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CBSE Class 12 Legal Studies Sample Paper 2019 Solved

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94 views21 pages

CBSE Class 12 Legal Studies Sample Paper 2019 Solved

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vahinic
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© © All Rights Reserved
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Class XII
Legal Studies (074)

Time allowed: 3 hours Max. Marks 100


General Instructions:
1. Section A contains questions 1 – 8 which carry 1 mark each
2. Section B contains questions 9 - 14 which carry 2 marks each and should be answered in
about 40 words
3. Section C contains questions 15-20 which carry 4 marks each and should be answered in
about 100 words
4. Section D contains questions 21-24 which carry 5 marks each and should be answered in
about 120 words
5. Section E contains questions 25-30 which carry 6 marks each and should be answered in
about 150 words

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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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Saraswati Universty was created under the mandate of a Central Legislation


which specified that the university should open a bank account with the
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Karamchari Bank. This is an:


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a. Administrative legislative action


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b. Administrative judicial action


c. Simply administrative action
d. Purely administrative action

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. Yes, causing injury under self defence 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.

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3. Ramika International Ltd. And Northstar Pvt. Ltd. have a dispute over 1
production process which involved intricate trade secrets. Suggest the most
suited ADR that can protect the trade secret while resolving the dispute:

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?

a. Yes, because Rajni was dropped at a deserted place.

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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. She must have an LLM degree


b. She must get herself registered with BCI
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c. She must have completed her internship under a senior advocate


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d. She must clear All India Bar Exam.


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6. With regard to FLC, point the odd one out: 1


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a. New York
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b. New Jersey
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c. California
d. Florida

OR

With respect to an Advocate on Record, point the odd one out:

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

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7. Dinesh Kumar, a practicing advocate engaged in the following activities as part 1
of his professional duties:
1. Accepted the brief from his client
2. Asked for contingency fee from the client
3. Met the opposite party directly.
4. Maintained client confidentiality.

Which of the above activities amounts to breach of professional duties by the


advocate:

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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es

OR
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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a. Telecom Dispute Settlement Appellate Tribunal


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b. Central Administrative Tribunal


c. Telecom Regulatory Authority of India
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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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OR
Salil and Gunjan had a matrimonial dispute for which they approached litigation
as the mode of dispute resolution. However the procedure turned out to be very
lengthy and the hearing dates were far apart from each other. Many a times,
lawyers representing the parties charged their fees without fruitful results. In
light of the above situation, state the benefits of alternative dispute resolution
over traditional litigation.

11. A statutory body was created consisting of an eminent judicial member of 2


impeccable integrity as its chairman and 8 other members, out of which 4 were
judicial members. Identify the body and state its scope.

12. Sumit, a resident of NayaSavera society was violently beaten up by his 2


neighbours on the suspicion of human trafficking. He approached the police but
they did not take any action to protect his rights. Identify the body he can
approach for redressal of his grievance and give its powers.

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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

OR
ay
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What are the rules on advertising by lawyers in India?

SECTION – C
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15. Distinguish between Attorney General and Advocate General. 4


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16. Justify the contradiction between Article 14 and Article 16. 4


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OR
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“This article is most fundamental; it is expansive and covers many other rights
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and is applicable to both the citizens as well as non-citizens.” Evaluate the


above statement by identifying the article described.
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17. How did Chamier committee contribute towards the development of present day 4
Indian Legal Profession?

18. Explain any 4 reasons which necessitate Legal aid in India 4

OR
Explain the main reason behind amendment of the Legal Services Authority
Act, 1987 in 2002 and also explain the amendment so made.

19. State the relevance of the following institutions: 4


i. UNESCO
ii. World Bank and IMF

20. Explain the process of impeachment of Judges of the Supreme Court. 4

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SECTION - D
21. Gaurav opened an account with Sapna Bank. One day, while operating the 5
ATM, his card did not function. However, the money was deducted from his
account. To add to his agony, he discovered that his passbook showed multiple
deductions for service charges also He approached the Bank but the bank
refused to address his problem.

