 is absolutely unjustified

6. 34th Chief Justice of Jammu and Kashmir High Court, Justice Pankaj Mittal, has been administered oath by Manoj
Sinha, the Lieutenant Governor of the state. He Succeeded Justice Gita Mittal.

7. Actor Anoop Menon held liable by the Kerala Consumer Court for making false promises to the consumers for a
hair cream product. The manufacturers of the product were also held liable by the District Consumer Redressal
Forum for compensation of Rs.10,000.

8. Tamilisai Sounderarajan, Governor of Telangana, administered oath to Justice Hima Kohli as the new serving Chief
Justice of High Court of Telangana. Justice Hima Kohli succeeded Justice Raghavendra Singh Chauhan
Justice Hima Kohli is the only Woman Chief Justice of High Court at present out of total 25 High Courts in
India.
She is also the first Women Chief Justice of Telangana High Court.
She succeeded Justice Raghvendra Singh Chauhan.

9. Justice Nongmeikapam Kotiswar Singh retired as the acting Chief Justice of Guwahati High Court. She has been
replaced by Justice Sudhanshu Dhulia as the new Chief Justice of Guwahati HC.
Guwahati High Court jurisdictions cover the states of Assam, Arunachal Pradesh, Nagaland, and Mizoram.

10. Suo moto cognizance has been taken by the Uttarakhand High Court to de-notify the expansion of Jolly Grant
Airport to Shivalik Elephant Reserve. The move has come into effect as to protect and conserve the wildlife along
with the natural environment. This step has been appreciated by the group of lawyers observing the changing
environment and increasing size of population.
Shivalik Elephant Reserve is the only elephant reserve in the state of Uttarakhand.

©LegalEdge Tutorials Page 30 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
11. A plea has been filled in the Madras High Court by Trustees of Sri Melaramanuja Kooda Dharma Paribalana Sabai
to conduct the Kanuparivettai Festival. The court directed the administration to allow the conduct of the
Kanuparivettai Festival.
The decision comes out after observing some loose decisions of opening theatres with 100% occupancy and
green signal for conducting Jallikatu.

12. Delhi High Court Legal Services Committee got its new chairperson nominated – Justice Siddharth Mridul.
Recommendation was made by Chief Justice of Delhi High Court, Justice D.N.Patel.

13. Rajasthan High Court gave its landmark ruling making all employees working in different states as ONE WORK
PLACE for purpose of their treatment under cases of Sexual Harassment at workplace.

14. The term of service for (Retd.) Justice Bansi Lal Bhat is extended under the position of Officiating Chairperson of
National Company Law Appellate Tribunal (NCLAT) till he turns 67 years of age or till further orders made.

15. A landmark ruling has been given by Delhi High Court in case of Delhi Sainik Cooperation Housing Building Society
Ltd. v. Union of India &Ors where the court held that ambit of Article 21 extends to right to access to drinking
water and is a fundamental right of every citizen. Also, state has the duty to ensure that such right is protected for
each and every citizen.

16. The Bengaluru Civil Court upheld Right to Privacy in a suit filed by the wife of deceased M. Veerappan. The plea
was filed to restrain the release of film on Veerappan. The court order further restrained any screening, exhibition
or release of YouTube, Netflix, Facebook etc or any other OTT platforms including the social media.

17. State government of Karnataka has been issued an order by the Karnataka High Court to direct Police officials and
the State Pollution Control Board to take prevent use of loudspeakers and amplifiers at religious places which are
violating Noise Pollution Rules and take appropriate action against them.

18. Shrikant Prasad, a final year student, filed a plea in Supreme Court of India to appoint more judges in the
subordinate judiciaries to minimise the number of pending cases in the Indian District Courts. Around 3.5 Cr cases
are pending in Districts courts.

19. Broadcasting Content Complaints Council (BCCC) is oneself regulatory independent body for entertainment
channels set up by IBF (Indian Broadcasting Foundation). BCCC was in news as it gets its first woman chairperson
appointed –Justice (Retd.) Gita Mittal.
President of BCCC – Mr. K. Madhavan.

20. Collegium of Apex Court had recommended appointing Justice P. V. Sanjay Kumar as new Chief Justice of
Manipur High Court. He was the acting judge of Punjab and Haryana High Court. He replaced Justice Ramalingam
Sudhakar.
Collegium of Supreme Court consists of 5 senior most judges including the Chief Justice of India, Justice S. A.
Bobde. Other judges are Justice N.V. Ramana, U.U. Lalit, R.F. Nariman and A. M. Khanwilkar.

21. Karnataka HC gave a landmark ruling on Arogya Setu App and held sharing unauthorised data of citizens health
without their due consent amounts to infringement of fundamental right under right to Privacy under Article 21.
The high court has also restrained the Centre and the National Informatics Centre from sharing data of users
obtained via the app without their consent in response to a petition filed by privacy activist Anivar Aravind.

22. Notice has been issued to cricketer Virat Kohli, actress Tamanna Bhatia and actor Aju Varghese by Kerala High
Court while hearing plea to ban online gambling.

©LegalEdge Tutorials Page 31 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
23. Third railway line to be constructed soon connecting Mathura and Jhansi. The Apex Court has permitted felling of
approx. 4108 trees to lay down this railway track due to unavailability of any such railway track between the two. It
would also help to avoid unnecessary long hour delay as per the Court.
The railway track is to be passed through the Taj Trapezium Zone. It is a zone around Taj Mahal which protects
monument from ill effects of pollution in the area. In this regard, SC also ordered nearby industries to use
natural gas instead of coal and coke to decrease pollution.
The Taj Trapezium Zone covers three world heritage sites including the Taj Mahal. The other two are Agra Fort
and Fatehpur Sikri.

24. NGT rapped Kerala Government for weak administration and failure to comply with Solid Waste Management
Rules of 2016. As a consequence, pollution is increased in Solid waste Processing Plant of Bharampuram near
outskirts of Kochi, Kerala.

25. Maharashtra has been ranked top in justice delivery system by the India Justice Report of 2020. The report
tracked the overall progress of each state and the statistics of effective delivery of services till March 2020.
Four Pillars of Justice Delivery are Police, Judiciary, Legal Aid and Prisons.
The report has categorised the states into three categories of large, mid-sized and small states based on their
population. Tamil Nadu, Telangana and Punjab followed Maharashtra among 18 large and mid-sized states in
justice delivery system.
Among Small States, Tripura topped the list followed by Sikkim and Goa.
In terms of Prison Statistics and utilization of funds, Rajasthan stands at top.
India Justice report is efforts of collaboration of Centre for Social Justice, Common Cause, DAKSH, Vidhi
Centre for Legal Policy and many more organisations.

26. Central Government has established a new body named National Consumer Dispute Redressal Commission
known as National Commission under CPA 2019. (Consumer Protection Act 2019).

27. Madhya Pradesh Freedom of Religion Ordinance 2020 was promulgated by the Madhya Pradesh State
Government. The bill prevents conversion to another religion by way of misrepresentation, fraud, coercion, use of
force and many other grounds and provide for freedom of religion.

28. Major General Gautam Chauhan appointed as Additional Director General Human Rights.
Prior to this position, he was the Brigadier serving under the Operation Logistics Headquarters of IDS
(Integrated Defence Staff ).
He will function with Vice Chief Lieutenant General in Indian Army - S. K. Saini.
This Human Rights unit was created to ensure compliance with Human Rights Conventions and other such
treaties.

29. Country Argentina, with world’s most restrictive and stringent Abortion Laws, has legalized abortions up to
14thweek after pregnancy.

30. Algeria’s President Abdelmadjid Tebboune had signed the new Constitution of Algeria this year.

31. Supreme Court stayed the implementation of three Farm Laws and set example of Judicial Activism/Overreach.

32. New policy draft titled “Arctic” has been published by India in order to secure its control over the share of
resources, minerals and hydrocarbons, offered by the arctic region. The draft seeks to expand the scientific
research, mineral oil and gas exploration and sustainable tourism in arctic region.
The Arctic Region comprise of Arctic Ocean and cluster of countries including Denmark (Greenland), Canada,
Sweden, Norway, Iceland, Finland, Russia and USA (Alaska).

©LegalEdge Tutorials Page 32 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
33. Treaty on Prohibition of Nuclear Weapons to ban use of Nuclear Weapons by the States has been entered into. It
also restricts countries to test, produce and acquire any Nuclear Weapons. This is an historic step to get rid of
deadliest weapon in world but has been opposed by many nations armed with this Nuclear weapon.
This treaty is also known as Nuke Ban Treaty.
The treaty has been ratified by 50 countries and has come into effect in January 2021. None of the 9 nuclear
states including USA, UK, China, Russia, France, North Korea and NATO countries have signed the treaty.
India has refused to be part of this Treaty on Prohibition of Nuclear Weapons (TPNW) and had not
participated in the same. India believes such treaty to be non-contributory to the existing customary
international law and do not sets further new norms or any type of standards.

34. Right to quality electricity has been assigned to consumers by the Electricity (Rights of Consumers) Rules 2020
released by Ministry of Power.
Shri R.K.Singh is the present Union Minister of State (Independent Charge) for Power and New & Renewable
Energy.

35. Sale of items via television advertisements with claim of having supernatural powers and miraculous powers is
illegal as held by Aurangabad Bench of Bombay High Court.
It is an offence punishable under Maharashtra Prevention and Eradication of Human Sacrifice and Inhuman,
Evil and Aghori Practices and Black Magic Act, 2013.

36. A plea has been filed in the Supreme Court by the All Indian Loktantra Senani Joint Action Committee to declare
the persons who were illegally detained during 1975 emergency as freedom fighters as the emergency was
unconstitutional.
Some states including Uttar Pradesh, Madhya Pradesh, Bihar, Jharkhand, Maharashtra, Chhattisgarh, Punjab,
Haryana and Rajasthan had already extended welfare schemes to them.

37. A committee has been formed by the Apex Court to supervise and regulate the deliberations taking place between
the Central Government and Farmers protesting for the three farm bills. The committee includes-
National President of Bhartiya Kisan Union and All India Kisan Coordination Committee – Bhupinder Singh
Mann. Later withdrawn himself from the committee.
Agriculture Economist – Dr. Pramod Kumar Joshi.
Agriculture Economist and Former Chairman of the Commission for Agricultural Costs and Prices – Ashok
Gulati.
President of Shetkari Sanghatana – Anil Ghanwat.

38. Former CJ of India and Member of Rajya Sabha, Ranjan Gogoi has been appointed by Apex Court as sole
arbitrator in case of MCM Service Pvt. Ltd. vs. Ithalia Thai Development Public Company Ltd.

39. 5th Annual Death Penalty report Statistics released by Project 39A, carried out by National Law University Delhi,
and reported 65% deal sentences in 2020 to be awarded in cases of Sexual Violence.
Project 39A is inspired by Article 39-A of the Indian Constitution that furthers the intertwined values of
equal justice and equal opportunity by removing economic and social barriers.

40. Ruling by Nagpur Bench of Bombay High Court opined that groping child’s breast without “Skin to Skin Contact”
would be an offence under section 354 of IPC but not a grave offence of sexual assault under POCSO. The decision
is stayed till date in Supreme Court.
Another ruling by the Nagpur Bench of Bombay High Court stated opening the zip of pants would also not
amount to sexual assault under POCSO but an offence of sexual harassment under section 354A of IPC.

41. A contempt petition has been filed by the Odisha State Government on violation of Top Court Order by the state of
Andhra Pradesh where the state of Andhra Pradesh is alleged to have taken certain villages belonging to Odisha
State.
Kotia Group of Villages was invaded by Andhra Pradesh State.

©LegalEdge Tutorials Page 33 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
42. In order to regulate and control the various OTT and social media platforms intermediaries along with online news
and current general science websites, the Central Government has legislated Information Technology (Guidelines
for Intermediaries and Digital Media Ethics Code) Rules, 2021.
These rules are framed with exercise of power given under section 87(2) of the Information Technology Act,
2000.
Ministries involved with the legislation are Ministry of Electronics and Information Technology and Ministry of
Information and Broadcasting.

43. Karnataka High Court in recent ruling stated that Animals are also subject to healthy and clean environment with
protection from human beings who inflicts unnecessary pain and cause suffering to them. This can be construed by
reading section 3 and 11 of PCA Act along with Article 51A (g) and (h) of Indian Constitution.

44. Recent notification by Kerala Government made playing of online rummy for stakes as illegal practice. Section 14A
empowers government to regulate gambling activities and exempt those where element of skills are predominant
than the element of chance.

45. The High Court of Jammu and Kashmir has requested the Central Government to form and constitute a State
Commission for protection of Child Rights in the Union Territory.

46. Karnataka Government asked the Karnataka High Court its proposition of bringing about law to regulate and
control with supervision the online gambling games and practice.

47. The High Court of Jammu and Kashmir directed the Union Territory to avoid further construction in the earmarked
area of Gulmarg, one of the famous tourist resort, in order to preserve its glory.

48. The state government of Rajasthan has amended its Prison Rules 1951 and removed certain provisions which talks
about caste or religion based allocation of labours in jails.
This amendment has been introduced after the direction to state government from Rajasthan High Court to
ensure that no prisoner inside the jail is being forced to do a menial job merely on caste basis.

