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LEGAL REASONING

CONSTITUTIONAL LAW-I
ANSWER KEY AND EXPLANATIONS

1. (c) Option C is the correct answer because as per the warehouse only because due to heavy rainfall his
legal information given in the passage, the criticism warehouse was inaccessible. Therefore, his failure
of the judgement by M was fair and within his right to comply was not willful, thereby not making his act
and does not abuse the court, as he generally contempt of court, making Option D the correct
expressed his views over the judgement. His vow to answer.
challenge the judgement is also well within his legal Option A is incorrect because he intentionally did not
rights, as this doesn’t mean violation of the order. disobey the order of the Court; his act of
Criticism of the government or refusing to surrender disobedience was influenced by other factors.
to the demands of the government cannot be Option B is incorrect because the disobedience was
considered as contempt of court as executive and not deliberate or intentional.
the judiciary are separate & independent, making Option C is incorrect the question is not about
Option C the Correct answer. abusing or criticizing the judgment. Hence, the
Option A is incorrect because criticizing the correct answer is option D.
government does not empower the Court to impose 3. (c) The correct option is C because as per the legal
the contempt charges. Moreover, vowing for appeal information given in the passage, Article 19(1) (a) of
will not amount to contempt of court. the Constitution gives a person the liberty to express
Option B is incorrect because merely criticizing the his views and opinions and to criticize different
judgment does not amount disobeying the same. branches in a manner which doesn’t abuse or
Option D is incorrect because criticizing the interferes in the administration of justice. In this case
judgment does not amount to insulting the Court; the event organised was not with an intention to
moreover, it comes within the purview of the right of abuse or defame the highest court of the land but
freedom of speech and expression. Hence, the was of academic nature to encourage the students
correct answer is Option C. to hold discussions among them, in a fair and
2. (d) The correct answer is option D because as per the competitive manner. Analysing and discussing the
legal information given in the passage, a civil merits and loopholes of the judgement is not abusive
contempt means willful disobedience to any and is protected under Article 19(1)(a), As provided
judgment, decree, direction, order, writ or other in the passage, fair criticism of judgement is
process of a court or willful breach of an undertaking permissible under law and
given to a court (see second sentence of the Option A is incorrect the mere fact that the event was
passage). It is important to understand that there has very popular and had the power to create a false
to be willful disobedience on the part of the accused image of judiciary in the eyes of the people., does
in order to furnish a case of contempt of court. In this held the person liable for the contempt; moreover,
case Jeet complied with the order of the court to pay the criticism in the debating event was not
Rs 50000. He failed to comply with the direction of contemptuous.
the court to let Sunita recover her goods from his

