SVKM'S NMIMS

KIRIT P. MEHTA SCHOOL OF LAW / SCHO

Academic Year: 2019-2020

Prilgi.am B.A. LL.E3 (Eions.) / B.R.A. LL.B (Hons.)

Sul9jcct:L6»gaEMeth6ds(mi.£sprundence)
Time:2 hrs (2.00 pin to 4.00 pin)

Date : 30th N`ov 2019 No. of Pages: 2-

Mat.ks: 50 FINAL EXAMINATION
Instructions:
1 . Section 8 and Section D is Compulsory.
2. Students are advised to devote substantive time in analysing the Questions before attempting them.

Section A
Short Notes (2 out of 3)

1a Differentiate between supreme and Delegated legislation.

1b Discuss the similarities and dissimilarities between certiorari and prohibition. How are they different
from Mandamus?

1c Differentiate, with working examples between substantive and procedural laws across all the legal
systems. Do you feel that the dichotomy between them has ceased to exist in the newer laws drafted
now?Critically examine.

Section a
Compulsory Question

10
` 2 "The Law needs to be made/created/declared by the competent authority keeping it in strict consonance
with the sensitivity of the society in which it needs to be applied." Examine the utility or futility of the
Special Marriage Act,1954, drafted and enforced in India to accommodate inter-caste marriages and to
have a casteless society.

Section C
Attempt any 2 out of 3

10
3 Though the concepts, vocabulary and methods of common law system are different from civil legal
system, they expanded because of similar reasons. Do you agree with the statement? Identify the
distinctive features of the two legal systems and the ways in which they expanded across the world.

"Laws are omnipotent and are applicable on us all right from the birth (or even before) and continue till
death (or even after that)." Do you agree with the statement? Elucidate with working examples, clearly
bringing out the concept, nature and imperative of having the Law.
\`..,..i
5 Will it be correct to suggest that the Indian constitution is a `mixed bag ofborrowings'? Have the 10
`borrowed' parts of the Indian Constitution been mechanically incorporated in it or have they been
suitably modified keeping in mind the peculiar conditions prevailing in India? Examine with specific
references to some of the Constitutional provisions.

Section D ' ,
Compulsory Question

6 .`In the year 1985, an educated, forward looking girl, married to a science Graduate, the son ofa teacher, 10

being only seven months into marriage, on losing her husband due to medical ailments, voluntarily
decides to sit on the funeral pyre of her soul-mate, her husband, with the purpose of uniting her soul
with that of her husband, in line with the general and customary idea of Hindu marriages being
indissoluble union of two people. She has no children to take care. She voluntarily sits on the funeral
pyre of the husband with the head of her husband's corpse on her lap and her act is hailed by the
villagers and onlookers, treating the incident not only as socially acceptable but also taking it with a
sense of approbation. The crowd gathered showers blessings and benedictions on the girl,
circumambulate the pyre, chant `s¢fz. m¢f¢ kz./.¢z. till she gets consumed by the fire, thus reflecting tacit
approval of the common man as well as those versed with religion and sfe¢s'frczs."
The Indian Constitution guarantees all the citizens the freedom of conscience as a fundamental right
accruable to them along with the liberty of thought, expression, belief, faith and worship as enshrined in
the Preamble appended to it. Additionally, a custom which is backed by the populace, is backed by a
reason and is voluntarily observed by masses may qualify to be a valid custom.

Examine the validity or invalidity of the hypothetical customary practice as per the Analytical and
Historical Schools of thought on the touchstone of a) Voluntary following behind a custom b)
Rationality of a custom c) Antiquity of a custom d) Continuity of a custom and any/every other test to
which a customary practice is required to be put before treating it as a law.

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