Insta_Legal 2.

Rankers’ Study Material

Part of the most Comprehensive Classroom Training, Prep Content & Test Series across the Nation.
From the producers of A.I.R. 2, 3 and 5 in CLAT 2019.

MOST IMPORTANT TOPICS FOR LEGAL REASONING AND THEIR LUCID EXPLANATIONS

IMPORTANCE OF INSTA_LEGAL 2.0

 We have prepared a list of around 150 topics (90 of these were shared with you earlier). There is a good possibility
that the passages in the upcoming CLAT will be around these topics. So to boost your preparation, we have
prepared a summary of each topic and will be sharing with you on our telegram channel.

 Insta_Legal 2.0 will contain the summary of not just 90 topics that we have shared earlier but also many new topics
which we have added recently.

 Those of you who have already gone through the Insta_Legal before should not skip Insta_Legal 2.0. owing to the
relevance Insta_Legal 2.0 Holds, reading it multiple times before your exam will help you in understanding the
passage with much more clarity and efficiency.

HAPPY READING 😊

SNOOPING BY GOVERNMENT - PRIVACY VS. STATE SECURITY

1. Privacy per se is an undisputed right of an individual comprehensively bonded with his/her life. Privacy becomes
matter of controversy when it is mishandled/intruded illegitimately by erroneous individuals.
2. Breach of privacy by oneself is less effective whereas deployed by third party is heinous. The disclosure of private
information by third party brings disgrace/shame to victims although they are ignorant of.
3. Even though projected matter is of national interest primarily there is a right infringement complied with it. In the lights
of judicial decisions/decrees right to privacy is protected as an intrinsic part of life and personal liberty enshrined under
Article 21 of Indian Constitution.
4. In Justice K.S. Puttaswamy (Retd) vs Union of India, a nine-judge bench of the Supreme Court unanimously held
that Indians have a constitutionally protected fundamental right to privacy.
5. It held that privacy is a natural right that inheres in all-natural persons, and that the right may be restricted only by
state action that passes each of the three tests: First, such state action must have a legislative mandate; Second, it
must be pursuing a legitimate state purpose; and third, it must be proportionate i.e., such state action - both in its
nature and extent, must be necessary in a democratic society and the action ought to be the least intrusive of the
available alternatives to accomplish the ends.
6. A welcome aspect of the judgment is that it makes it clear that sexual orientation is part of privacy and constitutionally
protected, and that the 2014 verdict upholding Section 377 of the Indian Penal Code is flawed.
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7. The answer to privacy and security is different. Often, privacy is enshrined in law. So, the driving factor is the law.
8. In security, there are actually very few security laws. There are many best practices. And there are many technical
standards, but not laws.
9. Privacy and security, they go hand-in-hand. You can’t have one without the other, you can’t have good privacy without
good security.
10. Privacy as a value finds itself at loggerheads with notions of national security, the needs of a knowledge society and
even socio-economic policy.

SECTION 144 OF CR.P.C (UNLAWFUL ASSEMBLY)

1. “Section 144 CrPC” was recently widely invoked by police forces across the country in order to contain the massive
public protests against the recently passed Citizenship Amendment Act.
2. It gives power to a District Magistrate, a sub- divisional Magistrate or any other Executive Magistrate on behalf of the
State Government to issue an order to an individual or the general public in a particular place or area to “abstain from
a certain act” or “to take certain order with respect to certain property in his possession or under his management”.
3. This order can be passed against a particular individual or general public or the order can be passed even ex-parte
(for one party). As held by the Supreme Court, mere apprehension of danger is not a sufficient ground to curb citizens’
rights by invoking Section 144 CrPC.
4. Section 144 restricts carrying any sort of weapon in that area where it has been imposed and people can be detained
for violating it. The maximum punishment for such an act is three years.
5. According to the order under this section, there shall be no movement of public and all educational institutions shall
also remain closed and there will be a complete bar on holding any kind of public meetings or rallies during the period
of operation of this order.
6. Section 144 also empowers the authorities to block the internet access.
7. No order under Section 144 shall remain in force for more than two months but the state government can extent
the validity for two months and maximum up to six months. It can be withdrawn at any point of time if situation becomes
normal.
8. As per the Section, the order can be passed only “if such Magistrate considers”, that the direction is likely to prevent:
obstruction, annoyance or injury to any person lawfully employed; danger to human life, health or safety; disturbance
of the public tranquility, or a riot or affray.
9. The orders under this provision will lead to the infringement of fundamental rights to freedom of speech and
expression, assembly and movement guaranteed under Articles 19(1)(a), (b) and (c) of the Constitution. Hence,
the orders under Section 144 have to meet the test of “reasonable restrictions” as per Article 19.
10. To ascertain whether a restriction on liberties guaranteed under Article 19 is reasonable or not, the Supreme Court
has developed the “test of proportionality”.
11. In Puttaswamy case (2017), the SC laid down a four-fold test to determine proportionality:
A measure restricting a right must have a legitimate goal (legitimate goal stage);
It must be a suitable means of furthering this goal (suitability or rationale connection stage);
There must not be any less restrictive but equally effective alternative (necessity stage);
The measure must not have a disproportionate impact on the right holder (balancing stage).

