Students must start practising the questions from CBSE Sample Papers for Class 12 Legal Studies with Solutions Set 2 are designed as per the revised syllabus.
CBSE Sample Papers for Class 12 Legal Studies Set 2 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.
Mumbai University was created under the mandate of a Central Legislation which specified that the university should open a bank account with the Karamchari Bank. This is a [1]
(a) Administrative legislative action
(b) Administrative judicial action
(c) Simply administrative action
(d) Purely administrative action
Answer:
(a) Administrative legislative action.
Question 2.
An armed thief entered Unnat’s house. To save himself and his belongings, Unnat pushed the thief which resulted in head injuries to the thief. Is Unnat’s act justified under criminal law? [1]
(a) Yes, causing injury under self-defense is not a crime.
(b) No, causing hurt intentionally is a crime.
(c) Yes, because the injury was not serious.
(d) No, he should have called the police.
Answer:
(a) Yes, causing injury under self-defense is not a crime.
Question 3.
Mr. Mehta, an activist lawyer, wrote a letter to a judge of the Supreme Court drawing his attention towards the need for political reforms having general elections around the comer where he insisted on a condition on the disclosure of the assets by the candidates. Which extraordinary jurisdiction empowers Mr. Mehta to move the court? [1]
(a) Public Interest Litigation
(c) Special Leave to Appeal
(b) Writ Jurisdiction
(d) Judicial Review
Answer:
(a) Public Interest Litigation.
Question 4.
Mr. Lai and his friend, Mr. Kumar entered into a partnership to carry on the business of creating digital products like print-on-demand posters, greeting cards, T-shirts, etc., and online courses. After a year of launching a successful partnership firm, creative differences and other issues arose between Mr. Lai and Mr. Kumar that created a rift between them. To help resolve their dispute, Mr. Borwanker, the Secretary of a Law firm, is facilitating Mr. Lai and Mr. Kumar to exchange ideas and give possible alternative solutions. Mr. Borwanker is resorting to which dispute resolution method? [1]
(a) Arbitration
(c) Mediation
(b) Negotiation
(d) Conciliation
Answer:
(c) Mediation
Question 5.
Arrange the following provisions in the order given in the Constitution. [1]
I. Right to Equality
II. Right to Constitutional Remedies
III. Cultural and Educational Rights
IV. Right against Exploitation
(a) I, IV, III, II
(c) I, IV, II, III
(b) I, II, III, IV
(d) II, IV, I, III
Answer:
(a) I, IV. III, II
Question 6.
This tort does not care about the intention or carelessness of the defendant when the defendant caused the injury. The defendant could be responsible for the damage caused even if the defendant has exercised reasonable care to prevent the harm. [1]
(a) Tort of negligence
(b) Tort of strict liability
(c) Tort of conversion
(d) Intentional tort
Answer:
(b) Tort of strict liability
Question 7.
A large number of persons had been carrying on the business of dyeing and printing in the Rajkot area for the last 25 years providing employment to about 30,000 families. From these business places, untreated dirty water was being discharged on the roads thereby causing damage to public health. A notice, therefore, was given to close this business till necessary measures to protect public health as provided under the environmental statutes were taken by those businessmen. [1]
(a) Notice can not be justified as it will cause loss of employment to 30,000 families.
(b) Notice can not be justified as it amounts to a violation of the fundamental right of the persons who have been carrying on the business for the last 25 years.
(c) The notice can not be justified on the grounds of damage to public health as the persons in that area have been voluntarily residing for a long and have become used to that environment.
(d) The notice can be justified as the right to business is not absolute and reasonable restriction can be imposed by law in the interest of the public.
Answer:
(d) The notice can be justified as the right to business is not absolute and reasonable restriction can be imposed by law in the interest of the public.
Question 8.
The situation I Mahesh refuses to give a sample of his blood after he is stopped by the police for driving over the speed limit. The police suspect him to be driving under the influence of alcohol, which is prohibited under the law. Situation II Vipul was convicted and punished for theft in 2020. In the year 2021, he is again arrested for the offense of theft. [1]
(a) Mahesh is protected by Article 20[3] in his refusal to give a blood sample in the situation I while Vipul is not protected in situation II.
(b) Mahesh is not protected by Article 20[3] as he was under the influence of alcohol while Vipul is protected in situation II.
