Legal Aptitude Page No.

: 2 50 Questions – Part-1

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Legal Aptitude Page No.: 3 50 Questions – Part-1

Passage -1

A citizen’s right to own private property is a human right. The state cannot take possession of it
without following due procedure and authority of law, the Supreme Court has held in a
judgment. The state cannot trespass into the private property of a citizen and then claim
ownership of the land in the name of {mvlerse kissessiin’w the court said. Grabbing private land
and then claiming it as its own makes the state an encroacher. In a welfare state, right to
property is a human right, a Bench of Justices Indu Malhotra and Ajay Rastogi declared in their
January 8 verdict.
“A welfare state cannot be permitted to take the plea of adverse possession, which allows a
trespasser i.e. a person guilty of a tort, or even a crime, to gain legal title over such property for
over 12 years. The State cannot be permitted to perfect its title over the land by invoking the
doctrine of adverse possession to grab the property of its own citizensw3 Justice Malhotra, who
authored the judgment, laid down the law.
Yet, this is exactly what happened 52 years ago with Vidya Devi, a widow. The Himachal Pradesh
government forcibly took over her four acres at Hamipur district to build a road in 1967.
Justice Malhotra highlights how the state took advantage of Ms. Deli’s illiteracy and failed to pay
her a compensation for 52 years.
“rhe appellant [Ms. Devi] being an illiterate widow, coming from a rural background, was wholly
unaware of her rights and entitlement in law, and did not file any proceedings for compensation
of the land compulsorily taken over by the stmtew3 Justice Malhotra empathised with Ms. Devi,
who is 80 years old now.
Ms. Devi first learnt about her right for compensation in 2010 from her neighbours who had also
lost their property to the road. Then, in her 70s, she did not lose time to march straight to the
Himachal Pradesh High Court, accompanied by her daughter, to join her neighbours in their
fight against the state. But the High Court asked her to file a civil suit in the lower court.
Disappointed, Ms. Devi moved the Supreme Court.
Ordering the state to pay her ₹1 crore in compensation, the Supreme Court noted that in 1967,
when the government forcibly took over Ms. Deli’s land, {right to private property was still a
fundamental right’ under Article 31 of the Constitution.
Property ceased to be a fundamental right with the 44th Constitution Amendment in 1978.
Nevertheless, Article 300A required the state to follow due procedure and authority of law to
deprive a person of his or her private property, the Supreme Court reminded the government.
[Extracted with edits and revisions from “krilmte property is a human right: Supreme yiort3w
editorial from The Hindu, January 13, 2020]
1.1What does the author wants to say regarding private property in the above passage?
a) Only citizens have the right over private property and it is their human right.
b) The state cannot take the right over the private property without any due procedure and
authority of law.
c) The state cannot take the right over any property without any due procedure and
authority of law.

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Legal Aptitude Page No.: 4 50 Questions – Part-1
d) Every citizen has the fundamental right to property as well as human right to property
after the 44th constitutional amendment.

1.2Suppose a person “X3 who trespasses on a property and settles there for 14 years. In this
situation can the state invoke “victrine of adverse kissessiin3?
a) X is a trespasser and should not have the possession and title over the land, hence YES.
b) A welfare state can never take the plea of adverse possession whatsoever, hence NO.
c) A welfare state should not be permitted to take the plea of adverse possession in order to
grab the private property of its citizen, hence, NO.
d) X is a criminal and should be punished by the welfare state and the state should use the
land for the benefit of society, hence YES.

1.3Right to private property ceased to be a fundamental right with the 44th constitutional
amendment in 1978. If a person Y has a property dispute with the state in the year 1984.
Can the state deprive Y of his/her private property now?
a) YES, the state can easily deprive Y because there is no fundamental right to property.
b) YES, the state may/may not deprive Y of his property as it depends on stmte’s choice.
c) NO, the state has to follow due procedure and authority of law in order to deprive Y.
d) The State can deprive Y only if he is not the citizen of the state.

1.4Right to property, according to the passage, is a –

a) Human right
b) Fundamental right
c) Legal right
d) Constitutional right

1.5Which statement from the passage proves/signifies that Supreme Court is the “gomrvimn of
the cinstitotiin3?
a) “|rm}}ing private land and then claiming it as its own makes the state an encroacher. In
a welfare state, right to property is a human rightq3
b) “Orvering the state to pay her ₹1 crore in compensation, the Supreme Court noted that in
1967, when the government forcibly took over Ms. Deli’s land, {right to private property
was still a fundamental right’ under Article 31 of the yinstitotiinq3
c) “Articue 300A required the state to follow due procedure and authority of law to deprive a
person of his or her private property, the Supreme Court reminded the gilernpentq3
d) All of the above.

