CBSE Class 12 Legal Studies Sample Paper 2019 Solved
CBSE Class 12 Legal Studies Sample Paper 2019 Solved
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Class XII
Legal Studies (074)
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6. Internal choices have been given in all sections of the question paper
7. All questions are compulsary
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SECTION - A
1. Which of the following may act as an estoppel?
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a. Admission
b. Confession
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c. Intention
d. Preparation
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OR
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2. An armed thief entered Aviral’s house. To save himself and his belongings, 1
Aviral pushed the thief which resulted in head injuries to the thief. Is Aviral’s
act justified under criminal law?
a. Arbitration
b. Mediation
c. Conciliation
d. LokAdalat
4. The driver of a bus owned by State Road Transport Authority asked Rajni, a 1
passenger to deboard the bus in a deserted place where no other means of
transport was available. She alleged that her Fundamental Right was violated by
the driver’s conduct. Can action be taken against the State Road Transport
Authority?
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b. Yes, because State Road Transport Authority is state according to article
12.
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c. Yes, Fundamental Rights can be enforced against private entities.
d. Yes, because she was not given a fair hearing.
5.
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Simran is 22 years old and has completed her LLB degree from a recognized 1
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Indian University. She wants to obtain a license to start her practice. Identify the
additional requirement she needs to fulfill
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a. New York
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b. New Jersey
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c. California
d. Florida
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a. Has to be enrolled with the Bar Council of India for at least 5 years
b. Completed 1 year training with an AOR of not less than 5 years standing
c. Must have office in Delhi within 16 kms from the Supreme Court
d. Wear gowns that have flaps on the shoulder
a. Only 2
b. Both 1 and 2
c. Both 2 and 3
d. Only 3
8. Mr. Mehta, an activist lawyer wrote a letter to a judge of the Supreme Court, 1
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drawing his attention towards the need for political reforms having general
elections round the corner where he insisted on a condition on the disclosure of
the assets by the candidates. Which extra ordinary jurisdiction empowers Mr.
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Mehta to move the court?
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a. Public Interest Litigation
b. Writ Jurisdiction
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c. Special Leave to Appeal
d. Judicial review
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Sushil was working with a government agency whose function was to formulate
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laws and policy for resolving telecom disputes in India. Identify the body:
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d. Regulator
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SECTION – B
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9. Mr. Nakul wanted to sell his property at Cochin worth Rs. 30 Lakhs to Ms. 2
Sheetal and by the same instrument another property at Delhi for Rs. 50 Lakhs.
As Ms. Sheetal can stay at only one place among the two, she wants to retain the
property at Cochin and reject the property at Delhi. Can she do it? Explain
10. Mini and Jolly are neighbours, and have a dispute over the wall that divides their 2
property. They decide to undergo a mediation session, where the mediator
listens to Mini and Jolly and discuss their issues. The mediator then decides on a
solution for Mini and Jolly, and tells them that they must adhere to it as it is
legally binding.
Identify two errors in the mediation process experienced by Mini and Jolly and
explain how these mistakes can be corrected.
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13. Article 19 gives right to freedom and these rights come with a clause which 2
makes these freedoms conditional. Comment on the need of reasonable
restrictions.
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14. State any 4 functions of State Bar Council. 2
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What are the rules on advertising by lawyers in India?
SECTION – C
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“This article is most fundamental; it is expansive and covers many other rights
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17. How did Chamier committee contribute towards the development of present day 4
Indian Legal Profession?
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Explain the main reason behind amendment of the Legal Services Authority
Act, 1987 in 2002 and also explain the amendment so made.
i. Identify the agency he can approach for the redressal of his grievance.
ii. State its functions.
iii. Provide the advantage and disadvantages of this agency.
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Which innovative Indian Contribution to the global legal jurisprudence was
conceptualized from Nyaya Panchayats?
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B. State any two benefits of this body.
22. Chintu and his friends were working in a fire cracker factory. One day, the 5
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factory caught fire and Chintu and his friends were seriously injured. It was
established that the owner had taken all due precautions for the safety of his
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factory. However, Chintu wants compensation for the injury suffered by him
and his friends. Identify the principle of tort law under which he can claim relief
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and explain its evolution.