49. Plea urging to re-examine the constitutionality of section 124A of Indian Penal Code is rejected by the Supreme
Court.
Section 124A of IPC reads for offence of Sedition. This section was inserted by Sir James Stephen by an
amendment in year 1870.

50. New START (Strategic Arms Reduction Treaty) has been extended further for 5 years with Russia by USA. The
treaty is a Nuclear Arms Control Treaty.

51. Territorial Jurisdiction of International Criminal Court (ICC) also extends to occupied territories of Israel since 1967.
This includes part of Gaza, West Bank and East Jerusalem. This ruling came out by ICC in order to pave path for
prosecuting Israel and Palestinian Defence militant groups and Forces for war crimes.
Decision was objected by USA and Israel as they were not member parties to Rome Statute i.e the founding
treaty of ICC.
India is also not a member country of this Rome Statute. Obligations are not binding.
This decision, however, was welcomed and appreciated by the people of Palestine.

©LegalEdge Tutorials Page 34 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
52. 48th Chief Justice of India has been appointed by the President – Justice N. V. Ramana.
Justice Ramana was the former Chief Justice of Delhi High Court before his elevation to Supreme Court in 2014.
He is the first generation lawyer and belongs from state of Andhra Pradesh.
He succeeded Justice S. A. Bobde, the former CJI.

53. Ambit of “Public Place” under section 43 of Narcotic Drugs and Psychotropic Substances Act, 1985 does not extend
to private/personnel vehicles – said the Supreme Court.

54. A special leave petition, under Article 136, has been filed by a private firm, M/s Envitech Marine Consultants Pvt. Ltd.,
to stay the dismantling of Indian Navy Aircraft Carrier “INS Viraat” as it was decommissioned. The plea was to
hand over the carrier to the company for converting it into a maritime museum. Supreme Court rejected the same.

55. The Apex Court ruled that Right not to be deported is also a fundamental right of ancillary character and is only
available to Indian Citizens. This right is concomitant to right given under Article 19(1)(e).

56. Gujarat Freedom of Religion (Amendment) Bill 2021 was passed by Gujarat State Assembly recently in order to
prevent and penalize forcible or fraudulent conversions by marriage.
Similar bills have been passed by the state governments of Madhya Pradesh and Uttar Pradesh.

57. As directed by the Rajasthan High Court, Rajasthan State Judicial Academy set to organize a session for sensitizing
all Principal Magistrates of Juvenile Justice Boards in state of Rajasthan.

58. The Medical Termination of Pregnancy (Amendment) Bill, 2020 has been passed by the Rajya Sabha seeking the
increasing need and demand for gestational limit and ensures well being of women.
The bill was introduced by Dr. Harsh Vardhan, Union Health Minister.
The upper limit for termination of pregnancy medically has been extended to 24 weeks from 20 weeks.
However such extension is only for some certain categories of women to be defined in the Act and it includes
vulnerable women along with rape victims.

59. Supreme Court activated the dormant Article 224A of Indian Constitution. The Article empowers Chief Justice of
High Courts to appoint retired High Court judges as ad hoc judges for a period of 2 to 5 years if High Court are
facing large number of pendency of cases.

60. Justice Mohan Mallikarajanagouda Shantanagoudar, Supreme Court Judge, passed away at age of 62 years. He
was former Chief Justice of Kerala High Court before elevating to SC in 2017. His parent court was Karnataka High
Court.

©LegalEdge Tutorials Page 35 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
Sectional Test (Legal Reasoning)

Direction: Solve the following questions based on the legal information given in the passage.

Passage (Q.1-Q.5): On Friday, the National Investigation Agency (NIA) told a special court in Mumbai that the
arrested assistant police inspector Sachin Waze was not cooperating in the probe against him and was insisting on
his lawyer being present during interrogation. Separately, Waze filed an application seeking to be allowed to meet
his lawyer in privacy while he is in police custody. Article 22 states that a person cannot be denied the right to
consult and to be defended by a legal practitioner of his choice. This includes provisions that grant an accused the
“right to consult” a lawyer. Section 41D of the Criminal Procedure Code (CrPC) states that an accused is entitled to
“meet an advocate of his choice during interrogation, though not throughout interrogation.

Lawyers in India are not allowed to be with an accused throughout their investigation. Apart from the provisions of
Section 41D of the CrPC, courts also rely on the Supreme Court judgment in the D K Basu case of 1997, considered
the guiding principles to be followed by investigating agencies in cases of arrest or detention. The judgment states
that “an arrestee may be permitted to meet his lawyer during interrogation, though not throughout the
interrogation”. The Supreme Court stressed the safeguards for accused, but also spoke of “difficulties in detection
of crimes”, especially in cases of “hardcore criminals”, and ruled that a lawyer cannot be permitted to remain
present throughout the interrogation.

In Senior Intelligence Officer vs Jugal Kishore Sharma (2011), the Supreme Court allowed the accused’s lawyer to
watch the proceedings from a distance or from beyond a glass partition, but said “he will not be within the hearing
distance and it will not be open to the respondent to have consultations with him in course of the interrogation”.
The same judgment was referred to by the special court in Mumbai, which allowed for Waze’s lawyer to remain
present during interrogation but separated by a glass partition. In many criminal cases, it is left to the discretion of
the court that has remanded an accused to the custody of the police, to decide on whether the lawyer can be
permitted to meet the person for a stipulated time in private when interrogation is not in progress.

Source: Indian Express, 24 March 2021

1. Kishan was arrested by the Police for agitating a riot in a political rally. He was sent in judicial custody by a local
magistrate for 20 days and Police was allowed to visit him in custody for the purpose of interrogation. After one
such interrogation he filed an application before the magistrate that he has been threatened to being subjected to
third degree torture if does not confess. Thus, he requested the presence of his lawyer during interrogation to
prevent any possible violence. Police has opposed the application contending that such an act is not permissible by
law. Which of the following is the most plausible order that the magistrate can pass?
(a) Magistrate shall allow the application considering the special situation that the accused has been threatened
with violence and such a situation warrants for a continuous presence of a lawyer throughout the interrogation.
(b) Magistrate shall not allow the application as allowing the presence of a lawyer throughout the interrogation is
in contravention of the established law of the nation.
(c) Magistrate shall allow the application as the presence of the lawyer during the interrogation but with glass
partition and beyond hearing distance that ensures safeguards to the accused and furthers the objective of the
provision.
(d) Magistrate shall not allow the application as it would let the accused cunningly escape the purpose of
investigation with the help of a lawyer present throughout the investigation.

©LegalEdge Tutorials Page 36 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
2. Harish Phalke is a prominent Senior Advocate of the Supreme Court who moved an appeal, on behalf of his client,
against the order of the Bombay High Court. The judgment of the Bombay High Court inhibited the client, who is
an accused of homicide, to meet his lawyer as many times as he wishes during the interrogation. In the appeal filed,
Phalke argued that the relevant provision just prohibits the continuing presence of an advocate with the accused
but does not prohibit the accused from requesting his presence with certain breaks in between. This way the
meeting between the two does not last throughout the interrogation. The court has reserved the judgment for a later
date. Choose the correct option in regard to the judgment.
(a) Appeal shall be allowed as the meeting the lawyer during the interrogation, although with certain breaks in
between, satisfies the language of the relevant provision and judgment of the Supreme Court.
(b) Appeal shall not be allowed as the said interpretation of the provisions satisfy the letter of the provisions but is
still in contravention of the purpose of the provision as the accused would then have access to the lawyer
throughout the interrogation.
(c) Appeal shall be allowed as the law provides no such prohibition on the meetings with the lawyer with breaks
to ensure that the safeguards ensured by the Constitution are protected.
(d) Appeal shall not be allowed as such a judgment would set a bad precedent for the citizens to bend the existing
law as per their convenience.

3. Which of the following is incorrect in context of the passage:


I. No person can be denied the right to consult and to be represented by a legal practitioner of their choice.
II. Court has the discretion to allow a lawyer to meet the accused at any time during the interrogation.
III. Lawyers’ presence is not allowed during the interrogation so that the accused's answers are not influenced by
someone who has prior knowledge of law and knows a way out of the legal procedure.
IV. Allowing the lawyer to view the interrogation through a glass from a distant room derogates the objective as
interrogation shall be a discreet process.
Choose the correct option:
(a) II and IV
(b) II and III
(c) III and IV
(d) II, III and IV

4. Zafar has been accused of domestic violence and dowry demand by his wife. Police arrested him as soon as the FIR
was registered. Zafar explained to the Police that he has been falsely accused and should not be arrested. Later on
he was sent into a Police Custody for interrogation by the local magistrate. He has been explained the accusations
against him along with his rights, further he was told that due to the gravity of the offence he would not be allowed
to meet or talk to anyone including his lawyer. The step was to ensure that he does not influence or force his wife
from changing her wilful stand against him. Zafar has approached the High Court under Article 226 of the
Constitution to enforce his rights. Which of the following is the correct option?
(a) Zafar shall be allowed to meet his lawyer as the prejudice contended by the Police would be caused only if the
presence of the lawyer throughout the interrogation is allowed and not otherwise.
(b) Zafar shall not be allowed to meet his lawyer if the court believes that it would be prejudicial to the victim/
complainant and the investigation being done by the Police.
(c) Zafar shall be allowed to meet his lawyer as right to a counsel is a constitutionally guaranteed right which
cannot be curtailed in any situation whatsoever.
(d) Zafar shall not be allowed to meet his lawyer as in this special situation he might influence the stand of the
complainant as well as the outcome of the investigation making it difficult for the Police to make a case against
him.

©LegalEdge Tutorials Page 37 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
5. Shaan Singh Tomar, a well-known bandit, was arrested by the Police in Bhind district of M.P. Due to the difficulty
faced by the Police to nab him once, he was sent into judicial custody so that his presence could be sought for the
legal procedure including an interrogation. He requested the appointment of a lawyer for him and such lawyer’s
presence during the investigation so that the Police does not take advantage of his illiteracy and unfamiliarity with
law. Understanding the special situation, the local magistrate allowed the request. State has opposed the order of
the magistrate in an appeal arguing it is in contravention with the established law of the land. Decide whether the
appeal shall be allowed or not.
(a) The appeal shall be allowed as a lawyer cannot be present with the accused throughout the process of
interrogation as the same would render the purpose of the interrogation futile.
(b) The appeal shall not be allowed as the courts enjoy absolute discretion in the matters of allowing a lawyer at
any time during or throughout the interrogation of the accused.
(c) The appeal shall be allowed as in a special circumstance such as this one courts shall be allowed to bend the
interpretation of the laws using their inherent powers to further the cause of justice.
(d) The appeal shall not be allowed as the inherent powers of the court shall be exercised within the four corners of
the already established law and therefore such power cannot be used to allow the presence of the lawyer
throughout the interrogation.

Passage (Q.6-Q.10): The Supreme Court observed that the statements made during the discreet/open enquiry at
Pre-FIR stage cannot be said to be a statement under Section 160 CrPC and/or the statement to be recorded during
the course of investigation as per the Code of Criminal Procedure and therefore cannot be used against the accused
during the course of trial. Such a statement cannot be said to be confessional in character, and as and when and/or
if such a statement is considered to be confessional, in that case only, it can be said to be a statement which is self-
incriminatory, which can be said to be impermissible in law, the bench comprising Justices DY Chandrachud and
MR Shah observed. The bench added that Statement and the information so received during the course of discrete
enquiry shall be only for the purpose to satisfy and find out whether an offence is disclosed.
In appeal, the bench considered the question whether such an enquiry at pre-FIR stage would be legal and to what
extent such an enquiry is permissible? Referring to Lalita Kumari v. Government of Uttar Pradesh. The bench
observed that an enquiry at pre-FIR stage is held to be permissible and not only permissible but desirable, more
particularly in cases where the allegations are of misconduct of corrupt practice acquiring the assets/properties
disproportionate to his known sources of income. After the enquiry/enquiry at pre-registration of FIR
stage/preliminary enquiry, if, on the basis of the material collected, it is found that the complaint is vexatious
and/or there is no substance at all in the complaint, the FIR shall not be lodged. However, if the material discloses
prima facie a commission of the offence alleged, the FIR will be lodged and the criminal proceedings will be put in
motion.
A statement given at such a stage cannot be said to be a statement under Section 160 and/or the statement to be
recorded during the course of investigation as per the Code of Criminal Procedure. Such a statement even cannot be
used against the appellant during the course of trial.
Source: Live Law, 25 March 2021

6. Shahdab, a real estate developer was brought in by Police for questioning for possessing disproportionate property
before filing of the FIR. During the questioning, he stated to have a farm house where he stores most of his
documentation and will ask someone to drop all the relevant papers in the Police Station. On the basis of
questioning, FIR was registered against him and he was charged for possessing disproportionate property on the
grounds documents that Police discovered from a raid at the farm house. Shahdab filed a petition before the high
court for quashing of the FIR as Police could not have acted on the information received from him during such
questioning. Police defends stating that law allows them to prove information discovered in consequence of the
statement received from the accused during the interrogation. Choose the correct option.
(a) Police has rightly used the statement to file charges against Shahdab as any information received from an
accused during interrogation can be used to discover new incriminating evidence.
(b) Police cannot use the statement received during the questioning as the same can only be used to ascertain
whether there is a prima facie commission of crime and for no other purpose.
(c) Police has rightly used the statement as adjudication of guilt is the ultimate objective of the criminal procedure
and in furtherance of the same mere irregularities can be excused by the courts.
(d) Police cannot use the statement as the same was incriminating in nature and its submission before the court of
law is impermissible.
©LegalEdge Tutorials Page 38 of 64
Replication or other unauthorized use of this material is prohibited by the copyright laws of India
7. Satish Kumar is a retired senior IAS officer with an infamous career due to multiple accusations of corruption. After
his retirement, a government employee reported that Satish received a bribe of Rs 1 lac for not terminating him on
false grounds. Acting on the report, the Police department initiated a preliminary investigation against Satish to
determine a prima facie case of guilt. The government employee filed a petition contending that for every
cognizable offence Police is mandatorily required to register an FIR irrespective of the offence alleged to have been
committed. Which of the following is the most significant reason to conduct or not conduct a preliminary enquiry
before registering the FIR?
(a) The requirement of preliminary enquiry shall be done away with as it extends the process of criminal trial
making it more tedious and provides a chance to the accused to escape the liability of their actions.
(b) The requirement of preliminary enquiry shall be used only in rare occasions where the Police is of the
impression that complaint is false one made with a malicious intention.
(c) The requirement of preliminary enquiry is essential for the Police to ensure that the complaint is vexatious or
there is actually material to prove a prima facie case against the accused.
(d) The requirement of preliminary enquiry is essential in all kinds of cases to protect the interests of the accused so
that they are not forced into a trial based on a false complaint.

