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Legal Aptitude-16
Miscellaneous – 2
 For questions 1 to 15

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Read the given passages and answer the questions that follow.

PASSAGE – 1

The journey of the concept of Good Governance in modern times 1.

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Which of the following is the plausible inference, in support of

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has gone through many phases. In the pre-independence period central aspects of good-governance, can be attributed to the
Gandhi's vision of good governance essentially meant democratic author of the above passage?

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decentralisation which entailed power to the Gram Panchayats 1. Good governance seeks to devolve power to empower
and people at the lowest level of political hierarchy. By the early people to take governance related decisions.

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1990s, however, the idea of good governance had turned into a
metaphor of donor-conditionality for the debt-ridden countries of
Asia and Africa. It was often blamed for social unrest and political
upheaval in many parts of the world. But freed from the element
2. Central pillar of Good Governance protects the norms of
fairness, rule of law and equity.
3. With Good governance aspects of Accountability and
transparency cannot be divorced.

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of coercion and external force, the concept retained a certain 4. Good Governance in case of national threat recognizes
attraction spurring a number of policy initiatives based on the the restriction of citizen's rights.

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demand for participatory development, transparency in decision
making and shape their destiny. Select the correct answer using the code given below:
(a) 1 and 3 only
(b) 2 and 4 only
It would be good to bear in mind that governance refers to the
interaction between government and other actors of the social (c) 2 and 3 only
sphere and the process of decision making in a complex world. (d) All of the above
Important though it is, the idea of governance need not be
restricted only to the government. It is to be seen as a part of the
complex matrix of relationship. The core values that go into the
making of good governance are participatory decision-making,
accountability and transparency, efficient and responsive
structure underlying the political system and equity which
involves fairness and rule of law. A society striving to achieve the
ideals of good governance needs to work on these values to
ensure that people get their rightful share in the fruits of
development of the country.
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2. Based on the author's arguments in the passage above,
which of the following would be most correct:
4.

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Recently a committee was set up to study in detail the rising
menace of Criminalization of Politics. However, the Union

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Government was trying to suppress certain background

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1. Core of good-governance is essentially about
reports and, without them Committee Report was "baseless".
empowerment.
The matter now is before the consideration of the Apex

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2. Concept of good-governance was forced upon many Court. Based on the Author's reasoning, will the court
countries which led to political upheaval. consider suppression of report as a violation of principles of
governance?

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(a) No, this is because it would make every governmental
Select the correct answer using the code given below: functionary overcautious about taking the simplest of

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(a) 1 only decisions.
(b) No, national security is the foremost concern of a nation.
(b) 2 only
(c) Yes, constitutional rights and structure of governance
(c) Both 1 and 2

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will survive only if the report is released.
(d) Neither 1 nor 2 (d) Yes, such a disclosure is stated to be essential for the
maintenance of democracy and for ensuring that

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transparency in government is secured and preserved.

3. In the 17th Lok Sabha there are close to half of its new
Members of Parliament (MPs) with declared criminal cases.
Some of the MPs with criminal background and/or charged
with offences involving moral turpitude are appointed as
ministers in Central and State Governments. If this is true,
then, based on the author's reasoning in the passage above:
(a) Good governance norms uphold the principle of
Fairness, Rule of law, Transparence which will collapse
on the appointment.
(b) Constitution allows and does not prohibit anyone with
criminal background to be appointed as the Minister.
(c) Good governance norms will not be violated as most of
the cases are frivolous and malicious.
(d) Court can take the decision on the legalities of such
appointments.
5. Suppose a young political activist was murdered and one of
the persons arrested happened to be an active politician who
had held important political positions. If this is true, then,
based on the author's reasoning in the passage above:
(a) In the age of competitive politics such murders are
collateral and incidental damage.
(b) Political Activism has nothing to do with the good
governance. Thus, murder is just a casualty.
(c) Good Governance is concerned about the larger welfare
of the public. Means to acquire power is irrelevant.
(d) Good Governance has suffered a severe dent when the
politician happens to be one of the culprits.
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6. Recently in Legislature a Bill is passed fixing a time limit for
the conclusion of the criminal proceedings against politician.
7.

