CBSE Class 12 Legal Studies Question Paper 2026 Solved Code 40

SECTION - A

1. Which of the following pairs is correctly matched ? [1 Mark]
(A) First Attorney General of India - K.K. Venugopal
(B) Newest High Court - Calcutta
(C) Supreme Court of India - 34 Judges
(D) Civil Law System - Judge made Laws

Answer: (C) Supreme Court of India - 34 Judges

Teacher's Note:
a) Remember that the Supreme Court of India currently has a sanctioned strength of 34 judges, including the Chief Justice of India.
b) M.C. Setalvad, not K.K. Venugopal, was India's first Attorney General, and Telangana, not Calcutta, is the newest High Court.

2. Priya maintained a savings account with a nationalised bank. Despite maintaining sufficient balance, several cheques issued by her were dishonoured, causing her financial loss and embarrassment. When her repeated written complaints to the bank went unanswered, she approached an independent authority established by the Reserve Bank of India to resolve disputes between customers and banks through a simple, cost-free mechanism.
Which authority did Priya approach ? [1 Mark]
(A) Lokpal
(B) Lokayukta
(C) Banking Ombudsman
(D) Consumer Disputes Redressal Commission

Answer: (C) Banking Ombudsman

Teacher's Note:
a) The Banking Ombudsman is set up by the RBI specifically for free and simple redressal of customer-bank disputes.
b) Do not confuse it with Lokpal/Lokayukta, which deal with corruption complaints against public servants.

3. Atul agrees to sell his cottage to Binod for Rs. 5 lakhs.
This agreement becomes a contract only when - [1 Mark]
(A) The offer and acceptance are in writing.
(B) Both parties sign the agreement before witnesses.
(C) The agreement is enforceable by law.
(D) The consideration is paid immediately after acceptance.

Answer: (C) The agreement is enforceable by law

Teacher's Note:
a) As per Section 2(h) of the Indian Contract Act, an agreement enforceable by law is a contract.
b) Writing or witnesses are not mandatory unless specifically required by a particular law.

4. The question contains two statements - Assertion (A) & Reason (R). Choose the correct answer using the codes below :
Assertion : (A) : Section 89 of the CPC allows courts to refer disputes to alternative dispute resolution methods like arbitration, mediation or conciliation before proceeding with trial.
Reason (R) : Courts under Section 89 of the CPC aim to reduce litigation costs and ensure faster and amicable settlement of disputes. [1 Mark]
(A) Both (A) and (R) are true and (R) is the correct explanation of (A).
(B) Both (A) and (R) are true, but (R) is not the correct explanation of (A).
(C) (A) is true, but (R) is false.
(D) (A) is false, but (R) is true.

Answer: (A) Both (A) and (R) are true and (R) is the correct explanation of (A)

Teacher's Note:
a) Section 89 CPC promotes ADR mechanisms before trial, and the reason correctly explains why this provision exists.
b) Reducing litigation cost and ensuring amicable settlement is the very purpose behind Section 89.

5. Two companies, Eastern Exports Pvt. Ltd. and Sunrise Traders, entered into a contract for the supply of organic spices. Their agreement contained an arbitration clause stating that any dispute "arising out of quality, quantity, or delivery" would be settled by arbitration. After a dispute arose regarding late delivery, an arbitrator was mutually appointed. During the hearings, Eastern Exports accused Sunrise Traders of tax evasion and over-invoicing and the arbitrator included those allegations while making his final decision. He directed Sunrise Traders to pay damages not only for delay in delivery but also for "non-compliance with taxation norms." Sunrise Traders challenged the award in court, arguing that the arbitrator had acted beyond his authority.
Which of the following is the most appropriate legal ground on which the arbitral award can be set aside ? [1 Mark]
(A) Incapacity of a party to enter into the arbitration agreement.
(B) Improper appointment of the arbitrator.
(C) The dispute decided falls outside the scope of the arbitration agreement.
(D) The award violates public policy at large.

Answer: (C) The dispute decided falls outside the scope of the arbitration agreement

Teacher's Note:
a) An arbitrator cannot decide matters not covered by the arbitration clause; here, tax evasion was outside the scope.
b) Excess of jurisdiction by the arbitrator is a valid ground under Section 34 of the Arbitration Act to set aside an award.

6. In the law of torts, damages are termed unliquidated because - [1 Mark]
(A) They are decided by agreement between the parties after the wrong occurs.
(B) They cannot be fixed in advance and depend on the court's assessment of loss.
(C) They are awarded only when the wrong is intentional.
(D) They are always equal to the actual financial loss proved by the plaintiff.

Answer: (B) They cannot be fixed in advance and depend on the court's assessment of loss

Teacher's Note:
a) Unliquidated damages in tort are assessed by the court after the wrong occurs, unlike pre-fixed liquidated damages in contracts.
b) The amount depends on the court's judgment of actual loss, not a prior agreement.

7. Ankita, a professional chef, entered into an agreement with a local cafè to supply exotic drinks. The agreement required her to import a rare herb. Before she could fulfil the order, the import of this herb was banned under Indian law. Realizing that importing it would be illegal, Ankita informed the café that she could not perform the contract. The café insisted that the contract was valid and demanded delivery.
Which of the following statements is correct regarding the contract in this case ? [1 Mark]
(A) Ankita can be legally compelled to perform the contract.
(B) The contract is void because it involves performing an illegal act.
(C) The café owner can claim damages for non-performance.
(D) The contract is valid and enforceable because both parties agreed voluntarily.

Answer: (B) The contract is void because it involves performing an illegal act

Teacher's Note:
a) A contract becomes void by supervening illegality when performance becomes unlawful due to a change in law.
b) Neither party can be compelled to perform or claim damages once the act itself becomes illegal.

