Passage (Q.1-Q.4): The town of Morbi in Gujarat was on the receiving end of one of the worst tragedies this country has witnessed, when a horrific bridge collapse led to the death of at least 135 people. While a SIT is appointed to investigate, and a criminal case under various provisions of the IPC has already been registered against the agency responsible for the maintenance of the bridge, pertinent questions over who is responsible continue to be raised.One argument that’s now been raised is whether the tragedy was the result of an ‘Act of God’. It has reportedly been argued before court by one of the managers of the company responsible for maintenance of the bridge that the unfortunate incident was the will of God. An Act of God is generally used to refer to events which are outside human control and are unpreventable. The Blacks law dictionary defines Act of God or Vis major (meaning ‘Act of God’ in Latin) as an “overwhelming, unpreventable event caused exclusively by forces of nature, such as an earthquake, flood, or tornado. In P Ramanatha Aiyar’s Advanced Law Lexicon, which was also referred to by SC in its orders, it’s said that the expression ‘act of God’ signifies the operation of natural force free from human intervention. However, every unexpected wind and storm does not operate as an excuse from liability, if there is a reasonable possibility of anticipating its occurrence. It is also said that an act of God provides no excuse, unless it is so unexpected that no reasonable human foresight could be presumed to anticipate the occurrence, having regard to the conditions of time and place. As a defence under the law of torts, it’s an occurrence which wasn’t reasonably foreseeable and cannot be prevented by reasonable human foresight and care. An Act of God is often used as a defence to limit or remove a party’sliability under variouslawslike contract law, insurance law etc. Anothersimilar defence is that of force majeure, where a party is released from its obligations under a contract when, due to events beyond its control, a party cannot perform its obligations. Senior Advocate Sidharth Luthra opined that an act of God is not a legitimate answer to a criminal charge. Another advocate points out two reasons for his argument of act of God not being applicable: the number of persons allowed on the bridge being far in excess of the capacity of the bridge, and the strength of the bridge not enhanced to meet such a festive rush: both being human factors.
1. A tragic incident occurred in the city of Millakook, where a crucial bridge connecting two sides of the city collapsed during heavy rainfall taking lives of many people. The bridge, known as Millakook Bridge, had been a vital transportation artery, enabling thousands of commuters and vehicles to cross the river daily. The Milla River, usually a calm and gentle waterway, swelled beyond its usual capacity due to the excessive rain. The bridge's structural integrity was already compromised due to years of wear and tear, lack of proper maintenance, and gradual erosion of its foundations. A criminal case is filed for causing death by negligence against the company responsible for its upkeep. Will the case succeed?
2. A severe tropical cyclone, categorized as a Category 5 hurricane, made landfall in the region. The hurricane brought with it extreme winds of over 200 miles per hour, torrential rains, and a storm surge that caused widespread flooding. Forewarning regarding the same was given. Among the properties severely impacted was the River tide Amusement Park, a popular local attraction. The amusement park was situated close to the coast, making it vulnerable to the storm's destructive force. The hurricane's fury resulted in extensive damage to the park's rides, infrastructure, and buildings. In the aftermath of the catastrophe, the owner of the Rivertide Amusement Park, Mr. Johnson, faced numerous claims and lawsuits from visitors who had suffered injuries during the storm. Many visitors alleged that the park's failure to evacuate them in time or secure the rides and premises adequately led to their injuries and damages. The visitors sued the park management under tort law. Will they succeed?
3. A cinema was situated in a densely populated area and was known for screening blockbuster movies and hosting large audiences daily. The incident occurred during a day of severely intense heat wave. The city experienced record-breaking temperatures leading to extremely dry and arid conditions. On that fateful day, the temperature soared to an all-time high, and a series of thunderstorms were forecasted to bring some relief later in the evening. However, before the rain could arrive, a lightning strike struck the cinema's roof during the late afternoon hours. The lightning strike, accompanied by a powerful electrical discharge, set the cinema's roof ablaze within seconds. The dry wooden poorly-maintained structure of the roof acted as a perfect fuel source, causing the fire to spread rapidly and uncontrollably. Despite the best efforts of the cinema staff and nearby onlookers, the fire quickly engulfed the entire building. The intensity of the blaze, coupled with the strong gusts of wind that accompanied the approaching thunderstorm, made it impossible to contain the fire effectively. Emergency services, including firefighters and paramedics, were promptly dispatched to the scene. However, the raging inferno and the rapidly deteriorating structural integrity of the cinema hindered their efforts to extinguish the fire and rescue the trapped patrons. Tragically, several moviegoers were unable to escape the burning building in time, resulting in multiple fatalities and injuries. What is the future course of action for the fatalities which will succeed in light of the passage?
