Exam Details

Subject law
Paper paper 3
Exam / Course ugc net national eligibility test
Department
Organization university grants commission
Position
Exam Date June, 2009
City, State ,


Question Paper

Extreme poverty impedes social and economic development and threatens the rule of law and social fabric of any society. If poverty is recognised as a violation of human "rights, it is possible that the Judiciary may be empowered to intervene, when situations of poverty are consequences of failures in governance. Active and sustained involvement of civil society is necessary for tackling any social problem, including poverty. If poverty is recognised as a human rights issue both domestic and international civil society would need to take an active part in promoting it as such, and in resisting any policy that loses sight of the need to constantly keep poverty in check. The human rights activism that is typically generated through the work of civil actors can be useful for the various departments of governments that engage in formulating and implementing policies relating to fighting poverty. A human rights approach creates an empowering dimension in the work of civil society in ensuring transparency of the government. Poverty recognised only as an economic and public policy issue invites official responses from government bodies. But the human rights aspects of the discussion will receive a wider community of responses. This empowering dimension of the human rights discourse is useful in sustaining poverty-free governance as a basic principle of administration.
When poverty is recognised as a human rights issue, it is possible to achieve political consensus on the ways and means of fighting it. Further it can ensure that objectivity is maintained in the implementation of policies relating to fighting poverty so that resource allocation and targetting of the areas and people who are suffering from extreme poverty is not based on any biases or prejudices. This is important as it is possible that the resources that are allocated to fight poverty may not reach the true and deserving beneficiaries, because of corruption or other abuse of power. To avoid this problem the recognition of poverty as a human rights issue broadens the scope for engagement, and political consensus can be developed to ensure that violations are uniformly recognised, without any form of discrimination maintaining political consensus on issues relating to poverty can then in time result in the broader application of internationally developed good governance principles.

1. Under what circumstances, failure in governance create situations of poverty in the society

2. Whether poverty could be recognised as a human rights issue Support your answer.

3. What is human right activism

4. State the reasons why the resources that are allocated to fight poverty mostly do not reach to deserving beneficiaries.

5. How the various human rights could be effectuated in a developing country like India

6. "The law declared by the Supreme court of India shall be binding on all courts within the territory of India". Discuss.

7. "What is prohibited is hostile discrimination and not reasonable classification". Comment.

8. Is the purpose of Lokpal is to adjudicate

9. Write an essay on "positive morality".

10. Examine why law has failed to achieve Social Control

11. Explain the principle of Joint liability on account of criminal acts done by several persons in furtherance of common intention.

12.
Is section 309 of Indian Penal Code is constitutional ÄÿÊ ÷Ê/UÃËÿ Œá«U ‚¥Á„ÃÊ .§Ë œÊ/UÊ 309 ‚¥.ÒœÊÁŸ.§ „Ò?

13.
Critically evaluate the concept of Environmental Impact assessment.

14. Examine the non-state Actors in the development of International Law.

15. Discuss the necessity and justification for mandatory registration of Marriage in India.

16. "Polygamy" under Muslim Law is not a general rule but an exception". Discuss.

17. What are group rights How they are protected

18. Explain the valid defences to nuisance.

19. Discuss legal role of directors particularly in context of statutory disclosures they are legally obliged to make.

20. Explain statutory right of transferee of a partner's interest.

21. "Distribution of legislative power's between the Union and the states has been heavily tilted in favour of the Union." Explain

22. 'The reservation policy adopted in India in the last five and half decades has failed to promote Social Justice." Critically examine this statement and suggest measures to protect the interest of socially, educationally and economically backward class of people.

23. "The Supreme Court in Maneka Gandhi's case has revolutionised the law relating to personal liberty under Article 21 of the constitution Explain its new dimension.

24. "The doctrine of basic structure has established the Judicial supremacy in the area of constitutional amendment". Examine.
25. In the context of Judicial activism evaluate the contribution of the Supreme Court of India, with the help of decided cases.

21. 'Rule of Law' demands that law should be able to control numerous wide discretionary powers. Explain.

22. "Though administrative discretion has a value of its own, but it is a ruthless master also". Discuss.

23. "No one shall be a Judge in his own cause" Explain the statement with illustration.

