Nios Class 12th Introduction to Law Solved Previous Year Question Paper in English Medium￼
SECTION – A
Q.1. what is the importance of Constitution?
Ans. The Constitution of India is the Supreme Law of land. It lays down the frame work defining fundamental political Principles establish the structure, procedure, powers and duties of the government and spells out the fundamental rights directive principles and duties of the citizens.
Q.2. what are the Source of Law?
Ans. The general meaning of the word ‘source’ is origin. The expression ‘Source of Law’, therefore means the source from where rules of human conduct come into existence and derive laga force of binding character.
Sources of law can be divided as lows: (a) Custom (b) Judicial Precedent (c) Legislation
Q.3. what do you understand by Child Marriage?
Ans. It is a term of marriage where bride and bridegroom has not attained the age of 18 years and 21 years respectively,
Q.4. on which day Constitution Day is celebrated in India and why?
Ans. Constitution Day is celebrated on 26th November, because on this day 26th Nov., 1949 constitution was adopted. .
Q.5. what is the full form of ADR?
Ans. Alternative Dispute Resolution.
Q.6. State the two main principle of Natural Justice,
Ans. Two main principle of Natural Justice are:
(a) ‘Nemo Index in causasua’ – No one should be made a judge in his own cause
(b) Audi Alteram partem’ – Hear the both sides
Q.7. what is deterrent theory of punishment?
Ans. A punishment is primarily deterrent when its object is to show the futility of crime and thereby teach a lesson to others.
Q.8. Define the term ‘Actus Reus’
Ans. Actus Reus is a Latin term that means guilty act it may be an act of commission or an act of omission.
Q.9. “The Preamble is an integral part of the situation’. Examine this statement in the light olevant cases.
Ans. The Constituent Assembly adopted a motion that “the Preamble stands part of the constitution.” The Constitution including the preamble, must be read as a whole and incase of doubt interpreted consistent with its basic objectives stated in the preamble.
The Supreme Court in Kesavananda Bharti V, Union of India held that the Preamble was an integral part of Constitution and the observations to the country in Berubari Union case were not correct.
The Supreme Court in Minerva Mill and recently in Jammu & Kashmir Panthers Party V. Union of India retirerated that Preamble terms part of the basic structure of the constitution.
Q.10. State any four federal features of the Constitution of India.
Ans. The Indian Federal System of today has such characteristics which are essential for the federal polity. The four federal features are:
(i) Written and Rigid Constitution
(ii) Supremacy of the Constitution
(iii) Division of Powers
(iv) Bicameral Legislature
Q.11. Describe the main components of “Continental Legal System’.
Ans. The main components of Legal System are:
(a) Importance of Acts, Status passed has the Parliament or component authorities.
(b) Composition of Judiciary
(c) Power of the Judges to make law
(d) Inquisitorial approach to the Court proceeding
Q.12. Identify the various ‘exceptions’ to the Rule of Natural Justice.
Ans. Application of the Principle of Natural Justice can be excluded either expressly or by necessary implications subject to the provision of Article 14 and Article 21 of the constitution.
(i) Exclusion Emergency.
(ii) Exclusion in case of confidentially.
(iii) Exclusion in case of routine matters.
(iv) Exclusion based on Impracticability,
(v) Exclusion in case of preventive action.
Q.13. Define Criminal Law. What is the importance of mental element of Criminal law?
Ans. Criminal Law has been defined by Sutherland and Cresses as conventionally a body of specific regarding human conduct which have been promulgated by political authority which apply to all members of the class to which the rules refer and which are enforced by administered by the State.
According to Salmon crime is an act deemed by law to be harmful to society in general, even though its immediate victim is an individual. Indian Penal Code, 1860 does not define a crime. A crime can be said to be an act of commission or omission, contrary to law, tending to the prejudice of a community, for which judgment may be inflicted as the result of judicial proceedings taken in the name of the State.
Thus, it is clear that a crime is what the State has through an enactment of the legislature as punishable. In other words, there is no crime apart from what the legislature have laid them in this regard. An important point to note in this regard is that an act while not falling within the purview of crimes defined by the legislature may still be a moral crime.
As crimes are acts declared by the legislature at a given time to be punished, it follows that there can be no hard and fast rule in respect of the law of crimes. In a fast changing world, the ideals of society may change and today’s idea of crime may not necessarily respond with that of a later age. Further, different societies and different countries may have different deals about criminality. What is criminal in one particular country may not be so in other.
The fundamental principle of penal liability is contained in the Latin maxim Actus non facit nisi mens sit rea i.e., an act itself is not criminal unless accompanied by a guilty mind. Thus the components of a crime are physical act or actus Reus and the guilty mind or mens rea.
