This article has been jointly written by Harsh Vardhan Tiwari & Animesh Jha. The authors are currently mentoring CLAT aspirants.

Common Law Admission Test (CLAT 2018) took place on 13th May 2018. The CLAT Answer Key released by the CLAT Committee seems to have wrong answered marked. Few of the questions were erroneous due to faulty framing.

We have identified three possible errors in Legal Aptitude Section, one in the GK section and two in Logical Reasoning Section making the total tally of 6. (Undergraduate). There are 8 possible errors in CLAT 2018 (PG) answer Keys.

CLAT Committee of 2017 accepted 9 errors after the grievances were raised. The potential errors in CLAT 2018 (UG) are:

Question 167

Legal Principle: Negligence is the absence of care by one party which results in some damage to another. Damage is an essential ingredient to constitute a tort of negligence.

Fact Situation: Mistry left his ladder on the public road while unloading it from a truck when he went to open the shutters of his shop. Saini who was riding his motorcycle had to swerve hard to avoid hitting the ladder as he came with speed on the road. Saini fell down but was miraculously not injured.

Which of the following statements is the most appropriate in relation to the legal principle stated above?

1)Mistry is not liable for the tort of negligence since Saini was not injured though he fell down.

2) Mistry is liable for the tort of negligence since Saini fell down due to the presence of the ladder.

3) Mistry is not liable for the tort of negligence since Saini was speeding on the road.

4) Mistry is liable for the tort of negligence since he was careless in leaving the ladder on the road.

Here the correct answer should be A, instead of the marked answer B for the simple reason that the principle is specifically stressing on Damage, which is some tangible or actual harm to a person and different from injury which is a violation of legal rights.

By adding the last line, the framer of the question clearly identified that there was clearly a miracle due to which the plaintiff was not hurt. Here it is tough to comprehend that how a person will not be hurt when falling from motorcycle but still this is what a miracle means. Maybe there was a bed of roses alongside but since the person was not hurt, there can be no damage.

Here understanding the difference between Torts actionable per se and not actionable per se. Torts like trespass are actionable per se where the proof of any specific damage is not required to be given but as in instant case, there is tort of negligence, some damage is required which means any harm for which one should be compensated.

We expect CLAT committee to correct this question and appeal students to raise grievances.

Question 162

Legal Principle: It is an offence to obstruct a public servant in the due discharge of his duty. Right of private defence is available to protect one’s person and property.

Fact Situation: Sidhu comes to the rescue of his uncle who is sought to be taken into a car by some men. In the process, he causes injury to some of them. Later, it turns out that the men were police persons in plain clothes trying to enforce a warrant against his uncle.

Which of the following statements is the most appropriate in relation to the legal principle stated above?

Options:

1) Sidhu has committed the offence of obstructing a public servant in due discharge of his duty.

2) Sidhu has not committed an offence since he did not know that the men were from the police.

3) Sidhu’s uncle has resisted arrest and should be proceeded against.

4) Sidhu should not have tried to help his uncle without ascertaining the fact.

Here the correct answer should be A, instead of the marked answer B for the simple reason that the Cardinal rule of Legal Aptitude is simply to blindly follow the principle and presume nothing but the principle. Here the Principle clearly states that obstructing the public servant is an offence.

Here there are two logics which make the given answer incorrect.

1.  Firstly the Principle of Private defence given is available for defending ONE’s person and property, which indicates that the same cannot be exercised for person and property of others. Here the actual law is different but we have to stick the principle given. So, here the act of Sidhu of defending the Uncle was not covered under the principle of private defence.
2. Secondly, it is nowhere mentioned in the principle that the obstruction should be intentional and since the requirement of intention cannot be presumed hence strictly following the principle, the answer should be different.  

Question Number 154

A Panchayat Samiti at the block level in India is only a/an:

Options:

1) Administrative authority

2) Co-ordinating and Supervisory authority

3) Consultative Committee

4) Advisory body

Here the correct answer should be A, instead of the marked answer B because in Panchayti Raj, the Panchayat Samiti is an executive/ administrative authority whereas the Zila Parishad is the Coordinating and Supervisory Authority. To Support my claim, Book of Mr.  M. Laxmikanth on Indian Polity Published by Tata Mc Graw Hill Publication can be sighted. This book is considered as an authority for civil services examination. Page no. 699.

To Quote

“4. The panchayat samiti should be the executive body while the zila parishad should be the advisory, coordinating and supervisory body.”

