Cross-Examination of Witness Under The Indian Evidence Act - A Comprehensive Overview

HOME / CLAT PG / Cross-Examination of Witness under the Indian Evidence Act: A Comprehensive
Overview
Cross-Examination of Witness under the Indian Evidence Act:

A Comprehensive Overview
Ruchika Mohapatra | Oct 27, 2023 | 5 min read
1142 0
Share this CLAT PG
TABLE OF CONTENTS
Introduction
Cross-Examination under Indian Evidence Act
Purpose of Cross-Examination
Provisions for Cross-Examination under Evidence Act
Techniques of Cross-Examination
Re-Examination of a Witness
Conclusion
Introduction
Examination of a witness can be done in 3 steps. First, ‘Examination-in-Chief‘

which is the examination of a witness by the party who calls him. Second,
‘Cross-Examination‘ which is the examination of a witness by the adverse party
and the third, ‘Re-Examination‘ which is the examination of a witness,
subsequent to the cross-examination by the party who called him.
Cross-Examination under Indian Evidence Act
Cross-examination is a fundamental component of the legal process and plays

a pivotal role in the Indian legal system. It is a stage in a trial where one party
questions a witness called by the opposing side to test their credibility, assess
their accuracy, and uncover inconsistencies or biases in their testimony.
The process of cross-examination in India is governed by the Indian Evidence

Act, 1872, specifically Sections 137 to 166. In this comprehensive overview, we
will delve into the key aspects of cross-examination, its purpose, techniques,
and its significance in the administration of justice.
Cross-examination is a crucial element of the adversarial system of justice. It

allows each party to scrutinize the evidence presented by the opposing side,
challenge the credibility of witnesses, and test the veracity of their statements.
In this process, a lawyer aims to elicit information that may be beneficial to
their client’s case or to discredit the opposing party’s witnesses.
Purpose of Cross-Examination
Cross-examination serves several essential purposes:
a. Testing Witness Credibility One of the primary functions of cross-

examination is to assess the credibility of the witness. This involves
challenging their reliability and trustworthiness, which can impact the weight
that the court assigns to their testimony.
b. Uncovering Inconsistencies Cross-examination allows the opposing party to

identify inconsistencies or contradictions in the witness’s testimony. These
inconsistencies can be used to undermine the credibility of the witness.
c. Revealing Bias or Prejudice Cross-examination can expose any bias,

prejudice, or motive that the witness may have, which could influence their
testimony.
d. Clarifying Ambiguous or Vague Testimony Cross-examination can seek

clarification when the witness’s testimony is unclear or ambiguous. This can
help ensure that the court has a complete and accurate understanding of the
evidence.
e. Eliciting Favorable Information Cross-examination is not solely about

challenging the witness. It can also be used to elicit information that supports
the cross-examiner’s case or provides a more complete picture of the events in
question.
Provisions for Cross-Examination under Evidence Act
The Indian Evidence Act, 1872, provides several sections that govern cross-
examination:
a. Section 137 – Examination-in-Chief, Cross-Examination, and Re-Examination
This section establishes the sequence of examination during a trial. It outlines

that witnesses are first examined-in-chief by the party that called them,
followed by cross-examination by the opposing party, and, if necessary, re-
examination by the party that initially called the witness.
b. Section 138 – Order of Production and Examination of Witnesses
Section 138 details the order in which witnesses are to be examined. It

primarily focuses on the examination-in-chief but indirectly relates to the
process of cross-examination by specifying the sequence of producing
witnesses.
c. Section 139 – Cross-Examination of a Person Called to Produce a Document
This section pertains to the cross-examination of a witness who has been

called to produce a document in court. A person summoned to produce a
document does not become a witness by the mere fact that he produces it and
cannot be cross examined unless and until he is called as a witness.
d. Section 140 – Witnesses to character may be cross-examined and re-

examined
Section 140 talks about the character of a party. “Character” of someone refers
to their quality or characteristics that distinguish them. Especially mental and
moral characteristics. It also includes a person’s reputation in society.
The section states that the witness to a party’s character can be cross-
examined if the examination-in-chief has already been completed.
e. Section 145 – Cross-Examination as to previous statements in writing
Every statement given by a witness must be reduced to writing. At a later stage

of the trial, cross-examination can be conducted based on the prior statements
to check for contradictions and veracity. This can be a crucial tool for revealing
inconsistencies in a witness’s testimony.
e. Section 146 – Questions Lawful in Cross-Examination
Section 146 states that during cross-examination of a witness, he may be

asked questions to:
Test the accuracy or truthfulness of his statements
Understand more about the witness.
To denounce his credibility.
f. Section 154 – Question by Party to His Own Witness This section allows a
party to ask leading questions during the cross-examination of their own
witness, primarily to expedite the process or elicit specific information.
Techniques of Cross-Examination
a. Leading Questions Leading questions are those that suggest the desired
answer. In cross-examination, leading questions are often used to obtain yes or
no responses, challenge the witness’s version of events, or establish key facts.
b. Impeachment Cross-examiners may impeach the credibility of the witness

by presenting evidence of prior inconsistent statements, bias, or other factors
that may cast doubt on the witness’s reliability.
c. Challenging the Witness’s Memory Cross-examiners may question the

witness’s ability to recall details accurately, bringing up inconsistencies or gaps
in their memory.
d. Confronting with Prior Statements Cross-examiners may confront the

witness with prior written or oral statements that are inconsistent with their
current testimony. This can reveal contradictions and erode the witness’s
credibility.
e. Establishing Motive or Bias Cross-examination may explore any motives,

biases, or personal interests that could influence the witness’s testimony. This
is particularly relevant when challenging the witness’s objectivity.
f. Force the Witness to Admit Cross-examiners may use persistent questioning

to force the witness to admit certain facts or reveal inconsistencies in their
testimony.
Re-Examination of a Witness
After cross-examination, the party that initially called the witness has the
opportunity to conduct re-examination. Re-examination is limited to addressing
matters that arose during cross-examination and is intended to clarify or
correct any issues.
Conclusion
Cross-examination under the Indian Evidence Act is a critical stage in the legal
process. It serves to test witness credibility, uncover inconsistencies, and
reveal biases or motives that may affect the outcome of a case. While cross-
examination is a powerful tool, it must be conducted with fairness, relevance,
and respect for the rights of witnesses.
Also Read: Confession under Indian Evidence Act
Share this
CLAT PG
Join our Newsletter

Subscribe to our newsletter and get daily news & updates directly to your inbox!
Email Address Subscribe
Join our WhatsApp Group
Join Now
Join our Telegram Group
Join Now
Next Article
HOME / CLAT UG / In Conversation with Kishor Biradar (Osmania University and NLSIU) on his Journey
through Law School
In Conversation with Kishor Biradar (Osmania University and

NLSIU) on his Journey through Law School
Ruchika Mohapatra | Nov 07, 2023 | 8 min read
18 0
Share this CLAT UG
In this Conversation with CLATalgoue, Kishor Biradar who

studied from Osmania University & NLSIU reflects on his
journey both to and through law school and his fond
memories of being the first person from his village to have
opted for law as a career.
Tell us a bit about yourself.
My name is Kishor Biradar and I hail from Bidar district in Karnataka. I

completed my education up to Class 10 in my hometown, after which I
relocated to Hyderabad for further studies.
My academic journey has been marked by a strong interest in humanities and

management courses as opposed to science. Post completing Class 12, where I
specialized in commerce, I took the TS LAWCET entrance exam.
Fortunately, I secured a seat for a 5-year integrated BBA LL.B program at

Login
Mahatma Gandhi College of Law in Hyderabad, affiliated with Osmania
University. Education holds significant importance in my family, and I have been
fortunate to have their unwavering support throughout my academic
endeavors.
At present, I am continuing my educational journey by pursuing an LLM degree

at India’s prestigious National Law School of India University, which is
renowned for its excellence in the field of law.
How was the beginning of your journey through law

school?
My journey through law school began with a strong aspiration to study and
practice law. It all started after I successfully secured admission in the 5-year
integrated BBA LL.B program at Mahatma Gandhi College of Law in Hyderabad
through the TS LAWCET entrance exam. This marked the beginning of my
formal legal education.
During my time in law school, I encountered some unique challenges, primarily

due to the impact of the COVID-19 pandemic. The pandemic significantly
disrupted the traditional educational system, leading to academic skill gaps
and learning adjustments.
Despite these challenges, I remained committed to my studies and strived to

adapt to the evolving educational landscape. One observation I made during
this period was the difference in educational quality between traditional
universities and National Law Universities (NLUs).
I realized that NLUs like the National Law School of India University (NLS) offer
a distinct advantage. The professors at NLS are exceptionally knowledgeable
and bring a wealth of practical experience to the classroom. This dynamic and
interactive learning environment has enriched my academic experience and
deepened my understanding of the law.
I believe that the challenges I faced during the pandemic have contributed to
my resilience and adaptability as a student in my journey through law school,
and I am grateful for the opportunity to study in an institution like NLS, where
the quality of education is second to none.
What motivated you to pursue law as a career?