8. Mr. Sharma owns a farmhouse on the outskirts of the city. One afternoon, his neighbour, Mr. Kapoor, entered the farmhouse premises to take measurements for a boundary wall he was planning on his own property. Mr. Sharma had not given any permission for this. While taking the measurements, Mr. Kapoor accidentally stepped on some flower beds and caused minor damage. When confronted, Mr. Kapoor argued that he was only measuring his own property and did not intend any harm.
Which of the following statements is correct regarding Mr. Kapoor's actions ? [1 Mark]
(A) Mr. Kapoor has committed trespass to land, because he entered Mr. Sharma's property without consent.
(B) Mr. Kapoor cannot be held liable since his intention was not to harm Mr. Sharma.
(C) Minor damage to the flower beds makes the act insignificant and not legally actionable.
(D) Mr. Sharma must prove financial loss to take any action.

Answer: (A) Mr. Kapoor has committed trespass to land, because he entered Mr. Sharma's property without consent

Teacher's Note:
a) Trespass to land is actionable per se, meaning proof of actual damage is not required.
b) An innocent or well-meaning intention is not a valid defence to trespass.

9. Eco Green Industries, a manufacturing company, has recently reviewed its operations after facing public concern over rising emissions and waste generation. The management decided to install solar panels, recycle industrial water and switch to biodegradable packaging materials. Although these steps required heavy investment, the company justified them as essential for long-term growth and community well-being.
Eco Green Industries' new approach best represents which of the following ideas of sustainable development ? [1 Mark]
(A) Prioritizing present economic gains over future environmental needs.
(B) Achieving development that meets present needs without harming future generations.
(C) Halting industrial activities completely to preserve natural resources.
(D) Relying solely on government aid for implementing eco-friendly practices.

Answer: (B) Achieving development that meets present needs without harming future generations

Teacher's Note:
a) This is the standard definition of sustainable development.
b) Sustainable development does not mean stopping industry entirely or relying only on government aid.

10. Ramesh, a young factory worker, was taken into police custody for questioning regarding a minor theft case. He was informed of the reason for detention and was produced before a magistrate within 24 hours. However, during his time in custody, he was subjected to severe physical torture by police officers, resulting in serious injuries. When the matter was later brought before the High Court, it held that such treatment violated one of the most fundamental constitutional rights of a citizen.
Although Ramesh's arrest procedure followed legal requirements, which constitutional right was still violated ? [1 Mark]
(A) Article 14 - Right to equality.
(B) Article 20 - Protection of rights of persons accused of crimes.
(C) Article 21 - Protection of life and personal liberty.
(D) Article 22 - Safeguards against arbitrary arrest and detention.

Answer: (C) Article 21 - Protection of life and personal liberty

Teacher's Note:
a) Article 21 protects life and personal liberty, which includes freedom from custodial torture.
b) Following the arrest procedure correctly does not excuse subsequent custodial violence.

11. Rohan and Meera formed an Limited Liability Partnership (LLP) called Design Craft Interiors. Each invested Rs. 5 lakh. While executing a client project, Rohan made a serious error, leading to a loss of Rs. 15 lakh. The client demanded full compensation from the LLP.
What will be Meera's liability in this situation ? [1 Mark]
(A) Meera will be personally liable to pay Rs. 7.5 lakh as her share in the loss.
(B) Meera's liability will be limited to her agreed capital contribution in the LLP.
(C) Meera will be liable only if she was directly involved in the wrongful act.
(D) Meera will be jointly liable for Rohan's act as both are partners.

Answer: (B) Meera's liability will be limited to her agreed capital contribution in the LLP

Teacher's Note:
a) In an LLP, each partner's liability is limited to their agreed capital contribution, unlike a traditional partnership.
b) A partner is not personally liable for another partner's independent wrongful act or negligence.

12. Rahul was taken into police custody on suspicion of theft. A few days later, his family was informed that he had died while in custody. The police claimed it was a case of suicide, but his family alleged torture by police officials. A non-governmental organization approached a statutory body at the national level that can take suo motu cognizance of custodial deaths, seek reports from the government and recommend compensation or prosecution of the erring officials.
Which of the following bodies has such powers ? [1 Mark]
(A) Supreme Court of India
(B) Central Vigilance Commission
(C) State Human Rights Commission
(D) National Human Rights Commission

Answer: (D) National Human Rights Commission

Teacher's Note:
a) NHRC can take suo motu cognizance of custodial deaths under the Protection of Human Rights Act, 1993.
b) It can recommend compensation and prosecution, but cannot itself punish the erring officials.

13. Assertion : (A) : The Sustainable Development Goals (SDGs) promote the realization of human rights by addressing issues such as poverty, gender equality and environmental protection.
Reason (R) : Progress made by a State in achieving SDGs contributes to fulfilling its human rights obligations. [1 Mark]
Choose the correct option :
(A) Both (A) and (R) are true, and (R) is the correct explanation of (A).
(B) Both (A) and (R) are true, but (R) is not the correct explanation of (A).
(C) (A) is true, but (R) is false.
(D) (A) is false, but (R) is true.

Answer: (B) Both (A) and (R) are true, but (R) is not the correct explanation of (A)

Teacher's Note:
a) Both statements are factually correct about the SDGs and human rights.
b) Check carefully whether the reason directly explains the assertion or is merely a related but separate fact.

14. A well-known social media influencer, Ananya, posted a video claiming that a restaurant, "Spice Villa," serves unhygienic food and uses expired ingredients. The post went viral, leading to a significant drop in the restaurant's sales. Later, it was proved that Ananya had never visited the restaurant and her claims were false. The restaurant filed a case against her.
Which of the following statements correctly identifies the legal position in this case ? [1 Mark]
(A) Ananya's statement amounts to defamation as it was false and harmed the restaurant's reputation.
(B) Ananya's statement is not defamation because she was merely exercising her freedom of speech.
(C) Ananya's statement is not defamation since the statement did not cause physical harm.
(D) Ananya's statement would not be defamation if Ananya could prove that her statement was true.