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.

OR
Which innovative Indian Contribution to the global legal jurisprudence was
conceptualized from Nyaya Panchayats?

A. Give the composition and jurisdiction of this body.

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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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23. In an adversarial dispute resolution model, the knowledge and experience of a 5


judge is not fully utilized. Justify the above statement.
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24. Explain the purpose of social engineering. Also, state the three processes 5
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whereby developing civilizations progressively moved towards social


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engineering through free legal aid.


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SECTION E
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25. Explain the scope of Judicial Review. 6


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OR
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.

i. Identify and explain the mode of discharge of this contract.


ii. What is the remedy available to Magna Real Estate.
iii. Explain the rationale behind this remedy.
27. Explain any 6 opportunities for law graduates in India. 6

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28. Trace the development of the concept of free legal aid in India. 6

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.

ay
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es
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tu
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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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election applied on every instrument and all types of property


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10 Mediation is a method of ADR in which parties appoint a neutral third 2


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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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inexpensive, fast, and confidential. Further, mediation and arbitration differ


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on the grounds of the nature of award rendered. The outcome of mediation


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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.

OR

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Benefits of ADR over litigation are as follows:

1. The lack of number of courts and judges which creates an


inadequacy within the justice delivery system;
2. The increasing litigation in India due to increasing population,
complexity of laws and obsolete continuation of some pre-existing
legal statutes;
Delay in disposal of cases resulting in huge pendency in all the courts.
(Any 2)
11 The statutory body discussed above is the Lokpal. 2
The legislation aims to combat acts of bribery and corruption of public-
servants, a term that has been given a fairly wide interpretation in the Act.
The Act applies to the public servants in and outside India. It includes in its
purview even the current and ex-prime ministers of India except in matters

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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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the affairs of the Union.


e
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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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Parliament in 1993, which in turn established the National Human Rights


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Commission as an independent institution with powers and functions to


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promote and protect human rights. The Commission has the powers of a
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civil court and in conducting an inquiry or investigation it can utilize


various powers including the following :
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summon and enforce the attendance of witnesses and examine them on


oath;
ask for production of any document before itself;
receive evidence on affidavits;
request public record from any court or office; and
examine witnesses or documents.
Once the inquiry is completed, the Commission can make
recommendations to governmental authority in cases where any public
servant is the perpetrator of human rights violation.

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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.

However, at times Supreme Court can invalidate State's restrictions if it


finds them to be unreasonable. As an instance, State cannot put restriction
as an excuse because it is unable to maintain public order, e.g., application
of aforementioned restrictions on the sale of a book because of a few

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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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2. Determining cases of misconduct against Advocates on the Roll


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3. Organizing legal aid


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4. Electing one member to the All India Bar Council.


di

OR
tu
.s

In India advertising by lawyers has been strictly restricted by the Bar


Council of India. The restrictions are as follows:
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1. An advocate is prohibited from promoting himself through


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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., (i) the name of the advocate or the firm, (ii) the contact
details, (iii) details of enrolment with the Bar, (iv) his professional and
academic qualification and (v) the areas of practice

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SECTION C

15 Attorney General Advocate General 4

The Attorney General is the first Advocate general is the highest


legal officer of the country. He law officer in the state. He is
is appointed under Art 76 of the appointed under Art 165 of the
Indian Constitution. Indian Constitution.
Appointed by president. Appointed by Governor.
Holds office at the pleasure No fixed tenure, holds
of president, tenure is not office at the pleasure of
fixed by Constitution. Governor.

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Resignation to be submitted Resignation to be submitted
to President. to Governor.

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Assisted by a Solicitor
ay
Assisted by Additional
General and 4 Additional Advocate Generals.
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Solicitors General
e st
di

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,
tu

race, caste, sex or place of birth. It means that law treats everyone equally
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without consideration of their rank or status or other backgrounds.


