Constitution and Constitutionalism: The distinctive features of the Constitution.
Fundamental Rights—Public interest litigation; Legal Aid; Legal services authority.
Relationship between Fundamental Rights, Directive Principles, and Fundamental duties.
Constitutional Position of the President and relation with the Council of Ministers.
Governor and his powers.
Supreme Court and the High Courts:
(a) Appointments and transfer.
(b) Powers, functions, and jurisdiction.
Centre, States, and local bodies:
(a) Distribution of legislative powers between the Union and the States.
(b) Local Bodies.
(c) Administrative relationship among Union, State, and Local Bodies.
(d) Eminent domain-State property-common property-community property.
Legislative powers, privileges, and immunities.
Services under the Union and the States:
(a) Recruitment and conditions of services; Constitutional safeguards; Administrative tribunals.
(b) Union Public Service Commission and state public Service Commissions—Power and functions.
(c) Election Commission—Power and functions.
Emergency provisions.
Amendment of the Constitution.
Principle of Natural Justice—Emerging trends and judicial approach.
Delegated legislation and its constitutionality.
Separation of powers and constitutional governance.
Judicial review of administrative action.
Ombudsman: Lokayukta, Lokpal etc.
International Law:
Nature and Definition of International Law.
Relationship between International Law and Municipal Law.
State Recognition and State Succession.
Law of the sea: Inland Waters, Territorial Sea, Contiguous Zone, Continental Shelf, Exclusive Economic Zone, and High Seas.
Individuals: Nationality, statelessness; Human Rights, and procedures available for their enforcement.
Territorial jurisdiction of States, Extradition, and Asylum.
Treaties: Formation, application, termination, and reservation.
United Nations: Its principal organs, powers and functions, and reform.
Peaceful settlement of disputes—different modes.
Lawful recourse to force: aggression, self-defense, intervention.
Fundamental principles of international humanitarian law—International conventions and contemporary developments.
Legality of the use of nuclear weapons; ban on testing of nuclear weapons; Nuclear nonproliferation treaty, CTST.
International Terrorism, State-sponsored terrorism, Hijacking, International Criminal Court.
New International Economic Order and Monetary Law: WTO, TRIPS, GATT, IMF, World Bank.
Protection and Improvement of the Human Environment: International Efforts.
Answer the following questions in about 150 words each:
a). "Preamble of the Indian Constitution is indicative of basic values that the political
system is expected to pursue." How far do you agree with the statement? Explain with
the reference to values that have been enshrined in the Preamble of the Constitution.
b). "The office of the President under the Indian Constitution has been designed to be
largely that of a 'figurehead'." Explain, with reference to the cases decided on the
subject.
c). "There is an obvious slant in favor of the Centre, in distribution of powers between
Center and States." Do you agree with the statement? Explain.
d). "The principles of natural justice are not cast in stone and there is always a possibility
deviation from stated principles of law in view of overall demands of justice."
Explain citing decided cases on the subject.
e). Explain and elucidate the grounds of judicial review for administrative action, by
quoting decided cases on the subject.
Answer the following:
a). "The Constitution of India has provided for a clear-cut distinction between civil and
political rights on the one hand and economic and cultural rights on the other, with a
distinct primacy given to civil and political rights." Explain.
b). "Panchayati Raj Institutions and Urban Local Bodies have been accorded constitutional
status." Explain the ambit and structure of the authority of Panchayati Raj Institutions
and Urban Local Bodies under the Indian Constitution.
c). "The Constitution of India provides constitutional status and protection to civil
servants." What protections have been secured for civil servants in India? Explain.
Answer the following:
a). "Superintendence, direction and control of elections is vested in the office of the
Election Commission and therefore, the appointment of Election Commissioner is of
crucial importance in conducting free and fair elections." Critically examine the above
statement with reference to recent judicial decisions.
b). "'Legal-Aid' provides a basic tool for access to justice for poor and marginalized sections
of society." Discuss and elucidate the Constitutional provisions and the provisions of
the Legal Services Authorities Act, 1987.
c). "The strength of the 'eminent domain' is inversely proportional to the strength of
democratic structure of any system." Do you agree with this statement? Explain.
Answer the following:
a). What do you understand by breakdown of constitutional machinery in a State?
Critically examine the powers of the President in imposing President's Rule under
Article 356 of the Constitution, by citing decided cases on the point.
b). Discuss the objectives of the establishment of Lokpal and Lok Ayukta, and their powers
and functions under the Lokpal and Lok Ayuktas Act, 2013. Examine the effectiveness
of the said Act.
c). If at any time, it appears to the President that a critical question of law and fact has
arisen, the President can obtain the opinion of the Supreme Court. Discuss the role of
the Supreme Court in this matter, by giving suitable examples.
SECTION ‘B’
Answer the following questions in about 150 words each:
a). "Triumph of Positivism has reduced an individual to be an object of international law
rather than a subject of international law." Comment on the status of the individual
under international law in the light of the above statement.
b). What do you mean by 'Contiguous Zone'? Explain with reference to Indian practices
on the subject.
c). Explain the impact of recognition on the powers and privileges of the States.
d). Explain the principle of 'Jus cogens' with reference to 'Vienna Convention on Law of
Treaties, 1969'.
e). "International Criminal Court is more of a Eurocentric Organisation than an International
Court." Explain the jurisdiction of International Criminal Court in light of the above
statement.
Answer the following:
a). "Law must be stable, and yet it cannot stand still, as it needs to reconcile the conflicting
needs of stability and change and in the fast-developing world, the stability appears to
have become the casualty in international law." Differentiate between traditional
International Law and new International Law in light of the above statement.
b). "States show considerable flexibility in the procedures, whereby they give effect to
the rules of the International Law, within their territory." Explain the acceptability of
norms of International Law in India, citing relevant cases on the subject.
c). How do you distinguish between 'Continental Shelf' and 'Exclusive Economic Zone'?
Explain giving examples.
Answer the following:
a). "Preamble of the UN Charter is representative of the aspirations of humanity in
ensuring peace and security across the globe." How far have these objectives been
achieved by the UN? Explain and elucidate.
b). "Reservation in multilateral treaty excludes or modifies the legal effect of certain
provisions of a treaty in its application to that State." Explain the circumstances under
which reservations in treaties are permissible under International Law.
c). Under what circumstances is recourse to 'force' or 'aggression' permissible and
justifiable under International Law?
Answer the following:
a)."WTO provides a platform for agreements amongst its members which form the legal
foundation of global trade." Critically evaluate the importance of WTO in the new
international economic order.
b). "Member States of the UN need to take appropriate action for protecting and improving
human environment." In light of the above statement, highlight the major steps of the
UN for protecting the human environment.
c). "International Humanitarian Law is a set of rules to limit the effects of armed conflict,
whereas International Human Rights Law seeks to ensure a set of rights which are
essential for survival of humans as Humans." Distinguish between International
Humanitarian Law and International Human Rights Law in terms of their contents and
purposes.
Paper-2
SECTION ‘A’
Answer the following in about 150 words each. Support your answers with relevant legal
provisions and judicial pronouncements.
a). Discuss the doctrine of 'Transferred Malice' as applied to law relating to culpable
homicide under the Indian Penal Code, 1860.
b). Discuss the nature and scope of right of Private defense of property along with
limitations if any, on the exercise of such rights.
c). Illustrate the doctrine of 'constructive-criminality' with reference to law on Abetment.
d). "He who acts through another, does the act himself."
Discuss the tortious liability entailed in the above statement.
e). Explain the various kinds of damages that a plaintiff can claim after a tort has been
committed against him.