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Which one of the following is not correct according to the
information given in the passage?

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A politician has challenged this law being discriminatory and (a) Participatory decision-making, accountability and

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arbitrary. Based on the author's reasoning, what should be transparency etc. are important for a society striving to
the decision of the court: achieve the ideals of good governance.

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(a) Challenge will be successful because Court should (b) Good-governance when used as donor-conditionality
operate independent of Legislative mandate. and enforced through the use of external force can lead

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to social unrest.
(b) Challege will be a failure as the law is formulated
minding the malaise of criminalization and resultant (c) An efficient structure underlying the political system and

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erosion of good governance. equity which involves fairness and rule of law helps in
ensuring that people get their rightful share in the fruits
(c) Challenge will be successful because the law clearly of development of the country.
encroaches into the judicial domain.
(d) Good governance is the interaction between

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(d) Challenge will be a failure because politicians cannot government and other actors of the social sphere and
challenge the law. the process of decision making in a complex world.

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PASSAGE – 2
Hungamaland is known for exotic wines, beers and other
alcoholic drinks. Hungamaland liquor is one of the best
attractions of the world. Recently, Hungamaland witnessed a
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change in ruling political party which came to power on the
promise of prohibition of alcohol. In pursuance of the political
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promise, Govt. of Hungamaland notified the closure of breweries.
Closure order led to huge unemployment. Reports pointed a rise
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in criminal activities by the unemployed populace. To remedy the
situation, Govt. notified the employment of the brewery workers in
Coal mines. This notification successfully led to a decline in the
crimes. However after two years, Hungamaland Govt. closed the
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sulphur emitting coal mines by withdrawing the employment
notification. Govt. argued due to Paris commitment, achievement
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of the climate targets has become imminent.
Later on, Government of Hungamaland announced tax
exemptions and subsidies to promote industrial production. To
bridge inter-regional disparities, investment allowances were
announced for investors who set up industries in the rural areas.
Laws and notifications were formulated to give effect to the
announcements. Hungamaland to raise revenue, withdrawn the
tax exemptions, subsidies & investment allowances laws and
notifications. Investors and Industrialists pleaded for the right of
being heard before the withdrawal which was not conceded.
(Contd.)
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In due course, Hungamaland policies gave a big boost to the
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economy. To deal with any dispute arising out of the terms,
conditions and contract of services, Tribunal was established
by the Hungamaland Legislature. Tribunal was headed by a
Chairman. Law stipulated that Chairman shall continue for 5
years from the date of joining the services or till the attainment
of 65 years, whichever is earlier. After two years, Legislature
abolished the Tribunal by passing a Tribunal (Repeal) law.
Government Contracts are useful instrument to deliver public
service. Contract/Tender notifications lay down the following
guidelines:-
1. A person has a legal expectation of being treated in a
certain way by administrative/legislative authority.
2. The expectation may arise either from a representation
or promise made by the authority, including an implied
representation, or from consistent past practice.
3. Principle of legal expectation requires opportunity of
being heard to the person affected where a promise is
made and is withdrawn.
4. Change in Govt. Policy due to overriding public interest
must be given due weight while considering claim of
legal expectation.
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8. Unemployed workers challenged the action of Govt. on 10. The appellants questioned the legality directing

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account of legal expectation of continuous employment. Has discontinuance of benefits. Can Investors successfully raise
Government violated the law? Choose the option with the the claim of violation of legal expectation? Decide.

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correct answer and explanation.

