The document presents a critique of the United Nations (UN) organization, arguing that it has failed to carry out its charter-mandated tasks, specifically to ”maintain international peace and security” and ”to achieve international cooperation” in solving global problems. The author notes growing public frustration with catastrophic humanitarian situations and the failure of peace-keeping operations, leading to widespread scepticism about the possibility of ”revitalization”.
UN Reform Approaches
Discussions on UN reform are divided into two main categories: the conservative approach and the radical approach.
1. Conservative Approach:
The conservative view considers the existing Charter ”practically untouchable” and believes in improving ”collective security” as defined in Chapter VII. Key positions include:
- US Position: Prioritizes its own interests, supports better management and the creation of an Inspector General, favours enlarging the Security Council (to include Germany and Japan, mainly for financing peace-keeping), and associates the UN with regional organizations like NATO for peace enforcement. The US remains reluctant to allow full application of Chapter VII and views collective security restrictively.
- Secretary-General’s Position (Boutros Ghali): Advocated for the full implementation of ’collective security’ as envisaged in 1945, including the use of the Military Staff Committee (Article 47) and the conclusion of special agreements (Article 43) for providing armed forces. He also proposed ’peace enforcement units’ under the command of the Secretary-General and wider use of ’preventive diplomacy’. The report candidly recognized the Security Council’s incapacity to deal with threats from a major power.
2. Radical Approach:
The radical approach criticizes the principles of the present system and proposes an overhaul. It reflects increasing doubts about the value of the Charter’s collective security system, especially in intra-State conflicts. Radical proposals include:
- Establishing an Economic Security Council.
- Modifying the Charter with less reluctance.
- Reforming the IMF and World Bank.
- Developing a new global security system .
- The creation of a consultative parliamentary assembly at the world level.
Future Outlook:
The author asserts that no major or minor reform has any chance of being implemented now, primarily because the Charter’s amendment procedures (requiring a two-thirds majority including all five permanent Security Council members) preclude agreement. However, he concludes that the continuing deterioration of the global situation, driven by economic integration, rising inequality, and intra-State conflicts, will inevitably lead the political establishment to define a new global institutional structure. This future debate will become highly political.
The author attributes the growing public frustration with the UN primarily to which pair of continuous failures?
Show Hint
- The inability to define a new institutional structure and the spread of poverty.
- The persistent reliance on Chapter VII enforcement and the lack of a Central World Bank.
- The failure of peace-keeping operations and the spread of unemployment at a world level.
- The supremacy of the US position and the rejection of the Economic Security Council.
The Correct Option is C
Solution and Explanation
The question asks to identify the two main failures of the UN that, according to the author, have led to public frustration.
Step 2: Detailed Explanation:
The first paragraph of Passage 2 states: "The author notes growing public frustration with catastrophic humanitarian situations and the failure of peace-keeping operations..." This sentence directly gives two reasons. "Failure of peace-keeping operations" is one of them. The other is "catastrophic humanitarian situations," which are often linked to economic problems like unemployment and inequality (mentioned later in the text as a driver of global deterioration). Among the given options, option (C) lists "the failure of peace-keeping operations" and "the spread of unemployment at a world level." The latter can be reasonably inferred as a component of the "catastrophic humanitarian situations" and the failure to solve "global problems." No other option aligns as closely with the text.
Step 3: Final Answer:
Based on the direct statements and logical inferences from the text, the pair of failures best represented in the options is the failure of peace-keeping and widespread economic distress like unemployment. Thus, option (C) is the most appropriate answer.
A primary point of divergence between the US Conservative position and the Secretary-General's Conservative position on security matters, according to the summary is:
Show Hint
- The US supports the creation of 'peace enforcement units,' while the Secretary. General is opposed.
- The Secretary-General advocates for the full implementation of 'collective security', while the US restricts its participation in peace-keeping.
- The US views 'preventive diplomacy' as an illusion, whereas the Secretary-General supports its larger use.
