CBSE Sample Papers for Class 12 Legal Studies Set 1 with Solutions

Students must start practicing the questions from CBSE Sample Papers for Class 12 Legal Studies with Solutions Set 1 are designed as per the revised syllabus.

CBSE Sample Papers for Class 12 Legal Studies Set 1 with Solutions.

Time Allowed: 3 Hours
Maximum Marks: 80

General Instructions:

This question paper contains 4 sections- A, B, C, and D
(a) Section A- Multiple choice questions
(b) Section B- 2 marks
(c) Section C- 3 marks
(d) Section D- 5 marks
Internal choice is given in the paper, there is no overall choice.

Section – A (20 Marks)

Question 1.
Rahul cleared his five-year integrated program in BA LLB five years ago. When can he start practicing as an advocate? [1].
(a) Rahul can practice as an advocate as he has cleared the BA LLB exam.
(b) Rahul can practice as an advocate if he clears the All India Bar Examination.
(c) Rahul can practice law only after he does his LLM, as he cleared his LLB five years ago.
(d) Rahul can practice law after training with a senior Advocate-on- Record for one year.
Answer:
(b) Rahul can practice as an advocate if he clears the All India Bar Examination.

Question 2.
Whose services can be availed for by the Chairman of the legal services institution in cases of great public importance and where serious threats to the life and liberty of the applicant exist?[1].
(a) Advocate-on-Record
(b) Solicitor General
(c) Senior Advocate
(d) Retired Judge
Answer:
(c) Senior Advocate.

Question 3.
In what method of Alternative Dispute Resolution, the third party facilitates discussion but does not enter the arena of dispute either as a judge or a conciliator? [1].
(a) Conciliation
(b) Mediation
(c) Arbitration
(d) Negotiation
Answer:
(b) Mediation.

Question 4.
Four nations, India, the USA, the United Kingdom, and France enter into an international trade treaty. The Indian delegation’s provision consented to the treaty as the final cons will follow once the Indian Parliament votes in favor of the said treaty. Which method of consent is being followed by the Indian delegation? [1].
(a) Consent by signature
(b) Consent by exchange of instruments
(c) Consent by ratification
(d) No consent is required
Answer:
(c) Consent by ratification.

Question 5.
Rohit, aged 13 years, and Kartik, aged 20 years entered into a sale agreement wherein Rohit agreed to sell his farmhouse to Kartik for T5,00,000. After execution of the sale agreement, Rohit avoided the agreement of sale stating that the farmhouse is involved in litigation pending before the Hon’ble Delhi High Court and he cannot transfer the farmhouse. Aggrieved by this, Rohit and Kartik agreed to appoint a mediator to resolve their dispute. Given the dispute, which of the following statement is correct? [1].
(a) The dispute can be referred to arbitration as contractual disputes are best suited for arbitration.
(b) The dispute cannot be referred to mediation as claims against minors are excluded from the scope of mediation.
(c) The dispute can be referred to as mediation as property disputes are best suited for mediation.
(d) The dispute cannot be referred to mediation as the property is lis pendens.
Answer:
(b) The dispute cannot be referred to mediation as claims against minors are excluded from the scope of mediation.

Question 6.
Assertion (A) The salaries and allowances of judges are fixed and not subject to a vote of the legislature. Reason (R) Independence of judges is crucial to ensure the independence of the judiciary. [1].
(a) Both Assertion (A) and Reason (R) are, true and Reason (R) is the correct explanation of Assertion (A).
(b) Both Assertion (A) and Reason (R) are true, but Reason (R) is not the correct explanation of Assertion (A).
(c) Assertion (A) is true, but Reason (R) is false.
(d) Assertion (A) is false, but Reason (R) is true.
Answer:
(a) Both Assertion (A) and Reason (R) are true and Reason (R) is the correct explanation of Assertion (A).

Question 7.
Situation I A boy is sinking in the swimming pool of a resort. A man who is standing beside the pool does not make
any attempt to save this boy. Situation II A lifeguard on duty at a resort. A boy is sinking in the swimming pool of a resort. He does not make any attempt to save the boy sinking in the pool. Which of the following statements describes both situations? [1].
(a) In both situations there is actus reas though men’s rea is missing.
(b) In both situations none can be held liable for the criminal omission.
(c) Situation I shows moral omission, whereas Situation II shows illegal omission.
(d) The act of not doing anything does not accrue any criminal liability as actus rea is not there.
Answer:
(c) Situation I shows moral omission, whereas Situation II shows illegal omission.

