CBSE Class 12 Question Paper 2026 Solution Legal Studies

FOR CBSE CLASS 12 EXAM PREPARATION

CBSE Class 12 2026
Question Paper
Solution · Legal
Studies
EXAM YEAR TYPE SUBJECT

CBSE Class 12 2026 Question Paper Solution Legal Studies

Notes · Sample Papers · Previous Year Papers · Mock Tests

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Marking Scheme
Strictly Confidential a
(For Internal and Restricted use only)
Senior Secondary School Examination, 2026 (XII)
SUBJECT NAME : Legal Studies (Q.P. CODE – 074/40)

General Instructions: -
1 The CBSE has decided to introduce On Screen Marking (OSM) for the evaluation of
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Class XII answer Book with the 2026 Examination.
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2 You are aware that evaluation is the most important process in the actual and

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correct assessment of the candidates. A small mistake in evaluation may lead to

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serious problems which may affect the future of the candidates, education system
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and teaching profession. To avoid mistakes, it is requested that before starting
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ag policy is a confidential policy as it is related to the confidentiality
evaluation, you must read and understand the spot evaluation guidelines carefully.
3 “Evaluation
of the examinations conducted, evaluation done and several other aspects.
Its leakage to public in any manner could lead to derailment of the
examination system and affect the life and future of millions of candidates.
Sharing this policy/document to anyone, publishing in any magazine and
printing in Newspaper/Website, etc. may invite action under various rules of
the Board and BNS.”
4 Evaluation is to be done as per instructions provided in the Marking Scheme. It

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should not be done according to one’s own interpretation or any other

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consideration. Marking Scheme should be strictly adhered to and religiously

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followed. However, while evaluating, answers which are based on latest

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information or knowledge and/or are innovative, they may be assessed for

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their correctness otherwise and due marks be awarded to them. In Class-XII,
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while evaluating two competency-based questions, please try to understand
given answer and even if reply is not from marking scheme but correct
competency is enumerated by the candidate, due marks should be awarded.
5 The Marking scheme carries only suggested value points for the answers.
These are in the nature of Guidelines only and do not constitute the complete
answer. The students can have their own expression and if the expression is
correct, the due marks should be awarded accordingly.
6 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. If there is any variation, the same should
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be zero after deliberation and discussion. The remaining answer books meant for

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evaluation shall be given only after ensuring that there is no significant variation in

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the marking of individual evaluators.
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Evaluators will mark ( √ ) wherever answer is correct. For wrong answer CROSS ‘X’
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impression that answer is correct and no marks are awarded. This is most
common mistake which evaluators are committing.
8 If a question has parts, please award marks on the right-hand side for each part in
the OSM Portal. Marks awarded for different parts of the question will be totaled up
by the OSM System.
9 If a question does not have any parts, marks must be awarded in the left-hand
margin in the OSM Portal. This may also be followed strictly.

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10 No marks to be deducted for the cumulative effect of an error. It should be
penalized only once.
11 A full scale of marks 0 to 80 marks ( as given in Question Paper) has to be used.
Please do not hesitate to award full marks if the answer deserves it.

12 Every examiner has to necessarily do evaluation work for full working hours i.e., 8
hours every day and evaluate 20 answer books per day in main subjects and 25
answer books per day in other subjects (Details are given in Spot Guidelines).This
is in view of the reduced syllabus and number of questions in question paper.
13 Ensure that you do not make the following common types of errors committed by
the Examiner in the past :-
● 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.
14 While evaluating the answer books if the answer is found to be totally incorrect, it
should be marked as cross (X) and awarded zero (0) Marks.
15 The Examiners should acquaint themselves with the guidelines given in the
“Guidelines for Spot Evaluation” before starting the actual evaluation.
16 The candidates are entitled to obtain photocopy of the Answer Book on request on
payment of the prescribed processing fee. All Examiners/Additional Head
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.
17 If a candidate attempts both alternatives/options in a question where only one
option/ alternative is required to be attempted, the Evaluator shall award
marks in both the options. The system will take the higher of two scores and
disregard the other response.
18 In a question having two options/alternatives, if a candidate has attempted
only one, then the evaluator shall mark “NA” (Not attempted) against the
option that has not been attempted by the candidate.