Answer: (A) Ananya's statement amounts to defamation as it was false and harmed the restaurant's reputation

Teacher's Note:
a) A false statement injuring another's reputation is defamation, regardless of physical harm.
b) Freedom of speech does not protect false and damaging statements.

15. Rohan, a shopkeeper, was caught intentionally selling adulterated food products that could cause serious harm to consumers. The court imposed a fine and imprisonment to ensure that others in the market refrain from committing similar offences.
Which objective of criminal law does the court's action primarily reflect ? [1 Mark]
(A) Retribution
(B) Deterrence
(C) Rehabilitation
(D) Incapacitation

Answer: (B) Deterrence

Teacher's Note:
a) Deterrence aims to prevent future offences by others, not just punish the offender.
b) Distinguish deterrence from retribution (punishment for its own sake) and rehabilitation (reforming the offender).

16. Ravi filed a suit against Suresh claiming ownership of a piece of land. While the case was still pending in court, Suresh sold the same land to Meera. Later, the court ruled in Ravi's favour. Meera claimed ownership on the ground that she had purchased the property lawfully.
Which of the following best explains the legal position ? [1 Mark]
(A) Meera's purchase is valid as the sale deed was executed before the final judgment.
(B) The transfer is void because property cannot be sold during the pendency of a case.
(C) The transfer is not void but remains subject to the outcome of the pending litigation.
(D) The transfer is valid since Meera was not a party to the original suit.

Answer: (C) The transfer is not void but remains subject to the outcome of the pending litigation

Teacher's Note:
a) This is based on the doctrine of lis pendens under Section 52 of the Transfer of Property Act.
b) The sale is valid but subject to the final court decision, not automatically void.

17. A logistics company, Speed Haul Ltd., spent five years developing a unique software algorithm that optimizes delivery routes and significantly reduces fuel costs. The company kept the algorithm confidential and restricted employee access. The algorithm was not patented to maintain its secrecy. Later, a data analyst copied part of the code before resigning and sold it to a rival firm, which began using it for its own logistics operations.
Which of the following statements correctly explains the legal position in this case ? [1 Mark]
(A) The algorithm qualifies as a trade secret protected under contractual and equitable obligations of confidentiality.
(B) The analyst can claim ownership as the creator since he contributed to developing the software during employment.
(C) Trade secrets have no legal protection in India due to the absence of a specific trade secret statute.
(D) The company must obtain a patent to legally prevent others from using the algorithm.

Answer: (A) The algorithm qualifies as a trade secret protected under contractual and equitable obligations of confidentiality

Teacher's Note:
a) India protects trade secrets through contract and equity rather than a specific statute.
b) Patenting requires public disclosure, which would defeat the purpose of secrecy.

18. Statement I : The establishment of National Law School of India University (NLSIU), Bengaluru, marked the beginning of reform of legal education in India.
Statement II : M.C. Setalvad pioneered the movement for reform in legal education and was instrumental in setting up NLSIU. [1 Mark]
(A) Both Statement I and Statement II are true.
(B) Both Statement I and Statement II are false.
(C) Statement I is true, but Statement II is false.
(D) Statement I is false, but Statement II is true.

Answer: (C) Statement I is true, but Statement II is false

Teacher's Note:
a) NLSIU Bengaluru genuinely pioneered legal education reform in India.
b) M.C. Setalvad is known for legal aid reforms, not for founding NLSIU.

19. Raghav, a well-known lawyer with 15 years of practice before the Delhi High Court, was recently designated as a Senior Advocate by the court for his exceptional knowledge and contribution to constitutional law. Soon after, one of his clients requested him to personally draft an affidavit and file a Vakalatnama in a civil matter before a district court. Raghav agreed, believing that his experience allowed him to handle the matter independently.
Under Section 16 of the Advocates Act, 1961, which statement correctly applies to this situation ? [1 Mark]
(A) A Senior Advocate can perform all the functions of an ordinary advocate.
(B) A Senior Advocate cannot file a Vakalatnama or draft pleadings directly for a client.
(C) A Senior Advocate can appear only before the Supreme Court.
(D) A Senior Advocate may accept cases only through the Bar Council of India.

Answer: (B) A Senior Advocate cannot file a Vakalatnama or draft pleadings directly for a client

Teacher's Note:
a) Under Section 16 of the Advocates Act, 1961, Senior Advocates have certain restrictions on direct client interaction.
b) They must work through an instructing/junior advocate for drafting and filing tasks.

20. Rohit, a practicing advocate in India, often visits accident-prone areas near highways. Whenever he learns of a road accident, he rushes to the hospital, approaches the victims' families and offers to "handle" their compensation claims in return for a fixed percentage of the awarded amount. He argues that he is merely "informing people of their legal rights".
Which of the following best describes Rohit's conduct ? [1 Mark]
(A) It is valid if the victims voluntarily choose his services.
(B) It is permissible as he is promoting legal awareness among victims.
(C) It may amount to breach of client confidentiality if such cases are later publicised.
(D) It is unethical because it involves solicitation and commercialisation of the legal profession.

Answer: (D) It is unethical because it involves solicitation and commercialisation of the legal profession

Teacher's Note:
a) Soliciting clients for a fee percentage amounts to touting, which is barred under professional ethics rules.
b) Bar Council Rules prohibit advertising and direct solicitation by advocates.

SECTION - B

21. The President of India is appointing a new judge to a High Court. He consults only Chief Justice of India for finalising the appointment. Is this constitutionally valid ? Justify your answer by referring to legal provisions. [2 Marks]

Answer:
1. No, this is not constitutionally valid.
2. Article 217 of the Constitution requires the President to appoint a High Court judge only after consultation with the Chief Justice of India, the Governor of the State, and, for judges other than the Chief Justice, the Chief Justice of the concerned High Court. Consulting only the CJI is therefore incomplete.

Teacher's Note:
a) Always cite Article 217 by name for such appointment questions.
b) Remember all three consultees - CJI, Governor and the High Court's Chief Justice - to score full marks.

