CBSE Class 12 Legal Studies Question Paper 2019 Solutions

Strictly Confidential – (For Internal and Restricted Use Only)

Senior School Certificate Examination 2018 - 2019

Marking Scheme – Legal Studies
Subject Code: 074
Set – 4 Code no 40
Series BVM
General Instructions:-

1. You are aware that evaluation is the most important process in the actual and correct
assessment of the candidates. A small mistake in evaluation may lead to serious
problems which may affect the future of the candidates, education system and
teaching profession. To avoid mistakes, it is requested that before starting
evaluation, you must read and understand the spot evaluation guidelines carefully.
Evaluation is a 10-12 days mission for all of us. Hence, it is necessary that you
put in your best efforts in this process.

2. Evaluation is to be done as per instructions provided in the Marking Scheme. It
should not be done according to one’s own interpretation or any other consideration.
Marking Scheme should be strictly adhered to and religiously followed. However,
while evaluating, answers which are based on latest information or knowledge
and/or are innovative, they may be assessed for their correctness otherwise
and marks be awarded to them.

3. The Head-Examiner must go through the first five answer books evaluated by each
evaluator on the first day, to ensure that evaluation has been carried out as per the
instructions given in the Marking Scheme. The remaining answer books meant for
evaluation shall be given only after ensuring that there is no significant variation in
the marking of individual evaluators.

4. If a question has parts, please award marks on the right-hand side for each part.
Marks awarded for different parts of the question should then be totaled up and
written in the left-hand margin and encircled.

5. If a question does not have any parts, marks must be awarded in the left hand
margin and encircled.

6. If a student has attempted an extra question, answer of the question deserving more
marks should be retained and the other answer scored out.

7. No marks to be deducted for the cumulative effect of an error. It should be penalized
only once.

8. Every examiner has to necessarily do evaluation work for full working hours i.e. 8
hours every day and evaluate 25 answer books per day.

9. Ensure that you do not make the following common types of errors committed by the
Examiner in the past:-
 Leaving answer or part thereof unassessed in an answer book.
 Giving more marks for an answer than assigned to it.
 Wrong transfer of marks from the inside pages of the answer book to the title
page.

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 Wrong question wise totaling on the title page.
 Wrong totaling of marks of the two columns on the title page.
 Wrong grand total.
 Marks in words and figures not tallying.
 Wrong transfer of marks from the answer book to online award list.
 Answers marked as correct, but marks not awarded. (Ensure that the right tick
mark is correctly and clearly indicated. It should merely be a line. Same is with
the X for incorrect answer.)
 Half or a part of answer marked correct and the rest as wrong, but no marks
awarded.

10. While evaluating the answer books if the answer is found to be totally incorrect, it
should be marked as (X) and awarded zero (0) Marks.

11. Any unassessed portion, non-carrying over of marks to the title page, or totaling error
detected by the candidate shall damage the prestige of all the personnel engaged in
the evaluation work as also of the Board. Hence, in order to uphold the prestige of all
concerned, it is again reiterated that the instructions be followed meticulously and
judiciously.

12. The Examiners should acquaint themselves with the guidelines given in the
Guidelines for spot Evaluation before starting the actual evaluation.

13. Every Examiner shall also ensure that all the answers are evaluated, marks carried
over to the title page, correctly totaled and written in figures and words.

14. The Board permits candidates to obtain photocopy of the Answer Book on request in
an RTI application and also separately as a part of the re-evaluation process on
payment of the processing charges.

15. The Marking Scheme carries only suggested value points for an answer.

16. These are only the guidelines and do not constitute the complete answer.

17. The students can have their own expression and if the expression is correct, the
marks should be awarded accordingly.

18. As per orders of The Hon’ble Supreme Court, the candidates would now be permitted
to obtain photocopy of the answer book on request on payment of the prescribed fee.
All Examiners/ Head examiners are once again reminded that they must ensure that
evaluation is carried out strictly as per value points for each answer as given in the
marking scheme.

19. Please read the following guidelines carefully and seek clarifications from the Head
Examiner in case of any doubt to reduce subjectivity and bias.