(c) Mahesh is not protected by Article 20[3] in his refusal to give a blood sample since he is not accused of any offense yet while Vipul is protected in situation II.
(d) Refusal to give a blood sample is a crime and Mahesh must be punished for the same while Vipul is protected in situation II.
Answer:
(c) Mahesh is not protected by Article 20[3] in his refusal to give a blood sample since he is not accused of any offense yet while Vipul is protected in situation II.
Question 9.
A petition was filed in a High Court highlighting the plight of sewage cleaners working for the State Jal Board. It highlighted the problems of exposure to toxic fumes, suffocation, and accidental death while working. In this context, which of the following statements is applicable? [1]
(a) Fundamental duty has been breached by the State.
(b) Fundamental Rights cannot be enforced if the violation is not willful.
(c) Fundamental Rights can be enforced against the State through Public Interest Litigation.
(d) Directive Principles of State Policy are not enforceable judicially so no action.
Answer:
(a) Fundamental duty has been breached by the State.
Question 10.
In the city of Bheempur, all factories and mills were asked to submit complete data about their employees (both wage earners and salaried). Tajeshwar Chemical Works submitted the following data [1]
| No. Of | Age Group | Gender | |
| People | Male | Female | |
| 4 | 12 years to 14 years | 3 | 1 |
| 6 | 15 years to 18 years | 4 | 2 |
| 5 | 20 years to 30 years. | 3 | 2 |
| 5 | 31 years to 40 years | 3 | 2 |
- Salaries were paid according to Government provisions.
- The workers in the age group of 12 years to 14 years and 15 years to 18 years were compulsorily sent to a school run by Rajeshwar Chemical Works, after the working hours of the factory were over.
Rajeshwar Chemical Works was served a notice for the violation of Fundamental Rights. Choose the correct option that describes the situation of Rajeshwar Chemical Works
(a) No right has been violated as Rajeshwar Chemical Works was paying proper wages/salary to all its workers.
(b) Fundamental Rights under Article 24 have been violated as children under the age of 14 are working there.
(c) Fundamental Right under Article 14 has been violated as an equal number of males and females have not been employed.
(d) Fundamental Right under Article 19 has been violated as the workers in the age group of 12 years to 18 years were compulsorily sent to school every evening.
Answer:
(c) Fundamental Right under Article 14 has been violated as an equal number of males and females have not been employed.
Question 11.
Assertion (A) The Model Code of Professional Responsibility, 1969, and the newer Model Rules of Professional Conduct, 1983 have been adopted in 49 states, DC, and in the Virgin Islands. Reason (R) The only exception is the state of California. [1]
Alternatives
(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:
(b) Both Assertion (A) and Reason (R) are true, but Reason (R) is not the correct explanation of Assertion (A).
Question 12.
Assertion (A) For qualified lawyers coming from outside England and Wales, it is still possible to practice. Reason (R) The Solicitors Regulation Authority (SRA) does not impose any formal experience requirements in order to re-qualify as solicitors in England and Wales. [1]
Alternatives
(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 13.
Match the following. [1].
| Column I | Column II | ||
| A. | Sections 11A and 11B of the Legal Services Authorities Act | (i) | Criteria of eligibility for legal services and its procedure |
| B. | Sections 12 and 13 of the Legal Services Authorities Act | (ii) | Details of the High Court Legal Services Committee |
| C. | Section 8A of the Legal Services Authorities Act | (iii) | Permanent Lok Adalat |
| D. | Section 22A of the Legal Services Authorities (Amendment) Act | (iv) | Taluk Legal Services Committee. |
Codes
| A | B | C | D | |
| (a) | (iv) | (i) | (ii) | (iii) |
| (b) | (i) | (ii) | (iii) | (iv) |
| (c) | (iii) | (iv) | (ii) | (i) |
| (d) | (ii) | (i) | (iii) | (iv) |
Answer:
(a) (iv) (i) (ii) (iii)
Question 14.
Statement I All students are expected to join an Inn before commencing their Bar Professional Training Course. Statement II Notaries (civil law notaries) play an important role in the French legal system for conveyancing, probate, and related family matters. [1]
(a) Both statements are incorrect.
(b) Both statements are correct.
(c) Statement I is incorrect while Statement II is correct.
