NATIONAL LAW UNIVERSITY, DELHI

B.A.LL.B.(HONS.), I-YEAR, I-SEMESTER (Batch of 2019)

Special Repeat Assessment (Online), September-2020

Paper 1.3: HLCD

Time: 48 Hours Total Marks: 70

Instructions:
1. Read the questions carefully and answer.
2. No clarification can be sought on the question paper.
3. Do not write anything on the Question Paper except your Roll No.

Q.1 What place does a colonial legacy which, in its logic, believes that people are bound to feel
affection for the State, and should not show any enmity, contempt, hatred or hostility towards the
government established by law, have in a modern democratic state like India? Answer this
question constructively by examining „zigzag‟ in its interpretation by judiciary during colonial
and independent India? Write your perspective with critical perspective
to Kedarnath’s case? (10 Marks)

Q.2 “Logic of law and logic of history are intrinsically antithetical”. This statement has been
responded to by Legal Historians with variant approaches. Discuss various approaches with logic
of the subject, Legal History, that you confirm with? (10 Marks)

Q.3 “The Establishment of Legislative Councils beginning from 1861 in no way could be termed as
parliamentary bodies as they only discussed immediate legislations and never deliberated outside
their circumscribed sphere”. In view of this statement, discuss and highlight the salient features
of the Government of India Act, 1935. (10 Marks)

Q.4 The establishment of the Supreme Court of Judicature at Calcutta under the Regulating Act of
1773 was said to be a giant step forward in the evolution of Indian Legal History. Discuss the
main features of the Regulating Act of 1773 and of the Supreme Court so established under the
Act. (10 Marks)

Q.5(a)The Judicial plan of 1772 can be said to be a very creditable achievement of the times which was
brought forth in very trying circumstances. Discuss the role of Warren Hastings in streamlining
the administrative and judicial administration through this plan of 1772.
(b) The tenure of Lord Cornwallis from 1786-93 is known for streamlining of the administration.
Discuss highlighting the changes as introduced by Lord Cornwallis during his tenure.
(2x5=10 Marks)
Q.6 The process of codification of laws provides for certainty over uncertainty, moreover a written
and stable law is best for the litigants, courts and helps in the evolution of a legal system. Discuss
the process of codification as undertaken by the Charter of 1833. Highlight the influence of the
work of J. Bentham as reflected in the Indian Penal Code {IPC} 1861. (10 Marks)

Q.7 Write short notes on the following:

a) Mayor‟s Court of 1726.
b) Rule of law doctrine.
c) Theory of Separation of powers.
d) Edward Burke‟s speech highlighting the reasons for Warren Hastings impeachment.
e) High Court‟s establishment under the High Court Act of 1861. (2x5=10 Marks)