weal LAW Paper—I war, dtr ae HERI FF; 250 ‘Time Allowed : Three Hours Maximum Marks : 250 weve weet aghr wet} aac SR wee Prefers wae sgt emepee EI SR ons (@) eT Se ae Hee ae oer ae feet Gi sh AT at F ot A wtterdl ge vie WaT B ae BT ger wate Leds aPrand 1 ter vet HR we ae Boa Bam uw wer gay Ee ee wee see rg veiw wean } aie wer Soda H Gfea Bt weeor # aftye an Hue fram area # vet we wae (QuesioncumAnower) sonar ers eg eo eee a Re \ wet & sor ff Pow me der} ogee AT aT weet & soe afin Brot MA SR Te ane re wer see Ao Mae A Re SRT TAR oat vert aiftes =o Fe me a1 see go Fae eM ToS at ame ant FG TATE ee wt we tH Wet 21 QUESTION PAPER SPECIFIC INSTRUCTIONS Please read each of the following instructions carefully before attempting questions. ‘There are EIGHT questions divided in Two Sections and printed both in HINDI end in ENGLISH. Candidate has to attempt FIVE questions in all. Question no, 1 and § are compulsory and out of the remaining, THREE are to be attempted choosing at least ONE from each section. ‘The number of marks carried by a question/part is indicated against it. ‘Answers must be written in the medium authorized in the Admission certificate which must be stated clearly ‘on the cover of this Question-cum-Answer (QCA) booklet in the space provided. No marks will be given for answers written in medium other than the authorized one. Word limit in questions, wherever specified, should be adhered to. Attempts of questions shall be counted in chronological order. Unless struck off, attempt of a question shall be counted even if attempted partly. Any page or portion of the page left blank in the answer book must be clearly struck off. ASBRE-M_MBXA 1 xxEat SECTION—A Ql. Frafafer % wae Aire (HAs Tat wT 150 wee FH Ca ake) -— Answer the following (each answer should be in about 150 words) :— 10%5=50 Q1@ Peas ard & der Fao enone cee foo wee ? aha vores & fatae Prof 3 omits H agemr athe) Has judiciary been @ hindrance or a facilitator in the interpretation of Directive Principles ? Examine in the light of various judgements of the Supreme Court, 10 1G) RE acter Samara sitemeter ar Afi afer & ed ee aie Arar a Ge tr aE saat ae" eat are “Fundamental duties are only ethical or moral duties and should not form a part of the fundamental law.” Comment. 10 Q. Ge) Fm aie Pere? Saree ce afronite St caver’ Hh ART a oii ae 2 7 ae greta welatta wef sfc Is ‘Commercial advertisement’ covered within the ambit of ‘freedom of speech and expression’ ? Discuss with reference to leading cases. 10 Q 1d aT 164) eA F eeteT GH ame F hes af a Saat F are BA wr Pre art & RY usr A afiga we at waahe aeeme wher aie Critically examine the constitutional validity of an amendment deleting Article 16(4) and authorising the State to make job reservation in favour of the backward classes of citizens. 10 Q.i@ us % site ware a Rein we tearpht af a ae eat & eq sit a fear oT wea er sey fees a staph ect Fo faq waa + eer at oT wed @ 2 at S eal F arate vier afi Doctrine of equality under the Constitution cannot be applied to legitimise an illegal act. Can equality be invoked to justify another wrong ? Critically examine with reference to : cases. 10 Qa) FU oT waa a wena FOP “aa Seer a Seder @ 2 aaa Hwa Sorter ation ger #7 anteanar Rent se Do you agree with the view that “Equality is antithesis of arbitrariness. In fact equality and arbitrariness are sworn enemies” ? Comment critically. 25 Q.2(b) “sree ot See erate ania S Pr-fewer F lene er ema oT 8 GE eA addi saree F aftare yurrer $ fate F veti" eon sacs “The Constitution of India merely subscribes to three-fold division of gubernatorial functions and not to the doctrine of separation of powers in its absolute rigidity.” Comment. 25 A-BRL-M-MEKA, 7Q. 3a) vera (after) # fattfgee cer eat afer wt ie tora HF arafer # fee are 368% seta deter ae PR wT wma) wAS ae F dat H feege wat se The goals specified in the Preamble contain basic structure of our Constitution, which cannot be amended under Article 368. Elaborate in context of leading cases. 