Beruflich Dokumente
Kultur Dokumente
Roll No.
(In figures as per admission card)
1. (Signature)
(Name)
Roll No.
2. (Signature)
(Name)
J5 8 0 6
Time : 2 hours]
(In words)
PAPERIII
LAW
U U
1. U DU U S U UU U U
2. U U U,
U S U U
U U
3. U U U, -S U
U U -S
U U
(i) -S U U U U U
U U SUU-U S
SU U
(ii) U DU U U U -S DU
U U U U U U
S DU / U
UU U U
S SU U UUU
S U U -S U
U
-S U UQ
4. U U
6. U-S U
, U
U U U
7. U # U U-S U
UU U U #
U U U U
8. / U ZU S U
9. U (UU) U U
10. U U
J5806
P.T.O.
LAW
PAPERIII
-
III
NOTE :
This paper is of two hundred (200) marks containing four (4) sections.
Candidates are required to attempt the questions contained in these sections
according to the detailed instructions given therein.
(200) (4)
S
J5806
SECTION - I
UI
Note :
( 5)
(30)
( 5)
(5x5=25 )
The right under Article 30 of the constitution is not absolute. Any regulation framed in
the national interest must necessarily apply to all educational institutions, whether run
by the majority or the minority. Such a limitation must necessarily be read into Article
30. The right under Article 30 (1) cannot be such as to override the national interest or,
to prevent the government from framing regulations in that behalf. It is of course, true
that government regulations cannot destroy the minority character of the institutions
or make the right to establish and administer a mere illusion, but the right under Article
30 is not so absolute as to be above the law...... The Constitution in Part III does not
contain or give any absolute right. All rights conferred in Part III of the Constitution
are subject to at least other provisions of the said part. It is difficult to comprehend that
the framers of the constitution would have given such an absolute right to the religious
or linguistic minorities, which would enable them to establish and administer
educational institutions in a manner so as to be in a conflict with the other parts of the
constitution. It is difficult to accept that the establishment and administration of
educational institutions by the religious and linguistic minorities, no law of the land,
even the constitution, is to apply to them. Even though the words of Article 30 (1) are
unqualified. The supreme court has held that at least, certain other laws of the land
pertaining to health, morality and standards of education apply. The right under Article
30 (1) has, therefore, not even held to be absolute or above other provisions of the law.
By the same analogy, there is no reason why regulations or conditions concerning
generally, the welfare of students and teachers should not be made applicable in order
to provide a proper academic atmosphere as such provisions do not in any way interfere
with the right of administration or management under Article 30 (1)
30 C
M S
m S 30 M
30 (1) C
m
S C S S
J5806
P.T.O.
30
- - - - -
3
S S
S m S
S m
l 30 (1)
SS,
30 (1)
Z
30 (1) S
S
1.
Name the case-judgement from which above para is taken. Explain issue of the case?
SC
J5806
2.
3.
J5806
P.T.O.
4.
5.
What is the impact of Article 30 (1) on students and teachers of a religious or linguistic
miniority ?
30 (1) S ?
J5806
SECTION - II
UII
Note :
- (5-5) (15)
(30)
(5x15=75 )
6.
Briefy discuss the safeguards suggested by the Sarkaria Commission for checking the
misuse of Article 356 of the Indian Constitiution.
m 356 L
J5806
P.T.O.
7.
8.
J5806
9.
Laws are only instruments for serving the needs of society (Ihering). Explain in short
()
10.
J5806
P.T.O.
11.
A teacher in order to correct a pupil beats him in a manner not intended to injure him,
but the pupil dies. Discuss teachers liability
c c
12.
Define mens rea and discuss its contribution under Indian Penal Code.
J5806
10
13.
14.
What are the mechanisms to enforce the decisions of the International Court of
Justice ?
C ?
J5806
11
P.T.O.
15.
Discuss the constitutional validity of the decree for restitution of conjugal rights in the
light of decided cases.
S
16.
What are the effects of adoption ? Can a valid adoption be subsequently cancelled ?
? ?
J5806
12
17.
Critically examine the role played by United Nations Organisation in the development
of Human Rights?
C
18.
J5806
13
P.T.O.
19.
Explain relationship between doctrine of ultra vires and doctrine of indoor management.
s h h SC
20.
J5806
14
SECTION - III
UIII
Note :
This section contains five (5) questions from each of the electives /
specialisations. The candidate has to choose only one elective / specialisation
unit and answer all the five questions from it. Each question carries twelve
(12) marks and is to be answered in about two hundred (200) words.
(12x5=60 marks)
/ (5)
/
(12) ( 200)
(12x5=60 )
Elective - I
UI
21.
What are the federal features of Indian constitution ? Is it federal in its working ?
Explain.
? M ?
22.
Explain the concepts of equality before law and equal protection of the laws. Why
and how a classification is made ? Discuss.
?
23.
24.
Examine the restrictions and their reasonableness on freedom of speech and expression
S
25.
OR /
J5806
15
P.T.O.
Elective - II
II
21.
Principles of natural justice are insisted upon to enforce fair procedure. Explain.
R h SC
22.
The primary purpose of administrative law is to keep the powers of government within
the legal bounds.
g SC
23.
Remedies by way of write is a public law remedy and is subject to the discretion of the
court.
24.
25.
Severe substantive laws can be endured if they are fairly and impartially applied.