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Legal Aptitude Page No.: 5 50 Questions – Part-1

Passage -2

The prime minister is optimistic about fulfilling his dream of doubling tmrpers’ income by 2022. I
have been saying this for the last two years through this newspaper column that it is almost
impossible to attain this goal by 2022 with the set of policies that the government has adopted.
They will not achieve even half the target. The remaining four years till 2022-23 require real
incomes of farmers to go up by 13-15 per cent per annum. But, as they say, nothing is
impossible in this world, so here is my single suggestion to move in that direction.
The PM has also set a target of producing 100 GW of solar power by 2022. He wants the country
to be one of the frontrunners in the International Solar Alliance for clean energy. So far, the
model that has been adopted to develop solar power is inviting bids from large business players
like Mahindras, Adanis and so on. Some of them, who entered early into power purchase
agreements (PPA) with state governments, had to burn their hands when the costs came down
and state governments forced them to revise the costs of PPA downwards, upsetting their
economic calculations. But this model of generating solar power was not very inclusive. The land
is locked for solar panels for almost 25 years, and the benefits go only to a few investors.
The alternative model is to help farmers produce solar power on their lands, making annadata
an urjadata. After all, farmers occupy the largest chunks of land in this country. This model will
be much more inclusive and can help augment their incomes significantly. There are two
variants of this: One, replace all pump-sets, especially diesel ones, with solar pumps and the
excess power generated through solar panels can be purchased by state governments at a price
that gives the farmer a good margin over his cost of producing solar power. Second, encourage
farmers to grow “siumr trees3 on their lands at a height of about 10-12 feet in a manner that
enough sunlight keeps coming to plants below. Under this variant, the farmer can keep growing
two irrigated crops as he has been doing, but the solar tree generates a lot of excess power that
can be purchased by the state government. The power generated under the second variant is
multiple times more than under the first variant, and therefore the income augmentation can
also be several times more than under the first variant.
At ICRIER, we did a global survey on this and found that it is being practised in many countries
from Japan to China to Germany, and India is ripe for this. The problem is of mobilising enough
capital to install these solar trees. In one acre you can have 500 solar trees in such a manner
that even tractors can move through those and farmers can keep growing their normal two
crops. It does not impact their productivity as there is ample sunlight coming from the sides for
photosynthesis. The second pre-condition is that the state should be ready to do the power
purchase agreement.
[Extracted and edited from the article Plate to Plough: In the shade of solar trees from The Indian
Express, August 5, 2019]

2.1 What is the author trying to say in the entire passage?

a) The PM will not be able to realise his dream of doubling tmrper’s income (DFI) by 2022.
b) The PM cannot realise his dream of DFI as per the current set of policies that the government
has adopted but with other alternate options he can.
c) The author wants all farmers to only grow solar trees to become “orzmvmtm3q

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Legal Aptitude Page No.: 6 50 Questions – Part-1
d) The state is more supportive of big investors like Mahindra and Adanis rather than small
farmers.

2.2 What are the collective thoughts of author about doubling tmrper’s income by 2022?
a) Fully optimistic
b) Fully pessimistic
c) Suggestive and optimistic
d) Suggestive and pessimistic

2.3 What is the “siumr trees3 mentioned in the passage all about?
a) These are a biological trees which should be grown by the farmers in order to double their
incomes.
b) The farmer can keep growing two irrigated crops by growing 10 -12 feet high solar trees and
use the excess solar energy for selling to the state government.
c) Solar trees are nothing but solar pumps which will be used for irrigation in fields.
d) Solar trees is a hypothetical term used by the author to represent a particular variety/specie
of tree.

2.4 What is the status of India on Solar farming as of now?

a) India being a developing country is very far from the developed countries like Japan, China,
Germany etc.
b) India is far ahead from its competitors and is having a very successful clean energy model.
c) In India the Power Purchase Agreements (PPA) have been very successful as of now making
India solar farming friendly.
d) India is just ripe enough to land into the sector of solar farming with a comparatively bright
future of its farmers.
2.5 As per the passage what would be the problem (if any) in installing the solar trees for a
country like India?
a) In India the problem is of mobilising enough capital to install these solar trees.
b) Indian farmers being poor and illiterate would not be able to use solar trees efficiently.
c) India has the disadvantage of small land holdings with the farmers.
d) The solar tree would not be able to generate excess power.

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Legal Aptitude Page No.: 7 50 Questions – Part-1