- The US opposes the enlargement of the Security Council, while the Secretary. General supports the entrance of Japan and Germany.
The Correct Option is B
Solution and Explanation
The question asks for the main difference between the security views of the US and the Secretary-General, as described under the "Conservative Approach."
Step 2: Detailed Explanation:
The text outlines the two positions clearly:
- US Position: "views collective security restrictively" and is "reluctant to allow full application of Chapter VII."
- Secretary-General's Position: "Advocated for the full implementation of 'collective security' as envisaged in 1945."
This shows a direct conflict: one side wants full implementation, while the other wants a restricted version. Option (B) accurately captures this fundamental disagreement. Option (D) is factually incorrect according to the text, which states the US favours enlarging the council.
Step 3: Final Answer:
The core difference lies in the scope of 'collective security'. The Secretary-General supports its full implementation, whereas the US prefers a restricted approach. Option (B) correctly identifies this divergence.
According to the critique's conclusion, the immediate, insurmountable barrier preventing the implementation of any reform, major or minor, is:
Show Hint
- The widespread public scepticism and the rise of nationalist political parties.
- The Secretary-General's reluctance to give up command over new peace enforcement units.
- The procedural requirements for amending the Charter, specifically requiring the consensus of all five permanent Security Council members.
- The ideological debate on global governance and the lack of a complete theoretical framework for the radical approach.
The Correct Option is C
Solution and Explanation
The question asks for the main obstacle to UN reform, as stated in the "Future Outlook" section.
Step 2: Detailed Explanation:
The "Future Outlook" section addresses this directly. It states, "The author asserts that no major or minor reform has any chance of being implemented now, primarily because the Charter's amendment procedures (requiring a two-thirds majority including all five permanent Security Council members) preclude agreement." This sentence explicitly identifies the amendment procedure, which gives veto power to the five permanent members, as the key barrier. Option (C) is a precise summary of this statement.
Step 3: Final Answer:
The text clearly states that the Charter's amendment procedure is the primary barrier to reform. Therefore, option (C) is the correct answer.
The Secretary-General's 'Agenda for Peace' proposed a specific military capability intended to address the gap between traditional peace-keeping and full military action. This proposed unit was explicitly characterized by the summary as being:
Show Hint
- Composed of permanent Member State forces under Article 43 agreements.
- Less heavily armed than peace-keeping forces and under the direction of the Military Staff Committee.
- More heavily armed than peace-keeping forces and under the command of the Secretary-General.
- Primarily associated with NATO under a regional security arrangement.
The Correct Option is C
Solution and Explanation
The question asks for the characteristics of the military units proposed by the Secretary-General to bridge the gap between peacekeeping and war.
Step 2: Detailed Explanation:
The text, under "Secretary-General's Position," mentions that he "proposed 'peace enforcement units' under the command of the Secretary-General." The term "peace enforcement" implies a more robust, forceful capability than traditional "peace-keeping." To fill the gap between peacekeeping and "full military action," these units would logically need to be more heavily armed than standard peacekeepers. The text also explicitly states they would be "under the command of the Secretary-General." Option (C) combines both of these correct characteristics.
Step 3: Final Answer:
The proposed units are described as 'peace enforcement units' under the Secretary-General's command, which implies they are more heavily armed than traditional peacekeepers. Option (C) is the correct description.
The Radical Approach to reform, as outlined in the summary, calls for an institutional overhaul of global economic governance by suggesting which two specific actions related to the Bretton Woods institutions?
Show Hint
- The full use of Article 42 and the reduction of social inequality.
- The creation of an Economic Security Council and the replacement of the IMF with a Central World Bank.
- The implementation of international taxation and the institutionalization of G7 summit meetings.
- The transfer of significant resources from rich to poor countries and the reform of the World Bank's structure.
The Correct Option is B
Solution and Explanation
The question asks for two specific proposals from the "Radical Approach" that relate to global economic governance and the Bretton Woods institutions (IMF and World Bank).