My decision to pursue a career in law was motivated by a deep-seated passion
for justice and a strong desire to make a meaningful contribution to society.
From an early age, I was drawn to the concept of justice, fairness, and the rule
of law. I found the legal system to be a powerful tool for addressing societal
issues and ensuring that individuals’ rights and freedoms are upheld.
Furthermore, I was inspired by the potential for positive change that the legal
profession offers. Lawyers have the opportunity to advocate for the vulnerable,
effect change through legal reform, and provide a voice to those who may not
otherwise have one.
This sense of purpose and the ability to make a tangible difference in people’s
lives through the law greatly motivated me. Additionally, my family’s strong
background in education and their encouragement to pursue my passions
played a pivotal role in my decision to enter the legal field.
Their unwavering support and belief in the importance of education instilled in

me a sense of responsibility to use my knowledge and skills to address legal
issues and contribute to a just society.
I’m also proud to be the first person from my village to enroll in a law course.
The dream of being called “Vakil Saab” has been a profound source of
motivation for me. Being the first one from my village to embark on this legal
journey comes with a sense of responsibility and a strong desire to represent
my community and contribute positively to their legal needs.
The title of “Vakil Saab” holds deep cultural and societal significance, signifying
a trusted and respected legal advocate. This aspiration is not only a personal
one but also a representation of my commitment to serve my community and
ensure that their legal rights and interests are protected.
My unique position as the first law student from my village has fueled my
determination to excel in the legal field, and I aspire to set an example for
others to follow. I want to be a source of inspiration and guidance for those in
my village who may share similar dreams but lack the means or encouragement
to pursue them.
This motivation, coupled with my passion for justice and the desire to effect
positive change, drives my dedication to a career in law.
Tell us a bit about your experience while taking the

entrance test for admission into LLM courses. How was
that experience different from the time you took the
entrance test for UG?
Taking the entrance test for admission into LLM courses was a challenging yet
rewarding experience, significantly different from my previous entrance test for
UG. The transition from the undergraduate law entrance test to the entrance
test for LLM courses brought a whole new level of complexity and competition.
When I initially took the TS LAWCET for my undergraduate studies, it was a

state-level entrance exam. While it presented its own set of challenges, I found
it comparatively easier due to its localized focus.
However, when it came to the entrance test for LLM, I took the CLAT PG
(Common Law Admission Test for Postgraduate programs). CLAT PG is
renowned for its rigor and is known to be a tough examination, designed to
assess a deeper understanding of legal concepts and critical thinking skills.
The competition was fierce, with candidates from all over the country vying for
a limited number of seats. Even though I was fortunate to secure admission to
the National Law School of India University (NLS) with the help of certain
reservations, the examination itself remained exceptionally challenging.
Reservations provide opportunities for underrepresented groups, but the level

of difficulty in the CLAT PG emphasized the need for rigorous preparation and
dedication. This experience served as a reminder of the high academic
standards and expectations at NLS and reaffirmed my commitment to excel in
my LLM program. It also reinforced my belief in the value of reservations in
providing opportunities for individuals from diverse backgrounds to access
quality education.
What were your top 3 sources of information while
preparing for the law entrance exam? Did you prepare for
the exam all by yourself?
While preparing for the law entrance exam, I relied on several key sources of
information to ensure a comprehensive and effective preparation. These
sources played a significant role in my journey.
Here are the top three sources I used:
Legal Articles: I extensively referred to articles from sources such as Bar and
Bench. These sources provided me with in-depth insights into contemporary
legal issues, landmark judgments, and emerging legal trends. They were
valuable in expanding my knowledge and understanding of the legal field.
Landmark Judgments: I made it a point to study landmark judgments that had

shaped the legal landscape. Analyzing these cases not only helped me grasp
the intricacies of legal reasoning but also honed my ability to apply legal
principles in a practical context.
Bare Acts: I thoroughly studied and followed bare acts, which are the
fundamental texts that provide the legislative provisions for various areas of
law. This resource was crucial for developing a strong foundation in statutory
law and understanding the legal provisions relevant to the entrance exam.
In addition to these key sources, I also gained extensive research knowledge

during my internships in the legal field. These internships provided me with
hands-on experience in legal research, case analysis, and legal documentation,
all of which contributed significantly to my overall preparation.
What would you say sets apart your story from others?
Firstly, as a first-generation lawyer from my village, I carry a deep sense of

responsibility and a desire to represent and uplift my community through my
legal endeavors. Secondly, my motivation to pursue law is rooted in a personal
dream – the aspiration to be called “Vakil Saab.”
This dream reflects a cultural and societal significance that drives me to excel
in the legal field and make a positive impact. Furthermore, my academic
journey has been marked by the challenges posed by the COVID-19 pandemic,
which disrupted traditional learning and necessitated adjustments. Overcoming
these challenges showcased my adaptability and determination to excel even
in adverse circumstances.
Any advice you’d like to pass on to law school aspirants and

law students?
Passion, commitment, and a strong foundation are your allies in the legal
journey. Stay updated on legal developments, refine critical thinking, and
master research skills. Internships offer real-world insights, while networking
can provide valuable mentorship. Adaptability is key, as is upholding ethics and
integrity.
Don’t forget your well-being; balance is crucial. Explore specializations, prepare

thoroughly for the bar exam if practicing law, and seek mentorship. Contribute
to the public good through advocacy and, most importantly, enjoy the learning
and growth the legal field offers.
This interview is a part of our series #MyStory where we

interview law students and legal professionals.
Click here to submit your #LawSchoolJourney
Share this
CLAT UG
Join our Newsletter
Join Now
Join Now
Next Article
HOME / CLAT UG / Sample Logical Reasoning Questions for CLAT 2024
Sample Logical Reasoning Questions for CLAT 2024
Indrasish Majumder | Nov 06, 2023 | 5 min read
884 0
Share this CLAT UG

LOGICAL REASONIG QUESTIONS FOR CLAT
Preparing for CLAT UG 2024? Looking for Logical Reasoning Questions for
CLAT based on the latest pattern? Practice these Questions on Logical
Reasoning for CLAT 2024 and ensure a seat in the college of your dreams
today!
Questions on Flawed Reasoning
Question 1: “The new policy aims to reduce crime rates in the city by imposing
a curfew from 10 pm to 6 am.
” This will keep thieves off the streets throughout the evening hours.”
1. What is the error in the preceding reasoning?
2. A) False Cause
3. B) Ad Hominem
4. C) Broad Generalization
5. D) Posing a Question
Answer: C) Broad Generalization
Explanation: The fault in this argument is that it makes broad generalizations.

The speaker believes that all criminals are active exclusively at night and that
implementing a curfew will keep them off the streets, lowering crime rates.
This approach, however, oversimplifies the situation by assuming that all

criminals follow a strict schedule and that no crimes occur during the day. It
ignores other potential causes of crime and fails to consider that certain crimes
may happen during the day or in private settings. The program’s effectiveness
in reducing crime rates cannot be based merely on generalizing criminal
conduct based on time restrictions.
Question 2: “If you want to be successful in business, you must have an Ivy
League education.”
“Ivy League universities produced all of the world’s top entrepreneurs.”
What is the error in the preceding reasoning?
2. A) Circular Reasoning
3. B) Popularity Appeal
4. C) False Dichotomy
5. D) Red Herring
Answer: C)
Explanation: This argument’s problem is a false dichotomy. The speaker offers

only two options: an Ivy League education or failure in business. This
oversimplified logic disregards the notion that great entrepreneurs can come
from various educational backgrounds.
The argument incorrectly portrays the situation as an either-or choice when

business success is determined by multiple criteria other than the type of
university attended. Successful entrepreneurs can emerge from Ivy League and
non-Ivy League universities and alternative avenues of self-education and
experience.
Questions on Parallel Reasoning
Question 3: Read the following passage and choose which of the following
answer selections demonstrates parallel reasoning:
“Recent research indicates that people who meditate for a few minutes each
day have lower stress levels and better focus.”
“Similarly, people who practice mindfulness daily report improved emotional

