1. Under which of the following jurisdiction can any individual, whose fundamental right has been violated, can directly move the Supreme Court for remedy?





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MCQ->Under which of the following jurisdiction can any individual, whose fundamental right has been violated, can directly move the Supreme Court for remedy?....
MCQ-> Read the following passage carefully and answer the questions given at the end. When Ratan Tata moved the Supreme Court, claiming his right to privacy had been violated, he called Harish Salve. The choice was not surprising. The former solicitor general had been topping the legal charts ever since he scripted a surprising win for Mukesh Ambani against his brother Anil. That dispute set the gold standard for legal fees. On Mukesh’s side were Salve, Rohinton Nariman, and Abhishek Manu Singhvi. The younger brother had an equally formidable line-up led by Ram Jethmalani and Mukul Rohatgi.The dispute dated back three-and-a-half years to when Anil filed case against his brother for reneging on an agreement to supply 28 million cubic metres of gas per day from its Krishna-Godavari basin fields at a rate of $ 2.34 for 17 years. The average legal fee was Rs. 25 lakh for a full day's appearance, not to mention the overnight stays at Mumbai's five-star suites, business class travel, and on occasion, use of the private jet. Little wonder though that Salve agreed to take on Tata’s case pro bono. He could afford philanthropy with one of India’s wealthiest tycoons.The lawyers’ fees alone, at a conservative estimate, must have cost the Ambanis at least Rs. 15 crore each. Both the brothers had booked their legal teams in the same hotel, first the Oberoi and, after the 26/ ll Mumbai attacks, the Trident. lt’s not the essentials as much as the frills that raise eyebrows. The veteran Jethmalani is surprisingly the most modest in his fees since he does not charge rates according to the strength of the client's purse. But as the crises have multiplied, lawyers‘fees have exploded.The 50 court hearings in the Haldia Petrochemicals vs. the West Bengal Government cost the former a total of Rs. 25 crore in lawyer fees and the 20 hearings in the Bombay Mill Case, which dragged on for three years, cost the mill owners almost Rs. 10 crore. Large corporate firms, which engage star counsels on behalf of the client, also need to know their quirks. For instance, Salve will only accept the first brief. He will never be the second counsel in a case. Some lawyers prefer to be paid partly in cash but the best are content with cheques. Some expect the client not to blink while picking up a dinner tab of Rs. 1.75 lakh at a Chennai five star. A lawyer is known to carry his home linen and curtains with him while travelling on work. A firm may even have to pick up a hot Vertu phone of the moment or a Jaeger-LeCoutre watch of the hour to keep a lawyer in good humour.Some are even paid to not appear at all for the other side - Aryama Sundaram was retained by Anil Ambani in the gas feud but he did not fight the case. Or take Raytheon when it was fighting the Jindals. Raytheon had paid seven top lawyers a retainer fee of Rs. 2.5 lakh each just to ensure that the Jindals would not be able to make a proper case on a taxation issue. They miscalculated when a star lawyer fought the case at the last minute. “I don’t take negative retainers”, shrugs Rohatgi, former additional solicitor general. “A Lawyer’s job is to appear for any client that comes to him. lt’s not for the lawyers to judge if a client is good or bad but the court”. Indeed. He is, after all, the lawyer who argued so famously in court that B. Ramalinga Raju did not ‘fudge any account in the Satyam Case. All he did was “window dressing”.Some high profile cases have continued for years, providing a steady source of income, from the Scindia succession battle which dates to 1989, to the JetLite Sahara battle now in taxation arbitration to the BCCI which is currently in litigation with Lalit Modi, Rajasthan Royals and Kings XI Punjab.Think of the large law firms as the big Hollywood studios and the senior counsel as the superstar. There are a few familiar faces to be found in most of the big ticket cases, whether it is the Ambani gas case, Vodafone taxation or Bombay Mills case. Explains Salve, “There is a reason why we have more than one senior advocate on a case. When you're arguing, he’s reading the court. He picks up a point or a vibe that you may have missed.” Says Rajan Karanjawala, whose firm has prepared the briefs for cases ranging from the Tata's recent right to privacy case to Karisma Kapoor’s divorce, “The four jewels in the crown today are Salve, Rohatgi, Rohinton Nariman and Singhvi. They have replaced the old guard of Fali Nariman, Soli Sorabjee, Ashok Desai and K.K. Venugopal.” He adds, “The one person who defies the generational gap is Jethmalani who was India's leading criminal lawyer in the 1960s and is so today.”The demand for superstar lawyers has far outstripped the supply. So a one-man show by, say, Rohatgi can run up billings of Rs. 40 crore, the same as a mid-sized corporate law firm like Titus and Co that employs 28 juniors. The big law filik such as AZB or Amarchand & Mangaldas or Luthra & Luthra have to do all the groundwork for the counsel, from humouring the clerk to ensure the A-lister turns up on the hearing day to sourcing appropriate foreign judgments in emerging areas such as environmental and patent laws. “We are partners in this. There are so few lawyers and so many matters,” points out Diljeet Titus.As the trust between individuals has broken down, governments have questioned corporates and corporates are questioning each other, and an array of new issues has come up. The courts have become stronger. “The lawyer,” says Sundaram, with the flourish that has seen him pick up many