Every question from the official UPSC papers, newest year first. Stuck on one? Ask AI Chat to explain it or outline an answer.
"The 'Doctrine of Pleasure' in its absolute unrestricted application does not exist in India." Elucidate with regard to service jurisprudence.
"If the power of judicial review of legislation and administrative actions is abrogated or taken away, the Constitution will cease to be what it is." Critically evaluate.
What do you understand by legislative process? Under the Constitution, the Parliament has been empowered to make law on any matter, in any list, for any territory not included in a State. Explain.
The word 'State' used in the 'Directive Principles' has the same meaning as has been given to it by Article 2, for the purposes of enforcement of the Fundamental Rights. Examine in the light of exceptions, if any.
The President in India is elected not directly by the people, but by the method of indirect election. Explain. Who will decide in case any dispute arises in connection with the election of the President? Discuss.
"While interpreting Article 2l of the Constitution, the Supreme Court introduced the concept of 'due process of law' indirectly into the Constitution of India, and thereby expanded its scope considerably." Support your answer with the help of leading case laws.
20 marks
Constitutionalism' connotes in essence—'imited government' or 'a limitation on government'. It is the antithesis of arbitrary powers." Discuss.
"The Legislature itself must set the essential policy, or lay down standards or policy in the Delegating Act and the delegate would then legislate to advance the legislative policy." Elaborate the statement with the help of relevant case laws.
5 marks
Keshavananda illustrates judicial creativity and the policy-making role of the Supreme Court of a very high order and could be regarded to be an improvement over the formulation in Golaknath. Examine with the help of relevant arguments.
20 marks
Constitutional governance' is a system where government authority is limited, defined and structured by a supreme written or unwritten constitution. Analyze with special reference to the Sixth Schedule of the Indian Constitution.
"The concept of 'natural justice' is of variable content and imposes variable procedural norms from case to case." Explain.
"The Supreme Court of India is a multi-jurisdictional Court and may be regarded as the most powerful Apex Court in the world." Justify this statement supported by relevant constitutional provisions.
20 marks
"It is the satisfaction of the President and not of the Central Cabinet, for proclamation of emergency in India." Do you agree with it? Critically examine and also, discuss about the consequences of such proclamation.
"An 'Ombudsman' is the projection of the legislative function of supervising the administration." Elucidate this statement in Indian perspectives with the help of examples.
5 marks
Whether International Law is a law in the true sense of the term 'law' or not? Examine.
Critically examine the theories which have been propounded to explain the relationship between International Law and Municipal Law.
What is 'asylum'? Is 'Right to Asylum' a fundamental right of a person in other country to save from prosecution? Explain.
What do you mean by imposing 'Double Veto' by a permanent member of the Security Council of the United Nations? Also, discuss its impact on decision- making process of the United Nations.
What do you understand by 'State succession' and 'State recognition'? Differentiate between them.
"The present world economic order is supposed to be guided by the operation of free market forces propelled by free competition, based on free movement of goods and services including technology." Discuss the role of the principle of non-discrimination and free trade under the General Agreement on Tariffs and Trade (GATT) in this regard.
20 marks
Discuss the grounds of 'intervention' and its types. State the circumstances under which lawful recourse to use of force for self-defence could be taken. Give its limitations also.
"International Law may be defined as that body of law which is composed for its greater part of the principles and rules of conduct which States feel themselves bound to observe and, therefore, do commonly observe in their relation to each other." Explain.
5 marks
Discuss the facts and the Principles of the Law of the Sea, emerged in 'Corfu Channel Case', with reference to the territorial sea and contiguous zone. Give your opinion, how far the 'Strait of Hormuz' problem could be resolved under the UN Convention on the Law of the Sea (982) in the light of the principle of 'innocent passage' by foreign vessels. Explain.
20 marks
Discuss the composition, powers and functions of the Security Council of the United Nations for the maintenance of international peace and security.
15 marks
Define the term 'nationality'. State the various modes of acquisition of nationality by a person. Differentiate between 'nationality' and 'domicile'.
5 marks
"The Bretton Woods Conference, 944 adopted the statutes of two institutions to promote New International Economic Order for international financial cooperation and economic development." Discuss the above statement in terms of the International Forum.
20 marks
Discuss briefly 'pre and post' developments of Kyoto Environment Summit on Global Warming, 997 for the protection and improvement of the human environment.
What do you mean by Human Rights? Discuss the procedure for the enforcement of Human Rights of a person as laid down under the International Law. 5 kkk SB27—606
Does 'Res ipsa loquitur' reverse the 'burden of proof completely? Comment.
10 marks
How can 'community service', as a type of punishment, be used to address local issues? Discuss.
10 marks
How does the changed definition of 'consumer' align with modern market practices such as 'e-commerce'? Discuss.
10 marks
Can a 'single act'? amount to both public and private nuisance? Explain with the help of examples.
10 marks
From 'sedition' under the Indian Penal Code, 1860 to 'acts endangering sovereignty, unity and integrity of India' under the Bharatiya Nyaya Sanhita, 2023, how has the law changed? Explain.
10 marks
"Vicarious liability is based on public policy rather than fault." Critically analyse the above statement in the light of decided cases.
20 marks
How has the law against untouchability evolved to give effect to Article 17 of the Constitution of India? Discuss in the light of relevant legislative enactments and judicial pronouncements.
15 marks
What are the limitations on the scope of this doctrine?
How effectively does the law distinguish between 'pre-meditated killing' and 'murder as a consequence of a sudden fight'? Explain in the light of relevant statutory provisions.
20 marks
How far does a 'mistake of fact'? negate mens rea? Does it operate as a justification or an excuse, and should it be allowed as a defence in strict liability offences? Explain.
Discuss the procedural safeguards provided under the law along with the role of judiciary in ensuring the voluntary participation of the parties in 'plea-bargaining'.
15 marks
X', a 25-year-old boy, makes a promise to 'Y', an 18-year-old girl, that he will marry her if she has 'carnal-relations' with him. The girl is reluctant, but agrees after repeated assurances from the boy that he will marry her. Fifteen days after the act, the boy sends her a text message stating that he cannot keep his promise because marriage with her does not align with his career plans and that he needs to marry an NRI girl to facilitate his settlement abroad. What offence, if any, has been committed by the boy? Discuss. In this context, explain the provisions of the Bharatiya Nyaya Sanhita in the light of amendments relating to sexual offences, which recently took place.
20 marks
"Theft is an offence against possession, not ownership." Comment. Also explain the changes introduced in the law relating to theft under the provisions of the Bharatiya Nyaya Sanhita, 2023.
'Y's routine application for a cooking gas connection on time. What offence, if any, has 'X' committed? Explain in the light of the relevant statutory provisions. Refer to leading cases. answer with relevant legal provisions and judicial pronouncements.
15 marks
How does the Indian Competition Act, 2002, reflect a shift from regulating monopoly to protecting the interests of consumers? Discuss.
10 marks
"There is a jurisprudential difference between 'cyber contraventions' and 'cyber offences' as provided under the Information Technology Act, 2000." Discuss.
10 marks
Write a note on 'non-partners' who can share the profits in a partnership.
10 marks
What are the ingredients of 'hire-purchase'? How is it different from an 'agreement to buy'?
10 marks
In an action to void a contract on the ground of 'undue influence', what is to be proved by the plaintiff? Under what circumstances can 'undue influence' be presumed?
10 marks
"Sharing of profits is only prima facie evidence of the existence of a partnership. The conclusive test is that of 'mutual-agency'." In view of the above statement, discuss the essential features of a partnership.
20 marks
Explain the applicability of the rule of 'privity of contract' in India. Also discuss the circumstances in which the rule does not prevent a person from enforcing a contract without his being a party to it.