4. A significant environmental disaster unfolded in the outskirts of a coastal town named Oceanview. The incident involved a massive oil spill from a nearby offshore drilling rig operated by a major energy company, which resulted in severe ecological damage and economic losses to the region. The offshore drilling rig had been conducting routine operations in the ocean, extracting oil for energy production. However, during one fateful day, a catastrophic equipment failure during a maintenance operation occurred on the rig, leading to a rupture in the oil well's casing. This failure caused a massive uncontrolled release of crude oil into the surrounding marine environment. In the aftermath of the oil spill, the devastating impact on the local ecosystem was evident. The spill contaminated vast stretches of coastline, affecting popular beaches, marine habitats, and fishing grounds. Marine life, including fish, seabirds, and marine mammals, suffered from the toxic effects of the oil, leading to mass die-offs and disruptions in the food chain. Is the incident Act of God or otherwise induced?
Passage (Q.5-Q.8): The Inter-services Organisations (Command, Control and Discipline) Bill, 2023, was introduced in Lok Sabha on March 15, 2023. It seeks to empower the Commander-in-Chief or Officer-in Command of Inter-services Organisations to exercise disciplinary or administrative control over the service personnel under their command, irrespective of their service. Presently, the Commander-in-Chief or Officer-inCommand of Inter-services Organisations are not empowered to exercise disciplinary or administrative powers over the personnel belonging to other services. The Bill empowers the Commander-in-Chief or the Officer-inCommand of an Inter-services Organisation to exercise command and control over the personnel serving in or attached to it. He would be responsible for maintaining discipline and ensuring proper discharge of duties by the service personnel. The superintendence of an Inter-services Organisation (ISO) will be vested in the central government. The central government may also issue directions to such organisation on grounds of national security, general administration, or public interest.
The officers eligible to be appointed as the Commander-in-Chief or Officer-in-Command are: (i) a General Officer of the regular Army (above the rank of Brigadier), (ii) a Flag Officer of the Navy (rank of Admiral of the Fleet, Admiral, Vice-Admiral, or Rear-Admiral), or (iii) an Air Officer of the Air Force (above the rank of group captain). He will be empowered to exercise all disciplinary and administrative powers vested in: (i) General Officer Commanding the Army, (ii) Flag Officer Commanding-in-Chief of a Naval Command, (iii) Air Officer Commanding-in-Chief of an Air Command, (iv) any other officer/authority specified in the service Acts, and (v) any other officer/authority notified by the government. The Bill has been passed by the Lok Sabha in August 2023. It will become a law after getting passed from Rajya Sabha and getting the President’s nod.
5. A serious security breach has occurred on an isolated island in the Indian Ocean in July 2023, where a terrorist organization has taken control of a valuable natural resource and is threatening to use it for destructive purposes. The intelligence reports suggest that they plan to ship the resource to multiple locations worldwide. In response to this imminent threat, the Commander-in-Chief has gathered the top-ranking officers from the Army, Air Force, and Navy in the Joint Operations Center. Turning to the Navy officer, who is an experienced Rear Admiral known for their strategic acumen and proficiency in maritime operations, the Commander-in-Chief speaks with authority:“"Navy Officer, we have a grave situation on our hands. The terrorist organization has taken control of that island and poses a significant threat to global security. Your expertise in naval operations will be crucial in this mission. I want you to mobilize the Navy fleet immediately and establish a blockade around the island to prevent any unauthorized ships from entering or leaving.” Can he do so?