22. Aarav is accused in a criminal case in India. His lawyer is actively involved in collecting evidence, cross examining witnesses and defending him in court. Aarav notices that the judge is only observing and evaluating the case on the basis of evidence presented, not interfering much in proceedings.
Identify the type of legal system Aarav's trial is based on and state one advantage of this system. [2 Marks]

Answer:
1. Aarav's trial is based on the Adversarial system of dispute resolution, where each side's lawyer actively presents and contests evidence while the judge acts as a neutral umpire.
2. One advantage: cross-examination allows an effective way to test the credibility of witnesses presented by the opposing side.

Teacher's Note:
a) Contrast this with the Inquisitorial system, where the judge actively investigates the case.
b) Any one valid advantage, such as party control over the process or judicial neutrality, is acceptable.

23. (a) Rishabh sells a grove of Shisham trees to Manoj with the intention that Manoj will cut & use them for making furniture.
Classify the property sold as movable and immovable giving legal reasoning. [2 Marks]

Answer:
1. The Shisham trees here are classified as movable property.
2. As per Section 3 of the Transfer of Property Act, "immovable property" does not include standing timber, growing crops or grass; since the trees were sold with the intention of cutting and using them as timber, they qualify as movable property.

Teacher's Note:
a) The key legal test is the intention to sever the trees from the land for use as timber.
b) Trees kept for continued benefit of the soil, like fruit-bearing trees, remain immovable property.

OR

(b) Reema, a poet writes an original poem and uploads it on her blog. A magazine republishes the poem without her permission, though mentioning her name as the author but without paying or crediting her as the copyright holder.
Has any right of Reema under the Copyright Act, 1957 been violated by the magazine. Explain giving reasons. [2 Marks]

Answer:
1. Yes, Reema's rights under the Copyright Act, 1957 have been violated.
2. The exclusive right to reproduce and distribute a literary work belongs to its creator unless transferred; by republishing the poem without permission and without payment or crediting her as copyright holder, the magazine has violated Reema's economic rights, even though it mentioned her name.

Teacher's Note:
a) Distinguish economic rights (reproduction, distribution, payment) from moral rights (right to paternity and integrity).
b) Mentioning the author's name is not a substitute for taking permission and paying royalty.

24. (a) The Central Government issued a notification directing all State Governments to adopt a uniform fare system for intra-state bus services. A state government challenged the notification in the Supreme Court, arguing that it interfered with the state's administrative powers. The Supreme Court examined the case and struck down the provisions of the notification for exceeding the powers of the Central Government under the Constitution.
Identify the power exercised by the Supreme Court in this case and explain it briefly. [2 Marks]

Answer:
1. The Supreme Court exercised the power of Judicial Review.
2. This power allows courts to examine the legislative competence and constitutionality of government actions and strike down those that exceed the constitutionally assigned powers of the Centre or State, as determined by the division of subjects under Article 246 and the Seventh Schedule.

Teacher's Note:
a) Judicial review is used not just for fundamental rights but also for Centre-State legislative competence disputes.
b) Mention Article 246 and the Union, State and Concurrent Lists for a complete answer.

OR

(b) Read the following situations and state whether an appeal to the Supreme Court is possible. Mention the relevant Article of the Constitution in each case.
(i) The High Court reversed the acquittal of an accused and sentenced him to death.
(ii) In a civil case, the High Court upheld the lower court's decree and no substantial question of law was involved. The losing party now wishes to challenge this decision before the Supreme Court. [2 Marks]

Answer:
1. (i) Yes, an appeal is possible as a matter of right under Article 134, since the High Court reversed an acquittal and imposed a death sentence.
2. (ii) No, an appeal is not possible as of right under Article 133, since it requires a High Court certificate under Article 134-A that a substantial question of law of general importance is involved; the party may still approach the Supreme Court through a Special Leave Petition under Article 136.

Teacher's Note:
a) Article 134 covers criminal appeals, Article 133 covers civil appeals requiring certification.
b) Article 136 (SLP) is a discretionary residual remedy available even where no appeal lies as of right.

25. (a) At an international conference, various countries discussed global issues such as deforestation, climate change and depletion of natural resources. They adopted a global action plan called Agenda 21 to promote sustainable development at all levels.
Identify the conference being referred to and state its main objective. [2 Marks]

Answer:
1. The conference is the Rio Summit (United Nations Conference on Environment and Development / Earth Summit, 1992).
2. Its main objective was to achieve international cooperation for environmental protection and sustainable development, balancing economic growth with ecological responsibility.

Teacher's Note:
a) Agenda 21 is the key identifier linking this question to the Rio Earth Summit.
b) Remember other outcomes of the summit, like the Rio Declaration and the Convention on Biological Diversity.

OR

(b) A national authority is directed to review industrial pollution levels across the country and ensure that uniform standards for air and water quality are maintained. It also advises the Central Government on framing environmental policies.
Identify this authority and mention the legislation under which it was established. [2 Marks]

Answer:
1. The authority is the Central Pollution Control Board (CPCB).
2. It was established under the Water (Prevention and Control of Pollution) Act, 1974.

Teacher's Note:
a) CPCB also functions under the Air (Prevention and Control of Pollution) Act, 1981.
b) Do not confuse CPCB with the State Pollution Control Boards that work at the state level.

26. A member of a notified religious minority community filed a complaint before a statutory commission alleging delay in the allotment of a government shop, claiming it was due to discrimination based on his minority status.
On review, the commission found that the complainant had not approached the concerned department or any other competent authority for redressal before filing the complaint.
(a) Identify the statutory commission referred to in the case.
(b) Will the complaint be admitted by the commission for action ? If yes, why ? If no, why not ? [2 Marks]

Answer:
1. (a) The statutory commission referred to is the National Commission for Minorities (NCM).
2. (b) No, the complaint will not be admitted, as the complainant did not first approach the concerned department or any other competent authority for redressal, and there is no reasonable justification shown for skipping this step.