Passage -3

The Centre’s proposal to replace 44 labour laws with four codes saw the light of day after
Finance Minister Nirmala Sitharaman announced it in her Budget speech. The question not
being asked is: mren’t these codes antithetical to the very idea of statutory protection of labour
and dignified standard of living for workers? It needs to be stated here that the original labour
laws, enacted after decades of struggle, were meant to ensure certain dignity to the working-
class people.
The most glaring instance of the gilernpent’s failure to support labour standards is the Ministry
of Lm}ior’s proposal to fix the national minimum floor wage at ₹178, without any defined criteria
or method of estimation. This could lead to a dangerous race to the bottom by individual States,
in a bid to attract capital and investments. This is rightly being called {stmrlmtiin jmge’w
especially given that the Ministrn’s own committee recommended ₹375 as the minimum. Another
concerning issue is that the four codes exclude over 95% of the workforce employed in informal
units and small enterprises, who in fact are in greater need of legal safeguards.
Above all, there is a deliberate ambiguity maintained on wording and definitions. There is no
clarity on who constitutes an {epkuiner’w an {epkuinee’ or an {enterkrise’w giving the owner greater
discretion to interpret the provisions while making it more difficult for the worker to draw any
benefits from them.
And if all this were not enough, the wage code also brings back the draconian provision of
“recilerm}ue mvlmnces3w a system that the Supreme Court clearly linked to coercive and bonded
labour, wherein distressed and vulnerable migrant labourers could be bonded to work through
advance payments. This is akin to modern forms of slavery, also encountered in rural labour
markets.
Similarly, the eight-hour workday shift has been done away with, and multiple provisions of
increased overtime have been inserted. The code also gives ample alibis to employers to evade
bonus payments.
Further, seeking justice against unfair practices of employers has become even more difficult
now as non-payment of wages will now not be a criminal offence and penalties in case of non-
compliance have been reduced. The government wants to provide a “tmciuitmtile3 rather than a
regulatory and punitive environment for the owners, with “tmciuitmtirs-cum-inskectirs3 replacing
the “inskectirs3 who used to ensure implementation of various labour laws to aid employees.
Finally, the code on industrial relations too is replete with restrictions, on forming or registering
unions, calling a strike (which would entail prior permissions and notices) and seeking legal
redressal for workers.
To sum it up, it jin’t be a fallacy to assert that the proposed laws, as they stand, resemble
{epkuiner cives’ rather than {um}ior umjs’q
[Extracted and edited from the article Code red for labour from The Hindu, August 6, 2019]

3.1 What is the say of author for the yentre’s proposal to replace 44 labour laws with four
codes?
a) The author is supportive of the gilernpent’s proposal.

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Legal Aptitude Page No.: 8 50 Questions – Part-1
b) The author is critical of the gilernpent’s proposal.
c) The author is very satisfied with the new code proposed by the government.
d) The author thinks that such proposals are very innovative and can help change the earlier
draconian laws.

3.2 The Ministry of Lm}ior’s proposal to fix the national minimum floor wage at ₹178, without
any defined criteria or method of estimation is a step that is-
a) It is very supportive of the poor labourers and their overall development.
b) This step will help individual States to attract capital and investments while keeping the
labourers severely affected.
c) This will help over 95% of the workforce employed in informal units and small enterprises.
d) This is better than the ₹375 which the pinistrn’s own committee recommended as the
minimum.

3.3 as per the author the new system of bringing in “tmciuitmtirs-cum-inskectirs3 in place of
“inskectirs3 of labour laws is a benefitting step towards-
a) Employers/owners
b) Employees
c) Labourers
d) all of the above

3.4 Which statement gives a correct idea about the author being a staunch supporter of
fundamental rights provided by Indian constitution?
a) “Anither concerning issue is that the four codes exclude over 95% of the workforce employed
in informal units and small enterprises, who in fact are in greater need of legal smtegomrvsq3
b) “Distressev and vulnerable migrant labourers could be bonded to work through advance
payments. This is akin to modern forms of slavery, also encountered in rural labour pmrsetsq3
c) “rhe code on industrial relations too is replete with restrictions, on forming or registering
unions, calling a strike (which would entail prior permissions and notices) and seeking legal
redressal for jirsersq3
d) All of the above.

3.5 Which statement clearly shows that the proposed law in the passage is more of an epkuiner’s
code than of labour laws?
a) There is no clarity on who constitutes an {epkuiner’w an {epkuinee’ or an {enterkrise’w giving the
owner greater discretion to interpret the provisions while making it more difficult for the worker
to draw any benefits from them.

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Legal Aptitude Page No.: 9 50 Questions – Part-1
b) “rhe wage code also brings back the draconian provision of recoverable mvlmnces3q
c) “rhe four codes exclude over 95% of the workforce employed in informal units and small
enterprises, who in fact are in greater need of legal smtegomrvs3q
d) “rhe Ministry of Lm}ior’s proposal to fix the national minimum floor wage at ₹178, without
any defined criteria or method of estipmtiin3q

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Legal Aptitude Page No.: 10 50 Questions – Part-1

Passage - 4

It was first encouraged as a voluntary contribution by business; six years ago it evolved into a
co-option of the corporate sector to promote inclusiveness in society and now, corporate social
responsibility or CSR has become an imposition on India Inc. Key amendments to the relevant
sections of the Companies Act in the last session of Parliament have now made non-compliance
with CSR norms a jailable offence for key officers of the company, apart from hefty fines up to
₹25 lakh on the company and ₹5 lakh on the officer in default. On the specific issue of penalties,
a committee has proposed that non-compliance be de-criminalised and made a civil offence.
“yxR is a means to partner corporates for social development and such penal provisions are not
in harmony with the spirit of yxRw3 the cippittee’s report says and rightly so. CSR should not
be treated as another tax on businesses.
Every company with a net worth of ₹500 crore or turnover of ₹1,000 crore or net profit of ₹5 crore
should spend 2% of the average profits it made over the previous three years on social
development. The experience since this provision was operationalised in 2013 has been mixed.
Filings with the Ministry of Corporate Affairs show that in 2017-18, only a little over half of those
liable to spend on CSR have filed reports on their activity to the government. The other half
either did not comply or simply failed to file. The average CSR spend by private companies was
just ₹95 lakh compared to ₹9.40 crore for public sector units. These are early days yet, and
compliance will improve as corporates imbibe CSR culture fully. The cippittee’s suggestion to
offer a tax break for expenses on CSR makes sense as it may incentivise companies to spend. It
has also recommended that unspent CSR funds be transferred to an escrow account within 30
days of the end of the financial year. It should be recognised that CSR is not the main business
of a company and in these challenging times they would rightly be focusing their energies on the
business rather than on social spending. The government should be careful to not micromanage
and tie down businesses with rules and regulations that impose a heavy compliance burden.
Else it might end up with the opposite of what it intends — to rope in the corporates as citizens
to promote social inclusion.
[Extracted and edited from the article from The Hindu, August 17, 2019]