8. Assertion (A): A statement given during the stage of preliminary investigation cannot be confessional in nature.
Reasoning (R): If such a statement is considered confessional it would be self incriminating which is impermissible
under law.
Which of the following is the correct option?
(a) Both A and R are true, R is not the correct explanation of A.
(b) Both A and R are true, R is the correct explanation of A.
(c) A is true and R is false
(d) A is false and R is true

9. Offence of corruption was reported against a state cabinet minister and the Police decided to proceed with a
preliminary investigation before filing FIR against her. After a detailed preliminary investigation against the
minister, the Police department did not file any FIR against her. A leaked copy of the report of preliminary
investigation suggested that the crime has been committed by the minister. This led to a social media outbreak, the
high court took the suo moto cognizance of the matter and found the leaked copy to be true. The court ordered the
Police department to register an FIR and move forward with the investigation. The minister has made an appeal
against the order of the high court that the Police enjoys discretion on whether to file an FIR according to reports of
the preliminary investigation. Choose the correct option.
(a) Only if Police finds that there is a prima facie case against the accused is it bound to register an FIR and proceed
the investigation of the case and the court cannot order it to do so.
(b) The leak reports are not conclusive proof that there was a prima facie commission of the alleged crime and thus
there is no requirement of filing an FIR and proceeding with the investigation.
(c) The court has correctly ordered the police to file the FIR after the preliminary enquiry as it suggests that there is
prima facie commission of crime by the accused and in such a case FIR shall be registered and criminal
proceedings shall be set in motion.
(d) The court shall order another preliminary enquiry under its own supervision to ascertain that there is a prima
facie case of the commission of the offence by the accused.

©LegalEdge Tutorials Page 39 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
10. Shilpa is an MLA from the Dharavi area of Mumbai against whom a case for disproportionate income has been
reported. The person who reported the crime produced before the Police some proof of her guilt. Thus, Police
decided not to conduct a preliminary enquiry and proceed with filing of an FIR and then investigation. Shilpa filed
a special leave petition before the Supreme Court contending that a preliminary enquiry in cases of
disproportionate income is always desirable and thus skipping that process leads to gross defiance of law. After
hearing arguments of both sides, the Supreme Court has reserved the matter for judgment. Which of the following
shall be the judgment in respect of the petition?
(a) The court shall order the Police to conduct a preliminary enquiry to ascertain that the reported crime is
vexatious or there is really a prima facie case of commission of crime against Shilpa.
(b) The court shall not order the Police to conduct a preliminary enquiry as it is only desirable to ensure that there
is a prima facie case against the accused but there is no legal obligation to carry out such an enquiry.
(c) The court shall order the Police to conduct a preliminary enquiry because cognizable offence might entail
serious consequences in which case such an enquiry is warranted.
(d) The court shall not order the Police to conduct a preliminary enquiry as in cases of cognizable offences
registering of FIR is a mandatory criteria and there is no prior need to conduct a preliminary enquiry.

Passage (Q.11-Q.15): The principle of secularism is embedded in several parts of our Constitution, in particular, the
Preamble, fundamental rights, and DPSP. Part III of the constitution provides endorsement to freedom of religion in
India. Article 25, 26, 27 and 28 provide a guarantee to several facets to this freedom. It is quite clear from the
wordings of Article 25 which states that “Subject to public order, morality and health and the other provisions of
this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and
propagate religion.” But it doesn’t include a right to convert another person to one’s religion. Forcible conversion
impinges upon the ‘freedom of conscience’ guaranteed to all. Under the new law of the UP, The Uttar Pradesh
Prohibition of Unlawful Conversion of Religious Ordinance, 2020, the Uttar Pradesh government further
entrenched “communalism by law” in the state. It denies transformation from one religion to another by
“misrepresentation, drive, extortion, undue impact, constraint, allurement or marriage” a person planning to
convert to another religion must, at least 60 days in advance, notify the district magistrate or additional district
magistrate and send a prescribed declaration that the decision is free from any coercion or attraction and from the
free choice of the individual. Once the ‘conversion’ occurs, another declaration must be submitted within 60 days.
As it were at that point will the individual be able to achieve an affirmation certificate that the transformation is
legal. The district magistrate’s office is required to show a copy of the affirmations on the take note board of the
office till the date of affirmation of “conversion”. In the landmark judgments of Lily Thomas Vs. Union of
India and Sarla Mudgal vs. Union of India, the Supreme Court confirmed that religious conversions carried out for the
sole purpose of getting some legal rights, without a bona fide belief are illegal and do not hold any merit.
Source- ccjarmlnlu.wordpress.com, 21st March 2021

11. On the occasion of Holika Dahan, Manu wants to celebrate it with his family and see the rituals performed for the
same. Due to rise in COVID-19 case again in 2021, government issued an order restricting people to get into crowd
or public gatherings/processions and disturb the public place and ongoing situation of COVID-19. No lockdown
was imposed but only guidelines were issued for the same. Manu felt the order to be religiously biased and asked
his family members to go for holi celebration. Whole colony members were enjoying the occasion and soon police
officers came and lathi charge was imposed to disburse the crowd. Manu claimed his right of religion and its
promotion to be violated. Decide-
(a) Contention of Manu is correct as such order restricting crowd gathering was against right to freedom of religion
and is violative in nature.
(b) Contention of Manu is incorrect as order restricting crowd gathering was not against the right to freedom of
religion under article 25 and was reasonable.
(c) Contention of Manu is not incorrect as lockdown order violates their right to practice and promote religion and
does not violate or disturbs public peace and order.
(d) Contention of Manu is not correct as the order was infringing the right to freedom of religion of individual but
has reasonable grounds for restricting such crowd gatherings.

©LegalEdge Tutorials Page 40 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
12. Mehboob Mufti was in love with Mehbooba and wants to marry her. But their families were against their
relationship and marriage too. Mehboob asked her girlfriend to convert into his religion and the problem will be
solved regarding the same. Mehbooba agreed to his advice and converted to Islam. In Islam there is ritual of
providing Mahr to the bride, but at time of Nikah, Mehboob refused to give Mahr (Meher) to Mehbooba. She
claimed it as a matter of right. Decide-
(a) Mehbooba has a valid claim over Mahr and the conversion is legal as it was not done for the purpose of getting
legal rights under other religion.
(b) Mehbooba has no valid claim over Mahr and the conversion is illegal as it was done with the purpose of getting
extra legal rights under other religion.
(c) Mehbooba has valid claim over Mahr only when she gets married and cannot claim it as matter of right but
only duty of her husband Mehboob.
(d) Mehbooba has no legal rights to Mahr and her conversion to Islam is though valid, her rights remain restricted
to her original religion.

13. Zainab was much inclined towards the culture and rituals of Hindu religion and wants to get converted to Hindu
religion. She was not in terms with her own religion and wants her family to agree to her on this decision of
conversion. She stated that she likes Hindu religion over her religion and wants to get converted. No one can stop
her as she can claim it as right under article 25 of the Constitution. Which of the following defeats the arguments of
Zainab?
(a) Right to Conversion is not part of article 25 and it is only restricted to protection of right to freedom of one’s
conscience and is limited.
(b) Right to Conversion is part of article 25 as negative right similar to article 19 as it provides for both right to
freedom of speech and right to remain silent.
(c) Right to Conversion is not part of article 25 as it provides for only practice and promotion of religion and its
propagation. Not for conversion of religion.
(d) Right to Conversion can be claimed as matter of right under article 26-28 of Part III of the Constitution, for
limited purpose only i.e. claiming civil rights from other religions.

14. Sunaina was in love with Rahul and misrepresented her to be from Islamic religion. She asked Rahul to get
converted to Islam to marry her. Rahul first disagreed but later agreed to marry her and convert to Islam. He
married to Sunaina and gets to know that she is from Hindu religion. He was very angry on her to force and
compel him for interfaith marriage which was unnecessary. Sunaina stated her genuine family reasons for such
conversion as she lied to her family of Rahul being of other religion. Decide-
(a) Conversion of Rahul was a valid conversion as it was done with purpose of marriage with Sunaina and is legal
too.
(b) Conversion of Rahul was not valid conversion as it was done out of coercion by Sunaina and was forceful due
to unstated/unknown family reasons.
(c) Conversion of Rahul was invalid as Suanina has genuine reasons for her act and she would not be held liable
for any wrong on her part.
(d) Conversion of Rahul was not valid as it was done out of misrepresentation by Sunaina and is held to be illegal
too.

15. In which of the following the protection of article 25-28 cannot be claimed.
I. Dheeru Bhai establishing a giant Hindu temple of goddess Saraswati in front of the main Masjid in state of
Uttar Pradesh.
II. Ratanlal and his groups were taking out the rally promoting the Gangaur Puja in state of Rajasthan. The
procession was taken from outside hospital with a huge crowd gathering.
III. Satish planned for publicising the anti-nationalist agenda going on in the country and perform forceful
conversions of anti-nationals, mainly Muslims into Hindu religion.
IV. Ray and Ronita, belonging to special tribe of Chhattisgarh, refused to stand at and sing the national anthem as
it was totally against their religious practices.
(a) Only II.
(b) Both II and IV.
(c) I, II and III.
(d) Both III and IV.

©LegalEdge Tutorials Page 41 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
Passage (Q.16-Q.20): As we understand, no right under part III of the Constitution is absolute and free from
limitations. Therefore, Art 19(6) of the Constitution, permits the State to impose reasonable restrictions in the
interest of the general public. A citizen can enjoy the rights mentioned under Art 19(1)(g) subject to reasonable
restrictions provided under Art 19(6). The construction of Art 19(1) (g) says that a citizen has the right to practice
any profession or to carry on any occupation, trade or business (POTB). As laid down in Anuradha Bhasin vs. Union
of India, the Supreme Court has held that the restrictions laid down under article 19 have to be tested on the anvil of
the test of proportionality and that the Articles 19 and 21 of the Constitution mandate that any 'State action should
satisfy five important criteria, which are : (a) State actions to be backing by a 'law', (b) legitimacy of purpose, (c)A
rational connection of the act and object, (d) The necessity of the action, and finally (e) when the above four are
established, then the test of proportionality. The Supreme Court has held in Shaikh Zahid Mukhtar Petitioner vs. The
State Of Maharashtra And Ors. That the scope of Article 21 of the Constitution extends to include the right of a
person to consume the 'food of his choice. As laid down in this case, Art 21 protects a citizen and restricts State
intrusion into a person's home and helps a person to lead a meaningful life which includes the right to eat food,
preferably food of her/his choice. The Supreme Court has observed in Hinsa Virodhak Sangh vs. Mirzapur Moti
Kuresh Jamat that Article 19(1)(g) of the Constitution cannot be put to peril or jeopardized to assuage the feelings of
any particular community or a particular section of society, or as a mark religious sentiment of a particular
community”.
Source- Live Law, 25th March 2021

16. John, was a non-resident of India, was a non-vegetarian and had visited India for purpose of his food vlog. He was
a foodie too. He went to Hyderabad to eat the famous Biryani of the state and prepare a vlog for the same. At that
time, bird flu was prevailing in the state and the state of Andhra Pradesh passed an order restricting the shops from
using chicken meat for the purpose of preparing Biryani for a period of one year and eventually this lead to failure
of plan of John. He was very upset and made the show owners believe that the restriction is unusual and has to be
challenged. Decide-
(a) The state government order restricting the use of chicken meat in preparing biryani is invalid as it has not
passed the test of proportionality under Article 19(1)(g).
(b) The state government order restricting the use of chicken meat in preparing biryani is invalid as it has not
passed the test of reasonable nexus under Article 19(1)(g).
(c) The state government order restricting the use of chicken meat in preparing biryani is valid as it has passed the
test of proportionality under Article 19(1)(g).
(d) The state government order restricting the use of chicken meat in preparing biryani is invalid as it has not
passed the test of necessity under Article 19(1)(g).