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 Option B is incorrect because since this is not the incorrect since the claims made here are not yet
case of contempt; no liability can be imposed on established.
anyone. Hence, the statement so given in the option 7. (b) The correct option is B because the passage only
is not relevant for the question of law. mentions the fundamental right against defamation
Option D is incorrect because the question is of for an accused and common person, which is no less
whether criticizing the judgment will amount to than that of the media. Since the charges have been
contempt. Hence, the reasoning is not appropriate proved, Rani was not truly being defamed as her guilt
for the question. had been proven in a court of law.
4. (a) The correct option is A because Prateek was clearly Option A is incorrect since the reports that are
acting in malice and attempted to scandalise and running have now been established to be true.
bring down the reputation of the court. In this case Option B is closer than option C since the former
the picture of chief justice of the country and the PM relies on the inability of the convict to file charges on
of the country with a caption of barter system the media since their reports have been proven to be
indicates that the judiciary is biased in favour of the true, with regards to her having been responsible for
government and is working under the instructions of the death of her celebrity boyfriend. Option B gives
the government. Such accusations abuse the a statement which is not provided in the passage.
prestige of the highest court of the country and Option D is incorrect because Rani was not truly
create a doubt in the minds of the common people being defamed as her guilt had been proven in a
against the judiciary. court of law.
Option B is incorrect because the question is not 8. (d) The correct answer is option D because the media’s
about the disobedience of the judgment of the Court; presumption is not reliable because Singham is still
it is about raising accusations on the judge of the an accused person, and even an accused person
Court. has a fundamental right to not be defamed, which is
Option C is incorrect because raising unreasonable no less than media’s fundamental right of free
accusations on the judge cannot be held to be speech and expression. A media trial violates
genuine opinion; it infringes the dignity of the court. Singham’s right to live with human dignity. It is
Option D is incorrect because though it as already in presuming Singham guilty before he was proven
the public platform, this is not the ground to have an guilty by court and is against the principle of innocent
excuse. till proven guilty. Thus, the correct answer is D.
5. (b) The correct option is B. because fair criticism on the Option A is incorrect because a media trial violates
merits of a judicial order after a case is heard and the basic principle of criminal law i.e. “innocent until
disposed of doesn’t amount to contempt of court. proven guilty” and the right of media cannot be
Also, as per the changes in contempt of court act in preferred over accused person’s right.
2006 truth is considered as a valid defence if it is in Option B is incorrect because media trial violates
public interest and was invoked in a bona fide Singham’s right to live with human dignity. Hence,
manner. In this case it is clear from the facts that the the same cannot be considered in the public interest;
reporting was done in fair manner and authentic and as the matter is still pending before the court of law.
true facts were analysed. This is a case of corruption Option C is incorrect because as is given in the
and affects the interest of the public, therefore passage, every individual has a right to live with
analysing and criticizing the judgement in this case human dignity.
would not amount to contempt of court. Option A is 9. (c) Correct answer is option (c). As per the passage
incorrect merely questioning the judgment of the media is restricted from publishing media reports
highest court does not amount to contempt. It covers against an accused person. In the given set of facts
within the purview of fair comment/criticism. Option X was a convict as per the decision of lower court,
C is incorrect the act of the news channel is not thus even if his appeal remains pending, he remains
obstructing the functioning of the Court. a convict under the law, and hence publishing any
Option B is closer than option D since the former is news about X will amount to violation of his
more closely aligned with the passage, which fundamental rights. Thus option (b) and (d) can be
mentions that fair criticism on the merits of a judicial negated. Whereas Y was not even an accused when
order after a case is heard and disposed of doesn’t media started publishing reports about him which led
amount to contempt of court. to an investigation on him. Thus, it can be said that
6. (c) The correct answer is option (c) because Rani was Y's fundamental right was violated by the news
still an accused person and not a convict. The media outlet. Therefore, (c) is the correct answer. Option
was defaming her and hence, violating her (a) is not the correct answer because with respect to
fundamental rights since her right as an accused is Y we can say that media's fundamental right was not
no less than that of media or any other person’s right, violated as they published news report about a
as per the passage. person who was not even an accused. Thus, most
Option A is not the correct answer. This is because appropriate answer will be (c) and not (a).
Rani was still an accused person and not a convict. 10. (d) The correct answer is Option D. Option A is incorrect
The media was defaming her and hence, violating because the passage remains silent on the
her fundamental rights since her right as an accused residence of Karan and residence is not a relevant
is no less than that of media or any other person’s factor for deciding his liability. Hence, this option is
right, as per the passage. invalid. Option B is incorrect because Karan’s
Option B is incorrect because Rani was still an photograph obscene in nature and not something
accused person and not a convict. And, the matter which might disturb public order. Option C is
was still at the investigation stage. Option D is incorrect because Karan’s exhibition was not