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Article 16 is based on the equality principle of Article 14. It provides for


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equality of opportunity in matters of public or State employment and bars


any discrimination to any citizen on grounds of religion, race, caste, sex,
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descent, place of birth, or residence. This article allows State to provide


reservation or affirmative 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.

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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OR

 The article described is Article 21.


 The meaning of 'right to life' includes right to human dignity, right
to basic requirements of life, right to participate in activities and
expression, right to tradition, heritage, and culture, etc.
 'Personal liberty' means various rights that provide for personal
liberty of a person, i.e., everyone has right to do his or her will
freely.
 The meaning of 'right to life and personal liberty' is broad and
embraces many aspects including dignity, food, shelter, etc.
 A person can be deprived of his or her 'right to life or personal
liberty' only by procedure established by law. This means that any
law that limits or takes away one's right to life and personal liberty
must contain a procedure that is fair and reasonable and not

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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
ay
the establishment of Bar Council for each of the High Courts.
od
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
st

Advocates of the concerned High Court, legal education, discipline and


professional conduct of Advocates, terms on which Advocates of another
e
di

High Court could appear occasionally in the concerned High Court or any
other matter prescribed by the High Court.
tu

iii. Giving effect to the Chamier Committee recommendations, the Central


.s

Legislature enacted the Indian Bar Councils Act, 1926. The Act was to
w

provide for the constitution and incorporation of Bar Councils, to confer


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powers and impose duties on the Bar Councils and to consolidate the
regulations pertaining to the legal profession.
w

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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18 i. In a participatory democracy, it is essential that citizens have faith in their 1 x 4


institution. A judiciary that is as fair and independent is an important
component in sustaining their trust and confidence.
ii. Citizens agree to a limitation on their freedom in exchange for peaceful
coexistence, and they expect that when conflicts between citizens or
between the state and citizens arise, there is a place that is independent
from undue influence, that is trustworthy, and that has an authority over all
the parties to solve the disputes peacefully.
iii. It is also the responsibility of the State to ensure that fair and impartial
justice is made available at the door steps of the poor and economically
weaker sections irrespective of their caste, creed, religion, geographical
position at free of cost.
iv. Denying access to the courts forces dispute resolution into other arenas
and results in vigilantism and violence. As envisaged under Article 15 of

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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

.c
on this cardinal principle, no citizen shall on the grounds only of religion,
ay
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
od
to any person equality before the law or the equal protection of the laws
within the territory of India.
e st

OR
di
tu

 The Parliament has made certain amendments in Legal Services


.s

Authorities Act by passing an Act known as the Legal Services


Authorities (Amendments) Act, 2002. The purpose of this
w

amendment is to bring out certain changes in the Legal Services


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Act, 1987 (hereinafter referred to as the principal Act) especially for


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the establishment of permanent Lok Adalats to settle disputes


concerning public utility services at pre-litigation state.
 The reason behind creation of these courts was the realisation that
litigation oriented legal services cannot bring out desired result,
therefore, it encouraged pre-litigation legal services specially in
public utility service.
 "Public utility service" means any- 1) Transport service for the
carriage of passengers of goods by air, road or water; or 2) Postal,
telegraph or telephone service; or 3) Supply of power, light or water
to the public by any establishment; or 4) System of public
conservancy or sanitations; or 5) Service in hospital or dispensary;
or 6) Insurance service.

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19 i. UNESCO: UNESCO was set up to promote coordination between 4


members keeping in mind the fact mere economic and political
arrangements are not enough to ensure growth and stability in member
states.
By promoting culture, preserving the heritage, 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. World bank and IMF: 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.

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20 i. Grounds of impeachment- Incapacity; Proven misbehavior. 0.5x8=4

.c
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.
od

iv. Based on the findings, the recommendation to impeach the judge has to
st

be made by the Chief Justice of India to the President of India.