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24. Explain the purpose of social engineering. Also, state the three processes 5
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SECTION E
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Explain the reasons for granting an independent status to the judiciary.
26. Sohan Lal promises to supply 50 bags of cement to Magna Real Estate for their 6
ongoing commercial project on 15th March 2018. Sohan Lal does not supply
cement on 15th March 2018 but supplies it on 25th March 2018, due to which the
project could not be completed on time.
29. Under an International treaty, to which India was a signatory, a species of fish 6
was declared as endangered and restrictions were put on the right to trade of that
species by prohibiting the killing of the fish. How can this treaty be enforced in
India? Explain in the light of constitutional provisions and decided cases.
OR
A convention was held to discuss ways by which global warming can be curbed
by the concerted efforts of all participating countries. Answer the following
questions:
A. Define treaty
B. State any two essentials of a treaty.
C.
Explain the various ways in which a Country can be bound by the clauses of the
above convention.
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30. This article provides human rights framework to the criminal justice system. 6
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Identifying this article, explain its provisions.
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Marking Scheme
Q Value Point Marks
No allotted
SECTION A
1 A Or D 1
2 A 1
3 A 1
4 B 1
5 D 1
6 C Or D 1
7 C 1
8 A or C 1
SECTION B
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9 No, Ms. Sheetal cannot do so due to the operation of Doctrine of Election. 2
According to the principle of Doctrine of Election (Section 35 of the TPA),
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a party to the transfer cannot accept as well as reject in a single transaction.
In other words, while claiming advantage of an instrument, the burden of
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the instrument should also be accepted. If a party to the transfer gets two
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selections (a benefit and a burden), then he has to accept both the benefit
and the burden or none. He cannot accept the benefit and reject the burden
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in a single transaction.
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In Cooper v. Cooper 1874, LR 7 HL 53, the Court held that the doctrine of
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party who facilitates the mediation process in-order to assist the parties in
achieving an acceptable, voluntary agreement. Mediation is relatively
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does not have similar binding like an arbitral award. However, though non-
binding, these resolution agreements may be incorporated into a legally
binding contract, which is binding on the parties who execute the contract.
Thus, in the process of mediation, the mediator merely facilitates the
resolution of disputes and does not suggest any solutions. However, in the
case in question, the mediator has decided on a solution for the parties.
Moreover, the outcome of mediation is not binding on the parties, though in
the case in question, the mediator has claimed that the outcome of
mediation is legally binding.
These are the two errors in the case discussed above.
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pertaining to international relations, external and internal security, public
order, atomic energy and space. Besides the Prime Minister, it brings
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within its purview any person who is or has been a Minister of the Union
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and any person who is or has been a Member of either House of
Parliament. It also includes any Group 'A', 'B','C' or 'D' official or
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equivalent from amongst the public servants defined in the Prevention of
Corruption Act, 1988 when serving or who has served in connection with
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12 Sumit can approach the National Human Rights Commission. The specific 2
legislation called the Protection of Human Rights Act was enacted by the
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promote and protect human rights. The Commission has the powers of a
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13 2
Article 19 provides 'reasonable restrictions' on the freedoms granted by it,
which means that these rights are conditional. The State can 'reasonably'
limit or take away the right to 'freedom of speech and expression' when
there is a threat to the sovereignty and integrity of India, or the security of
the State, or friendly relations with foreign States, or public order, or
decency or morality, or in relation to contempt of court, or defamation or
incitement to an offence. For example, the State can prohibit someone from
making inciting speeches that may provoke others to commit violence.
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unruly protesters; such restrictions are unreasonable and breach the right to
freedom of speech and expression of the author.
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14 Main functions of State Bar Council are: ay 2
1. Admitting law graduates on its Roll,
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OR
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SECTION C
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Resignation to be submitted Resignation to be submitted
to President. to Governor.
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Assisted by a Solicitor
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Assisted by Additional
General and 4 Additional Advocate Generals.
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Solicitors General
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16 Article 14 provides to all the right to equality before law and equal 4
protection of the law. It prohibits discrimination on grounds of religion,
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race, caste, sex or place of birth. It means that law treats everyone equally
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Equality principle states that one uniform law cannot be applied to all
equally as some may not be similarly placed as others. Thus Article 16 is
not contradictory to Article 14 but furthers the principle of equality of
Article 14.
