THE INDIAN LAW INSTI
INSTITUTE
(Deemed University)
NEW DELHI
LL.M. (1 YEAR) 1ST SEMESTER END- EXAMINATION
DECEMBER 2022
PAPER – NATIONAL SECURITY
Time: 3 hours Max. Marks: 50
Answer any five questions. All questions carry equal marks.
1. Ancient Indian jurisprudence was conscious about the complex issues of national
security and had developed strategies to protect the country and its citizens from
internal and external threats. Discuss with the help of literature of the period.
period
2. National security laws often face the charge of over criminalisation. What are the
various arguments in favour and against this proposition? What is your opinion about
it?
3. What are the various issues in context of membership of an unlawful or terrorist
organisation? Critically examine the issues in Arup Bhuyan v. State of Assam [2015
(12) SCC 702]] pending before the constitution bench of the Supreme court?
4. In the matters of national security and foreign policy the power of judicial review is
restricted.
cted. The judiciary under various other jurisdictions has developed national
security jurisprudence. Discuss.
5. Regarding the ratio decidendi of Kedar Nath Singh,, (AIR 1962 SC 955) and Balwant
Singh v. State of Punjab [(1995) 3 SCC 214] there are two competing and inconsistent
views among legal scholars. What are those two competing views? Give your views
on the issue.
6. Balancing human rights with national security laws is a delicate task. To what extent
have the constitution benches of the Supreme Court of India been able to discharge
this responsibility? Elucidate.
7. Write short notes on any TWO of the following –
a. Reforming sedition law
b. Constitutional provision and National security
c. Declaration of individual as terrorist
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THE INDIAN LAW INSTI
INSTITUTE
(Deemed University)
NEW DELHI
LL.M. (1 YEAR) 1ST SEMESTER END- EXAMINATION
DECEMBER 2022
PAPER – JUDICIAL PROCESS
Time: 3 hours Max. Marks: 50
Answer any five questions. All questions carry equal marks.
1. The emblem of the Supreme court of India uses the phrase यतो धम ततो जयः [yato
dharmastato jayah], where there is dharma, there is jaya. Did the ancient Indian
system recognise some type of judicial system and judicial process? If so, what were
the principles followed by them? Are they still relevant? Give examples.
2. What are the thrust areas of the four lectures of Justice Cardozo? To what extent is he
relevant to India?
3. What is the philosophical foundation of the ‘presumption of constitutionality’?
constitutionality How
does the judiciary observe this presumption while interpreting the laws? Discuss with
illustrations and case law.
4. Improvement of judicial collegium is desirable but is very challenging. What are
those challenges? Give a detailed aanswer incorporating the strengths and weaknesses
of your propositions.
5. What do you understand by the term ‘ratio decidendi’? What are the issues in the
context of ratio decidendi
decidendi? Give three illustrations. Suggest ways to resolve these
issues.
6. What are the competing arguments [arguments for and against] to enforce Articles 44
and 51A of the Constitution of India through judiciary? What is your opinion about
the justiciability of these provisions?
7. Write short notes on any TWO of the following –
a. Judicial Function versus Administrative Function
b. Increasing the retirement age of judges
c. Reliance on foreign judgements
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THE INDIAN LAW INSTI
INSTITUTE
(Deemed University)
NEW DELHI
LL.M. (1 YEAR) 1ST SEMESTER END- EXAMINATION
DECEMBER 2022
PAPER – FUNDAMENTAL RIGHTS, FUNDAMENTAL DUTIES
AND DIRECTIVE PRINCIPLES OF STATE POLICY
Time: 3 hours Max. Marks: 50
Answer any five questions. All questions carry equal marks.
1. Critically examine the concept of ‘State’ as defined under Article 12 of the Constitution.
Also examine the important case law through which the court has widened the scope and
ambit of Article 12.
2. Examine the right to Freedom of Religion guaranteed under ArticlesArticle 25-28 of the
Constitution in the light of Indian Young Lawyer’s Association v. State of Kerala [(2019)
11 SCC 1)] decided on 28/9/2018 ((Sabarimala case).
3. How far is the judiciary successful in resolving the conflict between Article 30(1)
(autonomy to minorities)) and Article 29 (2) (Non-discriminatory
(Non discriminatory clause) on minority
rights. Elucidate with the help of relevant case law.
4. Critically examine the jurisprudential basis
basis of Fundamental Rights with the help of
important case law.
5. Critically examine the concept of protective discrimination under Part III of the
Constitution of India with the help of case law.
law
6. Elucidate the conceptual differences between Fundamental Rights ights and Directive
Principles of State Policy. Also examine the enforceability of Directive Principles of
State Policy.
