List of practice Questions

On 26th January 1950, we are going to enter into a life of contradictions. In politics, we will have equality and in social and economic structure, continue to deny the principle of one man one value. How long shall we continue to live this life of contradictions? How long shall we continue to deny equality in our social and economic life? If we continue to deny it for long, we will do so only by putting our political democracy in peril. We must remove this contradiction at the earliest possible moment else those who suffer from inequality will blow up the structure of democracy, which this Constituent Assembly has so laboriously built up.
I feel that the constitution is workable, it is flexible and it is strong enough to hold the country together both in peacetime and in wartime. Indeed, if I may say so, if things go wrong under the new Constitution, the reason will not be that we had a bad Constitution. What we will have to say is that man was vile?
The third thing we must do is not be content with mere political democracy. We must note that our political democracy cannot last unless there lies at the base of social democracy. What does social democracy mean? It means a way of life, which recognizes liberty, equality and fraternity as the principles of life.
… however, good a constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot. However, bad a constitution may be, it may turn out to be good if those who are called to work it, happen to be a good lot. The working of a Constitution does not depend wholly upon the nature of the Constitution.
[Excerpts from Dr. Ambedkar’s address to the Constituent Assembly, 25 November 1949]
The Indian legal system places a significant emphasis on protecting the rights and welfare of children. The Juvenile Justice (Care and Protection of Children) Act, 2015, is a vital piece of legislation in this regard. It is designed to ensure that children in conflict with the law receive special care, protection, and treatment, with the ultimate goal of their rehabilitation and reintegration into society.
One of the key provisions of the Act is the establishment of Juvenile Justice Boards (JJBs) at the district level. These boards consist of a Metropolitan Magistrate or Judicial Magistrate of the first class and two social workers, at least one of whom should be a woman. The primary function of the JJB is to determine the age of the juvenile, the circumstances in which the offense was committed, and whether the juvenile should be sent to a special home or released on probation.
The Act makes a clear distinction between a “child in conflict with the law” and a “child in need of care and protection.” A child in conflict with the law is one who has committed an offense, while a child in need of care and protection is a child who is vulnerable or at risk and requires special care and support.
The Act introduces a unique approach to dealing with children who are in conflict with the law. For children between the ages of 16 and 18, who have committed heinous offenses, they can be tried as adults, subject to a preliminary assessment by the Juvenile Justice Board. This assessment considers the child’s mental and physical capacity to commit such an offense. If the board determines that the child should be tried as an adult, the case is transferred to the regular criminal courts.
The Act also places restrictions on the publication of information that could lead to the identification of a juvenile offender. This is done to protect the privacy and future prospects of the child.
In India, the legal landscape surrounding online defamation is a subject of significant interest and debate. With the rise of social media, and online platforms, cases of online defamation have become increasingly common. Defamation refers to making false statements about someone that harm their reputation. Online defamation includes defamatory statements made on the internet, including social media, blogs, forums, and other online platforms.
One critical aspect of online defamation is determining the liability of intermediaries, such as social media platforms or websites, for defamatory content posted by users. Section 79 of the Information Technology Act, 2000, provides a safe harbor for intermediaries, stating that they are not liable for third-party content if they act as intermediaries and follow due diligence in removing or disabling access to the content once notified.
However, determining whether an intermediary has fulfilled its due diligence obligations can be complex. The Indian judiciary has been actively interpreting this provision. One significant case is the Shreya Singhal v. Union of India, in which the Supreme Court clarified that intermediaries are required to act upon a valid court order or government directive for content removal, not upon private complaints.
The court also emphasized that the intermediaries should not take a proactive role in monitoring content, as this could potentially infringe on free speech. While the law provides a safe harbor, it does not absolve intermediaries from their responsibilities.
Online defamation cases often involve a balancing act between the right to freedom of expression and the right to reputation. The Indian legal system requires a careful examination of the content, context, and intent of the statements to determine whether they qualify as defamatory. Additionally, the plaintiff in an online defamation case must prove that the statement was false, damaging to their reputation, and made with a degree of fault, such as negligence or actual malice.