Insta_Legal 2.

Rankers’ Study Material

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

MOST IMPORTANT TOPICS FOR LEGAL REASONING AND THEIR LUCID EXPLANATIONS

IMPORTANCE OF INSTA_LEGAL 2.0

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

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

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

HAPPY READING 😊

LIGHT POLLUTION AND MENTAL HEALTH ISSUES - LEGAL CHALLENGES AND WAY AHEAD
1. Light pollution is the presence of anthropogenic and artificial light in the night environment. It is exacerbated by
excessive, misdirected or obtrusive use of light, but even carefully used light fundamentally alters natural conditions.
2. As a major side-effect of urbanization, it is blamed for compromising health, disrupting ecosystems and spoiling
aesthetic environments.Over-illumination is the excessive use of light.
3. Medical research on the effects of excessive light on the human body suggests that a variety of adverse health effects
may be caused by light pollution or excessive light exposure, and some lighting design textbooks use human health
as an explicit criterion for proper interior lighting.
4. Health effects of over-illumination or improper spectral composition of light may include: increased headache
incidence, worker fatigue, medically defined stress, decrease in sexual function and increase in anxiety.
5. The realization of ‘light pollution’ is a recent discovery and for the most of the past history, the concept of over-
illumination as a form of pollution would have made no sense.
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LOK ADALAT AND LOKAYUKTA

1. Lok Adalat is one of the alternative dispute redressal mechanisms, it is a forum where disputes/cases pending in the
court of law or at pre-litigation stage are settled/ compromised amicably. Lok Adalats have been given statutory status
under the Legal Services Authorities Act, 1987. Under the said Act, the award (decision) made by the Lok Adalats is
deemed to be a decree of a civil court and is final and binding on all parties and no appeal against such an award lies
before any court of law.
2. If the parties are not satisfied with the award of the Lok Adalat, though there is no provision for an appeal against
such an award, but they are free to initiate litigation by approaching the court of appropriate jurisdiction by filing a
case by following the required procedure, in exercise of their right to litigate.
3. The persons deciding the cases in the Lok Adalats are called the Members of the Lok Adalats, they have the role of
statutory conciliators only and do not have any judicial role; therefore they can only persuade the parties to come to
a conclusion for settling the dispute outside the court in the Lok Adalat and shall not pressurize or coerce any of the
parties to compromise or settle cases or matters either directly or indirectly.
4. The Lok Adalat shall not decide the matter so referred at its own instance, instead the same would be decided on the
basis of the compromise or settlement between the parties.
5. Nature of Cases to be Referred to Lok Adalat
Any case pending before any court.
Any dispute which has not been brought before any court and is likely to be filed before the court.
Provided that any matter relating to an offence not compoundable (Non-compoundable means one which cannot be
compromised) under the law shall not be settled in Lok Adalat.
6. The Lokayukta is an anti-corruption ombudsman organization in the Indian states.Once appointed, Lokayukta cannot
be dismissed nor transferred by the government, and can only be removed by passing an impeachment motion by
the state assembly.
7. The Lokayukta, along with the Income Tax Department and the Anti Corruption Bureau, mainly helps people publicise
corruption among the Politicians and Government Officials. Many acts of the LokAyukta have resulted in criminal or
other consequences for those charged.
8. Lokayukta investigates cases of corruption, where substantiated, recommend action. It is a great check on corruption,
brings about transparency in the system, makes administrative machinery citizen friendly. His functions largely
depend upon jurisdiction vested in him and facilities provided for taking cognizance of citizens’ grievances promptly,
dexterously and expeditiously through simple, informal mechanism devoid of technicalities.

MINORITY SHAREHOLDER'S RIGHTS IN COMPANIES (CYRUS MISTRY - TATA CASE)

1. The decision of the National Company Law Appellate Tribunal, headed by chairperson Justice Mukhopadhaya, in
Cyrus Mistry's case against the Tata Group will have a permanent impact on the board room moves not just in Tata
Sons but in other India Inc too. This decision is now stretching all the top legal brains across the country.
2. Mistry from Shapoorji Pallonji group had taken over as the sixth chairman of Tata Sons in 2012 after Ratan Tata
announced his retirement. Mistry soon had a strong difference of opinion with Ratan Tata and the former was ousted
from the chairman's role in October 2016. Shapoorji Pallonji group holds over 18 percent stake in Tata Sons while
the balance is held collectively by Tata group companies and their family members.
3. After a prolonged hearing in the NCLAT, Justice Mukhopadhaya upheld the Mistry camp's appeal and ruled N
Chandrasekaran's appointment as illegal. The NCLAT has also given a window of four weeks to Tata Sons to reinstate
Cyrus Mistry as the chairman of Tata Sons.
4. The NCLAT also felt that the behaviour of Tata Sons' board towards the minority shareholders was “prejudicial” and
“oppressive”. The Judgement criticized the NCLT that the tribunal in its opening paragraphs was not required to
highlight the products of Tata Sons nor was required to appreciate its activities before deciding the case on merit.

