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Q1
short answer
2 marks
Explain the concept of equality as stated in Article 14 of the Indian Constitution.
Solution
Article 14 of the Indian Constitution guarantees equality before the law and equal protection of the laws to every person within the territory of India. It means that the State cannot treat similarly situated persons differently without a reasonable basis, and it must treat all persons fairly and without arbitrariness.
Q2
short answer
2 marks
State the two regulatory functions of the Bar Council of India.
Solution
The two regulatory functions of the Bar Council of India are:
1. It lays down standards of professional conduct and etiquette for advocates.
2. It exercises disciplinary control over advocates through its disciplinary powers.
Q3
short answer
2 marks
Mr. Pratinav is a senior advocate practising in Delhi. He had to file a Special Leave Petition (SLP) against an order of Rajasthan High Court. He cannot do the filing on his own behest directly before the Hon’ble Supreme Court.
(a) Who is a Senior Advocate?
(b) Why could Mr. Pratinav not file the SLP directly ?
Solution
(a) A Senior Advocate is an advocate who, by virtue of his ability, standing at the Bar, special knowledge, or experience in law, is designated as a senior advocate by the Supreme Court or a High Court.
(b) Mr. Pratinav could not file the Special Leave Petition directly because a senior advocate is not permitted to appear or plead before the Supreme Court on his own. He must act through an advocate-on-record, who is authorised to file and conduct matters before the Supreme Court.
Q4
short answer
2 marks
Under the NALSA Regulations 2010, in what conditions may panel lawyers be withdrawn from a case ?
Solution
Under the NALSA Regulations, 2010, panel lawyers may be withdrawn from a case if they are found guilty of misconduct, are negligent in performing their duties, fail to provide proper legal assistance, or do not follow the directions of the legal services authority.
Q5
short answer
2 marks
India signs an international agreement restricting the right of weavers to trade in a rare kind of silk. The weavers protest against the enforcement of this treaty. How can the international agreement be implemented in India in this situation ? State the relevant case law.
Solution
An international agreement can be implemented in India only when Parliament enacts a law to give it effect, because treaties do not automatically become part of Indian law. This is supported by the decision in Maganbhai Ishwarbhai Patel v. Union of India, where the Supreme Court held that international treaties require domestic legislation for enforcement if they affect the rights of citizens.
Q6
short answer
2 marks
What was the stance of the Supreme Court on free legal aid under the criminal law in Tara Singh Bawa v. State (1951 AIR 441) ? How did Section 304(1) of the Code of Criminal Procedure, 1973 change this view ?
Q7
short answer
2 marks
In the context of the pandemic, several nation-states expressed concern over the protection of health workers and the need for quarantine and isolation. Which international organization has played a significant role in addressing such issues ? State its main function.
Q7
short answer
2 marks
In the wake of the pandemic, Nation-States have agreed on the need to protect healthcare workers and prevention and mitigation of COVID-19 in work settings outside the health sector too. Identify the international organisation that would be instrumental to address issues such as this. State its main function.
Q8
short answer
2 marks
Who is a Senior Advocate?
Q8
short answer
3 marks
State any three characteristics of Fundamental Duties as given in the Constitution of India.
Q9
short answer
2 marks
Why could Mr. Pratinav not file the SLP directly?
Q9
short answer
3 marks
Shyam is interrogated by the Police for allegedly stealing wallets in the Metro. Despite sustained interrogation, he refuses to answer any questions. What provision in the Indian Constitution allows Shyam to remain silent? Explain the safeguards provided to an accused in this context.
Q10
short answer
3 marks
Girish, a law graduate from Cambridge Law School, UK wants to practice law in India.
(a) State the eligibility criterion for enrolment as an Advocate in India and obtain a license to practice law.
(b) What is/are the additional requirement(s) to be fulfilled by Girish before he can be enrolled as an advocate in India ?
Q10
short answer
3 marks
Girish, a law graduate from Cambridge Law School, UK wants to practice law in India.
Q10
short answer
State the eligibility criterion for enrolment as an Advocate in India and obtain a license to practice law.
Q10
short answer
What is/are the additional requirement(s) to be fulfilled by Girish before he can be enrolled as an advocate in India?
Q11
short answer
3 marks
Subir, an Indian national, did his graduation degree in law from National Law University, India, and his Masters from Harvard Law School, USA. After coming back to India he enrolled himself with State Bar Council of Punjab. To create a name for himself, he gave his details in the Yellow Pages with toll free number, advertised for “free” consultation in a widely circulated law journal. This got attention of the Bar Council and Subir was summoned before the disciplinary committee.
(a) Why was Subir summoned before the disciplinary committee?
Q11
short answer
Why was Subir summoned by the State Bar Council?
Q11
short answer
How are the rules for advertising by lawyers in USA different from those applicable to lawyers in India?
Q12
short answer
3 marks
What is meant by free legal aid? State the provisions of Article 39A in the context of legal aid in India.
Q13
short answer
3 marks
“Neither is it possible, nor is it proper to isolate the right to legal aid from the range of human rights.” Explain.
Q14
short answer
3 marks
The idea of providing free legal aid to the poor by the State was mooted by the 14th Report of Law Commission of India that culminated in the enactment of the Legal Services Authorities Act of 1987. Explain the different developments that took place in this historic journey starting from the first step by the Union Government in 1960.
Q15
short answer
5 marks
Sarla and Kamal are an elderly couple, struggling to cope with the health issues related to their advanced age. They file a complaint in the court holding the government responsible for the lack of public assistance for the elderly in India. The Indian Constitution has provision for public assistance for the elderly in Part IV.
Q16
short answer
5 marks
Kavya is skeptical about pursuing a career in law because she believes that legal practice in India is still largely male-dominated.
Q17
short answer
5 marks
What is a treaty? Explain the ways in which a state can express its consent to be bound by a particular treaty.
Q18
short answer
5 marks
How is Public International Law different from Private International Law in its application and objectives?
Why is Private International Law referred to as “Conflicts of Laws”?
Explain the importance of the UNCITRAL Model Law in the International legal system.
Q24
short answer
Identify the constitutional provisions that are enshrined in Part IV of the Constitution.
Q25
short answer
Are the provisions of Part IV of the Constitution enforceable? Give reason for your answer.
Q26
short answer
State the salient features of this Part of the Constitution.
Q28
short answer
In the present day situation, is the apprehension of Kavya justified? Give reason.
Q29
short answer
How did the petition by Ms. Hazra revolutionise the legal profession? Explain the development that took place after the Patna High Court Case.
Q30
short answer
Give any two opportunities that are available to a law graduate in India.