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arbitrary.
17 i.The Committee in its report stated that it was not practical at that time to 1 x 4
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organize the Bar on an all-India basis. However, the Committee suggested
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the establishment of Bar Council for each of the High Courts.
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ii. The Committee suggested that a Bar Council should have power to make
rules in matters such as qualifications and admission of persons to be
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High Court could appear occasionally in the concerned High Court or any
other matter prescribed by the High Court.
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Legislature enacted the Indian Bar Councils Act, 1926. The Act was to
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powers and impose duties on the Bar Councils and to consolidate the
regulations pertaining to the legal profession.
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iv. The Bar Councils could, with the consent of the High Court, make rules
for: a) the rights and duties of Advocates of High Court and professional
conduct; and b) legal education and examinations.
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the Constitution of India, the State shall not discriminate against any citizen
on grounds of religion, race, caste, sex, place of birth or any of them. Based
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on this cardinal principle, no citizen shall on the grounds only of religion,
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race, caste, sex, place of birth or any of them, be subject to any disability.
Article 14 of the Constitution of India provides that the State shall not deny
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to any person equality before the law or the equal protection of the laws
within the territory of India.
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20 i. Grounds of impeachment- Incapacity; Proven misbehavior. 0.5x8=4
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ii. The impeachment process in the Parliament is governed under Article
124(4) of the Constitution
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iii. Inquiry commissions report regarding the charges levied.
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iv. Based on the findings, the recommendation to impeach the judge has to
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the Parliament for discussion by 100 MPs in Lok Sabha or 50 MPs in Rajya
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Sabha.
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vi. The copy of the proposal is given to the concerned judge before the
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vii. Under this scheme, the motion of impeachment has to be passed by the
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OR
This very concept of settlement of dispute through mediation, negotiation
or through arbitral process known as decision of "Nyaya-Panchayat" is
conceptualized and institutionalized in the philosophy of Lok Adalat.
Composition – It is presided over by a sitting or retired judicial officer such
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as the chairman, with usually two other members- a lawyer and a social
worker
Jurisdiction - A Lok Adalat has jurisdiction to settle any matter pending
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before any court, as well as matters at pre-litigative stage, i.e. disputes
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which have not yet been formally instituted in any Court of Law. Such
matters may be in the nature of civil or compoundable criminal disputes.
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Benefits - The benefits of Lok Adalat include:
1. There is no court fee and even if the case is already filed in the
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regular court, the fee paid will be refunded if the dispute is settled at
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3. The decision of Lok Adalat is binding on the parties and its order is
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22 1. Absolute liability is the principle that can be used for claiming relief for 1
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2. The parties are assisted by their lawyers who take a pro-active role in
delivering justice to the litigants.
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3. The lawyers gather evidence and even participate in cross-examination
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and scrutiny of evidence presented by the other disputing party.
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4. The role of the judge/decision maker is rather passive as the judge
decides the claims based solely on the evidences and arguments presented
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5. Judges play less active role; a judge is not duty bound to ascertain the
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truth but only to evaluate the matter based on the evidences presented
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before him/her.
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was:
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SECTION E
25 The scope of judicial review in courts in India has developed with respect 6
to three issues: 1) protection of fundamental rights as guaranteed in the
Constitution; 2) matters concerning the legislative competence between the
centre and states; 3) fairness in executive acts; and 4) Basic Structure of the
Constitution (Any 3):
(a) Individual and Group Rights
Article 13(2) of the Constitution of India provides that: "The State shall not
make any law which takes away or abridges the rights conferred by this
Part (Part III - Fundamental Rights) and any law made in contravention of
this clause shall, to the extent of the contravention, be void."
Furthermore, Article 32 offers the Supreme Court the power to enforce
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fundamental rights, and provides one the right to move the Supreme Court
for the enforcement of those rights. From this article, the Supreme Court
derives authority to issue directions or order or writs
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(b) Centre-State Relations ay
Article 246 of the Constitution provides that the Parliament has exclusive
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powers to make laws with respect to matters itemized in the 'Union List'
(List 1 of the Seventh Schedule of the Constitution). It provides further that
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both the Parliament and the Legislature of any State have powers to make
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laws with respect to matters enumerated in the 'Concurrent List' (List III of
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with respect to matters listed in the 'State List' (List II of the Seventh
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Schedule).
