Students must start practicing the questions from CBSE Sample Papers for Class 12 Legal Studies with Solutions Set 5 are designed as per the revised syllabus.

CBSE Sample Papers for Class 12 Legal Studies Set 5 with Solutions.

Time Allowed: 3 Hours
Maximum Marks: 80

General Instructions:

  1.  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
  2.  Internal choice is given in the paper, there is no overall choice.

Section – A (20 Marks)

Question 1.
Ms. Musarrat Khan is a mediator for a dispute between Sanjeev and Vivek. Her role is not to provide an evaluation of their case but to facilitate the conversation between Sanjeev and Vivek. Which of the following types of mediation is this? [1].
(a) Mediation with the arbitration.
(b) Facilitative mediation.
(c) Transformative mediation.
(d) Online mediation.
Answer:
(b) Facilitative mediation

Question 2.
Asha Verghese and Brinda Nair are business partners and co-owners of a boutique. Asha feels that she carries the bulk of the workload and that job roles and responsibilities between them are not clearly demarcated. To resolve the dispute that ensues, which of the following is most suitable? [1].
(a) Arbitration
(b) Meditation
(c) Negotiation
(d) Litigation
Answer:
(b) Meditation.

Question 3.
If transfers the ownership of one thing for the ownership of another, the transfer is called. [1].
(a) Sale
(b) Exchange
(c) Gift
(d)Lease
Answer:
(b) Exchange.

Question 4.
Which of the following is not true with regard to Foreign Legal Consultants (FLCs)? [1].
(a) Can advise on home country law.
(b) Can advise on international law.
(c) California allows FLCs.
(d) Cannot appear in court.
Answer:
(d) Cannot appear in court.

Question 5.
Dhiren is an advocate practicing in India. In order to attract more clients, he got a hoarding made for himself with his latest photograph in his black gown. He also mentioned his fee per hearing in that hoarding. Dhiren was served a show cause notice by the Bar Council of India. Which of the following holds good in the given situation? [1].
(a) Dhiren is not at fault as he has the right to market his services.
(b) Dhiren is at fault as he did not get the content displayed on the hoarding approved by the Bar Council of India.
(c) Dhiren is at fault as the Bar Council of India does not permit the advocates to publicize themselves and their profession as products through any medium.
(d) Dhiren is at fault as the Bar Council of India allows advocates to post five-liner information on their websites after intimating and taking approval from the Bar Council of India.
Answer:
(c) Dhiren is at fault as the Bar Council of India does not permit the advocates to publicize themselves and their profession as products through any medium.

CBSE Sample Papers for Class 12 Legal Studies Set 5 with Solutions

Question 6.
Raju, a street food vendor, was arrested by the police for littering the pavement area near his cart. He was charged with not performing the fundamental duty of protecting the environment. Which of the following is true in this context? [1].
(a) Fundamental duties contain compulsory standards that must be followed to avoid penalties and arrest.
(b) Fundamental duties prevent citizens from being law-breakers.
(c) Fundamental duties cannot be enforced in a court of law and no one can be punished for the violation.
(d) Part III of the Constitution prescribes fundamental duties.
Answer:
(c) Fundamental duties cannot be enforced in a court of law and no one can be punished for the violation.

Question 7.
Assertion (A) In a participatory democracy, it is essential that citizens have faith in their institution.
(i)Reason (R) A judiciary that is as fair and independent is an important component in sustaining their trust and confidence, [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 8.
Assertion (A) The District Legal Aid Fund established by the District Authority includes sums of money given as grants by the State Authority. Reason (R) The District Legal Aid Fund shall be utilized towards the cost of functions of State Authorities. [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:
(c) The District Legal Aid fund shall be utilized towards the cost of functions of District Authorities.

Question 9.
Which of the following is also known as a ‘Conflict of Laws’? [1].
(a) Public International Law
(b) Private International Law
(c) Both (a) and (b)
(d) None of the above
Answer:
(b) Private International Law.

Question 10.
In this situation, Ubaid 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. SituationII Sukanya travels from Varanasi to Mumbai to work as a nurse. On landing in Mumbai, she was subjected to forced surrogacy. [1].
(a)In Situation I, Ubaid 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 in situation II, Sukanya’s right to life and personal liberty has been violated.
(b)In Situation I, Ubaid is protected by Article 20 (3) in his refusal to give a blood sample since he is not accused of any offense yet in situation II, Sukanya’s right to free speech has been violated.
(c)In both situations, no right has been violated.
(d)Right to free speech has been violated in both situations.
Answer:
(a) In Situation I, Ubaid 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 in situation II, Sukanya’s right to life and personal liberty has been violated.