well-being and cognitive capacities.”
Which of the following examples demonstrates parallel logic to the passage?
3. A) People who take short power naps during the day are more productive
and have improved memory recall.
4. B) Students who check their class notes every evening outperform their
peers in terms of exam performance and academic accomplishment.
5. C) People who exercise regularly have lower anxiety levels and perform
better in problem-solving activities.
6. D) Employees who participate in weekly yoga sessions report increased job

satisfaction and reduced burnout at work.
Answer: C)
Explanation: Option C demonstrates parallel thinking to the paragraph. The

original article describes two scenarios: meditating for a few minutes daily
reduces stress and improves focus. In contrast, regular mindfulness activities
enhance emotional well-being and cognitive capacities.
Option C extends this logic by claiming that people who engage in regular
physical exercise (similar to meditating or practising mindfulness daily) have
lower anxiety levels and perform better in problem-solving activities (identical
to improved focus and cognitive capacities). The passage and Option C
emphasise the need for consistent daily actions to achieve specific positive
outcomes.
“The city council implemented a policy to ban all plastic bags to reduce
environmental pollution,” says the passage. The amount of plastic garbage in
landfills fell dramatically due to this legislation. Similarly, “after the city
implemented a plastic recycling program, plastic waste in landfills decreased
even more.”
4. A) The school implemented a rigorous “no junk food” policy, which

enhanced the children’s overall health and well-being.
5. B) The number of road accidents in the city dropped by 30% with

implementation of a new traffic rule.
6. C) The company implemented a work-from-home policy, which enhanced

employee satisfaction and productivity.
7. D) A town added more public water fountains, which reduced the use of
single-use plastic water bottles.
Answer: D)
Explanation: Option D demonstrates parallel logic to the passage. The original

section outlines two scenarios: prohibiting plastic bags reduces plastic waste
in landfills, and implementing a plastic recycling program reduces plastic waste
even further.
Option D extends this logic by claiming that building more public water
fountains (similar to prohibiting plastic bags) minimizes the consumption of
single-use plastic water bottles (similar to reducing plastic waste in landfills).
The passing and Option D emphasizes the positive environmental impact of
specific initiatives that directly address the issue.
“Studies show that students who review their class material regularly, rather
than cramming before exams, perform better academically.”
“Individuals with regular physical activity rather than occasional challenging

exercises have more long-term health benefits”.
5. A) People who save money daily over time have greater financial security
than those who attempt to make substantial one-time investments.
6. B) Participants who practice a musical instrument daily improve more than

those who practice for long periods once a week.
7. C) Athletes who eat a balanced diet all year have superior endurance than
those who only eat a strict diet before contests.
8. D) Employees who attend business training sessions consistently gain

more excellent abilities than those who participate in special courses on an
as-needed basis.
Answer: B)
Explanation: Option B demonstrates parallel logic to the passage. The original

article discusses two scenarios: frequent study of class material enhances
academic success, and regular physical activity brings long-term health
advantages.
Option B extends this logic by claiming that participants who practice a musical
instrument every day (similar to reviewing class material regularly or engaging
in regular physical exercise) improve more than those who practice for
extended hours once a week (equivalent to occasional intense workouts). The
passage and Option B emphasize the benefits of consistent and regular
practice over sporadic and intense attempts.
For more questions on Logical Reasoning for CLAT, click
here!
Share this
CLAT UG
Join our Newsletter

Join Now
Join Now
Next Article
HOME / CLAT PG / Public Interest Litigation in India

Public Interest Litigation in India
Samridhi M | Nov 06, 2023 | 8 min read
1329 0
Share this CLAT PG
TABLE OF CONTENTS
Introduction
History of Public Interest Litigation
Characteristics of Public Interest Litigation
The Function of Writs in Filing a PIL
Landmark Case Laws on PIL
PIL and Right to Information Act, 2005
Introduction
In India, public interest litigation (PIL) has developed as an effective weapon for
securing social justice and protecting the rights of the marginalized and
impoverished. PIL, which was created by Justices Krishna Iyer and PN
Bhagwati, permits people or organizations to approach the courts on behalf of
persons who are unable to seek legal remedies on their own.
This post in our administrative law series delves at the history and idea of PIL,
the relationship between PIL and writs, the filing process, notable case laws,
and the relationship between PIL and the Right to Information Act, 2005.
History of Public Interest Litigation
In the 1980s, the establishment of Public Interest Litigation in India signified a

substantial change from the old legal system, which needed a directly affected
party with locus standi to approach the courts.
PIL was inspired by comparable schemes in the United States of America,

where public interest litigation had gained traction as a tool for addressing
social injustices and protecting the rights of marginalized populations.
Due to the constraints of the current legal structure in India, the need for a
wider approach to litigation became obvious. The traditional condition of locus
standi meant that only people who were directly affected by a breach of their
rights may seek remedy in the courts.
This was a tremendous challenge for individuals or groups that suffered social,
economic, or educational disadvantages and were unable to manage the legal
system’s intricacies.
Recognizing the need for a more comprehensive and accessible legal remedy,
the Indian judiciary pioneered the notion of PIL, headed by Justice Krishna Iyer
and Justice PN Bhagwati.
PIL broadened the scope of legal standing by allowing people or organizations

to submit petitions on behalf of those who faced legal impediments. These
obstacles might be caused by illiteracy, poverty, a lack of knowledge, or social
disadvantage. PIL allowed concerned citizens to act as advocates and seek
redress for structural concerns and social injustices affecting a broader part of
the community.
Characteristics of Public Interest Litigation
1. PIL focuses on problems of public interest that have a larger influence on

society. It focuses on issues that go beyond the petitioner’s personal
interests and seeks to solve structural issues, social inequities, and abuses
of constitutional rights.
2. PIL strives to preserve the fundamental rights of individuals or groups that
do not have the resources or awareness to approach the courts. It serves
as a check and balance to guarantee that the rights contained in the
Constitution are respected and enforced for the benefit of the general
population.
3. PIL enables access to justice for marginalized and underprivileged

members of society who confront obstacles in obtaining legal remedies. It
allows concerned citizens or organizations to file petitions on behalf of
persons who are unable to contact the courts owing to issues such as
illiteracy, poverty, or social disadvantage.
4. PIL strives for systemic change by addressing the core causes of social
issues and pushing for policy improvements. It strives to have a greater
impact than just offering relief to individual petitioners by contesting unfair
practises, discriminatory policies, or unlawful legislation.
5. Public officials are held accountable for their actions or inactions under PIL.
It fosters openness in governance by requiring information disclosure,
guaranteeing compliance with legal responsibilities, and avoiding abuse of
authority.
6. PIL fosters inclusivity by providing marginalized populations a voice and

empowering them to seek redress for abuses of their rights. It prioritizes
the interests of people who may not have previously had access to the
legal system.
7. Rather than restricted individual concerns, PIL focuses on the welfare and
interests of the public at large. It seeks to promote social justice, equality,
and societal well-being.
8. PIL frequently involves the active engagement of social activists, lawyers,

and non-governmental organizations (NGOs) working for social change and
the preservation of human rights. It promotes public participation and
engagement in legal issues of public interest.
9. PIL relies on the courts’ involvement to offer remedies, enforce basic rights,
and address matters within their authority. In PIL cases, the judge is critical
in interpreting and implementing constitutional guarantees.
The Function of Writs in Filing a PIL
Writs are legal orders issued by courts to defend basic rights, uphold the rule
of law, and ensure that public officials carry out their responsibilities. The
relationship between writs and PIL is crucial, as PIL frequently entails the filing
of writ petitions to address topics of public concern and safeguard the public’s
interests.
In PIL cases in India, there are five sorts of writs that can be used: habeas
corpus, mandamus, prohibition, certiorari, and quo warranto.
1. Habeas Corpus: The writ of habeas corpus is a judicial remedy that

protects individual liberty by granting relief from illegal detention or
incarceration. A habeas corpus writ may be issued in the context of PIL to
secure the release of persons who have been wrongfully detained or to
challenge arbitrary measures by state officials that infringe on individuals’
personal liberty.
2. Mandamus: A higher court issues a writ of mandamus to compel a lesser

court, public authority, or government official to execute their legal
responsibilities or obligations. A mandamus writ may be filed in a PIL to
require public officials to take essential steps or fulfil particular obligations
in the public’s interest, or to compel compliance with laws and regulations.
3. Prohibition: A prohibition writ is issued by a higher court to prevent a

subordinate court or tribunal from exceeding its jurisdiction or acting
outside of its legal authority. A prohibition writ may be issued in PIL to
dispute judgements or acts by lower courts or agencies that are
contradictory to law or breach natural justice principles.
4. Certiorari: A writ of certiorari is issued by a higher court to review and