Answer the following:
a). A twenty year old girl 'G' was coming back home after attending college. A man 'M' held her, shut her mouth and dragged her to a nearby bush, where he slit the girl's throat thereby killing her. Thereafter he raped her. Decide what offence(s), if any, 'M' has committed in the above case. Explain the relevant statutory provisions in detail.
b). "In Negligence, the chain of causation must remain intact."Describe the essentials of
'negligence' by referring to case-laws.
c). Define 'Atrocity'. Also discuss the acts that amount to 'atrocity' under the provisions
of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Answer the following:
a). Discuss the law relating to 'Assault of Criminal force' to woman with intent to 'Outrage
her Modesty' and 'Sexual Harassment' and defined under Indian Penal Code, 1860. Is
is there any difference between the two? Explain.
b). Elaborate the reasons for including 'e-commerce' in Consumer Protection Act, 2019.
Also discuss the consequences for not complying with the provisions of the Act by the
e-commerce entities.
c). Elucidate the essentials of 'Private Nuisance'. Also discuss the remedies available to a
plainfiff in a suit for 'private nuisance'.
Answer the following:
a). "Dishonest Intention is the gist of the offence of Theft."Examine the above statement with the help of relevant illustrations. Also discuss how 'theft' is different from 'dishonest misappropriation of property.'
b). Examine the term 'Undue-Advantage' as defined under the Prevention of Corruption
Act, 1988. Also discuss the persons authorised and the procedure required to be
followed while investigating cases that are registered under the Prevention of
Corruption Act, 1988.
c). Critically analyse with the help of decided cases, the essentials to be proved by a
plaintiff in a suit for damages for 'Malicious Prosecution.'
SECTION ‘B’
Answer the following in about 150 words each. Support your answer with relevant
legal provisions and judicial pronouncements.
a). "The law of contract is not the whole law of agreements, nor is it the whole law of
obligations. It is the law of those agreements which create obligations, and those
obligations which have their source in agreement"– Salmond. Critically examine this
Statement.
b). "At the suit of a partner, the court may dissolve a firm on certain grounds specified in
the Indian Partnership Act, 1932. The right of a partner to ask for dissolution on any of
the grounds mentioned in the Act cannot be excluded by any agreement to the
contrary." Explain.
c). "The parties cannot appeal against an arbitral award as to its merits. But, this does not
mean that there is no check on the Arbitrator's conduct. Awards may also be
challenged." Critically examine the above statement.
d). "In India, there are different types of Intellectual Property rights, which are protected
under different laws." Explain.
e). What kind of cases are heard by the 'National-Green Tribunal'? How is it different from
the Central Pollution Control Board (CPCB)?
Answer the following:
a). "The Constitutional courts through their judicial activism have made substantial
contribution in protecting women against exploitation, using Public Interest Litigation
as a tool for securing their Constitutional rights." Explain with leading case laws.
b). "A minor's contract being void, ordinarily it should be wholly devoid of all effects. If
there is no contract, there should, indeed, be no contractual obligation on either side."
Explain with case laws.
c). "A 'bearer instrument' is transferable by simple delivery. An 'instrument payable to
order' can be transferred by endorsement and delivery." Explain.
Answer the following:
a). "'Standard-contracts' contain a large number of terms and conditions in 'fine print'
which restrict or often exclude liability under the contracts. The individuals can hardly
bargain with the massive organization." Explain the modes of protection which have
been evolved by the courts.
b). Describe the constitutional roots of 'Right of Information' in India. Refer to decided
case laws.
c). "The doctrine of 'Undisclosed Principal' comes into play when the agent neither
disclosed the existence of his principal nor his representative character." In such cases
discuss the rights and liabilities of the Principals, the agent and the third parties.
Answer the following:
a). Under what circumstances, can an intermediary be held liable for third party-content
hosted by them? Explain the liability of intermediaries in the light of the relevar legal
provision in IT act and other contemporary developments.
b). 'Media trials entail the possibility of subverting administration of justice.' In the light
of this statement, analyse the report of Law Commission of India on Media Trial.
c). "Though risk and property generally go together, the two are not inseparable.
Sometimes risk may be in one party and property in another." Discuss the law relating
to 'passing off risk' under the Sale of Goods Act, 1930.
Paper-1
SECTION ‘A’
Answer the following questions in about 150 words each:
a). 'Absolute equality may itself be a cause of inequality.' In the light of this statement, discuss substantive equality.
b). "To preserve basic freedoms and dignity of individuals, a Constitution should be permeated with Constitutionalism.' Discuss.
c). Explain the legal position in case of repugnancy between Union and State laws with the help of decided case laws. Which law shall prevail in case of repugnancy?
d). What are the tests laid down by the Supreme Court in a recent decision for quantifying and providing quota for Other Backward Classes in local body elections?
e). Elucidate 'Wednesbury's Principles of Ureasonableness'. Do these principles provide in any way, scope for 'merits review' of administrative decisions?
Answer the following:
a). "Amending power does not extend to damaging or destroying the basic structure or framework of our Constitution." Discuss.
b). Discuss the application of fundamental rights to parliamentary privilege cases.
c). Do you think that all the 'Directive Principles of State Policy' are equally fundamental for the governance of the country? Describe with the help of decided case laws.
Answer the following:
a). Can the constitutional head of the State be truly described as the nerve-centre of the federal system? Explain in the light of powers and duties of the Governor.
b). What are the grounds to declare a delegated legislation as substantive ultravires? Refer case laws.
c). Briefly discuss the impact of Proclamation of Emergency under Article 352 of the Constitution.
Answer the following:
a). In the Parliamentary system, though there is no separation between the legislature and the executive in terms of personnel, there is separation of functions between the two. Explain in the light of relevant judicial decisions.
b). Are administrative tribunals competent to examine the constitutional validity of primary legislations? Discuss in the light of case law.
c). Explain the significance of 'Audi Alteram Partem'. What are the cases or circumstances in which the aforesaid principle of natural justice can be exucluded?
SECTION ‘B’
Answer the following questions in about 150 words each:
a). Keeping in view the growth of International Law in the contemporary era, do you think the classical definition of International Law has become redundant?
b). Distinguish between 'De-facto' and 'De-jure' Recognition.
c). What are Territorial Asylum and Extraterritorial Asylum? Explain.
d). What are the variousRights of States over 'territorial-waters'?
e). Distinguish between Arbitration and Judicial settlement as methods of peaceful settlement of disputes in International Law.
Answer the following:
a). Critically examine various theories relating to the relationship between International Law and Municipal Law.
b). Elaborate various theories of State succession.
c). Discuss various modes of acquisition and loss of Nationality.
Answer the following:
a). Describe the various powers and functions of the General Assembly.
b). Explain the maxim "Pacta Tertiis Nec Nocent Nec Prosunt" with relevant case laws.
c). Does the Right to Self-Defence under International Law include Right to take Pre-emptive Action?
Answer the following:
a). When is an aircraft considered to be 'in flight' for the purposes of the Convention for the Suppression of Unlawful Seizure of Aircraft? Delineate the obligations the said convention imposes on the State parties.
b). What is the most favoured means of decision-making at World Trade Organisation? Under what circumstances can decisions be taken by majority votes? Which decisions require super majority votes? Is there a need to reform the decision-making process? Discuss.
c). Explain the core principles of International Humanitarian Law (IHL)
Paper-2
SECTION ‘A’
Answer the following questions in about 150 words each:
a). “The existence of mens rea along with commission of actus reus makes the act an offence.” Explain.
b). What are the remedies available under the Law of Tort other than damages? Discuss by citing suitable illustrations.
c). Analyze the effectiveness of Sections 326-A and 326-B of the Indian Penal Code, 1860. What additional suggestions have been made by the Supreme Court of India in Laxmi vs. Union of India Case in 2015?
d). How far has Section 7-A of the Protection of Civil Rights Act, 1955 been effective to control untouchability in India?
e). The Right of Private Defence is based on the cardinal principle that it is the primary duty of man to help himself, but this right is not absolute. Explain.
Answer the following:
a). The 'State Liability' under the Law of Tort has undergone metamorphosis. Explain with the help of case laws.
b). “The provisions of Section 149 of the IPC, 1860 relate to the question of offence while Section 34 is a question of evidence.” Give reasons for the statement.
c). How is the rule of 'absolute liability' different from 'strict liability'? Cite the relevant judgements.