We expect CLAT Committee to correct this question.

Question 153

How many languages are there in the Eighth Schedule of the Constitution of India?

Options:

1) 21

2) 22

3) 19

4) 18

Here the correct answer should be B, instead of the marked answer A because it is clearly the case as it is clear from a bare perusal of the constitution. No need of explanation.

Question Number 5

Directions: Identify the incorrect sentence/sentences.

1. A) The college has organized a science fare
2. B) This is to notify that a leather wallet has been lost
3. C) Shortly blood donation will begin a camp
4. D) The agenda of the meeting is available on the website.

Code

Options:

1) B

2) C

3) D

4) A

The answer provided by CLAT committee is (2) C. Although, it prima facie appears to us that Statement A should be also the correct answer as in the spelling of “Fare” is wrong. It makes two options as the probable answer.

We expect CLAT Committee to accept both as correct answers.

Question 105

Directions: Read the statement and on the basis of that, choose the most appropriate course of action(s) given below the statement.

Statement: Most of those who study in premier Medical colleges in India migrate to developed nations for better prospects in their professional pursuits.

Courses of Action:

1. All the students joining these colleges should be asked to sign a bond at the time of admission to the effect that they will remain in India at least for ten years after they complete their medical education.
2. All those students who desire to settle in the developed nations should be asked to pay the entire cost of their education which the government subsidised.

Options:

1) Only I follows

2) Only II follows

3) Both I and II follow

4) Neither I nor II follows

The answer provided by CLAT Committee is (2) that is Only II follows. The correct answer should be (4) neither I nor II follows. The reason behind being Second course of action is extreme and impractical.  

We expect the answer to be changed from (2) to (4).

…………

Now, Coming on to CLAT 2018(PG) part. There are possibly 8 errors in the answer Key.

 

Question 430

Which among the following is not a feature of federalism?

Options:

1) Supremacy of the Constitution.

2) Distribution of Powers.

3) Supremacy of the Judiciary.

4) Separation of powers.

The answer provided by CLAT Committee is (4)   Separation of powers. Whereas the answer should be (3).

 

Question 443

Which one of the following statements is incorrect?

Options:

1) Parliament has exclusive power to make laws with respect to goods and services tax where the supply of goods, or of services, or both takes place in the course of inter-State trade or commerce.

2) The tax collected by the Union under Clause (1) of Article 246A shall not be distributed between the Union and the States.

3) The Goods and Services Tax Council has power to establish a mechanism to adjudicate any dispute between the Government of India and one or more States.

4) Article 279-A is an entrenched provision under Article 368 of the Constitution of India.

The answer provided by CLAT Committee is 2)The tax collected by the Union under Clause (1) of Article 246A shall not be distributed between the Union and the States.

Option 4 is an equally correct answer. Vide 101st amendment article 368 has been amended to the effect that in proviso(a) of 368(2), in place of” article 162 or 241″, the words” article 162 , 241 and 279a” were substituted….as we can see, it being a proviso to cl(2) and requiring a special procedure for amendment (I.e ratification by states) can be regarded as an entrenched provision under Article 368.

Question 457

The concept of Dialectical Materialism is a concept commonly associated with which of the following Schools of Thought?

Options:

1) Marxism

2) Liberal Theory

3) Post Modernism

4) Utilitarianism

The answer provided by CLAT Committee is 2) Liberal Theory. The correct answer is 1) Marxism.

Question 489

Which of the following is not correct in the context of valid usage?

Options:

1) Usage must be so well established as notorious.

2) In case of conflict between usage and law, law prevails.

3) In case of conflict between express provision of a contract and usage, contract prevails.

4) Usage shall be a reasonable one.

The answer provided by CLAT Committee is 3)   In case of conflict between express provision of a contract and usage, contract prevails. Custom, even more so usage must not be in conflict with express provisions of statute law… (Ref- VD Mahajan- Jurisprudence 5th edition Pg 240 point 9) . Noteworthy – Section 1 of Indian Contract Act- doesn’t suggest anything to the contrary. Hence correct answer cannot be option 3.

There are few questions in which none of the options given is the correct answer like Question numbers 491, 504, 523.

 

Question 515

When a person dies intestate                                        

Options:

1) He dies in his home in his estate.

2) He dies without leaving any property.

3) He dies without leaving a will.

4) He dies by committing suicide.

The answer provided by CLAT Committee is 1) He dies in his home in his estate. The correct answer should be (3) He dies without leaving a will.