Teacher's Note:
a) NCM generally requires exhaustion of ordinary remedies before it takes up a complaint.
b) The exception applies only where there is a reasonable justification for not approaching other authorities first.

27. Explain how International Law differs from Domestic (Municipal) Law in terms of its binding authority and enforcement mechanism. [2 Marks]

Answer:
1. Binding Authority: International Law is not automatically binding and requires the consent of states, while Domestic Law is directly binding and enforceable within a country by its legislature and courts.
2. Enforcement Mechanism: International Law lacks a central enforcement authority or police force, whereas Domestic Law is enforced through national executive agencies and the judicial system.

Teacher's Note:
a) Note that even the UN General Assembly's resolutions are mere recommendations, not binding laws.
b) The ICJ's jurisdiction in contentious cases also depends on the consent of the states involved, unlike domestic courts.

28. Neha, after being assigned a legal aid advocate, hires a private lawyer without informing the legal services authority. What action can be taken against her & why ? [2 Marks]

Answer:
1. Neha's legal aid can be withdrawn.
2. This is because a beneficiary of legal aid is not permitted to engage a private lawyer of her own choice without informing the Legal Services Authority, which violates the conditions on which the free legal aid was granted.

Teacher's Note:
a) Legal aid recipients must use the assigned advocate or inform the authority before changing lawyers.
b) This rule prevents misuse of scarce free legal aid resources.

SECTION - C

29. (a) Explain the doctrine of Basic Structure as an important element of Judicial review. [3 Marks]

Answer:
1. The Basic Structure doctrine invalidates any constitutional amendment that destroys or damages an essential feature of the Constitution, such as secularism, democracy or federalism.
2. Judicial review has itself been held to be part of the basic structure; hence, any amendment abolishing judicial review over fundamental rights can be struck down.
3. This doctrine was evolved in the Kesavananda Bharati case, where the Supreme Court held that though Parliament can amend any part of the Constitution, including Fundamental Rights, it cannot alter the Constitution's basic structure.

Teacher's Note:
a) Kesavananda Bharati (1973) is the landmark case - always mention it for full marks.
b) This doctrine acts as a check on Parliament's otherwise unlimited amending power.

OR

(b) Explain the constitutional provisions relating to the establishment of Tribunals in India. [3 Marks]

Answer:
1. The 42nd Constitutional Amendment Act, 1976 inserted Articles 323A and 323B, marking the beginning of "tribunalisation" of the Indian judiciary.
2. Article 323A empowers Parliament to establish administrative tribunals for disputes relating to public services.
3. Article 323B allows both Parliament and State Legislatures to set up tribunals for other matters such as taxation, land reforms, labour and environment.

Teacher's Note:
a) Distinguish administrative tribunals under Article 323A from subject-specific tribunals under Article 323B.
b) Tribunals were introduced to reduce the burden on regular courts and provide speedier, specialised justice.

30. Rita & Shyam are involved in a property dispute and prefer a resolution without going to court. They want to maintain control over the outcome and not be told what is a fair solution.
(a) Identify the type of mediation they should opt for. State any two characteristics of this form of mediation.
(b) How does the mediation identified in (a) above differ from evaluative mediation ? [2 + 1 = 3 Marks]

Answer:
1. (a) Rita and Shyam should opt for Facilitative Mediation. Two characteristics: the mediator guides the communication process without offering opinions or judgments; and the parties themselves control what is discussed and how their dispute is resolved.
2. (b) Facilitative mediation differs from evaluative mediation in that the facilitative mediator only facilitates dialogue and acts as guardian of the process, while an evaluative mediator gives an opinion on a fair or likely settlement and directs the parties toward it.

Teacher's Note:
a) Key distinguishing word: "facilitate" versus "evaluate."
b) Facilitative mediation suits parties, like Rita and Shyam, who want to retain control over the outcome.

31. (a) Both strict liability and negligence deal with causing harm, yet they differ in the role of carelessness in establishing liability.
Analyse this statement with the help of relevant case laws. [3 Marks]

Answer:
1. Negligence is the breach of a duty to take reasonable care resulting in harm; the claimant must prove a duty of care, its breach and resulting damage, as established in Donoghue v Stevenson.
2. Strict liability makes a person liable for harm caused by an inherently dangerous thing kept on their premises, even without any fault or carelessness, as laid down in Rylands v Fletcher.
3. Thus, while negligence requires proof of the defendant's carelessness, strict liability fixes responsibility regardless of the degree of care taken.

Teacher's Note:
a) Always cite Donoghue v Stevenson for negligence and Rylands v Fletcher for strict liability.
b) The key difference examiners look for is the role of fault/carelessness in fixing liability.

OR

(b) "Ownership of property does not itself confer the right to transfer it."
In this context, analyse the competencies of the transferor under the Transfer of Property Act, 1882. [3 Marks]

Answer:
1. The transferor must be of sound mind at the time of transfer.
2. The transferor must be a major, i.e., above 18 years of age.
3. He must either own the property or be duly authorised to transfer it, and must not be legally disqualified from being a transferor.

Teacher's Note:
a) Competency requires both capacity (age, mental soundness) and title or authority over the property.
b) A minor or a person of unsound mind cannot be a valid transferor.

32. Keshav transferred his house to his childhood friend Sudama by way of 'gift'. Unfortunately, Sudama died before accepting the 'gift'.
With reference to the above facts, answer the following :
(i) Explain the meaning of 'gift' as per Section 122 of the Transfer of Property Act, 1882.
(ii) Identify the 'donor' and the 'donee' in the above transaction.
(iii) State the effect of Sudama's demise on the transfer. [1 + 1 + 1 = 3 Marks]

Answer:
1. A 'gift' under Section 122 of the Transfer of Property Act, 1882 is the voluntary transfer of ownership of property, made without consideration, by one person (donor) to another (donee), and accepted by or on behalf of the donee.
2. Donor - Keshav; Donee - Sudama.
3. Since Sudama died before accepting the gift, the gift becomes void, as acceptance is an essential requirement for a valid gift.