Answer the following:
a). What do you understand by an unlawful assembly? Discuss the circumstances when a lawful assembly becomes unlawful. Support your answer with suitable illustrations.
b). “The ‘Right of Reputation’ is acknowledged as an inherent personal right of every person.” Discuss the statement in the light of Law of Defamation in India.
c). “The consent of victim negates the offence of rape.” How far will it be true in case it is obtained by the offender on the false promise of marriage? 15
Answer the following:
a). Summarize the law relating to 'attempt to suicide' in India. How far the Mental Healthcare Act, 2017 added new dimensions to the law of attempt to suicide in India?
b). Outline the legal framework for the protection of online consumers provided under the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020.
c). “Tortious liability arises from breach of duty primarily fixed by the law. This duty is towards persons generally and its breach is redressible by an action for unliquidated damages.” Comment.
SECTION ‘B’
Answer the following questions in about 150 words each:
a). “All the contracts are agreements, but all the agreements are not contracts.” Elucidate the statement.
b). Discuss the quasi-criminal nature of Section 138 of the Negotiable Instruments Act, 1881.
c). Discuss the implications of the High Level Committee (known as T. S. R. Subramanian Committee) Report, 2014 for review of environment-related laws in India.
d). Elaborate the conditions and warranties provided under the sale of Goods Act, 1930.
e). “The quotation from a work which has already been lawfully made available to the public does not constitute infringement of copyright.” Comment.
Answer the following:
a). “The liability of a surety is coextensive with principal debtor, unless it is otherwise provided by the contract.” Elucidate the statement by narrating the circumstances under which a surety is discharged from his liability.
b). What do you mean by ‘abuse of dominance' and 'abusive conduct prohibited under the Competition Act, 2002?
c). Dwell on the concept of emergency arbitration in providing expeditious relief in India.
Answer the following:
a). State the circumstances of supervening impossibility and frustration of contract in the light of the decided cases.
b). “The Information Technology Act, 2000 aimed at e-commerce development, but failed to satisfy growth-building traders and consumer confidence.” Comment.
c). “An agreement without consideration is void.” Is there any exception to it? Discuss by giving suitable illustrations.
Answer the following:
a). What are the essentials of an agency? How is an agency created and terminated under the Indian Contract Act, 1872?
b). “Time is an essence of the contract.” What are the remedies available to the aggrieved party in case of non-fulfilment of obligation within the stipulated time?
c). Discuss the ambit and scope of Section 3(d) of the Patent Act, 1970 in the context of the Novartis Case, 2013.
Paper-1
SECTION ‘A’
Answer the following:
a). "The Fundamental Rights may be said to constitutionalise social values of existing society." Explain and illustrate.
b). “Public Interest Litigation in India is judge-led and even to some extent judge-induced." Explain with the help of relevant case law.
c). “Right to Education is the base for Fundamental Rights and Human Rights." Discuss the efforts made by the Government with regard to the Right to Education of children.
d). Explain the relationship between the President and the Council of K Ministers. Is the President bound to accept the advice of the Council of par Ministers? Discuss.
e). Delegation of 'Legislative Powers' has neither been permitted nor prohibited under the Indian Constitution. Discuss the constitutionality of delegated legislation with the help of decided cases.
Answer the following:
a). "Pluralism is the keystone of Indian culture and religious tolerance is the bedrock of Indian Secularism. It is based on the belief that all religions are equally good and efficacious pathways to perfection of God-realisation. Thus, all persons are equally entitled to freedom of religion which is not absolute." Critically examine the above statement with the help of constitutional provisions and relevant case laws.
b). Discuss the procedure for the appointment of judges of the Supreme Court and High Courts and transfer of judges of the High Courts in the light of the decisions of the Supreme Court of India. Also refer to the constitutional provisions.
c). Discuss the purpose, function and use of Articles 256 and 257 of the Constitution of India. Should these provisions be restructured? What are the consequences of the State's defiance of the directives issued under these Articles by the Union?
Answer the following:
a). "Free and fair election is the 'basic structure of our Constitution and it is the 'heartbeat' of democracy." But widespread corruption and increasing criminalisation in the election process have made our democracy weak. Discuss the various efforts undertaken by the Election Commission to ensure free and fair election.
b). "Article 356 of the Constitution contains provisions relating to the justification of imposition of President's Rule' in the State.” Explain the consequences of proclamation of Emergency in a State.
c). Explain the various principles of natural justice with the help of relevant decided cases.
Answer the following:
a). "The provisions of the Directive Principles of State Policy are not enforceable by any court, but they are fundamental in the governance of the country." Critically examine the role of the Government to fulfil the desired objectives enshrined in Part IV of the Constitution.
b). Examine the role of State Legal Services Authority in promoting legal literacy and right of women and children in the State.
c). What is meant by the Doctrine of Separation of Powers? Is strict adherence of the doctrine possible under a parliamentary form of government? Discuss with the help of relevant case laws.
SECTION ‘B’
Answer the following:
a). Discuss the various efforts made towards the codification of International Law during the 20th century.
b). Explain different theories on the relationship between International law and Municipal law.
c). Explain the principle of 'Double Criminality' and the 'Rule of Speciality’ under the international law of extradition.
d). Define 'Double Nationality' and 'Statelessness'. Evaluate the efforts taken to eliminate or reduce them.
e). What is 'Intervention' and on what grounds do the States justify intervention? Explain.
Answer the following:
a). Distinguish whether 'Recognition of States' is an act of policy or of law. Also distinguish between Constitutive and Declaratory theories on the recognition of States.
b). What do you understand by 'State Succession'? Discuss various theories of State succession and explain the rights and obligations arising out of State succession.
c). Explain the main features of the Law of the Sea. What is the difference between the jurisdiction over the 'Territorial Sea' and 'Exclusive Economic Zone'?
Answer the following:
a). Discuss the powers of the Security Council for the maintenance of world peace and security. Has the Veto Power' proved a hindrance in discharge of its duties by the Security Council? Explain.
b). Discuss the United Nations Declaration on the establishment of a New International Economic Order along with the Charter of Economic Rights and Duties of States.
c). "Humanity is in peril in the present world due to terrorism." Suggest ways to protect it in the context of human rights.
Answer the following:
a). Is it a legal duty of States under international law to settle their disputes by peaceful means? Can failure of peaceful means entitle States to use force to settle their disputes? Discuss.
b). Is the threat or the use of 'Nuclear Weapons’ in any circumstances permitted under International Law? Answer the question in the light of the advisory opinion given by the International Court of Justice (ICJ).
c). Discuss the role of the United Nations in protection and improvement of human environment.
Paper-2
SECTION ‘A’
Answer the following:
a). What amounts to 'Legal Insanity' that would entitle an accused for exemption from Criminal Liability?
b). Discuss 'Grave and Sudden Provocation as a defence to charge of murder under IPC, 1860?
c). Explain the concept of Plea-bargaining under the Cr.P.C. 1973. In what cases Plea-bargaining is not available?
d). Discuss the ambit & scope of 'consumer' as defined under the Consumer Protection Act, 2019.
e). What constitutes 'Malicious Prosecution'? How is it different from 'False Imprisonment'?
Answer the following:
a). Has Attempt' been defined anywhere in the IPC, 1860? What are the various tests for determining whether an act amounts to preparation or attempt to commit an offence? Explain with the help of relevant case laws.
b). Differentiate between the following:
(i) "Kidnapping' and 'Abduction
(ii) "Riot' and 'Affray'
(iii)'Criminal Breach of Trust' and 'Dishonest Misappropriation of property'.
c). What are the various kinds of damages' that a plaintiff can avail as a remedy under the law of Torts? Under what circumstances can "prospective damages" be awarded?
