1. The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, In this context which of the following statements is not correct?





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MCQ-> DIRECTIONS for questions 24 to 50: Each of the five passages given below is followed by questions. For each question, choose the best answer.The World Trade Organisation (WTO) was created in the early 1990s as a component of the Uruguay Round negotiation. However, it could have been negotiated as part of the Tokyo Round of the 1970s, since that negotiation was an attempt at a 'constitutional reform' of the General Agreement on Tariffs and Trade (GATT). Or it could have been put off to the future, as the US government wanted. What factors led to the creation of the WTO in the early 1990s?One factor was the pattern of multilateral bargaining that developed late in the Uruguay Round. Like all complex international agreements, the WTO was a product of a series of trade-offs between principal actors and groups. For the United States, which did not want a new Organisation, the dispute settlement part of the WTO package achieved its longstanding goal of a more effective and more legal dispute settlement system. For the Europeans, who by the 1990s had come to view GATT dispute settlement less in political terms and more as a regime of legal obligations, the WTO package was acceptable as a means to discipline the resort to unilateral measures by the United States. Countries like Canada and other middle and smaller trading partners were attracted by the expansion of a rules-based system and by the symbolic value of a trade Organisation, both of which inherently support the weak against the strong. The developing countries were attracted due to the provisions banning unilateral measures. Finally, and perhaps most important, many countries at the Uruguay Round came to put a higher priority on the export gains than on the import losses that the negotiation would produce, and they came to associate the WTO and a rules-based system with those gains. This reasoning - replicated in many countries - was contained in U.S. Ambassador Kantor's defence of the WTO, and it amounted to a recognition that international trade and its benefits cannot be enjoyed unless trading nations accept the discipline of a negotiated rules-based environment.A second factor in the creation of the WTO was pressure from lawyers and the legal process. The dispute settlement system of the WTO was seen as a victory of legalists over pragmatists but the matter went deeper than that. The GATT, and the WTO, are contract organisations based on rules, and it is inevitable that an Organisation created to further rules will in turn be influenced by the legal process. Robert Hudec has written of the 'momentum of legal development', but what is this precisely? Legal development can be defined as promotion of the technical legal values of consistency, clarity (or, certainty) and effectiveness; these are values that those responsible for administering any legal system will seek to maximise. As it played out in the WTO, consistency meant integrating under one roof the whole lot of separate agreements signed under GATT auspices; clarity meant removing ambiguities about the powers of contracting parties to make certain decisions or to undertake waivers; and effectiveness meant eliminating exceptions arising out of grandfather-rights and resolving defects in dispute settlement procedures and institutional provisions. Concern for these values is inherent in any rules-based system of co-operation, since without these values rules would be meaningless in the first place. Rules, therefore, create their own incentive for fulfilment.The momentum of legal development has occurred in other institutions besides the GATT, most notably in the European Union (EU). Over the past two decades the European Court of Justice (ECJ) has consistently rendered decisions that have expanded incrementally the EU's internal market, in which the doctrine of 'mutual recognition' handed down in the case Cassis de Dijon in 1979 was a key turning point. The Court is now widely recognised as a major player in European integration, even though arguably such a strong role was not originally envisaged in the Treaty of Rome, which initiated the current European Union. One means the Court used to expand integration was the 'teleological method of interpretation', whereby the actions of member states were evaluated against 'the accomplishment of the most elementary community goals set forth in the Preamble to the [Rome] treaty'. The teleological method represents an effort to keep current policies consistent with stated goals, and it is analogous to the effort in GATT to keep contracting party trade practices consistent with stated rules. In both cases legal concerns and procedures are an independent force for further cooperation.In large part the WTO was an exercise in consolidation. In the context of a trade negotiation that created a near- revolutionary expansion of international trade rules, the formation of the WTO was a deeply conservative act needed to ensure that the benefits of the new rules would not be lost. The WTO was all about institutional structure and dispute settlement: these are the concerns of conservatives and not revolutionaries, which is why lawyers and legalists took the lead on these issues. The WTO codified the GATT institutional practice that had developed by custom over three decades, and it incorporated a new dispute settlement system that was necessary to keep both old and new rules from becoming a sham. Both the international structure and the dispute settlement system were necessary to preserve and enhance the integrity of the multilateral trade regime that had been built incrementally from the 1940s to the 1990s.What could be the closest reason why the WTO was not formed in the 1970s?