Teacher's Note:
a) No consideration is needed in a gift, unlike a sale.
b) Acceptance during the lifetime of both donor and donee is mandatory for a valid gift.

33. (a) Explain the primary sources of International Law under Article 38(1) of the statute of The International Court of Justice (ICJ). [3 Marks]

Answer:
1. International conventions/treaties recognised by contesting states - legally binding, written agreements in which states agree to act in a particular manner.
2. International custom, as evidence of a general practice accepted as law - rules developed through consistent state practice, independent of treaty law.
3. General principles of law recognised by civilised nations - principles common to major legal systems, such as justice, equity and natural law.

Teacher's Note:
a) These three are the "primary" sources; judicial decisions and juristic writings are subsidiary sources.
b) Customary law requires both consistent state practice and the belief that it is legally binding (opinio juris).

OR

(b) Why was the International Criminal Court (ICC) established ?
Analyse how its jurisdiction, as mentioned in the Rome Statute, is more restricted than that of ordinary criminal courts. [3 Marks]

Answer:
1. The ICC was established under the Rome Statute to prosecute individuals for the most serious crimes of international concern - genocide, war crimes, crimes against humanity and the crime of aggression.
2. It can act only when a state accepts its jurisdiction, either because the crime occurred on its territory or the accused is its national.
3. Unlike ordinary criminal courts, which have wide territorial authority over all offences, the ICC's jurisdiction is limited and complementary, exercised only when national courts are unable or unwilling to prosecute.

Teacher's Note:
a) The ICC is a court of last resort, complementary to domestic criminal justice systems.
b) It tries only the four core international crimes named in the Rome Statute, not ordinary offences.

34. In 2024, international media reported large-scale atrocities committed against a minority community in Ravania, where thousands of civilians were subjected to torture and forced displacement by government forces. Although the violations occurred entirely within Ravania's borders, the government of Norland, a distant country, filed a complaint before the International Court of Justice (ICJ), urging the global community to intervene and hold Ravania accountable for these grave atrocities.
(a) Identify and explain the type of obligation under international law that allows Norland to take such action against Ravania.
(b) How does International human rights law empower states like Norland in addressing such violations ? [2 + 1 = 3 Marks]

Answer:
1. (a) This is an example of an erga omnes obligation - obligations owed by every state to the international community as a whole, arising when violations are so grave, such as genocide or torture, that all states share an interest in preventing and punishing them.
2. (b) International human rights law transcends national borders and empowers the international community to actively raise concerns and seek accountability for human rights violations occurring even within another sovereign state.

Teacher's Note:
a) "Erga omnes" means "towards all" - remember this term for such questions.
b) This concept justifies third-party states or the ICJ intervening in another country's internal human rights violations.

35. A dispute arose between a passenger and a government transport service regarding damage to goods during transit. The passenger approached a forum established under the Legal Services Authorities (Amendment) Act, 2002. The forum first tried to settle the matter through conciliation. When no settlement was reached, it proceeded to decide the case and passed an award that both parties were required to follow.
Identify the forum mentioned in the case and explain how the procedure followed by it makes it distinct from ordinary courts. [3 Marks]

Answer:
1. The forum is the Permanent Lok Adalat, established under the Legal Services Authorities (Amendment) Act, 2002.
2. It first attempts to settle the dispute through conciliation in an independent and impartial manner, and if conciliation fails, it decides the dispute itself, guided by principles of natural justice, equity and fair play rather than strict procedural law.
3. Its award is final, deemed to be a decree of a civil court, and cannot be appealed, unlike the judgments of ordinary courts.

Teacher's Note:
a) The Permanent Lok Adalat handles disputes relating to public utility services and combines conciliation with adjudication.
b) Its award is final and binding, with no scope for appeal, unlike regular court decisions.

36. (a) State the significance of the International Covenant on Civil and Political Rights (ICCPR) in relation to free legal aid in India ? [3 Marks]

Answer:
1. The ICCPR contains an explicit provision requiring states to provide legal services/assistance to individuals.
2. India ratified the ICCPR (in force from 1976), and is thus bound by the international obligation to provide free legal assistance as per its requirements.
3. Giving effect to this obligation, the Constitution (Forty-second Amendment) Act, 1976 inserted Article 39-A, directing the State to ensure equal justice and free legal aid to those unable to access it due to economic or other disabilities.

Teacher's Note:
a) Always link the ICCPR's ratification to the insertion of Article 39-A through the 42nd Amendment.
b) Indian courts try to interpret domestic law harmoniously with international obligations wherever possible.

OR

(b) Describe the main provisions related to the selection, tenure and duties of panel lawyers under the National Legal Services Authority (Free and Competent Legal Services Regulation), 2010 (NALSA Regulations, 2010). [3 Marks]

Answer:
1. Selection: The legal services institution invites applications from experienced legal practitioners; the panel is prepared by the Executive Chairman in consultation with the Attorney-General/Advocate-General/Government Pleader and the Bar Association President, and requires at least three years of practice at the bar.
2. Tenure: The panel of lawyers is reconstituted every three years, without disturbing ongoing cases handled by existing panel lawyers.
3. Duties: Panel lawyers must perform their duties diligently and cannot accept any fee or consideration from beneficiaries; non-performance or violation of the Regulations can lead to their removal.

Teacher's Note:
a) A minimum of three years' bar experience is required for empanelment.
b) Panel lawyers cannot charge beneficiaries directly, ensuring free legal aid remains truly free.