15 marks
"Sellers can no longer abuse their freedom by selling sub-standard goods and relying on exclusion clauses. Now there is a duty to deliver appropriate goods." Explain the above statement with the help of statutory provisions and decided cases.
15 marks
Can 'Alternative Dispute Resolution' (ADR) mechanisms effectively adjudicate disputes involving public law elements, constitutional rights, or matters of significant public interest? Critically discuss the role of ADR mechanisms in light of limitations under the Arbitration and Conciliation Act, 1996.
20 marks
In international environmental jurisprudence, the emergence of the 'precautionary principle' marks a shift from the assimilative capacity principle to the precautionary principle. Elucidate this statement in light of the concept of 'sustainable development'.
15 marks
"Trial by media' is a complex phenomenon which poses a conflict between two fundamental principles of democracy, viz. 'the right to a fair trial' and 'freedom of the press'." How can a balance be maintained between these two? Explain.
"Intellectual property laws confer exclusive rights on creators; however, such rights are not absolute." Critically examine this statement in view of copyright vis-a-vis public interest.
20 marks
How can courts protect individuals against the possibility of exploitation inherent in 'standard form contracts'? Discuss and refer to decided cases.
15 marks
"Every person who acts for another is not an agent. Representative character and derivative authority may briefly be said to be the distinguishing features of an agent." In view of the above, discuss the nature of agency.
15 marks
Where does the Constitution of India vest executive power with respect to subject-matters in the Concurrent List over which both the Union and States have legislative powers? Explain.
10 marks
"It is often said that the decision of the Supreme Court in L. Chandra
Critically examine, with the help of decided cases, the power of the President to consult the Supreme Court.
10 marks
If Article 21 confers on a person the right to live a dignified life, does it also include a right not to live? Examine the Constitutional Provisions with the help of decided case laws.
10 marks
"The doctrine of Separation of Powers in its classical structural form is not followed in any country." Critically evaluate this statement with reasons.
10 marks
What are the powers, privileges and immunities of Houses of Parliament in India? Do they have the power to expel any of their members for breach of privileges? If so, are such expulsions subject to judicial review? Discuss.
20 marks
"The Directive Principles of State Policy are fundamental in the governance of the country, and it shall be the duty of the State to apply these Principles in making laws." Illustrate the legislations, which have been enacted for the implementation of Directive Principles.
15 marks
"It was claimed in the Constituent Assembly that the Constitution of India has in fact, laid down a very 'facile' procedure for the amendment of the Constitution." Do you think the Doctrine of Basic Structure significantly limits the amending power under Article 368? Elucidate.
15 marks
"In any democratic society, judicial review of administrative action is the soul of the system. Without it, democracy, and rule of law cannot be maintained." Explain with example.
20 marks
Examine the provisions under the Indian Constitution that authorize the Parliament to legislate on the subject-matters of the State List of the Seventh Schedule.
15 marks
"It is significant that the State shall secure the operation of legal system to promote justice on the basis of equal opportunity." Examine the provisions under the Constitution and Legal Services Authorities Act, 987.
Examine the power of the Governor to grant pardons, reprieves, respites or remissions of punishment, or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.
20 marks
What are the significant changes introduced by the Constitution (Forty-fourth Amendment) Act, 1978 to emergency provisions contained in Part XVIII of the Constitution of India? Are they efficacious enough to prevent the possible abuse of power under Article 352 of the Constitution? Elaborate.
15 marks
"Lokpal and Lokayukta have roots in Indian governance culture." Explain, how the Lokpal and Lokayuktas Act, 2013 ensures transparency and accountability in public governance, both within and outside India.
15 marks
Is anticipatory and pre-emptive use of force for self-defence permissible under Article 51 of the UN Charter? Discuss.
10 marks
"The General Assembly of the United Nations cannot be called World Parliament." In this context, critically analyse the limitations on the General Assembly.
10 marks
Discuss the different theories of State Succession and the rights and duties arising out of the State Succession.
10 marks
How does the Rome Statute of the International Criminal Court define "Crime against Humanity"? Explain.
10 marks
What is 'Contiguous Zone'? Discuss the Indian position on this subject.
10 marks
There may be various reasons for the failure of the Security Council of United Nations in maintaining international peace and order. One of the main reasons is its composition and imbalanced power dynamics.
What is innocent passage on the Law of the Sea? Examine the Indian position on this matter.
Examine the principles of acquisition of territorial sovereignty by newly emerged states.
15 marks
Examine the definition, meaning of 'Nationality' and modes of acquisition of nationality. Also, make a distinction between Nationality and Citizenship.
20 marks
FIRST Discuss the right of the State parties to formulate reservations to a treaty under the Vienna Convention on the Law of Treaties, 1969. What are the legal effects of such reservations? Explain.
15 marks
Explain the principles of 'most favoured nation' and 'national treatment' in the International Trade Law. Is it permissible for a WTO member state to impose different rates of (reciprocal) tariffs on other member states of WTO? Can a member state affected by the higher tariffs file a complaint with the Dispute Settlement Body of the WTO? Discuss.
15 marks
Critically examine the International Law relating to development and use of nuclear weapons with special focus on the Treaty on Prohibition of Nuclear Weapons (TPNW), 207.
Hem fate Fifa Discuss the different types of 'Asylum' and make a distinction between Territorial and Extraterritorial Asylum.
15 marks
The simplest and most utilized mode of settlement of international dispute is negotiations, which does not involve a third party, unlike mediation. Discuss which of these modes is best suited for settlement of international disputes.
15 marks
"Doctrine of 'foreseeability', not the 'proximity', is a correct test of ' 'remoteness'." Explain with the help of case-laws.
"The definition of 'public servant' as per the Prevention of Corruption Act, 1988 is only illustrative and not exhaustive." Comment.
Describe the salient features of the Protection of Civil Rights Act, 1955.
Explain the principle of liability of master for the torts committed by his servant. Write case-laws.
Under what circumstances can the appropriate government commute the sentence of death and life imprisonment for any other punishment? Discuss.
"Homicide means killing of a human being by a human being." Explain the statement and distinguish between culpable homicide amounting to murder and not amounting to murder.
20 marks
"Right to private defence is a valuable right but it must be exercised reasonably." Explain with examples.
15 marks
"Nuisance is no branch of negligence." Explain. Describe who can sue and who is liable for nuisance.
15 marks
Discuss the law of defamation. Is this correct to say that law of defamation gives too much protection to 'reputation' and imposes too a great restriction on the freedom of speech? Comment.
20 marks
"The law of torts is said to be a development of the maxim ubi jus ibi remedium." Illustrate your answer with the help of decided case-laws.
15 marks
Critically examine the provisions relating to few major offences which fall under the 'offences against marriage' in the criminal law of India. Support your answer with case-law.
15 marks
"Dacoity is an aggravated form of theft and robbery." Explain with relevant provisions and case-laws.
20 marks
"In case of joint offenders, their liability is joint and separate." Explain the conditions when such principle is applicable.
15 marks
"The establishment of 'Consumer Mediation Cell' and procedure for mediation in the Consumer Protection Act, 2019 is a step towards alternative dispute resolution in consumer cases." Discuss. relevant legal provisions and judicial pronouncements
15 marks
"Law as well as justice should try to prevent unjust enrichment." Elucidate the statement in reference to relevant provisions of the Indian Contract
"In breach of a sale contract, both the buyer and the seller have remedies against each other." Discuss the statement in reference to relevant provisions of the Sale of Goods Act, 1930.
"An outgoing partner shares subsequent profits but not the liability for acts of the firm after his retirement." Elucidate the statement referring to relevant provisions of the Indian Partnership Act, 1932.
"The role of certifying officer is not quasi-judicial but administrative in nature." Explain.
"Public interest litigation is a tool to protect fundamental rights of persons or group of persons who are unable to approach the court due to poverty or social and economic conditions." Critically analyze this statement.
