Comprehension
The bench of Dr DY Chandrachud and MR Shah, JJ has refused to transfer to CBI the criminal cases lodged against Republic TV Editor in-Chief Arnab Goswami for alleged defamatory news show telecast on April 21 in connection with the Palghar mob-lynching case. It also quashed all FIRs against Arnab Goswami except one which was filed in Nagpur and which has been transferred to Mumbai via order dated 24.04.2020.
[Excerpt from SCC Online Blog, May 19, 2020]
Delivering the verdict, Justice Chandrachud said, "Article 32 of the Constitution constitutes recognition of the constitutional duty entrusted to this Court to protect the fundamental rights of citizens. The exercise of journalistic freedom lies at the core of speech and expression protected by Article 19(1)(a). The petitioner is a media journalist. The airing of views on television shows which he hosts is in the exercise of his fundamental right to speech and expression under Article 19(1)(a). India's freedoms will rest safe as long as journalists can speak truth to power without being chilled by a threat of reprisal…Free citizens cannot exist when the news media is chained to adhere to one position. Yuval Noah Harari has put it succinctly in his recent book titled “21 Lessons for the 21st Century”: “Questions you cannot answer are usually far better for you than answers you cannot question.”
[Excerpt from Arnab Ranjan Goswami vs Union Of India on 19 May, 2020]
[Excerpt from SCC Online Blog, May 19, 2020]
Delivering the verdict, Justice Chandrachud said, "Article 32 of the Constitution constitutes recognition of the constitutional duty entrusted to this Court to protect the fundamental rights of citizens. The exercise of journalistic freedom lies at the core of speech and expression protected by Article 19(1)(a). The petitioner is a media journalist. The airing of views on television shows which he hosts is in the exercise of his fundamental right to speech and expression under Article 19(1)(a). India's freedoms will rest safe as long as journalists can speak truth to power without being chilled by a threat of reprisal…Free citizens cannot exist when the news media is chained to adhere to one position. Yuval Noah Harari has put it succinctly in his recent book titled “21 Lessons for the 21st Century”: “Questions you cannot answer are usually far better for you than answers you cannot question.”
[Excerpt from Arnab Ranjan Goswami vs Union Of India on 19 May, 2020]
Question: 1
The above passage mentions about the Journalist‘s request to transfer the case to the CBI (Central Bureau of Investigation) for investigation. What could be the appropriate reason for such request?
The above passage mentions about the Journalist‘s request to transfer the case to the CBI (Central Bureau of Investigation) for investigation. What could be the appropriate reason for such request?
Updated On: Jul 9, 2024
- The CBI is a central investigating agency and conducts more scientific investigation.
- Where State government is an interested party, the investigation conducted by the state police, may be biased.
- The FIRs relate to an offence of defamation of the President of a national party, so the matter should be investigated by the CBI.
- None of the above.
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The Correct Option is B
Solution and Explanation
The correct option is (B): Where State government is an interested party, the investigation conducted by the state police, may be biased.
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Question: 2
The above passage quotes the observation of the Court in relation to freedom of speech and expression as, “Questions you cannot answer are better than questions you cannot question.” Now, based on such observation, chose the most appropriate option which describes the scope of such questions.
The above passage quotes the observation of the Court in relation to freedom of speech and expression as, “Questions you cannot answer are better than questions you cannot question.” Now, based on such observation, chose the most appropriate option which describes the scope of such questions.
Updated On: Aug 4, 2024
- The term “question” mentioned are not subject to limitations imposed upon the Freedom of Speech and Expression
- Those question are limited to the information warranted by the person.
- The court is referring to the right to information through the above quote.
- The questions are also subject to limitations imposed upon the Freedom of Speech and Expression.
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The Correct Option is D
Solution and Explanation
The correct option is (D): The questions are also subject to limitations imposed upon the Freedom of Speech and Expression.
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Question: 3
It is an established principle of law that the offence of defamation (harming the reputation) has many exceptions and the imputation of truth is one of those, but the accused must prove that such imputation was true and also for the public good. In the light of this statement which of the following questions/statements are not defamatory?
It is an established principle of law that the offence of defamation (harming the reputation) has many exceptions and the imputation of truth is one of those, but the accused must prove that such imputation was true and also for the public good. In the light of this statement which of the following questions/statements are not defamatory?
Updated On: Jul 9, 2024
- An article published in a newspaper about the unaccounted property of a public servant in the form of a questionnaire
- A question to a female actress about her sexual relationship with a married man
- A question to a public servant about his extramarital relationship with a colleague
- An Article published in a magazine stating a female politician as 'B grade‘ actress.