20. Credit should be given to student writing the concept in his own language.
Marks should not be deducted for non-use of bookish language.

21. Every care has been taken to prepare the Marking Scheme. However, it is important
to keep in mind that, it is neither exhaustive nor exclusive.

22. Full credit should be given to candidates who give relevant points other than the ones
listed in the Marking Scheme as the answers to the questions.

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23. The examiners are requested to use their own knowledge and experience wherever
necessary.

24. Marks should be awarded for any CREATIVE answer given by the student
which is logically correct and is related to the concepts taught.

25. Marking should be neither over-strict nor over-liberal. Marks should not be deducted
for spelling errors, wrong proper names, minor inaccuracies or omission of detail.

26. No marks should be deducted for overshooting word limit.

27. Though break-up of value points is given in a number of answers, the examiner may
be flexible in marking the different parts, if the answers reflect understanding of the
scope of the question.

28. A full scale of marks 0-100 has to be used. Please do not hesitate to award full marks
if the answer deserves it.

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LEGAL STUDIES XII 2018
MARKING SCHEME (Code – 074)

Q.No. CONTENT Marks
SECTION A
1. a) Registered sale deed / 1M
d) No registered document is required
(pg 34)

Or
d) Principle of Rule of Law
(pg 78)
2. a) Using force to prevent a crime as part of one’s duty is not a 1 M
criminal act. /
b) Causing injury to an assailant in self-defense is not a crime.

(pg 58)
3. a) Mediation / 1M
c) Arbitration
(pg 98/91)
4. d) No, because the government is sovereign and enacts laws 1M
for the common good/
b) Yes, Article 21 gives the fundamental right to life /
a) Yes, his sole means of earning a living is affected.
(pg 117, 119)

Or
d) Prohibiting human trafficking, beggary and forced labour
(pg 115,116)
5. c) Advocate General of the State 1M
(pg 148)

Or
a) Continuing Legal Education (pg 156)
6. d) Can directly accept engagements to appear in a case or 1M
draft pleadings
(pg 148)
7. d) website information regarding areas of practice 1M
(pg 151)
8. a) Telecom Dispute Settlement Appellate Tribunal 1M
(pg 3)
SECTION B
9. a) Registered Instrument / Registration 1M
b) Two conditions to be fulfilled for completing the formality
are: 0.5*2=1 M

4

i. A registered instrument has to be attested at least by
two persons who are parties to the transfer.
ii. The witnesses should mark their signature too on the
instrument with an intention to attest.
iii. Registration of the instrument is an essential legal
formality. During registration, the parties to the transfer
must be present to affix their signatures in the
document and complete the transaction with regard to
immovable property.
iv. While doing so, the document containing the rights,
obligations and liabilities of the parties should be
clearly mentioned in the document which is registered.
v. Registration shall take place by affixing a seal of the
Registrar office which shall be subsequently included
in the official records.
(pg 28)

(Any two points can be considered)
10. Conciliation- Conciliation is a process where parties out of 1 M + 1M
their own free will appoint a neutral third party to resolve
their disputes. A conciliator may be interventionist in the
sense that he/she may suggest potential solutions to the
parties, in-order to resolve their claims and disputes.
(pg 99)
Or
1M+ 1M
Mediation- Mediation is a method of ADR in which parties
appoint a neutral third party who facilitates the mediation
process in-order to assist the parties in achieving an
acceptable, voluntary agreement. Mediation is premised on
the voluntary will of the parties and is a flexible and informal
technique of dispute resolution.
(pg 96)

11. Inquisitorial System 1 M+ 1M

Disadvantages- (any one)
1. In an inquisitorial system, since the judge steps into the
shoes of an investigator, he/she can no longer remain
neutral to evaluate the case with an open mind.
2. There may be a lack of an incentive structure for judges to
involve themselves in proper fact finding.

5

(pg 87,88)
12. a. National Commission for Women(NCW) / 1M
National Human Rights Commission (NHRC)/

b. (Any two powers) 0.5*2= 1 M
Powers of the commission are:
i. summon and enforce the attendance of any person
and examining him or her on oath;
ii. require the discovery and production of any
document;
iii. receive evidence on affidavits;
iv. request any public record or copy from any court or
office; and
v. issue commissions for the examination of witnesses
and documents.
(pg 136, 137)
Note: Any other creative answer which is logically sound
should be marked.