"Every agreement by which anyone is restrained from exercising a lawful profession, trade or business of any kind is to that extent void." Discuss the statement along with the circumstances in which such agreements have been considered valid by the courts.
20 marks
"Any departure from the terms of the offer or the addition of any qualification while accepting the offer vitiates the acceptance unless it is agreed to by the offeror." Elucidate the statement in the light of the provisions of the Indian Contract Act, 1872 and established principles.
"The law draws a distinction between coercion and undue influence. Coercion in the execution of a contract occurs when there is a physical compulsion of the person. In contrast, undue influence may exist without violence or threats of violence against the victim." In the light of this statement, distinguish between coercion and undue influence referring to relevant provisions and presumptions raised under the Indian Contract Act, 1872.
"The parties to a contract must either perform or offer to perform their respective promises unless the performance is dispensed with or excused under the provisions of the Contract Act or of any other law." Explain the statement in reference to relevant provisions of the Indian Contract Act, 1872.
20 marks
"Both horizontal and vertical agreements are included in Section 3 of the Competition Act, 2002 even when horizontal agreements are considered more harmful in comparison to vertical agreements." Discuss.
15 marks
"The 'precautionary principle' and the 'polluter pays principle' are essential principles of the sustainable development." Explain both the principles and also their contribution in sustainable development referring to relevant case-laws.
15 marks
"Right to Information, for citizens to secure access to information under the control of public authorities, is an important enactment." Discuss. Also describe the obligations of public authorities as mentioned in the Act.
20 marks
"To enforce the arbitration agreement, the terms of the agreement must be clear and certain." Explain.
15 marks
Discuss the remedies for infringement of trademark and passing off available to the trademark owner.
15 marks
Examine the appellate jurisdiction of the Supreme Court in appeals from High Courts in regard to criminal matters.
The Parliament or any State Legislature should keep within the domain assigned to it and not encroach upon the other's subject. Critically examine.
"Every person who is a member of civil service of the Union holds office during the pleasure of the President." Is there any exception to this rule? Describe.
The Indian Constitution permits delegation but imposes specific restrictions to ensure alignment with the Parent Act and protect legislative intent. Examine with illustrations.
"A law is void only to the extent of inconsistency or contravention with the relevant Fundamental Right." Explain with the help of decided cases.
The concept of Public Interest Litigation is an exception to the rule of 'locus standi'. Elaborate in the light of its evolution, aims and objects in India with the help of leading cases. Also discuss its drawbacks.
20 marks
"Constitutionalism is the concept of limited government under a Fundamental Law." In the light of this, differentiate between distinctive features of Constitution and Constitutionalism.
Discuss the relationship between the President and the Council of Ministers under the parliamentary form of government in India. Explain with the help of relevant constitutional provisions.
5 marks
"Article 94, which is an exact reproduction of Article 05, deals with the State Legislatures and their members and committees." On this background, comment that both the Articles are complementary to each other and should be read together.
20 marks
Who are 'minorities'? The Constitution of India protects the rights and interests of minorities to the extent that the rights conferred to them to establish and administer educational institutions of their choice are not absolute and are subject to reasonable restrictions. Discuss with the help of decided case laws.
5 marks
Discuss the procedure of amending the Constitution. Are there any restrictions also in this regard? Support your answer with the help of relevant Supreme Court judgments.
5 marks
In recent years, the concept of 'Cooperative Federalism' has played a pivotal role in constitutional governance of the nation but at the same time it comes across various challenges as well. Elaborate.
20 marks
"The Fundamental Rights are not an end in themselves but are the means to an end. The end is specified in the Directive Principles." Analyze the statement.
"The ordinance making power of the President and the Governors is a unique feature of the Indian Constitution but it balances on a razor-sharp edge between pragmatic governance and potential over-reach." Critically examine with the help of decided case laws.
5 marks
Define International Law. Enumerate its weaknesses and give suggestions for improvement.
What is State recognition? Draw a distinction between recognition de jure and de facto.
Examine the importance of nationality and discuss the modes of acquisition of nationality.
Distinguish between the concept of territorial sea and inland water. Comment on the breadth of territorial sea that is internationally accepted.
Examine the importance of 'the Economic and Social Council' as a principal organ of the United Nations.
Peaceful settlement of international disputes has been developed on the principles of International Law concerning friendly relations and cooperations among States. Explain.
20 marks
The present world 'Economic Order' is supposed to be granted by the operation of free market forces propelled by free competition and enterprises, based on free movement of goods and services including technology. Elucidate.
5 marks
International Law and Municipal Law are two branches of unified knowledge of law, which are applicable to human community in someway or the other. Elaborate with the help of prevalent theories.
5 marks
Following 'World War II' destruction, the World Bank and the International Monetary Fund emerged as two historic institutions to promote economic recovery and to build a global monetary system to ensure economic stability around the world. Discuss at length.
20 marks
Discuss the law on extradition. The procedure for granting asylum and approving extradition requests differ significantly. Explain.
What is intervention? Discuss the intervention on humanitarian grounds and the intervention due to self-defence.
5 marks
Describe the constitution of United Nations Security Council's 'Counter- Terrorism Committee'. To what extent has this Committee been effective in countering terrorism across international borders? Critically analyze.
20 marks
What do you understand by nuclear disarmament? Do you agree with the opinion that Comprehensive Nuclear-Test-Ban Treaty (CTBT) has been successful in achieving its objects? Critically examine.
What is statelessness? A stateless person is often subjected to a number of human rights violation. What are the impediments that people face due to statelessness? Elaborate the human rights issues that are connected to statelessness. 5 kkk 25SS—630
The underlying principle of mens-rea is expressed in the familiar Latin maxim — 'actus non-facit reum nisi mens sit rea,' — 'the act does not make a man guilty unless the mind is also guilty.' Explain with decided cases.
The principle that every conspirator is liable for all the acts of co-conspirators if they are towards attaining the goals of the conspiracy even if some of them have not actively participated in the commission of that offence/s.' In the light of above statement, explain the principle of criminal conspiracy as per Indian Penal Code 860.
It is the degree of negligence which really determines whether a particular action will amount to rash and negligent act as required to hold a person guilty of homicide under Section 304-A of Indian Penal Code, 860.' Discuss.
The determination of vicarious liability of the state is linked with the negligence made by all its functionaries and no immunity can be claimed.' In the light of above observation discuss; vicarious liability of state with reference to its sovereign functions.
"The introduction of 'product liability' under the Consumer Protection Act, 209 marked an end of the 'buyer beware' doctrine and the introduction of 'seller beware' as the new doctrine." Discuss.
"Justification for introduction of 'plea-bargaining' in India was that it will reduce delay in case of undertrial prisoners in a cheaper and quicker method." Do you appreciate its existence in the same form or not? Justify your answer.
20 marks
Intoxication impairs perception and judgement both so one fails to foresee the result of his conduct.' In this backdrop, examine the law relating to the defence of intoxication and refer to the leading cases.
5 marks
How far do you agree that prevention of corruption Act 988 is an important legal instrument in curbing corruption in the society. Discuss. What are the types of offences recognised under this law and what are punishments?
5 marks
"It is the mode of acquiring possession of property of other party with/without his consent, which determines the type of offence against property and thus distinguishes theft, misappropriation and Criminal breach of trust." Discuss.
20 marks
"A person is liable for Public nuisance, when he does an act or illegal omission which causes any common injury, danger or annoyance to the public..." Discuss Nuisance in the light of above statement along with its types.
Explain 'false imprisonment' as per law of Torts and distinguish it from 'malicious prosecution.
5 marks
If an enterprise is permitted to carry on any hazardous or inherently dangerous activity for its profits, the cost of any accident arising on account of such activity must be an appropriate term of overheads.' Comment. (M. C. Mehta v. U.O.I.)