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The Correct Option is A
Solution and Explanation
The correct option is (A): An article published in a newspaper about the unaccounted property of a public servant in the form of a questionnaire
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Question: 4
In the above passage, the Court ordered for the merging of different FIRs into one and the investigation to be conducted at Mumbai. What is the reason behind such order?
In the above passage, the Court ordered for the merging of different FIRs into one and the investigation to be conducted at Mumbai. What is the reason behind such order?
Updated On: Jul 9, 2024
- Multiple FIRs mean multiple investigations and the same might cause hardships to the accused.
- The first FIR was registered at Mumbai and the investigation should be conducted at Mumbai.
- The accused resides at Mumbai and the investigation should be conducted only at Mumbai
- Multiple FIRs are frivolous and there is only one cause of action
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The Correct Option is A
Solution and Explanation
The correct option is (A): Multiple FIRs mean multiple investigations and the same might cause hardships to the accused.
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Question: 5
Defamation is punishable:
Defamation is punishable:
Updated On: Jul 9, 2024
- Both as a Civil wrong as well as a Crime
- Only as a Civil wrong.
- Only as a Criminal wrong
- None of the above
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The Correct Option is A
Solution and Explanation
The correct option is (A): Both as a Civil wrong as well as a Crime
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Top Questions on Fundamental Rights and Duties
- The Supreme Court of India declared that the right to privacy is a fundamental right and that the right to informational privacy is part of this right. Subsequently, the Parliament of India enacted a new law relating to digital personal data protection. The law applies to Indian residents and businesses collecting the data of Indian residents. It also applies to non-citizens living in India whose data processing is "in connection with any activity related to the offering of goods or services" that happens outside India. The law allows personal data to be processed for any lawful purpose. If the personal data is sensitive, then additional safeguards are to be observed. The entity processing data can do so either by taking the concerned individual's consent or for "legitimate uses". which include situations where an individual has voluntarily provided personal data for a specified purpose. The law requires that an individual's consent must be "free, specific, informed, unconditional and unambiguous with a clear affirmative action" and for a specific purpose. The data collected has to be limited to that necessary for the specified purpose. A clear notice containing these details has to be provided to consumers, including the rights of the concerned individual and the grievance redressal mechanism. Individuals have the right to withdraw consent if consent is the ground on which data is being processed. The law also creates rights and obligations for individuals. These include the right to get a summary of all the collected data and to know the identities of all other entities/organisations with whom the personal data has been shared, along with a description of the data shared. Individuals also have the right to correction. completion, updating, and erasure of their data. Besides, they have a right to obtain redressal for their grievances and a right to nominate persons who will receive their data. [Excerpts from Anirudh Burman, "Understanding India's New Data Protection Law", CARNEGIE INDIA, October 03, 2023]
- CLAT - 2025
- Legal Studies
- Fundamental Rights and Duties
- The Editors Guild of India has expressed concern over the “draconian provisions” of the Press and Registration of Periodicals (PRP) Bill, 2023, that can have an adverse impact on freedom of the press.
The Guild added: “Editors Guild of India would like the proposed bill to ensure that publishing of news in India remains free of encumbrances and intrusive checks on publishers by the Registrar, and that the primary emphasis of the Registrar and the PRP remains ‘registration’ and not ‘regulation’, as the latter has the potential of restricting freedom of the press.”
“In the definitions section, the term ‘specified authority’ gives power to government agencies beyond the Press Registrar, to conduct the functions of the Registrar, which could even include police and other law enforcement agencies. Given the intrusive, expansive, and vague nature of powers that the bill in any case allows to the Press Registrar, the power to further delegate this power to other government agencies including law enforcement agencies is deeply distressing,” the Guild said.
The statement says sections 4(1) and 11(4) allow the Registrar to deny the right to bring out a periodical and cancel the certificate of registration of a periodical to persons convicted of “terrorist act or unlawful activity” or “for having done anything against the security of the State”.
“Interestingly, the PRB Act, 1867, had no such provisions. Given the liberal and arbitrary use of UAPA (which is the basis for defining ‘terrorist act’ and ‘unlawful activity’), as well as other criminal laws, including sedition, against journalists and media organisations to suppress freedom of speech, the Guild is deeply concerned by the introduction of these new provisions, and the way they can be misused to deny the right to bring out news publications to persons who are critical of governments,” it said.
Among the other worrisome provisions listed by the Guild is Section 6(b), which gives power to the Press Registrar (as well as any other “specified authority”) to enter the premises of a periodical to “inspect or take copies of the relevant records or documents or ask any questions necessary for obtaining any information required to be furnished”
[Extracted, with edits and revisions from “Editors Guild of India expresses concern over draconian provisions of the Press and Registration of Periodicals Bills, 2023” published in The Telegraph dated 07-08-2023]- CLAT - 2024
- Legal Studies
- Fundamental Rights and Duties
- Art 51-A of Constitution prescribes fundamental duties of every citizen, the total number of fundamental duties provided in this Article.