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5. The NCLAT's decision is a shot in the arm for all the minority shareholders in the board room. This will also act as a
wake-up call for the majority shareholders and cannot take the minority shareholders in their sway for decisions. The
Companies Act 2013 has adequate protection for the minority shareholders.
6. Minority shareholders are the equity holders of a firm who does not enjoy the voting power of the firm by the virtue
of his or her below 50% ownership of the firm’s equity capital.
7. In Companies Act, 1956, the protection for the minority shareholders from oppression and mismanagement have
been provided under section 397 (An Application to be made to company law board for relief in cases of oppression)
and 398 (An Application to be made to company law board for relief in cases of oppression).

MISUSE OF SEDITION LAW - WEAKENING OF DEMOCRACY

1. The Indian Penal Code defines sedition (Section 124A) as an offence committed when "any person by words, either
spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or
contempt, or excites or attempts to excite disaffection towards the government established by law in India".
2. Disaffection includes disloyalty and all feelings of enmity. However, comments without exciting or attempting to excite
hatred, contempt or disaffection, will not constitute an offence under this section.
3. The Supreme Court has held in various judgements that the law of sedition is only applicable when (i) a person causes
violence, or (ii) a person encourages people to create violence. So, for sedition, it’s very important to make a distinction
between genuine criticism of the government and statements which seek to overthrow the government.
4. The major issue with the law on sedition is how it is processed in the legal system. The NCRB’s Crime in India report
2016 shows that out of 34 cases of sedition reported that year, there was only one conviction, two acquittals, while
31 cases are still pending trial. In fact, between 2014 and 2016, a total of 179 cases were lodged under the sedition
law.
5. However, by the end of 2016, no charge sheet had been filed in over 80% of cases. The trial could only begin in 10%
of cases. So, in most cases, the sedition law becomes a tool of oppression, where the police don’t even file a charge
sheet and people just spend time in prison.
6. The distinction between the “nation” and the government has been blurred to the extent that any criticism of
government functioning, irrespective of its merit, is seen as being anti-national, disloyal and unfaithful to the
motherland.
7. Constructive criticism of government policies, debating on the effectiveness of different State interventions should be
seen as an expression of love towards the nation and signifies concern about how the nation is progressing and not
sedition.
8. In August 2018, the Law Commission of India published a consultation paper recommending that it is time to re-think
or repeal the Section 124A of the Indian Penal Code that deals with sedition.
9. In the recent consultation paper on the sedition, the Law Commission has suggested invoking 124A to only criminalize
acts committed with the intention to disrupt public order or to overthrow the Government with violence and illegal
means.
10. Sedition laws in international jurisdiction-
The United Kingdom deleted the seditious libel through the Coroners and Justice Act, 2009.
In Australia, following the recommendations of the Australian Law Reform Commission (ALRC) the term sedition
was removed and replaced with references to 'urging violence offenses'.

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NATIONAL AND INTERNATIONAL REGIME ON HUMAN RIGHTS

1. The phrase "human rights" may be used in an abstract and philosophical sense, either as denoting a special category
of moral claim that all humans may invoke or, more pragmatically, as the manifestation of these claims in positive
law, for example, as constitutional guarantees to hold Governments accountable under national legal processes
2. International human rights law (IHRL) is the body of international law designed to promote human rights on social,
regional, and domestic levels. As a form of international law, international human rights law are primarily made up of
treaties, agreements between sovereign states intended to have binding legal effect between the parties that have
agreed to them; and customary international law. Other international human rights instruments, while not legally
binding, contribute to the implementation, understanding and development of international human rights law and have
been recognized as a source of political obligation.
3. A more systemic perspective explains that international humanitarian law represents a function of international human
rights law; it includes general norms that apply to everyone at all time as well as specialized norms which apply to
certain situations such as armed conflict between both state and military occupation (i.e. IHL) or to certain groups of
people including refugees (e.g. the 1951 Refugee Convention), children (the Convention on the Rights of the Child),
and prisoners of war (the 1949 Third Geneva Convention).
4. Various International bills, Treaties and Declarations-
The General Assembly of the United Nations adopted the Vienna Declaration and Programme of Action in 1993,
in terms of which the United Nations High Commissioner for Human Rights was established.
In 2006, the United Nations Commission on Human Rights was replaced with the United Nations Human
Rights Council for the enforcement of international human rights law. The changes prophesied a more structured
organization along with a requirement to review human rights cases every 4 years.
The Universal Declaration of Human Rights (UDHR) is a UN General Assembly declaration that does not in
form create binding international human rights law. Many legal scholars cite the UDHR as evidence of customary
international law.
5. The National Human Rights Commission (NHRC) of India is a Statutory public body constituted on 12 October 1993
under the Protection of Human Rights Ordinance of 28 September 1993.It was given a statutory basis by the
Protection of Human Rights Act, 1993 (TPHRA). The NHRC is the National Human Rights Commission of
India,responsible for the protection and promotion of human rights, defined by the Act as "Rights Relating To Life,
liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International
Covenants".
6. The NHRC consists of:
A Chairperson, who has been a Chief Justice of India or a Judge of the Supreme Court.
One member who is, or has been, a Judge of the Supreme Court of India
One member who is, or has been, the Chief Justice of a High Court
Three Members, out of which at least one shall be a woman to be appointed from amongst persons having
knowledge of, or practical experience in, matters relating to human rights.

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