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(a) Yes, Claim can be raised as there was violation of legal
(a) Yes, Legal Expectation of the workers is violated as expectation operating in favor of Investors and
they have rightly assumed the promise of continued Industrialists. Furthermore, Natural Justice of fair

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employment on the basis of the notification. hearing stands violated.
(b) No, Case of legal expectation will be negatived due to (b) No, Legal Expectation is not violated as the economic

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overriding public interest of environmental concerns. downturn offsets the requirement of right of being heard.
(c) Yes, Worker's claims shall succeed as they were not (c) Doctrine of legal expectation is inapplicable since no

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provided the opportunity of being heard which a representation or promise was made by any authority
Fundamental Right. including the Legislature.
(d) No, Hungamaland should intelligibly exercise their Right (d) Legal Expectation is not a fundamental right thus non-

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to Vote to prevent recurrence of such situations. justiciable in a court of law.

9. Alex Hale who was appointed as chairman could not

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complete the 65 years or 5 years tenure. Hale attacked the
law on the ground of legal expectation of uninterrupted
employment. Did the Government breach the requirements of
contract guidelines?
(a) Yes, Alex Hale's legal Expectation stands contravened
due to arbitrary and unreasonable abolition of Tribunal.
(b) Yes, Alex Hale should have been provided the
opportunity of being heard.
(c) No, Principle of legal expectation is inapplicable since
no representation or promise was made by any
authority including the Legislature.
(d) No, Legal Expectation is not a matter of right thus
unenforceable.
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PASSAGE – 3

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The unanimous ruling of the International Court of Justice (ICJ), However, the above claim is at odds with the findings this week

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on Thursday, on the prevention of alleged acts of genocide of an Independent Commission of Enquiry established by the
against Rohingya Muslims has finally pinned legal responsibility government. The Commission acknowledged that war crimes

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on Myanmar's government for the military's large-scale excesses had indeed been committed during the military campaign,
of 2017. The court has further emphasised that an estimated when about 900 people were killed. But there was nothing to

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600,000 Rohingya resident in Myanmar still remained highly back the assertions of gang-rape, or evidence to presume any
vulnerable to attacks from the security forces. The ruling intent of genocide, it held. Although it could take years before

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vindicates findings by the UN and human rights groups on the
prevalence of hate speech, mass atrocities of rape and extra-
judicial killings, and torching of villages in Myanmar's Rakhine
province, leading to the forced migration of thousands to
the court pronounces the final verdict in the genocide case,
Thursday's injunction is an important victory for the refugees
languishing in Bangladeshi camps. It empowers the UN
Security Council to prevail upon Myanmar to take appropriate

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Bangladesh. The ruling pertains to the Gambia's suit on behalf of measures for the rehabilitation and repatriation of displaced
the Organisation of Islamic Cooperation (OIC), alleging that the communities. As the biggest regional player, China could play
brutalities by the defence services amounted to crimes of a constructive role to ensure a speedy return to normalcy in its

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genocide under the 1948 Genocide Convention. Arguing the
defence in person during the three-day public hearings last
month, Ms. Suu Kyi, who was elected in 2016, insisted that the
2017 violence was proportionate to the threat of insurgency. She
even questioned the Gambia's standing to bring the suit, saying
that there was no bilateral dispute.
neighbourhood. India has its own interests in an amicable
resolution of Myanmar's internal dispute. Above all, finding
closure to the current dispute would mark the completion of
Myanmar's return to civilian rule.

Rejecting the ICJ's ruling, Myanmar's Foreign Ministry has

accused rights groups of presenting the Court with a distorted
picture of the prevailing situation. In a statement, it defended the
army's action as a legitimate response to violations of the law by
the insurgent Arakan Rohingya Salvation Army.
(Contd.)
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11. Genocide means killing with intent to destroy, in whole or in 13. The Armenian Genocide refers to the deliberate and

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part, a national, ethnical, racial or religious group. Serbia was systematic destruction of the Armenian population of the
alleged to have attempted to exterminate the Bosniak Ottoman Empire during and just after World War I. It was

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(Bosnian Muslim) population of Bosnia and Herzegovina. implemented through extensive massacres and deportations,

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Based on the author's reasoning in the passage above, with the deportations consisting of forced marches under
decide the guilt of Serbia? conditions designed to lead to the death of the deportees.