- CUET (UG) - 2023
- Legal Studies
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- Which articles provide the Fundamental Rights of "Cultural and Education Rights"
- CUET (UG) - 2023
- Political Science
- Fundamental Rights and Duties
- The Constitution of India guarantees to all its citizens certain fundamental freedoms, which are recognized as their fundamental rights. However, these fundamental freedoms guaranteed by the Constitution of India are not absolute as no right can be. Each of these fundamental rights is liable to be controlled, curtailed and regulated to some extent by laws made by the Parliament or the State Legislatures. Accordingly, the Constitution of India lays down the grounds and the purposes for which a legislature can impose 'reasonable restrictions' on the rights guaranteed to citizens. The State cannot travel beyond the contours of these reasonable restrictions in curbing the fundamental rights guaranteed to citizens. While determining the constitutional validity of a restriction imposed on a fundamental right by a legislation, the Court is not concerned with the necessity of the restriction or the wisdom of the policy underlying it, but only whether the restriction is in excess of the requirement, and whether the legislature has overstepped the Constitutional limitations. Two of the fundamental rights guaranteed to every citizen of India are- the right to move freely throughout the territory of India and the right to reside and settle in any part of India. However, the State may impose reasonable restrictions on these rights by law, in the interests of the general public or for the protection of the interests of any Scheduled Tribes.
- CLAT - 2022
- Legal Studies
- Fundamental Rights and Duties
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Questions Asked in CLAT exam
- From a very early age, I knew that when I grew up, I should be a writer. I had the lonely child's habit of making up stories and holding conversations with imaginary persons, and I think from the very start my literary ambitions were mixed up with the feeling of being isolated and undervalued. I knew that I had a facility with words and a power of facing unpleasant facts, and I felt that this created a sort of private world in which I could get my own back for my failure in everyday life. I wanted to write enormous naturalistic novels with unhappy endings, full of detailed descriptions and arresting similes, and also full of purple passages in which words were used partly for the sake of their sound. I give all this background information because I do not think one can assess a writer's motives without knowing something of his early development.
His subject-matter will be determined by the age he lives in — at least this is true in tumultuous, revolutionary ages like our own — but before he ever begins to write he will have acquired an emotional attitude from which he will never completely escape. It is his job to discipline his temperament, but if he escapes from his early influences altogether, he will have killed his impulse to write. I think there are four great motives for writing, at any rate for writing prose. They are: (i) Sheer egoism: Desire to seem clever, to be talked about, to be remembered after death, to get your own back on grown-ups who snubbed you in childhood; (ii) Aesthetic enthusiasm: Desire to share an experience which one feels is valuable and ought not to be missed (iii) Historical impulse: Desire to see things as they are, to find out true facts and store them up for the use of posterity (iv) Political purpose: Desire to push the world in a certain direction, to alter other people's idea of the kind of society that they should strive after.
[Extracted with edits from George Orwell's "Why I Write"]- CLAT - 2025
- Reading Comprehension
- The right kind of education consists in understanding the child as he is without imposing upon him an ideal of what we think he should be. To enclose him in the framework of an ideal is to encourage him to conform, which breeds fear and produces in him a constant conflict between what he is and what he should be: and all inward conflicts have their outward manifestations in society. If the parent loves the child, he observes him, he studies his tendencies, his moods, and peculiarities. It is only when one feels no love for the child that one imposes upon him an ideal, for then one's ambitions are trying to fulfill themselves in him, wanting him to become this or that. If one loves, not the ideal but the child, then there is a possibility of helping him to understand himself as he is.
Ideals are a convenient escape, and the teacher who follows them is incapable of understanding his students and dealing with them intelligently; for him, the future ideal, the what should be, is far more important than the present child. The pursuit of an ideal excludes love, and without love no human problem can be solved. If the teacher is of the right kind, he will not depend on a method, but will study each individual pupil. In our relationship with children and young people, we are not dealing with mechanical devices that can be quickly repaired, but with living beings who are impressionable, volatile, sensitive, afraid, affectionate: and to deal with them, we have to have great understanding, the strength of patience and love. When we lack these, we look to quick and easy remedies and hope for marvellous and automatic results. If we are unaware, mechanical in our attitudes and actions, we fight shy of any demand upon us that is disturbing and that cannot be met by an automatic response, and this is one of our major difficulties in education.
(Extract with edits from "The right kind of Education" by J. Krishna Murti)- CLAT - 2025
- Reading Comprehension
- Education is not the amount of information that is put into your brain and runs riot there, undigested, all your life. We must have life-building, man-making, character-making assimilation of ideas.... If education were identical with information, the libraries are the sages in the world and encyclopaedias are the rishis. Getting by heart the thoughts of others in a foreign language and stuffing your brain with them and taking some University degree, you consider yourself educated. Is this education? What is the goal of your education? Open your eyes and see what a piteous cry for food is rising in the land of Bharata, proverbial for its food. Will your education fulfill this want?