Answer the following:
a). From 'Mathura' to 'Nirbhaya and beyond, discuss the development of Rape laws in India 20
b). Explain the liability of Joint Tortfeasors for a wrongful Act. How is it different from the liability of 'Independent Tortfeasors'?
c). In an action for 'Negligence'. What does the plaintiff need to establish in order to allix the civil liability of the defendant? What does it take for the maxim 'res ipsa loquitor' to apply?
Answer the following:
a). Discuss the evolution and development of rules relating to 'No-fault liability in India with help to decided cases’.
b). What are the defences available to an accused in a civil suit for 'defamation'? Explain.
c). Recently there have been changes in Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. Enumerate.
SECTION ‘B’
Answer the following:
a). Minor's contract is 'void ab initio'. Comment.
b). Discuss the constitutionality of Right to Information Act, 2019 in the light of recent judgment by the Supreme Court of India.
c). In legal phraseology "every person who acts for another is not an agent". Comment.
d). India's 40 years old 'Air Act', 1981, languishes in the present circumstances of Air pollution emergency in Delhi – National Capital Region. Comment on the effectiveness of law in the light of judicial and administrative mechanism.
e). With the globalisation of trade, brand names, trade names and trademarks have attained an immense value and therefore it requires an effective trademark law'. Discuss.
Answer the following:
a). What are the various modes in which a contract may be discharged? Explain in the light of decided cases.
b). Dwell on the legality and constitutionality of Section 66A, Information Technology Act, 2000.
c). Write short notes on the following:
(i) Caveat Emptor
(ii) Uberrima fides
(iii) Nemo dat quod non habet
Answer the following:
a). Section & of the Arbitration and Conciliation Act, 1996 denotes a provision which limits judicial intervention in the process of arbitration? Elucidate the statement with support of case law development on the point.
b). No customer in a thousand ever read the conditions. If he had stopped to do so, he would have missed the boat'. Critically examine the contractuality of a standard form of contract in view of the above statement.
c). Discuss the symbiotic relationship between Media Trial and Fair Trial with reference to judicial approach.
Answer the following:
a). Discuss the concept and classification of 'Quasi contracts under Indian Contract Act, 1872.
b). Limited Liability Partnership is an alternative corporate form that gives the benefit of limited Hability of a company and flexibility of a partnership". In the light of the above discuss the chief characteristics of Limited Liability Partnership Act, 2003.
c). How does any factor vitiating free consent affect a contract? Explain.
Paper-1
SECTION ‘A’
Answer the following:
a). The goals specified in the Preamble contain the basic structure of the Constitution, (which cannot be amended under Article 368 of the Constitution. Analyse this statement in the light of leading decided cases.
b). Make a distinction between judicial review and judicial power. Explain the scope of judicial review with reference to the cases arising under the xth Schedule of the Constitution.
c). Analyse the relevance of doctrine of eminent domain under the Constitution of India. Explain the limitations of this doctrine with the help of case law.
d). Enumerate the list of Fundamental Duties as provided in the Constitution of India. What is the rationale of incorporation of Fundamental Duties under the Indian Constitution through the Constitutional (Forty-second Amendment) Act, 1976?
e). What are the various modes of judicial control of delegated legislation?
Answer the following:
a). Attempt the following two parts:
(i) Discuss the powers and functions of the Lokpal and the Lokayukta under the Lokpal and Lokayuktas Act, 2013. How do you think the office of Lokpal is better than other anti-corruption mechanisms?
(ii) Explain the Pardoning Powers of the President. Examine how far the Judicial Review can be exercised over such powers.
b). “Distinction between quasi-judicial and administrative functions is no longer the exclusive criteria for deciding whether or not the rules of Natural justice apply.” Critically examine this statement.
c). With the help of illustrations, discuss and differentiate, co-operative federalism and competitive federalism.
Answer the following:
a). Examine the scope of protective discrimination offered to persons belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes under Articles 15 and 16 of the Constitution of India. Explain with the help of decided cases.
b). An amendment of the Constitution of India for better Union and State relations is due." Comment on this statement and substantiate your recommendations for amendment of specific provisions of the Constitution, if any, on this matter.
c). "Governor's office is sui generis. The Governor in our system does not function as constitutional head for the whole gamut of his responsibilities. There is an important area, though limited and subject to constitutional constraints, within which he acts in the exercise of his discretion.” Examine this statement in the light of Sarkaria Commission Report.
Answer the following:
a). Attempt the following two parts:
(i) Do local bodies enjoy autonomy in performing their role in the field of economic development and social justice? Explain in the light of relevant constitutional provisions.
(ii) Describe the powers and functions of the Union Public Service Commission.
b). “Parliamentary privilege is an essential incident to the high and multifarious functions which the legislature performs.” Discuss. What reforms will you suggest, if any, in the existing position?
c). "While certainly law is important in India, it can't be at the cost of justice." Critically examine this statement in the context of "Curative Writ Petition" in India. Refer to relevant case law.
SECTION ‘B’
Answer the following:
a). What are the various steps involved for concluding an international treaty and bringing it into force?
b). A WTO member country “X” agrees with a non-member country “Y” to reduce the tariff on product “A” to 7 percent. Can the WTO members claim the same tariff level on like product “A” from country “X”? How have the dispute settlement bodies defined the "like product” in Article I-1 of GATT?
c). Discuss the purposes and principles governing the United Nations. What reforms, if any, do you suggest for the UN system?
d). What are the parameters of contentious jurisdiction exercisable by the International Court of Justice?
e). Discuss the status of individuals in International Law especially with reference to human rights treaties.
Answer the following:
a). In resolution 67/19, the United Nations General Assembly decides to accord to Palestine, a non-member observer state status in the United Nations. Explain the importance of the resolution while determining the Statehood of Palestine. Analyse your arguments in the light of various theories of recognition.
b). “Asylum ends where extradition begins.” Comment. Distinguish between territorial asylum and extra-territorial asylum.
c). Do you agree with the view that International law is merely a positive morality? Discuss the nature and scope of International law.
Answer the following:
a). Attempt the following two parts:
(i) Explain the State practices relating to observing International law within the Municipal law.
(ii) Explain the role of arbitration for peaceful settlement of international disputes.
b). Discuss the rights and obligations of Coastal States and other States in the territorial waters and contiguous zone.
c). Explain in detail the anti-dumping provisions under GATT and WTO What are the methods laid down for determination of wantind and material injury” ?
Answer the following:
a). What is the understanding and scope of legal regimes pertaining to International Armed Conflict (IAC) and Non-International Armed Conflict (NIAC) respectively, and what are the thresholds of application of these two regimes?
Illustrate the impact of International Humanitarian Law on the international refugee crisis.
b). treaties Evaluate the main sources of International Environmental Law. Explain and discuss in particular the emergence of “Soft Law” and principles of International Environmental Law and how this has influenced the development of this area of International Law.
c). Write notes on the following:
(i) International Terrorism
(ii) Grounds of Intervention
(iii) Nuclear Non-Proliferation Treaty
Paper-2
SECTION ‘A’
Answer the following:
a). If a person, who voluntarily consumed intoxicating liquor, commits an offence, while under the influence of such intoxication, can he plead 'voluntary intoxication' as a defence? Discuss in the light of relevant provisions of the IPC.
b). If a woman watches or captures the image of another woman engaging in a private act in circumstances where she would usually have the expectation of not being observed by any other person, does that amount to offence of voyeurism' under the Indian Penal Code? Discuss.
c). Is it mandatory to obtain previous sanction for prosecuting a public servant for offences under the Prevention of Corruption Act, 1988? Discuss in the light of relevant provisions and the decisions of the Supreme Court.
d). " 'Public nuisance' does not create a civil cause of action for any person." Comment.
e). "The common cases of vicarious liability relate to servant driving his vehicle in the course of employment." Explain in the light of decided cases.