(d) Statement I is correct while Statement II is incorrect.
Answer:
(b) Both statements are correct.
Question 15.
In this case, the Indian courts used the provisions of the Convention on Elimination of all forms of Discrimination against Women, (CEDAW), to create legally binding obligations regarding sexual harassment. [1]
(a) Vishaka v. State of Rajasthan.
(b) Sheela Barse v. Secretary Children’s Aid Society.
(c) Maneka Gandhi v. Union of India.
(d) Magan Bhai Patel v. Union of India.
Direction Read the passage given below and answer the questions that follow from 16 to 20.Legal Principles related to Criminal Law.
I. Nothing is an offense that is done in the exercise of the right of private defense. Nothing is an offense that is done in madness.
II.Nothing is an offense if it is done in good faith for the purpose of preventing or avoiding greater harm or damage to a person or property.
III. Whoever takes away any moveable thing from the land of any person without that person’s consent is said to commit theft.
Answer:
(a) Vishaka v. State of Rajasthan.
Question 16.
Under the influence of madness, Sanjay attempts to kill Akshay. However, to save himself, Akshay kills Sanjay. Choose the appropriate option. [1]
(a) Sanjay has committed the offense of attempting to murder.
(b) Sanjay has committed the offense of being mad.
(c) Akshay has committed an offense.
(d) Akshay has not committed an offense.
Answer:
(b) Sanjay has committed the offense of being mad.
Question 17.
Vikas jumps into a river to save a girl from drowning. While pulling the girl from the water, Vikas was hit by Sandeep. Vikas left the girl in the water and attacked Sandeep. The girl died in the water. Choose the appropriate option, [1]
(a) Vikas has not committed the offense of killing the girl.
(b) Vikas has committed the offense of killing the girl.
(c) The girl has committed the offense of suicide.
(d)The girl has committed the offense of drowning.
Answer:
(a) Vikas has not committed the offense of killing the girl.
Question 18.
During Aman’s visit to the home of Ankur, he asks Pankaj, the son of Ankur, to accompany Aman to a forest. Neither Aman nor Pankaj informs Ankur in this regard. Pankaj accompanies Aman to the forest. Choose the appropriate option, [1].
(a) Aman has committed theft.
(b) Aman has not committed theft.
(c) Aman committed theft as soon as he entered the home of Ankur.
(d) Aman has not committed theft till Pankaj did not accompany him.
Answer:
(b) Aman has not committed theft.
Question 19.
A dishonestly puts bait for dogs in his pocket, and thus induces Z’s dog to follow it. [1]
(a) A has committed theft.
(b) A has not committed theft.
(c) Theft cannot be committed on dogs.
(d) None of the above.
Answer:
(a) A has committed theft.
Question 20.
Sachin tries to pickpocket Sorav, who has a loaded pistol in his pocket. Sachin’s hand touches the pistol and triggers it, resulting in the death of Sorav. Which of the following offenses has been committed by Sachin? [1]
(a) Sachin is guilty of causing Sorav’s murder.
(b) Sachin is guilty of culpable homicide by negligence
(c) Sachin is guilty of causing grievous hurt
(d) Sachin is guilty of pickpocketing
Answer:
(d) Sachin is guilty of pickpocketing.
Section-B (16 Marks)
Question 21.
Rachita is a student leader. She makes a hate speech targeting members of a certain community on the college premises. The college authorities stop her speech amid-way and Rachita accuses them of violating her fundamental rights.
(i) Identify which fundamental right applies in this situation.
(ii) State whether this restriction is justified. [2]
Answer:
(i) The fundamental right to freedom of speech is applicable in this situation.
(ii) This restriction is justified because it imposes reasonable restrictions on a person’s freedom of speech to ensure that the exercise, of rights by one person. does not hinder or exploit someone else’s rights.
Question 22.
Ken Surochi, the ex-President of Sakaya, is convicted of grave acts of brutality against his own citizens during a civil war.
(i) Identify the international institution which was set up to prosecute the accused in this instance.
(ii) List the major crimes that come under its jurisdiction [2]
Answer:
(i) International Criminal Court was the international institution that was set up to prosecute the accused in this instance.
(ii) The Court may exercise jurisdiction in a situation where genocide, crimes against humanity, or war crimes were committed on or after 1 st July 2002.
