Instructions: –
1. Attempt all the questions.
2. Once you have completed all the questions of a particular section click on the submit button for scores and explanations then move to the next sections.
3. For each correct answer, you receive 1 mark. For this mock, there is no negative marking.
English Language
Karl Manheim and Lyric Kaplan, in a 2019 article in the Yale Journal of Law and Technology, portray in some macabre detail the threats “fuelled by growing deployment” of AI tools that lead to “[manipulation of] the preconditions and levers of democracy” and “threats to decisional and informational privacy”. AI “is the engine behind Big Data Analytics and the Internet of Things.” While some consumer benefit ensues, their “principal function at present is to capture personal information, create detailed behavioural profiles and sell us goods and agenda.” Privacy, anonymity and autonomy remain the “main casualties of AI’s ability to manipulate choices in economic and political decisions” to the extent that, unless determined steps at global, regional, and national levels are taken now, privacy and democracy will rapidly become wonders of the past!
The present digital wars between the US and China, in fact, represent three different “digital empires” in complicity as well as collision, as Anu Bradford analyses in a book-length study of China, the US and EU law and regulation regimes (Digital Empires, 2023). She shows that the free digital model of the US, which amounts to complete freedom to the AI industry (the techno-optimistic model) revives the models of free speech and open markets, leaving the form and content entirely open to free market forces. Free market fundamentalism has nurtured the growth and global eminence of the social media industry which (according to the Business Research Company) rose from $193.52 billion in 2001 to $231.1 billion in 2023, and is expected to grow to $454.37 billion in 2027.
All this techno-optimism run “wild” is yielding to the appeal of an “authoritarian” model of regulatory reach, based on state surveillance and hegemony over private AI companies. The Chinese state-driven regulatory model is on “the ascent worldwide, leading to growing concern in the US, the EU, and the rest of the democratic world about the implications of that ascent.”
The worry that “China’s regulatory model will prevail is real, both normatively and descriptively” because while China’s technological development is impressive, its way of “harnessing that technology is often deeply oppressive”. The Chinese state-driven model also “appeals to many developing authoritarian countries” because it “combines political control with tremendous technological success”. In contrast, the very few actually existing “democratic” societies seem to prefer the EU model, seen as providing the “necessary building blocks of a more equitable and human-centric digital economy.” The EU Declaration on Development on November 22, 2021, privileges a human rights-based approach to development, postulating respect for human rights as “a precondition for the achievement of inclusive and sustainable development”.
Bradford reminds us about the promise of an uncertain future of the technopolitical, although it remains open “whether surveillance capitalism, digital authoritarianism, or liberal democratic values will prevail as a foundation for human engagement and for our society as we advance further into the digital era”.
Legal Reasoning
In the context of legal proceedings under the Code of Criminal Procedure (CrPC) and the Indian Contract Act, the determination of jurisdiction is a critical aspect that ensures proper adjudication of disputes. According to the CrPC, legal jurisdiction is conferred upon courts based on specific criteria, including the location where the contract is made, where the breach occurs, or where the respondent resides. This structured approach aims to provide a clear framework for initiating legal actions, ensuring that the parties involved have a defined legal recourse.
The Indian Contract Act acknowledges that while parties to a contract can agree on certain aspects of their legal relationship, there are limitations to the extent of these agreements. One such limitation involves the restraint on legal proceedings. The Act permits only partial restraint, meaning that parties can agree to limit certain aspects of legal actions, but cannot impose an absolute restraint that would prevent any legal recourse altogether. This provision is designed to maintain a balance between contractual freedom and the need for legal accountability.
An important exception to the restriction on legal proceedings is arbitration. Arbitration allows parties to resolve their disputes outside the traditional court system, offering a more flexible and often expedited process. When parties agree to arbitration, they effectively restrain legal proceedings in courts to the extent that the matter is referred to an arbitrator. This exception is crucial as it provides an alternative dispute resolution mechanism that can be tailored to the specific needs of the parties involved.
The ability to confer jurisdiction within the parameters established by the CrPC is also recognized. Parties to a contract can choose to designate jurisdiction amongst the permissible locations—where the contract was made, where the breach occurred, or where the respondent resides. This contractual stipulation helps to preempt jurisdictional conflicts and provides clarity on where legal proceedings can be initiated. However, it is important to note that contracts cannot create new jurisdictions outside the scope of what the CrPC permits. They must operate within the existing legal framework to ensure enforceability.
Furthermore, contracts cannot impose an absolute restraint on all jurisdictions. Such a restraint would be invalid as it contravenes the principle of allowing access to justice. Absolute restraints would effectively deny parties any forum for dispute resolution, undermining the very essence of legal protection and fairness that the legal system aims to uphold.
In summary, while parties to a contract have considerable freedom to stipulate certain terms, including the choice of jurisdiction, this freedom is bounded by the principles laid out in the CrPC and the Indian Contract Act. Partial restraints on legal proceedings are permissible, and arbitration serves as a valuable exception. However, contracts must respect the limitations of creating new jurisdictions and avoid imposing absolute restraints, thereby ensuring that the rights to legal recourse and fair adjudication are preserved.