Answer the following:
a). The definition of 'murder' under Section 300 of the Indian Penal Code is very Vwide. It includes not only both intentional' and 'unintentional' causing of death but also cases where the death is not even 'foreseen'. Explain.
b). "The expression 'measures of damages' means the scale or rule by reference to which the amount of damages is to be recorded and assessed." In the light of the above statement, examine the changing contours of damages as a tortious remedy.
c). Though both Sections 34 and 149 of the Indian Penal Code provide for imposition of constructive criminal liability, there are substantial points of difference between the two. What are they?
Answer the following:
a). Though the 'capital punishment' is not abolished in India, the recent trends show that the Supreme Court, in appeals, is inclined to modify the same and sentence the convict to life imprisonment with further direction that the convict must not be released from prison before he/she actually serves certain specified number of years usually 20, 25 or 30 years. Do you think the Court is justified in issuing such directions? Comment.
b). Critically examine the Consumer Protection Act, 2019 and distinguish it with the Consumer Protection Act, 1986.
c). Privilege' means that a person stands in such relation to the facts of the case that he is justified in saying or writing what would be 'slanderous' or 'libelous' in anyone else." Explain the statement with leading case law.
Answer the following:
a). Unless the ingredients of either ‘theft' or 'extortion' are present, neither the offence of 'robbery' nor the offence of 'dacoity' can be made out. Explain.
b). Mere proof of presence of both ‘actus reus' and 'mens rea' is not sufficient, the concurrence between the two also needs to be established to impose criminal liability. Elucidate in the light of case law.
c). The rule "Crown was not answerable for tort committed by its servant” has never been applied in India. Examine the statement in the light of the decided cases.
SECTION ‘B’
Answer the following:
a). "Like an ordinary paper contract, an electronic contract is also primarily governed by the codified provisions of the Indian Contract Act, 1872 as applicable to contracts in general." Explain the statement highlighting the legal provisions relating to conclusion of electronic contract.
b). Discuss the access and benefit sharing (ABS) law provided under the Biodiversity Conservation Act, 2002 with special reference to adjudication of biodiversity disputes and jurisdiction of the National Green Tribunal.
c). "The Supreme Court of India in public interest litigation cases relating to COVID-19 pandemic adopted a judicial policy of non-interference into the policies of the Government.” Elucidate with the help of decided cases.
d). "A surety is said to be discharged from liability when his liability comes to an end." Throw light on the statement with relevant legal provision under the Indian Contract Act, 1872.
e). According to Anson, "Contract of insurance bears a certain superficial resemblance to wagering agreement but they are really transactions of different nature". Elucidate.
Answer the following:
a). "The grant of patent implies that patentee has a right to exclude others from using the invention.
"Examine the implication of the above statement with relevant provisions of the Patent Act, 1970 and leading judgements.
b). "No court will lend its aid to a man who found his cause of action upon an immoral or illegal act." Are there any exceptions to the above-said rule? Explain.
c). “The parties cannot appeal against an arbitral award as to its merits and the court cannot interfere on its merits.” Critically examine the statement and also explain the highlights of the Arbitration and Conciliation (Amendment) Act, 2019.
Answer the following:
a). "The objective of Section 138 of the Negotiable Instruments Act, 1881 is to promote the efficiency of banking operations and to ensure credibility in transacting business through cheques." Explain the statement with recent amendments.
b). "Laws are geared to protect the right to equitable remuneration but life is beyond the material.” In the light of the above statement, dwell on the dichotomy of economic rights and moral rights under the Copyright Act, 1957 and case law on the point.
c). Discuss the rationale of exemption to disclosure of information endangering life and the information regarding criminal trial and criminal investigation provided under the Right to Information Act, 2005 in the light of decided cases.
Answer the following:
a). "In the course of time, the courts have introduced a number of exceptions in which the rule of privity of contract does not prevent a person from enforcing a contract which has been made for his benefit but without his being a party to it." Explain the statement with the help of leading case law.
b). “The intellectual property right and competition law generally work in tandem but often become friends in disagreement." Elucidate the above statement by referring to the mandate of the TRIPS Agreement, 1995 and its compliance under the Competition Act, 2002.
c). "The Environment (Protection) Act, 1986 is an umbrella legislation to not only protect and improve the environment but to prevent and control of pollution." Comment and analyze.
Paper-1
SECTION ‘A’
Answer the following:
a). Discuss the doctrine of 'Pith and Substance' relating to the distribution of legislative powers between the Centre and the States with the help of landmark judicial decisions.
b). “The purpose of the office of the 'Lokpal, is not to adjudicate, but to provide regular machinery for investigating grievances against the administration in a discrete and informal manner.” Critically examine this statement by providing proper justification of the office of the 'Lokpal' in India.
c). Audi alteram partem', rule is a very flexible, malleable and adaptable concept of natural justice to adjust the need for speed and obligation to act fairly.” Examine the statement with the help of decided case law.
d). The issue of Parliamentary privileges has been a bone of contention lond conflict between the Parliament and the Judiciary.” Analyse this statement in the backdrop of decided cases.
e). Right to Privacy is protected as an intrinsic part of life and personal liberty enshrined under Article 21 of the Constitution of India.” Elucidate this statement in the light of the decision of Justice K.S. Puttaswamy (Retd.) v. Union of India.
Answer the following:
a). Attempt the following two parts:
(i) Give an overview of the growth of the Tribunals in India with special reference to Administrative Tribunals established under the (Administrative Tribunal Act.
(ii) "Revival of the Panchayati Raj system in India is an aid to reduce the workload on the Judiciary.” Comment.
b). "Power of the Parliament to amend the Constitution is wide, but not unlimited.” Do you agree with this statement? Discuss whether the doctrine of basic structure has reinforced the power of judicial review under the Constitution.
c). Examine the nature of the powers of the High Courts under Article 226 of the Constitution of India and distinguish it from the powers of the Supreme Court under Article 32.
Answer the following:
a). While conferring the power of delegated legislation on the administration, the enabling Act may specify the procedural safeguards to be followed in the exercise of the power. What are the consequences of non-compliance with the requirements as laid down in the Act? Discuss with the help of decided cases.
b). The Election Commission of India is an autonomous constitutional authority responsible for administering the election process in India." comment by explaining the powers and functions of the Election Commission of India.
c). "India that is Bharat. shall be a Union of States." Explain. Do you that the Indian Constitution is a Federal Constitution? Discuss with the help of decided cases.
Answer the following:
a). What do you mean by the term “Rule of Law'? The basic element of Dicey's doctrine of the rule of law is, be you ever so high, the law is above you'. Discuss with the help of decided cases. Explain this statement and also distinguish the term “freedom of speech and expression” and “speech and expression.”
b). Discuss the Ordinance making power of the President. Can the validity of an Ordinance be challenged in the Court of Law? Cite relevant case law.
c). Examine and explain the following statements:
(i) Public Interest Litigation is a tool to promote politics of the Judiciary.
(ii) Judicial Activism has both positive and negative impact on the Judiciary.
SECTION ‘B’
Answer the following:
a). "International Law is the vanishing point of Jurisprudence." Explain.
b). What do you mean by State-Recognition? What are the legal effects of recognition ? Differentiate between de-facto and de-jure recognition.
c). What are the rules of International Law governing the lawful use of force by the States in the exercise of their inherent right of self-defence ?
d). What is the difference between International Humanitarian Law and International Human Rights Law?
e). Discuss in brief, the various modes of peaceful settlement of international disputes. Do you think that these modes of settlement are effective or is any other mode required in the present scenario?
Answer the following:
a). What are the various theories prevalent for deciding the relationship between International Law and Domestic Law? How do the National Courts in India apply the International Law?
b). Briefly explain the following:
(i) Doctrine of Innocent Passage
(ii) Exclusive Economic Zone and the rights of other States thereto
c). “The effectiveness of the International Criminal Court depends on the degree of co-operation provided by the States. This co-operation concerns not only the State-party to the International Criminal Court but also the non-party State.” Discuss.