6. General Sulochna Sharma, a seasoned military strategist and the current Commander-in-Chief of ISO, is known for her ability to effectively coordinate joint military efforts across various branches. The ISO was established to ensure seamless collaboration between the army, navy, air force, and other defense components in times of crisis. Captain Kartikeya Bahadur, a skilled and experienced Navy officer, commands the naval fleet in the subcontinent region. His career has been marked by successful peacekeeping missions, anti-piracy operations, and disaster relief efforts. Recognizing the need for a comprehensive and unified response, General Sharma activates the ISO's rapid response protocol. In a video conference, she addresses a panel of high-ranking officers from different branches, including Captain Kartikeya Bahadur, who is representing the Navy and directs him to oversee a specific region. Considering that the Bill has acquired the President’s assent, is her action valid?
7. A country faces an unprecedented natural disaster, a massive earthquake, which has caused widespread destruction in several regions. The ISO Bill has become law few months ago. The Government, realizing the magnitude of the disaster, activates the National Emergency Response Protocol and issues critical directions to the Inter-Service Organization (ISO) to coordinate the disaster relief efforts among all branches of the armed forces. Immediately after the earthquake strikes, Snigdha Chauhan, Minister of Defence at the centre convenes an emergency meeting with the top leadership of the ISO. She addresses the dire situation and the urgency of an immediate and comprehensive response. Minister Chauhan:“"Gentlemen, we are facing a national disaster of unprecedented scale. The earthquake's impact has caused widespread destruction, and thousands of lives are at stake. We must act swiftly and with utmost coordination to save lives of people and provide relief to the affected regions. I call upon the ISO to take immediate action and mobilize all available resources from the army, navy, air force, and other relevant agencies”" Is her action valid if the bill became a law?
8. After a gruesome attack, in a high-level meeting of the Security Council, State Minister Harsha Raghuwanshi chairs a session attended by key ministers, intelligence officials, and military commanders. The meeting is convened to assess the threat level and devise a comprehensive strategy to counter the terrorist group's activities. Minister Raghuwanshi:"Ladies and gentlemen, the recent attacks by the extremist group have shaken our nation. We cannot afford to underestimate their capabilities or intentions. It's clear that a coordinated and robust response is required to eliminate this threat. I propose activating the Counterterrorism Task Force within the Inter-Service Organization. This Task Force will serve as the central hub for all intelligence sharing, joint operations, and communication between our armed forces. Our objective is to neutralize the threat and restore peace across the nation." Can she issue directions to the ISO according to the bill?
Passage (Q.9-Q.12): Surveillance without procedural safeguards would offend an individua’'s fundamental right to privacy, the Rajasthan High Court recently held while quashing three phone tapping orders passed by the Stat’'s Home Ministry Justice Birendra Kumar and noted that the Indian Telegraph Act provides for procedural safeguards to prevent arbitrary infringement of the right to privacy, which must be strictly followed. The State Home Ministry had in 2020 and 2021 passed three orders to 'intercept the mobile phone' of accused in a bribery case, including the petitioner. The State authorities justified the phone tapping under the Indian Telegraph Act, alleging that the petitioner was involved in bribing a public servant. The prosecution contended that following the interception of the phone, a first information report (FIR) came to be registered under relevant provisions of the Prevention of Corruption Act. The petitioner challenged the interception orders on the ground that his right to privacy was infringed by the State putting his mobile phone under surveillance/spying. Having heard the contentions, the Bench noted that the orders under challenge did not disclose reasons as to why such surveillance was in the interest of public safety.“"The authorities have failed to record any reason in writing consisted with the requirement of sub-section (2) of Section 5 of the Telegraph Act. Therefore, impugned orders suffer from arbitrariness and violate constitutional right of the petitioner”" the order said. In this background, the Court said that the orders in question suffered from manifest arbitrariness.“"Therefore, if allowed to stand, would amount to permit violation of the fundamental rights of the citizens and the law laiddown by the Supreme Court. Therefore, all the three interception orders stand hereby quashed. The authorities are directed to destroy the intercepted messages and recordings," the Court said. It also made it clear that the messages intercepted from the petitioner's mobile phone shall not be considered in the pending criminal proceedings.
9. According to the passage, why did the Rajasthan High Court quash the three phone tapping orders passed by the State's Home Ministry?
10. R was kidnapped on a Sunday night. She traveled to visit a friend who had been admitted to the hospital. As she was traveling home, K kidnapped her. Two days later, he called R's home to demand a ransom. Since K was the housekeeper in R's household and they were familiar with his voice, R's parents were able to identify K. The police tapped his phone because they also had his number, and after fifteen hours, they located R and rescued her along with 25 other kids kidnapped by K. K, however, argued that his right to privacy was infringed when charges were brought against him because his phone was tapped. Do you concur with K's argument? To determine the answer, examine the passage.