Actus Reus has been defined as “such result of human conduct as the law seeks to prevent”. Mens rea is a loose term of elastic signification and covers a wide range of mental states and conditions, the existence of which would give a criminal hue to actus Reus.
Sometimes it is used to refer to a foresight of the consequences of the act and at other times, act per se respective of its consequences. In some cas stands for a criminal intention visible to a disco and pre-meditated murder committed with a full foresight of its fatal consequences. In other cases It connotes mental conditions of a weaker shad such as are indicated by words of knowledge, belief criminal negligence or even rashness in disregard of consequences
Q.14. what are Fundamental Duties? Are they Justifiable? Write about three fundamental rights.
Ans. The Constitution 42″ Amendment Act, 1996, introduced the innovative concept of Fundamental Duties of Indian Citizens in the constitution.
Fundamental duties are not enforceable. Three Fundamental duties are:
(a) To abide by the constitution and respects its ideals and institution, the National Flag and the National Anthem.
(b) To uphold and protect the sovereignty, unity and integrity of India.
(c) To defend the country and sender national service when called upon to do so.
Q.15. Is Right to Education a Fundamental Right? What are the provisions in the constitution regarding to Right to Education?
Ans. Yes, Right to Education is Fundamental Right.
The Right to education was initially not included as a fundamental right in the Constitution and was included as a directive principle under Article 45 which required the State to endeavour to provide, within a period of 10 years from the commencement of the Constitution, for free and compulsory education for all children until they complete the age of 14 years.
The Court had emphasized that “a child has a fundamental right to free education up to the age of 14 years.” The obligation can be discharged by the state either through government schools, or private schools run by non-governmental bodies, aided and recognized by the state.
Right to Education under Article 21A
The right to education flows directly from right to life. The right to education has been treated as one of transcendental importance in the life of an individual which has been recognized not only in this country since thousands of years, but all over the world.
Imparting of education is a sovereign function of the State. Further, Article 15(3) envisages special protection and affirmative action for children.
Q.16. what steps have been taken by the Government so far to implement the Directive Principle of State Policy? Describe.
Ans. The directive principles seek to give certain directions to the legislature and governments in India as to how and in what manner and for that purpose they are to exercise their power. The reason behind the legal non-enforceability and the non-justifiability of these principles is that they impose positive obligations on the State. While taking positive action government functions under several restraints the most crucial of these being that of resources. The constitution makers therefore taking pragmatic view refrained from giving enforceability to these principles. They believed more in awakened public opinion rather than court procedures as the ultimate sanction for the fulfillment of these principles.
In LilvThomas v. Union of India, the Apex Court reiterated that this Court has no power to give directions for the enforcement of the Directive Principles of the State Policy. This Court has time and again reiterated the position that Directive Principles are not enforceable in Courts, as they do not create any justifiable rights in favour of any person. But the Courts are nevertheless, bound to evolve, affirm and adopt principles of interpretation which will further and not hinder the goals set out in the Directive Principles of State Policy. If any restriction so imposed which has the effect of promoting or effectuating a directive principle can be presumed to be a reasonable restriction in public interest.
(i) First, whereas Article 45 provides that the application of the principles of social policy shall not be cognizable by any court, Article 37 says that the Directive Principle shall not be enforceable by any court;
(ii) Second, whereas Article 45 provides that the principles of social policy are intended for the general guidance of the Directress, Article 37 makes the Directive Principles fundamental in the governance of this county; and
(iii) Last, whereas Article 45 declares that the application of principles of social policy in the making of laws shall be the care of the Direchtas exclusively, Article 37 enacts that it shall be the duty of the State to apply the Directive Principles in making laws.
The changes made by the framers of the constitution are vital and they have the effect of bringing about a total transformation or metamorphosis of this provision, fundamentally altering its significance and efficacy.
The grant of virtual monopoly of a business to a co-operative society cannot be declared unconstitutional even if it may infringe Art. 39. Therefore a directive principle cannot confer any legislative competence on a legislature which it does not have otherwise. The competence of a legislature to enact a law is to be adjudged with reference to the entries in the three legislative lists and not with reference to the Directive Principles which confer no legislative power. For example, a resolution passed by a municipality which is ultra vires the Municipal Act cannot be validated by invoking a Directive Principle. Thus the underlined principle is that the Directive Principles guide the exercise of legislative power but do not control the same or create any justifiable right in favour of an individual.
Q.17. Describe the composition of the Supreme Court with reference to the appointment of judges.
Ans. The Supreme Court of India consists of a Chief Justice and, 30 other Judges. The Parliament may increase this number by law.
Originally, the total number of judges was seen but in 1977, it was increased to 17 and in 1986 to 25, excluding the Chief Justice. Later in 2009, it was fixed at 31 Judges including the Chief Justice of India.