20 marks
Kidnapping is a substantive offence while abduction is not an offence exclusively. It becomes offence, when committed with a criminal intent.' Explain.
8 marks
The offence of abetment depends upon the intention of the abettor not upon the act committed by the abetted person.' Explain. relevant legal provisions and Judicial pronouncements
5 marks
A "'Quasi-Contract' arises out of judicial principles and not out of contractual agreement between two parties." Explain.
Every partner of a Limited Liability Partnership (LLP) for the purposes of its business is its agent but not that of other partners. Analyse the extent of liability of LLP and its partners..
The rights of an unpaid seller do not depend upon any agreement, express or implied, between the parties. They arise by implication of law.' Explain.
Mutual rights and duties of the Principal and agent may be wholly provided for in their contract. Discuss the general duties of the agent with special reference to the duty of reasonable care and skill.
What is the commercial significance of the Geographical Indications of Goods? Explain the benefits that accrue to the registered proprietors and authorised users by registration of Geographical Indications of Goods.
10 marks
Discuss the rules which are taken into account by the courts while awarding damages for the breach of contract. Refer to the relevant statutory provisions and case law.
20 marks
An illegal contract is always void but a void contract is not always illegal.' Examine while illustrating both the types of contract.
5 marks
The liability of a surety is secondary, but it is co-extensive with that of Principal debtor.' In this backdrop, discuss the nature and extent of liability of surety.
5 marks
"The principle of arbitral autonomy is an integral element of the ever evolving domain of arbitration law.... The basis of arbitral autonomy is to give effect to the true intention of the parties to distance themselves from the 'risk of domestic judicial parochialism.' " Comment with reference to the theory and practice.
Comment in the context of Indemnity and Indemnity-holder's rights.
Mistake does not defeat consent, but only misleads the parties.' Explain citing the relevant legal provisions and cases decided by the courts.
5 marks
"There is, in recent years, a feeling which is not without any foundation that 'public interest litigation' is now tending to become 'publicity interest litigation' or 'private interest litigation', and has a tendency to be counter-productive." Examine the statement critically.
20 marks
Discuss the relevance of the 'safe harbour' clause under the Information Technology Act 2000. Comment on the need to make the intermediaries liable for transmitting the posts and communications of third parties.
An information shall ordinarily be provided in the form in which it is sought. Are there any exceptions to this rule? Explain with suitable illustrations.
"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.
10 marks
"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.
10 marks
"There is an obvious slant in favour of the Centre, in distribution of powers between Centre and States." Do you agree with the statement? Explain.
10 marks
"The principles of natural justice are not cast in stone and there is always a possibility of deviation from stated principles of law in view of overall demands of justice." Explain citing decided cases on the subject.
10 marks
Explain and elucidate the grounds of judicial review for administrative action, by quoting decided cases on the subject.
10 marks
"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.
20 marks
"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.
15 marks
"The Constitution of India provides constitutional status and protection to civil servants." What protections have been secured for civil servants in India? Explain.
15 marks
"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.
20 marks
"'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.
15 marks
"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.
15 marks
What do you understand by breakdown of constitutional machinery ina 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.
20 marks
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.
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.
15 marks
"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.
10 marks
What do you mean by 'Contiguous Zone'? Explain with reference to Indian practices on the subject.
10 marks
Explain the impact of recognition on the powers and privileges of the States.
10 marks
Explain the principle of 'Jus cogens' with reference to 'Vienna Convention on Law of Treaties, 1969".
10 marks
"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.
10 marks
"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.
20 marks
"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.
15 marks
How do you distinguish between 'Continental Shelf' and 'Exclusive Economic Zone'? Explain giving examples.
15 marks
"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.
20 marks
"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.
15 marks
Under what circumstances is recourse to 'force' or 'aggression' permissible and justifiable under International Law?
15 marks
"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.
20 marks
"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 human environment.
15 marks
"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.
15 marks
Discuss the doctrine of 'Transferred Malice' as applied to law relating to culpable homicide under the Indian Penal Code, 1860.
10 marks
Discuss the nature and scope of right of Private defence of property along with limitations if any, on the exercise of such right.
10 marks
Illustrate the doctrine of 'constructive-criminality' with reference to law on Abetment.
"He who acts through another, does the act himself." Discuss the tortious liability entailed in the above statement.
10 marks
Explain the various kinds of damages that a plaintiff can claim after a tort has been committed against him.
10 marks
A twenty year old girl 'G' was coming back to 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.
20 marks
"In Negligence, the chain of causation must remain intact." Describe the essentials of 'negligence' by referring case-laws.
15 marks
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.
Discuss the law relating to 'Assault or Criminal force' to woman with intent to 'Outrage her Modesty' and 'Sexual Harassment' as defined under Indian Penal Code, 1860. Is there any difference between the two? Explain.
20 marks
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.
15 marks
Elucidate the essentials of 'Private Nuisance'. Also discuss the remedies available to a plaintiff in a suit for 'private nuisance'.
15 marks
"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.
20 marks
Examine the term 'Undue-Advantage' as difined 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.
15 marks
Critically analyse with the help of decided cases, the essentials to be proved by a plaintiff in a suit for damages for 'Malicious Prosecution. legal provisions and judicial pronouncements.
15 marks
"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.
10 marks
"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.
10 marks
"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.
10 marks
"In India, there are different types of Intellectual Property rights, which are protected under different laws." Explain.
10 marks
What kind of cases are heard by the 'National-Green Tribunal'? How is it different from the Central Pollution Control Board (CPCB)?
10 marks
"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.
20 marks
"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.
15 marks
"A 'bearer instrument' is transferable by simple delivery. An 'instrument payable to order' can be transferred by endorsement and delivery." Explain.
15 marks
'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 organisation." Explain the modes of protection which have been evolved by the courts.
20 marks
Describe the constitutional roots of 'Right to Information' in India. Refer to decided case laws.
15 marks
"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.
15 marks
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 relevant legal provisions in IT Act and other contemporary developments.
20 marks
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.
15 marks
"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.
15 marks
Absolute equality may itself be a cause of inequality.' In the light of this statement, discuss substantive equality.
To preserve basic freedoms and dignity of individuals, a Constitution should be permeated with Constitutionalism.' Discuss.
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?
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?
Elucidate 'Wednesbury's Principles of Unreasonableness'. Do these principles provide in any way, scope for 'merits review' of administrative decisions?
"Amending power does not extend to damaging or destroying the basic structure or framework of our Constitution." Discuss.
20 marks
Discuss the application of fundamental rights to parliamentary privilege cases.
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.
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.
20 marks
What are the grounds to declare a delegated legislation as substantive ultravires? Refer case laws.
Briefly discuss. the impact of Proclamation of Emergency under Article 352 of the Constitution.
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.
20 marks
Are administrative tribunals competent to examine the constitutional validity of primary legislations? Discuss in the light of case law.
Explain the significance of 'Audi Alteram Partem'. What are the cases or circumstances in which the aforesaid principle of natural justice can be excluded?
Keeping in view the growth of International Law in the contemporary era, do you think the classical definition of International Law has become redundant?
Distinguish between Arbitration and 'De-jure' Recognition.
What are Territorial Asylum and Extraterritorial Asylum? Explain.
What are the various Rights of States over 'territorial-waters'?
Distinguish between Arbitration and Judicial settlement as methods of peaceful settlement of disputes in International Law.
Critically examine various theories relating to the relationship between International Law and Municipal Law.
20 marks
Elaborate various theories of State succession.
Discuss various modes of acquisition and loss of Nationality.
Describe the various powers and functions of the General Assembly.
20 marks
Explain the maxim "Pacta Tertiis Nec Nocent Nec Prosunt" with relevant case laws.
5 marks
Does the Right to Self-Defence under International Law include Right to take is Action?.