Step 2: Detailed Explanation:
The text lists the "Radical proposals." Two of these are: "Establishing an Economic Security Council" and "Reforming the IMF and World Bank." The Radical Approach is described as proposing an "overhaul." Option (B) includes "The creation of an Economic Security Council," which is a direct match. It also suggests "the replacement of the IMF with a Central World Bank." While the text says "Reforming," replacement is the most extreme form of reform and fits well within a "Radical Approach" that proposes a complete "overhaul." None of the other options contain proposals listed directly under the Radical Approach section.
Step 3: Final Answer:
The proposals of creating an Economic Security Council and radically overhauling (replacing) the IMF are consistent with the "Radical Approach" described in the passage. Therefore, option (B) is the best answer.
Top Questions on International Law
Match the LIST-I with LIST-II
Choose the correct answer from the options given below:
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- Which of the following statements is NOT directly related to the Universal Declaration of Human Rights?
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Questions Asked in CLAT PG exam
“Section 55 of the Indian Contract Act says that when a party to a contract promises to do a certain thing within a specified time but fails to do so, the contract or so much of it as has not been performed, becomes voidable at the option of the promisee if the intention of the parties was, that time should be of the essence of the contract. If time is not the essence of the contract, the contract does not become voidable by the failure to do such thing on or before the specified time but the promisee is entitled to compensation from the promisor for any loss occasioned to him by such failure. Further, if in case of a contract voidable on account of the promisor’s failure to perform his promise within the time agreed and the promisee accepts performance of such promise at any time other than that agreed, the promisee cannot claim compensation for any loss occasioned by the non-performance of the promise at the time agreed, unless, at the time of such acceptance he gives notice to the promisor of his intention to do so.
Sections 73 and 74 deal with consequences of breach of contract. Heading of Sec tion 73 is compensation for loss or damage caused by breach of contract. When a contract is broken, the party who suffers by such breach is entitled to receive from the party who has broken the contract compensation for any loss or damage caused to him thereby which naturally arose in the usual course of things from such breach or which the parties knew when they made the contract to be likely to result from the breach of it. On the other hand, Section 74 deals with compen sation for breach of contract where penalty is stipulated for. When a contract is broken, if a sum is mentioned in the contract as the amount to be paid in case of such breach or if the contract contains any other stipulation by way of penalty, the party complaining of the breach is entitled whether or not actually damage or loss is proved to have been caused thereby, to receive from the party who has broken the contract reasonable compensation not exceeding the amount so named or the penalty stipulated for.”
tracted from: Consolidated Construction Consortium Limited v Software Technol ogy Parks of India 2025 INSC 574- CLAT PG - 2026
- Contract Law
“Law treats all contracts with equal respect and unless a contract is proved to suffer from any of the vitiating factors, the terms and conditions have to be enforced regardless of the relative strengths and weakness of the parties.
Section 28 of the Contract Act does not bar exclusive jurisdiction clauses. What has been barred is the absolute restriction of any party from approaching a legal forum. The right to legal adjudication cannot be taken away from any party through contract but can be relegated to a set of Courts for the ease of the parties. In the present dispute, the clause does not take away the right of the employee to pursue a legal claim but only restricts the employee to pursue those claims before the courts in Mumbai alone.
... the Court must already have jurisdiction to entertain such a legal claim. This limb pertains to the fact that a contract cannot confer jurisdiction on a court that did not have such a jurisdiction in the first place.”
Extracted from: Rakesh Kumar Verma v HDFC Bank Ltd 2025 INSC 473- CLAT PG - 2026
- Contract Law
- “The law is well settled that a constitutional court can award monetary compen sation against the State and its officials for its failure to safeguard fundamental rights of citizens but there is no system or method to measure the damages caused in such situations. Quite often the courts have a difficult task in determining dam ages in various fact situations. The yardsticks normally adopted for determining the compensation payable in private tort claims are not as such applicable when a constitutional court determines the compensation in cases where there is a viola tion of fundamental rights guaranteed to its citizens.