Question 8.
Aman, a lawyer was suspended as he breached the rules laid down by the Bar Council of India. From the options given below, what misconduct may have led to his suspension? [1].
(a) He charged a contingency fee from his client in a land dispute.
(b) He negotiated with the opposite party through the opposing advocate.
(c) He refused to represent a client who insisted on adopting unfair means.
(d) He refused to appear in a matter where he was the witness.
Answer:
(a) He charged a contingency fee from his client in a land dispute.

Question 9.
Match the Articles with the corresponding Fundamental Rights.[1]

	Column 1	Column II
A.	Articles 14-18	(i) Right to Freedom
B,	Articles 19-22	(ii) Cultural and Educational Rights
C.	Articles 23-24	(iii) Right to Equality
D.	Articles 25-28	(iv) Right against Exploitation
E.	Articles 29-30	(v) Right to Freedom Religion

Codes

	A	B	C	D	E
(a)	(i)	(ii)	(iii)	(iv)	(v)
(b)	(iv)	(i)	(ii)	(v)	(iii)
(c)	(iii)	(i)	(iv)	(v)	(ii)
(d)	(ii)	(iii)	(v)	(i)	(iv)

Answer:
(c) (iii) (i) (iv) (v) (ii)

Question 10.
International law is based on consent-based governance as states are not obliged to abide by it unless they expressly consent to a particular course of conduct. What is the exception to the above rule of consent requirement? [1]
(a) Ergaomnes
(b) Jus cogens
(c) Stare decisis
(d) Treaties
Answer:
(b) Jus cogens.

Question 11.
Statement I The intentional tort of battery occurs when the defendant causes the touching of the claimant with the intent to cause harm or offense. Statement II The act of touching doesn’t necessarily have to be done with the defendant’s hands always. [1]
(a) Both statements are true
(b) Both statements are false
(c) Statement I is true and Statement II is false
(d) Statement I is false and Statement II is true
Answer:
(a) Both statements are true.

Question 12.
Which court in India can designate an advocate as a Senior Advocate? [1].
(a) High Court only
(b) Supreme Court only
(c) Supreme Court or any of the High Courts
(d) District Court only
Answer:
(c) Supreme Court or any of the High Courts.

Question 13.
Jatin, a resident of Computer was visiting the neighboring city of Malikgarh, where he was prevented from entering a public park by the local authority as he did not belong to Malikgarh. Which fundamental right of Jatin has been violated? [1].
(a) Article 14
(b) Article 15
(c) Article 1 7
(d) Article 32
Answer:
(b) Article 15

Question 14.
Assertion (A) When the defendant carries out or keeps an unusually hazardous situation or activity on his or her building premises or involves an activity that offers an inevitable danger of injury to the claimant or his or her property, the defendant could be responsible for the damage caused. [1].
Reason (R) The liability arises due to the violation of the principle established under Donoghue v. Stevenson.
(a) Both Assertion (A) and Reason (R) are true and Reason (R) is the correct explanation of Assertion (A).
(b) Both Assertion (A) and Reason (R) are true, but Reason (R) is not the correct explanation of Assertion (A).
(c) Assertion (A) is true, but Reason (R) is false.
(d) Assertion (A) is false, but Reason (R) is true.
Answer:
(c) Assertion (A) is true, but Reason (R) is false.

Question 15.
Given below are the different stages in the development of the legal aid movement in India. Arrange them chronologically. [1].
(i) Article 39A was inserted by the 42nd Amendment Act of the Indian Constitution.
(ii) The Committee on National Implementation of Legal Aid was constituted with Justice Bhagwati as its head.
(iii) The Union Government initiated the national legal aid scheme which faced financial shortages and died a natural death.
(iv) The Union Government constituted a committee under the chairmanship of Justice Krishna Iyer to develop a legal aid scheme for states.
(a) (i), (ii), (iii), (iv)
(b) (i), (iii), (ii), (iv)
(c) (iii), (iv), (i), (ii)
(d) (iv), (iii), (ii), (i)
Answer:
(c) (iii) (iv) (i) (ii)

Direction (16-20) Read the excerpt from the decided case of Laman Shukla v. Gauri Dutt and answer the questions that follow Section 4 of the Indian Contract Act states that the communication of a proposal is complete when it comes to the knowledge of the person to whom it is made. In Salman’s case, the defendant’s nephew absconded from home. The plaintiff who was the defendant’s servant was sent to search for the missing boy. After the plaintiff had left in search of the boy, the defendant issued handbills announcing a reward of ₹ 501 to anyone who might find out about the boy.

