CLAT PG 2020 Previous Question Paper – Passage 4

This series of articles contains the complete CLAT PG 2020 question paper, conducted for the LLM admissions through the CLAT 2020 exam. In 2020, the pattern of the question paper was changed from the traditional MCQs to a ‘Comprehension based’ model. Each article in this series has one passage and the ten questions following it.

This article contains Passage 4 and the associated questions. The video embedded below discusses the answers as per the official key and the approach that can be used for such questions.

The answers to all the questions, for all the passages in the CLAT PG question paper are discussed in our YouTube video series at : https://www.youtube.com/lawmint

To make use of this question paper :
(1) The links to the complete series of articles is given below
(2) Read the passages and questions that follow
(3) Open our YouTube channel in another window or on your mobile phone (The video covering this specific passage is also embedded below.)
(4) Go through the series of videos where the answers to all the questions are discussed

The original plan by the CLAT Consortium was to have 10 passages, with 10 questions per passage and a subjective part. However, the subjective part was dropped and the number of passages was increased.

The CLAT PG 2020 exam had 12 passages, 120 questions – to be answered in 120 minutes. Click on the links below for the individual passages and the questions associated with the passage.

CLAT PG 2025 - Comprehension Mock Tests Series & Previous Question Papers
  • Updated as per latest CLAT PG pattern
  • Overall there are 300+ comprehension passages - with 2300+ questions
  • 100 passages are provided as stand-alone mini mock tests
  • 120 passages are combined to form 10 full-length mock tests
  • 2020, 2021, 2022, 2023 and 2024 (New Pattern) Question papers included as mock tests
  • Answers include the reason or 'rationale' for better understanding
  • Order of the questions and answer choices are shuffled in every attempt for better practice
  • All the stand-alone passages & full length mocks can be repeated till you score 100%
  • The passages are of various lengths and complexities for better practice
  • Unlimited access & practice - valid for one year from date of purchase
  • Accessible 24 x 7 via Smart-Phone browsers and Desktops

Also included in the pack : (Useful for non-CLAT LLM entrance exams) :
  • 11 CLAT PG old pattern previous Papers - 2009 to 2019 (as mock tests)
  • 50 full-length old MCQ format mock tests (100 questions each)
  • 50 old pattern MCQ mini-mock tests (25 questions each)
  • Summarized overview of Important Jurisprudence topics (For Subjective & Objective questions)
  • Overview of all Constitutional Amendments
  • All Tests & Previous Papers are timed and have Negative marking for realistic simulation
  • Questions & Answer Choices randomly shuffled in every attempt for better practice
  • More the 100 LawMint users were selected by various top NLUs in 2020, 2021, 2022 and 2023 - Including NLSIU, NALSAR, NLU-J, WBNUJS
  • Our users were also selected for the IIT KGP LLM, NLU Delhi (AILET PG) & DU LLM programs
CLAT PG 2021 Mock Test Series and Previous Question Papers

Authentic Feedback from previous LawMint users :

I got AIR 21 in CLAT PG. Thank you so much. Your mocks helped me a lot in my preparation 🙂 - Ayushi Jain

I have subscribed to your CLAT PG program and got AIR 36 in this year CLAT PG. I have also secured AIR 54 in AILET PG exam. I would like to thank you. Your mock paper really helps a lot - Shrashank Tripathi

I would like to thank you for the CLAT PG LLM COURSE. Practising mock tests there helped me in getting confidence and hence I was able to get AIR 45 in CLAT PG LLM - Akshay Awasthi

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"I got AIR 18 in CLAT PG and General Category rank 28 in AILET PG. I want to thank you for helping me practice well in controlled conditions from any place. It gave me a lot of confidence and I took the tests while travelling too. I also made it to IIT Kharagpur." - Vinodharani

"Lawmint has been of great help to me in securing AIR 25 in AILET PG and AIR 29 in CLAT PG examinations. The subjective and objective approach of the test series kept me up to date with the latest exam pattern." - Bhawna Nanda

"I, Nimmy Saira Zachariah joined you clat test series. I cleared AILET PG with 30th rank. Your test series were of immense help as it gave me clear idea of where my preparations stand thank you once again law mint." - Nimmy S Z

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CLAT PG Comprehension Passage 4

The requirement of balancing various considerations brings us to the principle of proportionality. In the case of K. S. Puttaswamy (Privacy-9J.) (supra), this Court observed: “310…Proportionality is an essential facet of the guarantee against arbitrary State action because it ensures that the nature and quality of the encroachment on the right is not disproportionate to the purpose of the law…

