CLAT (Common Law Admission Test) 2020 MCQs Questions Paper Part 16

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Question 81

Direction: Study the following information and answer the questions that follow:

Principle of Natural Justice is derived from the word “Jus Natural” of the Roman law and it is closely related to Common law and moral principles but is not codified. It is a law of nature which is not derived from any statute or constitution. The principle of Natural Justice is adhered to by all the citizens of civilised State with Supreme importance. Natural justice simply means to make a sensible and reasonable decision-making procedure on a particular issue. Sometimes, it doesn՚t matter what is the reasonable decision but, in the end, what matters is the procedure and who all are engaged in taking the reasonable decision. It is not restricted within the concept of fairness՚ it has different colours and shades which vary from the context. Basically, natural justice consists of 3 rules.

The first one is “Hearing rule” which states that the person or party who is affected by the decision made by the Panel of expert members should be given a fair opportunity to express his point of view to defend himself. Secondly, “Bias rule” generally expresses that Panel of expert should be free from bias while taking the decision. The decision should be given in a free and fair manner which can fulfil the rule of natural justice. And thirdly, “Reasoned Decision” which states that order, decision or judgement of the Court given by the Presiding authorities with a valid and reasonable ground. The principles of Natural Justice have been adopted and followed by the judiciary to protect public rights against the arbitrary decision by the administrative authority. One can easily see that the rule of natural justice includes the concept of fairness: they stay alive and support to safeguard the fair dealing.

Source: Excerpt taken from the blog. ipleaders. in (Dated - 12th June 2019)

Nemo Judex in causa sua or the principle that No one can be a judge in his own case, relates to which of the following rule of the Natural Justice?

A. Bias rule

B. Reasoned decision rule

C. Hearing rule

D. All of the above.

Question 82

Mr. X is a Public Servant, employed in a PSU and Mrs. Y who is the wife of Mr. X is also an employee of the same PSU. Ms. A files a complaint against Mr. X for sexual harassment at workplace before the ICC (Internal Complaints Committee) , which is headed by Mrs. Y. After completing her inquiry, she held that Mr. X is guilty and recommended disciplinary proceedings against him. Now, on what grounds Mr. X may challenge her findings?

A. Mrs. Y is an employee of the same institution and the inquiry should have been conducted by a person outside the institution.

B. The complaint was filed by a female employee, so the inquiry must have been conducted by a male employee.

C. Mrs. Y is the wife of Mr. X and she holds a personal bias in the case, so the inquiry should not have been conducted by her.

D. Mr. X being the accused should have conducted the inquiry himself.

Question 83

Mr. A is a judge and he is also the landlord of Mr. B, who resides in an apartment owned by Mr. A. Due to non-payment of rent for 3 consecutive months, Mr. A served an eviction notice to Mr. B. Now, choose the most appropriate option amongst the following.

A. Being a judge himself, Mr. A cannot issue such notice of eviction.

B. Mr. A can issue such notice because it is his duty as a Judge, apart from being a landlord.

C. Such notice is illegal as Mr. B was not given an opportunity to present his case.

D. Mr. A issued such notice in his personal capacity as a landlord and not being a judge.

Question 84

Which of the following is not in violation of the principles of Natural justice?

A. Withholding of an increment of a public servant without giving him an opportunity to defend.

B. Non-renewal of a contract of employment of an employee after the period of contract is over.

C. Initiating a departmental inquiry against a public servant, without giving him an opportunity to submit representation during such inquiry.

D. All of the above.

Question 85

On the basis of your understanding about Natural Justice in the passage above, state which of the following is true:

A. Adherence to the reasoned decision rule is not required if other two rules are complied with.

B. Compliance of bias rule itself rejects the need of the hearing and the reasoned decision rule.

C. Principle of Natural Justice is incomplete without the compliance of any of its rules.

D. The Reasoned Decision rule is a substitute for the bias rule.

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