13. Salient features of fundamental duties are(Any two points): 1 M+
i. Part IV(A) Article 51A of the Constitution 1M=2M
prescribes fundamental duties of every citizen.
ii. The fundamental duties cannot be enforced in a
court of law for violation of the duties, and no one
can be punished for the violation.
iii. Fundamental duties contain standards to be
followed by the citizens.
iv. They remind citizens not to behave irresponsibly
but help building a free, democratic and strong
society.

(pg 127)

Or
Salient features of Directive Principles of State Policy 1 M+
are(Any two points): 1M=2M
i. Articles 36-51 in Part IV of the Constitution lay
down the guiding principles of governance for the
State.

6

ii. It is the duty of the State to apply these principles
in making laws and policies on social and human
development.
iii. These principles are largely of the nature of
economic and social rights.
iv. The provisions of directive principles are not
enforceable by any court of law, but they provide
guidance in carrying out and drafting laws and
policies regarding human and social development.
v. Supreme Court has raised the status of many
provisions of directive principles to that of
fundamental right by suggesting they violate one's
right to life (Art. 21).
vi. Directive principles aim at promoting the welfare of
the people. They intend to secure and protect social,
economic and political justice of its citizens.
vii. These principles endeavor to minimize income
inequalities and to eliminate inequalities based on
status, facilities, and opportunities amongst both
individuals and groups of people. (pg 125)

14. Professional Duties of an Advocate: 1 M +1M=
2M
i. An Advocate has a duty to act in a dignified
manner,
ii. to respect the court,
iii. not to communicate with a judge in private and
impair impartiality,
iv. not to act in an illegal manner towards the
opposition, to refuse to represent clients who insist
on adopting unfair means.
v. Advocate is expected to uphold and maintain the
values of the profession.
vi. An Advocate's duty towards the client include being
bound to accept briefs,
vii. not to withdraw from service, not to appear in
matters where he/she is a witness,
viii. not to suppress material or evidence.
ix. An Advocate also had to maintain client
confidentiality and not to instigate litigation or to
charge contingency fee (fee depending on success
or favourable result of matters).

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x. There is a general duty to ensure that his/her duties
do not conflict with the client's interests.
xi. An Advocate is also expected not to negotiate
directly with the opposing party (only through the
opposing advocate) and to carry out legitimate
promises made.

(Any two points)

(pg 150)
SECTION C
15. The Constitutional provisions which safeguards Independence 1*4=
of Judiciary and Impartiality of judges are : (Any four points) 4 M
i. Article 50 of Indian Constitution lays the rule for
independence of judiciary
ii. Once appointed, judges are provided with a security
of tenure till they reach a retirement age. This age
remains 62 for the High Court judges and 65 for the
Supreme Court judges..
iii. Judges cannot be easily removed from their office
except for proven misbehaviour and incapacity. The
legal process is kept stringent to ensure security of
tenure of the judges
iv. The salaries and allowances of judges are fixed and
not subject to vote of the legislature. Judges derive
their salaries from the consolidated fund of India
(for the Supreme Court) and consolidated fund of
state (in case of High Courts).
v. Even the judicial conduct of the judges has been
kept immune from examination by other
Constitutional organs. The conduct of judges of
both the Supreme Court and High Courts cannot be
discussed in Parliament or state legislature, except
when a motion for removal of a judge is being
presented to the President.
vi. Supreme Court of India has been authorized to have
its own establishment and to have complete control
over it. It is further authorized to make
appointments of officers and staff of the court and
determine their service conditions.
vii. Independence of judiciary helps in maintenance of
rule of law, ensuring good governance and creating
free and fair society.
viii. The Constitution recognizes that vast powers
enjoyed by the courts, especially the Supreme Court

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cannot be curtailed by the Parliament.
ix. In the civil cases, Parliament only has a limited
right to change the pecuniary limits for appeal to
the Supreme Court.

