Exam Details

Subject law
Paper paper 1
Exam / Course combined competitive examination
Department
Organization Jammu Kashmir Public Service Commission
Position
Exam Date 2012
City, State jammu kashmir,


Question Paper

7.
Explain the term 'State Succession' under International law. How it is different from partial succession of State 60

8.
Write explanatory note on the following


Examine whether a treaty can confer rights or impose obligations on such states which are not party to that state.


Define and distinguish between Extradition and Asylum. Give examples.


Define the term High Sea in the context of international law highlighting its scope on freedom. 20×3=60




HRI-28372 4 700

Total No. of Printed Pages 4 Roll No. ............................ 1[CCE.M]1
Law-I

Time Three Hours Maximum Marks 300

INSTRUCTIONS

Answers must be written in English.


The number of marks carried by each question is indicated at the end of the question.


The answer to each question or part thereof should begin on a fresh page.

Your answers should be precise and coherent.


The part/parts of the same question must be answered together and should not be interposed between answers to other questions.


Candidates should attempt question 1 and 5 which are compulsory and any three more out of the remaining questions, selecting at least one question from each section.


If you encounter any typographical error, please read it as it appears in the text book.
(viii) Candidates are in their own interest advised to go through the General Instructions on the back side of the title page of the Answer Script for strict adherence.

HRI-28372 1 Contd.

No continuation sheets shall be provided to any candidate under any circumstances.


Candidates shall put a cross on blank pages of Answer Script.


No blank page be left in between answer to various questions.


SECTION-A

1. Answer any three of the following (each answer should be in about 200 words) 20×3=60

"Article 14 of the Constitution of India is both negative and positive right." Discuss.


Enumerate five main features of the Constitution of Jammu and Kashmir.


Does 'Reasoned Decision' comprise a third pillar of natural justice Explain.


"The doctrine of excessive delegation is a judicially tailored principle." Comment.


2.
"Though the federal principle is dominant in Indian Constitution and that principle is one of its basic features, but it is also equally true that federalism under the Indian Constitution leans in favour of a strong centre, a feature that militates against the concept of strong federalism." Elucidate critically. 60

3.
"The expression 'Life and personal liberty' in Article 21 of the Constitution of India has the widest amplitude, which covers a variety of rights." Explain these rights with reference to leading cases of the Apex Court of India. 60


4. Write critical notes on the following

Can the Presidential satisfaction be challenged before the Supreme Court of India on any ground or grounds


"The power to destroy the Constitution of India is not included in the power to amend the Constitution."


What is the tenure of civil servant under the Constitution of India Also mention about the safeguards available to them under the Constitution. Can the Government of Jammu and Kashmir regularise the employees without following the prescribed procedure 20×3=60



SECTION-B

5. Answer any three of the following (each answer should be in about 200 words)

'International law is not law but a mere positive morality.' Do you agree with this statement Give reasons.


Define and distinguish between recognition of State and recognition of Government. Give illustration.


What do you understand by intervention in the context of International law Also mention about the scope of just ground of intervention with reference to historical precedents.


Examine major Legal Problems that International Law should take into account for formulating space law. 20×3=60



6. Critically examine the provisions of the UN Charter which enables the United Nations to perform its primary role of peace keeping. Does the Charter require any reform in this respect What measures would you suggest in this context
HRI-28372 2 Contd. HRI-28372 3 Contd.


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