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powers) as well as room for intersection between the Centre and the State.
Judicial review helps demarcate the legislative competencies and ensures
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that Centre does not exert its supremacy over the state matters and likewise
states do not encroach upon matters within the ambit of the Centre.
(c) Fairness in Executive Actions
In matters of executive or administrative actions, judicial review practice of
courts have often employed doctrines like 'principles of natural justice',
'reasonableness', 'proportionality', and 'legitimate expectation
(d) Basic Structure
Article 368 confers power to the Parliament to amend the Constitution: "by
way of addition, variation or repeal any provision of this Constitution"
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This Article in its wordings does not provide any limitation on the power of
the Parliament to amend the Constitution. Article 13(2) limits Parliament's
amending authority in matters of fundamental rights.
The doctrine of the basic structure invalidates any constitutional
amendments that destroys or harms a basic or essential feature of the
Constitution, like secularism, democracy and federalism.
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The main reasons for granting an independent status to the judiciary are as
follows:
First, Judiciary's independence is linked to its role as the watch-dog in a
democracy. It monitors and maintains the checks and balances over the
other arms of the government. Thus judiciary emerges as a mediator when
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any organ of the government exercises 'excess power' which tends to
violate the larger societal or individual interest.
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Second, in-order to ensure that constitutionally guaranteed freedoms such
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as freedom to speak in public or peacefully assemble, are interpreted as per
the true constitutional philosophy, judiciary has been kept free from any
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external pressures.
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unique rights such as: Civil and political rights- e.g. the right to life; right to
freedom of discrimination 2 based on religion, race, caste, sex or place of
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birth. Economic, social and cultural rights- e.g. freedom to practice any
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important even when the accused are foreign nationals or persons who have
committed crimes against the state, e.g. terrorists.
Lastly, independence of judiciary is vital for the respect of due-process of
law. Due process of law means that the State must respect all the legal
rights that are owed to a person and confirm to the norms of fairness,
liberty, fundamental rights etc. Only an independent judiciary can make
this concept operational.
Therefore independence of judiciary remains a vital and core principle even
in the modern democracy.
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communicate systematically. Following are some of the opportunities
available (and opted for by law graduates) to graduates after they obtain
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their degrees in Law. (Any 6)
•
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Litigation: Graduates may practice as an advocate in a court of law.
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• Law Firm Practice: Law firms vary in size and practice areas. Law
firms may range from boutique law firms specializing in specific areas of
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law to mid-sized law firms as well as large law firms which are full service
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practice. An in house counsel will give legal advice to the company, have
expertise in the business of the company and be responsible for ensuring
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that the business of the company is being run in compliance with applicable
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laws.
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The 14th Report of the Law Commission of India mooted the idea of
providing free legal aid to the poor by the State. The Report highlighted the
responsibility of the legal community to administer legal aid scheme and
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the State to fund legal representation to the accused in criminal
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proceedings, appeals and jails.
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In 1960, the Union Government initiated the national legal aid scheme
which faced financial shortages and died a natural death.
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decentralized mode with legal aid committees in every district, state and the
centre.
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legal aid camps and nyayalayas in rural areas and recommended the
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In the case of Magan Bhai Patel v Union of India, the court held that
if a treaty or international agreementrestricts the rights of the
citizens or modifies the laws of the state it would require to have a
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legislative measure.
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Supreme Court held that India had ratified conventions regarding
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the protection of children and this placed an obligation on the State
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Government to implement these principles.
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A. A Treaty refers to legally binding, written, agreements in which
states agree to act in a particular manner as specified in the
agreement.
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seeing whether the state agrees to 'ratify' the same. Ratification
differs from country to country but usually requires a sign that the
state consents to follow the provisions of the treaty.
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30
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Article 20 of the Indian Constitution provides human rights framework to 1 x 6
the criminal justice system. It provides for safeguards to persons who are
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accused of having committed crimes.
The rights of persons accused of crimes are:
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not receive a penalty greater than what is provided in the law in force at the
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prosecuted and punished for the same offence more than once.”
This means that if someone commits an offence, that person should not be
harassed and punished repetitively (more than once) for the same offence.
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