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v. If it is accepted then the proposal of impeachment must be introduced in


di

the Parliament for discussion by 100 MPs in Lok Sabha or 50 MPs in Rajya
tu

Sabha.
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vi. The copy of the proposal is given to the concerned judge before the
w

proceeding starts in the Parliament of India.


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vii. Under this scheme, the motion of impeachment has to be passed by the
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two-third majority members present and voting must be done separately in


the each house of the Parliament.
viii. If the motion is passed then the formal announcement is done by the
President of India.
SECTION D

21 Chief Vigilance Officer/ Ombudsman can be approached by Gaurav for 1


i redressal of his grievance.

ii. Functions of Chief Vigilance Officer include: 2


a) To investigate complaints and attempt to resolve them, usually
through recommendations (binding or not) or mediation.
b) To identify systemic issues leading to poor service or breaches of
people's rights.
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iii. Advantage of this system is: 1


a. he or she examines complaints from outside the offending state
institution, thus avoiding the conflicts of interest inherent in self-
policing
Disadvantages of this system are: 1
a. The system relies heavily on the selection of an appropriate
individual for the office, and
b. cooperation of at least some effective official from within the
apparatus of the state.

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
ay
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.
od
Benefits - The benefits of Lok Adalat include:
1. There is no court fee and even if the case is already filed in the
st

regular court, the fee paid will be refunded if the dispute is settled at
e

the Lok Adalat.


di

2. There is no strict application of the procedural laws and the


disputing parties can directly interact with the judges.
tu

3. The decision of Lok Adalat is binding on the parties and its order is
.s

capable of execution through legal process. (Any 2)


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22 1. Absolute liability is the principle that can be used for claiming relief for 1
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Chintu and his friends.


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2. Absolute Liability was introduced by the Supreme Court in the aftermath


1
of the two instances of gas leaks from factories injuring many. The first
case was about the infamous Bhopal gas leak disaster of 1984 and the
second incident of 1985 in Delhi, due to leaked oleum gas.
3.The then Chief Justice of India P.N Bhagwati, in the famous 1987 case of
M.C. Mehta v. Shri Ram Foods and Fertilizer Industries, held: "We are of 2
the view that an enterprise, which is engaged in a hazardous or inherently
dangerous industry, which poses a potential threat to the health and safety
of the persons working in the factory and residing in the surrounding areas
owes an absolute and non-delegable duty to the community to ensure that
no harm results to any one on account of hazardous or inherently dangerous
activity in which it is engaged must be conducted with the highest
standards of safety and if any harm is done on account of such activity, the
8

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enterprise must be absolutely liable to compensate for such harm and it


should be no answer to the enterprise to say that it had taken all reasonable
care and that the harm occurred without any negligence on its part."
4. The principle of absolute liability has evolved from the principle of strict
liability. Strict liability torts do not care about the intention or carelessness
of the defendant when the defendant caused the injury. The claimant does
not have to establish any sort of or level of blame attributable to the 1
defendant based on the intention or the degree of carelessness. However
Strict liability is available in a very limited context.

23 In an adversarial system, the knowledge and experience of a judge is not 1X5


fully utilized because:
1. In an adversarial system, the parties in a legal proceeding develop their
own theory of the case and gather evidence to support their claims.

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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
ay
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
st

by the parties and their lawyers.


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5. Judges play less active role; a judge is not duty bound to ascertain the
di

truth but only to evaluate the matter based on the evidences presented
tu

before him/her.
.s

24 Social engineering may be defined as the science and art of making 2


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appropriate adjustments to human relationships as well as to promote the


welfare of the community as a whole. The purpose of social engineering
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was:
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a. To establish justice in the earth


b. To hold back the strong from oppressing the weak".
3
There were three processes whereby the developing civilization
progressively moved towards social engineering through free legal aid:
a. The first was to grant aid to vulnerable communities;
b. The second was to put restrictions upon the exercise of privileges
accorded by law to those well-off;
c. The third was to strip those fortunate of their privileges and place
the strong and weak on an equal footing before the law.