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.
20 marks
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.
Explain the core principles of International Humanitarian Law (IHL).
"The existence of mens rea along with commission of actus 7205 makes the act an offence." Explain.
What are the remedies available under the Law of Tort other than damages? Discuss by citing suitable illustrations.
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?
How far has Section 7-A of the Protection of Civil Rights Act, 1955 been effective to control untouchability in India?
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.
The 'State Liability' under the Law of Tort has undergone metamorphosis. Explain with the help of case laws.
20 marks
"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.
15 marks
How is the rule of 'absolute liability' different from 'strict liability'? Cite the relevant judgements.
15 marks
What do you understand by an 'unlawful assembly'? Discuss the circumstances when a lawful assembly becomes unlawful. Support your answer with suitable illustrations.
20 marks
"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.
"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 marks
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?
20 marks
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.
"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. legal provisions and judicial pronouncements
"All the contracts are agreements, but all the agreements are not contracts." Elucidate the statement.
Discuss the quasi-criminal nature of Section 138 of the Negotiable Instruments
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.
Elaborate the conditions and warranties provided under the Sale of Goods
"The quotation from a work which has already been lawfully made available to the public does not constitute infringement of copyright." Comment.
"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.
20 marks
What do you mean by 'abuse of dominance' and 'abusive conduct' prohibited under the Competition Act, 2002?
15 marks
Dwell on the concept of emergency arbitration in providing expeditious relief. in India.
15 marks
State the circumstances of supervening impossibility and frustration of contract in the light of the decided cases.
20 marks
"The Information Technology Act, 2000 aimed at e-commerce development, but failed to satisfy growth-building traders and consumer confidence." Comment.
15 marks
"An agreement without consideration is void." Is there any exception to it? Discuss by giving suitable illustrations.
15 marks
What are the essentials of an agency? How is an agency created and terminated under the Indian Contract Act, 1872?
20 marks
"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?
15 marks
Discuss the ambit and scope of Section 3(d) of the Patent Act, 1970 in the context of the Novartis Case, 2013.
15 marks
"The Fundamental Rights may be said to constitutionalise social values of existing society." Explain and illustrate.
10 marks
"Public Interest Litigation in India is judge-led and even to some extent judge-induced." Explain with the help of relevant case law.
10 marks
"Right to Education is the base for the Fundamental Rights and Human Rights." Discuss the efforts made by the Government with regard to Right to Education of the children.
10 marks
Explain the relationship between the President and the Council of Ministers. Is the President bound to accept the advice of the Council of Ministers? Discuss.
10 marks
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.
10 marks
"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.
20 marks
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.
15 marks
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 State's defiance of the directives issued under these Articles by the Union?
15 marks
"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.
20 marks
"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.
Explain the various principles of natural justice with the help of relevant decided cases.
15 marks
"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.
20 marks
Examine the role of State Legal Services Authority in promoting legal literacy and right of women and children in the State.
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.
15 marks
Discuss the various efforts made towards the codification of International Law during the 20' century.
10 marks
Explain different theories on the relationship between International law and Municipal law.
10 marks
Explain the principle of 'Double Criminality' and the 'Rule of Speciality' under the international law of extradition.
10 marks
Define 'Double Nationality' and 'Statelessness'. Evaluate the efforts taken to eliminate or reduce them.
10 marks
What is 'Intervention' and on what grounds do the States justify intervention? Explain.
10 marks
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.
20 marks
What do you understand by 'State Succession'? Discuss various theories of State succession and explain the rights and obligations arising out of State succession.
15 marks
Explain the main features of Law of the Sea. What is the difference between the jurisdiction over 'Territorial Sea' and 'Exclusive Economic Zone'?
15 marks
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.
20 marks
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.
15 marks
"Humanity is in peril in the present world due to terrorism." Suggest the ways to protect it in the context of human rights.
15 marks
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.
20 marks
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).
15 marks
Discuss the role of United Nations in protection and improvement of human environment.
15 marks
What amounts to 'Legal Insanity' that would entitle an accused for exemption from Criminal Liability?
10 marks
Discuss 'Grave and Sudden Provocation' as a defence to charge of murder under IPC, 1860?
10 marks
Explain the concept of Plea-bargaining under the Cr.P.C. 1973. In what cases Plea-bargaining is not available?
10 marks
Discuss the ambit & scope of 'consumer' as defined under the Consumer Protection Act, 2019.
What constitutes 'Malicious Prosecution'? How it is different from 'False Imprisonment'?
10 marks
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.
20 marks
Differentiate between the following
15 marks
Kidnapping' and 'Abduction' 'Riot' and 'Affray
Criminal Breach of Trust' and 'Dishonest Misappropriation of property'.
What are the various kinds of 'damages' that a plantiff can avail as a remedy under the law of Torts? Under what circumstances can "prospective damages" be awarded?
15 marks
From 'Mathura' to 'Nirbhaya' and beyond, discuss the development of Rape laws in India.
20 marks
Explain the liability of 'Joint Tortfeasors' for a wrongful Act. How is it different from the liability of 'Independent Tortfeasors'?
In an action for 'Negligence', what does the plantiff need to establish in order to affix civil liability of defendant? What does it take for the maxim 'res ipsa loquitor' to apply?
15 marks
Discuss the evolution and development of rule relating to 'No-fault liability' in India with help of decided cases.
20 marks
What are the defences available to an accused in a civil suit for 'defamation'? Explain.
15 marks
Recently there have been changes in Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. Enumerate. and judicial pronouncements.
15 marks
Minor's contract is 'void ab initio'. Comment.
10 marks
Discuss the constitutionality of Right to Information Act, 2019 in the light of recent judgment by the Supreme Court of India.
10 marks
In legal phraseology "every person who acts for another is not an agent". Comment.
10 marks
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.
10 marks
With the globalisation of trade, brand names, trade names and trade marks have attained an immense value and therefore it requires an effective trade mark law'. Discuss.
10 marks
SATE He What are the various modes in which a contract may be discharged? Explain in the light of decided cases.
20 marks
Dwell on the legality and constitutionality of Section 66A, Information Technology Act, 2000. intervention in the process of arbitration? Elucidate the statement with support of case law development on the point.
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.
15 marks
Discuss the symbiotic relationship between Media Trial and Fair Trial with reference to judicial approach.
15 marks
Discuss the concept and classification of 'Quasi contracts' under Indian Contract Act, 1872.
"Limited Liability Partnership is an alternative corporate form that gives the benefit of limited liability of a company and flexibility of a partnership". In the light of the above discuss the chief characteristics of Limited Liability Partnership Act, 2008.
15 marks
How does any factor vitiating 'free consent', affect a contract? Explain.
15 marks
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.
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.
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.
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, 976?
What are the various modes of judicial control of delegated?
Discuss the powers and functions of the Lokpal and the Lokayukta under the Lokpal and Lokayuktas Act, 203. 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.
20 marks
"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.
With the help of illustrations, discuss and differentiate, co-operative federalism and competitive federalism.
Examine the scope of protective discrimination offered to persons belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes under Articles 5 and 6 of the Constitution of India. Explain with the help of decided cases.
20 marks
"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.
"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.
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.
20 marks
"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?
"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.
What are the various steps involved for concluding an international treaty and bringing it into force?
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-l of GATT?
Discuss the purposes and principles governing United Nations. What reforms, if any, do you suggest for the UN system?
What are the parameters of contentious jurisdiction exercisable by the International Court of Justice?
Discuss the status of individual in International Law especially with reference to human rights treaties.
In resolution 6709, 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.
20 marks
"Asylum ends where extradition begins." Comment. Distinguish between territorial asylum and extra-territorial asylum.
Do you agree with the view that International law is merely a positive morality? Discuss the nature and scope of International law.
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.