(pg 5, 11-12)
16. The provisions of the Constitution which make India a secular 4 M
entity are:
i. Freedom of conscience and free profession, practice
and propagation of religion- Under article 25, all
persons have the right to freedom of conscience,
and freedom to profess, practice and propagate
religion as long as their acts do not threaten public
order ,morality and health.
ii. Freedom to manage religious affairs -Article 26
provides the right to every religious denomination,
including their sub-sections or sects, to establish
and maintain institutions for religious and charitable
purposes; manage their own matters of religious
affairs; own and acquire movable (e.g., vehicles,
furniture) and immovable (e.g., house, trees)
property; and administer such property in
accordance with law. These rights are conditional;
they should not endanger public order, morality and
health.
iii. Freedom as to payment of taxes for promotion of
any particular religion- Article 27 prohibits forcing
anyone to pay any taxes on revenues that are used
in payment of expenses for the promotion or
maintenance of any religion or section. For
example, donations in temples that are used for the
upkeep of the temple cannot be taxed.
iv. Freedom as to attendance at religious instruction or
religious worship in certain educational institutions-
Article 28 prohibits religious instructions in
educational institution that are wholly maintained
out of State funds. public order, morality and
health.

(Any four points can be considered)

9

(pg 122 - 124)
Note: Full marks should be awarded if the student only
explains Art 25 exhaustively.
17. The requirements to be fulfilled by law aspirants both Indian 4 M
and foreign national, to be able to practice in India are :

i. citizen of India(For Indians)
ii. atleast 21 years of age
iii. Clearing the relevant law entrance exam(CLAT,
AILET after secondary school.
iv. must have an LLB degree(3 Years course or 5 Year
integrated course) from an Indian University.
v. There is an additional requirement of an All India Bar
Examination since 2010, which Advocates must clear
in order to be able to start practice.
vi. A foreign national may be enrolled on a reciprocal
basis with the country of his citizenship, and his
foreign degree may be recognized by the Council for
the purpose.

(Page 149)
Or
The Categories of Legal Practititoners in India after The 2M +
Advocates Act, 1961 are: 2M=4M
i. A Senior Advocate, is an advocate who has been
officially designated as such by either the Supreme
Court or the High Court. A Senior Advocate cannot
file a vakalathnama, appear in the Court without
another advocate or advocate-on record, cannot
directly accept an engagement to appear in a case or
draft pleadings. A Senior Advocate argues cases in
court upon instructions from another advocate.
ii. An Advocate on Record (AOR) is an advocate who
has passed a qualifying examination conducted by
the Supreme Court. The examination is taken by an
advocate who has been enrolled with a Bar Council
for at least five years and has completed one year
training with an AOR of not less than five years
standing. Only an AOR can file a vakalath, a
petition, an affidavit or any other application on
behalf of a party in the Supreme Court.

10

(pg 147-148)
18. The adversarial system has made access to justice difficult 4 M
because:
i. The adversarial system ended the era of informal
dispute settlement prevalent in the Indian society
leaving aside the quality of justice dispensation in
the indigenous mode.
ii. The pre-British system was accessible as it was not
technical or formal and was conducted in a
language known to parties. The Supreme Court in
the M.H. Hoskot v. State of Maharashtra
observed our judicature moulded by Anglo
American models and our judicial process,
engineered by kindred legal technology, compel the
collaboration of lawyer power for steering the
wheels of equal justice under the law.
iii. The adversarial system is characterized by the
technical nature of law, and been called as formal
because it requires pleadings and court fees.
iv. Added complexities like bribery and poverty among
the Indian masses makes access to justice highly
problematic.
v. Judicial justice, with procedural intricacies, legal
submissions and critical examination of evidence,
leans upon professional expertise; a failure of equal
justice under the law is on the cards where such
supportive skills is absent for one side

