Legal Reasoning...

Passage - 1

Fundamental rights guaranteed by the Constitution are, in the absence of specific constitutional provisions, mainly enforceable against "the State ". The definition of 'the State 'in article 12 being an "inclusive "one, courts have ruled that where there is pervasive or predominant governmental control or significant involvement in its activity, such bodies, entities and organizations fall within the definition of "the State ".
Article 14 is one of the most important Articles of the Indian constitution and it is also regarded as part of the golden triangle of the Constitution along with Article 19 and 21 .In India, this right is very important because there has been a widespread socio-economic difference which has been in existence from a long time. People have been discriminated on the basis of their gender or the religion they follow, therefore Article 14 was included in the Constitution to remove such inequalities and bring all the people under the equal protection of the law. Another important point about this Article is that it not only imposes a duty on the State to abstain from discriminating people but it also puts a positive duty to
take such action by which the inequalities can be bridged between the people. Article 19(1)(a) refers to "freedom of speech and expression ". Article 21 refers to right to life.

Following Constitutional principles are need to be taken into perspective while dealing with questions:
1. Fundamental rights shall be made applicable only to the legislative or administrative actions of the state and not the private actions.
2. The State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
3. State means Parliament of India, State Legislatures, Government of India, State Governments and local authorities wherein the Government exercises voting right or right to appoint the management committee.
4. State shall provide and ensure fundamental right to free and compulsory education to all children of the age of six to fourteen years.
5. State shall not discriminate against any citizen on grounds only of sex, religion and place of birth.
6. Fundamental right of equality before the law means treating equals equally and unequal 's unequally.
7. Any law or administrative action of the state which takes away or abridges fundamental right guaranteed to the citizen, to the extent of contravention, shall be void.
8. Kavita Madhukar, daughter of famous freedom fighter Late Raghu Madhukar, runs a chain of private unaided schools in the State of Madhya Bharat. Madhukar Vidyalaya introduces a new compulsory subject in the curriculum named 'Sex Education and Maternity Care 'for all the girls above the age of 11 years. Child rights activist, Veena Dave challenges the new curriculum as violative of fundamental right of compulsory education and discriminates on basis of sex. 

Q. Decide which of the following statements can most reasonably be inferred by application of the above mentioned principles?

Passage - 1

Fundamental rights guaranteed by the Constitution are, in the absence of specific constitutional provisions, mainly enforceable against "the State ". The definition of 'the State 'in article 12 being an "inclusive "one, courts have ruled that where there is pervasive or predominant governmental control or significant involvement in its activity, such bodies, entities and organizations fall within the definition of "the State ".
Article 14 is one of the most important Articles of the Indian constitution and it is also regarded as part of the golden triangle of the Constitution along with Article 19 and 21 .In India, this right is very important because there has been a widespread socio-economic difference which has been in existence from a long time. People have been discriminated on the basis of their gender or the religion they follow, therefore Article 14 was included in the Constitution to remove such inequalities and bring all the people under the equal protection of the law. Another important point about this Article is that it not only imposes a duty on the State to abstain from discriminating people but it also puts a positive duty to
take such action by which the inequalities can be bridged between the people. Article 19(1)(a) refers to "freedom of speech and expression ". Article 21 refers to right to life.

Following Constitutional principles are need to be taken into perspective while dealing with questions:
1. Fundamental rights shall be made applicable only to the legislative or administrative actions of the state and not the private actions.
2. The State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
3. State means Parliament of India, State Legislatures, Government of India, State Governments and local authorities wherein the Government exercises voting right or right to appoint the management committee.
4. State shall provide and ensure fundamental right to free and compulsory education to all children of the age of six to fourteen years.
5. State shall not discriminate against any citizen on grounds only of sex, religion and place of birth.
6. Fundamental right of equality before the law means treating equals equally and unequal 's unequally.
7. Any law or administrative action of the state which takes away or abridges fundamental right guaranteed to the citizen, to the extent of contravention, shall be void.
8. Kavita Madhukar, daughter of famous freedom fighter Late Raghu Madhukar, runs a chain of private unaided schools in the State of Madhya Bharat. Madhukar Vidyalaya introduces a new compulsory subject in the curriculum named 'Sex Education and Maternity Care 'for all the girls above the age of 11 years. Child rights activist, Veena Dave challenges the new curriculum as violative of fundamental right of compulsory education and discriminates on basis of sex. 