Answer the following:
a). What do you understand by territorial jurisdiction of States? Do you agree with the view that the Right to Seek Asylum is firmly established under International Human Rights Law? If so, substantiate your answer with reasons.
b). Examine the extent and limits to which a treaty can confer rights and impose obligations on the third State which is not party to the treaty
c). “United Nations is designated as the foremost forum to address the issues that transcend the national boundaries, which cannot be resolved by a country alone.” In the light of this statement, discuss the functions of the General Assembly.
Answer the following:
a). Write critical notes on the following:
(i) International efforts towards protection and improvement of the human environment
(ii) State-sponsored terrorism
b). Discuss the main provisions of the Comprehensive Nuclear Test Ban Treaty (CTBT). Also explain the reasons why India has not signed this treaty.
c). Explain the historical evolution, objectives and main principles of the General Agreement on Tariffs and Trade (GATT).
Paper-2
SECTION ‘A’
Answer the following:
a). Even without mens rea there are certain acts, which are offences under the Indian Penal Code, 1860. Enumerate such offences.
b). Right to private defence under the Indian Penal Code, 1860 is available only to an innocent person. It is not a right to retribution. Analyze.
c). "Act done by me against my will, is not my act.” Examine in the light of legal provisions of the Indian Penal Code, 1860.
d). "Pigeonhole theory' in the law of tort holds no justification now." Critically examine.
e). “E-commerce has adversely affected the consumer protection in India.” Elucidate the statement.
Answer the following:
a). "Any interference with a plaintiff's property may cause personal discomfort to the plaintiff in enjoyment of the property." Critically examine the statement with the help of decided cases.
b). "Recent judicial decisions of the courts have changed the spirit of Section 498 A of the Indian Penal Code, 1860.” Explain the statement with the help of judicial pronouncements.
c). "every culpable homicide and murder is necessarily a hurt, but every hurt is a culpable homicide and murder." Elucidate.
Answer the following:
a). A attempts to steal some jewels by breaking open a box belonging to B and finds, thereafter so opening the box, that there is no jewel in it, but A simultaneously puts Rs.100 currency note in the box, which was already stolen by A from C. Decide as to what offence(s) is/are committed by A.
b). The basic spirit of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which was diluted by the judiciary in Kashinath Mahajan's case, has been restored by the legislature recently. Examine critically.
c). "Ascertainment of causation is a problem, when the events causing damage to plaintiff are not simultaneous but successive." Elaborate it with the help of decided cases under the law of tort.
Answer the following:
a). “A goldsmith putting earring to woman's ear does not require as much care as a surgeon performing surgery on the ear of woman.” Elaborate the law relating to degree of care required under the law of tort.
b). Mere physical boundaries are not the essential requirement to constitute the tort of 'false imprisonment', but psychological boundaries too are enough ir this regard. Critically examine
c). "Imputation of unchastity against a woman by spoken words is a wrong actionable without proof of special damage.” Examine under the law of tort.
SECTION ‘B’
Answer the following:
a). "The law of contracts is not the whole law of agreements, nor it is the whole law of/obligations, but it also deals with the rights and obligations of both." Elucidate.
b). "The dissolution of partnership is the dissolution of a partnership firm, but the dissolution of a partnership firm is not the dissolution of partnership." Elucidate with the help of legal provisions and cases.
c). “Public interest litigation is not the pill of all ills; it is the boon of the courts. However, it is also the duty of the court to prevent its misuse." Elucidate.
d). "Contract of agency is revocable like an ordinary contract, but sometimes it is impossible to repudiate it." Analyze with the help of decided cases and relevant provisions.
e). "Pragmatic regime of right to information for citizens is the key to good governance in India, but it is not being implemented in its original spirit.” Examine it in the light of decision of the Supreme Court of India in Anjali Bhardwaj vs. Union of India, February 2019.
Answer the following:
a). “Discharge of a contract includes breach of contract, but breach of a contract does not necessarily include discharge of contract." Examine the statement with suitable illustrations.
b). “The National Green Tribunal, which was established for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources, has played a pivotal role in the recent past in this regard.” Examine the statement with reference to pronouncements given by the National Green Tribunal.
c). Ascertainment of jurisdiction is a big challenge under the cyber law. Elaborate the relevant legal provisions of the Information Technology Act along with various tests applied by the Indian courts.
Answer the following:
a). “The principle of unjust enrichment finds place indirectly under the law of contract." Explain its various dimensions.
b). "Alternative dispute resolution mechanism as provided under the Legal Services Authorities Act, 1987 has played a pivotal role in dispensation of justice to the needy persons.” Explain with the help of legal provisions and case law.
c). “Parties to the contract of sale may reduce or enhance the risk relating to passing of property." Elucidate its various dimensions under the law of sale of goods.
Answer the following:
a). “In the present time, there is a conflict between the right to access to knowledge and the copyright law." Explain the statement in the light of doctrine of fair dealing under the copyright law.
b). "Approximate justice with finality by the way of arbitration is against the basic principle of administration of justice in the courts." Examine the statement in the light of latest developments of alternative dispute resolution system in India.
c). "The basic purpose of competition policy and the law is to preserve and promote competition as a means of ensuring efficient allocation of resources in an economy.” Elucidate the statement in the light of new economic scenario in India.
Paper-1
SECTION ‘A’
Answer the following:
a). What do you understand by the terms „cooperative federalism‟ and „competitive federalism‟? Do you agree with the view that the Indian Constitution is based on the concept of „competitive federalism‟ and not on the concept of „cooperative federalism‟?
b). Administrative powers/actions are not always in conflict with the „rule of law‟ principle. Discuss with illustration.
c). Critically evaluate the changing dimensions of the concept of „State‟ under Article 12 of the Constitution of India.
d). “Natural justice is not a made to order formula which has to be fitted to all situations with an iron-bound uniformity.” – Comment. Refer to case laws.
e). “With the adoption of Parliamentary form of government, the vesting clause under Article 53(1) remains to a great extent meaningless, as real executive power lies in the Ministry.” Critically examine the above statement in the context of the status and position of the President of India under the Indian constitution. Also answer, if the President of India does not accept the advice of the Prime Minister, what consequences would follow.
Answer the following:
a). Examine the concept of social justice as envisaged in the Constitution, more particularly in Chapter IV of the Constitution.
b). What are the constitutional safeguards available in a civil servant against dismissal, removal or reduction in rank of services? Are these rights also available to an employee of a public corporation Discuss with reference to statutory provisions and case law.
c). What would be best way or method for the appointment of judges in High Court and the Supreme Court in India? Give your views and support your views with reasons.
Answer the following:
a). What are the major challenges in the functioning of local bodies in India? Does it talk about success story or something else?
b). Is the Governor's post dependent on the pleasure of the President? Discuss. What exactly constitutes the „discretion‟ of the Governor while exercising numerous powers? Explain with reference to statutory provisions and relevant case law.
c). Discuss the constitutionality of delegated legislation. What are the limits of delegated legislation? Explain.
Answer the following:
a). “The liberty of the press implicit in the freedom of speech stands on no higher footing than the freedom of speech and expression of a citizen, and no privilege is attached to the press as such distinct from the ordinary citizen.” Explain this statement and also distinguish the term „freedom of speech and expression and „speech and expression. ‟
b). “Imposition of Emergency in a State under Article 356 has always been a matter of controversy.” In this backdrop, explain the consequences of proclamation of Emergency in a State.
c). Under what circumstances, does a third party, apart from concerned parties, have locus standi to move writ petitions before the High Court or the Supreme Court in India? Also point out the limitations of such petitions.
SECTION ‘B’
Answer the following:
a). Explain the distinctions between traditional and modern definitions of international law. Critically examine the growing scope and importance of international law in the present context.
b). “Where Extradition begins Asylum ends. “Critically examine the above statement with special reference to extraditable persons and extradition crimes.
c). It is generally viewed that “Rights and Duties are correlative”. However, the International Human Rights Movement has developed, more as rights-oriented than duties oriented. Why has this happened? Explain with the help of various International Human Rights instruments. Can you think of a „Human Duty Movement‟ instead of a „Human Rights Movement‟?
d). Define „International Treaty‟ and explain the growing importance of treaties in Modern International Law. Can a multilateral treaty be terminated? If so, on what grounds? Explain.
e). Do you agree with the statement that „the Globalization is a necessary evil”? Critically examine the implications of the reform process undertaken by the IMS and IBBD by way of structural adjustment, programmes and policies on developing countries, with special reference to India.
