CLAT UG Legal Reasoning Flashcards

24 sample cards from the Legal Reasoning deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. What does the maxim 'Salus populi suprema lex' mean?

   The welfare of the people is the supreme law; public welfare overrides private interests.

2. What is the meaning of 'Pari passu'?

   On equal footing / at the same rate; treating creditors or parties equally and proportionately, especially in distribution of assets.

3. Which Part and Articles of the Indian Constitution contain the Fundamental Rights?

   Part III of the Constitution, covering Articles 12 to 35.

4. List the six categories of Fundamental Rights currently guaranteed under the Constitution.

   1) Right to Equality (Arts 14-18); 2) Right to Freedom (Arts 19-22); 3) Right against Exploitation (Arts 23-24); 4) Right to Freedom of Religion (Arts 25-28); 5) Cultural and Educational Rights (Arts 29-30); 6) Right to Constitutional Remedies (Art 32).

5. What does Article 14 of the Constitution guarantee?

   Equality before the law and equal protection of the laws to all persons within the territory of India.

6. What freedoms are guaranteed under Article 19(1)?

   Six freedoms: (a) speech and expression, (b) assembly peaceably without arms, (c) forming associations or unions, (d) free movement throughout India, (e) residence and settlement anywhere in India, and (g) practising any profession or carrying on any occupation, trade or business.

7. What does Article 21 of the Constitution guarantee?

   Protection of life and personal liberty - no person shall be deprived of his life or personal liberty except according to procedure established by law.

8. Which Fundamental Right did the Supreme Court recognise as part of Article 21 in K.S. Puttaswamy (2017)?

   The Right to Privacy was recognised as a fundamental right intrinsic to the right to life and personal liberty under Article 21.

9. What does Article 32 provide, and why did Dr. Ambedkar call it the 'heart and soul' of the Constitution?

   Article 32 gives the right to move the Supreme Court directly for enforcement of Fundamental Rights through writs; Ambedkar called it the heart and soul because it guarantees a remedy that makes the other rights meaningful.

10. Name the five types of writs available under Articles 32 and 226.

    Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.

11. What is the purpose of the writ of Habeas Corpus?

    'To have the body'; it directs that a detained person be produced before the court to test the legality of their detention and secure release if it is unlawful.

12. What does the writ of Mandamus do?

    'We command'; it commands a public authority or lower court to perform a public or statutory duty that it has failed or refused to perform.

13. What is the difference between the writs of Prohibition and Certiorari?

    Prohibition is issued while a case is pending to stop a lower court/tribunal from exceeding its jurisdiction; Certiorari is issued after a decision to quash an order passed without or in excess of jurisdiction or against natural justice.

14. What does the writ of Quo Warranto do?

    'By what authority'; it questions the legal right of a person to hold a public office and ousts them if the claim is unfounded.

15. In which Part and Articles are the Directive Principles of State Policy contained?

    Part IV of the Constitution, covering Articles 36 to 51.

16. Are the Directive Principles of State Policy legally enforceable in court?

    No. Under Article 37 they are not enforceable by any court, but they are fundamental in the governance of the country and the State has a duty to apply them in making laws.

17. What is the basic distinction between Fundamental Rights and Directive Principles?

    Fundamental Rights are justiciable (enforceable in court) and impose negative limits on the State; Directive Principles are non-justiciable (not enforceable) and are positive directions guiding State policy toward social and economic welfare.

18. Which Directive Principle directs the State to secure a uniform civil code, and under which Article?

    Article 44 directs the State to endeavour to secure for citizens a uniform civil code throughout the territory of India.

19. What does Article 39A (a Directive Principle) provide for?

    It directs the State to promote equal justice and provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

20. What is the doctrine of 'harmonious construction' as applied between Fundamental Rights and Directive Principles?

    Courts try to interpret the two so that both are given effect as far as possible, avoiding conflict; where harmony is impossible, the courts balance them to uphold the constitutional scheme.

21. What is 'Judicial Review' in the Indian context?

    The power of the judiciary (Supreme Court and High Courts) to examine the constitutionality of legislative enactments and executive actions and to declare them void if they violate the Constitution.

22. On what grounds can a law be struck down through judicial review in India?

    Mainly: (1) it violates Fundamental Rights or other constitutional provisions, (2) it is beyond the legislative competence of the enacting body, and (3) it is repugnant to the Constitution or violates its basic structure.

23. Which Articles are the primary constitutional basis for judicial review of laws violating Fundamental Rights?

    Article 13 (declaring laws inconsistent with Fundamental Rights void), together with Article 32 (Supreme Court) and Article 226 (High Courts) for enforcement.

24. What is the 'Basic Structure Doctrine' and which case established it?

    It holds that Parliament can amend the Constitution under Article 368 but cannot alter or destroy its basic structure or essential features; it was established in Kesavananda Bharati v. State of Kerala (1973).

What this deck covers

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