17. Due to ongoing situation and rise in COVID-19 cases, the government of India has issued an order restricting the
manufactures of Paracetamol medicine to use the specified drug in the minimal amount possible else such medicine
with more than the prescribed amount will not be permitted for sale. This is because such drug in more than
specified quantity in paracetamol medicine would affect the person having COVID 19 positive and thus, has not to
be sold. The manufacturers claimed it to be affecting their business and the supply of drugs for manufacturing the
medicine for next 1 year has already being made and it would make hefty losses for them if they don’t use it. In the
light of same, decide-
(a) The order passed by the government of India is not reasonable and has no nexus with the prevailing situations
and hence violates the right under Article 19.
(b) The order passed by the government of India is reasonable and has nexus with the prevailing situations and do
not violates the right under Article 19.
(c) The order passed by the government of India is reasonable but has no nexus with the prevailing situations and
hence do not violates test of proportionality under Article 19.
(d) The order passed by the government of India is not reasonable but has nexus with the prevailing situations and
hence violates test of proportionality under Article 19.

©LegalEdge Tutorials Page 42 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
18. Asif, a resident and citizen of USA, was visiting India for the purpose of doing some agriculture on the barren land
of his brother-in-law. He asked his in-laws to transfer this land to him for one year and he will guarantee them a
good crop for the upcoming years and decades. Soon, the government of India passed an order mandating for
every resident and non-resident of India to disclose all their property in India and any income from such land
would be subject to tax and also non-resident people cannot earn agriculture income from such lands. Asif get to
know about this order and challenged the same in the court of law. Which of the following contentions can be put
forth by the Asif-
(a) The order passed by the government of India restricting non-residents from earning agriculture income is
violative of his right under Article 19 and is unreasonable.
(b) The order passed by the government of India restricting non-residents from earning agriculture income is not
violative of his right under Article 19 and is reasonable.
(c) The order passed by the government of India restricting non-residents from earning agriculture income is
violative of his right under artic Article le 19 but is not unreasonable.
(d) The order passed by the government of India restricting non-residents from earning agriculture income is not
violative of his right under Article 19 but is unreasonable.

19. Piyush was in habit of sleeping a lot and his wife was very unhappy with this habit of him. Also, in the recent
survey by the government of India, it was found that Indian men are much more indulged in habit of sleeping
during working hours and hence it affects their productivity and efficiency at work place. In lieu of this the
government passed an order restricting the sleeping hours of each individual as per the category and status of work
they do. It also made it minimum for the salaried individuals. The order was challenged in the court on
constitutional grounds. Decide-
(a) The order passed by the government of India is without legitimate aim, necessity, reasonable nexus and not
proportional too.
(b) The order passed by the government of India is reasonable and proportional and do not violate any right under
Article 19 of the Constitution.
(c) The order passed by the government of India is with legitimate aim, necessity, and reasonable nexus and is
proportional too.
(d) None of the above.

20. Choose the most appropriate.


Assertion (A): Rights under part III of the constitution are fundamental in nature. They can be claimed on
infringement but are not absolute in character.
Reason (R): Article 19(1) has enshrined fundamental rights as to freedom of speech and expression subject to article
19(2) to 19(6).
(a) Both Assertion and Reason are correct and Reason is correct explanation of Assertion.
(b) Only Assertion is correct and Reason is incorrect.
(c) Both Assertion and Reason are correct but Reason is not correct explanation of Assertion.
(d) Both Assertion and Reason are incorrect.

Passage (Q.21-Q.25): Section 1 of the Prohibition of Child Marriage Act [PCMA] makes it applicable to all citizens of
India. Further, it was observed by the Supreme Court that the PCMA, being a special law of secular nature, shall
have precedence over Muslim marriages. Furthermore, in Mohd. Ahmed Khan v. Shah Bano Begum, the court ruled
that section 125 of the Code of Criminal Procedure, being a statutory law, takes precedence over Muslim law. The
permitted age of marriage under Muslim law not only contravenes the PCMA but other laws as well. For instance,
the Protection of Child from Sexual Offences Act [POCSO Act], which prescribes 18 years as the minimum age for
consensual sex. In Independent Thought v. Union of India, the court struck down exception 2 of section 375 of the
Indian Penal Code, which allowed non-consensual sex with wife of age above 15 years, for being in contravention
with the POCSO Act and violative of fundamental rights of women. By prescribing 15 years as the age of marriage,
Muslim law indirectly encourages sexual intercourse with a girl child and goes in contravention with the POCSO
Act. Child marriage destroys the dignity of a girl child and Muslim law violates Article 21 of the Indian
Constitution by fostering child marriage. However, personal laws are immune from constitutional scrutiny. The
Bombay High Court ruled in 1951 that personal laws do not fall under the ambit of 'law' under Article 13 of the
Constitution and thus, they cannot be tested against fundamental rights. The judgment holds the test of time and is
a valid law to date. Although the Supreme Court expressed doubt over the correctness of the judgment in

©LegalEdge Tutorials Page 43 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
Sabrimala and Triple Talaq case, it fell short of overruling the judgment. Justice Chandrachud remarked in the
Sabrimala case that an individual is a basic unit in the Indian Constitution and no set of practices can claim
precedence over the Constitution.
Source- Live Law, 28th March 2021

21. Ilham, a 16 year old girl, was very keen in her studies. Her family wants to get her married in a rich family. She
disagreed to the proposal and wants to continue her studies. She wants to be the public servant and get into
administrative work. But her family was not in favor and instructed her to get married to the boy oh their choice or
else they will sell her out to someone. Being threatened by her parents, she agreed for the Nikaah and get married
to the bridegroom oh her parents’ choice. In light of the following passage, decide the status of marriage-
(a) The marriage of Ilham is invalid as it was done out of compulsion of her parents and her consent was not free
as to the marriage.
(b) The marriage of Ilham is not valid as it was done in contravention to PCMA act and the PCMA act doesn’t
override the Muslim personal law.
(c) The marriage of Ilham is not invalid as it was carried out as per Muslim personal law and PCMA does override
the Muslim personal law.
(d) None of the above.

22. Pushpa, a 17 years old girl, was in love with Rahul and wanted to marry her. She denied marrying any other man
other than Rahul. Her family members were against this marriage and advised her to continue her household work
and get married to the boy they wish to. She ran away from her home with Rahul and gets married to him. Later
she returned back and her family members forgive her for her acts. Sooner, Rahul and Pushpa were living their
marital life and they indulged in sexual intercourse with one another. Pushpa refused Rahul a lot but Rahul forced
her as they were a married couple and want to have that relationship between them. Decide-
(a) The act of Rahul cannot be said to be an offence under IPC but an offence under PCMA for marrying Pushpa
and hence the marriage is void.
(b) The act of Rahul can be said to be an offence under PCMA and IPC both and the marriage between them is
void.
(c) The act of Rahul cannot be said to be an offence under PCMA but an offence under IPC for having sexual
intercourse with Pushpa and held the marriage to be voidable.
(d) The act of Rahul does not amount to be an offence under both IPC and PCMA as it was all done with the
consent of Pushpa and marriage is valid.

23. Ibadat, a 12 year old girl, was a talented child. She loves dancing, singing and playing instruments. She used to go
for practicing playing piano at Darbara Town Hall. There she met Kamal and soon they became friends. They get
into contact with each other every day and this friendship turns into relationship and they decided to marry each
other. Ibadat doesn’t want to tell her family about the same and they get married. Soon, Ibadat’s father gest to know
about the marriage and he filed a complaint against Kamal for abducting her daughter and getting married to her.
In trial, the court will-
(a) Held the marriage between Ibadat and Kamal to be valid under Muslim personal law and it cannot be
invalidated subsequently.
(b) Held the marriage between Ibadat and Kamal to be void under POCSO Act and it can be invalidated
subsequently.
(c) Held the marriage between Ibadat and Kamal to be voidable under PCMA Act and it can be validated
subsequently on Ibadat getting major.
(d) None of the above.

24. Rakhi, a 17 year old minor girl, meet Roshan and they became good friends. Their families liked each other and
want them to marry. Rakhi was not happy with this decision as she is in love with her boyfriend. She wants to
marry him only. Later, their families get Roshan and Rakhi together in the marriage tie and blessed them. Rakhi
was not happy with her marriage and revealed Roshan that she is a prostitute and had a boyfriend to whom she
loves the most. Roshan was very upset with the news and forced Rakhi to have sexual intercourse with him as there
exists a valid marital relationship between them. Decide-
(a) The marriage between Roshan and Rakhi is void and Roshan can be penalized for committing offence under
IPC and PCMA.

©LegalEdge Tutorials Page 44 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
(b) The marriage between Roshan and Rakhi is voidable and Roshan can be penalized for committing offence
under IPC only at option of Rakhi.
(c) The marriage between Roshan and Rakhi is valid and Roshan cannot be penalized for committing offence
under IPC and PCMA.
(d) The marriage between Roshan and Rakhi is voidable and Roshan can be penalized for committing offence
under POCSO, IPC and PCMA.

25. Choose the appropriate option.


Assertion (A): Section 494 of IPC deals with the offence of Bigamy. But the provision for Bigamy or polygamy still
finds its place in Muslim personal laws.
Reason (R): Personal laws are immune from the scrutiny of Constitutional scheme and General laws always prevail
over Special laws.
(a) Both Assertion and Reason are correct and Reason is correct explanation of Assertion.
(b) Only Assertion is correct and Reason is incorrect.
(c) Both Assertion and Reason are correct but Reason is not correct explanation of Assertion.
(d) Both Assertion and Reason are incorrect.

Passage (Q.26-Q.30): The operative part of the judgment in Puttaswamy case over-ruled the decisions in M P Sharma
and Kharak Singh to the extent that they held the right to privacy was not protected by the Constitution. The nine-
judge bench ruled that 'right to privacy' is an intrinsic part of right to life. Accordingly, it further held that the body
of case law that developed subsequent to Kharak Singh, recognizing the right to privacy, enunciated the correct
position of law. As the Puttaswamy decision rooted the right to privacy in Article 21 of the Constitution it can only
be taken away through procedure established by law. The Supreme Court has already clarified in the Maneka
Gandhi vs. Union of India decision that this procedure has to be just, fair and reasonable. How does 'due procedure'
among other standards of 'judicial review by courts' will operate in cases where the state restricts the fundamental
right to privacy, has also been explained in the Puttaswamy case through a four-fold test created on the basis of the
observations made by Justices Chandrachud and Kaul. The four elements of the test are as follows:
(i) Legitimate Aim stage: The court is required to check if there's a legitimate aim to infringe upon the right to
privacy.
(ii) Suitability or rational nexus stage: This requires the court to examine if there is a rational connection between
the infringement of the right and the purpose of the restriction. In other words, it has to be seen whether the
measure is suitable for achieving the purpose of the restriction.
(iii) Necessity stage: This is to test if there is a less restrictive or equally effective alternative means of achieving the
goal in terms of restrictions on the right.
(iv) Balancing stage: Herein, the benefit that the State gains by restricting the right has to be balanced with the
impact of loss of the right.
If any restriction fails to satisfy the above four-pronged test, then it would amount to a violation of Article 21.
Source- Live Law, 28th March 2021

26. For the upcoming Uttar Pradesh Elections of 2021, the UP state government passed an order titled Uttar Pradesh
(Phone Tapping of Ministers) Rules 2021 which issued guidelines for phone tapping of ministers contesting
elections from the respective political parties. The order was promulgated to restrict the number of anti-defections
takings place within the parties and to stop such practices. Ministers claim it to be violating their right to privacy
under article 21 of the constitution and state defends that the anti-defection has been incorporated in the schedule
of the constitution and the order was issued under same head. Decide-
(a) The order passed by the UP state government is invalid as it was passed with no legitimate aim and it should
be struck down.
(b) The order passed by the UP state government is invalid as it was passed without any necessity and it should be
struck down with immediate effect.
(c) The order passed by the UP state government is valid as it passed all the four pronged test of legitimacy,
rational nexus, necessity and balanced approach.
(d) The order passed by the UP state government is invalid as there was no reasonable nexus or connection of such
restriction with the infringement of right and it should be struck down with immediate effect.

©LegalEdge Tutorials Page 45 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
27. There was a recent case of rape of a minor girl in state of Rajasthan. The state government passed an order titled
Rajasthan (Heinous and Grave cases of rape of minor girls) Rules 2021 where the trial courts has to reveal the name
of the rape victim in the records and upload the same data over the internet for the purpose of granting faster relief.
The rules stated for disclosure of such victims who were subject to grave and heinous rape situation and their case
had to be tried by special fast track courts and have to be tried within 3 years of its institution. This was challenged
by the public through PIL in High court and claims it to be violating the privacy right of victim by making their
name public. Decide-
(a) The order by state government of Rajasthan was not valid as the restriction imposed has not passed the test of
legitimate aim and should be invalidated.
(b) The order by state government of Rajasthan was not invalid as the restriction imposed has passed all the test of
legitimate aim, necessity, reasonable nexus and balancing the right appropriately.
(c) The order by state government of Rajasthan was not valid as the restriction imposed has not passed the test of
reasonable nexus and should be invalidated.
(d) The order by state government of Rajasthan was not valid as the restriction imposed has not passed the test of
balancing out the right to privacy and its infringement and should be invalidated.