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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

.c
(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
st

both the Parliament and the Legislature of any State have powers to make
e

laws with respect to matters enumerated in the 'Concurrent List' (List III of
di

the Seventh Schedule of the Constitution). With respect to the States, it


provides that the Legislature of any State has exclusive power to make laws
tu

with respect to matters listed in the 'State List' (List II of the Seventh
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Schedule).
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This Article delivers clear division of lawmaking powers (division of


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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
w

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.
OR

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.
st

Third, Judiciary acts as a guardian of fundamental rights which are


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constitutionally granted to every citizen in India. Our Constitution grants us


di

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
tu

birth. Economic, social and cultural rights- e.g. freedom to practice any
.s

religion; protection of interests of minorities. An independent and impartial


Judiciary has empowered Indian citizens and performed this role.
w
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Fourth, in the domain of criminal law as well, independence of judiciary is


linked to the granting of a fair trial to the accused. This becomes extremely
w

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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26 (1) Discharge by Breach of Contract-Breach means failure to perform the 6


obligation by a party. When a party to a contract does not perform his part
of the obligation due to which the contract becomes broken, the person who
suffers because of the breach is entitled to receive compensation or
damages from the party who has breached the contract ( Section 73)
(2) A common remedy for breach of contract is awarding damages to the
affected party. Monetary compensation given to the affected party for the
loss or injury caused to him due to the breach is called damages.
(3) The Doctrine of Restitution. The basis of this Doctrine is awarding
damages for the pecuniary loss incurred by the party to the contract.

27 Law is an exciting and challenging profession. Law graduates in India have 6


various options and opportunities open to them after their graduation. A
Law degree, in addition to being a professional degree, is now considered
to be training in a discipline which trains the mind to think analytically and

om
communicate systematically. Following are some of the opportunities
available (and opted for by law graduates) to graduates after they obtain

.c
their degrees in Law. (Any 6)

ay
Litigation: Graduates may practice as an advocate in a court of law.
od
• Law Firm Practice: Law firms vary in size and practice areas. Law
firms may range from boutique law firms specializing in specific areas of
st

law to mid-sized law firms as well as large law firms which are full service
e

law firms with different service groups.


di

• Corporate Sector: Large corporations often have in-house legal


tu

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
.s

that the business of the company is being run in compliance with applicable
w

laws.
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• Public Policy: Lawyers have an important role in formulating and


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advising on public policy. Several organizations employ law graduates for


policy making and have institutionalized fellowships where law graduates
can be Research Assistants.
• Legal Research & Academia: Graduates may attach themselves
with Research Centers and think tanks. Law graduates may take up
teaching and research as a profession.
• Non – Governmental Organizations: Non – Profit Organizations,
especially organizations with social justice orientation have positions for
law graduates.
• Government Institutions: Government departments, statutory
authorities, public sector undertaking and regulatory bodies also provide
interesting opportunities to lawyers.

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• Further Study: Law is an interdisciplinary subject and graduates


may opt for further studies in related disciplines such as Business,
Economics, Anthropology and sociology.
• Judicial Services/clerkship: The court system provides several
avenues to law graduates. The higher judiciary, that is judges of the High
Courts and Supreme Court have law clerks cum research assistants who
assists a judge in researching for cases, maintaining paper works etc.
• Other Avenues: Law graduates may opt for different career paths
such as politics, journalism (legal journalism), legal publishing,
Fellowships, civil services etc.
28 Since 1952, the Government of India started addressing the question of 6
legal aid for the poor in various conferences of Law Ministers and Law
Commissions.

om
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

.c
the State to fund legal representation to the accused in criminal
ay
proceedings, appeals and jails.
od
In 1960, the Union Government initiated the national legal aid scheme
which faced financial shortages and died a natural death.
st