Answer the following:
a). “Continental Shelf was regarded as the natural prolongation of the land mass of the coastal state.” Critically examine the Delimitation of the Continental Shelf with the help of relevant case law of the International Court of Justice (ICI).
b). Define International Dispute. Explain the difference between peaceful settlement of disputes and compulsive settlement of disputes. Critically examine the growing importance of ADR methods in International Dispute settlement.
c). “Membership of the Security Council is not democratic mainly because of its power. In view of that, the U.N Security Council should be expanded and should give more membership to other countries reflecting the demographic composition of the community of nations.” Explain.
Answer the following:
a). Describe the mechanisms for structural anomalies of autosomes with diagrams.
b). Describe the principles of radiocarbon dating. Mention its limitations.
c). Narrate evolution of disease and major causes of ill health in human populations.
Answer the following:
a). “International law is primarily concerned with Rights, Duties and Interests of States.” Critically examine the statement with reference to the place of Individuals and Non-State entitles in International law.
b). Do you agree with the statement that “Beginning with the Stockholm Declaration of 1972, there has been an increased reliance upon non-binding international instruments dealing with environment”? Why has this trend developed and have these instruments been more useful than treaties? Explain.
c). It is generally viewed that “What the U.N. did in the 20th century for maintenance of peace and security, the W.T.O is going to play the same role on economic and trade relations in 21st century.” Discuss the above statement in view of the changing notion of political sovereignty to economic sovereignty of State.
Paper-2
SECTION ‘A’
Answer the following:
a). Whether the maxim “actus non facit reum nisi mens sit rea‟ in general and the Common Law doctrine of “mens rea‟ as an independent doctrine in particular are relevant in the interpretation of provisions of the Indian Penal Code?” Explain the above in the light of justice opinions and judicial pronouncements.
b). Critically examine the development of the law relating to remoteness of damages. Which test do you prefer for deciding the question of remoteness of damages and why? Give reasons for your answer.
c). In view of the consistent opinion rendered in Aruna Shanbaug case and also considering the socio-legal medical and constitutional significance of Euthanasia, do you consider that the view expressed by the Constitutional Bench of Supreme Court in Common Cause (Architecture Regd. Society) vs. Union of India (2018) is conclusive? Common critically.
d). “The paramount task of the law of torts is to pay an important regulatory role in the adjustment of losses and eventuate allocation of their cost and that until the emergence of the welfare state, the law of torts provided the only source for alternating the plight of the injured.” In the light of the above statement, discuss the nature and scope of law of torts and substantiate your answer with leading case law. Also discuss the position in India.
e). “Right of private defence to the extent of causing death of an assailant cannot be based on the surmises and speculation. The accused must be under a bonafide fear of death or grievous hurt would otherwise be the consequence of the assault, if he does not defend. To determine the existence of apprehension is always a question of fact.” Explain the above proposition in the light of existing legal provisions and judicial decisions.
Answer the following:
a). “Section 300 (4) of the Indian Penal Code will be applicable in cases where the knowledge of the offender as to the probability of death of a person approximates to practical certainty.” Illustrate the above statement.
b). Explain the maxim “volenti non fit injuria‟. Is the knowledge of risk not the same thing as consent to suffer the risk? Support your answer with judicial pronouncement.
c). A group of persons decided to act in concert with common intention to commit rape on victim (V). More than one person from the group, in furtherance of common intention, acted in concert in the commission of rape as per pre-arranged plan. One lady member of the group facilitated the commission of such rape by many persons of the group. The essence of liability in such situation being the existence of common intention. Decide the criminal liability of the following members of the group
(i) Who were members of the plan but did not participate in the act
(ii) Who committed rape
(iii) The sole lady member who lend full facilities for the commission of rape.
Answer the following:
a). Six people decided to carry out dacoity of a bank in a village. They went to the bank to commit it, but were intercepted by police. All of them ran away. While the police were chasing them, one of the dacoits (X) killed Mr.Y. who tried to obstruct his way. Decide liability for the murder committed by one of them in view of Sections 391 and 396 of the Indian Penal Code.
b). “A master is liable for all acts of his servant done during the course of employment.” Explain it in general and from Indian perspective in particular.
c). Corruption by public servants has become a gigantic problem. Large scale corruption retards the nation-building activities and everyone has to suffer on their count. The efficiency of public servant would improve only when the public servant does his duty truthfully and honestly. Therefore, in such cases, it is difficult to accept any plea of leniency in sentence (State of MP Vs.Shambhu Dayal Nagar (2006) 8 SCC 693). Comment.
Answer the following:
a). “Plea bargaining in India is the truncated one, as it is applicable to sentence only and not to the charge. Equally it is a court-monitored procedure, except that it provides a clause related to compensation to the victim.” Critically analyse the retention of such provision in the Indian Criminal Justice dispensation. Also suggest reforms, if any you understand are necessary.
b). “Rule of absolute liability has been expounded by the apex court in M.C.Mehta‟s vs Union of India.” How far is it a reform over the rule of strict liability? Comment.
c). “For fixing criminal liability of a doctor under Section 304-A of the Indian Penal Code, it is necessary to prove that the act complained against the doctor must show such rashness or negligence of such higher degree as to indicate mental state which can be described as totally apathetic towards patient. Such gross negligence alone is punishable.” In the light of the latest judicial pronouncement, explain the above statement.
SECTION ‘B’
Answer the following:
a). If certain goods are displayed either in a show window or inside the shop and such goods bear price tags, discuss whether such display amounts to an offer to sell. Explain the distinction between offer and invitation to offer with the help of decided cases.
b). In an action to avoid a contract on the ground of undue influence, the plaintiff has to prove two points. Explain those points and different kinds of relations leading to presumption of undue influence which vitiates free consent.
c). Section 28 of the Indian Contract Act, 1872 makes agreements in restraint of legal proceedings void. Are there any exceptions to this rule? Discuss with the help of relevant provisions and decided cases.
d). Public Interest Litigation (PIL) in India, of late has been used not only to represent the unrepresented and weak but also to advance the interest of others. Comment on the recent trends relating to the application, use and misuse of PIL in India.
e). In spite of introduction and recognition of Technological Protection Measures (TPMSs), the digital copyright continues to be unsafe and unsecured. Explain the impact of the 2012 Amendments to the Copyright Act, 1957 on the protection of digital copyright in India.
Answer the following:
a). “It is well settled that if and when there is frustration, the dissolution of the contract occurs automatically. It does not depend on the choice or election of either party. It depends on the effect of what has actually happened on the possibility of performing the contract." Discuss the effects of frustration of contract.
b). “If a person falsely represents that he is an agent of another, the principal may ratify the act even though the same was done without his authority.” Discuss, in the light of the above statement, the essentials of valid ratification and its effect.
c). "Sustainable development‟ has been accepted as a balancing concept between ecology and development. Discuss the recognition and application of this principle under the laws relating to environmental protection in India.
Answer the following:
a). If an officer with an intelligence of the Government receives a cheque for consideration on the basis of an agreement to pass on intelligence inputs, can such cheque be enforceable under Section 138 of the Negotiable Instruments Act, 1881? Discuss the scope of the legally enforceable liability of the drawer under Sections 138 and 139 of the Act.
b). “E-governance represents a new form of governance which needs dynamic laws, keeping pace with the technological advancement.” Comment on the adequacy of the Information Technology Act, 2000 in ensuring effective E-governance in India.
c). Even though Section 89 of the Code of Civil Procedure, 1908 provides for out of court settlement of civil disputes filed in a civil, the impact of such settlement through Alternative Dispute Resolution (ADR) appears to be poor. Analyse the reasons for failure to settle the disputes through ADR modes.