4.1 What is CSR according to the author?

a) CSR is currently treated as another tax on business.
b) CSR is just a voluntary contribution by a business.
c) CSR is a way to collect funds from a business by way of fines and penalties such as Rs.
25 lakhs for corporates and Rs. 5 lakh for enforcement itticers’ non-compliance.
d) CSR is not the main business of a company and in these challenging times they would
rightly be focusing their energies on the business rather than on social spending
4.2 According to the author, the latest amendment of Companies Act regarding CSR is-
a) A welcoming step that is the need of the hour for promoting social inclusion by
corporates.
b) A much dreaded step that will affect the economy and society severely.
c) It brings a disharmony and chaotic situation in the corporates for non- compliance with
the CSR norms which is not right because it would affect the main business of these
corporates.

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Legal Aptitude Page No.: 11 50 Questions – Part-1
d) It is a right thing done by the parliament to make non- compliance of CSR a jailable
offence for key officers of the company, apart from hefty fines up to ₹25 lakh on the
company and ₹5 lakh on the officer in default.
4.3 There are 3 companies- company A is having a net worth of 400 crores and making a net
profit of 10 crores. Company B is having a turnover of rs.1100 crores. Company C is having a
net worth of 600 crores but making a net profit of 4 crores. Which company is liable to pay CSR
as per norms mentioned in the passage?
a) Company A and B only.
b) Company B only. c)
Company C only.
d) All companies A, B and C.

4.4 Why does nearly half of companies failed to file their CSR spending to the government in the
year 2017-18 as quoted by the author?
a) CSR becomes a burden on many companies especially private as they have to pay tax on
the expenses on CSR and they are not used to of CSR culture fully.
b) The private companies depend on public sector companies on CSR and do not like to take
its responsibility.
c) CSR is not the main job of companies but making profit is.
d) None of the above.
4.5 What should be the apt title for this article?
a) CSR, A duty never to be forgotten.
b) Pros and cons of CSR.
c) Private vs public companies on CSR.
d) Making CSR work: On Companies Act amendments

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Legal Aptitude Page No.: 12 50 Questions – Part-1

Passage - 5

A Marine Fisheries Regulation and Management (MFRM) Bill 2019 is in the public domain for
discussion. Comprehending the iuu’s rationale requires understanding the United Nations
Convention on the Law of the Sea (UNCLOS) 1982 and the World Trade Organisation (WTO)
agreements under which India has obligations to frame laws. The MFRM Bill 2019 is one such
piece of legislation.
Since fisheries is a state subject, fishing in the Internal Waters (IW) and Territorial sea (TS) come
within the purview of the states concerned. Other activities in the TS and activities, including
fishing beyond the TS up to the limit of the Exclusive Economic Zone (EEZ), are in the Union list.
No Central government, so far, has framed laws covering the entire EEZ. The Bill attempts to
make up for this. The annual fishery potential of the ciontrn’s EEZ is about 5 million tonnes.
The Bill is also a response to discussions on tisheries’ subsidies at the WTO since the Doha
Round of 2001. India has been defending the rights of developing nations for special and
differential treatment. Developed countries contend that nations without laws to manage
fisheries in their respective EEZs are not serious about unregulated fishing. The MFRM Bill is
~nvim’s response to such sentiments.
The Bill prohibits fishing by foreign fishing vessels, thus nationalising our EEZ. An Indian
fishing vessel desirous of fishing in the EEZ, outside the TS, must obtain a permit. This
requirement has been contested by the fishing industry — particularly small-scale operators.
There is a faulty assumption in the Bill that only large-scale vessels fish outside the TS. Actually,
thousands of small-scale fishing crafts regularly venture into such areas. Their freedom to
access fish outside the TS will cease if the Bill becomes law. A few exemption clauses to
safeguard their livelihoods should be incorporated in the Bill.
Bigger vessels, particularly trawlers, registered and licenced under state departments, will need
a permit to fish. This is a welcome measure to manage the fishing sector.
It proposes social security for fish workers and calls for protection of life at sea during severe
weather events. State governments, fisher associations and the fishing industry representatives
should not blindly oppose the entire Bill on the basis of their fears of the fishing permit. They
should argue for greater “ciikermtile tevermuisp3q
Fish cannot be bound by territoriality diktats of the Centre or states. Cooperative governance
between them over different territories (IW, TS and EEZ) is key to the sustainable management of
marine fisheries, which should now ideally go into the Concurrent List. Small-scale fish workers
should demand making the entire IW and TS completely free of trawling using the FAO/UN
Small-Scale Fisheries Guidelines to support their arguments. This will raise their incomes,
ensure a steady supply to consumers, heal the coastal areas and curb the bane of destructive
fishing.
[Extracted and edited from the article a finer net from The Indian Express, August 30, 2019]
5.1 India is a sovereign country. It may or may not frame laws for regulating marine fisheries
Is the above statement correct with respect to the passage?
a) Yes, India is free to make or not make any laws.
b) Yes, India does not need permission from other sources