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MCQ->The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, In this context which of the following statements is not correct?....
MCQ-> When people react to their experiences with particular authorities, those authorities and the organizations or institutions that they represent often benefit if the people involved begin with high levels of commitment to the organization or institution represented by the authorities. First, in his studies of people's attitudes toward political and legal institutions, Tyler found that attitudes after an experience with the institution were strongly affected by prior attitudes. Single experiences influence post- experience loyalty but certainly do not overwhelm the relationship between pre-experience and post- experience loyalty. Thus, the best predictor of loyalty after an experience is usually loyalty before that experience. Second, people with prior loyalty to the organization or institution judge their dealings with the organization’s or institution's authorities to be fairer than do those with less prior loyalty, either because they are more fairly treated or because they interpret equivalent treatment as fairer.Although high levels of prior organizational or institutional commitment are generally beneficial to the organization or institution, under certain conditions high levels of prior commitment may actually sow the seeds of reduced commitment. When previously committed individuals feel that they were treated unfavourably or unfairly during some experience with the organization or institution, they may show an especially sharp decline in commitment. Two studies were designed to test this hypothesis, which, if confirmed, would suggest that organizational or institutional commitment has risks, as well as benefits. At least three psychological models offer predictions of how individuals’ reactions may vary as a function of a: their prior level of commitment and b: the favorability of the encounter with the organization or institution. Favorability of the encounter is determined by the outcome of the encounter and the fairness or appropriateness of the procedures used to allocate outcomes during the encounter. First, the instrumental prediction is that because people are mainly concerned with receiving desired outcomes from their encounters with organizations, changes in their level of commitment will depend primarily on the favorability of the encounter. Second, the assimilation prediction is that individuals' prior attitudes predispose them to react in a way that is consistent with their prior attitudes.The third prediction, derived from the group-value model of justice, pertains to how people with high prior commitment will react when they feel that they have been treated unfavorably or unfairly during some encounter with the organization or institution. Fair treatment by the other party symbolizes to people that they are being dealt with in a dignified and respectful way, thereby bolstering their sense of self-identity and self-worth. However, people will become quite distressed and react quite negatively if they feel that they have been treated unfairly by the other party to the relationship. The group-value model suggests that people value the information they receive that helps them to define themselves and to view themselves favorably. According to the instrumental viewpoint, people are primarily concerned with the more material or tangible resources received from the relationship. Empirical support for the group-value model has implications for a variety of important issues, including the determinants of commitment, satisfaction, organizational citizenship, and rule following. Determinants of procedural fairness include structural or interpersonal factors. For example, structural determinants refer to such things as whether decisions were made by neutral, fact-finding authorities who used legitimate decision-making criteria. The primary purpose of the study was to examine the interactive effect of individuals a: commitment to an organization or institution prior to some encounter and b: perceptions of how fairly they were treated during the encounter, on the change in their level of commitment. A basic assumption of the group-value model is that people generally value their relationships with people, groups, organizations, and institutions and therefore value fair treatment from the other party to the relationship. Specifically, highly committed members should have especially negative reactions to feeling that they were treated unfairly, more so than a: less- committed group members or b: highly committed members who felt that they were fairly treated.The prediction that people will react especially negatively when they previously felt highly committed but felt that they were treated unfairly also is consistent with the literature on psychological contracts. Rousseau suggested that, over time, the members of work organizations develop feelings of entitlement, i.e., perceived obligations that their employers have toward them. Those who are highly committed to the organization believe that they are fulfilling their contract obligations. However, if the organization acted unfairly, then highly committed individuals are likely to believe that the organization did not live up to its end of the bargain.The hypothesis mentioned in the passage tests at least one of the following ideas.