(Page 173, 175)
Note:Key words to be noted in the answer: Delay, costly,
procedural formality, lawyers have an important role to play
19. a) World Health Organization (WHO) -The WHO was set
up as an agency that would move towards aiding member
states with regards to health concerns.
WHO has been a core agency for setting up of norms and
standards to be followed with regards to human health and
research regarding the containment of diseases as well 2M + 2M
assessing worldwide health trends. =4M
It coordinates with various agencies in different countries to
facilitate greater knowledge and awareness of health issues in
various countries

b) United Nations Educational, Scientific and Cultural
Organization- UNESCO was set up to promote coordination

11

between members keeping in mind the fact mere economic
and political arrangements are not enough to ensure growth
and stability in member states.
By promoting culture, preserving the heritage, sharing
knowledge and understanding that are beneficial for the whole
of mankind, UNESCO aims to aid sustainable development
and foster greater cooperation between nations.

c) International Labour Organization (ILO) -It was set up
to achieve social justice.
It was aimed at improving the conditions of labour in various
countries in the world to help achieve humane conditions for
such labourers by providing for various regulations and
agreements on the conditions of labourers.

d) World Bank and the International Monetary Fund
(IMF) - These two sister institutions were started in order to
aid the economies of various nations which had suffered
immense losses subsequent to the Second World War.
The World Bank aids member states by providing loans to
member states for the purpose development and raises its
funds by way of the world's financial markets.
(Any two)
(Page 194,195)

20. a) Locus Standi- the right of a party to appear and be heard by 1 M
a Court

b) Public Interest Litigation(PIL) / Social action 1 M
litigation(SAL)/ Janhit Yachika

Characteristics of PIL(Any two)-
 Tools for social change, non adversarial litigation, pits 1M+1M
interest of one party over another =2M
 It expands the right of third parties to approach the
court
 Remedial nature, creates a dynamic, welfare oriented
society
 incorporates directive principles of state policy, which
cannot be enforced in courts
 they are creating new rights
 strengthening democracy
 strengthens the role of judiciary as a monitor and watch

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dog, fear of being dragged to the courts improves the
quality of social institutions

(to be assessed as a whole)
(pg 9,10)
SECTION D
21. a)ALTERNATE DISPUTE RESOLUTION/ Any 1M
particular ADR

b)Benefits of ADR are(Any 4 points):
i. The ADR methods are speedier, informal and cheaper 1*4=4M
modes of dispensing justice when compared to the
conventional judicial procedure.
ii. ADR provides a more convenient forum to the parties
who can choose the time, place and procedure, for
conducting the preferred dispute redressal process.
iii. If the dispute is technical in nature, parties have an
opportunity to select the expert who possesses the
relevant legal and technical expertise
iv. ADR provides the flexibility to even refer disputes to
non-lawyers.
v. ADR is also encouraged amongst the disputants to
reduce delays and high pendency of court case.
vi. Reduces the burden of traditional courts.

(to be assessed as a whole)
(pg 90)
22. Ishwar Devi can claim relief under the principle of negligence. 1 M

The following elements need to be proved: 3M
 Duty of Care – Duty of care is owed to those whom
one can reasonably foresee as being potentially
harmed.
 Breach of duty of care- The defendant was
unsuccessful in fulfilling the duty of care in accordance
with the standard of 'reasonableness'.
 Harm to the Claimant - As Ishwar Devi fell from the
bus and sustained serious injuries, the company is
liable.

The decided case law in support of above is Donoghue V. 1M
Stevenson.

13

(pg 51-52)

23. a) 42nd Amendment Act ushered the era of tribunalisation of 1M
nd
Indian judiciary as 42 Amendment Act, 1976 added Articles
323-A and 323-B to the Constitution of India which empower
the Parliament to set up tribunals for adjudication of
specialised disputes.

b)The two administrative tribunals that were set-up are the 0.5+0.5=1M
Central Administrative Tribunal (CAT) and State
Administrative Tribunals(SAT).

c)The procedural benefits are: 1+1=2M
i. The tribunals are procedurally flexible and this flexibility
increases their efficiency.
ii. The overall objectives of the tribunals are to provide
speedy and inexpensive justice to the litigants.