11. In 2010, T and H got married. Additionally, they had twin daughters in 2016. But T noticed after a few weeks that H did not pay her enough attention and also tended to arrive late. On the weekends, he used to hang out with his coworkers. In an effort to apprehend H, she made the decision to tap his phone one day. But she was unable to accomplish that because her phone lacked such features. As a result, T went to the police station and reported H missing the next day when he failed to arrive home. The police tapped his phone in order to find him. But when he returned home at his usual hour, Hprotested that his right to privacy had been violated. Do you agree with H's stance?
12. P was taking a train from Gujarat to Maharashtra. The train ride took nine hours. Since he was on a train, his phone was unreachable when his father R tried to reach him. When his train was 3 hours late, his father downloaded the train monitoring app to find out. However, he went to the police to have P's phone tapped since he needed to authenticate P's whereabouts. He agreed and tapped P's phone because the officer in charge of that region was a friend of R's. When P arrived in Gujarat, he learned of his father's conduct. He became incensed and complained about phone tapping. Determine whether accept his complaint.
Passage (Q.13-Q.16): The voter has a right to know the full background of a candidate, the Supreme Court has reiterated while dismissing a plea by Lok Sabha MP Bhim Rao Baswant Rao Patil, who had challenged a High Court order refusing to reject the election petition against him. Dismissing his plea, a bench of Justices S Ravindra Bhat and Aravind Kumar said that “the elector or voter’s right to know about the full background of a candidate — evolved through court’s decisions — is an added dimension to the rich tapestry of our constitutional jurisprudence” and that “keeping this in mind there would be a denial of a full-fledged trial, based on the acknowledgment that material facts were not suppressed”. Patil won the Lok Sabha polls from Zaheerabad constituency in Telangana on a TRS (now BRS) ticket in 2019 by a margin of 6,229 votes. Following this, Madan Mohan Rao of the Congress, who finished second, filed an election petition, alleging, among others, that Patil had furnished false information in the election affidavit; that the Returning Officer had not followed the Election Commission’s October 2018 guidelines; and that there was no previous publication of papers regarding pending cases against him and those in which he was convicted.
The HC initially rejected the election petition in June 2022. After the Supreme Court stayed the order, the HC subsequently rejected Patil’s application, following which he moved the SC. Patil had contended before HC that the election petition did not disclose any cause of action and was barred in law, and was thus liable to be rejected.
Upholding the HC decision, the SC said whether the facts alleged, disclose an offence is a matter of trial and venturing into it at this stage would amount to pre-judging.Thebench is considering whether there is an existence of a criminal case, even if a charge has not been framed, or whether there is conviction in a case, where penalty was imposed, or even if a penalty was not imposed, could affect the outcome of the case. The bench has not yet ruled on whether these facts are material facts. The bench will decide this issue after hearing arguments from both sides.
13. According to the passage, why did the Supreme Court dismiss the plea of Lok Sabha MP Bhim Rao Baswant Rao Patil challenging the High Court order refusing to reject the election petition against him?
14. In the state of West Bengal, panchayat elections were scheduled to take place within the next week. The candidates who would run in the elections were also chosen. There were posters with the party's emblem and name all over the place. However, there was no information available about two of the eleven candidates. As a result, voters did not vote for the two candidates for the only reason that they did not provide any background information. In light of the passage, do you believe the voters made the correct decision?
15. G was convicted of fraud against the government in 1998. He did, however, pay the fine and serve the sentence. He won the elections in 2020, when he was 45 years old. He made no mention of his previous conviction. Only after a journalist conducted a background check in 2021 was his conviction made public. As a result, his position was terminated. Determine whether the proper course of action was taken. Select the correct answer by referring to the passage.
16. P intended to run in the state elections for the third time in order to have his tenure renewed. For the entire decade, he was the ruling party. He had revealed everything about his education, qualifications, and marital life. He also revealed his address and other pertinent family information. He has never been charged with a crime in the past. Do you think P is an appropriate candidate after reading the passage? Give relevant justifications for your answer.