Under article 124(2), Supreme Court judges are to be appointed by the President “after consultation with such judges of the Supreme Court and of the High Court’s as the President may deem necessary”. The provision in the Article says that in the case of appointment of a judge other than the Chief Justice, the Chief Justice of India shall always be consulted. – It is obligatory for the Government in which it has to consult the Chief Justice and other judges.
Significantly, the appointment is not require be made in consultation but only after consultation and the opinion should be in written. In actual practice, after receiving the opinion of the Chief Justice, the Cabinet deliberates on the matter and advises the President in regard to the persons to be appointed. The President acts on the advice. The Chief Justice has to consult four senior most Judges of the Supreme Court and if two of the four disagree on some name, it cannot be recommended. Infect, decisions are to be taken by consensus where the Chief Justice and at least three of the four Judges agree.
In case of the Chief Justice, the senior most Judges is usually appointed. The practice has virtually been transformed into a convention and is followed by the executive without any exception. But on April 25, 1973, the convention was broken when the Government appointed Justice A.N. Roy superseding three of his senior colleagues. The government’s action has been criticized of arbitrariness and undermining the independence and impartiality of the Judiciary. To avoid such types of controversies, a bill was introduced in the Lok Sabha by the National Front Government for setting up a National Judicial Commission in 1990 by the then Law Minister, Dinesh Goswami, empowering the
President to constitute a high level Judicial Commission for making recommendation for the appointment of the Judges to the Supreme Court (other than the Chief Justice of India), Chief Justice of High Courts and to the transfer of Judges from one High Court to another. But the Constitutional Amendment Bill lapsed consequently upon the dissolution of the Lok Sabha.
A person to be qualified for appointment as a Judge of the Supreme Court
- must be a citizen of India;
- should have been a Judge of the High Court, for at least five years;
- should have been an advocate of the High Court for at least ten years; and
- is a distinguished Jurist in the opinion of the
President interestingly, a non-practicing or an academic lawyer may also be appointed as Judge of the Supreme Court, if he/she is, in the opinion of the President, a distinguished Jurist. But in India so far, no non practicing lawyer has been appointed as a Judge of the Supreme Court. –
Q.18. State Briefly the main aim of Right to Information (RTI) Act, 2005. Briefly explain the main provision of RTI Act, 2005.
Ans. The Right to information (RTI) was much more sought than ever. This was due increasing volume of corruption and unwanted delays in work. The public at large was getting harassed. Mentally as well as physically and also financially to put a check on it, RTI acts enacted by Govern of India in year 2005. Right to Information A 2005 mandates timely response to citizen request for government information.
It is an initiative take by Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pension to provide a RTI Portal Gateway to the citizens for quick search of information on the details of first Appellate Authorities, PIOs etc. amongst others, besides access to RTI related information i disclosures published on the web by various Public Authorities under the Government of India as well as Information to the Citizens”. This Act is updated till February 2011.
This Act is comprised of six Chapters and total of thirty-one Sections and two Schedules. The first chapter explains preliminary aspects of the act like, definitions, titles and commencements etc. The second chapter explains right to information and obligations of public authorities, sections so covered are, right to information, obligation of public officer, designation of public officers, request for obtaining information, disposal of request, exemptions, grounds for rejection of application, severability and third party information. The third chapter explains about the central information commission, sections covered under this chapter are, constitution of central commission, term of office, conditions of service information commission which operates at the state level. This chapter is comprised of similar sections of chapter three but åt state level, like constitution of state commission etc.
The fifth chapter explains the various powers and functions of CIC at the central level and also at the state level as well as penalties and appeals are also covered under this chapter. The chapter is comprised of the sections like, power and functions of CIC, appeals and penalties. The last and the sixth chapter is about miscellaneous aspects of the act. This is longest chapter of the act that is contains 11 sections. The sections are, bonafide protection of action, overriding effect, jurisdiction of courts, non application of act on certain organizations, monitoring and reporting, appropriate Government to prepare programmers, power to make rules by appropriate government, power to make rules by competent authority, lying of rules, power to remove difficulties and repeal.
The Government of India has also issued guidelines to the information seekers to ease their work and efforts in the process. These guidelines are comprised in the official public document, “flows To Get Information from the authorities of the Central Government under The Right to Information Act, 2005.”
This document, which is comprised of 17 topics, explains the various aspects of the process to ease out the hurdles in obtaining the information by the information seeker. These topics are broadly explained as under:
- Object of the right of information act
- What is information
- Right to information under the act
- Exemptions from disclosure
- Central public information officers
- Assistance available from CPIO’s
- Suo motu disclosure
- Method of seeking information.