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 something which could obstruct the administration of as given in the passage and not to disturb the
justice as the term contempt of Court refers to civil enemies of the state.
contempt or criminal contempt under the Act. Option 14. (a) Option A is correct because under the restriction of
D is correct because Karan’s collection was obscene incitement to an offence, the Constitution prohibits a
as per the Hicklin test which states that it is seen person from making any statement that incites
'whether the tendency of the matter charged as people to commit an offence. Here, it intended to
obscene tends to deprave and corrupt the minds encourage people to cause public unrest. Option B
which are open to such immoral influences'. His is incorrect because under security of state, all the
collection of nude women could potentially corrupt acts intend to endanger the security of the State by
the mind of some people. Hence, this is a valid crimes of violence intended to overthrow the
option. government, waging of war and rebellion against the
11. (a) Option A is correct because clause (2) of Article 19 government, external aggression or war. Here, the
prevents any person from making any statement that aggression of regional politician did not intend to
injures the reputation of another which is an overthrow the government through his speech and
important element of defamation. With the same was directed against an ethnic group only. Option C
view, defamation has been criminalized in India by is incorrect because the passage nowhere says that
inserting it into Section 499 of the I.P.C. Option B is the act was intended toward any other neighboring
incorrect because it is under the security of State States. Hence, it shall not be assumed. Option D is
where clause (2) of Article 19 prevents any person incorrect because the passage remains silent on the
from making any statement that tries to overthrow people from outside the state. Hence, the options
the government under the restriction of security of shall not be based on mere assumptions.
state. Hence, Raju would have made some 15. (b) The correct answer is Option B. Option A is incorrect
statement which would have injured the reputation of because under security of state, all the acts intend to
Shyam. Option C is incorrect because under endanger the security of the State by crimes of
defamation, clause (2) of Article 19 prevents any violence intended to overthrow the government,
person from making any statement that injures the waging of war and rebellion against the government,
reputation of another. Hence, Besides, Raju’s external aggression or war. It is not intended towards
oration would not be consisting of obscene gestures. any neighboring State. Option B is correct because
Section 499 relates to defamation. Option D is it qualifies rebellion against the government and
incorrect because Section 499 of the IPC deals with thus, is a threat to the security of the state. It directed
defamation under which person is prevented from to overthrow the established government. Option C
making any statement which injures the reputation of is incorrect because instructing a crowd to forcefully
another. Hence, Raju could have made some malice resist the court’s verdict on a property dispute does
statement against Shyam. not intends to wage war against the established
12. (c) The correct answer is Option C. Option A is incorrect Government. Far fetch assumption cannot be made
because under the offence of contempt, the here. Option D is incorrect because verbally
statement must be made in good faith and must be harassing a politician in his public address is not a
genuine criticism. Here, the comment of JNU student rebellion against the government. It is aimed towards
was not for public good as it called for vandalizing an individual person only. Hence, this option is
the public property. Option B is incorrect because the invalid.
passage states that defamation includes all those 16. (b) The right answer is B because, according to the
statements also which tries to impair the passage, only individuals who violate the law in
administration of justice. Option C is correct because effect at the time of the offense should be found
hunger strike is a way of peaceful protest. Until it guilty of a crime. Therefore, he has to be sentenced
disturbs public order or causes unrest, it would not to prison in accordance with the law that was in effect
be considered contempt of court. The passage when the offense was committed. For the same
states that Right to protest peacefully is enshrined in reason, option A is incorrect. Because receiving a
the Indian Constitution. Option D is incorrect fine and going to jail can both be done for the same
because under option C, the peaceful protest by offense, option C is incorrect. D is incorrect because
priest is permitted under the Indian Constitution. the courts do not have the authority to decide what
Hence, this option D can be excluded as option C is punishment to impose. Upon determining the period
the best suitable option. of time during which the offense was committed and
13. (b) The correct answer is Option B. Option A is incorrect the ensuing law, a decision is made.
because under the first exception to Section 499, the 17. (b) The right answer is B because, in accordance with
truth will only be a defence if the statement was the passage, no one may be found guilty and
made ‘for the public good. Hence, it is not applicable punished more than once for the same crime with the
in case where it intends to destabilize the state. same set of circumstances. The penalty needs to
Option B is correct because under the first exception follow the law. Divorce is not a legal punishment
to Section 499, the truth will only be a defence if the because it is a decision made at the wife's discretion.
statement was made ‘for the public good.’ And that For the same reason, options A and C are incorrect.
is a question of fact to be assessed by the judiciary. D is not the right answer since it offers a weak
Option C is incorrect because the truth should be justification that is inconsistent with the passage.
meant for public good and not merely be said in good 18. (c) The right answer is C because, according to the
faith. It must serve the public welfare. Option D is passage, no one can be found guilty and punished
incorrect because the truth shall be for public good more than once for the same offense with the same
set of circumstances. Since the passage specifically

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 refers to it as Article 20(1) provision, option A is was pressured and intimidated into admitting the
incorrect. Considering it is also specified in Article crime in court, option D is incorrect.
20(3)'s provision, B is not the right answer. Since it 20. (d) The correct answer is D because, according to the
is also referenced directly in the passage, option D passage, only those who violate the law in effect at
is incorrect. the time of the offense should be found guilty of a
19. (c) The correct answer is C because, according to the crime. P may be held accountable for violating the
passage, no one can be compelled to disclose or law because he published the article after the law
supply information or evidence that could be used went into effect. For the same reason, option C is
against him in a subsequent legal proceeding. As a incorrect. A is not the right answer since, first of all,
result, his Article 20(3) right has been violated. For it was a mistake of fact and secondly, it relies on
the same reason, option B is incorrect. Since it offers outside knowledge. B is the incorrect answer since it
flawed logic, option A is unacceptable. Given that he is an extremely misleading justification

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