Question 11.
Statement I Time is very significant while entering into a contract. Statement II According to the Limitation Act, a contract should be performed within a specified time called the period of limitation. [1].
Alternatives
(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.
Match the following. [1].

Column 1 Column II
A. International Covenant on Civil and Political Rights, 1976 (i) Right to health
B. International Covenant on Economic, Social and Cultural Rights, 1976 (ii) Equality of men and women
C. Convention on the Rights of the Child, 1990 (iii) Freedom of speech
D. Convention on the Elimination of All Forms of Discrimination Against Women, 1979. (iv) Appropriate legal protection for the child

Codes

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

Answer:
(b) (iii) (i) (iv) (ii).

CBSE Sample Papers for Class 12 Legal Studies Set 5 with Solutions

Question 13.
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:
(c) Fundamental Rights can be enforced against the State through Public Interest Litigation.

Question 14.
Which Article provides the right to the aggrieved ones, whose fundamental rights have been violated or denied, to petition the Supreme Court for the enforcement of fundamental rights? [1].
(a) Article 21
(b) Article 30
(c) Article 31
(d) Article 32
Answer:
(d) Article 32.

Question 15.
A offers to sell his cottage to B. B in consideration of the cottage selling his farm to A. Instead of getting money for his cottage, A has received a farm from B. Which of the following best describes the situation? [1].
(a) This is an example of an exchange
(b) This is an example of a gift
(c) This is an example of a sale
(d) This is an example of a lease
Answer:
(a) This is an example of an exchange.

Directions Read the passage given below and answer questions 16 to 20 On 7th May 2020, a major leakage of Styrene gas was reported from the plastics- manufacturing plant ‘LG Polymers’ located on the outskirts of Visakhapatnam city. The accident took place when the cooling system of a polymers plant got clogged due to the mismanagement of factory workers and resulted in turning the city into a gas chamber.

The gas which leaked was styrene gas, which is a ’hazardous chemical’ under Rule 2(e) plus Entry 583 of Schedule I of the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989. Read the following principles as applicable to the given situation and apply them accordingly. Principle 1 Polluter Pays Principle The ‘Doctrine of Polluter Pays’ is a well-established principle of environmental law, which places an obligation of compensating the damage to the people who ought to reimburse it and also have the capacity to disburse it.

The principle explicitly affirms that the person who damages or destructs the environment has the absolute obligation to bear the cost of ameliorating the environment. In the Enviro Legal Action v. Union of India case, the Apex Court of India held that the polluter is legally responsible to reimburse the individual sufferers as well as paying for the revitalization of the damaged environment.

Principle 2 Principle of Strict Liability The principle of Strict Liability was established in the year 1 868 in the case of Rylands v.Fletcher, where the Court held that any person who uses his/her land in an ‘unnatural manner’ and who keeps any ‘hazardous substance’ on such premises would be held liable under the principle of strict liability for any ‘damage’ occurred on the ‘escape’ of such perilous substance.

However, the person is liable only when there is non-natural use of land; the principle also restricts liability when the escape is due to an act of strangers, an Act of God, for example, a natural calamity; due to the person being injured or when it happens with the consent of the person injured or with statutory authority. Principle 3 Principle of Absolute Liability absolute liability is a stringent form of Strict Liability as it is devoid of any exceptions that were mentioned under the earlier principle. For the first time in the case of CM Mehta v. Union of India.

This principle implies that whenever an enterprise is engaged in any dangerous or hazardous activity that threatens the people working in the enterprise and those living nearby, it owes an absolute and non-delegable duty to the community that no harm will be caused. If harm is indeed caused, the enterprise will have to compensate for damages and can’t use exceptions provided in the case of strict liability. The enterprise can’t claim that the harm has not been caused due to negligence (absence of due care) or that it had taken all reasonable precautions.

CBSE Sample Papers for Class 12 Legal Studies Set 5 with Solutions

Question 16.
Under which of the following principles, will the company LG Polymers be liable? [1].
(a) Polluter Pays Principle
(b) Strict Liability
(c) Absolute Liability (d) All of these
Answer:
(d) All of these.