... In D.K. Basu v. State of W.B. [(1997) SCC 1 416], a Constitution Bench of this Court held that there is no straitjacket formula for computation of damages and we find that there is no uniformity or yardstick followed in awarding damages for violation of fundamental rights. In Rudul Sah case [Rudul Sah v. State of Bihar, (1983) 4 SCC 141] this Court used the terminology ’palliative’ for measuring the damages and the formula of ’adhoc’ was applied. In Sebastian Hongray case [Se bastian M. Hongray v. Union of India, (1984) 3 SCC 82] the expression used by this Court for determining the monetary compensation was ’exemplary’ costs and the formula adopted was ’punitive’. In Bhim Singh case [Bhim Singh v. State of J & K, (1985) 4 SCC 677], the expression used by the Court was ’compensation’ and the method adopted was ’tortious formula’. In D.K. Basu v. State of W.B. [(1997) SCC 1 416] the expression used by this Court for determining the compensation was ’monetary compensation’. The formula adopted was ’cost to cost’ method. Courts have not, therefore, adopted a uniform criterion since no statutory formula has been laid down.”
tracted from: Municipal Corporation of Delhi, Delhi v Uphaar Tragedy Victims Association (2011) 14 SCC 481- CLAT PG - 2026
- Constitutional Laws
- It is well recognized that actionable negligence in context of medical profession involves three constituents (i) duty to exercise due care; (ii) breach of duty and (iii) consequential damage. However, a simple lack of care, an error of judgment or an accident is not sufficient proof of negligence on part of the medical professional so long as the doctor follows the acceptable practice of the medical profession in discharge of his duties. He cannot be held liable for negligence merely because a better alternative treatment or course of treatment was available or that more skilled doctors were there who could have administered better treatment.
A medical professional may be held liable for negligence only when he is not pos sessed with the requisite qualification or skill or when he fails to exercise reasonable skill which he possesses in giving the treatment. None of the above two essential conditions for establishing negligence stand satisfied in the case at hand as no ev idence was brought on record to prove that Dr. Neeraj Sud had not exercised due diligence, care or skill which he possessed in operating the patient and giving treatment to him. When reasonable care, expected of the medical professional, is extended or rendered to the patient unless contrary is proved, it would not be a case for actionable negligence.
tracted with edits and revisions from Neeraj Sud v Jaswinder Singh 2024 INSC 825- CLAT PG - 2026
- Law of Torts
Today, in the year 2025, we have been experiencing the drastic consequences of large scale destruction of environment on human lives in the capital city of our country and in many other cities. At least for a span of two months every year, the residents of Delhi suffocate due to air pollution. The AQI level is either dangerous or very dangerous. They suffer in their health. The other leading cities are not far behind. The air and water pollution in the cities is ever increasing. Therefore, coming out with measures such as the 2021 Official Memorandum is violative of fundamental rights of all persons guaranteed under Article 21 to live in a pollution free environment. It also infringes the right to health guaranteed under Article 21 of the Constitution.
The 2021 OM talks about the concept of development. Can there be development at the cost of environment? Conservation of environment and its improvement is an essential part of the concept of development. Therefore, going out of the way by issuing such OMs to protect those who have caused harm to the environment has to be deprecated by the Courts which are under a constitutional and statutory mandate to uphold the fundamental right under Article 21 and to protect the environment. In fact, the Courts should comedown heavily on such attempts. As stated earlier, the 2021 OM deals with project proponents who were fully aware of the EIA notification and who have taken conscious risk to flout the EIA notification and go ahead with the construction/continuation/expansion of projects. They have shown scant respect to the law and their duty to protect the environment. Apart from violation of Article 21, such action is completely arbitrary which is violative article 14 of the Constitution of India, besides being violative of the 1986 Act and the EIA notification.
(Extracted with edits from Vanashakti v. Union of India, 2025 INSC 718)- CLAT PG - 2026
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