We want that education by which character is formed, strength of mind is increased, the intellect is expanded and by which one can stand on one's own feet. What we need to study independent of foreign control, different branches of the knowledge that is our own, and with it the English language and Western science; we need technical education and all else that will develop industries so that men instead of seeking for service may earn enough to provide for themselves and save against a rainy day. The end of all education, all training, should be man-making. The end and aim of all training are to make the man grow. The training by which the current expression of will are brought under control and become fruitful, is called education. What our country now wants are muscles of iron and nerves of steel, gigantic wills, which nothing can resist, which can penetrate into the mysteries and secrets of the universe and will accomplish their purpose in any fashion, even if it meant going down to the bottom of the ocean, meeting death face to face.
There is only one method of attaining knowledge. It is by concentration. The very essence of education is concentration of mind. From the lowest to the highest man, all have to use the same method to attain knowledge. The chemist who works in the laboratory concentrates on elements to analyze them. Knowledge is acquired by concentration.
[Extracted with edits from "Education" by Swami Vivekananda]- CLAT - 2025
- Reading Comprehension
- Punctually at midday, he opened his bag and spread out his professional equipment, which consisted of a dozen cowrie shells, a square piece of cloth with obscure mystic charts on it, a notebook, and a bundle of palmyra writing. His forehead was dazzling with sacred ash and vermilion, and his eyes sparkled with a sharp, abnormal gleam which was really an outcome of a continual searching look for customers, but which his simple clients took to be a prophetic light and felt comforted. The power of his eyes was considerably enhanced by their position placed as they were between the painted forehead and the dark whiskers which streamed down his cheeks: even a half-wit's eyes would sparkle in such a setting. People were attracted to him as bees are attracted to cosmos or dahlia stalks, He sat under the boughs of a spreading tamarind tree which flanked a path running through the town hall park, It was a remarkable place in many ways: a surging crowd was always moving up and down this narrow road morning till night. A variety of trades and occupations was represented all along its way: medicine sellers, sellers of stolen hardware and junk, magicians, and, above all, an auctioneer of cheap cloth, who created enough din all day to attract the whole town. Next to him in vociferousness came a vendor of fried groundnut, who gave his ware a fancy name each day, calling it "Bombay Ice Cream" one day, and on the next "Delhi Almond," and on the third "Raja's Delicacy," and so on and so forth, and people flocked to him. A considerable portion of this crowd dallied before the astrologer too. The astrologer transacted his business by the light of a flare which crackled and smoked up above the groundnut heap nearby.
(Extracted with edits from "An Astrologer's Day" by R.K. Narayan)- CLAT - 2025
- Reading Comprehension
- The "Nari Shakti Vandan Adhiniyam", 2023 Act received near-unanimous support in both the Lok Sabha and the Rajya Sabha. The legislation mandates the reservation of one-third of all seats in the Lok Sabha, state legislative assemblies, and Delhi (as a union territory with an elected assembly) for women. This linking of the implementation of the Act to the implementing of two long-term exercises of census and delimitation, makes little sense to many, and sounds quite like empowerment delayed for now.
In a 2012 article 'Holding Up Half the Sky: Reservations for Women in India', Rudolf C Heredia breaks down the common misconceptions that cloud our understanding of women's political participation- "When women do attain a national leadership role it is often because they have inherited the mantle from their fathers ophusbands, rather than as persons in their own right and are then projected as matriarchs, part of the joint family, complementary to the patriarchy rather than a challenge to it."
In 'Equality versus Empowerment: Women in Indian Legislature', 2023, Soumya Bhowmick makes the case for going a step beyond quotas, and to turn our attention to the complexities that shape women's agency in the country. This, he argues, would require a bottoms-up approach, rather than merely handing out reservations in a top-down manner. "In a country like India with a considerably large heterogeneous population, the dissemination of legislative power would be insufficient to protect the interests of minority groups such as women, Scheduled Castes, and Scheduled Tribes." He concludes that "implementing the idea of reservation for women would bring about descriptive representation, but its transformation into substantive representation would depend on the change in the attitudes of the people."
While the reservation of one-third of seats for women belonging to the scheduled castes and tribes under the amendment to article 330a and 332 of the constitution is a welcome step, it remains to be seen whether it fully acknowledges the complex interplay of hierarchies, socio-political relationships which also affect the extent and nature of complications that surround effective realisation of women's politics for Indian politics to emerge as a truly emancipatory space.- CLAT - 2025
- National Affairs
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