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Given below are two statements: Statement I: "All human beings are not legal persons." Statement II: "State is a juristic person." Choose the mo
Question

Given below are two statements:
Statement I: "All human beings are not legal persons."
Statement II: "State is a juristic person."
Choose the most appropriate answer:

A.

Both Statement I and Statement II are correct

B.

Both Statement I and Statement II are incorrect

C.

Statement I is correct but Statement II is incorrect

D.

Statement I is incorrect but Statement II is correct

Correct option is A

The correct answer is (a) Both Statement I and Statement II are correct

Explanation

  • Statement I is correct: In jurisprudence, "legal person" is a technical term. While all humans are natural persons, legal personality is a status conferred by law. Historically, certain groups (like slaves) were human beings but were considered "chattel" (property) without legal personality. Today, an unborn child is a human being but lacks full legal personality until it is born alive (though it has some protected rights).

  • Statement II is correct: The State is recognized as a Juristic (or Artificial) Person. This means the State is a legal entity distinct from the individuals who govern it. Under the Constitution of India (Article 300), the Government of India may sue or be sued in the name of the Union of India, which is only possible because it possesses a juristic personality.

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