Question 23.
What is the concept of plea bargaining? [2]
Answer:
Plea bargaining refers to the negotiations between the prosecution and the defendant in which the defendant agrees to plead guilty in return for less harsh punishment than what is to be delivered normally.
Question 24.
A dishonestly puts bait for dogs in his pocket, and thus induces Z’s, dog to follow it. Which offense has A committed? [2]
Answer:
A has committed the offense of theft in this case by putting bait for dogs in his pocket which induced n Z’s dog to follow him.
Question 25.
There was a dispute between Ms. Abha and Mr. Mukul regarding the title and possession of the immovable property. The parties to the
dispute, out of their own free will appoint Mr. Ajay, a neutral third party to resolve their dispute. Mr. Ajay acted not only as an interventionist but also suggested potential solutions to the parties, in order to resolve their claims and disputes.
(i) State the role of Mr. Ajay as an Alternative Dispute Resolution (ADR) in the above situation.
(ii) Explain the ADR mentioned in the above situation. [2]
Answer:
(i) Mr. Ajay played the role of a mediator. Mr. Ajay will facilitate the mediation process in order to assist the parties in achieving an acceptable, voluntary agreement.
(ii) Mediation, as used in law, is a form of alternative dispute resolution resolving disputes between two or more parties with concrete effects.
Question 26.
A utility company digs up a section of the lawns of Mr. Prakash Raj to repair the telephone lines. Soon, his neighbor, Mr, Chaudhary, starts to grow tomatoes in the dug-up patch. Mr. Prakash requested Mr. Chaudhary to shift the plants to his kitchen garden but he refused to do so. Identify and explain the alternative dispute resolution technique that is best for the resolution of the dispute that ensues. [2]
Answer:
The method followed here is mediation. Mediation is a method of ADR in which parties appoint a neutral third party. This neutral third party facilitates the mediation process in order to assist the parties in achieving an acceptable, voluntary agreement. Mediation is premised on the voluntary will of the parties and is a flexible and informal technique of dispute resolution.
Question 27.
Arjun was arrested on the suspicion of having murdered his friend. He was produced before the Magistrate within 24 hours of his arrest. No concrete evidence could be presented by the police against Arjun. After being brought back from the court, he was taken into custody to make him confess his crime.
(i) Is the police justified in their action?
(ii) Which provision of Article 22 of the Constitution of India is being violated by the police? [2]
Or
State the provisions of preventive detention laws in India to which the safeguard of Article 22 does not apply.
Answer:
(i) In the given situation, the police have violated Article 22[2] of the Constitution.
(ii) Article 22[2] provides that no person can be detained in custody beyond the period of 24 hours without the authority of the Magistrate.
Or
One of the preventive detention laws to which the safeguard of Article 22 does not apply is the Maintenance of Internal Security Act of 1971. It was enacted during the Indira Gandhi administration, popularly known as the ‘emergency’, and many political opponents were detained without safeguards against arrest and detention, and other human rights.
Question 28.
State any two categories of legal practitioners that existed under British rule in India.
Or
Name the body responsible for regulating the minimum legal standards to be maintained by institutions that impart legal education in India. [2]
Answer:
Two categories of legal practitioners that existed under British rule were
(i) Attorneys Attorneys previously only referred to British attorneys or solicitors but now this definition is sometimes used to refer to advocates as well
ii) Solicitors Prior to the enactment of the Advocates Act, solicitors referred to British solicitors who were permitted to practice in the High Courts in pre-Independence India. Today, in the Bombay and Calcutta High Courts there is a separate class of legal practitioners, known as solicitors, who prepare the case but do not argue in court.
Or
The Bar Council of India (BCI) is envisaged under the Advocates Act as a body for regulating the minimum standards to be maintained by institutions imparting legal education in India.
Section -C (24 Marks)
Question 29.
Discuss the view of the Supreme Court on the use of loudspeakers for religious purposes. [3]
Answer:
On the issue concerning the use of loudspeakers for religious purposes, the Supreme Court has stated that “no religion prescribed that prayers should be performed by disturbing the peace of others nor does it preach that they should be through voice-amplifiers or beating of drums.
In the name of religion, nobody can be permitted to add to noise pollution or violate noise pollution norms. Even if there is a religious practice to use voice amplifiers, it should not adversely affect the rights of others including that of being disturbed in their activities. Noise Pollution (Regulation and Control) Rules, 2000 should be followed.”