” Further, in the case of CPIO v. Subhash Chandra Aggarwal, [(2019) SCC OnLine SC 1459], the meaning of proportionality was explained as: “225. It is also crucial for the standard of proportionality to be applied to ensure that neither right is restricted to a greater extent than necessary to fulfil the legitimate interest of the countervailing interest in question… ”
The proportionality principle can be easily summarized by Lord Diplock’s aphorism ‘you must not use a steam hammer to crack a nut, if a nutcracker would do?’ [Refer to R v. Goldsmith, [1983] 1 WLR 151, 155 (Diplock J)]. In other words, proportionality is all about means and ends. The suitability of proportionality analysis under Part III, needs to be observed herein.

The nature of fundamental rights has been extensively commented upon. One view is that the fundamental rights apply as ‘rules’, wherein they apply in an ‘all- or -nothing fashion’. This view is furthered by Ronald Dworkin, who argued in his theory that concept of a right implies its ability to trump over a public good. Dworkin’s view necessarily means that the rights themselves are the end, which cannot be derogated as they represent the highest norm under the Constitution. This would imply that if the legislature or executive act in a particular manner, in derogation of the right, with an object of achieving public good, they shall be prohibited from doing so if the aforesaid action requires restriction of a right. However, while such an approach is often taken by American Courts, the same may not be completely suitable in the Indian context, having regard to the structure of Part III which comes with inbuilt restrictions.

Source: Excerpt taken from a judgment delivered by the bench of N. V. Ramanna, R. Subhash Reddy, B.R. Gavai, J.J. on 10th January, 2020.

31. The above passage has been taken from which of the following judgments, which decided the state of affairs relating to internet ban in Jammu & Kashmir?
a) Sita Ram Yechury v. Union of India
b) Anuradha Bhasin v. Union of India
c) In Re: State of Jammu & Kashmir
d) Bhim Singh v. State of Jammu & Kashmir

32. The above passage discusses about the proportionality, in the context of which of the following issues?
a) The limitations of state action sanctioned under the Constitution.
b) The powers of the President under Article 370 of the Constitution.
c) The extent of restrictions to be imposed by the State on the exercise of Fundamental Rights.
d) The proportionality of powers and duties under the Constitution.

33. In the above passage, the Court expresses the limitations on application of ‘All-or- nothing’ approach to the fundamental rights. Which of the following statements truly explains such limitations?
a) The application of Part-III is subject to the interest of the majority and it overrides the rights of an individual.
b) The state may act in derogation of the Fundamental Rights of the people to achieve a higher public good and the social equilibrium.
c) The Fundamental Rights of citizens are secondary and the authority of State over its citizens is primary and of utmost importance.
d) The above approach is suitable only for the American Constitution as no limitation on rights is mentioned in the text of the Constitution.

34. In which of the following cases the Supreme Court held that Right to Access Internet is protected under Article 19 of the Indian Constitution?
a) Anuradha Bhasin v. Union of India.
b) Irtiqa Iqbal v. Union of India
c) Kapil Sibal v. Union of India.
d) None of the above.

35. Which of the following State actions passes the ‘Proportionality Test’?
a) A complete internet ban for indefinite period in a state effected by terrorism, insurgency and local militia.
b) A slowdown of the internet speed in a State, affecting the Right of Free speech and expression and trade, business and occupation.
c) House arrest of eminent political leaders for an indefinite period.
d) A complete lockdown in an area effected by militant attacks for an indefinite period.

36. Which of the following is not an essential, validating the restrictions imposed upon the exercise of Fundamental Rights?
a) Legality, which postulates the existence of law which is enacted to restrict the application of Fundamental Rights.
b) Need, defined in terms of a legitimate State aim.
c) Proportionality, which ensures a rational nexus between the objects and the means adopted to achieve them.
d) Consequence, which the restriction would ensue after its application.

37. The Right to Access to the internet is useful for exercising which of the following Fundamental Rights?
a) Freedom of Speech and Expression.
b) Right to carry out trade, business and occupation
c) Right to Life.
d) All of the above.

38. Who amongst the following can order for suspension of telecom services in a state under the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017?
a) The Secretary to the Government of India in the Ministry of Home Affairs.
b) The Secretary to the Government of India in the Ministry of Information and Broadcasting.
c) A District Magistrate, exercising his powers under S. 144 of the Cr. P. C.
d) The Chief Secretary to the Government of State in the Ministry of Home Affairs.