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Legal Aptitude Page No.: 13 50 Questions – Part-1
c) No, India is bound by UNCLOS & WTO agreements which it has signed and therefore
bound by it to make laws.
d) No, India is still a developing county, and is not free to make laws for international waters.
5.2 Which statement from the passage shows that India is serious about unregulated fishing?
a) “Other activities in the TS and activities, including fishing beyond the TS up to the limit of
the Exclusive Economic Zone (EEZ), are in the Union uist3
b) “~nvim has been defending the rights of developing nations for special and differential
tremtpent3
c) “rhe MFRM Bill is ~nvim’s response to such sentipentsq3
d) None of the above
5.3 Is there a provision for foreign fishing vessel to get a permit to fishing in EEZ of India? As per
the passage
a) Yes, India is always open to permit foreign fishing vessel
b) No, no one can do fishing in EEZ of India
c) No, India only permit Indian fishing vessel
d) Yes, but excluding Pakistan
5.4 As per the passage who all do fishing outside the territorial sea, in the EEZ
a) Only large-scale vessels
b) Only foreign fishing vessels
c) Both large scale and small scale
d) Data inadequate
5.5 Concurrent list is a list from which both state and centre can make laws from subjects
present inside it.
Why has author referred to concurrent list in the passage?
a) To benefit the large-scale vessel and economy
b) To make sure international guidelines are followed
c) To make way for cooperative governance and sustainable management of marine fisheries
d) None of the above

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Legal Aptitude Page No.: 14 50 Questions – Part-1

Passage - 6

There has been much development recently with respect to the Protection of Children from
Sexual Offences (POCSO) Act, 2012. With an objective of stopping the rampant sexual abuse of
children, the Protection of Children from Sexual Offences (Amendment) Bill, 2019 was
introduced in the Rajya Sabha in July, and later passed by both Houses of Parliament. It is all
set to become the {umj of the umnv’q The present bill is welcome in certain respects as it
specifically defines what {chiuv kirnigrmkhn’ is; {osing a child for pornographic korkises’ and for
{kissessing or storing pornography involving a chiuv’ is punishable. It has also widened the
ambit of {Aggrmlmtev sexual mssmout’q

The Supreme Court has recently taken cognisance of the sexual abuse of children, directing its
registry to file a case as writ petition with cause title “~n-re Alarming Rise in The Number of
Reported Child Rape ~ncivents3q The court has also observed that it intends having a {zeri
tolerance kiuicn’ toward child rape. As data on sexual crimes against children collected by the
court show, 24,212 FIRs were filed across India from January to June this year. According to
National Crime Records Bureau data of 2016, the conviction rate in POCSO cases is 29.6% while
pendency is as high as 89%. The prescribed time period of two months for trial in such cases is
hardly complied with.

The court has also taken note of the delay in trials, in turn directing the Central Government to
set up special courts within 60 days of the order in each district having more than 100 pending
cases under the Act. It is to be seen how long it takes to comply with the order. The Criminal
Law (Amendment) Act, 2018 introduced the death penalty for rape of girls below the age of 12. At
the same time, the POCSO Act, under Section 42, provides that where the same act constitutes
an offence under the said Act and any other law, then the offender will be punished under the
Act or such law, whichever provides for greater punishment. This has created an issue as the
effect of such an amendment was death penalty for rape of minor girls but not for assault
against minor boys.

The proposed Bill does away with such a discrepancy. It is gender neutral and provides for the
death penalty for “mggrmlmtev penetrative sexual assault of a chiuv3w thus bringing both these
pieces of legislation on a par with each other in this respect. With these amendments and with
the Supreme Court considering child abuse “intiuerm}ue3w there seems to be reasonable hope now
that vulnerable children could be safer. The Bill is a step forward in preventing child abuse but
the consequences of providing for the death penalty need to be closely observed.

[Extracted and edited from the article a point to ponder over in the POCSO Bill from The Hindu,
August 12, 2019]

6.1 As per the passage, is child pornography specifically defined under POCSO Act, 2012?

a) Yes, POCSO Act, 2012 specifically covers “chiuv kirnigrmkhn3

b) No
c) Not reflected in the passage
d) India has zero tolerance towards “yhiuv Pirnigrmkhn3w hence Yes.