Logical Reasoning
The 6th Assembly of the International Solar Alliance (ISA), scheduled in New Delhi from October 30 to November 2, will be a confluence of leaders from 116 nations, presided over by RK Singh, Union Power and New & Renewable Energy Minister. This assembly will focus on enhancing energy security, facilitating energy transition, and expanding access to energy.
Key discussions at the assembly will revolve around the universalization of energy access through solar mini-grids, mobilizing finance for solar deployment, and diversifying solar energy supply chains and manufacturing. A high-level conference on November 1, 2023, will address climate change and solar energy deployment, marking a significant event in the assembly.
The ISA will release three flagship reports, highlighting advancements in solar technology, market trends, and investment patterns. The World Solar Technology Report 2023 emphasizes crystalline silicon technology’s dominance in the solar PV market, projected to constitute a significant portion of the renewable energy share by 2050. The World Solar Market Report 2023 provides a comprehensive analysis of the solar market’s evolution, noting a significant market expansion in 2022 and a shift in regional dynamics of solar adoption.
RK Singh emphasized ISA’s commitment to member countries, focusing on programmatic support, capacity-building, and regulatory understanding. He highlighted the ISA’s role in fostering investment-friendly environments and ensuring energy availability to meet global demands. The assembly aims to expedite the adoption of solar power, with a focus on decentralized solutions and green hydrogen.
India’s experience in renewable energy growth, particularly in solar energy, is highlighted as a model for reliability and dependability. Bhupinder Singh Bhalla, MNRE Secretary, noted the increase in countries ratifying the ISA Framework Agreement, emphasizing ISA’s objectives for global energy transition, national energy security, and local energy access.
Ajay Mathur, ISA Director General, pointed out the significant growth in clean energy investment, driven by solar and wind projects. He advocated for enhanced collaboration with international financial organizations and governments to boost investment in developing economies. In summary, the 6th Assembly of the ISA represents a pivotal step towards a sustainable and equitable energy future, with solar power playing a central role in the global energy landscape.
Quantitative Techniques
On Friday, 1500 people visited an ice cream parlor, out of which certain numbers of people like one or more than one ice cream out of the three types of ice creams: Vanilla, Chocolate and Strawberry while rest people didn’t like any of the three ice creams. Number of people who like only Vanilla, only Chocolate and only Strawberry are in the ratio 14:11:13, respectively. Numbers of people who like only Vanilla are seven times the number of people who like all the three types of ice creams. Numbers of people who like both Vanilla and Chocolate ice creams but not Strawberry are 50% more than the number of people who like all the three types of ice creams. Number of people who like both Strawberry and Vanilla ice creams is 165 less than the number of people who like only Chocolate ice cream. Number of people who like both Strawberry and Chocolate ice creams, but not Vanilla ice cream are five more than the number of people who like both Strawberry and Vanilla ice creams, but not Chocolate ice cream. Numbers of people who didn’t like any of the three ice creams are 50% more than the number of people who like exactly two types of ice creams.
Also learn: CLAT Previous Year Question Papers
General Knowledge
Legal history in India is one with a rich tapestry of cultures and complex society. As far as the law was concerned, its origin followed the advent of ancient texts such as the Manusmriti written around 200 BCE to 200 CE. It was in this book that the foundational Hindu law and social code were laid. He believed that people should follow the principles of dharma, which can be said to be moral law, defining the rights and duties. The Manusmriti had further sub-divided the laws into two groups: varna, or social class, and ashrama, or stage of life. This division remained strong throughout the centuries and continued to influence the legal system.
Indian jurisprudence came under Islamic law when the Mughal Empire emerged in the 16th century. The Mughals introduced the term “sharia” and the “darbar” system, whereby the emperor served as the supreme judicial power. During this time, codification took place in criminal justice and land revenue, bringing together Hindu and Islamic influences. Notable figures like Emperor Akbar encouraged syncretic legal structures and instilled religious tolerance as they established courts welcoming multireligious populations.
The British colonial period was a significant watershed in the Indian law calendar. The British legal principles started invading India with the establishment of the rule of the East India Company in the 18th century. It was during this time that the formal judicial system came into existence due to the Regulating Act of 1773 and subsequent laws. The formation of the Supreme Court in Calcutta in 1774 marked the effective dawn of modern law in India. The British further codified laws through the Indian Penal Code in 1860 and the Civil Procedure Code in 1908, both of which remain indispensable for India today. The mass struggle for freedom, feeding on this drive for justice in its own endeavor, not only created expectations of what Indian reformation should be but also nurtured an ethos of legal equity and social redress by such leaders as Mahatma Gandhi and Dr. B.R. Ambedkar. Constituent Assembly-A body established in 1946 to prepare the Indian Constitution; the Indian Constitution was implemented on January 26, 1950. The very constitution vested fundamental rights, equality before law, and the principle of justice in the premises of democracy.
Post-independence, India saw significant developments in its law-related field: enactment of various laws on social issues, like the Dowry Prohibition Act of 1961 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989. The independence of the judiciary has played a prime role in the enunciation of constitutional rights, interpretation of laws, and expansion of the scope of justice with landmark judgments. The journey of the legal history of India has been one of constant flux and has been made under the influences of social, political, and cultural compulsions reflecting the country’s quest for justice and equality.