20 marks
Discuss the rights and obligations of Coastal States and other States in the territorial waters and contiguous zone.
Explain in detail the anti-dumping provisions under GATT and WTO. What are the methods laid down for determination of "anti-dumping" and "material injury"?
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.
20 marks
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.
Write notes on the following: 46 Gi) International Terrorism Gi) Grounds of Intervention (iii) Nuclear Non-Proliferation Treaty
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.
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.
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.
"Public nuisance' does not create a civil cause of action for any person." Comment.
"The common cases of vicarious liability relate to servant driving his vehicle in the course of employment." Explain in the light of decided cases.
The definition of 'murder' under Section 300 of the Indian Penal Code is very wide. It includes not only both 'intentional' and 'unintentional' causing of death but also cases where the death is not even 'foreseen'. Explain.
20 marks
"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.
15 marks
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?
15 marks
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.
20 marks
Critically examine the Consumer Protection Act, 2019 and distinguish it with the Consumer Protection Act, 1986.
15 marks
'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 'libellous' in anyone else." Explain the statement with leading case law.
15 marks
Unless the ingredients of either 'theft' or 'extortion' are present, neither the 4 offence of 'robbery' nor the offence of 'dacoity' can be made out. Explain.
20 marks
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.
15 marks
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. legal provisions and decided cases: 10x5=50 y
15 marks
"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.
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.
"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.
"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.
According to Anson, "Contract of insurance bears a certain superficial resemblance to wagering agreement but they are really transactions of different nature". Elucidate.
"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.
20 marks
"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.
15 marks
"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)
"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.
20 marks
"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.
15 marks
Discuss the rationale of exemption to disclosure of information endangering life and the information regarding criminal trial and criminal investigation
"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.
20 marks
"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.
15 marks
"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.
15 marks
Discuss the. doctrine of 'Pith and Substance' relating to the distribution of legislative powers between the Centre and the States with the help of the landmark judicial decisions.
10 marks
"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
'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.
10 marks
"The issue of Parliamentary-privileges has been a bone of contention and conflict between the Parliament and the Judiciary." Analyse this statement in the backdrop of decided cases.
"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
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.
20 marks
"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.
15 marks
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.
15 marks
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.
20 marks
"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.
15 marks
"India that is 'Bharat', shall be a Union of States." Explain. Do you think that the Indian Constitution is a Federal Constitution? Discuss with the help of decided cases.
15 marks
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.
20 marks
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.
Examine and explain the following statements: 15 (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.
"International Law is the vanishing point of Jurisprudence." Explain.
10 marks
What do you mean by State-Recognition? What are the legal effects of recognition? Differentiate between de-facto and de-jure recognition.
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?
10 marks
What is the difference between International Humanitarian Law and International Human Rights Law?
10 marks
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?
10 marks
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?
20 marks
Briefly explain the following: 15 (i) Doctrine of Innocent Passage (ii) Exclusive Economic Zone and the rights of other States thereto
"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.
15 marks
What do you understand by territorial jurisdiction of States? Do you agree with the view that Right to Seek Asylum is firmly established under International Human Rights Law? If so, substantiate your answer with reasons.
20 marks
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.
15 marks
"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.
15 marks
Write critical notes on the following: 20 (i) International efforts towards protection and improvement of human environment (ii) State-sponsored terrorism
Discuss the main provisions of the Comprehensive Nuclear Test Ban Treaty (CTBT). Also explain the reasons why India has not signed this treaty.
15 marks
Explain the historical evolution, objectives and main principles of the General Agreement on Tariffs and Trade (GATT).
15 marks
Even without mens rea there are certain acts, which are offences under the Indian Penal Code, 1860. Enumerate such offences.
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.
"Act done by me against my will, is not my act." Examine in the light of legal provisions of the Indian Penal Code, 1860.
"Pigeonhole theory' in the law of tort holds no justification now." Critically examine.
"E-commerce has adversely affected the consumer protection in India." Elucidate the statement.
"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.
15 marks
"Recent judicial decisions of the courts have changed the spirit of the help of judicial pronouncements.
"Every culpable homicide and murder is necessarily a hurt, but every hurt is not necessarily a culpable homicide and murder." Elucidate.
20 marks
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 i simultaneously puts ¥ 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.
20 marks
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.
15 marks
"Ascertainment of causation is a problem, when the events causing damage to } plaintiff are not simultaneous but successive." Elaborate it with the help of l decided cases under the law of tort.
15 marks
"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.
20 marks
Mere physical boundaries are not the essential requirement to constitute the tort of false imprisonment', but psychological boundaries too are enough in this regard. Critically examine.
15 marks
"Imputation of unchastity against a woman by spoken words is a wrong actionable without proof of special damage." Examine under the law of tort. legal provisions and decided cases
"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.
"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.
"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.
"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.
"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
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.
15 marks
"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.
15 marks
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.
20 marks
"The principle of unjust enrichment finds place indirectly under the law of contract." Explain its various dimensions.
15 marks
"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.
15 marks
"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.
20 marks
"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.
15 marks
"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.
15 marks
"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.
20 marks
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'? sere Bet fray aifay, Administrative powers/actions are not always in conflict with the 'rule of law' principle. Discuss with illustration.
Critically evaluate the changing dimensions of the concept of 'State' under Article 12 of the Constitution of India.
"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.
"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.
10 marks
Examine the concept of social justice as envisaged in the Constitution, more particularly in Chapter IV of the Constitution and under Article 14 of the Constitution.
20 marks
What are the constitutional safeguards available to a civil servant against dismissal, removal or reduction in rank of services 7? Are these rights also available to an employee of a public corporation? Discuss with reference to statutory provisions and case law.
What would be the best way or method for the appointment of judges in High Courts and the Supreme Court in India? Give your views and support your views with reasons.
5 marks
What are the major challenges in the functioning of local bodies in India? Does it talk about success story or something else?
20 marks
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.
15 marks
Discuss the constitutionality of delegated legislation. What are the limits of delegated legislation? Explain.
"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'.
20 marks
"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.
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
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.
"Where Extradition begins Asylum ends." Critically examine the above statement with special reference to extraditable persons and extradition crimes.
10 marks
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'?
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.
10 marks
Do you agree with the statement that "the Globalization is a necessary evil"? Critically examine the implications of the reform process undertaken by the IMF and IBRD by way of structural adjustment programmes and policies on developing countries, with special reference to India.
"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 (ICJ).
20 marks
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.
15 marks
"Membership of the Security Council is not democratic mainly because of its veto 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.
"Certain provisions of the four Geneva Conventions (1949) and their additional protocols of 1977 have assumed the status of customary principles (jus cogens) of [HL today." Do you agree with the above statement? Justify your arguments in the light of common Article 3 of the four Geneva Conventions.
20 marks
Explain the concept of terrorism in the context of current technological developments. Do you justify counter-terrorism as an effective strategy to deal with terrorist activities? Is the existing international legal regime effective in dealing with emerging new terrorist threats 7 Explain.
Explain the differences between Paris and Bern regimes. Do you agree with the statement that "The Trade Related Intellectual Property Rights (TRIPs) is nothing, but mere repetition of the Paris and Bern Conventions." Discuss.
15 marks
"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 entities in International law.
20 marks
Fife 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.
5 marks
It is generally viewed that "What the U.N. did in the 20 century for maintenance of peace and security, the W.T.O. is going to play the same role on economic and trade relations in the 21** century". Discuss the above statement in view of the changing notion of political sovereignty to economic sovereignty of States.
15 marks
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 juristic opinions and judicial pronouncements.
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.
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 (A Regd. Society} vs. Union of India i20]8) is conclusive? Comment critically.
"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.
"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.
"Bection 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 certaimty." IHustrate the above statement.