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The total number of resulting deaths is generally held to have
(a) Serbia is guilty since Bosnian Muslim is the target of
been between one and one and a half million. If Armenia
systematic destruction.
brings a suit against Ottoman Empire, based only on the

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(b) Serbia is not guilty since Bosnian Muslim are also the author's reasoning in the given passage, would the
aggressors. International Court entertain the suit?

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(c) Serbia is guilty since Bosnian Muslim carries an ethnical (a) International Court would entertain the suit since
identity who are subjected to genocide. Armenian population is the target of systematic
destruction, massacre, deportation etc.
(d) No one is guilty.

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(b) International Court wouldn't entertain the suit since the
incidents occurred during the World War.

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(c) International Court would entertain the suit since it is the
12. Genocide means killing with intent to destroy, in whole or in
principal judicial organ of United Nations.
part, a national, ethnical, racial or religious group. The
Government of Sri Lanka has indulged in gross violations of (d) International Court would direct to initiate the
human rights against the innocent Tamil Community in the proceeding in the International Criminal Court.
War against Liberation Tigers of Tamil Eelam (LTTE) in the
year 2009, and during such operation, several civilians were
killed, tortured and maimed. In such a situation, based only
on the author's reasoning in the given passage, would the
Government of Sri Lanka be held liable for Genocide?
(a) Government of Sri Lanka be held liable since Tamil
Community is a significant group.
(b) Government of Sri Lanka cannot be held liable since
Tamil Community are hand in glove with terrorists.
(c) Government of Sri Lanka be held liable since Tamil
Community are ethnical and religious group who are
subjected to genocide.
(d) Both, Government of Sri Lanka and Tamil Community,
are guilty.
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14. Genocide means killing with intent to destroy, in whole or in 16. An act which causes death and is done with the intention of

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part, a national, ethnical, racial or religious group. Simele are causing death, or with the intention of causing such injury as
stateless people which cannot be put strictly into any is reasonably likely to lead to death, amounts to murder.

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national, ethnical, racial or religious group. In the 20th Culpable homicide is not murder if it is committed without

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century, the Simele massacre was committed by the armed premeditation in a sudden fight in the heat of passion. A fight
forces of the Kingdom of Iraq during a campaign which breaks out between fans of Calcutta Club Riders (CCR) and

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systematically targeted the Assyrians of northern Iraq in Punjab Maharajas Tigers (PMT) to decide which team is the
August 1933. Is Iraq guilty? second last in the tournament. A CCR fan smashes a bottle
of beer on to a PMT fan's face. The PMT fan, bleeding, takes

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(a) Iraq is guilty since Simele are stateless people.
the broken bottle and stabs the CCR fan, thereby killing him.
(b) Iraq is not guilty since Simele does not possess some What offence if any has been committed?

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form of identity.
(a) The PMT fan is guilty of murder.
(c) Iraq is guilty since Simele carries an ethnical identity
(b) The CCR fan is guilty of murder.
who are subjected to genocide.
(c) The PMT fan is guilty of culpable homicide not

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(d) Simele people doesn't deserve any sympathy.
amounting to murder.
(d) The PMT fan is not guilty.

15.

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Sarabjit, an Indian who was attacked in a prison in Pakistan
where he spent 22 years after being convicted of terrorism
and died in Pakistan. Sarabjit was an Indian national
convicted of terrorism and spying by a Pakistani court. Can
India bring a claim of genocide against Pakistan?
(a) India can bring a claim of genocide since Sarabjit is the
target of State killing and violence.
(b) India cannot bring a claim of genocide since Sarabjit
died being charged of terrorism and for not being a part
of any group.
(c) India can bring a claim of genocide since Sarabjit
carries an ethnical identity of a Sikh who is subjected to
genocide.
(d) Pakistan is always guilty.
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Thanks!
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