28. In past few years there have been many instances of companies committing frauds and scams with its shareholders
and directors having inappropriate controls over the management of subsidiary and holding companies of parent
company. To stop such practice the state of Maharashtra has passed an order titled Companies (Disclosure of
accounts) 2021 where the government mandates the disclosure of company’s book of accounts with proper details
and management information. Such data will be scrutinised by the officials and in case of any mismanagement
enquiry will be done in the company. This applies to both private and public companies. Toyo World Pvt. Ltd.
Challenged this order claiming protection of right to privacy under Article 21. Decide-
(a) The order passed by the Maharashtra government is valid as it had passed all the four-bound test and the
restriction on right to privacy is valid.
(b) The order passed by the Maharashtra government is invalid as it had not passed any of the four-bound tests
and the restriction on right to privacy is invalidated.
(c) The order passed by the Maharashtra government is invalid as it had not passed the test of reasonable nexus
and necessity and the restriction on right to privacy is invalidated.
(d) The contention put forth by the Toyo World Pvt. Ltd. Is invalid as right to privacy under article 21 is only for
the individuals and cannot be claimed by the companies.

29. Due to sudden rise in the number of cases of COVID-19, the government of Odisha has passed an order dated 15th
February 2021 titled Odisha (Guidelines for cases of Covid-19) Rules 2021 which mandates the hospital authorities
to record and update the government website with names of those patients having positive Covid-19 and such
person or his family will be given due care. The order was challenged by Mr. Pathak on the grounds of violation of
Article 21 and disclosing his name as Covid-19 positive would attract social ramifications. Decide-
(a) The order passed by the Odisha government is invalid as it has no legitimate aim and it should be invalidated
immediately.
(b) The order passed by the Odisha government is invalid as it has no suitable nexus with the restriction imposed
and it should be invalidated immediately.
(c) The order passed by the Odisha government is invalid as it has no necessity stage and it should be invalidated
immediately.
(d) The order passed by the Odisha government is invalid as it has not balanced out the restriction with the loss of
the right and it should be invalidated immediately.

30. Which of the following statement(s) is/are incorrect?


I. Judicial Review in India is governed by the principle of due process of law.
II. Constitutionality of the provision of law or the statute can be challenged by judicial review.
III. Administrative Tribunals also has the power of judicial review.
IV. Judicial review can only be done for the laws/statutes enacted by central government and not of state
government.
(a) Only II
(b) Both III and IV
(c) I, III and IV
(d) All of the above

©LegalEdge Tutorials Page 46 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
Passage (Q.31-Q.36): Failure of a doctor and hospital to discharge this obligation is essentially a tortious
liability. .But, there may be an occasion when the patient has died after the treatment and criminal case is filed
under Section 304A of the Indian Penal Code for allegedly causing death by rash or negligent act. The general
defence has also been provided under sec. 87-93 of the IPC. The four Ds in medical malpractice are duty, dereliction
(negligence or deviation from the standard of care), damages, and direct cause. Each of these four elements must be
proved to have been present, based on a preponderance of the evidence, for malpractice to be found.
When a doctor is consulted by a patient, the doctor owes to his patient certain duties which are: (a) duty of care in
deciding whether to undertake the case, (b) duty of care in deciding what treatment to give, and (c) duty of care in
the administration of that treatment. A breach of any of the above duties may give a cause of action for negligence
and the patient may on that basis recover damages from his doctor.
The test is the standard of the ordinary skilled man exercising and professing to have that special skill. A man need
not possess the highest expert skill: It is well established law that it is sufficient if he exercises the ordinary skill of
an ordinary competent man exercising that particular art. In the case of a medical man, negligence means failure to
act in accordance with the standards of reasonably competent medical men at the time. There may be one or more
perfectly proper standards, and if he confirms with one of these proper standards, then he is not negligent.
Source- Legal Desire, April 13, 2021

31. P had accidental injuries. He was brought to respondent hospital he was still conscious and coherent. While under
treatment, his condition deteriorated and thereafter, he was declared dead. In the preliminary report it was found
that after he got admitted, no investigation was initiated and no specialist was called by the hospital. The patient
was shifted to medicine ward, where he was attended a PG, 1st year student, who suggested baseline investigations
such as Lipid profile, X-ray Chest, ECG etc. but did not arrange to do the same. You are legal representative
appointed on behalf of his mother, who lost her only child. Under which of the following grounds will you be
facilitating justice for her?
(a) Will file a civil case for tortuous liability of hospital administration and ask for compensation
(b) Will file a criminal case for homicide under section 304 Part II, IPC and ask for punishment
(c) Will go for mediation under the supervision of court and facilitate her with compensation
(d) Will file a criminal case of negligence for the rash and negligent acts on part of hospital and ask for interim
compensation

32. What is/are the differences pertinent to medical negligence under criminal law and tort?
1. Under tort, the test is the standard of the ordinary skilled man exercising and profession to have special skill is
requisite test
2. Under criminal law, the medical negligence to go beyond the matter of compensation and the mental elements
of crime needs to be proved with principle of res ipsa loquiter
(a) only 1
(b) 1 & 2
(c) Only 2
(d) None of the above

33. Many a time the doctor will also be responsible vicariously, meaning thereby if his employee/servant rashly causes
the death of a patient. In that case, the employee as well the doctor will be liable due to the principle of ‘Vicarious
Liability’ under Tort law.
Which of the following circumstances illustrate the principle of vicarious liability?
1. When an outsider provider the wrong medication to the patients
2. When the staff does not maintain the basic hygiene on the hospital premises
3. When under the supervision of the surgeon, the juniors forget a cotton gauge in the stomach of the patient
(a) All of the above
(b) Only 1, and 3
(c) Only 2, and 3
(d) Only 3

©LegalEdge Tutorials Page 47 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
34. Ramesh recently got appointed as a junior resident doctor in a very reputed hospital. On a fateful night, an
emergency case arrived in the hospital, but due to unavailability of senior surgeon, he had to perform the surgery
of the person knowing the severity of the case. Fortunately, he got saved but he has to suffer with an infection in the
lungs due to some mistake on his part for six months.
Suppose you are judge at Sessions Court and the same case of negligence comes to your court. Give the judgment.
(a) He will not be liable as he has done the thing, which a profession like him would do in such circumstance
(b) Only hospital administration will be liable because it was negligence on their part and such reputed hospital is
not expected to be that lenient on their part
(c) Ramesh has to face medical and administrative inquiry as acted negligently knowing the fact that he could have
asked the hospital for requisite options at that time
(d) Hospital administration will be vicariously liable for the act done by their staff

35. Nowadays, the immoral and illegal acts of organ theft have become so common in the private hospitals. Patient A
came for the treatment for urinary tract infection in the private clinic of respondent doctor with a belief that he is
from a very reputed hospital and was working for the same at that time. Later, he came to know that his one kidney
is missing. He filed a case against the hospital administration. An inquiry was set up by the court, which came to
the conclusion that a group of 2-3 doctors were privately indulging in these kinds of acts. Hospital administration
came to you for legal advice. Which of the following is/are the pertinent advice you would give to them?
1. The hospital will not be liable for negligence in any case as the respondent doctor was indulging in private
practice and the administration can take the defence of ignorance of fact
2. The hospital administration can file a criminal case of forgery, cheating against the doctors
3. The hospital administration can file a case of defamation against the kins of P
(a) Only 1
(b) 1 and 3
(c) 2 and 3
(d) 1 and 2

36. On March 6th, 63 children died in a government district hospital due to lack of oxygen supply. Dr. Sunil Prasad
tried his level best to save the lives of the children in his capacity, though he was not the nodal officer of the same
ward. It was established that he brought this fact in the knowledge hospital administration. A criminal case of
medical negligence is filed against him. Legally analyse the case.
(a) He is not liable as he has not done any wrong and acted prudently and moreover, he was not the in-charge of
the ward
(b) He is liable as he, being the medical practitioner, should have taken specific care, which is in ordinary
circumstances require
(c) Hospital administration and state is liable as despite his warning the authority has not taken any precautionary
measures
(d) Both the hospital and doctor are vicariously liable for the criminal negligence

©LegalEdge Tutorials Page 48 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
ANSWER KEY & EXPLANATIONS - Sectional Test (Legal Reasoning)
1. (c) In Senior Intelligence Officer vs Jugal Kishore 9. (c) If the material in the preliminary investigation
Sharma (2011), the Supreme Court allowed the discloses prima facie a commission of the offence
accused’s lawyer to watch the proceedings from a alleged, the FIR will be lodged and the criminal
distance or from beyond a glass partition, but said proceedings will be put in motion In the present
“he will not be within the hearing distance and it case, since the result of the preliminary enquiry
will not be open to the respondent to have proves a prima facie commission of crime the Police
consultations with him in course of the shall register the FIR
interrogation Thus, consultations in particular are 10. (b) The requirement of preliminary enquiry is only
not allowed and the presence of the lawyer could desirable and not a mandatory condition Therefore,
be allowed to safeguard the interests of the accused in the present case where Police believes that there
2. (b) The Supreme Court judgment in the D K Basu case is enough material for prima facie commission of
difficulties in detection of crimes, especially in cases crime there shall not be a need for preliminary
of hardcore criminals, and ruled that a lawyer enquiry.
cannot be permitted to remain present throughout 11. (b) Contention of Manu is not correct as the state order
the interrogation In the present case, if the appeal is was not violating the right to freedom of religion
allowed then the intention of preventing the under Article 25 and was passed on reasonable
consultation between an accused and their lawyer grounds of public health at times of COVID-19.
would be defeated, as the accused is allowed such a 12. (a) Mehbooba has not converted to Islam to get extra
consultation although with breaks in between legal rights after such conversion, but only for the
3. (d) No person can be denied the right to consult a purpose of getting married to Mehboob. The right
counsel Court has the discretion to allow a lawyer of Mahr is the consequence which flows from such
to meet the accused but when interrogation is not in conversion and has to be given effect as matter of
process Lawyer’s presence is not allowed during right.
the interrogation so that police do not face 13. (c) Right to Conversion is not covered under Article
difficulty in detection of crime of the accused which 25 of the Constitution unlike Article 19 covers both
might further aid the adjudication of guilt Allowing right to speech and right to remain silent as
a lawyer to view the interrogation through a glass negative rights. It cannot be claimed as a matter of
does not derogate the objective of the interrogation right under part III.
as the lawyer cannot hear the interrogation and 14. (d) Conversion by way of misrepresentation/coercion
cannot consult with the accused during the are illegal and not valid. Thus conversion of Rahul
interrogation is invalid as it was by way of misrepresentation and
4. (c) Article 22 of the constitution mandates that an cannot be given validity under any law.
accused be given a right to be defended by a legal 15. (d) Forceful conversions from one religion to another
practitioner of their choice which includes the right and disrespecting the symbols of national unity are
to consult a lawyer In the present case, by not
not protected under Article 25-28 of part III of the
allowing Zafar to meet his lawyer, Police is
Constitution. In I and II situation, there is practice
curtailing his fundamental right and thus the
and promotion of one’s religion and there is no
petition before the high court shall be allowed
violation of right to freedom of propagating
5. (a) The Supreme Court judgment in the D K Basu case
religion, thus can be covered under Article 25-28.
difficulties in detection of crimes, and ruled that a
16. (a) The state government order restricting the use of
lawyer cannot be permitted to remain present
chicken meat for the purpose of making Biryani is
throughout the interrogation In the present case,
not reasonable and it does not passed the test of
even in the given circumstance, such an appeal
proportionality as it is made for the period of one
cannot be allowed by the court as this would render
the purpose of the interrogation futile year and violates the right under Article 19(1)(g). It
6. (b) Statement and the information so received during is invalid.
the course of discrete enquiry shall be only for the 17. (b) The order passed by the government of India is
purpose to satisfy and find out whether an offence both reasonable and has nexus with the prevailing
is disclosed Therefore, in the present case, the conditions. The right under Article 19 is not an
information received from Shahdab during such absolute right but limited to public order. And
enquiry shall not be used for the purpose of hence in lieu of public health, the order imposing
proving charges against him restriction is reasonable and do not violates the
7. (b) In the cases of corruption, a preliminary enquiry is right under Article 19.
desirable so that it can be ascertained that the 18. (d) The order passed by the government of India
complaint is vexatious or there is prima facie restricting the non-residents of India from earning
material to prove commission of crime Therefore, agriculture income is unreasonable but is not
Police can conduct a preliminary enquiry and violative of right of Asif under Article 19 as right
proceed with filing an FIR only when there is a under Article 19(1)(g) is only available with the
prima facie case of commission of crime citizen of India and not with non-citizen. Thus Asif
8. (b) Self explanatory cannot claim such right which is not available with
him.