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Legal Aptitude Page No.: 15 50 Questions – Part-1
6.2 Which statement shows that the Supreme Court is active in tackling the problems concerned
with child rape and sexual assault?

a) Directing the Central Government to set up special courts within 60 days of the order in
each district having more than 100 pending cases under the Act
b) The criminal law amendment act, 2018 introduced the death penalty for rape of girls
below the age of 12
c) Data on sexual crimes against children collected by the court show, 24,212 FIRs were
filed across India from January to June this year.
d) All of the above.
6.3 Suppose there is a case of aggravated sexual assault with a boy child of age 6. As per
criminal law amendment act, 2018, will there be death penalty to offender in this particular
case? (At present situation)

a) yes, aggravated sexual assault is a major form of rape

b) no, there is no law at present
c) yes, if the POCSO amendment bills passes and becomes the act
d) both b) and c)
6.4 Which factor is more of a concern with respect to sexual crimes against child in India?

a) Conviction rate of 29.6%

b) Pendency rate of 89%
c) Zero tolerance policy
d) None of the above
6.5 More than an emphasis on the death sentence, there needs to be an overhaul of the criminal
justice administration

Is the statement justified?

a) Yes, because reducing pending cases is better than death sentence given after 10 yrs. of
imprisonment
b) Yes, the criminal justice administration is not serious about child crimes
c) No, because the severe punishment like death penalty is more deterrent than 10 yrs.
imprisonment
d) No, because the criminals will find an escape route from trial.

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Legal Aptitude Page No.: 16 50 Questions – Part-1

Passage - 7

Ten years after U.S. Congress passed the Family Smoking Prevention and Tobacco Control Act,
on August 15 this year, the Food and Drug Administration finally issued a proposed rule that
pictorial warnings be carried on cigarette packages and advertisements. Once this is finalised,
the FDA will be able to specify the images to be used along with the written warning. The images
and text will occupy the top 50% of the front and the back panels of the packages. At present,
cigarette packages in the U.S. carry only text warnings and only on one side.

Stiff opposition from the tobacco industry on the ground that graphic images violate its First
Amendment rights protecting free speech has been the main reason why the U.S has not been
able to introduce them.

By virtue of their small size and placement, text warnings largely remain invisible and fail to
convey the harmful effects of smoking. On the other hand, gory pictures are very likely to be
noticed, leave a lasting impression of the varied risks of smoking. They also convey the central
message immediately and easily.

Tobacco companies are well aware of the power of pictorial warnings in reducing tobacco
consumption, urging users to quit smoking and preventing young adults from taking up
smoking. It is for these reasons that the industry will pull out all the stops to prevent the
introduction of graphic images in the U.S, one of the biggest markets in the world (1.4 million
children between the ages of 12 and 17, and 34 million adults currently smoke).

A 2017 study based on modelling found that pictorial warnings could reduce the prevalence of
smoking in the U.S by 5% by 2020 and up to 10% by 2065. Data from countries that introduced
pictorial warnings show how powerful they can be in shaping public opinion and causing a
sharp drop in tobacco consumption. For instance, in Canada, there was 12% relative reduction
in smoking prevalence in just six years after graphic images were made mandatory on cigarette
packages. Similarly, Australia, which introduced graphic images in 2006, witnessed more than a
10% drop in prevalence between 2004 and 2008. The U.K. saw a 10% relative decline in 2009,
just a year after image warnings were introduced. The biggest threat that pictorial warnings pose
to tobacco companies is in reducing the appeal and consumption of tobacco. About 30% of
young adults in 28 European countries and Canada reported that graphic images made them
less likely to start smoking.

[Extracted and edited from The Hindu, August 29, 2019]

7.1 Why the U.S.A. till now has not been able to implement the graphic images in cigarettes
packages as per the passage?

a) They do not want to convey the central message i.e. “ti}mcci causes cmncer3 to its citizen.
b) They did it 10 years back but it resulted in losses & failures.
c) Stiff opposition from the tobacco industry on the ground that graphic images violate its
First. Amendment rights protecting free speech.
d) They implemented graphic images which were earlier less than 50% size of pack.

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Legal Aptitude Page No.: 17 50 Questions – Part-1

7.2 Who really wants the young adults of U.S.A should not quit smoking?

a) FDA
b) Tobacco companies
c) U.S. Government
d) All of the above
7.3 Do graphics images really affect the cinsoper’s brain regarding smoking? Which statement
from the passage support this?

a) “A}iot 30% of young adults in 28 European countries and Canada reported that graphic
images made them less likely to start spisingq3
b) “A 2017 study based on modelling found that pictorial warnings could reduce the
prevalence of smoking in the U.S by 5% by 2020 and up to 10% by 20653
c) “rhe U.K. saw a 10% relative decline in 2009, just a year after image warnings were
intrivocevq3
d) All of the above
7.4 Suppose, this passage talks about India rather than U.S.A. In this scenario, which article in
the constitution of the India best represents the right of tobacco companies in protesting against
graphic images?

a) Article 14 – fundamental right to equality

b) Article 21 – fundamental right to life and personal liberty
c) Article 19(g) – fundamental right to freedom to practice any profession or to carry out any
occupation, trade or business
d) Article 47 – duty of the state to raise the level of nutrition & standards of living &to
improve public health
7.5 Best suited title for the passage, according to the author can be-

a) Tobacco – pros and cons

b) Role of graphic images
c) Public health versus free speech
d) U.S.A. – A county of million young smokers

