CLAT CLAT Solved Paper-2013

  • question_answer
    Directions This section consists of fifty (50) questions. Each question consists of legal propositions principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
    Principle All citizens shall have the Fundamental Right to carry on any occupation, trade or business. But reasonable restrictions on the exercise of such rights can be imposed by law in the interest of the general public. Facts A large number of persons had been carrying on the business of dyeing and printing in Rajkot area for the last 25yer providing employment to about 30000 families. From these business places untreated dirty water was being discharged on the roads thereby causing damage to the public health. A notice, therefore, was given to close this business till necessary measures to protect public health as provided under the environmental statutes were taken by those businessmen.

    A)  Notice cannot be justified as it will cause loss of employment to 30000 families

    B)  Notice cannot be justified as it amounts to violation of the Fundamental Right of the persons who have been carrying on the business for the last 25yer

    C)  The notice cannot be justified on the ground of damage to public health as the persons in that area have been voluntarily residing for long and have become used to that environment

    D)  The notice can be justified as the right to business is not absolute and reasonable restriction can be imposed by law in the interest of the public

    Correct Answer: D

    Solution :

    Ans.  Fundamental Rights provided by the Indian constitution gives us the right to carry on any occupation, trade or business, but reasonable restrictions can be imposed by the provisions of law, in the interest of general public. In the present scenario, the notice is justified as the right to business is not absolute, so reasonable restrictions can be imposed in the interest of public.


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