Q1. If Parliament enacts a law that requires a trade union to open its membership to all the employees, then
(a) such a law would not infringe any fundamental right to freedom of association.
(b) the law of the Parliament would curtail an individual’s right not to join any association.
(c) such a law would curtail the union members’ right to decide with whom they would like to associate.
(d) such a law would render the employment contract off ered by Gajodhar Pharmaceuticals to Syed Monirful Alam unenforceable.
Q2. If Gajodhar Pharmaceuticals enter into an agreement with GMS wherein the former agrees to hire only the existing members of GMS as employees, then
(a) the agreement would be illegal as it would curtail the union members’ right to decide with whom they would like to associate.
(b) such an agreement would infringe the union’s right to decide with whom to associate and therefore is legally not enforceable.
(c) the agreement would not be enforceable as it would infringe upon the employer’s right not to join an association.
(d) the constitutionality of this agreement cannot be contested on grounds of contravention of fundamental rights as such rights are not applicable to private persons.
Q3. If Parliament enacts a legislation prohibiting strikes by trade unions of employees engaged in pharmaceutical industry, then
(a) the legislation would not violate the right to freedom of association.
(b) the legislation would curtail the right of trade unions to strike and therefore violate freedom of association.
(c) since strike is only one of the objectives with which a trade union is formed, right to strike is not protected by the right to freedom of association.
(d) none of the above.
Directions: Each problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the questions. In answering the following questions, you should not rely on any rule(s) except the rule(s) that are supplied for every problem. Further, you should not assume any fact other than those stated in the problem. Rule: Whoever finds an unattended object can keep it unless the true owner claims that object. This does not aff ect the property owner’s right to the ownership of the property on which the object is found. The right to ownership of a property does not include the right to ownership of unattended objects on that property. Facts: Elizabeth is the CEO of a global management services company in Chennai and is on her way to Ranchi to deliver a convocation address at India’s leading business school on the outskirts of Ranchi. Flying business class on Dolphin Airlines, she is entitled to use the lounge owned by the airline in Chennai airport while waiting for her flight. She finds a diamond earring on the floor of the lounge and gives it to the staff of Dolphin Airlines expressly stating that in the event of nobody claiming the earring within six months, she would claim it back. The airline sells the earring after eight months and Elizabeth files a case to recover the value of the earring from the airline when she is informed about its sale.
Q4. As a judge you would order that
(a) Elizabeth is not entitled to compensation because the earring was found on the property of the airline and therefore, the airline is entitled to sell it.
(b) the airline must compensate Elizabeth because owning the lounge does not give the airline the right over all things that might be found on it.
(c) the airline must compensate Elizabeth because while accepting the earring from Elizabeth they had agreed to return it if nobody claimed it within six months.
(d) Elizabeth is not entitled to compensation because she did not claim the earring after the expiry of six months and the airline waited for a couple more months before selling it.
Q5. Assume now that Elizabeth was only an economy class passenger and was not entitled to use the airline’s lounge. However, she manages to gain entry and finds the earring in the lounge. The rest of the above facts remain the same. Will her illegal entry into the lounge aff ect Elizabeth’s right to keep the earring (or be compensated for its value)?
(a) Yes, the airline claims that Elizabeth’s entry into the lounge was illegal and therefore she has no right over anything she found there.
(b) No, because Elizabeth’s class of travel has no bearing on the outcome in this case.
(c) Cannot be determined as we need to know how Elizabeth was able to access the airline’s lounge.
(d) None of the above.
Q6. To the original fact scenario, the following fact is added: In the lounge there are numerous signboards which proclaim ‘Any unattended item will be confiscated by Dolphin Airlines’. In this case, you would
(a) order the airline to pay compensation to Elizabeth because the board in the lounge cannot grant property rights over unattended objects to the airline.
(b) deny Elizabeth compensation because the signboard makes it evident that the airline, as owner of the lounge, is exercising all rights over all unattended items in the lounge and the earring is one such item.
(c) deny Elizabeth compensation because she knew any unattended item belonged to the airline.
(d) order the airline to pay compensation to Elizabeth because the property rights of the airline are relevant only if the item is unattended. The moment Elizabeth found the earring, it belonged to her.
Directions: Each problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the questions. In answering the following questions, you should not rely on any rule(s) except the rule(s) that are supplied for every problem. Further, you should not assume any fact other than those stated in the problem. Rule A: The State shall not discriminate, either directly or indirectly, on the grounds of sex, race, religion, caste, creed, sexual orientation, marital status, disability, pregnancy, place of birth, gender orientation, or any other status. Rule B: Direct discrimination occurs when for a reason related to one or more prohibited grounds a person or group of persons is treated less favorably than another person or another group of persons in a comparable situation. Rule C: Indirect discrimination occurs when a provision, criterion, or practice which is neutral on the face of it would have the eff ect of putting persons having a status or a characteristic associated with one or more prohibited grounds at a particular disadvantage compared with other persons. Rule D: Discrimination shall be justified when such discrimination is absolutely necessary in order to promote the well-being of disadvantaged groups, such as women, dalits, religious minorities, sexual minorities, or disabled persons. Facts: On 2nd October 2010, the Governor of the State of Bihar ordered the release of all women prisoners who were serving sentence of less than one year imprisonment to mark the occasion of Mahatma Gandhi’s birthday.