overturn lower court, tribunal, or administrative body judgements or orders.
A writ of certiorari may be filed in PIL to challenge decisions or acts that
are arbitrary, illegal, or violate basic rights, with the goal of securing judicial
review and remedies.
5. Quo Warranto: A writ of quo warranto is issued to investigate a person’s

legal right to occupy a public office or position. A quo warranto writ may be
issued in PIL to challenge the eligibility or legality of people holding public
posts or positions, as well as to demand their removal if they are proven to
be unlawfully occupying such positions.
Landmark Case Laws on PIL
Several landmark cases have played an important role in defining Indian law on
Public Interest Litigation. These decisions established significant precedents
and concepts that influence the implementation and efficacy of PIL. Here are a
few noteworthy examples:
Union of India v. People’s Union for Democratic Rights: This landmark case
addressed the problem of cruel working conditions and low salaries for Asian
Games workers. The Supreme Court recognized the reality of bonded labour,
emphasizing the need of preserving workers’ rights. The case drew attention to
the condition of workers and emphasized the need of protecting their
fundamental rights.
Union of India v. Bandhua Mukti Morcha: This notable case included the
exploitation of bonded labourers working in a mine in Faridkot, Haryana, under
terrible conditions. After a PIL was filed, the Supreme Court ruled that refusal
to pay minimum wages constituted compelled labour, emphasising the violation
of basic rights. The case drew attention to the issue of bonded labour and
emphasised the importance of abolishing such practises.
Union of India v. MC Mehta: This significant case demonstrated the importance

and effectiveness of PIL in environmental preservation. The Supreme Court
adopted rules broadening the scope of PIL, including accepting letters as PIL
petitions.
The case also established the court’s competence to award victims
compensation and to form commissions to investigate violations of basic
rights. It also emphasized the need of public-private partnerships in resolving
environmental problems and respecting the rights of impacted persons and
communities.
PIL and Right to Information Act, 2005
PIL and the Right to Information Act (RTI) collaborate to promote transparency,
accountability, and participatory government in India. PIL protects the public
interest and forces systemic change, whereas the RTI Act allows people to get
information from public bodies. They both contribute to a transparent society
and hold authority accountable for their activities.
PIL permits anybody to file petitions on problems of public concern, such as

constitutional rights infringement and systemic challenges. It exposes
mismanagement, corruption, and human rights violations while encouraging
accountability and good government.
Meanwhile, the RTI Act gives individuals access to information, allowing them
to make educated decisions and hold government officials responsible. It
promotes openness by requiring public entities to share information and react
to requests on a proactive basis.
The link between PIL and the RTI Act is their emphasis on information access.
To support allegations, PIL frequently relies on information received under the
RTI Act. The RTI Act is critical in PIL lawsuits because it allows individuals to
obtain evidence to back up their allegations. PIL and the RTI Act work together
to promote openness, accountability, and citizen involvement.
PIL and the RTI Act work together to promote a more equitable and inclusive
society. They provide citizens the capacity to actively participate in
governance, exercise their rights, and demand accountability. PIL targets
systemic concerns, whereas the RTI Act offers the required information for
informed decision-making. This collaboration enhances both processes,
increasing openness and accountability.
In conclusion, public interest litigation and the RTI Act are essential
components of India’s legal structure, encouraging openness, accountability,
and participatory government. It protects the public interest and resolves
systemic concerns, whereas the RTI Act gives citizens access to information.
Share this
CLAT PG
Join our Newsletter

Join Now
Join Now
Next Article
HOME / CLAT PG / Practice Multiple Choice Questions on Contract Law for CLAT PG 2024
Practice Multiple Choice Questions on Contract Law for CLAT

PG 2024
91 0
Share this CLAT PG
MULTIPLE CHOICE QUESTIONS ON CONTRACT LAW
1. According to the Indian Contract Act of 1872, a minor’s agreement is:
A) Always valid
B) Voidable at the option of the minor
C) Void
D) Enforceable by the minor’s legal guardian
2. Consideration is defined under Section _____ of the Indian Contract Act.
A) Section 10
B) Section 23
C) Section 25
D) Section 37
3. Which of the following contracts must be in writing according to the Indian

Contract Act?
A) Contract of indemnity
B) Contract of agency
C) Contract of partnership
D) Contract for the sale of immovable property
4. A contract becomes void if it is:
A) Enforceable by law
B) Valid in the eyes of the law
C) Enforceable by the consent of the parties
D) Impossible to perform
5. An agreement without consideration is:
A) Valid
B) Void
C) Voidable
D) Enforceable by law
6. The period within which a suit must be filed to enforce a written contract is
_____.
A) 1 year
B) 3 years
C) 5 years
D) 7 years
7. Which section of the Indian Contract Act deals with contingent contracts?
A) Section 25
B) Section 32
C) Section 37
D) Section 42
8. An agreement in restraint of trade is:
A) Valid under all circumstances

B) Valid if reasonable
C) Always void
D) Voidable by one party
9. When does a proposal become a promise according to the Indian Contract

Act?
A) When it is accepted
B) When consideration is provided
C) When it is made in writing
D) When it is communicated
10. Which of the following is not an essential element of a valid contract?
A) Offer and acceptance

B) Competency of parties
C) Free consent
D) Registration
ANSWERS
1. c
2. b
3. d
4. d
5. b
6. b
7. b
8. c
9. a
10. d
For more Questions on Contract Law, click here!
Share this
CLAT PG
Join our Newsletter

Join Now
Join Now
Next Article
HOME / CLAT UG / CLAT 2024 Application Date Extended till November 10, 2023
CLAT 2024 Application Date Extended till November 10, 2023
271 0
Share this CLAT UG
Important Announcement Regarding CLAT 2024

Application Date
CLAT 2024 CLAT UG is one of India’s most acclaimed legal examinations for
admission to the five-year UG course at various National Law Universities.
The CLAT UG exam is held every year to admit eligible candidates to the
Integrated LLB program offered by the 22 participating NLUs, and only the top
5% of the total candidates are selected for various National Law Schools.
CLAT Consortium has extended the CLAT 2024 Application Date!

You can find the official notification by CLAT Consortium here.
As opposed to previous years, CLAT 2024 will comprise 120 questions instead
of 150. Candidates will have 2 hours to complete the test.
CLAT UG 2024 Application
Steps to Register for CLAT Exam 2024
The candidates are required to register themselves at the CLAT 2024

website by using personal mobile number and e-mail Id.
An OTP will be sent to the registered mobile number for validation upon
registration
Once the mobile number has been validated, candidates can log in using
the registered mobile number and the password provided at the time of
registration.
Steps to Apply for CLAT Exam 2024
Once you log in using the number and password provided at the time of
registration, you can start filling up the application form.
Fill up accurate and relevant information as asked for in the application

form.
Submit all relevant documents in PDF format only.
Pay the application fee [Rs 4000 for General/OBC/PwD/NRI/PIO/OCI

candidates and Rs 3500 for SC/ST/BPL candidates ]
Documents to be uploaded with the Application form
1. Front facing passport size recent photograph with plain background
2. Signature of the candidate
3. Category certificate if you are applying under SC/ST/OBC
4. Relevant certificate issued by a competent authority if the candidate is

applying under P.W.D
5. Relevant certificate issued by a competent authority if the candidate is

applying under the BPL category
To know more about CLAT 2024, click here!
To begin preparing for CLAT 2024, click here!
Share this
CLAT UG
Join our Newsletter
Join Now
Join Now
Next Article
HOME / CLAT UG / Practice Important Reading Comprehension Questions for CLAT 2024
Practice Important Reading Comprehension Questions for