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Legal Aptitude Page No.: 18 50 Questions – Part-1

Passage - 8

Any move to increase the strength of the judiciary ought to be welcomed, given the perennial
complaint that availability of judges is not increasing in proportion to the institution of cases. In
this perspective, the Union ym}inet’s decision to raise the strength of the Supreme Court from
31 to 34, including the Chief Justice of India, will help in dealing with the large pendency —
59,331 cases on July 11. The law that fixes the number of judges in the highest court was last
amended in 2009 to raise the figure from 26 to 31. Chief Justice Ranjan Gogoi had written to the
Prime Minister recently, highlighting the problem of paucity of judges, due to which he was
unable to constitute enough Constitution Benches to decide important questions of law.
However, a moot question is whether the highest court should go into the correctness of every
decision of every high court. Are the judicial resources available being used optimally? Is
valuable time being taken up by mundane matters that do not impinge on larger questions that
involve interpretation of laws and constitutional provisions? For instance, routine bail matters
land up in the Supreme Court within days of persons being arrested. Every major crime or
disaster seems to invite a litigant, ostensibly in public interest, who mentions the matter before
the Chief Justice for urgent hearing. The court is being invited to even oversee flood relief work.

All other questions involving a final decision on routine matters, especially civil cases that
involve nothing more than the interests of the parties before it, ought to be considered by a
mechanism that will not detract from the ciort’s primary role. Some countries have brought in a
clear division at the level of the apex judiciary by having separate constitutional courts, which
limit themselves to deciding questions of constitutional importance. It may be worthwhile
considering the 229th Report of the Law Commission, suggesting a new system under which
there will be one Constitution Bench in Delhi, and four {ymssmtiin enches’ for different regions
of the country. These will be final appellate courts for routine litigation. This arrangement may
also increase access to justice to those living in far-flung areas of the country and who may
otherwise have to come to Delhi and spend more time and money in pursuing appeals. It may
also cut down on the time taken for disposal of cases.

[Extracted and edited from Bigger and better: On number of Supreme Court judges from The
Hindu, August 5, 2019]

8.1 Which kind of work should the Supreme Court consider over others?

a) Correctness of the decision of High court as first priority work

b) Interpretation of law and constitutional provisions as first priority work
c) Routine bail matters, major criminal matters and disaster related works as first priority
work
d) Civil cases involving interest of parties as first priority work
8.2 What do you understand by “cmssmtiin }enches3 mentioned in the passage?

a) These benches constitute high court judges to dispose off the judicial matter.
b) Every case will go to Supreme Court via these cassation benches only.
c) It is a successful model in other countries where extra judges are deployed by the
judiciary and will be placed there.

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Legal Aptitude Page No.: 19 50 Questions – Part-1
d) These are nothing but benches representing Supreme Court of India and will be placed
outside Delhi and act in a similar way as the Supreme Court of India.

8.3 Suppose the strength of Supreme Court becomes 34 from current 31. The according to the
views of author in the passage, will it be sufficient to cope up with the problem of pendency of
cases?

a) Yes, it is the only way out.

b) Yes, but that should include other factors like introducing cassation benches, etc.
c) No, there is no need for 34 judges.
d) No, our judiciary is very efficient to manage cases at the current strength of {31’q

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Legal Aptitude Page No.: 20 50 Questions – Part-1

Passage - 9

The Supreme Court has rightly agreed to hear together multiple public interest litigations
pending in the Madras, Bombay and Madhya Pradesh high courts, calling for the linking
of Aadhaar with social media accounts. There can be no room for conflicting rulings in a matter
with international implications, which could inspire litigation or influence attitudes in other
nations. Privacy is at stake here, and the Supreme Court is its most appropriate guardian,
having clarified it and defined it as a “gomrmnteev fundamental right3 in 2017. In its
deliberations, the Court will no doubt be guided by that landmark judgement, which was
celebrated, among others, by the Electronic Frontier Foundation, the pioneering digital civil
liberties group.

As it stands now, the court is expected to strike a balance between the imperatives of privacy
and security. Obviously, this is an impossible choice, since the right to privacy is fundamental
and cannot be reduced under normal circumstances. By way of a parallel, the right to life is
absolute until a death sentence is pronounced, and the right to liberty can be conditional only in
a state of unrest or emergency. Logically, therefore, the question of striking a balance with an
absolute right cannot arise under normal circumstances. It also involves a question of scale.
Why is Aadhaar indispensable? Wiouvn’t the phone numbers associated with social media
accounts suffice? They identify owners with complete accuracy, since sim cards are issued
against identity documents. While the data security of Aadhaar remains so contested that it is
not mandatory even for banking purposes, insistence on Aadhaar would simply invite more
lawsuits.

Death threats, criminal intimidation, smearing and stalking are commonplace in social media,
and the dark satanic mills of rumour and fake news have the capacity to spark violence and
conflict. But a technical solution would be as effective as legal remedy, without trespassing upon
privacy. For instance, artificial intelligence can identify dubious content by textual analysis and
flag it like spam or malware. And this week, Twitter proactively swept away Chinese accounts
spreading disinformation about the Hong Kong protests. The Supreme Court has been admired
for standing up for privacy. Now, it should mandate a technical solution, because it cannot
possibly consider encroaching upon the very value that it upheld and protected.