Q7. Which of the following is correct with respect to the Governor’s order?
(a) It discriminates directly on the ground of sex.
(b) It discriminates indirectly on the ground of sex.
(c) It does not discriminate on the ground of sex.
(d) It discriminates directly as well as indirectly on the ground of sex.
Q8. Is the Governor’s order justified under Rule D?
(a) Yes, because it is for the well-being of women prisoners.
(b) No because it is not absolutely necessary for the well-being of women prisoners.
(c) No, because it does not promote the well-being of women prisoners or the society.
(d) None of the above.
Q9. Assume that the Governor also made a second order requiring the release of all persons under the age of 25 and over the age of 65 who were serving a sentence of less than one year’s imprisonment. Under the rules, this order is
(a) directly discriminatory.
(b) indirectly discriminatory.
(c) not discriminatory.
(d) discriminatory, but justifiable.
Q10. Assume further that the government made a third order, releasing all graduate prisoners who are serving a sentence of less than one year’s imprisonment. Which of the following statistics would have to be true for this order to be indirectly discriminatory?
(a) Only 13% of the prison population in Bihar have graduation degree.
(b) Of the graduate prisoners 89% belong to upper castes.
(c) Only 25% women in Bihar get a graduation degree.
(d) All of the above.
Q11. Rule E: A discriminatory act shall be justified if its eff ect is to promote the well-being of disadvantaged groups, such as women, Dalits, religious minorities, sexual minorities, or disabled persons.
Would the first order of release of all women prisoners be justified under Rule E?
(a) Yes, because it promotes the well-being of women.
(b) No, because it does not promote the wellbeing of women prisoners.
(c) No, because it does not promote the well-being of all disadvantaged groups equally.
(d) None of the above.
Directions: Each problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the questions. In answering the following questions, you should not rely on any rule(s) except the rule(s) that are supplied for every problem. Further, you should not assume any fact other than those stated in the problem. Rules: A. A minor is a person who is below the age of eighteen. However, where a guardian administers the minor’s property the age of majority is twenty-one. B. A minor is not permitted by law to enter into a contract. Hence, where a minor enters into a contract with a major person, the contract is not enforceable. This eff ectively means that neither the minor nor the other party can make any claim on the basis of the contract. C. In a contract with a minor, if the other party hands over any money or confers any other benefit on the minor, the same shall not be recoverable from the minor unless the other party was deceived by the minor to hand over money or any other benefit. The other party will have to show that the minor misrepresented her age, he was ignorant about the age of the minor and that he handed over the benefit on the basis of such representation Facts: Ajay convinces Bandita, a girl aged 18 that she should sell her land to him. Bandita’s mother Chaaru is her guardian. Nonetheless Bandita, without the permission of Chaaru, sells the land to Ajay for a total sum of rupees fifty lakh, paid in full and final settlement of the price. Chaaru challenges this transaction claiming that Bandita is a minor and hence the possession of the land shall not be given to Ajay. Thus, Ajay is in a difficult situation and has no idea how to recover his money from Bandita.
Q12. Chaaru is justified in challenging the sale transaction because
(a) Bandita is of unsound mind and is not in a position to make rational decisions.
(b) though Bandita is eighteen years old, she will be treated as a minor, as Chaaru is her guardian.
(c) though Bandita is eighteen year old, she cannot sell the land without the permission of her mother.
(d) though Bandita is eighteen year old she should not be treated like a person who has attained the age of majority.
Q13. Ajay can be allowed to recover the money only if he can show that
(a) he was deceived by Bandita who misrepresented her age.
(b) he honestly believed that Bandita was empowered under the law to sell the land.
(c) he was an honest person who had paid the full price of the land to Bandita.
(d) Both a and b
Q14. In order to defend the sale, Bandita will need to show that
(a) Bandita has attained the age of majority.
(b) Bandita is mature enough to make rational decisions regarding her own aff airs.
(c) the sale transaction was beneficial to her interest and will enhance her financial status.
(d) None of the above.
Q15. Which of the following is correct?
(a) Ajay should be allowed to recover the money because even though there is no contract, Bandita and Chaaru should not be allowed to unjustly benefit from Ajay’s money.
(b) Ajay should be allowed the possession of the land because Chaaru can always decide to approve the transaction between Ajay and Bandita.
(c) Ajay should not be allowed to recover because he induced Bandita, a minor, to sell the land.
(d) None of the above.
1. (a) 2. (d) 3. (a) 4. (b) 5. (b) 6. (a) 7. (a) 8. (b) 9. (c) 10. (b) 11. (a) 12. (b) 13. (b) 14. (a) 15. (a)