Question 17.
As per the Polluter Pays Principle, LG Polymers will be liable to pay [1].
(a) amount of money for the restoration of the environment only
(b) amount of money for the restoration of the environment and compensation to individuals who suffered the loss
(c) compensation to the victims
(d) None of the above
Answer:
(b) Amount of money for the restoration of the environment and compensation to Individuals who suffered the loss.

Question 18.
In another case, the company ABC limited operates an industrial chemical plant in the city of Azadnagar. Due to an earthquake on 22nd July, 2020, the valves of the reactors in the plant get damaged due to which the operators could not properly transport the hazardous gas for chemical vaporization, resulting in the gas leakage. The gas leakage resulted in the death of 12 workers of the plant and also some people living nearby the Plant. In this situation, in order to decipher the liability of ABC Limited, choose the best option. [1].
(a) ABC Limited can be held liable under the Principles of Strict and Absolute Liability and the Polluter Pays Principle as well.
(b) ABC Limited can be held liable under the Polluter Pays Principle and the principle of Absolute Liability but can be exempted under the rule of Strict Liability.
(c) ABC Limited will not be held liable under any of the Principles.
(d) ABC Limited will be held liable under Strict and Absolute Liability Principles but the Principle of Polluter Pays will not be applicable to this situation.
Answer:
(b) ABC Limited can be held liable under the Polluter Pays Principle and the Principle of Absolute Liability but can be exempted under the rule of Strict Liability.

Question 19.
The argument of LG Polymers is that they did not know that the Styrene Gas could leak. [1].
(a) is a strong argument and can reduce their liability under the Polluter Pays Principle.
(b) is a strong argument and can reduce their liability under the Strict Liability Principle.
(c) is a weak argument and will not help in reducing the liability of LG Polymers under any of the Principles.
(d)is a weak argument but may help in reducing their liability under the Strict Liability Principle.
Answer:
(c) is a weak argument and will not help in reducing the liability of LG Polymers under any of the principles.

CBSE Sample Papers for Class 12 Legal Studies Set 5 with Solutions

Question 20.
XYZ is a company operating a Pesticide Factory in the city of Rampur. One day, due to the negligence of factory staff, there is a leakage of Pesticide gas as a result of this, many pests and insects which feed on the plantation crops in the nearby farm are killed there is no harm caused to the people living nearby or the workers of the Pesticide Factory. However, the leakage was so humungous that it reduced the quality of air in the city causing breathing problems for the people living around the area. In this case [1].
(a) XYZ will be absolutely liable but not strictly liable.
(b) XYZ will not be liable under the strict and absolute liability principles because the leakage only killed the pests and insects.
(c)XYZ’s liability under the strict and absolute liability principles will depend upon the inquiry as to whether the leaked pesticide gas was a hazardous substance/activity or chemical or not and; XYZ will be liable under the Polluter Pays Principle.
(d)XYZ will not be liable under the Polluter Pays Principle.
Answer:
(c) XYZ’s liability under the Strict and Absolute liability principles will depend upon the inquiry as to whether the leaked pesticide gas was a hazardous substance/activity or chemical or not and; XYZ will be liable under the Polluter Pays Principle.

Section-B (16 Marks)

Question 21.
A renowned artist, Vijay Haidar noticed that his neighbor’s daughter Sweekriti was good at sketching. He promised that he would display her work at his next exhibition and subsequently forgot about it. Sweekriti’s parents filed a case against Vijay for breach of contract. Examine the remedy available in this situation. [2].
Answer:
In the given situation, there will be no remedy available against Vijay as there was no legal sanction behind the promise. It was merely a social obligation that had no binding value in the eyes of law. Thus, no remedy will be available to Sweekiriti Vijay’s parents in the given case.

Question 22.
Nirmala and Venkateshwaram, a young couple, scratched their names on the bonnet of Mr. Vishnuvardhan’s car. Identify the type of civil wrong. Also, what remedy is available to Mr. Vishnuvardhan? [2].
Or
In order to commit theft, Sanjay, a thief, broke into the apartment of Mr. Saxenain in the dark hours of the night. However, Mr. Saxena spotted him while he was trying to open the main cupboard where Mr. Saxena kept his important documents and consequently, started shouting. Sanjay, thus, ran out of the apartment. Mr. Saxena then followed him and hurled a stone toward Sanjay which hit him hard in the head and he got severe head injuries. Will Mr. Saxena be criminally liable for this act? Substantiate with reasons.
Answer:
Nirmala and Venkateshwaram are liable for the tort of nuisance in the given situation. Mr. Vishnuvardhan retains the right to claim compensation for the damage caused due to the act of scratching their names on the bonnet of his car.