CLAT 2024
77 0
Share this CLAT UG
READING COMPREHENSION QUESTIONS FOR CLAT
CLAT 2024 will test your ability to understand, analyze and extract information
from passages. Practice Reading Comprehension Questions for CLAT 2024 and
improve your score in the exam today!
PASSAGE
The rationalizing of society can be conceptualized as the pursuit of efficiency,

predictability, calculability, and control through technology. But rational
systems inevitably spawn a series of irrationalities that result in the
compromising and perhaps even the undermining of their rationality. Fast-food
restaurants, which epitomize the rational model, proffer the fastest means of
getting from a hungry state to a sated one, without surprises, at low cost, in a
carnival-like setting suggesting that fun awaits the consumer at each visit.
The wholesomeness of the food seems an insignificant consideration. Whereas
in the past, working people were prepared to spend up to an hour preparing
dinner, they now are impatient if a meal is not on the table within ten minutes.
(For their part, some fast-food restaurants have developed chairs that become
uncomfortable after about twenty minutes, to ensure that diners do not stay
long.)
Fast-food restaurants have preferentially recruited adolescent help, at least

until recently, because this age group adjusts more easily than adults do to
surrendering their autonomy to machines, rules, and procedures. Few skills are
required on the job, so workers are asked to use only a minute portion of their
abilities.
This policy is irrational from the standpoint of the organization, since it could
obtain much more from its employees for the money (however negligible) it
pays them. These minimal skill demands are also irrational from the perspective
of the employees, who are not allowed to think or to respond creatively to the
demands of the work. These restrictions lead to high levels of resentment, job
dissatisfaction, alienation, absenteeism, and turnover among workers in fast-
food franchises.
In fact, these businesses have the highest turnover rate of any industry in the
U.S. The entire workforce of the fast-food industry turns over three times in a
year. Although the simple, repetitive nature of the work makes it easy to
replace those who leave, the organization would clearly benefit from keeping
employees longer.
The costs of hiring and training are magnified when the turnover rate is
extraordinarily high. The application of the rational model to the house-building
process in the 1950s and ’60s led to suburban communities consisting of
nearly identical structures. Indeed, it was possible to wander into the residence
of someone else and not to realize immediately that one was not at home.
The more expensive developments were superficially more diversified, but their
interior layouts assumed residents who were indistinguishable in their
requirements. Furthermore, the planned communities themselves look very
similar. Established trees are bulldozed to facilitate construction.
In their place, a number of saplings, held up by posts and wire, are planted.
Streets are laid out in symmetrical grid patterns. With such uniformity,
suburbanites may well enter the wrong subdivision or become lost in their
own.Many of Steven Spielberg’s films are set in such suburbs.
Spielberg’s strategy is to lure the viewer into this highly repetitive world and
then to have a completely unexpected event occur. For example, the film
Poltergeist takes place in a conventional suburban household in which evil
spirits ultimately disrupt the sameness. (The spirits first manifest themselves
through another key element of the homogeneous society—the television set.)
The great success of Spielberg’s films may be traceable to a longing for some
unpredictability, even if it is bizarre and menacing, in increasingly routinized
lives.
1.According to the passage, how can the rationalization of society be

described?
A) The pursuit of diversity and creativity through technology.
B) The pursuit of efficiency, predictability, calculability, and control through

technology.
C) The promotion of individual autonomy and self-expression.
D) The embrace of unpredictability and chaos.
2. What is the primary focus of fast-food restaurants, as described in the

passage?
A) Providing wholesome and high-quality food.
B) Offering a fun and entertaining dining experience.
C) Minimizing meal preparation time.
D) Hiring skilled and experienced workers.

3. According to the passage, why do fast-food restaurants prefer to recruit
adolescent help?
A) Because adolescents are more skilled in food preparation.
B) Because adolescents are more likely to follow rules and procedures.
C) Because adolescents are cheaper to hire.
D) Because adolescents are known for their creativity.
4. What is the main consequence of the minimal skill demands imposed on

fast-food workers, as mentioned in the passage?
A) High levels of job satisfaction.
B) Low turnover rates.
C) Resentment and job dissatisfaction.
D) Increased organizational profits.
5. According to the passage, why do fast-food businesses have a high turnover

rate?
A) Because the work is too challenging for employees.
B) Because they invest in extensive training programs.
C) Because employees are not allowed to think creatively.
D) Because employees become alienated and dissatisfied.
6. How does the passage characterize the suburban communities built in the
1950s and ’60s?
A) As highly diverse and unique.
B) As featuring nearly identical structures and layouts.
C) As catering to residents with distinct requirements.
D) As promoting unpredictability and chaos.
7. What is the primary reason for the uniformity described in suburban

developments in the passage?
A) To encourage individual expression.
B) To facilitate navigation for residents.
C) To increase construction efficiency.
D) To minimize costs.
8. According to the passage, what strategy does filmmaker Steven Spielberg

employ in his films set in suburban settings?
A) He portrays suburban life as highly diverse and unpredictable.
B) He emphasizes the benefits of uniformity and routine.
C) He lures viewers into a repetitive world and introduces unexpected events.
D) He promotes the idea of a homogeneous society.
9. What does the passage suggest about the viewers’ response to Spielberg’s
films?
A) Viewers appreciate the predictability of suburban life depicted in his films.

B) Viewers are drawn to the bizarre and menacing aspects of suburban
settings.
C) Viewers prefer films with no surprises or disruptions.
D) Viewers dislike the concept of homogeneous societies.
10. In the context of the passage, what is the central irony related to the
rationalization of fast-food restaurants and suburban communities?
A) Rationalization consistently leads to improved job satisfaction.
B) Rationalization undermines the pursuit of efficiency and predictability.
C) Rationalization unintentionally creates uniformity and monotony.
D) Rationalization ensures that employees are highly skilled and creative.
ANSWERS
1.B) The pursuit of efficiency, predictability, calculability, and control through

technology.
2.C) Minimizing meal preparation time.
3.B) Because adolescents are more likely to follow rules and procedures.
4.C) Resentment and job dissatisfaction.
5.D) Because employees become alienated and dissatisfied.
6.B) As featuring nearly identical structures and layouts.
7.C) To increase construction efficiency.
8.C) He lures viewers into a repetitive world and introduces unexpected events.
9.B) Viewers are drawn to the bizarre and menacing aspects of suburban
settings.
10.C) Rationalization unintentionally creates uniformity and monotony.
For more such Reading Comprehension questions for CLAT,

click here!
Share this
CLAT UG
Join our Newsletter

Join Now
Join Now
Next Article
HOME / CLAT PG / Detailed Notes on Article 26 of Indian Constitution
Detailed Notes on Article 26 of Indian Constitution
262 0
Share this CLAT PG
TABLE OF CONTENTS
Introduction
Scope and Application of Article 26 of Indian Constitution
Judicial Interpretation of Article 26 of Indian Constitution
Conclusion
Introduction
Article 26 of the Indian Constitution, under Part III that deals with fundamental
rights, addresses the right to manage religious affairs. It grants freedom to
every religious denomination or any section thereof, subject to public order,
morality, and health, to manage its religious affairs. It ensures that religious
communities have the autonomy to manage their religious institutions and
matters pertaining to their faith without external interference.
Article 26 plays a vital role in upholding India’s secular fabric by ensuring

religious diversity and freedom. It safeguards the plurality of beliefs and
practices, enabling various religious communities to manage their religious
affairs independently.
Scope and Application of Article 26 of Indian Constitution
Article 26 grants the right to religious denominations, sections, or groups to

manage their religious affairs, which encompasses the right to establish and
maintain religious institutions, manage their properties, and administer their
rituals, ceremonies, and customs.
It ensures that religious organizations have the freedom to conduct and

regulate their religious practices, manage their internal affairs, and govern their
religious properties without undue interference from the state or other external
entities.
The freedom to manage religious affairs is subject to certain limitations. Article

26 specifies that this right is subject to public order, morality, and health,
implying that the exercise of this right should not infringe upon these essential
considerations.
The limitation clause allows the state to regulate religious practices that may
pose a threat to public order, morality, or health. It enables the state to balance
the rights of religious denominations with the broader societal interests and
necessities.
Judicial Interpretation of Article 26 of Indian Constitution
Over the years, the Indian judiciary has played a crucial role in interpreting and
delineating the scope and application of Article 26. Various landmark
judgments, including cases related to the management of religious institutions,
have helped define the boundaries of this fundamental right.
Courts have often grappled with balancing the autonomy of religious

denominations and the state’s interest in regulating religious institutions. They
aim to ensure that religious freedoms are protected without compromising the
welfare of the society at large.
Shirur Mutt Case