©LegalEdge Tutorials Page 49 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
19. (d) The order passed by the government of India 28. (a) The order passed by the Maharashtra government
restricting the sleeping hours and working hours of is valid because it has passed with legitimate aim to
each individual is not reasonable. It has a legitimate stop frauds and scams. It is necessary step to
aim, but there is no reasonable nexus, necessity for mandate disclosure of account details of each
action and neither the order was proportional to the company and thus it has suitable nexus with the
aim. Thus it has to be struck down. restriction. And finally it balance out the restriction
20. (c) Fundamental Rights are enshrined under part III of with loss of right as it is for saving the loss of
the Constitution and are subject to restrictions as money invested by shareholders in these
they are not absolute. For article 19(1), reasonable companies. Also, right to privacy can be claimed by
restrictions are given under article 19(2) to 19(6). individuals as persons and company is an artificial
But the reasoning flows from R to A and not A to R. person.
Note: The answer would be (a) in case A and R 29. (c) The order passed by the Odisha government is
statements have been used interchangeably i.e passed with no necessity as there are other
reasoning will flow from R to A. alternatives available with the government for
21. (d) The marriage of Ilham is not valid as it was done in recording such cases of COVID-19. The measure
contravention to PCMA and PCMA has an was not appropriate and the restriction on privacy
overriding effect over the Muslim personal law. rights should be restored back by invalidating the
The above options are not appropriate in terms of order.
correct reasoning. 30. (c) Judicial review in India is challenged by the
22. (b) The marriage between Rahul and Pushpa is void principle of procedure established by law and
and it amounts to offence under both IPC, for administrative tribunals have no power of judicial
having non-consensual sexual intercourse with review. Also judicial review can be for challenging
Pushpa, and PCMA for marrying her before age of the constitutionality of both central and state acts.
18 years. 31. (d) As it is proved by the facts that the hospital admin
23. (d) The marriage between Ibadat and Kamal is void was negligence on their duties, hence they are liable
under PCMA act and not under POCSO Act. Also, for medical negligence and the appropriate and
it is nowhere mention in the facts whether Ibadat is speedy ground for providing justice to her mother
a Muslim girl or not, so we cannot say anything would be to file a case for negligence before court
about the validity of marriage under Muslim and ask for compensation as she lost her only
personal law. breadwinner of her family
24. (a) The marriage between Roshan and Rakhi is void as 32. (b) the tortuous liability can be raised when there is
Rakhi is below the age of 18 years and amounts to negligence on the part of the defendant to use the
offence under PCMA. Also Roshan had forced her ‘ordinary skills’ that is required for that purpose;
to get into sexual intercourse with him. It amounts but in criminal law, medical negligence can be
to offence under IPC. The fact that she was a proved when the facts and circumstance are such
prostitute does not make the non-consensual act of that normal compensation under civil law would
sexual intercourse with Roshan a valid one. not do appropriate justice
25. (b) Section 494 of IPC which deals with the offence of 33. (d) the doctor is vicariously liable for the act/s, which
Bigamy but Muslim personal laws still finds is/are done under his supervision, direct or
provisions for valid polygamous marriages. This is indirect. Maintain hygiene is the job of hospital
because the personal laws are immune from administration. And, outsider is not the servant or
constitutional scheme and special laws always agent of doctor
prevail over the general laws. So, reason is incorrect 34. (c) In whatever circumstances, the medical personnel
and not hence does not form correct explanation of are obliged to do what a person of the same
assertion. profession with ordinary skill would have done. In
26. (b) The order passed by the UP government is invalid this case, he acted in good faith but he was under
as it was passed out of no necessity. Though there obligation to inform the administration
is legitimate aim of stopping anti-defection and 35. (d) the defences that the hospital can take, is asked. As
there was reasonable nexus of order with the hospital was unaware of the fact that some of its
infringement of right, but no necessity as such. doctors were indulging in these practices and
There are other alternative methods available to hence, hospital can take the defence of ignorance of
restrict anti-defections. fact. It can also file case against the wrongdoers for
27. (d) The order passed by the state government of cheating. But it cannot file a defamation case as the
Rajasthan is not valid and should be invalidated as kins, who filed the case, were in belief that hospital
it has not passed the test of balancing out the was indulging in such wrong.
restriction on right to privacy and its loss. Here the 36. (a) Dr. Sunil was not even the in-charge of that ward
name of rape victim should not be disclosed as but he acted in good faith and best of his capacity.
matter of her right and the restriction on such Hence, He will not be held liable for acting
privacy does not balance out the loss she will suffer prudently
from the society and it should be protected. Thus,
order should be invalidated.

©LegalEdge Tutorials Page 50 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
Sectional Test (Current Legal Knowledge)

Directions: Answer the following current legal knowledge question:


1. Recently which among the people launched the limited edition coffee table book “Lalit Bhasin – A Lifetime
dedicated to Law”, biography of Dr. Lalit Bhasin president of the Bar Association of India?
(a) Prashant Bhushan (b) Fali. S Nariman
(c) Gopal Sankarnarayan (d) Kapil Sibbal

2. Which amongst the following Supreme Court judges recently launched Supreme Court e-committee website?
(a) Justice Arun Mishra (b) Justice Deepak Gupta
(c) Justice Indu Malhotra (d) Justice DY Chandrachud

3. The Delhi High Court has imposed a stay on the broadcast of which of the following news channel for propagating
communal tensions?
(a) India Today (b) Republic TV
(c) Sudarshan TV (d) NDTV

4. Which of the following states is not one of the six states who have filed review petitions challenging Supreme
Court’s decision to postpone the NEET & JEE Exams?
(a) Uttar Pradesh (b) Maharashtra
(c) Rajasthan (d) Odisha

5. Who has been appointed by the Karnataka High Court as the Claims Commissioner to estimate the property
damage in Bangalore Riots?
(a) Justice S.A Kanan (b) Justice HS Kempanna
(c) Justice Sujoy Rawat (d) Justice P.R Madhavan

6. Airport Authority of India (AAI) has assured the Kerala High Court that which of the followings may constitute as
an optional requirement only for domestic travel?
(a) Hand Sanitizers (b) Face Mask
(c) Arogya Setu app (d) Aadhar Card

7. In a recent PIL filed in the Madras High Court, the petitioner has sought a ban on which of the online games?
(a) PUBG (b) Online Rummy
(c) Ludo King (d) None of the above

8. The Calcutta High Court had recently initiated a contempt proceeding against a law firm for uploading a
screenshot of the virtual court hearing without the court’s permission on which of the following social networking
site?
(a) Facebook (b) Twitter
(c) Whatsapp (d) LinkedIn

9. Which of the former Supreme Court judge has passed away?


(a) Justice R.K Agarwal (b) Justice A.K Goel
(c) Justice A.K Sikri (d) Justice AR Lakshmanan

10. Which of the following High Courts has reiterated the same – sex relations, personal autonomy and the self –
determination rights of the LGBTQ Community?
(a) Bombay High Court (b) Odisha High Court
(c) Calcutta High Court (d) Jammu and Kashmir High Court

11. Which of the following High Courts has pronounced that the court cannot frame guidelines to regulate media?
(a) Delhi High Court (b) Calcutta High Court
(c) Kerala High Court (d) Odisha High Court

©LegalEdge Tutorials Page 51 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
12. The Legal Services Authority of which of the states has organised its first e-Lok Adalat amid COVID-19?
(a) Maharashtra (b) Jammu and Kashmir
(c) Odisha (d) Andhra Pradesh

13. National Green Tribunal has asked Central Pollution Control Board to submit an action taken report against
manufacturers and e-commerce websites who use 'excessive plastic packaging material'. Which of the following is
not one of the companies against under this purview?
(a) Flipkart (b) Amazon
(c) Indian Railway Catering & Tourism (d) Nestle

14. The High Court of which of the following states has directed its state government to implement the provisions of
the Mental Healthcare Act, 2017?
(a) Odisha (b) Manipur
(c) Telangana (d) Allahabad

15. The president of India has recently dismissed a petition seeking disqualification of which of the following Rajya
Sabha MP on the ground of holding ‘Office of Profit’?
(a) Derek O Brien (b) V. Vijayasai Reddy
(c) T. G. Venkatesh (d) Y. S. Chowdary

16. Rajya Sabha has passed Insolvency and Bankruptcy Code (Second Amendment) Bill, 2020, under which the
Corporate Insolvency Resolution Process shall temporarily suspend for a period of ____
(a) 6 months (b) 9 months
(c) 10 months (d) 1year

17. Parliament has passed Institute of Teaching and Research in Ayurveda Bill, 2020. According to the bill, how many
Ayurveda institutes in Gujrat will be merged to form a single institute of National importance?
(a) 2 (b) 3 (c) 4 (d) 5

18. Which of the following High Courts has launched the official website for Middle Income Group Legal Aid Society
to introduce remote legal assistance and open new avenues to access of justice?
(a) Gujrat High Court (b) Odisha High Court
(c) Karnataka High Court (d) Allahabad High Court

19. Which of the following State government has moved to the High court in order to quash CBI FIR in ‘Life Mission’
case?
(a) Andhra Pradesh (b) Odisha
(c) Telangana (d) Kerala

20. The Government has frozen the bank accounts of which of the following International Organisation on the
allegations of Money laundering, resulting in the halt of all the operations of the organisation in India?
(a) Commonwealth Human Rights Initiative (b) Amnesty International
(c) Ford Foundation (d) None of the above

21. National Green Tribunal has issued guidelines categorizing which of the followings as carrying the potential to
damage environment?
(a) Poultry farms (b) Cow slaughter houses
(c) Bird sanctuaries (d) Zoos

22. National Green Tribunal has asked to halt the construction of the High Court and Vidhan Sabha of which of the
following states for not having Environmental Clearance?
(a) Madhya Pradesh (b) Jharkhand
(c) Chhattisgarh (d) Maharashtra

©LegalEdge Tutorials Page 52 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
23. Which of the following countries has voted to downsize the number of MPs in its national Parliament by 30 %?
(a) Italy (b) Germany
(c) Peru (d) Austria

24. Actor Johnny Depp has lost libel suit against which of the following UK Newspaper for calling him a ‘wife-beater’?
(a) The Guardian (b) The Sun
(c) The Independent (d) The Telegraph

25. Which of the following Arbitration tribunal/centres has ordered an interim injunction against Reliance Industries
Ltd’s acquisition of some entities of Future Group?
(a) London Court International Arbitration
(b) Permanent Court of Arbitration
(c) Hong Kong International Arbitration Centre
(d) Singapore International Arbitration Tribunal

26. The Supreme Court which of the following state of the United State of America has struck down the statutory
requirement of persons convicted of sex offences to carry an identification card specifying ‘sex offender’?
(a) Pennsylvania (b) Nevada
(c) Louisiana (d) Michigan

27. According to the report submitted by the Central Pollution Control Board, which of the two entities have been
served with show cause notice for the closure of their operations for flouting plastic waste Management Rules?
(a) Amazon and Swiggy (b) Flipkart and Amway
(c) Flipkart and Nestle (d) Flipkart and Patanjali

28. The Environment Ministry has sought to implement Graded Response Action Plan (GRAP) wherein which of the
following items has been banned from 15th October?
(a) Diesel Generators (b) Coal engines in factories
(c) Kerosene lamps (d) Fire Crackers

29. The Delhi High Court has restrained which of the following companies from enforcing anti-suit injunction order
passed by Wuhan Intermediate People's Court against Interdigital Technology Corporation?
(a) Xiaomi (b) Alibaba (c) Vivo (d) Ebay

30. Which of the following High Courts has recently ruled that the Arms license cannot be used as status symbol ?
(a) Orissa High Court (b) Gauhati High Court
(c) Allahabad High Court (d) Himachal Pradesh High Court

31. The Delhi Government via a circular has mandated the use of AarogyaSetu app by which of the vendors?
(a) Wholesale Liquor vendor (b) Firecracker vendors
(c) Medical shop owners (d) Both a & b

32. The Delhi High Court has stayed the direction of Food Safety and Standards Authority of India prohibiting the
blending of which of the following oil?
(a) Mustard Oil (b) Sunflower oil
(c) Coconut oil (d) None of the above

33. The cabinet of which of the following nations has approved instating death penalty as the maximum punishment
for those convicted of rape and sexual assault?
(a) South Africa (b) Bangladesh
(c) Vietnam (d) South Korea

34. The Gauhati High Court has stayed the Nagaland government decision to ban which of the following items?
(a) Beef (b) Dog meat
(c) Hilsa fish (d) Fish oil
©LegalEdge Tutorials Page 53 of 64
Replication or other unauthorized use of this material is prohibited by the copyright laws of India
35. Which of the following governments has designated one court in each district as ‘Human Rights Court’?
(a) Madhya Pradesh (b) Maharashtra
(c) Gujrat (d) Delhi

36. Which of the following State Legal Service Authority has become the first Legal service Authority in the Northern
region to conduct first Online Refresher Training Program for Mediators?
(a) Haryana State Legal Service Authority
(b) Delhi State Legal Service Authority
(c) Rajasthan State Legal Service Authority
(d) Jammu and Kashmir State Legal Service Authority

37. Which of the following High Courts has made it mandatory for the parties to engage a local advocate while
instituting a case?
(a) Bombay High Court (b) Madhya Pradesh High Court
(c) Guwahati High Court (d) Chhattisgarh High Court

38. Kerala High Court has upheld the constitutionality of ‘Reverse Burden of Proof’ under which of the following acts?
(a) SC/ST Act
(b) Protection of Children from Sexual Offences (POCSO) Act
(c) Special Marriages Act
(d) Both a & b

39. As per the notification of the centre, which of the following will now be covered within the purview of Ministry of
Information and Broadcasting ?
(a) Online news portals (b) Digital/Online media
(c) Uncertified movies (d) Both a & b

40. Competition Commission of India has directed an investigation against which of the payment service provider for
abusing its dominant position?
(a) Paytm (b) Google Pay (c) BHIM (d) Phonepe

41. State Assembly of which of the following states has passed three farm bills to negate the impact of Centre’s farm
laws?
(a) Maharashtra (b) Rajasthan (c) Karnataka (d) Telangana

42. The parliament of which of the following countries has approved the landmark bill to provide free period
products?
(a) Mexico (b) Bangladesh
(c) France (d) Scotland

43. Which of the following countries has banned adoption for same – sex couples?
(a) Hong Kong (b) Republic of Congo
(c) Hungary (d) Zimbabwe

44. Madhya Pradesh Dharmik Swatantrata (Freedom of Religion) Bill 2020 seeks to regulate inter-faith marriages in the
state. The law has come under sharp criticism from several legal scholars who had contended that the concept of
‘love jihad’ did not have any constitutional or legal basis. Which of the fundamental freedoms are said to have been
infringed by the proposed law?
(a) Right to Life under Article 21
(b) Right to Freedom of Religion under Article 25
(c) Right to Equality under Article 14
(d) Both (a) and (b)

©LegalEdge Tutorials Page 54 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
45. Roshni Act, enacted in 2001, sought to regularise unauthorised land. The government said the revenue generated
would be spent on which of the following?
(a) For commissioning hydroelectric power projects.
(b) The transfer of ownership rights of state land to its occupants.
(c) To give ownership rights of agricultural land to farmers occupying it for free.
(d) None of the above.