Q. If the legislature of Madhya Bharat introduces a similar change in curriculum of all the government schools, whether the same can be challenged to be in violation of fundamental right to free and compulsory education?

Passage - 1

Fundamental rights guaranteed by the Constitution are, in the absence of specific constitutional provisions, mainly enforceable against "the State ". The definition of 'the State 'in article 12 being an "inclusive "one, courts have ruled that where there is pervasive or predominant governmental control or significant involvement in its activity, such bodies, entities and organizations fall within the definition of "the State ".
Article 14 is one of the most important Articles of the Indian constitution and it is also regarded as part of the golden triangle of the Constitution along with Article 19 and 21 .In India, this right is very important because there has been a widespread socio-economic difference which has been in existence from a long time. People have been discriminated on the basis of their gender or the religion they follow, therefore Article 14 was included in the Constitution to remove such inequalities and bring all the people under the equal protection of the law. Another important point about this Article is that it not only imposes a duty on the State to abstain from discriminating people but it also puts a positive duty to
take such action by which the inequalities can be bridged between the people. Article 19(1)(a) refers to "freedom of speech and expression ". Article 21 refers to right to life.

Following Constitutional principles are need to be taken into perspective while dealing with questions:
1. Fundamental rights shall be made applicable only to the legislative or administrative actions of the state and not the private actions.
2. The State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
3. State means Parliament of India, State Legislatures, Government of India, State Governments and local authorities wherein the Government exercises voting right or right to appoint the management committee.
4. State shall provide and ensure fundamental right to free and compulsory education to all children of the age of six to fourteen years.
5. State shall not discriminate against any citizen on grounds only of sex, religion and place of birth.
6. Fundamental right of equality before the law means treating equals equally and unequal 's unequally.
7. Any law or administrative action of the state which takes away or abridges fundamental right guaranteed to the citizen, to the extent of contravention, shall be void.
8. Kavita Madhukar, daughter of famous freedom fighter Late Raghu Madhukar, runs a chain of private unaided schools in the State of Madhya Bharat. Madhukar Vidyalaya introduces a new compulsory subject in the curriculum named 'Sex Education and Maternity Care 'for all the girls above the age of 11 years. Child rights activist, Veena Dave challenges the new curriculum as violative of fundamental right of compulsory education and discriminates on basis of sex. 

Q. If State of Madhya Bharat enacts legislation granting an option to all the students above the age of eleven years to choose for subject of 'Sex Education and Maternity Care ', whether the same can be held in violation of fundamental right?

Passage - 1

Fundamental rights guaranteed by the Constitution are, in the absence of specific constitutional provisions, mainly enforceable against "the State ". The definition of 'the State 'in article 12 being an "inclusive "one, courts have ruled that where there is pervasive or predominant governmental control or significant involvement in its activity, such bodies, entities and organizations fall within the definition of "the State ".
Article 14 is one of the most important Articles of the Indian constitution and it is also regarded as part of the golden triangle of the Constitution along with Article 19 and 21 .In India, this right is very important because there has been a widespread socio-economic difference which has been in existence from a long time. People have been discriminated on the basis of their gender or the religion they follow, therefore Article 14 was included in the Constitution to remove such inequalities and bring all the people under the equal protection of the law. Another important point about this Article is that it not only imposes a duty on the State to abstain from discriminating people but it also puts a positive duty to
take such action by which the inequalities can be bridged between the people. Article 19(1)(a) refers to "freedom of speech and expression ". Article 21 refers to right to life.

Following Constitutional principles are need to be taken into perspective while dealing with questions:
1. Fundamental rights shall be made applicable only to the legislative or administrative actions of the state and not the private actions.
2. The State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
3. State means Parliament of India, State Legislatures, Government of India, State Governments and local authorities wherein the Government exercises voting right or right to appoint the management committee.
4. State shall provide and ensure fundamental right to free and compulsory education to all children of the age of six to fourteen years.
5. State shall not discriminate against any citizen on grounds only of sex, religion and place of birth.
6. Fundamental right of equality before the law means treating equals equally and unequal 's unequally.
7. Any law or administrative action of the state which takes away or abridges fundamental right guaranteed to the citizen, to the extent of contravention, shall be void.
8. Kavita Madhukar, daughter of famous freedom fighter Late Raghu Madhukar, runs a chain of private unaided schools in the State of Madhya Bharat. Madhukar Vidyalaya introduces a new compulsory subject in the curriculum named 'Sex Education and Maternity Care 'for all the girls above the age of 11 years. Child rights activist, Veena Dave challenges the new curriculum as violative of fundamental right of compulsory education and discriminates on basis of sex. 

