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| Name | CLAT PG 2021 Question Paper - Fully Answered, Solved & Explained - Part 1 |
| Video Uploader | Video From LawMint |
| Upload Date | This Video Uploaded At 22-12-2021 06:43:30 |
| Video Discription | Check out our CLAT PG Mock Test and Previous paper series at https://lawmint.com In this 10 part video series, we will cover all the comprehension passages and questions from the CLAT PG 2021 previous question paper - with answers and explanations. In each part, we will cover two passages and the comprehension questions associated with them. Part 1 - https://youtu.be/c2r_xrXm694 Part 2 - https://youtu.be/cF0bUxvaXTY Part 3 - https://youtu.be/7crjpjWJYTQ Part 4 - https://youtu.be/BARcSO1UJZE Part 5 - https://youtu.be/zNTjfXX8ylk Part 6 - https://youtu.be/Af1Q7SE9oe8 Part 7 - https://youtu.be/Do1h8RnmK1I Part 8 - https://youtu.be/L8hur8QPtdI Part 9 - https://youtu.be/X9yrJ3HUfGY Part 10 - https://youtu.be/nA0-GCXeNrg ------------------------------------------------ Passages covered in this part : ------------------------------------------------ Passage 1 : In jurisprudence, distinction between theoretical and practical aspects of law is the basis of an independent science of law, the purpose of which is not to subserve practical ends but to serve pure knowledge, which is concerned with facts but not with words. At the present time, the juristic science is an exclusively a practical science of law and adequate methods have been evolved for the application of law by the judges. The result of this situation is that its teaching on the subject of law and legal relations, subject matter and method, can be given only by the practical science of law. It aims to supply the judge with legal propositions, formulated in the most general terms possible, in order that the greatest possible number of decisions might be derived from them. It teaches the judge how to apply the general propositions to the specific cases. However, the human thinking is necessarily dominated by the underlying purpose and the thinking of the jurist is conditioned by the practical purposes pursued by juristic science. The jurist does not mean by law that which lives and is operative in human society as law, but law exclusively important in the administration of justice as a rule according to which the judges must decide the legal disputes. However, juristic science as a whole proceeds by abstractions and deductions but sometimes loses contact with reality. The rule of human conduct and the rule according to which the judges decide legal disputes may be distinct; a layman does not always act according to the rules which the judges apply for the judicial decisions as the rules to guide human conduct. However, the scientific view has given way to the practical view, adapted to the requirements of the judicial officials according to which they must proceed, but they arrive at this view by a jump in their personal thinking. They mean that the rules according to which courts decide are the rules according to which men ought to regulate their conduct. In this respect it is altogether different from true science. It is true that that judicial decisions influence the conduct of men, but we must first of all inquire to what extent this is true and upon what circumstances it depends. ------------------- Passage 2 : Human liberty is a precious constitutional value; it is as tenuous as tenuous can be. Liberty survives by the vigilance of her citizens, on the cacophony of the media and in the dusty corridors of courts alive to the rule of (and not by) law. The doors of the court cannot be closed to a citizen who is able to establish prima facie that the instrumentality of the State is being weaponized for using the force of criminal law to the detriment of human liberty. The basic entitlement of every citizen who is faced with allegations of criminal wrongdoing, is that the investigative process should be fair. This is an integral component of the guarantee against arbitrariness under Article 14 and of the right to life and personal liberty under Article 21. The Supreme Court considered the given principle in Arnab Manoranjan Goswami v. State of Maharashtra, [AIR 2021 SC 1], which binds that the courts must be alive to the need to safeguard the public interest while ensuring that the due enforcement of criminal law is not obstructed. The fair investigation of crime is an aid to it. Equally it is the duty of courts across the spectrum-the district judiciary, the High Courts and the Supreme Court to ensure that the criminal law does not become a weapon for the selective harassment of citizens. The inherent power of the High Court must be construed as an aid to preserve the constitutional value of liberty. The writ of liberty runs through the fabric of the Constitution. The need to ensure fair investigation of crime is undoubtedly important in itself, because it protects at one level, the rights of the victim and, at a more fundamental level, the societal interest in ensuring that crime is investigated and dealt in accordance with law. On the other hand, the misuse of the criminal law is a matter of which the courts in this country must be alive. |
| Category | Education |
| Tags | CLAT PG | CLAT LLM | CLAT PG Mock Test | CLAT PG Previous Question paper | CLAT LLM Entrance | CLAT PG LLM Preparation |