This case involved the management and administration of the Shirur Mutt, a
religious institution. The Supreme Court, in its judgment, elucidated on the
scope of religious practices and the autonomy of religious denominations. The
court held that the state could not interfere with religious practices unless they
were found to be of a secular character and not essential religious practices.
Sardar Syedna Taher Saifuddin Saheb vs. State of Bombay
In this case, the court deliberated on the issue of religious practices and their
interference by the state. The Supreme Court emphasized that the state should
not interfere in religious affairs unless the practices were in violation of public
order, morality, or health. The judgment reinforced the autonomy of religious
institutions in managing their internal affairs.
Durgah Committee, Ajmer vs. Syed Hussain Ali
The case involved a dispute over the management of the Durgah. The court
ruled that the practice of removing a Sajjadanashin by a court order is
impermissible. It emphasized that religious denominations have the right to
manage their religious institutions and that the state should refrain from
interfering unless there are substantial reasons.
Sri Venkataramana Devaru vs. State of Mysore
In this case, the Supreme Court ruled that the management of religious
institutions, including properties and rituals, is the exclusive right of the
religious denomination. The judgment affirmed that state intervention should
be minimal and only in exceptional circumstances where public order, morality,
or health is threatened. The Supreme Court decision was on whether the
restrictions on entry into temples for some sections, were “ essential part of
the Hindu religion”. It held that such practices are unconstitutional and void,
and opened the temples for all Hindus.
Conclusion
In conclusion, Article 26 of the Indian Constitution is a crucial provision that
safeguards the right of religious denominations to manage their religious
affairs. It upholds the autonomy of diverse religious groups, allowing them to
practice, preserve, and propagate their faith and traditions.
While ensuring religious freedom, it also acknowledges the state’s legitimate

interests in maintaining public order, morality, and health. The article serves as
a cornerstone in protecting India’s religious diversity and pluralistic ethos, while
also posing challenges in reconciling conflicting interests and social reforms in
the context of religious practices and institutions.
Also Read: Notes on Article 25 of Indian Constitution
Share this
CLAT PG
Join our Newsletter

Join Now

Join Now
Next Article
HOME / CLAT UG / Previous Year Question Papers of CLAT-Free PDF Download
Previous Year Question Papers of CLAT-Free PDF Download
Sanya Ambastha | Nov 03, 2023 | 3 min read
9018 0
Share this CLAT UG
As you begin with your preparation for CLAT 2024, it is essential to understand
the importance of using the correct resources in the correct way and at the
correct time. One of THE MOST important resources which could help you are
Previous Year’s Question Papers of CLAT.
Read this article to find out how previous year question papers of CLAT can
help you ace the test!
1. Understanding the pattern:
CLAT previous years’ papers are a great help in understanding the pattern of
the exams. While consortium has, in the past, changed the pattern of questions
frequently, they have usually been on a superficial level. The basic concepts
behind the questions remain the same.
For example, the passages in the Reading Comprehension section require a
detailed understanding of the passage. They are sometimes time-intensive,
and thus, need a fast reading and comprehension speed. The Quantitative
Techniques Section, regardless of whether it is in the form of Data
Interpretation or not, tests arithmetic topics such as percentages, ratio and
proportion, etc. Solving the previous years’ papers will give you an idea of the
type of questions that can be asked. For CLAT 2024, provided that the CLAT
2023 pattern is followed, candidates can follow previous year question paper
of CLAT.
2. Time Management:
Solving previous years’ papers will help you understand the time you take in
solving a 120 minute paper. All papers have been set according to this timing,
with some being lengthy and some less time-taking. Practicing such papers will
make you sufficiently prepared to attempt any paper that comes, of whichever
difficulty level or length. It also helps you figure out how much time you need to
spend solving each section.
3. Understanding the difficulty level:
Previous years question paper of CLAT can help you understand the difficulty
level or the quality of questions of the paper. If you have successfully
attempted all previous years’ papers, with varying levels of difficulty, you will
be in a much better position to face different kinds of papers.
4. Getting a feel of the exam:
This is extremely important when you are preparing for CLAT. If you haven’t
already started doing this, start now. Attempt these papers as if you are sitting
in a real exam. Follow the timing accurately, no distractions or breaks in
between. Do it offline, with an OMR Sheet. This will help you understand the
amount of time you take in filling OMR MCQ bubbles. Do it with different types
of pens, find one that works the best for you. Do it with a watch tied around
your wrist, preferably a watch that you will wear on the exam day. After the
exam is over, analyze the paper, properly. Focus on where you might have
scored better, but didn’t because of small mistakes. Learn from your mistakes
and improve on that.
Download Previous Year Question Papers of CLAT for free!
CLAT 2023 UG Question Paper Download here
Download free mock papers for CLAT here!
Free Mock for CLAT- 1
Free Mock for CLAT- 2
Share this
CLAT UG
Join our Newsletter


Join Now
Join Now
Next Article
HOME / CLAT UG / Practice Important Legal Reasoning Questions for CLAT 2024
Practice Important Legal Reasoning Questions for CLAT 2024
Indrasish Majumder | Nov 02, 2023 | 11 min read
112 0
Share this CLAT UG
Practice these important Legal Reasoning Questions for

CLAT today to improve your score in CLAT 2024!
LEGAL REASONING QUESTIONS FOR CLAT
In its recent order referring the batch of petitions challenging the constitutional
validity of Sedition law under Section 124A of the Indian Penal Code to a bench
of at least five judges, the Supreme Court noted that the judgement in Kedar
Nath Singh v. State of Bihar (1962), which had upheld the provisions of Section
124A, had not considered the aspect of Articles 14 of the Constitution in the
matter.
The petitioners in the case had argued that the expressions used in the section
were vague, over-broad, and amenable to arbitrary use. Thus, the same
violated Article 14 of the Indian Constitution. It was asserted that this aspect of
the matter was not considered in the judgement in Kedar Nath Singh.
It was submitted that Section 124A had only been tested on Article 19(1)(a).
However, in view of the development of law that had taken place since the
judgment in Kedar Nath Singh, it would be necessary to re-evaluate the validity
of Section 124A on the basis of the ambit of Articles 14 and 21 of the
Constitution.
The Supreme Court in its order took note of the same and remarked that in the
Kedar Nath Singh judgement, the Court held that the provision of Section 124A
made it clear that the section aimed at rendering only such activities penal
which would be intended to create “disorder or disturbance of public peace by
resort to violence“. In light of the same, the Court had held that Section 124A
would be consistent with Article 19(1)(a). However, the court stated–
“There was no challenge on the ground that Section 124A violated Article 14
nor did the Constitution Bench have occasion to consider the validity of the
provision against a constitutional challenge on the basis of Article 14.
The position as it has evolved in constitutional jurisprudence is that

fundamental rights do not exist in silos. There is, in other words, a coalescence
of several of the rights protected by Part III. Article 14, which presents an
overarching principle of reasonableness permeates Articles 19 and 21 as well.”
In light of the same, in the last hearing of the matter, a three-judge bench led
by CJI DY Chandrachud had stated that a reference to a larger bench was
needed in the matter as the provision was upheld by a 5-judge bench in the
1962 judgment Kedar Nath Singh v. State of Bihar and being a smaller bench, it
may not be appropriate for it to doubt or overrule Kedar Nath.
The bench had stated in its order that Kedar Nath was decided on the basis of
the narrow understanding of the fundamental rights which was prevalent then.
Also, Kedar Nath examined the issue only from the angle of Article 19, as per
the understanding of Constitutional law prevalent then that the fundamental
rights operate in distinct silos.
Later, this understanding of law changed in view of subsequent judgments

which held that Articles 14, 19 and 21 operate in harmony. Further, the bench
had turned down the request made by the Central Government to defer the
hearing due to the introduction of a new bill in the Parliament to replace the
Indian Penal Code.
The bench remarked that even if the new Bill becomes a law, the past cases
under Section 124A IPC will not be affected as the new penal law can only
apply prospectively. Therefore, the new law will not obviate the need for a
constitutional adjudication on the validity of the provision, the bench stated in
its earlier order.
[Source: Borrowed with edits and revisions from “Sedition Law Challenge,
Supreme Court says 1962 Kedar Nath Singh decision didn’t consider Article 14
aspect” by Padmakshi Sharma, 16th September, 2023]
1. What is the maximum punishment for the offence of sedition under Article
124A IPC?
A) Imprisonment for up to 5 years
B) Imprisonment for up to 10 years
C) Imprisonment for life
D) Fine without imprisonment
E) No punishment
Explanation
Option (b) is correct. Article 124A IPC prescribes imprisonment for up to 10

years as the maximum punishment for the offence of sedition. This indicates
that individuals convicted of sedition can face a substantial period of
imprisonment.
2. An individual publishes a book that analyzes historical instances of sedition

charges in India and criticizes specific instances where they were allegedly
misused for political purposes. The book became popular and sparked public
debate. The author is subsequently charged under Section 124A of the IPC.
Which of the following statements is correct?
A) The charge is valid because any critical examination of sedition laws is