Q. If Madhukar Vidyalaya would have been an aided chain of schools, whether the challenge filed by Mrs. Veena Dave could be upheld by a court of law?

Passage - 1

Fundamental rights guaranteed by the Constitution are, in the absence of specific constitutional provisions, mainly enforceable against "the State ". The definition of 'the State 'in article 12 being an "inclusive "one, courts have ruled that where there is pervasive or predominant governmental control or significant involvement in its activity, such bodies, entities and organizations fall within the definition of "the State ".
Article 14 is one of the most important Articles of the Indian constitution and it is also regarded as part of the golden triangle of the Constitution along with Article 19 and 21 .In India, this right is very important because there has been a widespread socio-economic difference which has been in existence from a long time. People have been discriminated on the basis of their gender or the religion they follow, therefore Article 14 was included in the Constitution to remove such inequalities and bring all the people under the equal protection of the law. Another important point about this Article is that it not only imposes a duty on the State to abstain from discriminating people but it also puts a positive duty to
take such action by which the inequalities can be bridged between the people. Article 19(1)(a) refers to "freedom of speech and expression ". Article 21 refers to right to life.

Following Constitutional principles are need to be taken into perspective while dealing with questions:
1. Fundamental rights shall be made applicable only to the legislative or administrative actions of the state and not the private actions.
2. The State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
3. State means Parliament of India, State Legislatures, Government of India, State Governments and local authorities wherein the Government exercises voting right or right to appoint the management committee.
4. State shall provide and ensure fundamental right to free and compulsory education to all children of the age of six to fourteen years.
5. State shall not discriminate against any citizen on grounds only of sex, religion and place of birth.
6. Fundamental right of equality before the law means treating equals equally and unequal 's unequally.
7. Any law or administrative action of the state which takes away or abridges fundamental right guaranteed to the citizen, to the extent of contravention, shall be void.
8. Kavita Madhukar, daughter of famous freedom fighter Late Raghu Madhukar, runs a chain of private unaided schools in the State of Madhya Bharat. Madhukar Vidyalaya introduces a new compulsory subject in the curriculum named 'Sex Education and Maternity Care 'for all the girls above the age of 11 years. Child rights activist, Veena Dave challenges the new curriculum as violative of fundamental right of compulsory education and discriminates on basis of sex. 

Q. If the State of Madhya Bharat decides to derecognize Madhukar Vidyalaya from its recognition for introducing the course of 'sex education and maternity care ', whether such an action can be held to be in violation of fundamental right of free and compulsory education?

Passage - 1

Fundamental rights guaranteed by the Constitution are, in the absence of specific constitutional provisions, mainly enforceable against "the State ". The definition of 'the State 'in article 12 being an "inclusive "one, courts have ruled that where there is pervasive or predominant governmental control or significant involvement in its activity, such bodies, entities and organizations fall within the definition of "the State ".
Article 14 is one of the most important Articles of the Indian constitution and it is also regarded as part of the golden triangle of the Constitution along with Article 19 and 21 .In India, this right is very important because there has been a widespread socio-economic difference which has been in existence from a long time. People have been discriminated on the basis of their gender or the religion they follow, therefore Article 14 was included in the Constitution to remove such inequalities and bring all the people under the equal protection of the law. Another important point about this Article is that it not only imposes a duty on the State to abstain from discriminating people but it also puts a positive duty to
take such action by which the inequalities can be bridged between the people. Article 19(1)(a) refers to "freedom of speech and expression ". Article 21 refers to right to life.

Following Constitutional principles are need to be taken into perspective while dealing with questions:
1. Fundamental rights shall be made applicable only to the legislative or administrative actions of the state and not the private actions.
2. The State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
3. State means Parliament of India, State Legislatures, Government of India, State Governments and local authorities wherein the Government exercises voting right or right to appoint the management committee.
4. State shall provide and ensure fundamental right to free and compulsory education to all children of the age of six to fourteen years.
5. State shall not discriminate against any citizen on grounds only of sex, religion and place of birth.
6. Fundamental right of equality before the law means treating equals equally and unequal 's unequally.
7. Any law or administrative action of the state which takes away or abridges fundamental right guaranteed to the citizen, to the extent of contravention, shall be void.
8. Kavita Madhukar, daughter of famous freedom fighter Late Raghu Madhukar, runs a chain of private unaided schools in the State of Madhya Bharat. Madhukar Vidyalaya introduces a new compulsory subject in the curriculum named 'Sex Education and Maternity Care 'for all the girls above the age of 11 years. Child rights activist, Veena Dave challenges the new curriculum as violative of fundamental right of compulsory education and discriminates on basis of sex. 