46. The Guwahati High Court has ordered a composite floor test in Assam’s autonomous Bodoland Territorial Council
[BTC] on or before December 26. Which of the following schedules envisages the BTC?
(a) Sixth Schedule (b) Seventh Schedule
(c) Fifth Schedule (d) Third Schedule

47. In Sumedh Singh Saini v. State of Punjab and another, a three Judge Bench of the Apex Court have been forthright
in observing that a long delay in lodging FIR can be a valid consideration for grant of anticipatory bail. Who among
the following was not a part of the Bench who delivered the judgement?
(a) Justice Ashok Bhushan (b) Justice R Subhash Reddy
(c) Justice MR Shah (d) Justice Chandrachud

48. In which of the following cases did the Supreme Court directed the Centre to facilitate the return of 36 foreigners
who were acquitted in the Tablighi Jamat Incident?
(a) Smt. Vasantha v. UOI
(b) Broadway Enterprises v. S.K.Bhalla
(c) Maulana Ala Hadrami&Ors v. UOI
(d) Roopa Hurra v. Ashok Hurra

49. In a recent attempt of encouraging Pakistani women to pursue education, which of the following countries have
introduced Malala Yousafzai Act?
(a) United States of America (b) New Zealand
(c) Germany (d) Canada

50. Which of the bank has announced the Legal Identifier system ?
(a) State Bank of India (b) Reserve Bank of India
(c) Punjab National Bank (d) ICICI Bank

©LegalEdge Tutorials Page 55 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
ANSWER KEY & EXPLANATIONS- Sectional Test (Current Legal Knowledge)
1. (b) A pictorial biography of the life and times of Dr forcibly taken away by her mother and uncle, who
Lalit Bhasin, President of the Bar Association of objected to the relationship. A Bench of Justices SK
India and the Society of Indian Law Firms, was Mishra and Savitri Ratho allowed the plea moved
launched on Saturday by Senior Advocate, Fali S for her release after referring to various judgments
Nariman. Covering eight decades, the coffee table by the Supreme Court.
book provides a comprehensive understanding of 11. (c) The Kerala High Court dismissed a PIL petition
India’s legal society apart from chronicling Dr moved by a lawyer who sought for the framing of
Bhasin’s life from his playschool days in pre- guidelines to regulate print and electronic media
partition Rawalpindi. (Halvi KS v. State of Kerala and ors). The lawyer-
2. (d) Sitting judge of the Supreme Court Justice DY petitioner had raised concern over the rise in
Chandrachud today launched the Supreme Court e- unresearched news, targeted reporting of
committee's new website. In his inauguration sensational news, and the vilification of public and
address, Justice Chandrachud termed the e- political functionaries without factual basis.
committee initiative a citizen-centric project aimed 12. (b) Amid restricted judicial functioning owing to
at giving citizens all information on the e-initiatives COVID-19 outbreak, the Jammu and Kashmir Legal
taken by courts across the country. Services Authority organized its first e-Lok Adalat
3. (c) The Delhi High Court today refused to lift its stay through video conference using different digital
on Sudarshan TV's broadcast on Muslim platforms on August 22, Saturday.
"infiltration" in government services (Syed Mujtaba 13. (d) The order was passed in two original applications,
v. UOI &Ors). Sudarshan TV moved the High seeking enforcement of 'Extended Producer
Court for vacation of stay in light of the Supreme Responsibility' under the Plastic Waste
Court order refusing to grant any such relief against Management Rules, 2016 vis-à-vis the following
the broadcast. Respondent-companies are – Amazon, Flipkart,
4. (a) A review petition has been against the Supreme Coca-Cola India, Hindustan Coca-Cola Beverages,
Court's August 17 judgment dismissing pleas PepsiCo India, Bisleri International, Parle Agro,
seeking to postpone the conduct of this year's Patanjali Peya, Nourish CoBeverages Ltd.
National Eligibility cum Entrance Test (NEET) and (Himalayan Water), Indian Railway Catering &
Joint Entrance Examination (JEE) in view of the Tourism.
COVID-19 pandemic. The plea has been filed by six 14. (b) The Manipur High Court on Tuesday (01st
Cabinet Ministers from the opposition-ruled states September) directed the State Government to
of West Bengal, Jharkhand, Chhattisgarh, implement the provisions of the Mental Healthcare
Rajasthan, Punjab and Maharashtra. Act, 2017 and establish the necessary
5. (b) The Karnataka High Court today appointed its infrastructures expeditiously.
former judge, Justice HS Kempanna as Claims 15. (b) The President of India has held that V. Vijayasai
Commissioner to estimate the damage caused to Reddy, Member of Parliament (Rajya Sabha) from
property during the Bangalore Riots that took place Andhra Pradesh, has not incurred disqualification
on August 11. for being a Member of Parliament (Rajya Sabha)
6. (c) A petition has been moved in the Kerala High under article 102(1) (a) of the Constitution of India.
Court challenging directions requiring the 16. (d) The Rajya Sabha today passed the Insolvency and
mandatory installation of the AarogyaSetu app for Bankruptcy Code (Second Amendment) Bill, 2020,
domestic air travel (Jackson Mathew v. Union of by voice vote. The Bill, already in force as an
India and Ors.). Ordinance, seeks to amend the IBC Code 2016 and
7. (b) A PIL petition has been moved in the Madras High temporarily suspend initiation of the Corporate
Court seeking a ban on Online Rummy games in Insolvency Resolution Process (CIRP), for a period
which foreign companies have a stake, and for the of one year.
Indian Government to regularise Online Rummy 17. (a) Parliament passed the Institute of Teaching and
where no such stake is there (M Vinoth v. UOI and Research in Ayurveda Bill, 2020 with approval from
ors). Rajya Sabha on September 16, 2020. The bill seeks
8. (d) The publication of a LinkedIn post containing a to establish an Institute of Teaching and Research
screenshot of a virtual court hearing that was taken (IoTR) in Ayurveda. The bill also proposes to
without the Court's permission had led the Court to declare the IoTR as an Institute of National
initiate contempt proceedings. importance. The bill proposes to merge three
9. (d) Former judge of the Supreme Court, Justice AR Ayurveda institutes situated in Jamnagar, Gujarat
Lakshmanan breathed his last early this morning at into one.
Kavery Hospital in Tiruchirappalli. He was 78 years 18. (d) The Allahabad High Court has today launched the
old.It is reported that a sudden cardiac arrest was official website of the Allahabad High Court’s
the cause of his demise. Justice Lakshmanan served Middle Income Group Legal Aid Society with a
at the Supreme Court from December 20, 2002, to view to introduce remote legal assistance and open
March 21, 2007. new avenues to access of justice.
10. (b) The Orissa High Court on Monday came to the aid 19. (d) The Kerala Government has approached the High
of a transgender person whose live-in partner was Court of Kerala against the FIR registered by the

©LegalEdge Tutorials Page 56 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
Central Bureau of Investigation alleging violations manufacturers and e-commerce websites who use
of the Foreign Contribution Regulation Act in 'excessive plastic packaging material'.
relation to the 'LIFE Mission' project. The plea seeks 28. (a) Stating that the air quality in Delhi NCR has
to quash the FIR registered by the central agency on "slipped into the 'Poor' category", the Environment
September 24 to the extent it relates to public Pollution (Prevention and Control) Authority
servants under the government. (EPCA) has prohibited the use of diesel generator
20. (b) The Government of India has freezed all the bank sets in the area, from October 15. The order is
accounts of Amnesty International India on the applicable in Delhi and other NCR towns of
allegations of money laundering and suspected Ghaziabad, Noida, Greater Noida, Faridabad and
violations of Foreign Contribution Regulation Act. Gurugram.
Consequently, the human rights organization has 29. (a) The Delhi High Court, has restrained Chinese
been forced to suspend its operations and let go of electronics giant, Xiaomi from enforcing an anti-suit
its staff in India. injunction order passed by Wuhan Intermediate
21. (a) The National Green Tribunal has ordered the People's Court against Interdigital Technology
Central Pollution Control Board to revisit its Corporation. The order of the Wuhan Court,
guidelines categorizing poultry farms with less directly negates the jurisdiction of this Court, and
than one lakh birds in the "green category" and infringes the authority of this Court to exercise
exempting their regulation under the Water jurisdiction in accordance with the laws of this
(Prevention and Control of Pollution) Act, 1974, Air country, Justice C. Hari Shankar observed in the
(Prevention and Control of Pollution) Act, 1981 and interim order.
the Environmental Protection Act, 1986. 30. (d) Arms Licences cannot be granted to be used as
22. (b) The National Green Tribunal (NGT) Principal status symbol, observed the High court of
Bench on Wednesday (09th September) directed the Himachal Pradesh while directing the authorities to
Jharkhand Government to stop all on-going review all the Arms Licences granted by them. The
construction work (not having Environmental bench comprising Justices Tarlok Singh Chauhan
Clearance) and to take action against authorities in and Jyotsna RewalDua observed thus while
Jharkhand for allowing the construction to take dismissing a petition filed by a person against
place without prior Environmental Clearance (EC). cancellation of his two Arms Licences
23. (a) The law was first proposed in 2019 as a cost-saving 31. (a) The Delhi Government on Tuesday issued a
measure by the populist Five Star Movement Circular directing all wholesale liquor vends in
political party. While it was approved by both national capital to ensure mandatory use of
houses of parliament in October, the Italian AarogyaSetu app by their staff.
constitution mandates a nationwide vote before the 32. (a) Delhi High Court has stayed the directions issued
ratification of any law that amends the constitution. by the Central Government to the Food Safety and
24. (b) High profile Hollywood actor Johhny Depp has lost Standards Authority of India prohibiting the
his libel suit filed against UK newspaper 'The Sun' blending of mustard oil. The order has come in a
for calling him a 'wife-beater'. The Queen's Bench writ petition moved by BR Oil Industries Limited
Division of the London High Court dismissed the challenging the directions issued by the Central
suit filed by Depp holding that the article published Government to prohibit the blending of mustard oil
by 'The Sun' was 'substantially true'. with other vegetable oils.
25. (d) The Singapore International Arbitration Tribunal 33. (b) Bangladesh’s Cabinet has approved instating the
on Sunday injuncted Reliance Industries Ltd's death penalty as the maximum punishment for
acquisition of some Future Group entities for those convicted of rape and sexual assault.
Rs.24,713 crores on a plea for the same by Amazon Previously, a life sentence served as the maximum
Inc. Amazon had approached the Tribunal invoking punishment a convicted person could receive.
the provision for Interim and Emergency Relief 34. (b) The Gauhati High Court (Kohima Bench) has
provided for under Rule 30 of the Singapore stayed the Nagaland Government's decision dated
International Arbitration Centre Rules, 2016. 04.07.2020 to ban the commercial import and trade
26. (c) The Louisiana Supreme Court has struck down the of dog meat and commercial sale of dog meat in
statutory requirement of making persons convicted markets and dining in restaurants. The Bench of
of sex offenses carry an identification card branded Justice S. HukatoSwu issued the interim stay after
with the words "Sex Offender'. While upholding the the State Government failed to file a reply.
Trial Court ruling, the Court (2:1 majority) held that 35. (d) The Department of Law, Justice and Legislative
this requirement constitutes compelled speech and Affairs of the Delhi Government has issued a
does not survive a First Amendment strict scrutiny notification to designate the court of Additional
analysis and therefore unconstitutional. Sessions Judge-02 in each District in the National
27. (d) While submitting a report before the National Capital Territory of Delhi as a Human Rights Court.
Green Tribunal (NGT), the Central Pollution 36. (a) In another first by Haryana State Legal Services
Control Board (CPCB) has stated that show-cause Authority after initiation of e-Lok Adalat, e-
notices have been issued To Flipkart and Patanjali Mediation, Daily e-Lok Adalat in the State of
Peya for the closure of their operation and levying Haryana, HALSA, is conducting online refresher
environment compensation. Report pertains to the training programme for the Mediators. First online