20 marks
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,
15 marks
A group of persons decided to act in concert with common intention to commit tape on victim (Vv). 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 lability 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 fii! Who committed rape (ai) The sole lady member who lend full facilities for the commission of rape
15 marks
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 was chasing them, one of the dacoits (.X) killed Mr. Y, who tried to obstruct his way. Decide liability fer the murder committed by one of them in view of Sections 391 and 396 of the Indian Penal Code.
"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.
15 marks
Corruption by public servants has become 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 ws.
"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.
15 marks
"Rule of absolute lability 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.
15 marks
"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. legal provisions and decided cases
20 marks
If certain goods are displayed cither 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.
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.
Are there any exceptions to this rule? Discuss with the help of relevant provisions and decided cases.
Public Interest Litgation [PIL) in India, of late, has been used not only to represent the unrepresented and weak but also to advance the interest of j others. Comment on the recent trends relating to the application, use and misuse of PIL in India.
In spite of introduction and recognition of Technological Protection Measures (TPMs), 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.
"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.
20 marks
"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,
15 marks
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.
15 marks
If an officer with an intelligence agency 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.
20 marks
"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.
15 marks
Even though Section 89 of the Code of Civil Procedure, 1908 provides for out of court settlement of civil disputes filed in a civil court, the impact of such settlement through Alternative Dispute Resolution (ADR) appears to be poor.: Analyse the reasons for failure to settle the disputes through ADK modes,
15 marks
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 party against the possibility of exploitation inherent in such contracts. Explain the modes of protection available to weaker party in a standard form contract.
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. Analyse the impact of trial by media on the administration of criminal justice in general and on the stakeholders in particular.
15 marks
"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 about seven decades.
15 marks
Discuss the importance of 'Right to life and personal liberty' with reference to recent case laws.
10 marks
Is 'Secularism' an essential feature of the Constitution of India? Explain in the light of decided case laws.
10 marks
Elucidate the scope of the appellate jurisdiction of the Supreme Court of India under the constitution with regard to Criminal matters..
10 marks
Explain the phenomenon of tribunalisation of justice in India.
10 marks
Briefly explain the grounds on which administrative actions can be subjected to judicial review.
10 marks
What is the position of the Governor in a State? Examine the Pardoning Powers of the Governor under the Constitution. Is Pardoning Power, subject to judicial review?
20 marks
In view of the importance of Panchayat Raj institution in local governance, do you think the idea of prescribing educational qualification to contest local body election is undemocratic and incoherent?
15 marks
Explain the significance of the rule of 'AUDI ALTERAM PARTEM' in administrative decision making and state the circumstances under which 'post decisional hearing' can effectively satisfy the mandate of natural justice.
15 marks
Evaluate the constitutional provisions relating to administrative relation between the Union and the State with special emphasis on inter-governmental delegation of administrative power.
20 marks
Discuss the law relating to the powers of Parliament and State Legislatures to punish a person for breach of their privileges.
15 marks
Discuss the circumstances under which 'Financial Emergency' can be proclaimed by the President of India and effects thereof.
15 marks
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 basic features of the Constitution?
20 marks
Examine the powers and role of Election Commission of India in conducting free and fair election.
15 marks
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.
15 marks
What are the theories relating to relationship between International Law and Municipal Law? Elaborate.
10 marks
What are the factors that govern the recognition of insurgency and belligerancy?
10 marks
Does the International Court of Justice (ICJ) have the competence to determine its own jurisdiction? Discuss with case law.
10 marks
Define 'hijacking' and discuss the main provisions of the Hague Convention, 1970.
10 marks
Comment on the provisions relating to prohibition of use of force and exceptions thereto under
Define 'high seas'. Discuss in brief the provisions of the convention on high seas. Is freedom of fishing on high seas recognized?.
20 marks
The Dispute Settlement Body (DSB) of the World Trade Organisation (WTO) is playing an important role in maintaining the stability of the global economy. Comment.
15 marks
Enumerate the various methods of Peaceful Settlement of International disputes. Elaborate on judicial settlement.
15 marks
What do you mean by "human environment'? Discuss the role of United Nations Organisation (UNO) in protecting and improving the human environment.
20 marks
Define 'Nationality'. What are the modes of acquisition and loss of nationality? What is the: position of nationality of married women?
15 marks
Discuss the provisions relating to amendment and modification of treaties under the Vienna Convention on Law of Treaties, 1969..
15 marks
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?
20 marks
Discuss the scope of right of asylum under International Law and explain 'territorial' and "extra-territorial' asylum.
15 marks
Elucidate the fundamental principles of International Humanitarian Law as envisaged under International Conventions.
15 marks
"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.
In all robbery, there is either theft or extortion. Explain.
"The object of the Protection of Civil Rights Act, 955 is to abolish untouchability." Discuss.
"Law of torts is said to be a development of the maxim 'Ubi jus ibi remedium'." Discuss the statement.
Explain 'necessity' as a defence for the liability of tort and also mention the classes of necessity. where it is very difficult to distinguish precisely the part taken by each individual in criminal act." While examining the rationality of this Section, support the answer with the help of decided cases.
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.
15 marks
When, under the law of torts even using reasonable care, is a person liable for the tort of negligence? Discuss.
20 marks
"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.
20 marks
When is principal not liable for the torts committed by his servant? Discuss.
15 marks
Mention the defences of tort 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.
15 marks
"Consumer Protection Councils also play a very important role in consumer protection." Examine the statement and elaborate the objects, composition and functions of the Central, State and District Consumer Protection Councils.
20 marks
"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.
15 marks
Explaining the concept of 'no liability', mention the Indian Acts in which this concept has been incorporated. legal provisions and decided cases
15 marks
"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.
"Public policy is like an 'unruly horse' which cannot be controlled easily." Explain the statement and mention the agreements which are against public policy.
"Right to stoppage of goods in transit starts when right to lien ends." Discuss.
Discuss the various defences which can be pleaded by the defendant in an action for infringement of copyright under the Copyright Act, 1957.
When does the infringement of trademark occur? Discuss the essentials of infringement of trademark. Write down the acts not constituting infringement of registered trademark.
Discuss the constitution, jurisdiction, powers and authority of National Green Tribunal. How far has it been successful in achieving its objectives? Explain with the help of recent cases.
20 marks
"Revocation of proposal is death of the proposal." Explain the statement and mention the manners of revocation.
15 marks
Explain 'holder' and 'holder in due course', and distinguish between the two. Also discuss their rights. troublesome knot of Common Law doctrine of awarding damages." Discuss the statement.
15 marks
"Public interest litigation has played a very crucial role in protection of environment in India." Elucidate and illustrate with the help of decided cases.
15 marks
"Notwithstanding transparency of governance, certain informations have been exempted from disclosure under the Right to Information Act, 2005." Discuss the relevant provisions and limitations on disclosure of information.
15 marks
Under the Indian Contract Act, 1872, when is a contract deemed to be entered into by the parties? Discuss.
20 marks
"An invention has to satisfy certain conditions in order to get a patent." Examine critically the statement.
15 marks
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.
15 marks
Explain the concept of 'Federalism' as incorporated in the Indian Constitution.
10 marks
"The procedure adopted for amending the Constitution is unique; it is not rigid yet difficult." Elaborate.
10 marks
The rule against bias strikes at such factors which may improperly influence in arriving at a decision. Comment.
10 marks
What do you understand by the term 'Eminent Domain'? Discuss its relevance in the present-day context.
10 marks
Discuss the relationship between 'Fundamental Rights' and 'Directive Principles of State Policy' in the light of the constitutional amendments and decided cases.
10 marks
Discuss the legislative powers of the Union and States as provided in the Constitution on the basis of subjects and territory.
20 marks
Discuss 'Residuary Powers' of the Parliament to legislate.
15 marks
"The need for administrative rule making entails delegated legislation." Comment.