SECTION - D

37. (a) Read the following situations and answer whether the citizen's Fundamental Right under Article 19 has been violated, justify with reference to relevant clause of Article 19. [1 + 1 + 1 + 2 = 5 Marks]
(i) A political cartoonist published satirical sketches exposing instances of corruption in local administration. The posts gained wide public support and criticism of certain officials but caused no violence or disturbance. The government banned his online content citing "offence to public order".
(ii) Ravi, an environmental engineer from Lucknow, is appointed to oversee a government-approved eco-housing project in a hilly area of Meghalaya. When he applies to purchase land in a village notified for the protection of the interests of a Scheduled Tribe, his request is declined by the District Administration. Ravi argues that this denial violates his right to reside and settle anywhere in India.
(iii) The City Medical Council temporarily suspends Dr. K's licence to practise after multiple patient complaints and an inquiry finding lapses in medical ethics. Dr. K contends that the decision violates his freedom to practise any profession. The Council argues that the suspension is necessary.

(b) Are the freedoms under Article 19 unlimited ? Explain briefly with reference to reasonable restrictions.

Answer (i): Yes, there is a violation of Article 19(1)(a) - freedom of speech and expression. The satirical cartoons merely criticised administration and caused no violence or disturbance, so banning them citing "public order" is an unreasonable restriction under Article 19(2).

Teacher's Note:
a) Satire and criticism of the government are protected speech unless they actually incite disorder.
b) A reasonable restriction requires a real, not imaginary, threat to public order.

Answer (ii): No, Ravi's right under Article 19(1)(e) to reside and settle anywhere in India is not violated, as this right is subject to reasonable restrictions under Article 19(5) for protecting the interests of Scheduled Tribes; hence the denial of land purchase in a notified tribal area is valid.

Teacher's Note:
a) Article 19(5) specifically permits restrictions to protect Scheduled Tribes' interests in notified areas.
b) A general right to settle anywhere cannot override specific protective land laws.

Answer (iii): No, Dr. K's right under Article 19(1)(g) to practise any profession is not violated, as this right is subject to reasonable restrictions under Article 19(6) in the interest of public health, safety and professional standards; temporary suspension after an ethics inquiry is a valid restriction.

Teacher's Note:
a) Article 19(6) permits restrictions relating to professional or technical qualifications and standards.
b) Temporary suspension pending inquiry is different from a permanent ban and is usually held reasonable.

Answer (b): No, the freedoms under Article 19 are not unlimited. They are subject to "reasonable restrictions" that the State may impose under clauses (2) to (6) of Article 19, in the interest of matters such as the sovereignty and integrity of India, security of the State, public order, decency, morality, and the protection of Scheduled Tribes' interests.

Teacher's Note:
a) Reasonable restrictions balance individual freedom with larger public interest.
b) Courts examine whether a restriction has a rational nexus with its stated object before upholding it.

38. What is meant by discharge of contract ? Illustrate your answer with reference to the following situations, commenting on the liability of parties and damages, wherever applicable. [5 Marks]
(i) Ramesh owns a company that supplies mineral water for large public events. He entered into a contract with the municipal corporation to supply 5,000 litres of bottled water for a three-day cultural festival in a remote town. On 9th November, a massive landslide blocked all access roads to the town and destroyed Ramesh's delivery trucks. As a result, it became physically impossible for Ramesh to deliver the water to the festival venues on the scheduled dates. Ramesh informs the municipal corporation about the situation.
(ii) Neha, the owner of a high-end boutique in Delhi, entered into a written contract with Arjun, a textile supplier, for the delivery of 100 custom-designed silk shirts by 1st October, specifically meant for her Diwali fashion launch on 3rd October. The contract expressly mentioned that "time is of the essence". Arjun, however, delivered the shirts on 18th October, citing transport delays and shortage of skilled labour. By then, Neha had already sourced substitute stock from another supplier at a 25% higher cost and suffered a loss of business reputation and unsold festive inventory.

Answer:
1. Discharge of contract means the termination of the contractual relationship between the parties, which happens when their mutual obligations are fulfilled, or through agreement, breach, or impossibility of performance.
2. Situation (i) is a case of discharge by supervening impossibility of performance. The landslide made it physically impossible for Ramesh to deliver the water on the scheduled dates, an unforeseeable event beyond his control.
3. Liability in situation (i): Ramesh is not liable for non-performance, and the Municipal Corporation cannot claim damages from him, since the impossibility was not caused by his fault.
4. Situation (ii) is a case of discharge by breach of contract. Since the contract expressly stated "time is of the essence" and Arjun delivered the shirts 17 days late, he breached an essential term of the contract, discharging Neha from accepting the delayed goods.
5. Liability in situation (ii): Arjun is liable for the breach, and Neha can claim damages/compensation from him for the extra 25% cost of substitute stock and the loss of business reputation suffered.

Teacher's Note:
a) Distinguish discharge by impossibility (no fault, no damages) from discharge by breach (fault, damages payable).
b) The phrase "time is of the essence" makes timely delivery a condition, not merely a warranty.
c) Quantify the loss where the question gives figures, like the 25% higher cost here, to show application skills.

39. (a) The introduction of the One Person Company (OPC) under the Companies Act, 2013 represents a significant shift from traditional individual business models in India. Analyze how the OPC structure attempts to merge the advantages of corporate identity with single ownership and evaluate its distinction from a Sole Proprietorship with reference to liability, legal status and continuity. [5 Marks]

Answer:
1. Separate legal identity: An OPC is a distinct legal entity separate from its owner, unlike a sole proprietorship, and can own property and sue or be sued in its own name.
2. Limited liability: The sole member's liability is limited to the capital contributed, unlike the unlimited personal liability of a sole proprietor.
3. Corporate benefits: OPCs can raise funds, open bank accounts and avail regulatory and tax benefits, with structured governance through a director.
4. Perpetual succession: An OPC continues even after the member's death, since a nominee runs the company in the member's place, whereas a sole proprietorship ceases on the owner's death, insolvency or retirement.
5. Registration: Incorporation of an OPC is mandatory under the Companies Act, 2013, while a sole proprietorship needs no formal registration.

Teacher's Note:
a) The four key comparison points examiners look for are liability, legal status, continuity and registration.
b) A nominee must be appointed at the time of OPC incorporation to ensure its perpetual succession.