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SABRIMALA ISSUE - THE CONFLICT BETWEEN LAW AND BELIEF

1. The Supreme Court has referred to a 7 judge- bench a clutch of review petitions challenging its September 2018
verdict allowing entry of women of all age groups into the Sabarimala temple.
2. In 3:2 majority verdict, two judges stuck to their earlier stand of quashing the custom which barred entry of women
between the ages of 10 and 50 years.
3. The split decision came on 65 petitions – 56 review petitions, four fresh writ petitions and five transfer pleas – which
were filed after the apex court verdict of September 28, 2018 sparked violent protests in Kerala.
4. Restrictions on women in religious places are not limited to Sabarimala alone and are prevalent in other religions
too. The issue of entry of women into mosques and Agiyari could also be taken by the larger bench.
5. Both sections of the same religious group have a right to freely profess, practise and propagate their religious beliefs
as being integral part of their religion by virtue of Article 25 of the Constitution of India.
6. The case has constitutional as well as cultural dimensions. Displaying great cultural sensitivity, a division Bench of the
Kerala High Court had, back in 1991, pointed out that “age regulation” in Sabarimala is not unconstitutional.
7. In Sabarimala, the deity is worshipped in the form of Naishtika Brahmacharior a celibate, as pointed out by the Kerala
High Court.
8. Preventing women’s entry to the Sabarimala temple with an irrational and obsolete notion of “purity” clearly offends the
equality clauses in the Constitution.
9. In any civilised society, gender equality is to be treated as one of the core values. It denotes a patriarchal and partisan
approach.
10. The entry prohibition takes away the woman’s right against discrimination guaranteed under Article 15(1) of the
Constitution. It curtails her religious freedom assured by Article 25(1).
11. Prohibition of women’s entry to the shrine solely on the basis of womanhood and the biological features associated
with womanhood is derogatory to women, which Article 51A(e) aims to renounce.
12. The classification based on age is an act of discrimination based on sex.

RTI AS PART OF 19(1)(A) OF INDIAN CONSTITUTION

1. The Right to information is indisputably a fundamental right. It is a facet of “right to speech and expression” as provided
in art 19(1) (a).
2. Right to know has increased the efficiency of decision-making process. It has set a transparency and determines
accountability in the working of public department.
3. Reduction in corruption in public department is due to the implementation of Right to Information Act, 2005.
4. The phenomena of right to information gained momentum when Art 19 of the universal declaration of human right
was adopted in 1948 ensuring, “everyone has the right to freedom of opinion and expression.”
5. This right includes freedom to hold opinions without interference and to seek, receive and impart information and
ideas through any media and regardless of frontiers.
6. The international covenant on civil and political right 1996 says that, “everyone shall have the right to freedom of
expression, the freedom to seek and impart information and ideas of all kind, regardless of frontiers”.
7. To provide a freedom to every citizen to access official information the freedom of Information Act, 2002 has been
passed. It has been passed to promote openness, transparency and accountability in administration and in relation
to matters connected therewith and incidental thereto.
8. This act has been amended in 2005 extending its provision to centre/ state governments, panchayats, local bodies,
recipients of governments and other related matters.
9. Right to know is the species of the right to speech and expression provided by the Article 19(1) (a) of the constitution
of India. A citizen has a fundamental right to access towards information.

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10. It is the duty of the state to protect the fundamental right. But it is also requisite to provide the opportunities under
which this right can be effectively enjoyed by all. It is relevant to state here that a true democracy cannot exist unless
all citizens have a right to participate in the public functioning.

TRANSFER OF PROPERTY LAW

1. The Transfer of Property Act, 1882 is one of the oldest Act in India.
2. Property is a very wide term and would include anything which carries some value and over which the right of
ownership may be exercised.
3. In Raichand v. Dattatrya AIR 1964 Bom 344 case the court observed that the word property in its most
comprehensive sense includes all legal rights of a person except his personal rights, which constitute his status or
personal condition.
4. Under English law, the property is generally classified into real property and personal property. The real property
comprises of all properties admitted to specific recovery and is freehold interests in land.
5. Property in respect of which only a personal action lay was classified as personal property. Personal property is all
forms of property other than real property.
6. In Indian law, the distinction of properties is immovable and movable property.
7. A transfer of property may confer upon the transferee an interest, which carries with it the right to immediate
possession. Then that interest is said to be an estate in praesenti (at the present time). If there is no right to immediate
possession, then the interest in question is said to be an estate de future (in the future).
8. The preamble to the Transfer of Property Act, 1882, lays down that it is an Act to define and amend the law relating
to the transfer of property by act of parties.
9. A Bill was presented to the Legislative Council, became a law on the 17th of February 1882 and came into force from
1st July of the same year. Before that, the transfer of immovable property was governed by principles of English law
and equity.
10. The Transfer of Property Act, 1882 mainly deals with the transfer of immovable property. It does not apply to transfers
by the operation of law such as transfer of immovable property necessitated by Order of Court for insolvency or
forfeiture among others.
11. There are 8 Chapters and 137 Sections. It is applicable to the whole of India.

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