24. Express the purpose of the writ of certiorari.

25. Write about the composition and functions of Lokayukta in India.

21. "Law is related to Justice, reason, human nature and ethics" Explain.

22. Define Law and morality and explain the relationship between them.
23. Define and explain various kinds of ownership.

24. According to Kecton, 'Ratio decidendi of a decision is a principle of law formulated by the judge for the purpose of deciding the problem' Discuss.

25. Explain Hohfeld's classification of jural correlatives and jural opposites.

21. What is theft Immovable property when becomes subject of theft What is the difference between a 'theft in
22. What is the role of 'mens rea' in the commission of crime Is it applicable under the Indian Penal Code

23. Define the offence of 'Adultery' and 'Bigamy'. Are you in favour of any amendment in the definition of these offences or not Give answer with reasons.

24. "Mistake is not mere forgetfulness" Discuss mistake in the light of this statement and explain also the difference between mistake of fact and mistake of law.

25. On what grounds a person is said to make a false document What offence does he commit thereby When does men's signature of his own name amount to forgery


21.
Examine the salient features of the Environment (Protection) Act, 1986.
22.
What is the importance of 'Forests' and 'Wild life' in protecting environment.


23. Elucidate the directions of the Supreme Court with regard to environmental education.

24. Examine the legislative and Judicial measures for management of Hazardous wastes.

25. Explain economic perspective of environmental protection.

21. "The distinction between National law and International law is blurring gradually" ­Explain.

22. "The traditional concept of sovereignty is no more relevant" Comment.

23. Define ASYLUM. Distinguish between Asylum and extradition

24. Examine the role of the General Assembly in the maintenance of International Peace and Security.

25. Evaluate the role of the WTO. «UéÀÿÍ.˜UË.•Ê.. .§Ë ÷ÍÁ..§Ê .§Ê .ÍÀÿÊ¥.§Ÿ .§ËÁ¡ÿ.-


21. Discuss the grounds on which marriages between Hindus are prohibited.

22. Discuss with the help of recent cases the Muslim divorced wife's right to maintenance under the Muslim Women (Protection of Rights on Divorce) Act 1986.

23. Discuss whether abortion by the wife without the consent of her husband is a ground for dissolution of marriage.

24. Discuss the changing of concept of cruelty as a ground of matrimonial Remedies under Hindu law. Refer to recent cases.

25. Whether the Supreme Court of India can direct to Government of India to implement the Article 44 of the constitution? Refer to recent cases.

21. Evaluate various International Conventions on Human Rights.

22. Explain the concept of Socio-Economic rights enshrined under the Indian Constitution.

23. Examine various measures taken globally to protect the right against torture.

24. Critically evaluate the areas where Women's Human Rights are violated. Give a brief account of the role of Supreme Court of India in protecting women's right to dignity and privacy

25. Are you satisfied with the teeth provided to the National Human Rights Commission in protecting the Human Rights in India?

21. Does Tort law make a distinction between infringement of different kinds of rights? Give reasons for your answer?

22. ''Allocation of responsibilities and adjustment of losses is done to achieve a sense of fairness in determination of tortious liability". Comment

23. Distinguish between Public and Private Nuisance?

24. Examine the basis of Strict Liability

25. Explain the need for a separate legal regime for consumer protection.

21. Critically examine legal position of directors under of the Companies Act, nominee directors, independent directors, Government directors and directors appointed by the court, in context of corporate governance.

22. Distinguish between sale and agreement to sale, explaining legal position of parties relating to sale, particularly in context of breach and remedies.

23. Critically appreciate concepts of property and agency under statutory provisions and judicial dicta relating to domain of law of partnership.

24. Discuss object, scope and implication of doctrine of ultra vires applied to companies. Should India scrap the doctrine as England has done? Give reasons for your answer.

25. Examine rights, liabilities and remedies of various persons under the negotiable instruments Act.

26. Social engineering and the constitution of India.

27. The need for democratisation of the United Nation.

28. Lip Service of law to make companies socially responsible through good corporate governance

29. Welfare and custody of child in divorce cases

30.Desirability or otherwise of decriminalising offences of Homosexuality, Attempt to commit suicide and consumption of Narcotic Drugs.


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