d) In L Chandra Kumar case, it was held that tribunals would
not take away the exclusive jurisdiction of the courts, and 1M
their decisions could be scrutinised by the Division bench of
the High Courts.
(Page 94,95)
OR

a) The Lokpal and Lokayukta Act, 2013.
1M
b) The categories of public servants included are:
i. The Act applies to the public servants in and outside
India. 2 M for
ii. The Act includes in its purview even the current and categories
ex-prime ministers of India. +1M for
iii. Besides the Prime Minister, it brings within its exceptions
purview any person who is or has been a Minister =3M
of the Union and any person who is or has been a
Member of either House of Parliament.
iv. With respect to bureaucracy, it includes any Group
'A', 'B','C' or 'D' official or equivalent from amongst
the public servants defined in the Prevention of
Corruption Act, 1988 when serving or who has
served in connection with the affairs of the Union.
The exceptions are:
i. i. Prime Minister cannot be investigated in matters pertaining

14

to international relations, external and internal security,
public order, atomic energy and space. At least two-thirds of
the members of Lokpal must approve of such inquiry. It
further provides that any such inquiry shall be held in camera
and if the Lokpal comes to the conclusion that the complaint
deserves to be dismissed, the records of the inquiry shall not
be published or made available to anyone.
ii. Ii. Lokpal shall not inquire into any matter involved in, or
arising from, or connected with, any such allegation of
corruption against any Member of either House of Parliament
in respect of anything said or a vote given by him/her in
Parliament or any committee thereof covered under the
provisions contained in clause (2) of Article 105 of the
Constitution.
iii.
iv. c) The Lokpal shall consist of an inquiry and prosecution
wing to take necessary steps in prosecution of public servants
in relation to offences committed under the Prevention of
Corruption Act, 1988. Further, Lokpal can even recommend
the government to create special courts to decide cases 1M
arising from the Prevention of Corruption Act, 1988.
v. For investigation against the Prime Minister, at least two-
thirds of the members of Lokpal must approve of such
inquiry. It further provides that any such inquiry shall be held
in camera and if the Lokpal comes to the conclusion that the
complaint deserves to be dismissed, the records of the
inquiry shall not be published or made available to anyone.
vi.

24 a) i. A Lok Adalat has jurisdiction to settle any matter 3M
pending before any court, as well as matters at pre-
litigative stage, i.e. disputes which have not yet been
formally instituted in any Court of Law.
ii. Such matters may be in the nature of civil or
noncompoundable criminal disputes.
iii. A case may be referred to Lok Adalat when the
parties thereof agree or one of the parties thereof makes
an application to the court for referring the case to the
Lok Adalat for settlement.
Or any other relevant point

b) The Lok Adalat shall for the purpose of holding any 2M
determination under this Act, have the same powers as

15

are vested in a civil court under the Code of Civil
Procedure, 1908 namely:
i) The summoning and enforcing the attendance of
any witness and examining him on oath.
ii) The discovery and production of any document.
iii) The reception of evidence on affidavits;
iv) The requisitioning of any public record or
document or copy of such record or document from
any court or office; and

SECTION E
25. i. The grounds for removal include: (i) proven misbehaviour 1M
or (ii) incapacity.
ii. The inquiry into these grounds is made under the Judges
Inquiry Act, 1986. This inquiry is done by a committee of 5M
three members, of which two are judges - one from the
Supreme Court and second is the Chief Justice of High Court.
iii. If the complaint is against the high court judge then two
judges from the Supreme Court constitute this Committee.
Based on the findings, the recommendation to impeach the
judge has to be made by the Chief Justice of India to the
President of India.
iv. If it is accepted then, the proposal of impeachment must be
introduced in the Parliament for discussion by 100 MPs in
Lok Sabha or 50 MPs in Rajya Sabha.
v. The copy of the proposal is given to the concerned judge
before the proceeding starts in the Parliament of India. The
impeachment process in the Parliament is governed under
Article 124(4) of the Constitution.
vi. Under this scheme, the motion of impeachment has to be
passed by the two-third majority members present and voting
must be done separately in the each house of the Parliament. If
the motion is passed then the formal announcement is done by
the President of India.