The plaintiff who was unaware of this reward was successful in searching for the boy. When he came to know of the reward, which had been announced in his absence, he brought an action against the defendant to claim this reward. It was held that since the plaintiff was ignorant of the offer of reward, his act of bringing the lost boy did not amount to the acceptance of the offer and therefore he was not entitled to claim the reward.

Question 16.
Identify the nature of the offer made in the case given above.[1].
(a) Legal offer
(b) Specific offer
(c) General Offer
(d) It was not an offer for Lalman
Answer:
(c) General Offer.

Question 17.
What is the first step in the formation of a contract? [1].
(a) Acceptance
(b) Intention
(c) Offer
(d) Consideration
Answer:
(c) Offer.

Question 18.
When is the communication of the offer complete? [1].
(a) When it is accepted.
(b) When it has a consideration.
(c) When it comes to the knowledge of the person to whom it is made.
(d) When the person to whom it is made has the capacity to enter into a valid contract.
Answer:
(c) When it comes to the knowledge of the person to whom it is made.

Question 19.
What happens when an offer is accepted? [1].
(a) Contract
(b) Agreement
(c) Legal relationship
(d) Proposal
Answer:
(b) Agreement.

Question 20.
How is this judgment contradictory to the Carlill v. Carbolic Smokeball Company Case? [1].
(a) No intention to enter into a legal relationship
(b) The need for acceptance of the offer was emphasized
(c) Knowledge of the offer is important
(d) There was the intention to enter into the legal relationship
Answer:
(b) The need for acceptance of the offer was emphasized.

Section-B (16 Marks)

Question 21.
Neha and Rani are good friends and have also completed a degree in law. As a fresh graduate, Neha is keen to contribute to policy-making and Rani wants to specialize in commercial and economic laws. Mention the fields that they can specialize in. [2].
Answer:
Neha can apply for LAMP while Rani can practice transactional law.

Question 22.
Is legal aid in a criminal trial a privilege or a duty of the magistrate? Analyze, give the related legal provisions, and decided case law.[2].
OR
Maneka Gandhi v. Union of India provided clarity on what procedure established by law meant under Article 21 of the Indian Constitution. Explain the observation of the court in context with the adversarial system of justice dispensation in India.
Answer:
Section 340(1) of the Code of Criminal Procedure, 1 898, provided that if a man was charged with an offense punishable with death, the court could provide him with counsel upon his request. In Tara Singh v. State(1951 AIR 441), it was interpreted as a privilege rather than a duty of the magistrate. Section 304(1) provides that “in a trial before the sessions judge if the accused has not sufficient means to engage a pleader, the court should assign a pleader for his defense at the expense of the State.” So, under the present-day scenario, it is the duty of the court

In the adversarial system, fairness requires legal representation. The creation of equal opportunity for accessing the courts is a dimension of the equality clause in Article 14. Denial of opportunities in public employment or education to different classes is not the only occasion when considerations about retaining equality go missing; the inadequacy of the legal system to provide an effective forum to the
indigent in another.

Question 23.
A violent clash took place between the security forces of Aramgarh and Manipur over a border dispute, which claimed the lives of six Aramgarh police personnel and injured dozens of others. The government informed the Parliament that there were a total of seven inter-state border disputes at present in the country.
(i) Which institution is authorized to resolve such disputes?
(ii) Mention the constitutional provision under which it can intervene.[2].
Answer:
(i) The Supreme Court of India is the institution that is authorized to resolve such disputes.
(ii) Original Jurisdiction under Article 131 of the Constitution.