15 marks
Briefly enumerate the executive powers of the President, especially when two or more States are involved in non-observance of an inter-State agreement.
While discussing the underlying principle of the 99th Amendment Act, 2014, comment on the present system of appointment of judges to the Higher Judiciary in the country.
20 marks
Discuss the powers and tunctions ot the Union Public Service Commission. Also explain how it has maintained its impartiality.
"The 'Rule of Law' is based on the principle of legality and is opposed to exercise of arbitrary powers." Discuss. Explain whether failure to give reasons amounts to exercising power arbitrarily.
20 marks
The role of 'Ombudsman' is to correct the administrative faults which are troubling the rights of a person in view of proliferation of trading entities. Discuss.
15 marks
""The Policy and Guideline Theory' presupposes delivery of justice by quasi-judicial authority." Elaborate it.
15 marks
Discuss the nature and basis of International Law.
10 marks
Discuss the status of individual in International Law especially with respect to Human Rights Treaties.
10 marks
A treaty is void if it conflicts with an existing or new or emerging peremptory norm of International Law or 'jus cogens' at the time of its inclusion. Comment.
10 marks
Discuss whether the trend of convention providing a special clause prohibiting all kinds of reservations or some or specific or special kind of reservation or prohibiting reservations totally will hinder the growth of International Law.
10 marks
International Law evidences the evidentiary theory of recognition. Discuss.
10 marks
Discuss how International Law becomes part of the law of the land in India. In case of conflict between the International Law and Municipal Law, which one would be applied by the Municipal Courts of this country? Explain.
20 marks
Can India invoke the India-UK Mutual Legal Assistance Agreement for extraditing an Indian national who has run away to UK in spite of an Indian Court order in respect of fraud and money laundering against him? Explain.
15 marks
What are the essential differences between the International Humanitarian Law and International Human Rights Law? Explain.
15 marks
Discuss the legal regime of 'right of innocent passage' through the territorial waters (including international straits) of a State.
20 marks
Discuss the law of delimitation of the continental shelf of a State including the continental shelf common to two or more States.
20 marks
Discuss the functions, powers and jurisdiction of the International Tribunal for the Law of the Sea (ITLOS) established under the UN Convention on the Law of the Sea, 1982.
10 marks
Discuss the constituent elements of an international rule of customary law with the help of cases
10 marks
Discuss, with the help ot relevant case law, various methods specitically mentioned under Chapter VI of the UN Charter to resolve international disputes peacefully. Also discuss the role of Security Council in this regard.
20 marks
Final words of Paris Agreement under the UNFCCC, 2015 was adopted unanimously by 195 countries. According to this Agreement, Nationally Determined Contributions (NDC) are to be reported every 5 years and are to be registered with UNFCCC Secretariat which will be 'progressive' depending upon the targets set by each country itself and therefore contributions have been made 'non-binding' as a matter of International Law and there will be a 'name and shame system' or 'name and encourage plan'. After explaining essential features, comment on the effectiveness of such an Agreement.
20 marks
"In determining the quantum of criminal liability, the law takes into account the motive, magnitude and character of the offender." Examine this statement in the light of absence of mens rea in statutory offences.
10 marks
"The Prevention of Corruption Act, 1988 prevents the public servants from misuse and abuse of their official capacity." Comment.
10 marks
"No fault liability rule has undergone a drastic change in the recent past." Comment.
10 marks
"Malice is not to be inferred merely from the acquittal of the plaintiff. The plaintiff must prove independently of the acquittal that his prosecution was malicious and without reasonable and probable cause." Comment.
10 marks
Critically examine the Code of Criminal Procedure (Amendment) Act, 2005 especially with reference to plea bargaining.
10 marks
Constitution insofar as it seeks to punish merely bad feelings against the Government. It is an unreasonable restriction on freedom of speech and expression guaranteed under Article 19(1)(a) and is not saved under Article 19(2) of the Constitution by the expression "in the interest of public order"." Comment.
20 marks
"Culpable homicide is not murder, if if is committed without premeditation, in a sudden fight in the heat of passion." Critically examine the statement with leading case law.
15 marks
"A man is not criminally responsible for unintended and unknown consequences of his lawful acts performed in a lawful manner, by lawful means with proper care and caution." Elucidate.
15 marks
"Harm suffered voluntarily does not constitute a legal injury and is not actionable." Elaborate along with its limitations.
20 marks
Direct evidence of negligence, however, is not always necessary and the same may be inferred from the circumstances of the case." Elucidate with cases.
15 marks
"It is immaterial whether the defendant intended the defamatory statement to apply to the plaintiff or knew of the plaintiffs existence if the statement might reasonably be undersluoud by those who knew the plaintiff, to refer to him." Elucidate with case law.
15 marks
"Provisions of the Consumer Protection Act, 1986 shall be in addition to and not in derogation of the provisions of any other law for the time being in force." Critically examine the statement.
15 marks
"The law making conspiracy a crime is designed to curb immoderate power to do mischief which is gained by a combination of the means." Explain.
15 marks
"Every confinement of the person is an imprisonment, whether it be in a common prison or in a private house, or in the stocks or even by forcibly detaining one in the public streets." Explain with the help of case law.
20 marks
"An offer is to an acceptance what a lighted match-stick is to a train of gunpowder. It produces something which cannot be recalled or undone" — Anson. Explain.
"Every contract contains a 'core' or 'fundamental obligation' which must be performed. If one party fails to perform this fundamental obligation, he will be guilty of a breach of contract whether or not any exempting clause has been inserted which purports to protect him." Critically examine the statement with case law.
10 marks
"In determining whether a group of persons is or is not a firm, or whether a person is or is not a partner in the firm, regard shall be had to the real relations between the parties, as shown by all relevant facts taken together." Comment.
10 marks
A owed B = 1,000, but the debt is barred by the Limitation Act, 1963. Subsequently A signs a written promise to pay ¥ 1,000 on account of the previous debt. Decide the validity of this agreement.
10 marks
"Every sole maker, drawer, payee or endorsee, or all of joint makers, drawers, payees, or endorsees, of a negotiable instrument may endorse and negotiate it." In the light of the above statement, distinguish between endorsement and negotiation and also explain different kinds of 'endorsements'.
10 marks
"The Right to Information Act, 2005 was enacted in order to promote transparency and accountability in the working of every public authority." How far has this goal been achieved by the Right to Information Act, 2005 in the last ten years? Critically analyse your answer with the support of exceptions and case law.
15 marks
"Though there is no law for media trial, however, in freedom of expression and speech under fundamental rights, media has the freedom to express its views based on evidence. This trial has no authority before the court of law." Critically examine the statement with case law.
15 marks
"There can be a mistake of identity only when a person bearing a particular identity exists within the knowledge of the plaintiff, and the plaintiff intends to deal with him only. If the name assumed by the swindler is fictitious, there will be no mistake of identity." Examine the statement with leading case law.
20 marks
Highlight the important amendments made in the Arbitration and Conciliation Act, 1996 by the Arbitration and Conciliation (Amendment)
"The revocation of agent's authority can be made by the principal subject to certain rules." Examine these rules in the light of protection to agent.
15 marks
"The rights of unpaid seller do not depend upon any agreement, express or implied, between the parties. They arise by implication of law." Elucidate.
20 marks
"The object of awarding damages for a breach of contract is to put the injured party in the same position, so far as money can do it, as if he had not been injured." In the light of the above statement, explain the various kinds of damages that the court can award. Also explain the rules relating to assessment of damages.
20 marks
Explain the salient features and your views on the Information Technology Act, 2000 as amended in 2008 by the Information Technology (Amendment) Act, 2008.
15 marks
2 1" frost fate & are ease St "The object of Public Liability Insurance Act, 1991 is to provide relief to tho victims of accidents in hazardous industries in addition to any other right to claim compensation." Explain with case law.
15 marks