seditious.
B) The charge is invalid because academic research and scholarly publications
are protected under Article 19(1)(a).
C) The charge is valid only if it can be proven that the book intended to incite
violence.
D) The charge is valid only if it can be proven that the book caused disorder or
disturbance of public peace.
E) The charge is invalid because Section 124A is unconstitutional in its entirety.
Explanation
Option (b) is correct. In this scenario, the charge is invalid because academic
research and scholarly publications are protected under Article 19(1)(a) of the
Indian Constitution, and critical examination of sedition laws does not
automatically constitute sedition.
3. What is the key element that must be present for an act to be considered
seditious under Article 124A IPC?
A) Criticizing the government’s policies
B) Advocating for the overthrow of the government by violent means
C) Expressing dissent or disagreement with government actions
D) Engaging in peaceful protests against government decisions
E) None of the above
Explanation
Option (b) is correct. To be considered seditious under Article 124A IPC, an act
must involve advocating for the violent overthrow of the government. Mere
criticism or peaceful dissent does not constitute sedition.
4. A group of individuals created a satirical cartoon series that portrays
government officials in a humorous and critical light without advocating
violence. They distribute the cartoons on social media, and some government
officials file sedition charges against them under Section 124A of the IPC.
Which of the following statements is correct?
A) The charge is valid because any criticism of government officials falls under
Section 124A.
B) The charge is invalid because satire and artistic expression are protected
under Article 19(1)(a).
C) The charge is valid only if it can be proven that the cartoons were intended
to incite violence.
D) The charge is valid only if it can be proven that the cartoons caused disorder
or disturbance of public peace.
Explanation
Option (b) is correct. In this scenario, the charge is invalid because satire and
artistic expression are protected forms of speech under Article 19(1)(a), and
they do not automatically constitute sedition.
5. Which international principles are relevant when assessing the compatibility

of Article 124A IPC with freedom of speech standards?
A) None, as Article 124A is solely based on Indian law.
B) Universal Declaration of Human Rights (UDHR)
C) International Covenant on Civil and Political Rights (ICCPR)
D) Both (b) and (c)

E) Only b), but not c)
Explanation
Option (b) and (c). Article 124A’s compatibility with freedom of speech
standards is assessed in light of international principles, including the UDHR
and ICCPR, which India has ratified. These principles influence the
interpretation and application of Article 124A IPC in the context of free speech
rights.
6. A group of individuals publishes a satirical newspaper that humorously

criticizes government policies and officials without advocating violence. The
newspaper became widely popular, but some government officials filed
sedition charges against the publishers under Section 124A of the IPC. Which
of the following statements is correct?
A) The charge is valid because any criticism of government policies and

officials falls under Section 124A.
B) The charge is invalid because satire and humorous criticism are protected
forms of speech under Article 19(1)(a).
C) The charge is valid only if it can be proven that the newspaper intended to
incite violence.
D) The charge is valid only if it can be proven that the newspaper caused
disorder or disturbance of public peace.
Explanation
Option (b) is correct. Satire and humorous criticism are protected forms of
speech under Article 19(1)(a), and they should not be automatically considered
seditious.
7. A group of activists conducts a street play that portrays a fictional
government and its oppressive policies. The play is performed in a public park
and is intended to raise awareness about the importance of protecting civil
liberties. Subsequently, they are charged under Section 124A of the IPC. Which
of the following statements is correct?
A) The charge is valid because any portrayal of a fictional oppressive

government falls under Section 124A.
B) The charge is invalid because artistic expression and street performances

are protected under Article 19(1)(a).
C) The charge is valid only if it can be proven that the street play was intended
to incite violence.
D) The charge is valid only if it can be proven that the street play caused
disorder or disturbance of public peace.
Explanation
Option (b) is correct. Artistic expression and street performances are protected
forms of speech under Article 19(1)(a), and this scenario should not be
automatically considered seditious.
8. A charismatic leader gathers a massive following and publicly declares the

formation of a parallel government, complete with its own flag and
administrative structure, within a specific region of India. The leader proclaims
that this parallel government will not abide by the laws and authority of the
Indian government. Can this leader be charged with sedition under Section
124A of the IPC?
A) Yes, because the creation of a parallel government challenges the authority

and integrity of the nation and can be considered seditious.
B) No, because expressing a desire for regional autonomy is protected under
Article 19(1)(a) of the Indian Constitution.
C) Yes, but only if it can be proven that the leader intends to incite violence or
public unrest.
D) No, unless the leader explicitly calls for the use of violence to achieve their
goals.
E) Yes, if the Indian government believes the leader’s actions pose a serious
threat to national security.
Explanation
Option (a) is correct. In this scenario, the leader’s actions involve the creation
of a parallel government, which challenges the authority and integrity of the
nation and can be considered seditious.
9. An individual publicly broadcasts a message advocating for the complete

overthrow of the Indian government through a nationwide armed uprising. This
individual calls for the mobilization of armed militias and urges citizens to take
up arms against government forces. Can this individual be charged with
sedition under Section 124A of the IPC?
A) Yes, because actively advocating for the violent overthrow of the

government through armed rebellion constitutes sedition.
B) No, because freedom of speech includes the right to express revolutionary

ideas, even if they challenge the government’s authority.
C) Yes, but only if it can be proven that the individual intends to incite violence
or public unrest.
D) No, unless the individual directly incites violence or instructs others to

commit violent acts.
E) Yes, if the government believes the individual’s actions pose an imminent
threat to national security.
Explanation
Option (b) is correct. In this scenario, the individual is actively advocating for
the violent overthrow of the government through armed rebellion, which
constitutes sedition.
10. A group of individuals publicly burned the Indian national flag in a

coordinated nationwide protest. They declare that the flag symbolizes
oppression and injustice, and they want to symbolically reject the authority of
the Indian state. Can these individuals be charged with sedition under Section
124A of the IPC?
A) Yes, because burning the national flag in a coordinated protest challenges

the integrity of the nation and can be considered seditious.
B) No, because symbolic acts of protest, even if controversial, are protected

under Article 19(1)(a) of the Indian Constitution.
C) Yes, but only if it can be proven that the individuals intend to incite violence
or public unrest.
D) No, unless the individuals explicitly call for the use of violence to achieve
their goals.
E) Yes, if the government believes the individuals’ actions undermine national

unity and integrity.
Explanation
Option (a) is correct. In this scenario, the coordinated burning of the national
flag challenges the integrity of the nation and can be considered seditious.
To practice more Legal Reasoning Questions for CLAT, click
here!
Share this
CLAT UG
Join our Newsletter

Join Now
Join Now
Next Article
HOME / CLAT PG / Landmark Cases on Judicial Activism in India

Landmark Cases on Judicial Activism in India
115 0
Share this CLAT PG
Introduction
The early cases of judicial activism in India are significant milestones in the
country’s legal landscape. These cases reflect the judiciary’s proactive role in
interpreting and safeguarding constitutional principles. Here is an overview of
some of these critical cases:
Cases on Judicial Activism in India
1. Privy Purse Case (Madhav Rao Jivaji Rao Scindia v. Union of India, 1970)
The case revolved around the president’s authority to de-recognize princes and
abolish their petty purses. The Court ruled that executive power, as per Article
53 of the Constitution, must be exercised “in accordance with the law”. It could
not be used to destroy the Constitution. The act of “de-recognizing” rulers
without providing for the continuation of their rule was declared illegal.
2. R C. Cooper v. Union of India (1970)
This case questioned the legislative competence of Parliament to enact the

Banking Companies (Acquisition and Transfer of Undertakings) Act, known as
the Bank Nationalization Act. The court struck down the Act due to its
unreasonableness, as it effectively made it impossible for the banks to carry on
any business.
3. Golaknath v. State of Punjab (1971)
The case dealt with the constitutional validity of the 17th Amendment to the
Constitution and introduced the concept of “prospective overruling.” The court
held that Parliament could not amend Part III of the Constitution or abridge
fundamental rights.
4. Keshavananda Bharti v. State of Kerala (1973)
The case focused on the extent of the amending power under Article 368 of
the Constitution. The court introduced the theory of the “basic structure,”
asserting that Parliament could amend the Constitution but not abrogate its
basic structure.
5. VC Shukla v. Delhi Admin. (1980)
This case examined the legislative competence of the state to establish special
courts for high public office offences. The court upheld the validity of such
courts and clarified that the “basic structure” theory applied only to
constitutional amendments, not ordinary laws.
6. Bhagalpur Blinding Case (Khatri (II) v. State of Bihar, 1980)
The court ruled that Article 21 included the right to free legal aid for people
experiencing poverty and the right to legal representation. It emphasized the
need to produce arrested individuals before a magistrate within 24 hours.
7. Fertilizer Corporation v. Kamgar Union v. Union of India (1981)
The court held that the sale of a public enterprise’s plant and machinery,
resulting in retrenchment, did not violate Article 19(1)(g) rights. It clarified the
jurisdiction of the Supreme Court under Article 32.
8. V. Vaitheeswaran v. State of TN (1981)

