CLAT Common Law Admission Test Solved Paper 2011 – English, Aptitude Part 19

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Problem 4 (Q. Nos. 170 to 174) Rules

A. The fundamental right to freedom of association includes the right to form an association as well as not join an association.

B. The fundamental right to freedom of association also includes the freedom to decide with whom to associate.

C. The fundamental right to freedom of association does not extend to the right to realise the objectives of forming the association.

D. Fundamental rights are applicable only to laws made by or administrative actions of the State and do not apply to actions of private persons.

E. Any law in contravention of fundamental rights is unconstitutional and therefore cannot bind any person.

Facts

Gajodhar Pharmaceuticals, a private company, offered an employment contract of two years to Syed Monirul Alam. One of the clauses in the employment contract if Syed Monirul Alam must join Gajodhar Mazdoor Sangh (GMS) , one of the trade unions active in Gajodhar Pharmaceuticals.

170. Decide which of the following propositions can be most reasonably inferred through the application of the stated legal principles to the facts of this case.

(a) The employment contract offered to Monirul Alam to join GMS is legal as it does not restrict his freedom not to join any association

(b) The condition requiring Monirul Alam to join GMS cannot bind him as it impinges on his freedom not to join any association

(c) Syed Monirul Alam cannot claim a fundamental right to freedom of association against Gajodhar Pharmaceuticals and therefore, the contract would bind him even though his freedom of association is restricted

(d) The employment contract infringes Syed Monirul Allam՚s freedom to decide with whom to associate and therefore is legally not enforceable

Ans: (d)

171. If Parliament enacts a law which requires every employee to join the largest trade union in their workplace mandating Syed Monirul Alam to join GMS, then

(a) such a law would merely govern private action to which fundamental rights do not apply

(b) such a law would not curtail any individual՚s right to freedom of association

(c) neither the employment contract, nor the law of the parliament would be enforceable as they would curtail the freedom of association

(d) the law of parliament would violate an individual՚s freedom not to join any association and therefore be unconstitutional

Ans: (d)

172. If Parliament enacts a law that requires a trade union to open its membership to all the employees, then

(a) such a law would not infringe any fundamental right to freedom of association

(b) the law of the parliament would curtail an individual՚s right not to join any association

(c) such a law would curtail the union members՚ right to decide with whom they would like to associate

(d) such a law would render the employment contract offered by Gajodhai Pharmaceuticals to Syed Monirul Alam unenforceable

Ans: (c)

173. If Gajodhar Pharmaceuticals enter into an agreement with GMS wherein the former agrees to hire only the existing members of GMS as employees, then

(a) the agreement would be illegal as it would curtail the union members՚ right to decide with whom they would like to associate

(b) such an agreement would infringe the union՚s right to decide with whom to associate and therefore is legally not enforceable

(c) the agreement would not be enforceable as it would infringe upon the employer՚s right not to join an association

(d) the constitutionality of this agreement cannot be contested on grounds of contravention of fundamental rights as such rights are not applicable to private persons

Ans: (d)

174. If Parliament enacts a legislation prohibiting strikes by trade unions of employees: engaged in pharmaceutical industry, then

(a) the legislation would not violate the right to freedom of association

(b) the legislation would curtail the right of trade unions to strike, and therefore violate freedom of association

(c) since strike is only one of the objectives with which a trade union is formed, right to strike is not protected by the right to freedom of association

(d) None of the above

Ans: (c)

Problem 5 (Q. Nos. 175 to 177) Rule

Whoever finds an unattended object can keep it unless the true owner claims that object. This does not affect the property owner՚s right to the ownership of the property on which the object is found. The right to ownership of a property does not include the right to ownership of unattended objects on that property.

Facts

Elizabeth is the CEO of a global management services company in Chennai and is on her way to Ranchi to deliver the convocation address at India՚s leading business school on the outskirts of Ranchi. Flying business class on Dolphin Airlines, she is entitled to use the lounge owned by the airline in Chennai Airport while waiting for her flight. She finds a diamond earring on the floor of the lounge and gives it to the staff of Dolphin Airlines expressly stating that in the event of nobody claiming the earring within six months, she would claim it back. The airline sells the earring after eight months and Elizabeth files a case to recover the value of the earring from the airline when she is informed about its sale.

175. As a judge you would order that

(a) Elizabeth is not entitled to compensation because the earring was found on the property of the airline and therefore, the airline is entitled to sell it

(b) The airline must compensate Elizabeth because owning the lounge does not give the airline the right over all things that might be found on it

(c) The airline must compensate Elizabeth because while accepting the earring from Elizabeth they had agreed to return it if nobody claimed it within six months

(d) Elizabeth is not entitled to compensation because she did not claim the earring after the expiry of six months and the airline waited for a couple more months before selling it

Ans: (b)

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