OR

(b) Rita was found dead under mysterious circumstances within three years of her marriage. Her parents alleged continuous harassment for dowry by her husband and in-laws. During trial, the defence argued that the prosecution failed to prove guilt beyond reasonable doubt, invoking the golden thread principle of criminal law. However, the court relied on the presumption of guilt under the dowry death provision.
Explain how the 'golden thread principle' operates in criminal law. Analyze why, in certain cases like dowry death, the burden of proof shifts to the accused under the reverse onus clause. [5 Marks]

Answer:
1. In criminal law, an accused is presumed innocent until proven guilty; this is known as the "golden thread principle."
2. The burden of proof lies entirely on the prosecution, which must prove guilt "beyond reasonable doubt"; the accused need not prove his own innocence.
3. Because of this principle, most accused persons do not need to lead separate defence evidence in India.
4. However, in certain offences such as dowry death, a "reverse onus clause" shifts the burden to the accused once the prosecution proves certain foundational facts, presuming guilt at first instance.
5. In dowry death cases specifically, once death occurs within a certain period of marriage under suspicious circumstances along with evidence of cruelty or harassment for dowry, the law presumes the accused's guilt, and it becomes the accused's burden to rebut this presumption.

Teacher's Note:
a) "Golden thread principle" = presumption of innocence combined with burden of proof beyond reasonable doubt on the prosecution.
b) The dowry death provision is the classic example of a reverse onus clause examiners expect students to cite.

40. (a) Aditi, Ben and Chintan are three friends exploring options to become practising lawyers in India. Aditi has completed her LL.B. from an Indian university recognized by the Bar Council of India. She wants to enrol as an advocate and start practising law. Ben has completed his law degree from the United Kingdom and wishes to practise in India but is unsure under what conditions his foreign degree will be recognized. Chintan has completed an MBA and is planning to pursue a law degree. He is unsure whether he should opt for a 3-year LL.B. program or a 5-year integrated law program to be eligible to practise law in India. They approach Aditi's father for guidance on their legal education and career paths.
(i) Name the body where Aditi will apply for enrolment as an advocate. After enrolment, when can she start practising law in India ? [1 Mark]
(ii) What condition must Ben's foreign law degree satisfy for him to be eligible to practise law in India ? [1 Mark]
(iii) Which law program should Chintan choose after his MBA to become eligible to practise law in India ? [1 Mark]
(iv) Suppose Aditi wishes to become an Advocate-on-Record in future, explain the eligibility criteria and procedure she must follow. [2 Marks]

Answer (i): Aditi will apply for enrolment at the State Bar Council. After enrolment and clearing the All India Bar Examination, she can start practising law in India.

Teacher's Note:
a) Enrolment is done at the State Bar Council, not the Bar Council of India directly.
b) Clearing the All India Bar Examination is necessary before actual practice begins.

Answer (ii): Ben's foreign law degree must be recognised by the Bar Council of India, and it must be from a country that allows Indian law graduates to practise there on a reciprocal basis.

Teacher's Note:
a) Reciprocity is the key condition for recognition of foreign law degrees.
b) Without reciprocal arrangements, a foreign degree holder cannot practise law in India.

Answer (iii): After his MBA, Chintan should choose the 3-year LL.B. programme, which is meant for graduates and makes him eligible for enrolment with the Bar Council.

Teacher's Note:
a) The 5-year integrated programme is meant for students entering after Class 12, not graduates.
b) Graduates in any discipline are eligible for the 3-year LL.B.

Answer (iv): To become an Advocate-on-Record, Aditi must have practised as an advocate for at least 4 years, undergo one year of training under a Senior Advocate-on-Record, pass the AOR examination conducted by the Supreme Court, and maintain a registered office within 10 miles of the Supreme Court along with a registered clerk.

Teacher's Note:
a) Only Advocates-on-Record can file cases directly before the Supreme Court.
b) The minimum 4 years of practice and passing the AOR exam are the two most important eligibility conditions to remember.

OR

(b) Three friends - Riya, Meera and Anika - have recently completed their law degrees and are exploring different career opportunities : Riya joins LexCorp Law Firm to work in their transactional law department, focusing on corporate transactions. Meera is keen on public policy and secures a fellowship with PRS Legislative Research. Anika joins the Judge Advocate General (JAG) Department of the Indian Army.
(i) Which career path is Riya pursuing and what type of work will she be involved in ? Mention one key skill or knowledge area Riya must develop to succeed in transactional law. [2 Marks]
(ii) How is Meera contributing to the public policy sector, and what opportunities does it offer law graduates ? [1 Mark]
(iii) What kind of legal work will Anika perform in the JAG Department ? [2 Marks]

Answer (i): Riya is pursuing a career in transactional/corporate law at a law firm, where she will advise clients on corporate transactions, draft contracts, assist in negotiations and ensure regulatory compliance. A key skill she must develop is strong contract drafting and negotiation ability, along with sound knowledge of company and commercial law.

Teacher's Note:
a) Transactional lawyers focus on structuring and documenting business deals, not litigation.
b) Regulatory compliance knowledge is essential for advising corporate clients correctly.

Answer (ii): Meera is contributing to public policy by working as a legislative research fellow, assisting in drafting bills and conducting policy research. This sector offers law graduates opportunities such as fellowships with organisations like PRS Legislative Research, or roles in regulatory bodies like SEBI and the Competition Commission of India.

Teacher's Note:
a) Public policy work often involves assisting Members of Parliament in drafting and reviewing bills.
b) Regulatory bodies and law firm policy departments are other avenues for law graduates interested in this field.

Answer (iii): In the JAG Department, Anika will handle military-related disciplinary cases and litigation, provide legal assistance to the Army in human rights and rule of law matters, and assist in emerging areas of military law such as cyber law, space law and issues relating to terrorism.

Teacher's Note:
a) The JAG advises the Chief of the Army Staff on legal matters and heads this department.
b) JAG lawyers increasingly deal with modern legal issues like cyber and space law within the military context.

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