7. Answer any TWO questions from the following:
1) Suspendability and Amendability of Fundamental Rights
2) Remedies Against Violation of Fun
Fundamental Rights
3) Right to Privacy as a Fundamental Right
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THE INDIAN LAW INSTI
INSTITUTE
(Deemed University)
NEW DELHI
LL.M. (1 YEAR) 1ST SEMESTER END- EXAMINATION
DECEMBER 2022
PAPER – COMPARATIVE PUBLIC LAW
Time: 3 hours Max. Marks: 50
Answer any five questions. All questions carry equal marks.
Q1. The modern concept of public law describes State as a system of institutions and rules
that govern the relationship between the State
tate and the people residing in its territory.
Comment. Also discuss
iscuss the concept of sovereignty as distinct from sovereign and
state as expounded by Loughlin
Loughlin.
Q2. How far has the Basic Structure theory as evolved by the Supreme Court of India in
Kesavananda Bharti v. State of Kerala
Kerala, (AIR 1973 SC 1461) has been influenced by
the works of the German scholar, Dietrich Conrad. Compare the Indian model with
Carl
arl Schmitt and Maurice Hauriou’s idea of implied constitutional limits on
constitutional amendment
amendment.
Q3. Comment on the concept of judicial supremacy as asserted by the U.S. Supreme Court
in Marbury v. Madison. Compare the
th situation with India.
Q4. What do you mean by the expression ‘Rule of Law’? Discuss the thick and thin
conceptions of the ‘Rule of Law’.
Law’
Q5. Discuss the rise and fall of separation of powers in the United States of America.
Critically
ritically analyse the approach of the Indian Supreme Court in adopting the essence
of separation of powers in the light of relevant judgments.
Q6. Evaluate the concept of Constitutionalism discussing its essential features and
sources. How is Constitutionalism
Constitutio different from Constitution? Discuss.
Q7. Write short notes on any TWO of the following:
(a) Originalism
(b) Concept of Federalism
(c) Methodological challenges faced in the comparative study of public
public// constitutional
law
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THE INDIAN LAW INSTI
INSTITUTE
(Deemed University)
NEW DELHI
LL.M. (1 YEAR) 1ST SEMESTER END- EXAMINATION
DECEMBER 2022
PAPER – GENERAL PRINCIPLES OFOF CRIMINAL LAW
Time: 3 hours Max. Marks: 50
Answer any five questions. All questions carry equal marks.
1. “There is no more intractable problem in law than causation” Discuss in detail the
tests for causation.
2. The retributive theory of punishment is not merely about ‘desert’ literally but
emphasises
ses on ‘just deserts’. Comment.
3. “No portion of ourr work has cost us more anxious thought though or has been more
frequently re-written.
written. Yet we are compelled to own that we leave it (Right of private
defence) still in a very imperfect state”. In the light of this statement critically
evaluate the right of private
privat defence in the Indian Penal Code.
4. “In cases where issue of concurrence or contemporaneity is raised, the law should be
clear about the approach to be taken, especially in cases where a strict application of
the principle would result in an acquittal even
even where intuitive justice would suggest
otherwise.” Discuss the various approaches to the issue of concurrence. You are
required to substantiate your answer with case law.
5. “The offence of criminal conspiracy is vaguely defined and it fails to comply with
w the
requirement of certainty in criminal law” Comment.
6. “The problem with joint criminal enterprise liability is that it erases the difference in
legal consequences between the actual murderer who does the killing and the abettor
who intentionally helps
lps how to kill (on the one hand) and the confederate who merely
foresaw that this may happen (on the other)”. In the light of this statement critically
analyse the constructive liability in the Indian Penal Code.
7. Write short note on any two of the following:
(a) Criminal Corporate liability
(b) Impossible attempts
(c) Subjective and objective liability in homicide offence.
***********************
THE INDIAN LAW INSTI
INSTITUTE
(Deemed University)
NEW DELHI
LL.M. (1 YEAR) 1ST SEMESTER END- EXAMINATION
DECEMBER 2022
PAPER – CRIMINAL JUSTICE ADMINISTRATION
ADM
Time: 3 hours Max. Marks: 50
Answer any five questions. All questions carry equal marks.
1. “Prison system is like a social cancer, we should fight to eradicate it, but never stop
treating those affected by it.” In the light of this statement critically examine prison
as an institution and explore the alternatives to imprisonment.
2. State of Gujarat v. Kishanbhai (2014) 5 SCC 108 observed that “every acquittal
should ordinarily lead to the inference that tha an innocent person was wrongfully
prosecuted.” Critically analyse
nalyse the role of prosecution and investigation in the light of
the observations in this case.
case
3. “There is a sense of fear (in trial courts in granting bail in heinous offences) which we
must confront because unless we do that we are going to render our district courts
toothless and our higher courts dysfunction
dysfunctional”.
”. Examine the conceconcerns of this
statement while discussing discretion in granting bail.
4. Fair trial principles need to evolve with changing times and demands. Comment.
5. Rejection of mercy petitions or commutation to life imprisonment is fraught with
inconsistencies. Comment.
nt.