Or

In the given situation, Mr. Saxena will be criminally liable for causing substantial head injuries to Sunil because he had already started running away from the scene of the crime. Mr. Saxena’s act was not proportionate to the threat that existed at the moment because Sunil running away nullified the same. Hence, Mr. Saxena is criminally liable for the act.

Question 23.
At the concluding session of an international conference in 2019, the following observation was made “Mere economic and political arrangements are not enough to ensure growth and stability in the world. By promoting culture, preserving heritage, and sharing knowledge the world can become a global family where there is peace and understanding.” Identify the specialized agency of the UN that can best address this crisis and state its main functions. [2].
Answer:
UNESCO is the specialized agency of the UN that can best address the given crisis. The main functions of UNESCO are
(i) It aims to aid sustainable development.
(ii) Foster greater cooperation between nations.

CBSE Sample Papers for Class 12 Legal Studies Set 5 with Solutions

Question 24.
(i) Why does the issue of allowing advertising and solicitation by lawyers require a balancing of interests?
(ii) State the guidelines for advocates in India as given by the BCI for advertising. [2].
Answer:
(i) The right of advocates to advertise their services or solicit clients has been a controversial issue in the field of legal ethics and professionalism. In India, advertising by lawyers has been strictly restricted by the Bar Council of India.

(ii) An advocate is prohibited from promoting himself through circulars, advertisements, touts, personal communications, interviews other than through personal relations, furnishing or inspiring newspaper comments, or producing his photographs to be published in connection with cases in which he has been engaged or concerned. An amendment to this rule allows advocates to furnish certain information on their websites after intimating and taking approval from the Bar Council of India.

However, only 5 pieces of information can be put up on the internet, i.e.
(a) the name of the advocate or the firm,
(b) the contact details,
(c) details of enrolment with the Bar,
(d) his professional and academic qualifications, and
(e) the areas of practice.

Question 25.
In order to increase the efficiency of judicial decision-making, a need for judicial training was felt. Give a brief introduction about the National Judicial Academy, and explain. [2].
(i) Its role in providing judicial training.
(ii) Its methodology is adopted for training judges.
Answer:
(i) It aims at suggesting judicial reforms and providing research support services for greater efficiency, fairness, and productivity in judicial decisions.

(ii) As a part of providing judicial training, the National Judicial Education Strategy (NJES) was established in 2006 to provide judicial education to High Court judges, District Judiciary, and State Judicial Academies. The training consists of conferences, orientations, workshops on core judicial skills and administration, and seminars on substantive law and justice. The Academy also aims at enhancing the online skills registry of Indian judges to increase their proficiency and making better access to judicial decisions

Question 26.
“Article 39A inserted by the 42nd Amendment Act makes the provisions of Article 14 of the Indian Constitution more meaningful and progressive.” Evaluate this statement. [2].
Answer:
Article 39A of the Constitution of India deals with the provisions of equal justice and free legal aid. Furthermore, it provides free legal aid to the poor and weaker sections of society and ensures justice for all on the basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. Thus, it makes the provisions of Article 1 4 more meaningful and progressive.

Question 27.
With regard to the provisions of ‘Fundamental Rights’ enshrined in Part III of the Indian Constitution, consider the following situations and answer the questions that follow. [2].
(i) A certain section of minorities were not adequately represented in the services under the State Government, the State Government of West Bengal gave reservations to Scheduled Castes, and Scheduled Tribes in public employment
(ii) Rajiv was an autorickshaw driver who was not allowed to enter a public park because he belonged to a backward class.
Answer:
(i) Article 16 is also based on the equality principle of Article 14. It provides for equality of opportunity in matters of public or- State employment and bars any discrimination against any citizen on grounds of religion, race, caste, sex, descent, place of birth, or residence. However, this article allows the State to provide reservation or affirmative (positive) action programs for government jobs to backward classes like Schedule Castes and Scheduled Tribes who because of historical and continued disadvantages based on caste status and otherwise have not been adequately represented in the services under the State.

(ii) The given situation is a violation of Article 15 of the Constitution. Article 15 is based on the equality principle. It prohibits the State from discriminating against anyone based on grounds of religion, race, caste, sex, or place of birth. Also, it prohibits anyone and the State from using these grounds to restrict (restrain) any citizen from entering shops, public restaurants, hotels, and places of public entertainment; or the use of wells, tanks, bathing ghats, roads, and places of public resort.

