Mark the Best Option: India Has Been Described in the Constitution of India As: - Legal Reasoning


Mark the best option:
India has been described in the Constitution of India as:


  • Union of States

  • A United Nation

  • Federation of States

  • None of the above



Union of States

Concept: Indian Constitution (Entrance Exams)
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In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess. 

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 ear-ring within six months, she would claim it back. The airline sells the ear-ring after eight months and Elizabeth files a case to recover the value of the ear-ring from the airline when she is informed about its sale. As a judge you would order that:  

One of the reasons for recusal of a Judge is that litigants/the public might entertain a reasonable apprehension about his impartiality. As Lord Chief Justice Hewart said: "It is not merely of some importance but is of fundamental importance that justice should not only be done but should manifestly and undoubtedly be seen to be done." And therefore, in order to uphold the credibility of the integrity institution, Judge recuses from hearing the case. A Judge of the Supreme Court or the High Court, while assuming Office, takes an oath as prescribed under Schedule III to the Constitution of India, that: "… I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws." Called upon to discharge the duties of the Office without fear or favour, affection or ill-will, it is only desirable, if not proper, that a Judge, for any unavoidable reason like some pecuniary interest, affinity or adversity with the parties in the case, direct or indirect interest in the outcome of the litigation, family directly involved in litigation on the same issue elsewhere, the Judge being aware that he or someone in his immediate family has an interest, financial or otherwise that could have a substantial bearing as a consequence of the decision in the litigation, etc., to recuse himself from the adjudication of a particular matter. No doubt, these examples are not exhaustive. The simple question is, whether the adjudication by the Judge concerned, would cause reasonable doubt in the mind of a reasonably informed litigant and the fair-minded public as to his impartiality. Being an institution whose hallmark is transparency, it is only proper that the Judge discharging high and noble duties, at least broadly indicate the reasons for recusing from the case so that the litigants or the well-meaning public may not entertain any misunderstanding. Once the reasons for recusal are indicated, there will not be any room for attributing any motive for the recusal. To put it differently, it is part of his duty to be accountable to the Constitution by upholding it without fear or favour, affection or ill- will. Therefore, I am of the view that it is the constitutional duty, as reflected in one's oath, to be transparent and accountable, and hence, a Judge is required to indicate reasons for his recusal from a particular case.

What kind of institution the judiciary is referred to in the passage?

Direction : The passage given below is followed by a set of question. Choose the most appropriate answer to each question.

For proper functioning of democracy it is essential that citizens are kept informed about news from various parts of the country and even abroad, because only then can they form rational opinions. A citizen surely cannot be expected personally to gather news to enable him or her to form such opinions. Hence, the media play an important role in a democracy and serve as an agency of the people to gather news for them. It is for this reason that freedom of the press has been emphasised in all democratic countries, while it was not permitted in feudal or totalitarian regimes.

In India, the media have played a historical role in providing information to people about social and economic evils. Also, sometimes the media present twisted or distorted news that may contain an element of truth but also an element of untruth.

Recently, Media comments on pending cases, especially on criminal cases where the life or liberty of a citizen is involved, are a delicate issue and should be carefully considered. After all, judges are human beings too, and sometimes it may be difficult for them not to be influenced by such news. This, too, should be avoided because a half-truth can be more dangerous than a total lie. The media should avoid giving any slant to news, and avoid sensationalism and yellow journalism. Only then will they gain the respect of the people and fulfill their true role in a democracy.

The British law is that when a case is sub judice, no comment can be made on it, whereas U.S. law permits such comment. In India we may have to take an intermediate view on this issue: while on the one hand we have a written Constitution that guarantees freedom of speech in Article 19(1)(a) - which the unwritten British Constitution does not - the life and liberty of a citizen is a fundamental right guaranteed by Article 21 and should not lightly be jeopardised. Hence, a balanced view has to be taken on this.

Therefore, the media have a great responsibility also to see that the news they present is accurate and serve the interest of the people. If the media convey false news that may harm the reputation of a person or a section of society, it may do great damage since reputation is a valuable asset for a person. Even if the media subsequently correct a statement, the damage done may be irreparable. Hence, the media should take care to carefully investigate any news item before reporting it.

Which of the following statements points to the difficulty faced by a reader to form an independent opinion?

Fill in the blanks: Choose the pair of words that complete the sentence to make logical sense.

The NDA led Government notified the __________ and the National Judicial Appointments Commission Act, thus ending the over two-decade-old _________ of appointing judges of Supreme Court and high courts. Under the new law, a six-member panel headed by __________ will select judges of the apex court and state high courts. 

Direction: Read the following carefully and answer the question given below

Although women now constitute 30 percent of the global industrial force, legal hurdles and traditional barriers still hinder the vast majority of women in their efforts to achieve parity with men.

The paragraph best supports the statement

Mark the best option:
Consider the following statements:

  1. If the Legislative Assembly of a State in India is dissolved in mid-term, the Speaker vacates his office.
  2. When the Speaker of a Legislative Assembly resigns, he addresses his letter to the Governor of the State.

Which of the statements given above is/are correct?

Which Article of the constitution empowers the Parliament to form a new state by altering the boundaries of existing states?

The most essential feature of the parliamentary form of the government is

Which of the following means 'to be certified'?

Which of the following Articles contain the Directive Principles of State Policy? 

Who can initiate the impeachment of the President?

Who among the following decides the salaries and allowances of Member of Parliament?

A Judge of the Supreme Court can be removed from office only on the ground of 

Who among the following does not hold his/her office at the pleasure of the President of India?

Which of the following Articles contain provisions regarding panchayats?

Under which article of the constitution of India the state of Jammu and Kashmir has been mentioned?

Which of the following constitutions is a unitary constitution?

Assertion (A): During inflation, there is increase in money supply and rise in price level.

Reason (R): The rise in prices is due to shortage in supply of essential consumer goods.

The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle: Words describing the quality of things cannot be registered as a trademark. However, such words may be registered as a trade mark, if they acquire a secondary meaning. Words acquire secondary meaning when people start associating the descriptive words with a person-specific.

Facts: A hatchery located in Raipur is owned by ‘X’. X has been using the slogan “new-laid eggs sold here”, since 1970 to describe the quality of eggs sold in his hatchery. Over a period of time because of continuous use of this slogan, people started associating this slogan with X. X filed an application for registration of the words “new-laid eggs” as a trademark in the year 1970.

Principle: The Constitution of India guarantees the 'right to life', which means 'right to live with human dignity'. The right to life under the constitution, however, does not include the right to die.

Facts: 'M' who is 90, lives all alone as he has no family or children or grandchildren. He suffers from physical and mental distress, as there is no one to look after him. He has little means to foot his medical expenses. Under these circumstances, he approaches the court with a prayer that he should be granted the right to die with dignity because he does not want to be a burden on society. Further, as it is his life, he has a right to put an end to it.
Which of the following derivations is correct?


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