(pg 14)
26. a) Discharge by Impossibility of Performance/ Discharge 1M for
by breach identification
+
Discharge by Impossibility of Performance -Performance 2M for
of a contract can become impossible with or without the explanation

16

knowledge of the parties to the contract. It can also become
impossible subsequently after the parties have entered into a
contract. It can also happen by Supervening impossibility

Discharge by breach - Breach means failure to perform the
obligation by a party. When a party to a contract does not
perform his part of the obligation due to which the contract
becomes broken

b) A common remedy for breach of contract is awarding 1M
damages to the affected party.

c) The objective of awarding damages by the court is to put 2M
the injured party in the same position as he would have been if
the contract had not been breached. This, under the contract
law, is called the Doctrine of Restitution. The basis of this
Doctrine is awarding damages for the pecuniary loss incurred
by the party to the contract.

(pg 44-45)
27. The various options and opportunities open to law graduate in 1*6=6 M
India are:
1. Litigation: Graduates may practice as an advocate in a
court of law. This can be achieved by working under
experienced advocates or being attached to litigation
departments of law firms or companies in order to
practice in the Courts of India.
2. Law Firm Practice: Law firms vary in size and practice
areas. Law firms may range from boutique law firms
specializing in specific areas of law (such as
Intellectual Property Rights and Tax law), to mid- sized
law firms as well as large law firms which are full
service law firms with different practice groups such as
general corporate, etc.
3. Corporate Sector: Large corporations often have an in-
house legal practice. An inhouse counsel will give legal
advice to the company, have expertise in the business
of the company and be responsible for ensuring that the
business of the company is being run in compliance
with applicable laws
4. Public Policy: Lawyers have an important role in
formulating and advising on public policy. Several
organizations employ law graduates for policy making
and have institutionalized fellowships where law

17

graduates can be Research Assistants.
5. Legal Research and Academia: Graduates may attach
themselves with Research Centres and think tanks. Law
graduates may take up teaching and research as a
profession. At least a post graduate degree in Law or
related disciplines is expected to build a career in
academics.
6. Non-Governmental Organizations: Not-for-profit
organizations, especially organizations with a social
justice orientation have positions for law graduates.
These range from small grass-root level organizations
to large well-funded organizations.
7. Government Institutions: Government departments,
statutory authorities, public sector undertaking and
regulatory bodies also provide interesting opportunities
to lawyers.
8. Further study: Law is an interdisciplinary subject and
graduates may opt for further studies in related
disciplines such as Business, Economics, Anthropology
and Sociology.
9. Judicial Services clerkships: The court system provides
several avenues to law graduates. The higher judiciary,
that is judges of the High Courts and Supreme Courts
have law clerks cum research assistants who assists a
judge in researching for cases, maintaining paperwork
etc.
10. Other avenues: Law graduates may opt for different
career paths such as politics, journalism (legal
journalism at places such as Bar and Bench and
Legally India as well as in media houses), legal
publishing, Fellowships (such as the Teach for India
Fellowship), civil services etc.
(any 6)

(pg 153-155)
28. The Central Authority shall perform all or any of the 1*6=6M
following functions, namely
a) Lay down policies and principles for making legal services
available under the provisions of this Act.
b) Frame the most effective and economical schemes for the
purpose of making legal services available under the
provisions of this Act.
c) Utilize the funds at its disposal and make appropriate
allocation of funds to the State Authorities and District
Authorities.

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d) Take necessary steps by way of social justice litigation with
regard to consumer protection, environment protection or any
other matter of special concern to the weaker sections of the
society.
e) Organize legal aid camps, especially in rural areas, slums or
labour colonies.
f) Encourage the settlement of disputes by way of negotiations
arbitration and conciliation.
g) Undertake and promote research in the field of legal
services with special reference to the need for such services
among the poor.
h) To do all things necessary for the purpose of ensuring
commitment to the fundamental duties of citizens under Part
IV A of the Constitution.
i) Monitor and evaluate implementation of the legal aid
programmes at periodic intervals.
j) Provide grants-in-aid for specific schemes to various
voluntary social service institutions and the State and District
Authorities.
k) Develop, in consultation with the Bar Council of India,
programmes for clinical legal education and promote
guidance.
l) Take appropriate measures for spreading legal literacy and
legal awareness amongst the people and, in particular, to
educate weaker sections of society.
m) Make special efforts to enlist the support of voluntary
social welfare institutions working at the grass-root level.
n) Coordinate and monitor the functions of State Authorities,
District Authorities, Supreme Court Legal Services
Committee, High Court Legal Services Committees, Taluka
Legal Services Committees and voluntary social service
institutions and other legal services organizations and give
general directions for the proper implementations of the legal
service programmes.
(Pg 179)
(Any 6)