Answer the following:
a). The courts have found it very difficult to come to the rescue of the weaker party to a standard form contract, and thus evolved certain modes to protect such weaker parties against the possibility of exploitation inherent in such contracts. Explain the modes of protection available to weaker party in a standard form contract.
b). Trial by media appears to be an affront to the concept of free and fair trial in criminal cases, apart from being a kind of contempt of court in certain cases. Analysis the impact of trial by media on the administration of criminal justice in general and on the stakeholders in particular.
c). “Mahatma Gandhi, the Father of Nation, observed that the meaning of real freedom is not to acquire authority by few but to acquire the capacity to question the abuse of such authority.”
Examine, in the light of the above statement, the obligations of the public authorities and explain whether they have discharged it effectively during the last seven decades.
Paper-1
SECTION ‘A’
Answer the following:
a). Discuss the importance of Rights to life and personal liberty with reference to recent case laws.
b). Is ‘Secularism’ an essential feature of the Constitution of India? Explain in the light of decided case laws.
c). Elucidate the scope of the appellate jurisdiction of the Supreme Court of India under the constitution with regard to Criminal matters.
d). Explain the phenomenon of tribunalisation of justice in India.
e). Briefly explain the grounds on which administrative actions can be subjected to judicial review.
Answer the following:
a). What is the position of Governor in State? Examine the Pardoning Powers of the Governor under the Constitution. Is Pardoning power, subject to judicial review?
b). In view of the importance of Panchayati Raj institution in local governance, do you think the idea of prescribing educational qualification to contest local body election is undemocratic and incoherent?
c). Explain the significance of the rule of ‘AUDIALTERSMPSRTEM’ in administrative decision making and state the circumstances under which ‘post decisional hearing’ can effectively satisfy the mandate of natural justice.
Answer the following:
a). Evaluate the constitutional provisions relating to administrative relations between the Union and the state with special emphasis on inter-governmental delegation of administrative power.
b). Discuss the law relating to the powers of Parliament and State Legislatures to punish a person for breach of their privileges.
c). Discuss the circumstances under which ‘Financial Emergency’ can be proclaimed by the President of India and effects thereof.
Answer the following:
a). Examine the powers and role of Election Commission of India in conducting free and fair election.
b). Do you think the current trends in judicial activism in India are inconsistent with the Principles of Separation of Powers, which is considered to be one of the basis features of the Constitution?
c). Do you think the institution of Lokpal, as envisaged under the Lokpal and Lokayukta Act, 2013, is efficacious enough to curb corruption in India? State the inadequacies in the legislative framework, if any.
SECTION ‘B’
Answer the following:
a). What are the theories relating to the relationship between International Law and Municipal Law? Elaborate.
b). What are the factors that govern the recognition of insurgency and belligerency?
c). Does the International Court of Justice (ICJ) have the competence to determine its own jurisdiction? Discuss with case law.
d). Define ‘hijacking’ and discuss the main provisions of the Hague Convention,1970.
e). Comment on the provisions relating to prohibition of use of force and exceptions thereto under the U.N. Charter,1945.
Answer the following:
a). Define ‘high seas’. Discuss in brief the provisions of the convention on high seas. Is freedom of fishing on high seas recognized?
b). The Dispute Settlement Body (DSB) of the World Trade Organization (WTO) is playing an important role in maintaining the stability of the global economy. Comment.
c). Enumerate the various methods of Peaceful Settlement of International disputes. Elaborate on judicial settlement.
Answer the following:
a). What do you mean by Human Environment? Discuss the role of United Nations Organisation (UNO) in protecting and improving the human environment.
b). Define ‘Nationality’. What are the modes of acquisition and loss of nationality? What is the position of nationality of married woman?
c). Discuss the provisions relating to amendment and modification of treaties under the Vienna Convention on Law of Treaties, 1969.
Answer the following:
a). Explain the main provisions of the Treaty on the Prohibition of Nuclear Weapons, 2017.Do you think it can lead to complete elimination of nuclear weapons?
b). Discuss the scope of the right of asylum under International Law and explain ‘territorial’ and ‘extra-territorial’ asylum.
c). Elucidate the fundamental principles of International Humanitarian Law as envisaged under International Conventions.
Paper-2
SECTION ‘A’
Answer the following:
a). “Law recognizes that ‘mistake’ must be in good faith.” In this backdrop, explain the defence of ‘mistake’ contained under General Exceptions of the Penal Code.
b). In all robbery, there is either theft or extortion. Explain.
c). “Law of torts is said to be a development of the maxim ‘Ubi jus ibi remedium’.” Discuss the statement.
d). Explain ‘necessity’ as a defence for the liability of tort and also mention the classes of necessity.
e). “The object of the Protection of Civil Rights Act, 1955 is to abolish untouchability.” Discuss.
Answer the following:
a). “Section 34 is incorporated in the Indian Penal Code to deal with the cases where it is very difficult to distinguish precisely the part taken by each individual in criminal act.”
b). Discuss the different forms to outrage the modesty of a woman which have been made punishable in the Indian Penal Code through the Criminal Law (Amendment) Act,2013.
c). When, under the law of torts even using reasonable care, is a person liable for the tort of negligence? Discuss.
Answer the following:
a). “There is a very thin but fine and subtle distinction between culpable homicide and murder. The difference lies merely in the different degrees of probability of death ensuing.” Discuss the statement and refer to decided cases.
b). When is the principal not liable for the torts committed by his servant? Discuss.
c). Mention the defences of torts of defamation and also discuss whether exceptions given under the Indian Penal Code, 1860 for the offence of defamation may be claimed as additional grounds by the defendant.
Answer the following:
a). “Consumer Protection Council also plays a very important role in consumer protection.” Examine the statement and elaborate the objects, composition and functions of the Central, State and District Consumer Councils.
b). “In order to constitute criminal attempt, the act caused must be proximate to the intended result.” Explain the observation with the help of decided case law.
c). Explaining the concept of ‘no liability’, mention the Indian Acts in which this concept has been incorporated.
SECTION ‘B’
Answer the following:
a). “Minority can only be claimed as a shield but not as a sword.” Explain the statement and mention the situations when a minor is liable under the law of contract.
b). “Public policy is like an ‘unruly horse’ which cannot be controlled easily." Explain the statement and mention the agreements which are against public policy.
c). “Right to stoppage of goods in transit starts when right to lien ends”. Discuss.
d). Discuss the various defences which can be pleaded by the defendant in an action for infringement of copyright under the Copyright Act, 1957.
e). When does the infringement of trademark occur? Discuss the essentials of infringement of trademark. Write down the acts not constituting infringement of registered trademark.
Answer the following:
a). Discuss the constitution, jurisdiction, powers and authority of the National Green Tribunal. How far has it been successful in achieving its objectives? Explain with the help of recent cases
b). “Revocation of proposal is death of the proposal.” Explain the statement and mention the manners of revocation.
c). Explain ‘holder’ and ‘holder’ in due course’, and distinguish between the two. Also discuss their rights.
Answer the following:
a). “Section 74 of the Indian Contract Act, 1872 has cut down the most troublesome knot of common law doctrine of awarding damages." Discuss the statement.
b). “Public interest litigation has played a very crucial role in protection of environment in India.” Elucidate and illustrate with the help of decided cases.
c). “Notwithstanding transparency of governance, certain information’s have been exempted from disclosure under the rights to information Act, 2005.” Discuss the relevant provisions and limitations on disclosure of information.
Answer the following:
a). Under the Indian Contract Act, 1872, when is a contract deemed to be entered into by the parties? Discuss.
b). “An invention has to satisfy certain conditions in order to get a patent." Examine critically the statement.
c). How far is the Competition Act, 2002 an improvement over the monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act, 1969) with respect to ‘abuse of dominant position? Discuss and explain the relevant statutory provisions.
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