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Legal Reasoning Quiz II Constitution of India II 04.02.2023

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Question 1

Direction: read the given passage and answer the questions that follow.

Disposing a clutch of petitions in connection with the Shaheen Bagh sit-in protest, the Supreme Court on Wednesday said that public places cannot be occupied indefinitely and protests must be allowed only in designated areas. The apex court observed it is the duty of the administration to remove such road blockades. Unfortunately no action by administration and hence court’s intervention in the matter, it said.

A bench comprising Justices SK Kaul, Krishna Murari and Hrishikesh Roy said: “Public places cannot be occupied indefinitely. Dissent and democracy go hand in hand but protests must be carried out in designated area… Such kind of occupation of public place for protests is not acceptable.”

On September 21, the bench reserved its verdict after observing that the right to protest has to be balanced with the right of the people to use a public road. Solicitor General Tushar Mehta said that though Right to Protest is a fundamental right, it is subject to reasonable restrictions.

On March 23, the Shaheen Bagh sit-in protest against the citizenship law was cleared by Delhi police after curbs were imposed on assembly and movement of people in wake of the corona virus pandemic. The protest had been on for more than 100 days. It began on December 15 in Southeast Delhi, with at least 300 women at the forefront of it. It sparked many similar demonstrations across the country. The protest saw several elderly women, some in their 80s, participate daily.

In January, a 25-year-old man fired shots in the air 50 metres away from the stage but that too didn’t make the protesters leave. Petrol bombs were also hurled by unidentified persons at the protest site when the country was observing Janata curfew. No one was injured in the incident. The same month the apex court had appointed interlocutors to hold talks with the protesters and report back on the ground situation.

(Source - https://indianexpress.com/article/india/shaheen-bagh-protest-supreme-court-6706320/#:~:text=Disposing%20a%20clutch%20of%20petitions,to%20remove%20such%20road%20blockades.)

Right to protest peaceably is a fundamental right and thus, indefeasible. Is the statement correct?

Question 2

Direction: read the given passage and answer the questions that follow.

Disposing a clutch of petitions in connection with the Shaheen Bagh sit-in protest, the Supreme Court on Wednesday said that public places cannot be occupied indefinitely and protests must be allowed only in designated areas. The apex court observed it is the duty of the administration to remove such road blockades. Unfortunately no action by administration and hence court’s intervention in the matter, it said.

A bench comprising Justices SK Kaul, Krishna Murari and Hrishikesh Roy said: “Public places cannot be occupied indefinitely. Dissent and democracy go hand in hand but protests must be carried out in designated area… Such kind of occupation of public place for protests is not acceptable.”

On September 21, the bench reserved its verdict after observing that the right to protest has to be balanced with the right of the people to use a public road. Solicitor General Tushar Mehta said that though Right to Protest is a fundamental right, it is subject to reasonable restrictions.

On March 23, the Shaheen Bagh sit-in protest against the citizenship law was cleared by Delhi police after curbs were imposed on assembly and movement of people in wake of the corona virus pandemic. The protest had been on for more than 100 days. It began on December 15 in Southeast Delhi, with at least 300 women at the forefront of it. It sparked many similar demonstrations across the country. The protest saw several elderly women, some in their 80s, participate daily.

In January, a 25-year-old man fired shots in the air 50 metres away from the stage but that too didn’t make the protesters leave. Petrol bombs were also hurled by unidentified persons at the protest site when the country was observing Janata curfew. No one was injured in the incident. The same month the apex court had appointed interlocutors to hold talks with the protesters and report back on the ground situation.

(Source - https://indianexpress.com/article/india/shaheen-bagh-protest-supreme-court-6706320/#:~:text=Disposing%20a%20clutch%20of%20petitions,to%20remove%20such%20road%20blockades.)

As per the ratio of the above case, it can be deduced that right to protest and right to free movement cannot be exercised at the same time.

Question 3

Direction: read the given passage and answer the questions that follow.

Disposing a clutch of petitions in connection with the Shaheen Bagh sit-in protest, the Supreme Court on Wednesday said that public places cannot be occupied indefinitely and protests must be allowed only in designated areas. The apex court observed it is the duty of the administration to remove such road blockades. Unfortunately no action by administration and hence court’s intervention in the matter, it said.

A bench comprising Justices SK Kaul, Krishna Murari and Hrishikesh Roy said: “Public places cannot be occupied indefinitely. Dissent and democracy go hand in hand but protests must be carried out in designated area… Such kind of occupation of public place for protests is not acceptable.”

On September 21, the bench reserved its verdict after observing that the right to protest has to be balanced with the right of the people to use a public road. Solicitor General Tushar Mehta said that though Right to Protest is a fundamental right, it is subject to reasonable restrictions.

On March 23, the Shaheen Bagh sit-in protest against the citizenship law was cleared by Delhi police after curbs were imposed on assembly and movement of people in wake of the corona virus pandemic. The protest had been on for more than 100 days. It began on December 15 in Southeast Delhi, with at least 300 women at the forefront of it. It sparked many similar demonstrations across the country. The protest saw several elderly women, some in their 80s, participate daily.

In January, a 25-year-old man fired shots in the air 50 metres away from the stage but that too didn’t make the protesters leave. Petrol bombs were also hurled by unidentified persons at the protest site when the country was observing Janata curfew. No one was injured in the incident. The same month the apex court had appointed interlocutors to hold talks with the protesters and report back on the ground situation.