Question 24.
Raman and Mohit entered into a contract where Raman promises to supply 20 bags of sugar to Mohit, a sweet shop proprietor, on 5th September 2021. The sugar was to be supplied by 15th September 2021. The mode of transport available to their places is roadways only. A landslide happened on 7th September 2021 and the connecting road was completely damaged and could not be repaired within 15 days. Raman offered to supply the sugar by 25th September 2021. Mohit refused to accept the sugar. Raman filed a claim for ₹ 10,000 on Mohit for refusal of the order.
(i) Identify the mode of discharge of this contract.
(ii) What remedy is available to Raman? [2].
Answer:
(i) Discharge by the impossibility of performance.
(ii) Raman cannot claim any damages as the contract was discharged due to the impossibility of performance.

Question 25.
India is expected to liberalize the legal sector under the General Agreement on Trade and Services (GATS) and other free trade agreements. In light of this, evaluate the judgment of Bombay and Madras High Courts. [2].
Answer:
Bombay HC Foreign firms could not be allowed to set up liaison offices in India.
Madras HC Foreign lawyers can practice in India on a fly-in and fly-out basis.

Question 26.
How has the Judiciary limited the power conferred on the Parliament by Article 368 of the Indian Constitution?[2].
Answer:
Article 368 confers power to the Parliament to amend the Constitution Article 1 3(2) limits Parliament’s amending authority in matters of fundamental rights. In order to overcome this restriction, in 1971, the Parliament adopted the 24th Amendment to the Constitution altering Articles 1 3, and 368 in a way that allowed itself unlimited powers of amendments including the authority to amend the fundamental rights provisions. The landmark 1973 Supreme Court case of Keshavanda Bharathi v. State of Kerala discussed the question about the unlimited constitutional amendment powers of the Parliament and established the doctrine of the basic structure or feature of the constitution.

Question 27.
‘The prosecution in a criminal trial must meet quite high standards and it is not enough for the prosecution to only assert that the accused has committed the offense.’ Comment with reasons [2].
Answer:
Most accused persons do not lead defense evidence in India. One of the major reasons for this is that in India, the burden is cast on the prosecution to prove the offense and the degree of proof required in a criminal trial is “proof beyond a reasonable doubt. The judge must be convinced beyond reasonable doubt that it was in fact the accused who committed the offense.

Question 28.
The constant tussle between the executive and judiciary over the appointment of judges led to the development of a new system for the appointment of judges.
(i) Identify the system.
(ii) Why does this system invoke skepticism
OR
Covid Pandemic has brought a paradigm shift in the way people perceived information technology. Schools and colleges all adopted online mode. This gave rise to instances of cybercrimes. Cyberbullying, body shaming, and hacking stalking became very common. The ca
of suicide in teenagers increased. The concern was raised in the parliament as well. The President of India also sought the advice of the Supreme Court on the issue.
(i) Under which jurisdiction can the President seek the opinion of the Supreme Court?
(ii) On what grounds can the Supreme Court refuse to provide its opinion?
Answer:
(i) Collegium System
(ii) The collegium system is not constitutionally mandated.

(i) Advisory jurisdiction, Presidential Reference
(ii) If it is socio-economic or political in nature.

Section -C (24 Marks)

Question 29.
Rohit has a Saving Bank Account with Zono Bank. Being an employee of TTS Co. Ltd., his salary and other allowances were being directly credited to his account with the bank. He alleged that the bank had issued a checkbook without his knowledge to someone else and had passed cheques that were not drawn by him. The total amount so fraudulently withdrawn from his account amounted to ₹ 100,000. [3].
(i) Identify the agency he can approach for the redressal of his grievance.
(ii) State its functions.
Answer:
(i) Chief Vigilance Officer/Ombudsman can be approached by Rohit for redressal of his grievance.
(ii) Functions of Chief Vigilance Officer include
(a) To investigate complaints and attempt to resolve them, usually through recommendations (binding or not) or mediation.
(b) To identify systemic issues leading to poor service or breaches of people’s rights.

Question 30.
Monali has set up a legal firm in partnership with Pranoy. They have engaged Creative Web Designers to create a web page for their firm.
(i) Enlist the information that can be put up by them on the internet.
(ii) Whose permission is to be taken by Monali and Pranoy for publishing any information in the public domain? [3].
Answer:
(i) The information that can be put up on the Internet includes
(a) Name of the firm
(b) Contact details
(c) Areas of practice
(d) Details of enrolment with bar
(e) Professional and Academic qualifications
(ii) Bar Council of India.