S c M
OR /
Elective - III
III
21.
22.
23.
A legal right is an interest recognised and protected by a rule of legal justice (Salmond).
Discuss.
m ()
J5806
16
24.
The movement of progressive societies has hitherto been a movement from status to
contract (Maine). Explain and critically evaluate this statement in the light of
globalisation and privatisation.
() SC
25.
OR /
Elective - IV
IV
21.
The scope of the principle of vicarious liability in criminal law is very limited. Explain.
h SC
22.
23.
Discuss different kinds of offences against marriage as provided under the Indian Penal
Code.
Mh
24.
25.
(a)
(b)
(a)
(b)
A L
A
OR /
J5806
17
P.T.O.
Elective - V
V
21.
22.
23.
Discuss the doctrines of polluter pays principle and precautionary principle. Refer to
decided cases.
h h
24.
Critically evaluate the role played by the judiciary in protecting the land resources in
India.
d m
25.
Right to a clean environment has become a fundamental right. Discuss the landmark
judgements in this area.
h
OR /
Elective - VI
VI
21.
22.
Briefly describe the measures taken at the International level relating to the promotion
of womens rights.
C S
23.
J5806
18
24.
25.
Trace the developments of the global Trade regime. How far this regime protects Indias
interests?
S S
OR /
Elective - VII
VII
21.
Discuss the nature and object of marriage under Hindu law and Muslim law in India.
Refer to recent case law.
S g
22.
Define adoption. What are the main essentials of adoption. Distinguish between religious
and secular adoption
23.
Discuss in detail Mutual consent as a ground of divorce under Hindu Law and Muslim
Law. Refer to recent case law.
S
24.
Examine the difficulties involved in the adoption of a uniform civil code in India.
-
25.
Discuss the liabilities of Muslim husband to maintain his divorced wife under Muslim
personal law. Refer to recent case law.
S S
l
OR /
J5806
19
P.T.O.
Elective - VIII
VIII
21.
Critically explain the concept of minorities under the International Human Rights
mechanism.
C M
22.
How far the United Nations succeded in achieving the concept of social justice in
removing gap between the rich and poor nations through Human Right
Jurisprudence ?
S C, C
# ?
23.
24.
Elucidate the attempts made at International level for the protection of the rights of the
Girl child.
C S
25.
OR /
Elective - IX
IX
21.
22.
The principle behind defamation law is to render the irresponsible remarks an expensive
passtime. Discuss.
h g SC
23.
J5806
20
24.
Consumer Protection Act, 1986 provides relief to consumers against defect in goods as
also deficiency in service. Discuss with the help of important cases.
, 1986 Lh
25.
Fault or mental element are nor relevant in determinimg tortious liability. Comment
OR /
Elective - X
X
21.
Critically examine statutory and judical treatment of property under the Sale of Goods
Act, stating effectiveness or otherwise of the law.
R S
,
22.
Critically evaluate principles of legal liability of partners interse and partners dealing
with third parties, discussing principles of agency applied to partnership.
h
h
23.
Explain legal nature of negotiable instruments as affecting banks, holders and receivers
of such instruments.
#
24.
Doctrine of indoor management is not only convenient , but also just. Explain and
elaborate.
h S
25.
Explain the legal position of Directors under section 2 (13) of the companies Act,
Independent Directors, Executive Directors, Government Directors and Directors
appointed by the court.
2 (13) C , S , ,
m S
J5806
21
P.T.O.
J5806
22
J5806
23
P.T.O.
J5806
24
J5806
25
P.T.O.
J5806
26
J5806
27
P.T.O.
J5806
28
J5806
29
P.T.O.
J5806
30
J5806
31
P.T.O.
SECTION - IV
IV
Note :
This section consists of one essay type question of forty (40) marks to
be answered in about one thousand (1000) words on any of the
following topics. This question carries 40 marks.
(40x1=40 marks)
(40)
, (1000)
(40x1=40 )
26.
Critically evaluate the state policy of reservations relating to employment and admission
in public and private sectors, including minority or majority educational institutions
receiving or not receiving government aid.
S #
, ,
OR /
Critically examine the judical contribution in prevention and control of environmental
pollution, so as to save human health with reference to international conventions.
SS C
OR /
Critically evaluate the Role of Supreme Court relating to the protection of women at
workplace. Why the Executive has failed to implement the Supreme Court guidelines
laid down in the Visakha Case ?
S
OR /
Discuss the circumstances in which a man is justified in committing acts which would
otherwise be offences.
S m
J5806
32
J5806
33
P.T.O.
J5806
34
J5806
35
P.T.O.
J5806
36
J5806
37
P.T.O.
J5806
38
J5806
39
P.T.O.
26
51
76
27
52
77
28
53
78
29
54
79
30
55
80
31
56
81
32
57
82
33
58
83
34
59
84
10
35
60
85
11
36
61
86
12
37
62
87
13
38
63
88
14
39
64
89
15
40
65
90
16
41
66
91
17
42
67
92
18
43
68
93
19
44
69
94
20
45
70
95
21
46
71
96
22
47
72
97
23
48
73
98
24
49
74
99
25
50
75
100
Marks
Obtained
Question
Number
Marks
Obtained
Question
Number
Marks
Obtained
Question
Number
Marks
Obtained
Question
Number
Marks Obtained
J5806
Date .............................
40