CBSE Sample Papers for Class 12 Legal Studies Set 5 with Solutions

Question 28.
In 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR) as a common standard of achievement for all peoples and nations. [2].
(i) State the functions of HRC.
(ii) Give two examples of international human rights treaties.
Or
What are the constitutional provisions in the Indian Constitution that make India a secular entity by providing its citizens the freedom of conscience and religion?
Answer:
(i) The Universal Declaration of Human Rights provides and defines the various kinds of human rights that are applicable to all human beings. They include the fundamental civil, political, economic, social, and cultural rights like freedom of speech, assembly, conscience, and religion; right to education; right to livelihood and a decent standard of living; right to life, liberty, and security of person; right to equality; freedom from all forms of discriminations including based on gender and race; and so on.

The Declaration has been embraced by almost all member States of the United Nations to respect and protect the basic human rights values provided therein.
ii) Two examples are
(a) Convention on Rights of Child
(b) CEDAW

Or

The constitutional provisions that make India a secular entity by giving its citizens the freedom of conscience and religion have been enshrined under Article 25. Article 25 deals with the freedom of conscience and free profession, practice, and propagation of religion. Under Article.25, all persons have the right to freedom of conscience, and freedom to profess, practice, and propagate religion as long as their acts do not threaten public order, morality, and health.

Further, the citizens have also been granted the freedom to manage religious affairs under Article 26. Article 26 provides the right to every religious denomination, including their sub-sections or sects, to
(i) establish and maintain institutions for religious and charitable purposes;
(ii) manage their own matters of religious affairs;
(iii) own and acquire movable (e.g., vehicles, furniture) and immovable (eg., house, trees) property; and
(iv) administer such property in accordance with the law.

Section -C (24 Marks)

Question 29.
Mrs. Namita Bose is a Central Government employee, working as a Customs Officer in Customs and Excise Department. Mrs. Namita has been allotted an accommodation but it was observed that Mrs. Namita sub-let that official accommodation without any permission and authority to do so. A heavy penalty was imposed on her for such an illegal act without giving her any notice or hearing.[3].
(i) Which agency exercises the jurisdiction of service matters of Central Government employees?
(ii) Explain the significance of such an agency in supplementing the role of courts in the adjudication of service disputes.
(iii) Can an appeal be made against the order of such an agency? If yes, where?
Answer:
(i) The Central Administrative Tribunal (CAT) exercises the jurisdiction of service matters of Central Government employees.
(ii) Tribunals have been constituted under specific constitutional mandates enshrined in the Constitution of India or through legal enactments. e.g. a law passed by the legislature. Their creation aims at increasing efficiency in resolving disputes and reducing the burden on courts.
(iii) Yes, an appeal can be made against the order of such an agency to the High Court of the concerned state.

CBSE Sample Papers for Class 12 Legal Studies Set 5 with Solutions

Question 30.
Raghav and his two friends, Ravi and Prakash, were arrested by the Police on the charges of kidnapping and abduction of a minor girl. A conversation between Raghav and his friends was overheard by a ragpicker while they were discussing the further course of action in a junkyard. The ragpicker informed the police and the three were arrested. During the investigation, Ravi told the Inspector that if taken to Kodaikanal, he would show the spot where the minor girl was kept. [3].
(i) Analyse the nature of the evidence presented in the given situation. Can this evidence form the basis of conviction?
(ii) What is the position of Ravi’s statement in Evidence Law?
(iii) If the statement by Ravi was made before a Magistrate instead of the Inspector, would it have the same impact as evidence? Explain.
Answer:
(i) Hearsay evidence has been presented in the given situation. Since one of the main objectives of the Evidence Act is to prevent inaccuracy in the admissibility of evidence and to introduce a more correct and uniform rule of Practice, hearsay evidence cannot form the basis of conviction as it cannot be admitted.

(ii) The position of Ravi’s statement in Evidence Law is that of an extra-judicial confession and it is not admitted in the Court.

(iii) If the statement by Ravi was made before a Magistrate instead of the Inspector, it would amount to a judicial confession and would thus be admissible

Question 31.
List the changes introduced in the legal profession and education by ‘The Advocates Act, 1961′ with special reference to [3].
(i) Categories of legal practitioners.
(ii) Establishment of the bodies at the National and State level to regulate the legal profession and education.
Answer:
(i) The Act recognizes only one class of practitioners, i.e. Advocates. An Advocate on the State Rolls is entitled to practice as of right before any tribunal, or authority of India, or any court including the Supreme Court. Advocates have been classified as Senior Advocates and other Advocates.