Q. Only Parliament or State Legislatures have the authority to enact laws on their own. No law made by the State can take away a person 's fundamental rights. The organs of governance follow the doctrine of separation of powers and each organ is supposed to work within its own sphere. Parliament enacted a law, which according to a group of lawyers is violating the fundamental rights of traders. A group of lawyers file a writ petition challenging the Constitutional validity of the statute seeking relief to quash the statute and further direct Parliament to enact a new law.

Passage - 1

Fundamental rights guaranteed by the Constitution are, in the absence of specific constitutional provisions, mainly enforceable against "the State ". The definition of 'the State 'in article 12 being an "inclusive "one, courts have ruled that where there is pervasive or predominant governmental control or significant involvement in its activity, such bodies, entities and organizations fall within the definition of "the State ".
Article 14 is one of the most important Articles of the Indian constitution and it is also regarded as part of the golden triangle of the Constitution along with Article 19 and 21 .In India, this right is very important because there has been a widespread socio-economic difference which has been in existence from a long time. People have been discriminated on the basis of their gender or the religion they follow, therefore Article 14 was included in the Constitution to remove such inequalities and bring all the people under the equal protection of the law. Another important point about this Article is that it not only imposes a duty on the State to abstain from discriminating people but it also puts a positive duty to
take such action by which the inequalities can be bridged between the people. Article 19(1)(a) refers to "freedom of speech and expression ". Article 21 refers to right to life.

Following Constitutional principles are need to be taken into perspective while dealing with questions:
1. Fundamental rights shall be made applicable only to the legislative or administrative actions of the state and not the private actions.
2. The State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
3. State means Parliament of India, State Legislatures, Government of India, State Governments and local authorities wherein the Government exercises voting right or right to appoint the management committee.
4. State shall provide and ensure fundamental right to free and compulsory education to all children of the age of six to fourteen years.
5. State shall not discriminate against any citizen on grounds only of sex, religion and place of birth.
6. Fundamental right of equality before the law means treating equals equally and unequal 's unequally.
7. Any law or administrative action of the state which takes away or abridges fundamental right guaranteed to the citizen, to the extent of contravention, shall be void.
8. Kavita Madhukar, daughter of famous freedom fighter Late Raghu Madhukar, runs a chain of private unaided schools in the State of Madhya Bharat. Madhukar Vidyalaya introduces a new compulsory subject in the curriculum named 'Sex Education and Maternity Care 'for all the girls above the age of 11 years. Child rights activist, Veena Dave challenges the new curriculum as violative of fundamental right of compulsory education and discriminates on basis of sex. 

Q. There is presumption of validity in favour of every law passed by legislature. Any law in violation of fundamental rights is void. Which of the following derivation is incorrect?

Passage - 1

Fundamental rights guaranteed by the Constitution are, in the absence of specific constitutional provisions, mainly enforceable against "the State ". The definition of 'the State 'in article 12 being an "inclusive "one, courts have ruled that where there is pervasive or predominant governmental control or significant involvement in its activity, such bodies, entities and organizations fall within the definition of "the State ".
Article 14 is one of the most important Articles of the Indian constitution and it is also regarded as part of the golden triangle of the Constitution along with Article 19 and 21 .In India, this right is very important because there has been a widespread socio-economic difference which has been in existence from a long time. People have been discriminated on the basis of their gender or the religion they follow, therefore Article 14 was included in the Constitution to remove such inequalities and bring all the people under the equal protection of the law. Another important point about this Article is that it not only imposes a duty on the State to abstain from discriminating people but it also puts a positive duty to
take such action by which the inequalities can be bridged between the people. Article 19(1)(a) refers to "freedom of speech and expression ". Article 21 refers to right to life.