Or

NALSA Regulations- ensure that legal aid is granted to the 2M+2M+
poor. The Regulations are applicable to the Legal Service 2M=6M
Committees of the Supreme Court, High Courts, the States,
districts and taluks.
Selection of panel lawyers- Applications are invited from
legal practitioners with requisite professional experience to
indicate the types of cases as they may be entrusted with. A

19

panel is formed. The panel lawyer is barred from taking any
fee, remuneration or other valuable consideration from any
person for whom legal services are rendered.
Or Any other relevant point
Payment of Fee
The Regulations specify the rules regarding the payment of
fees for panel lawyers which shall be in accordance with the
State regulations without any delay on receipt of completion
of proceedings for them.
Senior Advocates- services of senior advocates may be
availed if the Chairman of the legal services institution forms
an opinion in cases of great public importance and where
serious threats to life and liberty of the applicant exists.

(pg 175-176)
29. a) A Treaty/International Convention/Charters refers to legally 1 M
binding, written, agreements in which states agree to act in a
particular manner as specified in the agreement.

b) Treaties are often complex documents, particularly with 2M
regards to those involving more than two parties as they are
binding upon them and are to be entered in to in good faith.

c) A state may express its consent to be bound by a particular 3M
treaty in the following ways:
i. Consent by signature- In certain cases, treaties may be given
force by way of signatures of representatives who have been
given the full powers, i.e. authorization in writing from their
state to be able to take decisions on its behalf.
ii. Consent by exchange of Instruments - In some scenarios,
consent may be recorded by way of exchanging certain
instruments, i.e. documents which contain the terms agreed to
by both sides, when these instruments provide that on such
exchange they will be in effect.
iii. Consent by Ratification - Ratification is simply understood
to be the act by which a State establishes its consent to be
bound by a treaty on the international plane.
(Pg 192-193)
Note: Points in part (a) and (b) may overlap, marks should be
given.

20

Or

a. The International Criminal Court (ICC) is a tribunal set 1M+1M
up through the Rome Statute

b. The categories of crimes it deals with are: 0.5*4=2M
i. Crimes against Humanity
ii. Genocide
iii. War Crimes
iv. Crime of Aggression

c. The ICC may prosecute criminals for crimes
committed in a country which accepts the jurisdiction 2M
of the court. Thus, only if countries agree to submit to
the jurisdiction can the ICC take up certain cases in
which the person who has committed the crime is a
national of the country or if it was committed in the
territory of that country The cases may be referred by
the country directly to the ICJ or though the Prosecutor
of the ICC, who is the person appointed to try cases on
behalf of the ICC.
(pg 201-202)

30 a) i) The fundamental right violated is Article 20 and 21 6M
b) ii) Article 20 provides for safeguards to persons who are
accused of having committed crimes.
c) a. Article 20 provides that no person can be convicted for the
commission or omission of an act that does not amount to an
offense by any law in force at the time of such act.
d) b. article 20 provides that any person who is convicted of a
crime should not receive a penalty greater than what is
provided in the law in force at the time of the act of offence.
e) c. It provides for another important right no person shall be
prosecuted and punished for the same offence more than
once.
f) d. It states that no person accused of any offence shall be
compelled to be a witness against himself.
g)
h) Article 21 states as follows -No person shall be deprived of
his life or personal liberty except according to procedure
established by law.
i)
j) Iii) The ground on which the action of the authorities can be
challenged is that the due process of law has not been

21

followed.
k)

(pg 118-119)
Note: If the student has attempted the question, award 3
marks.
If explained logically even without mentioning relevant
Article, full marks should be awarded to the student
l)

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