Question 31.
Mr. Mahavir is physically and mentally harassed by his son and daughter-in-law and wishes to file a case against them under the Indian Penal Code. He is a senior citizen and runs a small tea stall for his survival. He approaches the Delhi district legal services authority for help.
(i) What kind of help can be provided by the Delhi district legal services authority?
(ii) Will the Delhi district legal services authority be able to help Mr. Mahavir? Give a reason for your answer. [3].
Answer:
(i) the following kind of help can be provided by the Delhi District Legal Services Authority
(a) Pre-litigation services
(b) Post-litigation services
(ii) Delhi district legal services authority is able to help Mr. Mahavir only if he can satisfy the authority that his income is less than ₹ 9,000 per annum. Otherwise, there is no provision for legal aid for senior citizens.

Question 32.
In the given scenarios, how can international law be applied in domestic legislation in India? State the relevant case laws.
(i) India is a party to an international agreement to stop taking out oil from particular species pf trees to prevent forest fires. This restricts the right of trade of certain villagers.
(ii) India is a party to an international convention relating to discrimination against women. Indian courts created legally binding obligations regarding sexual harassment.
(iii) In this case the Supreme Court held that India had ratified conventions regarding the protection of children and this placed an obligation on the State Government to implement these principles. [3].
Answer:
(i) Indian parliament needs to pass domestic legislation. Case-Magan Bhai Patel v. UOI.
(ii) Indian courts used the provisions of CEDAW (Convention on the elimination of all forms of discrimination against women) to create legally binding obligations regarding sexual harassment. Case Vishaka v. State of Rajasthan.
(iii) The Supreme Court held that India had ratified conventions regarding the protection of children and this placed an obligation on the State Government to implement these principles. This was a case in which there were no contradictory laws and as they were supplementing the law already in force the court held that the treaty could be applied directly to Indian law. Case Barse v. Secretary Children’s Aid Society.

Question 33.
Article 21 of the Indian Constitution provides that a person can be deprived of his/ her ‘right to life or personal liberty only by the procedure established by law. Elucidate the above statement with the help of an example [3].
Answer:
Article 21 states that ‘‘No person shall be deprived of his life or personal liberty except according to the procedure established by law.” The second part of the article describes how one’s right to life and personal liberty can be taken away. A person can be deprived of his or her ‘right to life or personal liberty only by a procedure established by law. This means that any law that limits or takes away one’s right to life and personal liberty must contain a procedure that is fair and reasonable and not arbitrary.

e.g. the Indian Penal Code prescribes the death penalty for certain crimes. This involves established procedures, the death penalty is awarded only in the ‘rarest of rare cases, and there should not be any delay in executing the prisoner waiting in death row. Also, the Indian Penal Code allows for appeal where the waiting period is longer than five years.

Question 34.
In the famous 1987 case of MC Mehta v. Shri Ram Foods and Fertiliser Industries, Justice RN Bhagwati, developed a new principle evolving from the concept of strict liability.[3].
(i) Identify the new principle.
(ii) Against whom is the principle applicable?
(iii)Under what conditions can this principle be applied?
Answer:
(i) Absolute liability
(ii) Enterprise, which is engaged in a hazardous or inherently dangerous industry, which poses a potential threat to the health and safety of the persons working in the factory and residing in the surrounding areas.
(iii) On account of hazardous or inherently dangerous activity in which it is engaged must be conducted with the highest standards of safety and if any harm is done on account of such activity, the enterprise must be absolutely liable to compensate for such harm and it should be no answer to the enterprise to say that it had taken all reasonable care and that the harm occurred without any negligence on its part.

Question 35.
The concept of independence and Impartiality of the Indian Judiciary must be studied in conjunction as they aim at achieving the same goal of maintaining judicial integrity in the democratic process of the country. Comment [3].
Answer:
The independence of the judiciary is ensured and maintained by the Constitution. The theory of ‘constituent mechanism1 of independence of judiciary defines the judiciary’s independence in terms of the independence of its judges. Independence of the judiciary and impartiality of judges exist as two distinct concepts the former referring to the institution, and the latter referring to its constituent actors. The concept of impartiality of judges can be understood within the broad framework of the independence of the judiciary. These concepts must be studied in conjunction as they aim at achieving the same goal of maintaining judicial integrity in the democratic process of the country.