Following Constitutional principles are need to be taken into perspective while dealing with questions:
1. Fundamental rights shall be made applicable only to the legislative or administrative actions of the state and not the private actions.
2. The State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
3. State means Parliament of India, State Legislatures, Government of India, State Governments and local authorities wherein the Government exercises voting right or right to appoint the management committee.
4. State shall provide and ensure fundamental right to free and compulsory education to all children of the age of six to fourteen years.
5. State shall not discriminate against any citizen on grounds only of sex, religion and place of birth.
6. Fundamental right of equality before the law means treating equals equally and unequal 's unequally.
7. Any law or administrative action of the state which takes away or abridges fundamental right guaranteed to the citizen, to the extent of contravention, shall be void.
8. Kavita Madhukar, daughter of famous freedom fighter Late Raghu Madhukar, runs a chain of private unaided schools in the State of Madhya Bharat. Madhukar Vidyalaya introduces a new compulsory subject in the curriculum named 'Sex Education and Maternity Care 'for all the girls above the age of 11 years. Child rights activist, Veena Dave challenges the new curriculum as violative of fundamental right of compulsory education and discriminates on basis of sex. 

Q. Every citizen shall have a fundamental right to livelihood within the territory of India. Sukrit is a sincere and hardworking employee in Zenada Pvt. Ltd., a logistics firm in Ghaziabad. One morning when Sukrit reaches his office, he is served with a notice of termination of employment. He replies to the notice but not to the satisfaction of the Board of Directors and his termination became absolute. Sukrit files a writ petition as he pleads violation of his fundamental right to livelihood. Decide.

Passage - 2

An appellate court, commonly called an appeals court, court of appeals, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort), which primarily reviews the decisions of the intermediate courts. A jurisdiction 's supreme court is that jurisdiction 's highest appellate court. Appellate courts may follow varying rules from country to country. The authority of appellate courts to review decisions of lower courts varies widely from one jurisdiction to another. In some places, the appellate court has limited powers of review. Generally speaking, an appellate court 's judgment provides the final directive of the appeals courts with regard to the matter appealed, setting out with specificity the court 's decision on whether the action that has been appealed should be affirmed, reversed, remanded or modified.
In the United States, both state and federal appellate courts are usually restricted to examining whether the lower court made the correct legal determinations, rather than hearing direct evidence and determining what the facts of the case were. Furthermore, US appellate courts are usually restricted to hearing appeals based on matters that were originally brought up before the trial court. Hence, such an appellate court will not consider an appellant 's argument if it is based on a theory that is raised for the first time in the appeal.
In most US states, and in US federal courts, parties before the court are allowed one appeal as a right. This means that a party who is unsatisfied with the outcome of a trial may bring an appeal to contest that outcome. However, appeals may be costly, and the appellate court must find an error on the part of the court below that justifies upsetting the verdict. Therefore, only a small proportion of trial court decisions result in appeals. Some appellate courts, particularly supreme courts, have the power of discretionary review, meaning that they can decide whether they will hear an appeal brought in a particular case.

Q. Which of these is not an action usually performed by the US state and federal appellate courts?

Passage - 2

An appellate court, commonly called an appeals court, court of appeals, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort), which primarily reviews the decisions of the intermediate courts. A jurisdiction 's supreme court is that jurisdiction 's highest appellate court. Appellate courts may follow varying rules from country to country. The authority of appellate courts to review decisions of lower courts varies widely from one jurisdiction to another. In some places, the appellate court has limited powers of review. Generally speaking, an appellate court 's judgment provides the final directive of the appeals courts with regard to the matter appealed, setting out with specificity the court 's decision on whether the action that has been appealed should be affirmed, reversed, remanded or modified.
In the United States, both state and federal appellate courts are usually restricted to examining whether the lower court made the correct legal determinations, rather than hearing direct evidence and determining what the facts of the case were. Furthermore, US appellate courts are usually restricted to hearing appeals based on matters that were originally brought up before the trial court. Hence, such an appellate court will not consider an appellant 's argument if it is based on a theory that is raised for the first time in the appeal.
In most US states, and in US federal courts, parties before the court are allowed one appeal as a right. This means that a party who is unsatisfied with the outcome of a trial may bring an appeal to contest that outcome. However, appeals may be costly, and the appellate court must find an error on the part of the court below that justifies upsetting the verdict. Therefore, only a small proportion of trial court decisions result in appeals. Some appellate courts, particularly supreme courts, have the power of discretionary review, meaning that they can decide whether they will hear an appeal brought in a particular case.

Q. Which of the following courts is authorized to initially determine the facts of the cases?