Question 30.
Shubham is a minor who looks older than his age. Satyajeet is a major who enters into a contract with Shubham thinking that he is a major too. Later Satyajeet found that Shubham is a minor.
(i) Is the contract valid? Give reasons.
(ii) State the exception to the rule regarding capacity to contract by a minor as stated in the Indian Contract Act, 1872.
(iii) Who is competent to contract? [3]
Answer:
(i) As per the Indian Contract Act, of 1872, a contract entered into with a minor is void. In the given situation, the contract is void as Shubham is a minor. The fact that he looked older cannot validate the contract.
(ii) As per the Indian Contract Act, of 1872, a contract entered into with a minor is void in all cases except where the contract has been entered into for the benefit of the minor, e.g. a contract to provide essential supplies to the minor till he attains the age of 18.
(iii) Any person who is a major, has a sound mind, and is not disqualified from contracting under any law is competent to contract as per the Indian Contract Act.
Question 31.
Ayaan sees an expensive book belonging to Ayushi lying on a desk in school. Greed crept into Ayaan’s mind and he hid the book in the library after wrapping it in a piece of paper. His intention was to take the book home when the loss was forgotten. Stating the provisions of Section 378 of IPC, decide whether Ayaan is guilty of theft or not.
Or
Discuss the Indian case laws on Mens Rea. [3]
Answer:
According to Section 378 of IPC, “Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking is said to commit theft.”
Thus, to constitute the office of theft, the following conditions must be fulfilled
(i) Dishonest intention
(ii) To take any movable property
(iii) Out of the person’s possession
(iv) Without that person’s consent
(v) Actually moving that property
In the given situation, Ayaan had the dishonest intention of taking away Ayushi’s expensive book. The book was a movable property and he had moved the book without Ayushi’s consent. Thus, all the factors to constitute the offense of theft were fulfilled. Hence, Ayaan is guilty of the offense of theft.
Or
The rule of men’s rea has been reiterated by the Supreme Court of India in the State of Maharashtra v. Mayor Hans George, AIR 1965 SC 722. It was held in this case that, “Men’s rea by necessary implication can be excluded from a statute only where it is absolutely clear that the implementation of the object of a statute would otherwise be defeated and its exclusion enables those put under strict liability by their act or omission to assist the promotion of the law.
Further, in Kartar Singh v. State of Punjab, 1994 [3] SCC 569, the Supreme Court held that the element of men’s rea must be read into a statutory penal provision unless a statute either expressly or by necessary implication rules it out
Question 32.
Answer the following
(i) What do you understand about the concept of restoration?
(ii) Has men’s rea been explicitly defined in the IPC? [3]
Answer:
(i) This is a victim-oriented theory of punishment. The goal is to repair, through state authority, any injury inflicted upon the victim by the offender.
(ii) In India, the word men’s rea, as such, is not defined in the IPC, but its essence (presence) is reflected in almost all the provisions of the Code. For framing a charge for an offense under the IPC, the traditional rule of the existence of men’s rea is to be followed.
Question 33.
In a Continental European Country, only the legislature has the power to create laws and rules. Here the judge is allowed to decide the presentation of a specific form of evidence and the role of a judge is an active one in a way that he is even allowed to take an active part in the investigation. [3]
(i) To which system of adjudication does the judge belong?
(ii) State any one advantage and anyone disadvantage of the system of adjudication identified above.
Answer:
(i) The judge belongs to the adversarial system of adjudication.
(ii) One main advantage of an adversarial system include
(a) The use of cross-examination can be an effective way to test the credibility (genuineness) of witnesses presented.
The disadvantage of an adversarial system is
(a) The cost of the justice system falls upon the parties. This creates an in-built discrimination amongst the litigants. Parties with better resources are able to access justice by hiring competent lawyers and presenting sophisticated evidence which may not be immediately available for parties that lack these resources
Question 34.
(i) What is meant by ratification of the treaty?
(ii) Why is it initiated?
(iii) Why are customs a disputed source of international law? [3]
Answer:
(i) Ratification is simply understood to be the act by which a State establishes its consent to be bound by a treaty on the international plane. This was initiated as a measure to ensure that the representative who signed a treaty had due authority, by seeing whether the state agrees to ‘ratify’ the same.