(ii) The Advocates Act established an All India Bar Council for the first time, with the Attorney-General and Solicitor General of India as ex-official members of the Bar Council. The All India Bar Council has one member elected to it by each State Bar Council and it elects its own Chairman and Vice Chairman. The Act has created a State Bar Council in each State with the Advocate General of the State as an ex officio member, and 1 5-25 Advocates elected for a period of five years.

Question 32.
Sudhir walks into the Police Station, Preet Nagar, and informs the Station Officer that he saw Rohit committing the murder of two people who were trying to commit theft in Rohit’s house. The officer arrested Rohit and put him in jail. Within 24 hours the police officer personally goes and informs the Magistrate about the incident. The Magistrate sentences Rohit to imprisonment for 10 years. Is the procedure followed for Rohit’s conviction justified? Give a reason for your answer by referring to Articles 21 and 22 of the Indian Constitution. [3].
Or
Article 22 of the Indian Constitution provides safeguards against arrest and detention except for two persons. Identify these two who are not offered protection under this Article.
Answer:
In the given situation, the procedure followed for Rohit’s conviction will not be justified because as per Article 22(1) of the Indian Constitution, no person, who is arrested, shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice. He cannot be sentenced to imprisonment without being informed of the grounds of his arrest and without being given an opportunity of being heard.

Or

Article 22 deals with the protection against arrest and detention in certain cases
(i) This article is applicable to both citizens and non-citizens.
(ii) This provision extends certain procedural safeguards for individuals in case of an arrest.
(iii) The idea behind this right is to prevent arbitrary arrests and detention.
(iv) The article provides the following safeguards

(a) Article 22(1) Any person who is in custody has to be informed as to why he has been arrested. Further, he cannot be denied the right to consult an advocate.
(b) Article 22(2) The arrested individual should be produced before a judicial magistrate within 24 hours of his arrest.

(c) Article 22(3) Nothing in clauses (1) and (2) shall apply (a) to any person who for the time being is an enemy alien or (b) to any person who is arrested or detained under any law providing for preventive detention.
However, these safeguards of Article 22 are not available to
(i) Enemy aliens; or
(ii) Detained under preventive detention laws.

CBSE Sample Papers for Class 12 Legal Studies Set 5 with Solutions

Question 33.
What is the procedure for foreign lawyers to take the bar exam without earning the degree locally? State the procedure. [3].
Answer:
Some states may allow foreign-educated lawyers to take the bar examination without earning their degrees locally. In such a case, however, foreign-educated lawyers must begin the process by getting their law degree reviewed and analyzed by the American Bar Association (ABA). Once reviewed, the application is either accepted or deferred.

If accepted, foreign lawyers are allowed to sit for that state’s bar exam in much the same way a domestic applicant would. In New York, one of the jurisdictions most open to foreign lawyers, this would allow foreign lawyers to sit for the bar without being required to complete any further law school study in the US.

Even if deferred, applicants may be asked to complete coursework at an ABA-approved college before Sitting for the bar exam. This coursework usually takes the form of a one-year LLM program at an ABA-accredited school

Question 34.
(i) “None should be denied justice for being poor or being disabled.” In light of this statement, enumerate any three categories of persons who can avail of free legal services as per the provisions of the Legal Services Authorities Act, of 1987. [3].
(ii) State the Constitutional provisions provided in the Indian Constitution that deal with the concept of legal aid.
Answer:
(i) Three categories of persons who can avail of free legal services as per the provisions of the Legal Services Authorities Act of 1 987 are
(a) Industrial Workmen
(b) Women
(c) Senior citizens
(ii) Article 39-A of the Constitution provides that the State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

With the object of providing free legal aid, the Government had, by Resolution, appointed the “Committee for Implementing Legal Aid Schemes” (CILAS) under the Chairmanship of Mr. Justice PN Bhagwati (as he then was) to monitor and implement Legal Aid Programmes on a uniform basis in all the States and Union territories CILAS evolved a model scheme for Legal Aid Programme applicable throughout the country by which several Legal Aid and Advice Boards have been set-up in the States and Union territories, CILAS in funded wholly by grants from the Central Government.