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MARKING SCHEME
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Legal Studies (Subject Code-074)
(PAPER CODE : 40) (P40074)
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Q.No. EXPECTED OUTCOMES/VALUE POINTS Steps
Marks
SECTION – A 20 x 1=20

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1. (C) Supreme court of India - 34 Judges. ( Page no. 4) Step 1-1 Mark

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(C) .co
Banking Ombudsman. (Page no . 46)
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2. Step 1-1 Mark

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(C) g The agreement is enforceable by law. a 1-1 Mark
3.
a ( Page no . 53) Step

4. (A) Both (A) and (R) are true, and (R) is the correct explanation of (A). Step 1-1 Mark
( Page no. 36)

5. (C) The dispute decided falls outside the scope of the arbitration agreement Step 1-1 Mark
( Page no. 39)
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(B) They cannot be fixed in advance and depend on the court’s assessment of
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6. Step 1-1 Mark
loss.
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7. agit involves performing an illegal act.
(B) The contract is void because Step 1-1 Mark
( Page no. 58)

8. (A) Mr. Kapoor has committed trespass to land, because he entered Mr Step 1-1 Mark
Sharma’s property without consent. ( Page no. 65)

9. (B) Achieving development that meets present needs without harming future Step 1-1 Mark
generations. (Page no. 95)
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10. Step 1-1 Mark

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(Page no. 136)

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a (B) Meera’s liability will be limited to her agreed capital contribution in the
LLP. ( Page no. 105)
Step 1-1 Mark

12. (D) National Human Rights Commission. ( Page no. 148-149) Step 1-1 Mark

13. (B) Both (A) and (R) are true, but (R) is not the correct explanation of (A). Step 1-1 Mark
( Page no.130)
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14. (A) Ananya’s statement amounts to defamation as it was false and harmed the Step 1-1 Mark
restaurant’s reputation. ( Page no. 66)

15. (B) Deterrence ( Page no.112-113) Step 1-1 Mark

16. (C) The transfer is not void but remains subject to the outcome of the pending Step 1-1 Mark
litigation. (Page no.77)

17. (A) The algorithm qualifies as a trade secret protected under contractual and Step 1-1 Mark
equitable obligations of confidentiality. ( Page no.88)

18. (C) Statement I is true, but Statement II is false. (Page no.189) Step 1-1 Mark

19. (B) A Senior Advocate cannot file a vakalatnama or draft pleadings directly Step 1-1 Mark
for a client. ( Page no.184)

20. (D) It is unethical because it involves solicitation and commercialisation of Step 1-1 Mark
the legal profession. ( Page no.187)

SECTION - B
21. No, it is constitutionally invalid (Step 1) Step 1-1 Mark
The procedure for appointment of judges at the High Court has been enshrined Step 2- 1 Mark
in Article 217 of the Constitution. This Article prescribes that every Judge of Total Marks -2
the High Court shall be appointed by the President after consultation with the
Chief Justice of India, the Governor of the State; and in the case of appointment
of a Judge other than the Chief Justice, the Chief Justice of the High Court
concerned. (Step 2)
Or
For High Courts, the collegium comprises of the Chief Justice of the High Court
and two senior most judges of the High Court. The Chief Justice conveys his
recommendations to the Chief Minister of the State and the Governor of the
State, who in turn send their views directly to the Union Minster of Law and
Justice. The complete material is then forwarded to the Chief Justice of India,
who in consultation with a collegium of two Judges of the Supreme Court,
would send his recommendations to the Union Minister of Law and Justice. The
Union Minister of Law and Justice then puts up the same to the Prime Minister
who will advise the President in the matter of appointment. (Step 2)
Or
The role of ‘consultation’ and held that the process of appointment of Judges to
the Supreme Court and the High Courts is an ‘integrated participatory
consultative process. The Chief Justice of India firms up his opinion after
consultation with a plurality of judges; his opinion is formed by a body of
senior Judges. (Step 2)
( Page no.15-16)
22. 1. Aarav’s trial follows the Adversarial system of dispute resolution Step 1-1 Mark
(Step 1) Step 2- 1 Mark
Total Marks -2

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2. Advantages-
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i.The use of cross-examination can be an effective way
witnesses presented.
ii. The parties may be more willing to accept the results when they are given
effective control over the process.
iii. Judge is neutral.
(Step 2)
(Any 1 point in Step 2)
( Page no.33-34)
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23. (a)
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1. The Shisham trees in this case are considered movable property. (Step 1) Step 1-1 Mark
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2. As per Section 3 of Transfer of Property Act, the immovable property does
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not include standing timber, growing crop and grass.
Or as
(Step 2) Total a
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Standing
standing timber includes Babool Tree, Shisham, Peepal, Banyan, Teak,
Bamboo, etc. The fruit-bearing trees like Mango, Jackfruit, Jamun, etc., are not
standing timber, and they are immovable properties. (Step 2)
Or
If the intention is that trees should continue to have the benefit of further
sustenance or nutriment by the soil (land), e.g., enjoining their fruits, then such
tree is immovable property. But if the intention is to cut them down sooner or
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later for the purpose utilizing the wood for building or other industrial purposes,
they would be timber and accordingly be regarded as movable property.(Step 2)
e m ( Page no. 72-73)
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23. (b) 1. Yes, Reema’s economic & moral
been violated. (Step 1) Step 2- 1 Mark
2. The right to reproduce & distribute literary work belongs exclusively to the Total Marks -2
creator unless transferred by contract. The magazine reproduced and published
the poem without authorization, violating Reema’s economic rights. (Step 2)
Or
Reema has moral rights including :
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Right to Paternity (to be properly credited)
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Right of Integrity (to prevent misuse or distortion of her work), which have

