PAPER-III

LAW
Signature and Name of Invigilator

Note This paper is of two hundred marks containing four sections. Candidates are required to attempt the questions contained in these sections according to the detailed instructions given therein.

Note This section consists of two essay type questions of twenty marks each, to be answered in about five hundred words each. ×
20 40 Marks)

Impact of Media Trial in Society.

Need for a strong institution of Lokpal in India.

'Role of Directive Principles of State Policy in ensuring social and economic justice.'

'Right to Information and Administrative Transparency.'

'Justificaton in respect of vicarious liability in criminal matters.'

'Achievements of the Cancun Summit on the climate change.'

'The status of Refugees in International Law.'

'Irretrievable breakdown of marriage.'

Role of National Human Rights Commission in promotion of human rights education and awareness.

'Retrenchment as a mode of termination of service.'

Factual problems and legal solutions by judicial process under the Partnership Act.

SECTION II


Note This section contains three questions from each of the electives/specializations. The candidate has to choose only one elective/specialization and answer all the three questions contained therein. Each question carries fifteen marks and is to be answered in about three hundred words. ×
15 45 Marks)

12. In the light of the decision of the Supreme Court in Keshavnand Bharati V. State of Kerala, examine the Amending Power of the Parliament provided under Article 368 of the Constitution of India.

13. 'The Supreme Court of India's decision in T.N. Seshan V. Union of India has brought out a new approach towards the functioning of Election Commission of India.'
Comment.

14. Examine the distribution of legislative powers between the Union and the States ensured under the Constitution of India.

15. On what grounds judicial review of administrative action can be exercised What are the conditions for the grant of quo-warranto by the court

16. Explain the doctrine of with the help of decided cases.

17. Define Administrative Law and distinguish it from Constitutional Law.

18. Critically examine Austin's Theory of Law.

19. Differentiate between

(a)Artificial person and Natural person

(b)Possession and ownership

20. Explain the 'Doctrine of precedent' as developed by Indian Judiciary.

Elective IV ×¾ÖÛú»¯Ö IV
Criminal Law

21. An offence of abetment is committed if the person helps the offender in screening of the crime after its commission. Discuss.

22. Explain the doctrine 'Nemo Debet-Proeadem Causa bis Vexari.'

23. Explain that wrongful confinement is a kind of wrongful restraint.

24. "Both development and environment must go hand in hand. There should not be development at the cost of environment and vice versa but there should be development while taking due care, and ensuring the protection of the environment." Elucidate this statement and examine the legal status of the concept of sustainable development. Refer to decided cases wherever appropriate.

25. In order to be more effective functionally, the Central Pollution Control Board and State Pollution Control Boards need organizational, restructuring and a redefined role and functions. In this context, discuss and examine the composition of these boards and their role and functions in the prevention and control of environmental pollution in India.

26. While referring to provisions of the Forest Conservation Act and the relevant case law critically examine the role of the apex judiciary in the development of forest jurisprudence in India.

27. Explain the concept of sovereignty and its relevance today.

28. 'Extradition begins where asylum ends.' Elucidate this statement with the help of case law.

29. While referring to purposes and principles of the UN Charter, assess the role of the Economic and Social Council in achieving of the objectives for which it has been created.

Elective VII ×¾ÖÛú»¯Ö VII
Family Law

30. State the grounds of divorce under the Hindu Marriage Act, 1955. Are there any special grounds on which the wife can seek divorce Discuss.

31. Discuss the rules relating to the natural guardianship of a Hindu minor. What are the powers of a natural guardian Discuss with the help of the relevant case law. ×Æü®¤æü

32. Critically examine the grounds of divorce available to wife under the dissolution of Muslim Marriage Act, 1939.

33. Critically analyse the contribution of United Nations in the development of Human Rights.

34. To what extent rights of minorities and refugees are being effectively implemented and protected by Human Rights Law Discuss.

35. How far India is able to implement Human Rights What more is needed in this regard Discuss.

36. Describe the nature and definition of law of torts with the help of decided cases.

37. Describe libel and slander as types of defamation. Point out the difference between the Indian Law and English law in this regard.

38. Differentiate between

(a)Inevitable Accident and Act of God.

(b)Sovereign and non-sovereign functions.

(c)Public nuisance and private nuisance.


39. Critically examine judicial process relating to nature and essentials of partnership.

40. Critically assess fiduciary role of Directors in context of their duties towards company, shareholders and creditors.

41. Explain rights, duties and liabilities of various parties to a negotiable instrument.


Note This section contains nine questions of ten marks each, each to be answered in about fifty words. ×10 90 Marks)


42. Explain the doctrine of Eclipse.

43. Advantages of legislation over other sources of law.

44. Explain sub-delegation.

45. Discuss the defences of Defamation.

46. Differentiate between rape and adultery.

47. Meaning, scope and nature of precautionary principle.

48. Importance of UN General Assembly Resolutions as a source of International Law.

49. Discuss the Hindu wife's right to claim maintenance.

50. The role of Human Rights to achieve freedom from poverty.


Note This section contains five questions of five marks each based on the following passage. Each question should be answered in about thirty words. ×
5 25 Marks)

51. Answer the below questions according to the passage

A recognised morality is as necessary to society's existence as a recognised Government. Although a particular act of immorality may not harm or endanger or corrupt others, this is not conclusive for we must not view conduct in isolation from its effect on moral code. It might threaten one of the great moral principles on which society is based. In this sense the breach is an offence against society as a whole. This is why the suppression of vice is as much the law's business as the suppression of
subversive activities. The rulers of society must act on what their society believes to
be right.

Is recognised morality necessary for society Why

52. Why an immoral conduct cannot be treated in isolation

53. Which breach is an offence against society as a whole How

54. What is business of law

55. What is obligation of rulers towards their society