Dhurandhares and Senakas at pricey art auctions, “has emerged as the modern day purohit.” Each purohit is head priest of a particular style. Says Karanjawala, “Harish is the closest example in today's bar to Fali Nariman; Rohinton has the best law library in his brain; Mukul is easily India's busiest lawyer while Manu Singhvi is the greatest multi-tasker.” Salve has managed a fine balancing act where he has represented Mulayam Singh Yadav and Mayawati, Parkash Singh Badal and Amarinder Singh, Lalit Modi and Subhash Chandra and even the Ambani brothers, of course in different cases. Jethmalani is the man to call for anyone in trouble. In judicial circles he is known as the first resort for the last resort. Even Jethmalani’s junior Satish Maneshinde, who came to Mumbai in I993 as a penniless law graduate from Karnataka, shot to fame (and wealth) after he got bail for Sanjay Dutt in 1996. Now he owns a plush office in Worli and has become a one-stop shop for celebrities in trouble.Which of the following is not true about Ram Jethmalani?
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MCQ-> Read the following passage carefully and answer the questions given below it. Certain words are given in bold to help you answer some of the questions.At the heart of what makes India a better regime than China is a healthy respect for the civil rights and liberties of its citizens. There are checks and balances in our government. But India’s new surveillance programme, the Central Monitoring system (CMS), resembles a dystopian society akin to George Orwell’s 1984.According to several news reports, the CMS gives the government, Indian security agencies and income tax (IT) officials the authority to listen to, and tape phone conversions, read emails and text messages, monitor Posts on Facebook, Twitter or Linkedin and track searches on Google of selected targets, without oversight by the courts or parliament. To call it sweeping is an understatement.Typically, Indian Security agencies need a court order for surveillance, or depend on Internet/telephone service providers for data, provided they supply a warrant. CMS allows the government to bypass the court.  Milind Deora, India’s Minister of State for Information Technology says the new system will actually improve citizens’ privacy because telecommunication agencies would no longer be directly involved in the surveillance; only government officials would have these details – missing the point that in a democracy, there has to be freedom from government surveillance. This is hardly comforting in a nation riddled with governmental corruption.India does not have a privacy law. CMS will operate under the Indian Telegraph Act (ITA). The ITA is a relic of the British Raj from 1885, and gives the government the freedom to monitor private conversations. News reports quote anonymous telecommunications ministry officials as saying that CMS has been introduced for security purposes, and “this is to protect you and your country”.That is irrational. For one, there are no ‘security purposes’ that prevent the government from having a rational debate on this programme and getting approval from our elected representatives before authorizing such wide-reaching surveillance. If the government is worried that a public debate in a paralysed parliament would half the programme’s progress, then it can convene a committee of individuals or an individual body such as CAG to oversee the programme. It can seek judicial approval from the Supreme Court, and have a judge sign off on surveillance requests without making these requests public.As of now, the top bureaucrat in the interior ministry and his/her state level deputies will have the power to approve surveillance requests. Even the recently revealed US surveillance Programme, had ‘behind the doors’ bipartisan surveillance approval. Furthermore, US investigation agencies such as the CIA and NSA are not the ruling party’s marionettes; in India, that the CBI is an arm of the government is a fait accompli. Even the Supreme Court recently lambasted the CBI and asked it to guarantee its independence from government influences after it was proved that it shared unreleased investigation reports with the government.There is no guarantee that this top bureaucrat will be judicious or not use this as a tool to pursue political and personal vendettas against opposition parties or open critics of the government. Security purposes hardly justify monitoring an individual’s social media usage. No terrorist announces plans to bomb a building on Facebook. Neither do Maoists espouse Twitter as their preferred form of communication.Presumably, security purposes could be defined as the government’s need to intercept terrorist plans. How does giving the IT department the same sweeping surveillance powers justify security purposes? The IT office already has expansive powers to conduct investigations, summon individuals or company executives, and raid premises to catch tax evaders. In a world where most financial details are discussed and transferred online, allowing the IT departments to snoop on these without any reasonable cause is akin to airport authorities strip searching everyone who boards a flight.What happened on 26/11 or what happens regularly in Naxal – affected areas is extremely sad and should ideally, never take place again. But targeting terrorists means targeting people who show such inclinations, or those who arouse suspicions, either by their travels or heir associations with militant or extremist groups. And in a country where a teenager has been arrested for posting an innocent comment questioning the need for a bandh on the death of a political leader, gives us reason to believe that this law is most likely to be misused, if not abused. Select the word which is MOST OPPOSITE in meaning to the word printed in bold, as used in the passage. AKIN....