25 Q. 30) sme aA Tees sor S gontn Sy aay F fee wlan aes 44!hy arc ath Profit a waar fr ma @ ? wat wife) What restrictions have been imposed by the Constitutional Amendment (44") to check misuse of proclamation of emergeney ? Discuss. 25 Q.4. Feafaite 1 anicereas fein fate Write critical notes on the following :— 50 Q.4(@) afte ateare 1 Residuary Powers. 15 Q 4b) FT ara 19% sects Bg Fare Pda @ aeaPaa Po a git @ on aa #7 Whether law relating to preventive detention can be challenged for violation of Article 19 ? 15 Q4@ war Re ear a yee) Introduction of Uniform Civil Code. 20 wee SECTION—B Q 5@) ‘aeris afer Preit ar uty fit Fase gg age F a aah’ creat arr # tt wag aot odie aekea Peat gw ec an ile a wei" arate weft # Pie aed Foner aig) yar wd aPadt & say aeacheee aire Pron 4&8 wtg wad & enisenit a one aa 7 “Due to increasing penetration of international legal rules within the domestic systems, the distinction maintained between two autonomous zones of international and municipal law has been somewhat blurred.” Explain with special reference to Indian practice. How international legal rules emanating from customs and treaties, influence the actions of domestic agencies ? 10 Q 5) agaedia a wt ee ww we gw veda (ad) ce ane ae oT oe wr owdeadf oY, ii & veer at aeavsar A Ae were Pera Hose fa etre a ade ee aHT 71 wrtad sor $ ded Haft ara F often od wate a wef AAC) ‘While concluding a multilateral treaty, a State can make reservation(s) and the other State(s) may accept or reject such reservation(s) without jeopardising the object and integrity of the treaty. Discuss the need and relevance of reservations in treaty law in the light of above statement, 10 ACBRI-M-MBXA 3 XXQ. 5) Q. 5(@) Q 5@) Q. 6a) meri ties, untine onfie er ot gar are we wee ug after wt erat aT SS age F arr (UD, 1982 wees afters F waar F acs atafie 2, waar | Explain the rights and duties of coastal state over continental shelf, exclusive economic zone and high seas as defined under the provisions of UN Convention on Law of Sea (HID), 1982. 10 ‘ya Wem 2 (Opinion No. 2) #, ier TW “The Arbitration Commission of European Conference” 3} wee wea YY gearer fem fe ‘ae achat wfaftos @ fe vies Sat tS, eeReater & afterre H, caaeaar wiftawr Ho fear Marea wee F Fe gare & aftada’ unfit 7ét iit (Uti possidetis juris) Rava (eafrms) we fe afew TG, rae (etiere) ra BF" aa 8 eT UR ope wea TAR) A wera | gam arched aia A ame ATT after & eo 2 efrater & fara at adnan weird A ere ACL ‘The Arbitration Commission of European Conference on Yugoslavia emphasised in opinion no. 2 that “it is well established that whatever the circumstances, the right to self-determination must not involve changes to existing frontiers at the time of independence (Uti possidetis. juris) except where the states concerned agree otherwise.” Explain the present day relevance of principle of self-determination as a human right incorporated in both the international covenants with the help of at least one actual instance. 10 “fat aaa ga tS tr Ss Pad sear wats dada ae Beer amen APT BB fq are weg ser aah AT" [Nottebohm case (second phase) ICJ, 1955] srtaa wer So ded F “osdaar” A aweren Wows anh A Tage eer aT wera Ferre “States are not under a duty to recognize a nationality acquired by a person who has no genuine link or connection with the naturalizing state.” [Nottebohm case (second phase) ICJ, 1955] In the light of above statement, explain the concept of ‘nationality’ and its acquisition with the help of suitable instances. 