Question 36.
Identify the provision for legal aid under the Indian Constitution. What does the judgment of M.H. Hoskot v. State of Maharashtra state about legal aid services in India?
OR
Explain legal aid in the context of social justice and human rights in India. [3].
Answer:
The 1976 amendment of the Constitution inserted Article 39-A in the Constitution entrusts the State with the responsibility to secure that the operation of the legal system promotes justice, on a basis of equal opportunity. Also, the State shall provide free legal aid, by suitable legislation or schemes or in any way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

In the M H Hoskot case, the court observed Judicial justice, with procedural intricacies, legal submissions, and critical examination of evidence, leans upon professional expertise; a failure of equal justice under the law is on the cards where such supportive skills are absent for one side.

In order to do social justice to them and to make human rights meaningful, legal aid becomes essential. Human Rights which cannot be enforced due to poverty are meaningless and worthless. A right to access to justice is sine-qua-non for social justice. Access to justice itself is one of the most basic human rights, and without it, the realization of many other human rights may become difficult.

Indeed, the right to access justice or Legal Aid is evolved by judicial creativity for the benevolence of poor persons. Now, neither is it possible nor is it proper to isolate the right to legal aid from the range of human rights. The right to legal aid enables the accomplishment of these human rights and makes them worthwhile for the poor masses in the world.

Section-D (20 Marks)

Question 37.
A matter relating to the right to fisheries over high seas arose between two neighboring countries of Travia and Gastonia. The matter is pending before the International Court of Justice (ICJ).
(i) State the most authoritative source of international law.
(ii) Explain the jurisdiction of ICJ.
(iii) Mention any other two dispute resolution mechanisms available to Travia and Gastonia. [5].
Answer:
(i) Article 38(1) of the Statute of International Court of Justice.
(ii) The court may have jurisdiction to decide cases in which the parties agree to appear before the court, on their own behest, and agree to be bound by the decision of the ICJ. The court may also be a forum if provided for in a treaty between parties and in certain cases, it is compulsory to refer to the court with regard to certain disputes. The court may also give advisory opinions under Articles 65-68 of the Statute of the ICJ to countries. These are not binding but are merely referrals to the ICJ to understand the point of law on the matter.
(iii) Treaties often employ mediation, arbitration and other, such dispute resolution mechanisms to arrive at an agreeable decision.

Question 38.
Describe the evolution of the Right to Education from a policy goal to a Fundamental Right. [5].
OR
(i) Differentiate between Fundamental Rights and Directive Principles of state policy on any three grounds.
(ii) How can the status of Directive Principles of State Policy be changed? Explain with the help of an example.
Answer:
The evolution of the Right to Education from a policy goal to a fundamental right can be described through the following points
(i) Prior to 2002, the Indian Constitution considered elementary education for children between the ages of six and fourteen as a policy goal provision in the Directive Principles of State Policy.
(ii) In 1992-93, however, the Supreme Court affirmed that depriving one of education amounts to depriving one’s right to life.
(iii) elementary education was raised to the status of fundamental right from that of a policy goal (directive principles) and hence enforceable.
(iv) In 2002, Article 21 A providing the right to elementary education was created as a fundamental right.
(v) Article 21 A states that The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.’ This article provides for the right to education to all between the age of six and fourteen and obligates the State to implement this.

Basis	Fundamental Rights	Directive Principles of State Policy
Meaning	Basic rights guaranteed by the	Guiding principles of governance for
	Constitution to all the citizens	the State
Nature	Political and civil in nature	Socio-economic in nature
Enforceability	Enforceable under Article 32,226 in case of any violation	Not enforceable.

(ii) Supreme Court has raised the status of many provisions of directive principles to that of fundamental rights by suggesting they violate one’s right to life (Article 21). Elementary education for children between age six and fourteen was a policy goal provision in the Directive Principles of State Policy, which the Supreme Court raised to the status of a fundamental right affirming that depriving one from education amounts to depriving one’s right to life (Article 21 Fundamental Right).