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MCQ->With reference to National Legal Services Authority, consider the following statements :1.Its objective is to provide free and competent legal services to the weaker sections of the society on the basis of equal opportunity.2.It issues guidelines for the State Legal Services Authorities to implement the legal programmes and schemes throughout the country. Which of the statements given above is / are correct?....
MCQ-> The conventional wisdom says that this is an issue-less election. There is no central personality of whom voters have to express approval or dislike; no central matter of concern that makes this a one-issue referendum like so many elections in the past; no central party around which everything else revolves — the Congress has been displaced from its customary pole position, and no one else has been able to take its place. Indeed, given that all-seeing video cameras of the Election Commission, and the detailed pictures they are putting together on campaign expenditure, there isn't even much electioning: no slogans on the walls, no loudspeakers blaring forth at all hours of the day and night, no cavalcades of cars heralding the arrival of a candidate at the local bazaar. Forget it being an issue-less election, is this an election at all?Perhaps the ‘fun’ of an election lies in its featuring someone whom you can love or hate. But Narasimha Rao has managed to reduce even a general election, involving nearly 600 million voters, to the boring non-event that is the trademark of his election rallies, and indeed of everything else that he does. After all, the Nehru-Gandhi clan has disappeared from the political map, and the majority of voters will not even be able to name P.V.Narasimha Rao as India's Prime Minister. There could be as many as a dozen prime ministerial candidates ranging from Jyoti Basu to Ramakrishna Hegde, and from Chandra Shekar to (believe it or not) K.R.Narayanan. The sole personality who stands out, therefore, is none of the players, but the umpire: T.N.Seshan. .As for the parties, they are like the blind men of Hindustan, trying in vain to gauge the contours of the animal they have to confront. But it doesn't look as if it will be the mandir-masjid, nor will it be Hindutva or economic nationalism. The Congress will like it to be stability, but what does that mean for the majority? Economic reform is a non-issue for most people with inflation down to barely 4 per cent, prices are not top of the mind either. In a strange twist, after the hawala scandal, corruption has been pushed off the map too.But ponder for a moment, isn't this state of affairs astonishing, given the context? Consider that so many ministers have had to resign over the hawala issue; that a governor who was a cabinet minister has also had to quit, in the wake of judicial displeasure; that the prime minister himself is under investigation for his involvement in not one scandal but two; that the main prime ministerial candidate from the opposition has had to bow out because he too has been changed in the hawala case; and that the head of the ‘third force’ has his own little (or not so little fodder scandal to face. Why then is corruption not an issue — not as a matter of competitive politics, but as an issue on which the contenders for power feel that they have to offer the prospect of genuine change? If all this does not make the parties (almost all of whom have broken the law, in not submitting their audited accounts every year to the income tax authorities) realise that the country both needs — and is ready for-change in the Supreme Court; the assertiveness of the Election Commission, giving new life to a model code of conduct that has been ignored for a quarter country; the independence that has been thrust upon the Central Bureau of Investigation; and the fresh zeal on the part of tax collectors out to nab corporate no-gooders. Think also that at no other point since the Emergency of 1975-77 have so many people in power been hounded by the system for their misdeeds.Is this just a case of a few individuals outside the political system doing the job, or is the country heading for a new era? The seventies saw the collapse of the national consensus that marked the Nehruvian era, and ideology took over in the Indira Gandhi years. That too was buried by Rajiv Gandhi and his technocratic friends. And now, we have these issue-less elections. One possibility is that the country is heading for a period of constitutionalism as the other arms of the state reclaim some of the powers they lost, or yielded, to the political establishment. Economic reform free one part of Indian society from the clutches of the political class. Now, this could spread to other parts of the system. Against such a dramatic backdrop, it should be obvious that people (voters) are looking for accountability, for ways in which to make a corrupted system work again. And the astonishing thing is that no party has sought to ride this particular wave; instead all are on the defensive, desperately evading the real issues. No wonder this is an ‘issue-less’ election.Why does the author probably say that the sole personality who stands out in the elections is T.N.Seshan?
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