In 1973, in the second phase, the Union Government constituted a


e

committee under the chairmanship of Justice Krishna Iyer to develop a


di

legal aid scheme for states. The Committee devised a strategy in a


tu

decentralized mode with legal aid committees in every district, state and the
centre.
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A committee on judicature was set up under the chairmanship of Justice P


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N Bhagwati to implement the legal aid scheme. This Committee suggested


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legal aid camps and nyayalayas in rural areas and recommended the
w

inclusion of free legal aid provision in the Constitution.


Article 39A of the Constitution - inserted by the 42nd Amendment Act in
1976 - Directed the state to provide free legal aid by suitable legislation or
schemes or in any other way, to ensure that opportunities to secure justice
are not denied to any citizen by reason of economic or other disabilities.
Legal aid schemes were floated across states through legal aid boards,
societies and law departments thereafter.
Subsequently, the Parliament enacted the Legal Services Authorities Act,
1987
29 India follows the following provisions of law while implementing an 6
International treaty in the domestic terrain:
2

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 Article 51 of the Indian Constitution specifically states that the State


shall endeavour to 'foster respect for international law and treaty
obligations in the dealings of organized peoples with one another'.

 Under Article 253 of the Constitution of India, the Parliament and


the Union of India have the power to implement treaties and can
even interfere in the powers of the state government in order to give
power to provisions of an international treaty.

 In the land mark case of Kesavananda Bharti v. State of Kerala, it


2
was observed that the court must interpret the provisions of the
constitution in light of Charter of the United Nations.

 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

om
legislative measure.

 In the case of Sheela Barse v Secretary Children's Aid Society, the

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Supreme Court held that India had ratified conventions regarding
ay
the protection of children and this placed an obligation on the State
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Government to implement these principles.

 The most revolutionary of these cases was the case of Vishaka v


st

State of Rajasthan, in which the Indian courts used the provisions of


e

the Convention on Elimination of all forms of Discrimination


di

against Women, (CEDAW), to create legally binding obligations


tu

regarding sexual harassment.


.s

In the current case, where under an International treaty, to which India is a


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signatory, a species of fish is declared as endangered and restrictions are


put on the right to trade of that species by prohibiting the killing of the fish. 2
w
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If this treaty is to be enforced in India, the Indian Parliament needs to pass


a domestic legislation regarding prohibition of the killing of such species of
fish.

OR
A. A Treaty refers to legally binding, written, agreements in which
states agree to act in a particular manner as specified in the
agreement.

B. Treaties are binding upon the parties when entered in to in good


faith and with intention of creating binding obligations.

C. A state may express its consent to be bound by a particular treaty in


certain cases, the most common of which are:

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1. Consent by signature- In certain cases, treaties may be given force


by way of signatures of representatives who have been given the
full powers, i.e. authorization in writing from their state to be able
to take decisions on its behalf.

2. Consent by exchange of Instruments - In some scenarios, consent


may be recorded by way of exchanging certain instruments, i.e.
documents which contain the terms agreed to by both sides, when
these instruments provide that on such exchange they will be in
effect.

3. Consent by Ratification - 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

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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.

.c
30
ay
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:
st

1. Article 20 provides that no person can be convicted for the commission


e

or omission of an act that does not amount to an offence by any law in


di

force at the time of such act.


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2. Secondly it provides that any person who is convicted of a crime should


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not receive a penalty greater than what is provided in the law in force at the
w

time of the act of offence.


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3. It provides for another important right that “No person shall be


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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.

4. Further it states that “No person accused of any offence shall be


compelled to be a witness against himself.” This provision safeguards the
accused's right against self-incrimination.

An accused may give information based on own knowledge if he or she


chooses to, but cannot be forced to be self-witness against himself or
herself. Every accused has a right to fair trial.

***************

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