- Fee for seeking information
- Format of application
- Disposal of the request
- First appeal
- Second appeal
- Disposal of appeals and complaints by the CIC
- Important websites
Q.19. what is the role of Legal Service Authorities in legal system.
Ans. In 1987 Legal Services Authorities Act was enacted to give a statutory base to legal aid programmers throughout the country on a uniform pattern. The Legal Services Authorities Act, 1987 made drastic changes in the field of legal services. It is an Act to constitute legal services authorities to provide free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
Every person who has to file or defend a case shall be entitled to legal services under this Act if that person is
(a) A member of a Scheduled Caste or Scheduled Tribe;
(b) A victim of trafficking in human beings or begar;
(c) A woman or a child;
(d) A mentally ill or otherwise disabled person; a person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or
(f) An industrial worker; or.
(g) In receipt of annual income less than rupees nine thousand or such other higher amount as may be prescribed by hue State government, if the case is before a court other than the Supreme Court, and less than rupees twelve thousands or such other higher amount as may be prescribed by the Central government, if the case is before the Supreme Court.
Roles are as follows:
(a) Laying down, policies and principles for making legal services available under the
Provision of this Act;
(b) Framing the most effective and economical schemes for the purpose of making legal services available under the provisions of this Act;
(c) Utilizing the funds at its disposal and make appropriate allocations of funds to the State Authorities and District Authorities;
(d) Taking necessary steps by way of social justice litigation with regard to consumer protection, environment protection or any other matter of special concern to the weaker sections, of the society and for this purpose, give training to social workers in legal skills;
(e) Organizing legal aid camps, especially in rural areas, slums or labor colonies with the dual purpose of educating the weaker sections of the society as to their rights as well as encouraging the settlement of disputes through Lok Adalats;
(f) Encouraging the settlement of disputes by way of negotiations, arbitration and conciliation;
(g) Undertaking and promote research in the field of legal services with special reference to the need for such services among the poor;
(h) Monitoring and evaluate implementation of the legal aid programmers at periodic intervals and provide for independent evaluation of programmers and schemes implemented in whole or in part by funds provided under this Act;
Q.20. Write about the qualification, term and removal of the President of India.
Ans. The Term of Office
Article 56 explains about the term of office of the President.
(i) The President shall hold office for a term of five years from the date on which he/she enters upon his/her office.
(ii) A person who holds, or who has held office as President, shall subject to other provisions of the Constitution be eligible for re-election to the office. Our first President Dr. Rajendra Prasad was elected for two full terms. No other President has been elected for the second Terni.
Removal of the President
Article 61 of the Constitution lays down the condition for the removal (impeachment) of the President. Although the office of President-is of respect and dignity, yet he/she can be removed from his/her office for violation of the Constifutidrrr The resolution to impeach can be moved in any one of the two Houses of the Parliament. This resolution should be moved by at least one fourth, of the total members of the House and must be passed by not less than two-third majority of the total members of the House.
After being passed in one House, the resolution goes ‘to the second House for investigation.
The charges leveled against the President are investigated by the second House. President may defend him/her personally or through his counsel. If the second House also accepts the resolution by not less than the two third majority of the House, then the impeachment process succeeds and the; President Stands removed from his/her office on the date when it is passed in the second House. Such a resolution has to be passed by both the Houses this process of removal of the President is called Impeachment Qualifications: The qualifications required for the office of President are:
- He/she is a citizen of India;
- has completed the age of 35 years.
- Is qualified to be elected as a member of Lok Sabha and
- Should not hold any office of profit under the Union Government or any State Government However, the office of the President, the Vice President, the Governor or the Ministers of Union of State is not considered as an office of profit.
Q.21. what is Judicial Activism? Which two drawbacks of Judiciary resulted into judicial activism’?
Ans. The Supreme Court has now realized its proper role in a Welfare State and it is using this new strategy not only, for helping the poor for enforcing their Fundamental Rights but for the transformation of the. Whole society as ordered for a crime free society. The Supreme Court’s role in making up for inefficiency of the legislature and the executive is commendable. This is the evolving Judicial Activism of the higher courts.
Judicial Activism is a layman’s term for the role of Judiciary in initiating the policies to dispense justice. It is usually through the PIL, but the Supreme Court from time to time has given directions, passed writs and issued orders to redress the injustice either on the request or by its own.
Nevertheless, Judicial Activism has been under constant criticism from other two organs of the government, the Executive and the Legislature. Though it emerged only as a result of their inefficiency or lukewarm efforts to provide justice even then they target judiciary on the legal grounds of exceeding its-arena. Standing apart of the criticism it is the people who have to decide that what is wrong and what is right, and when it is the question of providing justice, the technicalities should not come in the way to foster justice. Judiciary has to act if and when time comes and other institutions failed on their respective parts.