6. “Victimology
mology which involves the state rather than the victim serves a conservative
crime control agenda and has increased the power of state in Criminal Proceedings”.
In the light of this statement examine the development in vict
victimology
mology in the India
Indian
Criminal Justice Administration.
7. Write short note on any TWO of the following:
(a) Critical analysis of plea bargaining
(b) Inquisitorial and adversarial system
(c) Probation of Offender
ffender Act,
Act 1958 is the most under utilized statutee
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THE INDIAN LAW INSTI
INSTITUTE
(Deemed University)
NEW DELHI
LL.M. (1 YEAR) 1ST SEMESTER END- EXAMINATION
DECEMBER 2022
PAPER – CENTRE STATE RELATIONS
Time: 3 hours Max. Marks: 50
Answer any five questions. All questions carry equal marks.
Q.1. Our Constitution has important federal features, and the idea of federalism was borrowed
from other jurisdictions. The fight between the Union and the States is frequently on
display in modern times, and this has had a significant impact on the relationship between
be
the two. Write in detail, suggesting ways to reduce the frictions between the Union and the
States in India.
Q.2. For a long time, it was claimed that the President had made the proclamation in accordance
with his constitutional authority under Article 356 of the Indian Constitution and that the
Court could not review its legality or constitutionality. However, after the S.R. Bommai v.
UOI case, the position has changed. Examine.
Q.3. Do you agree with the statement that ‘adjudication is an unsatisfactory way of dealing with
inter-state
state river water disputes; a negotiated settlement is infinitely superior; adjudication is
divisive and leads to exaggerated claims by both sides’? Discuss
Q.4. Articles 301 to 305 deal with ‘Trade, Commerce, and Intercourse within the Territory of
India." Do you think that the elimination of inter
inter-state
state trade barriers is essential to the
economic unity of the country?
ountry? Discuss.
Q.5. The Constitution contains an elaborate division of legislative power between the Union and
States, as laid down in three lists in Schedule VII. In the event of a conflict between these
lists, the resolution of thos
thosee conflicts demonstrates how heavily centralised the federal
model is. Do you agree with this statement? Elucidate.
Q.6. Do you believe that the federalism of India is being negatively impacted by globalisation?
Give a detailed answer.
Q.7. Write short note on any TWO of the following:
(a) Co-operative
operative federalism
(b) Compensatory TAX
(c) Aspect Theory
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THE INDIAN LAW INSTI
INSTITUTE
(Deemed University)
NEW DELHI
LL.M. (1 YEAR) SEMES
SEMESTER END- EXAMINATION
DECEMBER-2022
PAPER – RESEARCH METHODS AND LEGAL WRITING
Time: 3 hours Max. Marks: 50
Answer any five questions. All questions carry equal marks.
1. Elucidate the statement “Research
Research is a systematic investigation
investigation” and briefly explain the
components of research, its nature and characteristics.
2. You are required to conduct an
a empirical study on the question: “Does death penalty deter
crime”? Prepare a comprehensive research proposal for the same incorporating all
necessary components of a research proposal.
3. The Dowry Prohibition Act, 1961 seems to be a half
half-hearted attempt
pt to end the practice
of dowry. The causes of dowry include greed, social status symbol, illiteracy, women
empowerment, and vagueness in law. In 2021, reported dowry death cases in India
amounted to nearly 6.8 thousand. Dowry is a socio-legal
legal problem that requires broader
measures such as educating and empowering women and making them independent.
independent
In view of the above, prepare a sampling plan after examining the factors involved in
failure of law to curb the menace of dowry for research on topic - “The
The Leg
Legal impact
analysis of Dowry Prohibition Act, 1961”. While doing so, explain the different kinds of
sampling.
4. The primary task of a research
researcher is to conduct a comprehensive literature review. At times
literature
ature review can be frustrating
frustrating. However,, a comprehensive literature review lays the
foundation to understand different perspectives and evaluate the value addition of your
current work. Do you agree with the above statements? Give a detailed answer explaining
what a literature review is,, its im
importance and how it helps in legal research??
5. A doctrinal method is sometimes seen as merely a scholarship rather than separate
research methodology.. Hence, tthere is more emphasis on carrying out multidisciplinary
research as it seeks to find out how far theories are rooted in reality.
Considering this, explain Doctrinal and Non-doctrinal
doctrinal research methods
method and the
difference between them.
Contd…..
1
6. Explain the ethical considerations in doctrinal and non doctrinal research. Also make a
critical appraisal of UGC norms to ensure academic integrity and quality research in
higher educational institutions.
7. Write Short note on any TWO of the following:
a) Primary and Secondary Sources of law and how is it different from primary and
secondary data
b) Case study method and its advantages and disadvantages
c) Difference between Inductive and deductive reasoning
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