Question 35.
State the practices followed in by the UK and India to adopt international treaties in domestic law. [3].
Answer:
In countries such as the United Kingdom, there is a doctrine of transformation that states that before any international agreement can be considered applicable domestically, it must be transformed into municipal law. This means that the provisions of the treaty need to be transformed into local law, passing domestic legislation with concurrent provisions as international obligations.

India generally follows the pattern of merely affirming a treaty by way of ratifying it with the assent of the executive unless the treaty requires ratification by way of an act of the legislature. In the landmark case of Kesavananda Bharati v. State of Kerala, it was observed that the court must interpret the provisions of the constitution in light of the Charter of the United Nations.

CBSE Sample Papers for Class 12 Legal Studies Set 5 with Solutions

Question 36.
State the relevance of the following institutions. [3].
(i) UNESCO
(ii) The World Bank and IMF
Answer:
(i) UNESCO By promoting culture, preserving heritage, and sharing knowledge and understanding that are beneficial for the whole of mankind, UNESCO aims to aid sustainable development and foster greater cooperation between nations.
(ii) The World Bank and IMF The World Bank was instituted as the International Bank for Reconstruction and Development (IBRD-the World Bank) and along with the IMF were dubbed the Bretton Woods Twins in 1944.

These two sister institutions were started in order to aid the economies of various nations which had suffered immense losses subsequent to the Second World War. The World Bank aids member states by providing loans to member states for the purpose of development and raises its funds by way of the world’s financial markets.

Section-D (20 Marks)

Question 37.
The two broad models of legal systems differ in their techniques of adjudication and justice delivery mechanism. Elaborate. [5].
Or
Analyze the reasons that paved the way for alternate dispute resolution techniques in the Indian judicial system.
Answer:
Courts in India follow the adversarial system of adjudication as opposed to the inquisitorial model followed in several civil law countries. In an adversarial model, the role of lawyers representing the party becomes vital. Lawyers of the opposing parties present their cases before a neutral judge who in turn provides a decision based on the merits of the case, as presented by the lawyers.

In the inquisitorial system of law, on the other hand, judges are more proactive in adjudicating the matter. Rather than acting as neutral judges, they have the right to inquire and probe into the matter, much like the police. Here the role of lawyers representing the party and the role of the judge cumulatively becomes important in determining the manner in which a civil case or criminal trial proceeds.

Or

ADR is also encouraged amongst the disputants to reduce delays and high pendency of court cases. The rise of ADR is further supported, as the law courts are confronted with the following problems, such as
(i) The lack of number of courts and judges which creates an inadequacy within the justice delivery system;
(ii) The increasing litigation in India due to increasing population, the complexity of laws, and obsolete continuation of some pre-existing legal statutes;
(iii) The increasing cost of litigation in prosecuting or defending a case, increasing court fees, lawyer s fees, and incidental expenses;
(iv) Delay in disposal of cases resulting in huge pendency in all the courts

Question 38.
(i) What are the qualifications required to become a High Court judge in India? [5].
(ii) How are High Court judges appointed in India?
(iii) What are the qualifications required to become a Supreme Court judge in India?
Answer:
(i) In order to become a High Court judge in India, a person must have the following qualifications
(a) The person should be a citizen of India.
(b) Must have an LLB/LLM degree.
(c) He/She Should have been a judge of a High Court for at least 5 years or he/she should have been an advocate of a High Court for 1 0 years.
(d) Apart from these, a person is also eligible if he/she is an exceptional jurist according to the president.

(ii) According to Article 217 of the Constitution, the Judge of a High Court shall be appointed by the President in consultation with the Chief Justice of India (CJI), the Governor of the State. In the case of the appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court is consulted.

(iii) In order to become a Supreme Court judge in India, the following conditions need to be fulfilled
(a) The person should be a citizen of India.
(b) He/She should have been a judge of a High Court for at least 5 years or he/she should have been an advocate of a High Court for 1 0 years.
(c) Apart from these, a person is also eligible if he/she is an exceptional jurist according to the president.

CBSE Sample Papers for Class 12 Legal Studies Set 5 with Solutions

Question 39.
Haircare Pvt Ltd advertised that usage of its shampoo ‘Tresses’ leads to long and shiny hair. It claimed that it would give a reward of ₹ 2,000 to those who would face hair fall after using the shampoo. Riya after using the shampoo suffered from a severe hair fall. [5].