(ii) Ratification differs from country to country but usually requires a sign that the state consents to follow the provisions of the treaty i.e. could be assent by the President of the State or require a vote of a majority in the legislature. In multilateral treaties, involving a number of countries, ratification is usually the most preferred method of expressing assent where one party collects the ratification of the others.
(iii) According to Article 38 of its Statute, the International Court of Justice ‘whose function is to decide in accordance with international law such disputes as are submitted to it,’ has to apply, inter alia, ‘international custom.’ This source of public international law is described, in the same Article, as ‘evidence of a general practice accepted as law.’ International customary law is probably the most disputed and discussed source of international law.
For example, it is not clear when a particular State practice becomes a legally binding State practice. It is also unclear how one can identify a rule of international custom, or how one can prove its existence.
Question 35.
(i) State any two features of NALSA regulations.
(ii) Which services are included in pre-litigation legal services? [3]
Answer:
(i) Some broad features of the regulation are as follows
(a) The legal services institution is vested with authority to invite applications from legal practitioners with requisite professional experience to indicate the types of cases they may be entrusted with.
(b) The regulations specify the rules regarding the payment of fees for panel lawyers which shall be in accordance with the state regulations without any delay on receipt of completion of proceedings for them.
(ii) The pre-litigation legal services include
(a) Legal Education
(b) Legal advice
(c) Legal Awareness
(d) Pre-litigation settlement
Question 36.
Examine the scope for qualified lawyers from outside England and Wales to practice in the UK. [3]
Answer:
For qualified lawyers coming from outside England and Wales, it is still possible to practice. The Solicitors Regulation Authority (SRA) does not impose any formal experience requirements in order to re-qualify as solicitors in England and Wales. Some law firms may express their own requirements which can differ from the SRA guidelines.
Candidates can take the Qualified Lawyers Transfer Scheme in order to qualify under this jurisdiction. Lawyers coming from EU Member States can rely on EU Directive 77/249 in this area. European lawyers can practice to the same level as they could in their own country. However, it is not possible to be a barrister and solicitor simultaneously.
Section-D (20 Marks)
Question 37.
In terms of the legal profession and legal education in the United Kingdom, explain the provisions to become the following.
(i) A Solicitor
(ii) A Barrister[5]
Answer:
(i) To become a solicitor, it is necessary to take the Legal Practice Course (LPC), which is a one-year full-time or two years part-time course. In some cases, students may be fortunate enough to have a training contract offer from a law firm at this stage. The LPC is a vocational course tailored to prepare students for a career in a law firm. Customarily, students will have completed at least one vacation scheme at a solicitors’ firm during their academic or vocational training, prior to applying for.a training contract.
Following the LPC, students must obtain a training contract; this is two years spent in an authorized training establishment, usually a solicitors’ firm, under the supervision of a training principal. Solicitors are organized through the Law Society of England and Wales. From negotiating with and lobbying the profession’s regulators, government, and others, to offering training and advice, the Society helps, protects, and promotes solicitors across England and Wales.
(ii) With far fewer spaces for potential barristers, this route is more competitive than that of a solicitor. Chambers often require first-class degrees from students. All barristers must be a member of one of the four Inns of Court (Lincolns Inn, Gray’s Inn, Middle Temple, and Inner Temple) as one can only become a barrister if one has been ‘called to the bar’ by an Inn of Court.
Before students can be ‘called to the bar’ by their Inn they are expected to complete 12 qualifying sessions at their Inn, which consist of collegiate and educational activities such as dinners, moots, lectures, and residential courses. The Inns can provide financial support through scholarships, as well as providing important help and advice to aspiring barristers.
Question 38.
(i) Explain the concept of separation of powers under the Indian Constitution?
(ii) How does it relate to the concept of checks and balances?
(iii) What are the advantages of having a system of separation of powers? [5]
Or
What are the different kinds of writs the Supreme Court can issue under Article 32 of the Indian Constitution?
Answer:
(i) Separation of powers is a doctrine in which the three organs of the government, the executive, the legislature and the judiciary have separate functions and powers, and one organ does not interfere in the functioning of the others.
