CLAT 2012 Solved Paper (Part 26 of 27)

  1. The following are enshrined in the Preamble of the Constitution of India

    1. Equality of status and of opportunity

    2. Liberty of thought, expression, belief, faith and worship

    3. Justice-social, economic and political

    4. Fraternity assuring the dignity of the individual

    5. Unity and Integrity of the nation

    Which of the following is the correct order in which they appear in the preamble?

    1. 5 − 1 − 2 − 4 − 3

    2. 3 − 2 − 1 − 4 − 5

    3. 3 − 1 − 2 − 5 − 4

    4. 1 − 2 − 4 − 3 − 5

    Answer: b

  2. Which one of the following statements is correct? Right to free and compulsory education for all children of the age of 6 to 14 years is:

    1. a fundamental right enforceable in law

    2. a fundamental duty

    3. a directive principle of state policy

    4. a fundamental right which, however, can be enforced only if the state makes an

    enabling legislation

    Answer: d

  3. Affirmative action connotes:

    1. Measures taken by the state to help the socially disadvantaged groups

    2. Positive discrimination

    3. Strict quotas for the socially and educationally backward class in school/college

    admissions and jobs.

    Which of the above mentioned is true?

    1. 1 and 2 only

    2. 2 only

    3. 1, 2 and 3

    4. 2 and 3 only

    Answer: c

  4. Identify the correct statement:

    1. Federalism implies a system of government which embodies a division of powers between a central and a number of regional authorities

    2. Federalism implies a system of government which embodies a division of powers between Legislature, Executive and Judiciary

    3. Federalism implies a system of Government which embodies Parliamentary supremacy

    4. None of these

    Answer: a

  5. Consider the following statements:

    1. In a recent Supreme Court verdict pronounced by Justice Markandeya Katju and Justice Gyan Sudha Mishra, the court upheld the constitutionality of the Haj subsidy

    2. Muslims are not the only beneficiaries of the secular state's generosity. Hindus have also received substantial financial support from the Government

    With reference to the statements mentioned above, which of the following is correct?

    1. 1 only

    2. 2 only

    3. Both 1 and 2

    4. Neither 1 nor 2

    Answer: c

  6. X, a married woman, agreed to live in adultery with B and also agreed to serve him as his housekeeper. In return, B agreed to pay X Rs. 500 per month for living in adultery and Rs. 500 per month for housekeeping. The agreement is

    1. Valid

    2. Void

    3. Void as to the first object but valid with respect to the second object

    4. Unlawful as being opposed to public policy

    Answer: d

  7. Ramu applied for the post of Director in an organization. The governing body of the organization passed a resolution appointing him to the post. After the meeting, one of the members of the governing body informed him privately of the resolution. Subsequently, the resolution was rescinded. Ramu claims damages. Which one of the following is the correct legal proposition in the case?

    1. Ramu cannot claim damages as he had not resigned from his existing post in anticipation of getting the appointment letter

    2. Ramu cannot claim damages as there was no formal communication

    3. Ramu can claim damages as governing body cannot rescind the resolution once passed

    4. Ramu can claim damages as there was private communication

    Answer: b

  8. The Railway authorities allowed a train to be over crowded. In consequence, a legitimate passenger Mr. X got his pocket picked. Choose the appropriate answer:

    1. Mr. X can sue the Railway authorities for the loss suffered

    2. Mr. X cannot sue because he had given his consent to travel in a over-crowded train

    3. Mr. X cannot sue railway authorities because there was no infringement of his legal right and mere fact that the loss was caused does not give rise to a cause of action

    4. None of these

    Answer: c

  9. Z is carried off by a tiger. X fires at the tiger, knowing that the shot might kill Z, but with no intention to kill Z, and in good faith trying to save Z. X's shot, however, gives Z a mortal wound. Choose the correct option

    1. X has committed an offence of a grievous nature.

    2. X has no moral duty to save Z therefore he can be held liable.

    3. X has not committed any offence, as the act was in good faith and for the benefit of Z.

    4. None of the above

    Answer: c

  10. Ms. Usha wants to file a suit against Bhagyalaxmi Theatre praying for a permanent injunction (stay order) restraining the theatre from running the film named “Jai Santoshi Maa” Her contention is that the film hurt her religious feelings and sentiments as Goddess Saraswati, Laxmi and Parvati were depicted as jealous and were ridiculed.

    1. She cannot file a suit because injury to religious feelings is not a legally recognized right.

    2. She cannot file a suit because the Theatre has a fundamental right to speech and expression.

    3. She can file a suit as injury to religious feelings has been legally recognized as a right (injuria sine damnum)

    4. It is a case of complete judicial discretion.

    Answer: a