39. Which of the following was true prior to 5th August, 2019 in relation to power of the Parliament under Article 3 of the Constitution for the State of Jammu & Kashmir?
a) Any Bill to alter the boundaries of the State shall be introduced in the Parliament after the recommendation of the Governor of the State.
b) No Bill can be introduced in the Parliament for the alteration of the boundaries of the State without the consent of the Legislature of the State.
c) No Bill can be introduced in the Parliament for the alteration of the boundaries of the State without the consent of the Constituent Assembly of the State.
d) No Bill can be introduced in the Parliament for the alteration of the boundaries of the State without the consent of the President.

40. Which of the following is not true in relation to the Jammu and Kashmir Reorganisation Act, 2019?
a) The Act has amended Schedule 1 of the Constitution
b) The Act has amended Article 4 of the Constitution.
c) The Act has amended Schedule 4 of the Constitution.
d) None of the above.

CLAT PG 2025 - Comprehension Mock Tests Series & Previous Question Papers
  • Updated as per latest CLAT PG pattern
  • Overall there are 300+ comprehension passages - with 2300+ questions
  • 100 passages are provided as stand-alone mini mock tests
  • 120 passages are combined to form 10 full-length mock tests
  • 2020, 2021, 2022, 2023 and 2024 (New Pattern) Question papers included as mock tests
  • Answers include the reason or 'rationale' for better understanding
  • Order of the questions and answer choices are shuffled in every attempt for better practice
  • All the stand-alone passages & full length mocks can be repeated till you score 100%
  • The passages are of various lengths and complexities for better practice
  • Unlimited access & practice - valid for one year from date of purchase
  • Accessible 24 x 7 via Smart-Phone browsers and Desktops

Also included in the pack : (Useful for non-CLAT LLM entrance exams) :
  • 11 CLAT PG old pattern previous Papers - 2009 to 2019 (as mock tests)
  • 50 full-length old MCQ format mock tests (100 questions each)
  • 50 old pattern MCQ mini-mock tests (25 questions each)
  • Summarized overview of Important Jurisprudence topics (For Subjective & Objective questions)
  • Overview of all Constitutional Amendments
  • All Tests & Previous Papers are timed and have Negative marking for realistic simulation
  • Questions & Answer Choices randomly shuffled in every attempt for better practice
  • More the 100 LawMint users were selected by various top NLUs in 2020, 2021, 2022 and 2023 - Including NLSIU, NALSAR, NLU-J, WBNUJS
  • Our users were also selected for the IIT KGP LLM, NLU Delhi (AILET PG) & DU LLM programs
CLAT PG 2021 Mock Test Series and Previous Question Papers

Authentic Feedback from previous LawMint users :

I got AIR 21 in CLAT PG. Thank you so much. Your mocks helped me a lot in my preparation 🙂 - Ayushi Jain

I have subscribed to your CLAT PG program and got AIR 36 in this year CLAT PG. I have also secured AIR 54 in AILET PG exam. I would like to thank you. Your mock paper really helps a lot - Shrashank Tripathi

I would like to thank you for the CLAT PG LLM COURSE. Practising mock tests there helped me in getting confidence and hence I was able to get AIR 45 in CLAT PG LLM - Akshay Awasthi

A year back, I relied on the IIT Kharagpur RGSOIPL mock test series by LawMint to prepare for my RGSOIPL entrance test. Few months back, I relied on your UGC NET Law series to prepare for UGC NET. I was the topper of the RGSOIPL entrance, and have cracked JRF in UGC NET. All thanks to LawMint - Anshuman Sahoo

"I got AIR 18 in CLAT PG and General Category rank 28 in AILET PG. I want to thank you for helping me practice well in controlled conditions from any place. It gave me a lot of confidence and I took the tests while travelling too. I also made it to IIT Kharagpur." - Vinodharani

"Lawmint has been of great help to me in securing AIR 25 in AILET PG and AIR 29 in CLAT PG examinations. The subjective and objective approach of the test series kept me up to date with the latest exam pattern." - Bhawna Nanda

"I, Nimmy Saira Zachariah joined you clat test series. I cleared AILET PG with 30th rank. Your test series were of immense help as it gave me clear idea of where my preparations stand thank you once again law mint." - Nimmy S Z

"Hey guys. Where do I start? If I thought that getting AIR 59 in Clat PG was it, then how wrong I was. With Lawmint now I have cracked UGC NET as well." - Joyanta Chakraborty
CLAT PG 2020 Comprehension passage 4 with answers explanation LawMint CLAT PG Mock Test Series