(ii) Most democratic countries have adopted in their Constitutions a partial or complete system of separation of powers horizontally among the three branches of the government or of the state-the legislative, the executive, and the judiciary. The doctrine of separation of powers ensures that each branch has distinct powers and responsibilities, based on the organizational scheme of the Constitution.
Furthermore, the Constitution provides checks and balances so that no one branch exercises its supremacy over the others or misuses the powers provided to them. In this way, each branch puts a check on the other whenever there is an encroachment or conflict of powers among them and thereby preventing any concentration of powers in one branch.
(iii) It is believed that the system of separation of powers may have few advantages
(a) It allows for liberty as it avoids the concentration of powers in one branch;
(b) It promotes efficiency; and
(c) It facilitates and enriches democratic discussion through the powers of checks and balances of each branch. The powers of judicial review allow the judiciary to safeguard the checks and balances and to ensure the separation of powers of the other two branches of the government.
Or
Under Article 32, the Supreme Court derives authority to issue directions or orders, or writs in the nature of
(i) habeas corpus, i.e., to order the release of a person who is unlawfully detained;
(ii) mandamus, i.e., to order a public authority to do its duty;
(iii) prohibition, i.e., to prevent a subordinate court from continuing on a case;
(iv) quo warranto, i.e., to issue a directive to a person to vacate an office wrongfully occupied; and
(v) certiorari, i.e., to remove a case from a subordinate court and get the proceedings before it.
Question 39.
Write a short note on High Court Legal Services Committee.
Or
Briefly describe the meaning of public utility service. [5]
Answer:
Section 8 A of the Legal Services Authorities Act provides details of the High Court Legal Services Committee. The State Authority shall constitute a High Court Legal Services Committee for every High Court for the purpose of exercising such powers and performing such functions as may be determined by regulations made by the State Authority.
The Committee shall consist of a sitting judge of the High Court as a Chairman; and the such number of other Members as may be determined by regulations made by State Authority to be nominated by the Chief Justice of the High Court. The Chief Justice of the High Court shall appoint a Secretary to the Committee possessing such experience and qualifications as may be prescribed by the State Government.
The terms of office and other conditions relating thereto, of the Members and Secretary of the Committee shall be such as may be determined by regulations, made by the State Authority. The Committee may appoint such number of officers and other employees as may be prescribed by the State Government in consultation with the Chief Justice of the High Court for the efficient discharge of its functions.
The officers and other employees of the Committee shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the State Government in consultation with the Chief Justice of the High Court.
Public utility service means any
(i) Transport service for the carriage of passengers of goods by air, road, or water; or
(ii) Postal, telegraph, or telephone service; or
(iii) Supply of power, light, or water to the public by any establishment; or
(iv) System of public conservancy or sanitation; or
(v) Service in hospital or dispensary; or
(vi) Insurance service.
It also includes any service which the Central Government or the State Government, as the case may be, may in the public interest, by notifications, declare to be a public utility service.
Question 40.
Explain the existing dispute resolution mechanism in international law.
Or
What is the treatment of human rights in international law? [5].
Answer:
Often the treaties entered into by the States themselves lay down the procedure to be followed in case of a dispute. For instance, the General Agreement on Trade and Tariffs (GATT) provides for a dispute resolution panel within its own provisions. Treaties often employ mediation, arbitration and other such dispute-resolution mechanisms to arrive at an agreeable decision.
The United Nations has even created its own forum to deal with issues related to investment disputes in association with the World Bank. These are some of the dispute resolution mechanisms available with regard to international disputes available to resolve disputes in international law.
There are numerous other forums that can be created which are all dependent on agreements between parties and the provisions of the treaties. The ICJ’s enabling provisions are also wide enough to deal with most disputes that may arise between member states.
Or
Generally, human rights violations are dealt with by the state in which they occur. However, there are certain human rights, established under the treaty that may constitute erga omnes obligations for the state parties. This means that there are some violations that are so grave, that any state may take action against such crimes, regardless of whether they occurred in their jurisdiction or not.
All states have a shared interest in the elimination of such grave violations. This is one of the most empowering features of international human rights law where it does away with the borders and limitations of a domestic body and allows the international community to also seek an active role to protect the rights of citizens of other countries.
Given the primacy of human rights even in domestic legislatures all over the world, it is almost no surprise that international human rights law is possibly given such a high degree of importance in the world of international law.