She claimed the reward of ₹2,000. The company refused the reward stating that the offer was not made to her. Decide whether Ms. Riya can claim the reward or not. Also, refer to the relevant case law.
Or
Green World Organics is the manufacturer of a medicine called ‘Giloysatva’ which was used for the treatment of Dengue and Chikungunya. The company believed that the medicine completely cured these ailments. An advertisement was put up offering a reward of ₹ 10,000 to anyone who got Dengue and Chikenguniya again after using the ‘Giloysatva’ medicine continuously for fifteen days.

In the advertisement, it was also stated that ₹ 1,00,000 was deposited in a Bank, namely, Alliance Bank for paying the reward if the such situation arose. Seeing the advertisement, Mrs. Suchika bought the ‘Giloysatva’ medicine and used it as per the directions provided. Mrs. Suchika got a fresh episode of Dengue and Chikungunya.

Mrs. Suchika sued the company for a reward of ₹ 10,000. The manufacturing company stated that
(a) There was no. intention to enter into a legal relationship with anyone through the advertisement, and the advertisement was put up only to boost the marketing of the ‘Giloysatva’ medicine;
(b) The advertisement was not an offer as it was not made to any particular person and an offer cannot be made to the public at large or to the whole world;

(c)acceptance by the offeree had not been communicated, and so there was no binding contract.
(i) What is an ‘offer’? What is the impact of an ‘acceptance’ of an offer?
(ii) Explain the concept of ‘general offer’ as given by the Court in the Carbolic Smoke Ball Case.
(iii) Will the action form? Does Ruchika stay? Give reasons for your answer.

Answer:
In the given situation, Ms. Riya has the right to claim the reward of ₹ 2,000. The given case is an example of a general offer wherein the offer is made to the world at large. When a general offer is accepted by an individual after performing the requisite conditions, it constitutes acceptance on the behalf of the offeree.

Since Riya used the shampoo and still faced severe hair fall, she had performed the condition required to claim the reward. This case is similar to the English case of Carlill Smoke Ball Co. In an English case Carlill v. Carbolic Smoke Ball Co. (1893, 1 4B 256)-, the company was the manufacturer of a medicine called smoke ball which was used for the treatment of influenza.

CBSE Sample Papers for Class 12 Legal Studies Set 5 with Solutions

Question 40.
With reference to legal aid in the context of social justice and human rights, answer the following questions. [5].
(i) Why is access to justice important?
(ii) What is the importance of legal aid?
(iii) How is funding granted for providing legal aid?
Or
The Parliament of India realized that litigation-oriented legal services cannot bring out desired results. Therefore, for encouraging pre-litigation legal services, especially in public utility services, the Parliament has made certain amendments to the Legal Services Authorities Act by passing an Act known as the Legal Services Authorities (Amendments) Act, 2002. Discuss the purpose of the Act.
Answer:
(i) There are millions of people who are denied human rights only because they cannot afford the cost required for the enforcement of their rights. Merely talking about human rights from an elitist platform is not sufficient. 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 (benefit) 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.

(ii) Mere declaration and passing of resolutions about human rights are not enough, the guarantee for the enforcement of these rights is equally essential. Hence, it will not be incorrect to say that the right to legal aid stands first in the species of human rights. Human rights are only mere pious (pure) declarations without legal aid. They become lucrative only when they are enforced.

The right to legal aid enables the accomplishment of these human rights and makes them worthwhile for the poor masses in the world. In the present legal system of most countries, justice is not given but sold. The consumers of justice have to pay the counsel for representing them, bear the expenditure for court fees, and also other contingent charges.

Indeed, poverty is an obstacle in the way of getting justice and due to this reason, the poor become the sufferer of social injustice. Legal aid is only a way for providing social justice to all. Legal aid indeed, is an integral part of human rights and it requires urgent considerations, otherwise, there is an apprehension that. someday the patience of the poor may be exhausted and that will endanger world peace.

(iii) The Central Government, by way of grants, provides funding to the Central Authority for providing legal services. Similarly, the State Government by way of grants provides funding to the State Authority and the District Authority for providing legal services

Or

The purpose of this amendment is to bring out certain changes in the Legal Services Act, 1987 (hereinafter referred to as the Principal Act), especially for the establishment of permanent Lok Adalats to settle disputes concerning public utility services at a pre-litigation state.

Chapter VI A provides certain provisions dealing with pre-litigation conciliation and settlement pertaining to public utility services.
Section 22 A provides that in this chapter and for the purpose of Sections 22 and 23 unless the context otherwise requires: “permanent Lok Adalat’’ means a permanent Lok Adalat established under sub-section (1) of Section 22 B.

“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.