MCQ-> The following questions relate to a game to be played by you and your friend. The game consists of a 4 x 4 board (see below) where each cell contains a positive integer. You and your friend make moves alternately. A move by any of the players consists of splitting the current board configuration into two equal halves and retaining one of them. In your moves you are allowed to split the board only vertically and to decide to retain either the left or the right half. Your friend, in his/her moves, can split the board only horizontally and can retain either the lower or the upper half. After two moves by each player a single cell will remain which can no longer be split and the number in that cell will be treated as the gain (in rupees) of the person who has started the game. A sample game is shown below. So your gain is Re.1. With the same initial board configuration as above and assuming that you have to make the first move, answer the following questions.   Initial Board                          After your move (retain left) After your friends move (retain upper) After your move (retain right) After your friends move (retain lower) If you choose (retain right) (retain left) in your turns, the best move sequence for your friend to reduce your gain to a minimum will be
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MCQ-> Last fortnight, news of a significant development was tucked away in the inside pages of newspapers. The government finally tabled a bill in Parliament seeking to make primary education a fundamental right. A fortnight earlier, a Delhi-based newspaper had carried a report about a three-month interruption in the Delhi Government's ‘Education for All’ programme. The report made for distressing reading. It said that literacy centres across the city were closed down, volunteers beaten up and enrolment registers burnt. All because the state government had, earlier this year, made participation in the programme mandatory for teachers in government schools. The routine denials were issued and there probably was a wee bit of exaggeration in the report.But it still is a pointer to the enormity of the task at hand. That economic development will be inherently unstable unless it is built on a solid base of education, specially primary education, has been said so often that it is in danger of becoming a platitude. Nor does India's abysmal record in the field need much reiteration. Nearly 30 million children in the six to ten age group do not go to school — reason enough to make primary education not only compulsory but a fundamental right. But is that the Explanation? More importantly, will it work? Or will it remain a mere token, like the laws providing for compulsory primary education? It is now widely known that 14 states and four Union Territories have this law on their statute books.Believe it or not, the list actually includes Bihar, Madhya Pradesh (MP) and Rajasthan, where literacy and education levels are miles below the national average. A number of states have not even notified the compulsory education law. This is not to belittle the decision to make education a fundamental right. As a statement of political will, a commitment by the decision-makers, its importance cannot be undervalued. Once this commitment is clear, a lot of other things like resource allocation will naturally fall into place. But the task of universalizing elementary education (UEE) is complicated by various socio-economic and cultural factors which vary from region to region and within regions. If India's record continues to appall, it is because these intricacies have not been adequately understood by the planners and administrators.The trouble has been that education policy has been designed by grizzled mandarins ensconced in Delhi and is totally out of touch with the ground reality. The key then is to decentralise education planning and implementation. What's also needed is greater community involvement in the whole process. Only then can school timings be adjusted for convenience, school children given a curriculum they can relate to and teachers made accountable. For proof, one has only to look at the success of the district primary education programme, which was launched in 1994. It has met with a fair degree of success in the 122 districts it covers. Here the village community is involved in all aspects of education — allocating finances to supervising teachers to fixing school timings and developing curriculum and textbooks — through district planning teams. Teachers are also involved in the planning and implementation process and are given small grants to develop teaching and learning material, vastly improving motivational levels. The consequent improvement in the quality of education generates increased demand for education.But for this demand to be generated, quality will first have to be improved. In MP, the village panchayats are responsible for not only constructing and maintaining primary schools but also managing scholarships, besides organising non-formal education. How well this works in practice remains to be seen (though the department claims the schemes are working very well) but the decision to empower panchayats with such powers is itself a significant development. Unfortunately, the Panchayat Raj Act has not been notified in many states.After all, delegating powers to the panchayats is not looked upon too kindly by vested interests. More specifically, by politicians, since decentralisation of education administration takes away from them the power of transfer, which they use to grant favours and build up a support base. But if the political leadership can push through the bill to make education a fundamental right, it should also be able to persuade the states to implement the laws on Panchayat Raj. For, UEE cannot be achieved without decentralisation. Of course, this will have to be accompanied by proper supervision and adequate training of those involved in the administration of education. But the devolution of powers to the local bodies has to come first.One of the problems plaguing the education system in India is
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