10 “siora ARF ax F arart wakea: Rea vals we Tet F ‘opinio juris’ ¥ eet aq sider wre deh AG ae aT A eta Fa Ey aie ara & ate & er ® ww fee vor Tren wet A ages of aahrs aa F dre meets ware A aaa “The substance of customary law must be looked into primarily in actual practice and ‘opinio juris’ of the States.” In the light of above statement and by referring to case law, explain the interplay between objective and subjective elements in acceptance of a particular custom as a source of international law. 25Q 6b) Q 7) Q. 7b) “aghar fie sie wea Ho wearer ee ad we ay me a aan eryT & adie area 84 3 fq usgaqe wer ar & Reg ae aor ft eam el Syd aoe wh wrsit era wake adi ati area FA ms BAH oe FS Poke araaerr fit a fier @ fest we mt F Re mks ug wad stipe Be omeaae (de facto) G4 SITTA (de jure) TIT F wera F yess s germ a, a a aver are werey FTG A ATT ea eTeeetaS (TENTTIRE) CE Aer seer (Gera) ar Re wh eT & art (wor aaa) Hear ae soe B ? “States are subject to a duty under International Law to recognise a new State fulfilling the legal requirements of Statehood, but the existence of such a duty is not borne out by the weight of precedents and practices of States. The decision of a State in according or withholding recognition is a matter of vital policy that each State is entitled to take by itself.” Reconcile and argue which of these two statements (extreme views) regarding recognition of a State given by Lauterpacht (obligatory) and by Podesta Costa (Facultative) is more appropriate, with the help of instances in regard to de facto and de jure recognition, 25 arntgia erpt # “area esquire” saurent acer $ az Bdge eee ret Wee SRT aT Wea A sale! A aren ‘aerecas’ oT ‘vent? arerwen Ho ers ferent S frecakfer veh F dad X are Fe) The concepts of ‘necessity’ and ‘proportionality’ are at the heart of self-defence in Intemational Law. Explain, in the light of UN Charter and recent trend of extending these to ‘pre-emptive’ or ‘anticipatory’ self-defence due to ‘the imminence of attacks and advancement in armaments’. 25 it ae (L,M wf N) a wr AS amie & AS vam sao Gah F sitet & ey X Prear aitay tec we Rena vee gat F sé wee SF ae BB Awe Fe Bowel sae sia Rar oer 81 Gea at wa BBA ae oe veri aft at wef aqare L, Mei Nat gern & fae ayde wat 21 MB gee wer 31 BA Be-B A Toe fam 2, ALM Na ger ae a we eG A 3 aaa Fat orate wet 1 cA ra ae wah FB Res “BCT S oe TAT 21 tar ARE AF fae ea cate, (i) BS fre wera watch, Gil) TET S ofa A group of three men (L, M and N) citizens of country A, posing as officers of premier investigating agency of A, rob a huge jewellery shop and then flee away to country B, where they are granted asylum. Government of A, requests B to extradite L, M and N in terms of extradition treaty between them. B declines. A sends spies to B who abduct L, Mand N and who produce them before the Court in A. ‘B” approaches ICJ against use of force by ‘A’. Prepare (j) A brief of arguments for A, (ii) A brief of arguments for B, Opinion of the Court, 25 A-BRL-M-MBXA, 5Q 8@) Q. 8(b) gn weve at (UN Charter) weSe-vi aera eee FB aifageh wrarref waits @1 aeafee fatdt at vet aie a ee were FX qa oftse wi were at qa ere sae a eae-VIH srafes sot Fo ares faq fen sea wT arr fre ort art afar ar a ene sec) Chapter VI of UN Charter is devoted to peaceful settlement of International Disputes. Discuss the methods mentioned and explain the role of Security Council and General Assembly in this regard, and the role such settlement plays in obviating the need to resort to Chapter VII measures, 25 gift a4 (European Union) & Ur weer we, St Preafafa Fat A wees gat & Aaa era we sen caer & uPereres aghrenfta scm, wayaere Baise wet dare are 4 ofteraee, seep tar a saath cata ame we aT a Tay seat, 227 (fuel) GH GREaMA 38 sade aeq we Fae TMI GS Pda oar ea aormerey wavs agree) arta after Fo gt da vec B ded A Pretted at afer ar Teerr atfere @ war ta Gi) ara after 4 ade Tare ‘A member of European Union has witnessed widespread disturbances, consequent upon amilitary coup, including censorship on all forms of media and communication, targeting civilians sympathetic with the ousted leader by assaulting and killing, severe rationing and control on essential commodities such as fuel and food resulting into galloping inflation. In the light of these grave violations of human rights, examine the role of : (i) Security Council (ii) European Court of Human Rights. 25