Accordingly, the right to education for ages six to fourteen is now part of the fundamental rights chapter. Another prominent example is the right to livelihood, which is a directive principle often read with the right to life as a fundamental right. Supreme Court has often directed State to rehabilitate slum dwellers whenever they are evicted on grounds of encroachments. Eviction without rehabilitation closer to their work amounts to a violation of their right to livelihood and in turn the right to life.

Question 39.
‘The concept of Lok Adalat is an innovative Indian contribution to the global legal jurisprudence.’ Comment on the statement.
OR
In Konkan Railways Corp. Ltd. v. Mehul Construction Co., the Hon’ble Supreme Court affirmed that the Arbitration and Conciliation Act, 1996 was introduced in order to attract the ‘international mercantile community. Analyze the affirmation of the court. [5].
Answer:
The following points will help to understand the given statement
(i) A Lok Adalat has jurisdiction to settle any matter pending before any court, as well as matters at the pre-litigation stage.
(ii) Lok Adalat works on the principle of participation, accommodation, fairness, voluntariness, neighborliness, transparency, efficiency, and lack of animosity.
(iii) There is no court fee and even if the case is already filed in the regular court, the fee paW will be refunded if the dispute is settled at the Lok Adalat.
(iv) There is no strict application of the procedural laws and the disputing parties can directly interact with the judges.
(v) The decision of Lok Adalat is binding on the parties and its order is capable of execution through the legal process.

Articles 51 and 253 of the Indian Constitution specifically state that the State shall endeavor to ‘foster respect for international law and treaty obligations in the dealings of organized peoples with one another. The Indian Arbitration and Conciliation Act of 1996 is modeled on the UNCITRAL model law. The process of dispute resolution through arbitration is confidential, unlike the court proceedings which are open to the public.

This feature of arbitration makes it popular especially for commercial disputes where business secrets revealed during the process of dispute resolution are protected and preserved. Similarly, companies can maintain their commercial reputation, as they can prevent the general public or their customers from discovering the details of their ongoing legal disputes.

Question 40.
Explain the objectives that are widely accepted for the enforcement of criminal law.[5].
OR
Who can transfer property? Explain the ways in which an immovable property can be transferred.
Answer:
The following objectives are widely accepted for the enforcement of criminal law
(i) Retribution If a criminal has done wrong towards a person or property he needs to be given a penalty in a manner that balances out the wrong done.
(ii) Deterrence Criminal acts are penalized so as to deter individuals from repeating it or even entering into it in the first place.
(iii) Incapacitation The objective of this theory is to segregate criminals from the rest of society.
(iv) Rehabilitation Aims at transforming an offender into a valuable member of society. Its primary goal is to prevent further offense by convincing the offender that their conduct was wrong.
(v) Restoration The goal is to repair, through state authority, any injury inflicted upon the victim by the offender.

Any person who is competent to contract (person above 18 years of age, having a sound mind and not disqualified by any law in force) and authorized to dispose of property viz., owner of the property or any person authorized to sell the property, can make a transfer.

Following are the ways in which an immovable property can be transferred
(i) Sale It means a transfer of ownership (right to possess something) of the property in exchange for a price (money) (Section 54 of the TPA). The seller is the person who transfers the property and the buyer is the person to whom the property is transferred. The consideration in a sale is usually money.

(ii) Lease It is a transfer of the right to enjoy a property for a specific period of time in consideration of a price. The lessor is the person who lets out the property for lease or transferor, and the lessee is the person to whom the property is leased or the transferee in a lease. The lessee can also sub-let the lease and the relation between the lessee and the sub-lessee will be that of the lessor and lessee.

(iii) Exchange When two person transfer ownership of one thing for the ownership of another, it is called exchange (Section 118 of the TPA). Transfer of property by exchange can be made only by way of sale. The rights and liabilities of the parties to exchange shall be the rights and liabilities of the buyer to the extent of receiving and that of the seller to the extent of giving.

(iv) Gift A transfer of ownership of property that is made voluntarily and without consideration is called a Gift (Section 122 of the TPA). If the donee (the person to whom the gift is made) expires before accepting the gift, it becomes void.