These cases addressed the delay in executing the death sentence. While the
former allowed commutation after a two-year delay, the latter overruled this
view, considering the convict’s conduct.
9. Judges Transfer Case (S. P. Gupta v. Union of India, 1983)
The court clarified the meaning of “consultation” in Article 124(2) and asserted
executive supremacy in judicial appointments. This view was later overruled in
S.C. Advocates-on-Record Association v. Union of India (1993) to ensure
judicial supremacy in such appointments.
10. R. Antulay v. R. S Nayak (1984)
In a case involving prior sanction for prosecuting a public servant, the court
clarified that an MLA was not considered a ‘public servant’ under the relevant
clauses due to the source of remuneration. These cases laid the foundation for
judicial activism in India, highlighting the judiciary’s vital role in interpreting and
upholding constitutional principles and rights.
The PIL Era: A Peak in Judicial Activism in India
In the era of public interest litigation (PIL), several judges, such as V. R. Krishna
Iyer, P. N. Bhagwati, Chinnappa Reddy, and D. A. Desai, played pivotal roles in
shaping judicial activism in India. During this period, we witnessed a shift in the
locus standi rule, expanding access to justice. Initially conceived to empower
the disadvantaged, PIL aimed to relax the stringent requirements of locus
standi.
Hussainara Khatoon v. State of Bihar (1979): A Turning Point
The Supreme Court’s first PIL action addressed the plight of prisoners awaiting
trial who had languished in jails for extended periods.
The court issued directives to relieve these prisoners, marking the beginning of
PIL’s prominence.
Sunil Batra v. Delhi Admin. (1980)
The Supreme Court delivered a historic judgment in the case of Sunil Batra vs.
Delhi Administration in 1978. The judgment expanded the scope of prisoners’
rights and laid down guidelines to prevent custodial torture and protect the
dignity of prisoners. The court recognized that prisoners, despite their
conviction, retained fundamental rights and should be treated humanely.
The case had a significant impact on prison reforms and the treatment of
prisoners in India. It led to the formulation of guidelines and directives to
safeguard the rights of prisoners, ensuring their protection from inhumane
treatment and torture.
Sheela Barse v. Union of India (1983)
Sheela Barse’s PIL addressed the deplorable conditions faced by women

prisoners, particularly those who were pregnant or had young children living
with them in jails. Her petition highlighted the lack of basic amenities,
inadequate healthcare, and the absence of facilities for children in prisons. She
sought the court’s intervention to improve the living conditions for incarcerated
women and their children.
The Supreme Court, in response to Barse’s PIL, issued several directives and
guidelines to ensure the protection of the rights of women prisoners and their
children. The court emphasized the need for better healthcare, nutrition,
education, and other essential facilities for both mothers and their children
living in jails.
Judicial Activism and Environmental Jurisprudence
The growth of environmental jurisprudence in India owes much to PIL cases

and the judiciary’s activist approach. Fundamental principles and doctrines
emerged in this context, focusing on sustainable development and the polluter-
pays principle.
The Oleum Gas Leak Case

The Supreme Court expanded its authority under Article 32 and established
the doctrine of absolute liability for damages brought about by hazardous
industries. The court incorporated principles from international agreements like
the Stockholm Declaration, the Rio Declaration, and the Kyoto Protocol.
Additionally, Fundamental principles such as “sustainable development” took
root in Indian environmental jurisprudence.
Narmada Bachao Andolan
The court ensured that dam construction did not harm displaced people’s
employment, shelter, or homes. State governments were directed to provide
rehabilitation before proceeding with development projects.
The Importance of Judicial Restraint
In maintaining the delicate balance of power in a democracy, the judiciary has

highlighted the need for judicial restraint. Justice Markandey Katju’s
perspective underscores the importance of maintaining a separation of powers.
As per the judge, the judiciary, legislature, and executive each have distinct
spheres of operation under the Constitution. Judicial restraint is crucial to
preventing encroachment upon the domain of other branches and fostering
equality among them. He further opines that judicial restraint safeguards the
independence of the judiciary, preventing it from becoming embroiled in
political and administrative processes.
The distinction between judicial activism and judicial overreach is vital for the
effective functioning of a constitutional democracy. Recognizing and
maintaining this boundary ensures the separation of powers and the
supremacy of the Constitution.
Conclusion
In conclusion, judicial activism is a double-edged sword. When wielded with

wisdom and prudence, it can be a force for positive change, upholding the
values of justice, liberty, and equality. However, it must always be tempered
with restraint, guided by a deep sense of responsibility, and mindful of the
Constitution’s spirit. Only through this careful balance can judicial activism
genuinely serve the cause of justice and contribute to the flourishing of
democratic societies.
Also Read: Judicial Overreach, Judicial Restraint and

Judicial Activism in India
Share this
CLAT PG
Join our Newsletter

Join Now
Join Now
+91 9711850703
tanuj.kalia@lawctopus.com
Office hours: 10.30 am - 7 pm
USEFUL LINKS
About Us
Ask a Question
Advertise
Contact Us
CONNECT
© 2023 - Lawctopus | Privacy Policy | Terms of Service

Cross-Examination of Witness Under The Indian Evidence Act - A Comprehensive Overview

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Cross-Examination of Witness Under The Indian Evidence Act - A Comprehensive Overview

Uploaded by

Copyright:

Available Formats

HOME / CLAT PG / Cross-Examination of Witness under the Indian Evidence Act: A Comprehensive

Cross-Examination of Witness under the Indian Evidence Act:

Ruchika Mohapatra | Oct 27, 2023 | 5 min read

Share this CLAT PG

Cross-Examination under Indian Evidence Act

Provisions for Cross-Examination under Evidence Act

Examination of a witness can be done in 3 steps. First, ‘Examination-in-Chief‘

Cross-Examination under Indian Evidence Act

Cross-examination is a fundamental component of the legal process and plays

The process of cross-examination in India is governed by the Indian Evidence

Cross-examination is a crucial element of the adversarial system of justice. It

Cross-examination serves several essential purposes:

a. Testing Witness Credibility One of the primary functions of cross-

b. Uncovering Inconsistencies Cross-examination allows the opposing party to

c. Revealing Bias or Prejudice Cross-examination can expose any bias,

d. Clarifying Ambiguous or Vague Testimony Cross-examination can seek

e. Eliciting Favorable Information Cross-examination is not solely about

Provisions for Cross-Examination under Evidence Act

a. Section 137 – Examination-in-Chief, Cross-Examination, and Re-Examination

This section establishes the sequence of examination during a trial. It outlines

b. Section 138 – Order of Production and Examination of Witnesses

Section 138 details the order in which witnesses are to be examined. It

c. Section 139 – Cross-Examination of a Person Called to Produce a Document

This section pertains to the cross-examination of a witness who has been

d. Section 140 – Witnesses to character may be cross-examined and re-

e. Section 145 – Cross-Examination as to previous statements in writing

Every statement given by a witness must be reduced to writing. At a later stage

e. Section 146 – Questions Lawful in Cross-Examination

Section 146 states that during cross-examination of a witness, he may be

Test the accuracy or truthfulness of his statements

Understand more about the witness.

To denounce his credibility.

b. Impeachment Cross-examiners may impeach the credibility of the witness

c. Challenging the Witness’s Memory Cross-examiners may question the

d. Confronting with Prior Statements Cross-examiners may confront the

e. Establishing Motive or Bias Cross-examination may explore any motives,

f. Force the Witness to Admit Cross-examiners may use persistent questioning

Also Read: Confession under Indian Evidence Act

Join our Newsletter

Email Address Subscribe

Join our WhatsApp Group

Join our Telegram Group

In Conversation with Kishor Biradar (Osmania University and

Ruchika Mohapatra | Nov 07, 2023 | 8 min read

Share this CLAT UG

In this Conversation with CLATalgoue, Kishor Biradar who

My name is Kishor Biradar and I hail from Bidar district in Karnataka. I

My academic journey has been marked by a strong interest in humanities and

Fortunately, I secured a seat for a 5-year integrated BBA LL.B program at

At present, I am continuing my educational journey by pursuing an LLM degree

How was the beginning of your journey through law

During my time in law school, I encountered some unique challenges, primarily

Despite these challenges, I remained committed to my studies and strived to

What motivated you to pursue law as a career?

Their unwavering support and belief in the importance of education instilled in

Tell us a bit about your experience while taking the

When I initially took the TS LAWCET for my undergraduate studies, it was a

Reservations provide opportunities for underrepresented groups, but the level

Here are the top three sources I used:

Landmark Judgments: I made it a point to study landmark judgments that had

In addition to these key sources, I also gained extensive research knowledge

Firstly, as a first-generation lawyer from my village, I carry a deep sense of

Any advice you’d like to pass on to law school aspirants and