©LegalEdge Tutorials Page 57 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
training programme in Northern Region was Under the new legislation, adoption will only be
inaugurated by Executive Chairperson, HALSA, legal for same-sex couples if one partner applies as
Mrs. Justice Daya Chaudhary, Judge, Punjab and a single person. The legislation will only recognize
Haryana High Court, Chandigarh. families between married partners where the
37. (b) The Madhya Pradesh High Court has issued a mother is a female, and the father is male.
notice making it mandatory for "a party, engaging 44. (d) The law has come under sharp criticism from
an advocate not stationed at Jabalpur, Indore or several legal scholars who had contended that the
Gwalior in a case instituted at such place, to also concept of ‘love jihad’ did not have any
engage a local advocate." constitutional or legal basis. They have pointed to
38. (b) In a notable judgment, the Kerala High Court has Article 21 of the constitution which guarantees
upheld the constitutional validity of Sections 29 and individuals the right to marry a person of one’s
30 of the Protection of Children from Sexual choice. Also, under Article 25, freedom of
Offences Act(POCSO Act) which creates a reverse conscience, the practice and conversion of religion
burden of proof on the accused. A single bench of of one’s choice including not following any religion,
Justice Sunil Thomas rejected the arguments that are also guaranteed.
these provisions violated fundamental rights under 45. (a) The Act envisaged the transfer of ownership rights
Articles 14, 20(3) and 21 of the Constitution of of state land to its occupants, subject to the
India. payment of a cost, as determined by the
39. (d) The Centre has issued an order for bringing online government. The government said the revenue
news portals and Digital/Online media under the generated would be spent on commissioning
Ministry of Information and Broadcasting. A hydroelectric power projects, hence the name
gazette notification issued by President Ram Nath “Roshni”.
Kovind stated that “films and audio-visual 46. (a) The Gauhati High Court has ordered a “composite
programmes made available by online content floor test” in Assam’s autonomous Bodoland
providers” and “news and current affairs content Territorial Council (BTC) on or before December 26.
on online platforms” would be brought under the The BTC falls under the Sixth Schedule of the
heading “Ministry of Information and Constitution and the governor is its constitutional
Broadcasting”. head.
40. (b) The Competition Commission of India has ordered 47. (d) In Sumedh Singh Saini vs State of Punjab and
investigation against Google Pay for alleged abuse another, a three Judge Bench of the Apex Court
of dominant position. The Commission expressed a comprising of Justice Ashok Bhushan, Justice R
prima facie view that mandatory use of Google Play Subhash Reddy and Justice MR Shah have been
store's payment system for paid apps & in-app forthright in observing that a long delay in lodging
purchases restricts the choice available to the app FIR can be a valid consideration for grant of
developers to select a payment processing system anticipatory bail.
of their choice especially considering when Google 48. (c) The Supreme Court in Maulana Ala Hadrami&Ors
charges a commission of 30% (15% in certain cases) v. UOI has asked the Central government to assist
for all app purchases and IAPs. 36 foreigners in going back to their countries after
41. (b) the Rajasthan government on introduced three bills they were exonerated of all charges of flouting
in the Assembly to negate the impact of the farm Covid-19-related guidelines by participating in the
laws enacted by the Centre. Just 13 days after the Tablighi Jamaat congregation in Delhi’s
Punjab Assembly adopted a resolution against the Nizamuddin area.
Centre's farm laws and unanimously passed four 49. (a) The United States recently passed the Malala
bills and in effect countered the Centre's Yousafzai Act for Pakistani Women. The Act
contentious legislations, the Rajasthan Assembly requires the United States Agency for International
has passed 3 farm bills. Development (USAID) to award at least 50% of
42. (d) The Scottish Parliament approved a bill to make scholarship to Pakistani women between 2020 and
period products such as tampons and sanitary pads 2022.
freely accessible, becoming the first country in the 50. (b) The Reserve Bank of India recently announced the
world to do so. The Period Products (Free introduction of Legal Entity Identifier System. The
Provision) (Scotland) Bill, which passed Reserve Bank of India introduced the Legal Entity
unanimously, requires local authorities and Identifier system for all payment transactions of
education providers to ensure that period products fifty crores and above through NEFT (National
are available free of charge. Electronic Funds Transfer) and RTGS (Real Time
43. (c) The Hungarian government introduced legislation Gross Settlement).
that would ban adoption for same-sex couples.

©LegalEdge Tutorials Page 58 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
Legal ConTops 2021

ConTops guidelines
- ConTops (conceptual topics) are the list of 200 static as well as current legal topics to go through before CLAT
2021
- The idea behind this exercise is to help students prepare with concepts which are likely to be asked in CLAT 2021
- Students should read about 5-6 topics every day to grasp the basic concepts.
- Google searching and 4-5 minutes reading about the topic would be more than sufficient. Avoid researching the
topics in depth as it will only result in waste of time.
- There is no requirement of preparing notes, just reading and understand the topic would be more than sufficient.

25th US Amendment
3 Farm Laws
Acceptance and Revocation of Contract
Adultery in Armed Forces
Adultery- not an Offence but a valid ground for Divorce
Anti-Conversion Laws
Anti-Competitive Agreement
Anti-Defection Laws
Anti-Dumping Regime
Antitrust case against Google
Approach of Indian Judiciary on Marital Rape
Article 12 and bodies under Definition of State
Article 21 includes Right to Decent Burial
Bailable and Non-Bailable Offences
Bailment and Pledge
Basic concepts of Family Law
Basics of Adoption Laws and CARA
Bigamy
Bihar Police Bill 2021
Blasphemy Laws in India
Carlill v Carbolic Smoking Ball Co. and it's relevance in recent times.
Cheque Bounce
Child Marriages during Pandemic
Citizenship Amendment Act in light of Indian Constitution
Citizenship in India
Cognizable and Non-Cognizable offences
Collegium System
Concept of Copyright
Concept of Extradition
Concept of Floor Test
Concept of Lay off and Retrenchment
Concepts of Contract Law
Confinement during Pandemic (wrongful or rightful)
Consumer Protection Act

©LegalEdge Tutorials Page 59 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
Contempt of Court
Contract of service and Contract for service
Contributory Negligence
Covid-19 and Financial impacts
Crime against Property
Criminal Conspiracy
Cruelty- Section 498-A of IPC
Cyber Safety and Security of women
Damages in Breach of Contract
Death by Negligence
Death Penalty in India
Decriminalization of Section 377 IPC
Defamation Laws in India
Deficiency of service under Consumer Protection Act
Delay in Court Proceedings - Legal Victimization of Victims
Delegated Legislation
Development of Arbitration and Mediation regime in India
Directive Principle of State Policies
Disaster Management Act
Disposal of medical waste- Nuisance
Divorce and Judicial Separation
DNA Technology Bill
Doctrine of Last Opportunity
Doctrine of Rarest of Rare case
Double Jeopardy
Due process of law and Procedure established by law
E-Courts and E-filing
Election Commission of India
Electoral Bonds
Environmental Pollution
Euthanasia and concept of Living Will
Eve teasing and Sexual Offences against women
Expeditious disposal of Criminal Cases
Fake encounter: extra-judicial killing
Fake or deceptive advertisement
Financial Emergency under Article 360
Force Majeure or "Act of God" under Indian Contract Act
Freedom of Religion
Freedom of Speech and Expression and Reasonable Restrictions
Frivolous Litigation
Frustration of contract due to impossibility
Functioning and objective of National Green Tribunal
General Defences in Criminal Law

©LegalEdge Tutorials Page 60 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
Generic medicine and Patent Law
Grounds for Divorce
Guilt to be proven beyond reasonable doubt
Harassment of citizen by police on Covid 19 duty
Hostile witness
Human Rights violation of a Stateless Victim
Human Trafficking
Illegal Detention
Impeachment of President
In camera proceedings
India and International Court of Justice
India's take on providing asylum to Refugees
Infancy and Juvenile Justice (Care and Protection of Children) Act, 2000
Information Technology Act
Innocent until proven Guilty
Inquisitorial and Adversarial System of Law
Intention to contract
Joint Liability in Torts
Judicial Activism
Judicial Proceedings through video conferencing
Judicial Review
Karnataka Anti Cow Slaughter Law
Kerala Police Act
Lack of legal framework for Domestic Violence against Men
Latest judgement by S.C. on "Corrective voice from top court against stereotyping women".
Law and Fake news
Law of prevention of Animal Cruelty
Law to curb over-pricing of essential commodities during pandemic
Laws related to Maternity Leave in India
Legal Aid as a Fundamental Right
Legal Background of Budget
Legal framework behind Lockdown, Curfew, and Quarantine
Limited Liability Partnership
Lok Adalat and Lokayukta
Maintenance after Divorce
Major Port Authorities Bill, 2020
Malicious Prosecution
Medical Negligence
Medical Termination of Pregnancy Act
Mens Rea (state of mind) in Criminal Law
Misuse of Anti Dowry Law in India
Misuse of Sedition Law - Weakening of Democracy
Mob Lynching and Supreme Court’s suggestions

©LegalEdge Tutorials Page 61 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
Murder and Culpable Homicide
Narcotic Drugs and Psychotropic Substances Act
National and International regime on Human Rights
National Legal Service Authority of India
Negligence- Torts as well as Crime
Net Neutrality
Number of Judges in Supreme Court
Parliamentary v. Presidential Democracy
Partnership and Agency in contracts
Penal Provisions for enforcing Pandemic Laws
Penalty for default due to pandemic (school fees, rent, loan EMIs)
Permanent commission for women in Armed Forces
Personal Data Protection Laws in India
Place of Worship Act 1991
PM Relief Fund vs. CARES Fund
Polluter Pays Principle
Preventive Detention
Principle of Natural Justice
Private defence
Private Member Bill
Privileged Communication (doctor - patient)
Privity of Contract (Donoghue v. Stevenson)
Protection of Children from Sexual Offences (POCSO) Act
Quasi-Judicial bodies
Recent advancement in OCI
Recording of statement by witness
Res Ipsa Loquitor
Reservation in Educational Institutions and Jobs
Retributive and Restorative Justice
Retrospective laws
Review Petition
Right to Inheritance- Hindu women
Right of Children to Free and Compulsory Education
Right to Companionship but not Marriage for Same Sex Couples
Right to Counsel in Custody
Right to Equality
Right to Life
Right to Maintenance- issues and challenges
Right to Medical Treatment and Care
Right to Privacy as Fundamental Right
Right to Strike
Rights of Accused in Indian Legal System
Rights of LGBTQ community

©LegalEdge Tutorials Page 62 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
Rise in cases of Cyber Frauds amid lockdown
Rise in Domestic Violence cases in India
Rising cases of Sextortion in India
Roshni Act
RTI and Judiciary
RTI as part of Article 19(1)(a) of Indian Constitution
SC on Constitutional breakdown in Andhra Pradesh State
SC recent overview on Indira Shawney vs Union of India
Scotland Independence Referendum
Section 144 Cr.P.C. (Unlawful Assembly)
Section 269 IPC- Negligent act likely to spread infection of disease dangerous to life
Section 420 IPC- Cheating
Secularism in present times
Seizure of goods in transit under the GST laws
Self-Incrimination
Sexual harassment of women at work place and internal complaints committee
Shah Bano Begum judgement of Maintenance for Divorced Muslim Wives
Special Marriage Act 1954
Specific Relief
Strict and Vicarious Liability
Surrogacy Laws in India
Tax Fraud
The National Capital Territory of Delhi Act, 2020
Trademark in India
Transgender Rights and the controversy with the new law in India
Trespass
Trial by Media in criminal cases
Triple Talaq- Muslim Women (Protection of Rights on Marriage) Act, 2019
Type of Contracts
Undue Influence in Elections
Uniform Civil Code
Union v. Federal - Rights of States
Unlawful Assembly
Unsoundness of mind (Defence in Criminal law)
Unsoundness of mind (Incompetency in Contract law)
Uttar Pradesh Regulation of Urban Premises Tenancy Ordinance, 2021
Vicarious Liability of hospitals during Pandemic
Violation of Motor Vehicle laws
Vitiated Free Consent in contracts (Fraud, Misrepresentation, Undue Influence, Coercion and Mistake)
Warranty and Guarantee in Contract Law
WhatsApp chat as Admissible Evidence
Writs under Indian Constitution

©LegalEdge Tutorials Page 63 of 64


Replication or other unauthorized use of this material is prohibited by the copyright laws of India
©LegalEdge Tutorials Page 64 of 64
Replication or other unauthorized use of this material is prohibited by the copyright laws of India
Clat pdf 2021/22

CLICK ANYWHERE ON THIS PAGE AND


TUNE IN TO THE BEST CHANNEL ON
TLEGRAM FOR CLAT AILET AND
OTHER LAW ENTERANCE EXAMS
Why to join “Clat Pdf”
 Free guidance by nlus student
 Best reading material
 You may ask your queries
monthwise from nlu students
What Are you wating For Join Now!!

You might also like