(Source - https://indianexpress.com/article/india/shaheen-bagh-protest-supreme-court-6706320/#:~:text=Disposing%20a%20clutch%20of%20petitions,to%20remove%20such%20road%20blockades.)

A person can hold protest without arms on public roads for any duration till the protest is peaceable. Discuss the validity of this statement.

Question 4

Direction: read the given passage and answer the questions that follow.

Disposing a clutch of petitions in connection with the Shaheen Bagh sit-in protest, the Supreme Court on Wednesday said that public places cannot be occupied indefinitely and protests must be allowed only in designated areas. The apex court observed it is the duty of the administration to remove such road blockades. Unfortunately no action by administration and hence court’s intervention in the matter, it said.

A bench comprising Justices SK Kaul, Krishna Murari and Hrishikesh Roy said: “Public places cannot be occupied indefinitely. Dissent and democracy go hand in hand but protests must be carried out in designated area… Such kind of occupation of public place for protests is not acceptable.”

On September 21, the bench reserved its verdict after observing that the right to protest has to be balanced with the right of the people to use a public road. Solicitor General Tushar Mehta said that though Right to Protest is a fundamental right, it is subject to reasonable restrictions.

On March 23, the Shaheen Bagh sit-in protest against the citizenship law was cleared by Delhi police after curbs were imposed on assembly and movement of people in wake of the corona virus pandemic. The protest had been on for more than 100 days. It began on December 15 in Southeast Delhi, with at least 300 women at the forefront of it. It sparked many similar demonstrations across the country. The protest saw several elderly women, some in their 80s, participate daily.

In January, a 25-year-old man fired shots in the air 50 metres away from the stage but that too didn’t make the protesters leave. Petrol bombs were also hurled by unidentified persons at the protest site when the country was observing Janata curfew. No one was injured in the incident. The same month the apex court had appointed interlocutors to hold talks with the protesters and report back on the ground situation.

(Source - https://indianexpress.com/article/india/shaheen-bagh-protest-supreme-court-6706320/#:~:text=Disposing%20a%20clutch%20of%20petitions,to%20remove%20such%20road%20blockades.)

In wake of pandemic, can a person be restricted to exercise his fundamental rights?

Question 5

Direction: read the given passage and answer the questions that follow.

Disposing a clutch of petitions in connection with the Shaheen Bagh sit-in protest, the Supreme Court on Wednesday said that public places cannot be occupied indefinitely and protests must be allowed only in designated areas. The apex court observed it is the duty of the administration to remove such road blockades. Unfortunately no action by administration and hence court’s intervention in the matter, it said.

A bench comprising Justices SK Kaul, Krishna Murari and Hrishikesh Roy said: “Public places cannot be occupied indefinitely. Dissent and democracy go hand in hand but protests must be carried out in designated area… Such kind of occupation of public place for protests is not acceptable.”

On September 21, the bench reserved its verdict after observing that the right to protest has to be balanced with the right of the people to use a public road. Solicitor General Tushar Mehta said that though Right to Protest is a fundamental right, it is subject to reasonable restrictions.

On March 23, the Shaheen Bagh sit-in protest against the citizenship law was cleared by Delhi police after curbs were imposed on assembly and movement of people in wake of the corona virus pandemic. The protest had been on for more than 100 days. It began on December 15 in Southeast Delhi, with at least 300 women at the forefront of it. It sparked many similar demonstrations across the country. The protest saw several elderly women, some in their 80s, participate daily.

In January, a 25-year-old man fired shots in the air 50 metres away from the stage but that too didn’t make the protesters leave. Petrol bombs were also hurled by unidentified persons at the protest site when the country was observing Janata curfew. No one was injured in the incident. The same month the apex court had appointed interlocutors to hold talks with the protesters and report back on the ground situation.

(Source - https://indianexpress.com/article/india/shaheen-bagh-protest-supreme-court-6706320/#:~:text=Disposing%20a%20clutch%20of%20petitions,to%20remove%20such%20road%20blockades.)

From the above passage it can be inferred that democracy and dissent are two sides of the same coin.

Question 6

Principle: No child below the age of 14 years shall be employed to work in any factory or mine or any industry engaged in hazardous work.

Facts: Shivani has employed Shivam, who is 13 years old in a dhaba to clean tables. Has she acted in violation of the Constitution of India?

Question 7

Principle: No person shall be prosecuted and punished for the same offence more than once.

Facts: In course of a violent protest demanding reservation for a certain community, A, the leader of the protest leads a crowd that sets a police station on fire. A is prosecuted for causing damage to public property. Also, since a constable had died in the fire, A is also prosecuted for culpable homicide.

Question 8

Principle: The enforcement of any disability arising out of “untouchability” shall be an offence punishable in accordance with law.

Facts: ‘A’ a conservative strongman ruthlessly enforces segregation in a village. Communities considered ‘untouchable’ are not allowed to cross over to the part of the village lying on the left bank of a river that flows through the village. Also, such communities are not allowed to use water of the river for any purpose whatsoever. However, there are several sources of clean water in the area inhabited by communities considered untouchable.

Question 9

In India, the distribution of legislative powers:

Question 10

A subject, mentioned in the State List of the Indian Constitution, can be declared as a subject of the national interest by:
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