[Extracted and edited from the article Privacy rights, wrongs from The Indian Express, August
22, 2019]

9.1 As per the passage, privacy is a –

a) Fundamental right
b) Legal right
c) Constitutional right
d) Absolute right
9.2 What would be the consequences if the High court of Bombay, Madras, and Madhya Pradesh
give different ruling in the case of linking Aadhar with sim?

a) International implication would arise

b) Privacy would be at stake

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Legal Aptitude Page No.: 21 50 Questions – Part-1
c) Court would be filled with litigation
d) All of the above
9.3 Is linking aadhar to bank a/c is mandatory as per the passage?

a) Yes
b) No
c) Only for NRIs
d) ymn’t say

9.4 The author in the passage is emphasising on-

a) Technical solution
b) Legal solution
c) Author is silent on the solution fact
d) None of the above
9.5 If Aadhar is linked with the social media account, what can be the consequences on privacy
of the people? As per the passage-

Right to life is absolute

Right to liberty is absolute
Can right to privacy be compromised under normal circumstances?

a) Yes, it can be compromised.

b) No, it is an absolute right. c)
Yes, it depends on state
d) No, it can never be compromised under any circumstances

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Legal Aptitude Page No.: 22 50 Questions – Part-1

Passage - 10

On Saturday, the final list of Assmp’s National Register of Citizens (NRC) excluded names of over
19 lakh applicants. A total of 3.30 crore applicants had applied to be included in the NRC. This
not necessarily means that the 19 lakh are illegal migrants. They still have the option of
appealing. They can approach, within a deadline, a Foreigners Tribunal with a certified copy of
the rejection order from the NRC, along with the grounds for appeal. In addition to the 100
existing Foreigners Tribunals, 200 more will be functional soon, state government officials said.
If the applicant loses their case before such a Tribunal, he or she can appeal in the High Court,
and then the Supreme Court if necessary. Someone who is not only excluded from the final NRC
but also loses his or her case in a Foreigners Tribunal, however, faces possible arrest, and the
prospect of being sent to a detention centre.

They will need to prove that they or their ancestors were citizens on or before March 24, 1971.
This is the cutoff date in the Assam Accord of 1985, agreed upon by the Centre, the state and
the All Assam xtovents’ Union, at the end of a six-year movement against migration from
Bangladesh.

Surviving citizens from the 1951 NRC are automatically eligible for inclusion in the updated
version. So are descendants of the survivors and of the deceased — provided that they can prove
their lineage. Linkage to the 1951 NRC is, however, not compulsory. Going by the cutoff under
the Assam Accord, anyone who figured in electoral rolls up to March 24, 1971, or who are
descendants of such citizens, are eligible for inclusion in the updated NRC. Various other
documents are admissible — such as birth certificates and land records — as long as these were
issued before the cutoff date.

Since the NRC includes only those who could establish their linkage to March 24, 1971 or
earlier, it would suggest that the excluded 19 lakh submitted papers that were not enough to
establish this linkage. Those who were rejected on the basis of submitted papers will face an
additional concern, for they could face rejection again if they submit the same papers a second
time. They face the task of finding documents other than those that were rejected.

[Extracted and edited from the article “jhi are the 19 lakh excluded from Assam NRC, and what
next for thep?3 from The Indian Express, September 14, 2019]

10.1 As per the passage, 19 lakhs people are excluded in the Assam NRC, does this makes them
illegal migrants automatically? If not, why?

a) They still can approach a foreign tribunal

b) They can approach for appeal in High court and Supreme court
c) Both a) and b)
d) Yes, it makes them illegal migrants
10.2 If a person X belonging to state of Assam is born on 1961 and later his Son Y is born on
1985.

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Legal Aptitude Page No.: 23 50 Questions – Part-1
Is Y included in NRC or excluded?

a) Included, provided he proves his lineage with X

b) Excluded
c) X is in but not Y
d) Data inadequate
10.3 If the person “A3 of the state of Assam born on 1949 and his son "3 born on 1970 and ’s
son “y3 born on 1995.

As per the passage, who is automatically included in the NRC?

a) A is automatically included in the NRC

b) A and B both are automatically included in the NRC
c) A, B and C all are automatically included in the NRC
d) Only C is automatically included in the NRC
10.4 Three persons, M was figured in electoral roll on March 24 1981. N was having a birth
certificate of July 10, 1968. O was having his property papers registered on June 15, 1970. In
Assam which of the three can be updated as a citizen and include in NRC of Assam?

a) M only
b) N and O only
c) All M, N and O
d) None of the above
10.5 Is the cut-off date “pmrch 24, 19713 arbitrary, as per the sole wish of the government?

a) Yes, it is arbitrary in nature

b) No, it was decided as per Assam Accord of 1985, agreed by centre, state and the All
Assam Students’ Union, at the end of a six-year movement against migration from
Bangladesh
c) Yes, it is a random date chosen by the government to deal with illegal migrants
d) Both a) and c)

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