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been violated.
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(Step 2)

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their work and that their work is not used or copied without permission.
Copyright also promotes creativity and innovation by giving creators the
exclusive right to control the use and distribution of their works. (Step 2)
( Page no. 84-85)
24. (a) 1. The Supreme Court exercised the power of Judicial Review. (Step 1) Step 1-1 Mark
2.It allows it to examine the constitutionality of laws passed by the legislature Step 2- 1 Mark
and strike them down if they violate Fundamental Rights enshrined in the Total Marks -2
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Constitution of India. (Step 2)
Or
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Judicial review has also been used in matters concerning the legislative
competence with regards to the Centre-State relations. Article 246 of the
Constitution provides that the Parliament has exclusive powers to make laws
with respect to matters itemized in the ‘Union List’ (List 1 of the Seventh
Schedule of the Constitution). It provides further that both the Parliament and
the Legislature of any State have powers to make laws with respect to matters
enumerated in the ‘Concurrent List’ (List III of the Seventh Schedule of the
Constitution). With respect to the States, it provides that the Legislature of any
State has exclusive power to make laws with respect to matters listed in the
‘State List’ (List II of the Seventh Schedule). This Article delivers clear
division of law-making powers (division of powers) as well as room for
intersection between the Centre and the State. (Step 2)
Or
Judicial review helps demarcate the legislative competencies and ensures that
Centre does not exert its supremacy over the state matters and likewise states
do not encroach upon matters within the ambit of the Centre. (Step 2)
( Page no.24-25)
OR
24. (b) (i) Yes, appeal is possible under Article 134- when the High Court reverses an Step 1-1 Mark
acquittal and imposes a death sentence, an appeal lies as a matter of right under Step 2- 1 Mark
the Court’s appellate jurisdiction. (Step 1)
Total Marks -2
(ii) Yes, appeal is possible under Article 136 - the party may approach the
Supreme Court by filing a Special Leave Petition (SLP), which allows the
Court to hear cases even when no appeal lies as of right, if it considers the case
exceptional. (Step 2)
Or
No, Article 133 provides that an appeal shall lie to the Supreme Court from any
judgment, decree or final order in a civil proceeding of a High Court only if
High Court certifies under Article 134-A - (a) that the case involves a
substantial question of law of general importance; and (b) that in the opinion of
the High Court the said question needs to be decided by the Supreme Court.
(Step 2)
( Page no.9)
25. (a) 1.The conference was the Rio Summit/ United Nations Conference on Step 1-1 Mark
Environment and Development /UNCED/Earth Summit (Step 1) Step 2- 1 Mark
2. It’s main objective was to achieve international cooperation for Total Marks -2
environmental protection and sustainable development, balancing economic
growth with ecological responsibility. (Step 2)
Or
The objective of Rio ‘Earth Summit’ was to formulate a blueprint for global
action on environment and development issues. (Step 2)
( Page no. 96)
OR
25. (b) 1.The authority is the Central Pollution Control Board/ CPCB. (Step 1) Step 1-1 Mark
Step 2- 1 Mark
2.It was established under the Water (Prevention and Control of Pollution)
Act,1974./ Water Act (Step 2) Total Marks -2
( Page no. 98)
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26.
l a Step 1-1 Mark
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(a)National Commission for Minorities / NCM (Step 1)
(b)The NCM may decline a complaint if the complainant
ordinary judicial, quasi - judicial, or administrative remedies available for Total Marks -2
redressal, unless there is reasonable justification. (Step 2)
( Page no.152-153)

27. 1. Binding Authority -International Law is not automatically binding; it Step 1-1 Mark
requires the consent of states, whereas Domestic Law is binding and Step 2- 1 Mark
enforceable within a country by its legislature and courts. (Step 1)
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Total Marks -2
Or
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United Nations. (UN) General Assembly consists of representatives of around
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190 countries. Although it has an outward appearance of a legislature but it has
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no power
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(Step 1) a
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The resolutions passed by UN General Assembly serve merely as
recommendations. (Step 1)
2. Enforcement Mechanism- International Law lacks a central enforcement
authority or police force, while Domestic Law is enforced through national
executive agencies and judicial systems. (Step 2)
Or
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The international court system does not have absolute jurisdiction in
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international law. In contentious cases, the ICJ’s jurisdiction requires the
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consent of the particular states that are involved.
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(Step 2)

28. a
1. Neha’s legal aid can be withdrawn.
( Page no. 164)
(Step 1) Step 1-1 Mark
Step 2- 1 Mark
2. Neha’s legal aid can be withdrawn because she engaged a legal practitioner
other than the one assigned by the Legal Services Authority/Committee. Total Marks -2
(Step 2)
( Page no. 204)
SECTION - C
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i. Basic Structure doctrine invalidates any constitutional amendments that Step 1- 1 mark
29. (a)
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destroys or harms a basic or essential feature of the Constitution, like

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Step 2- 1 mark

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ii. Supreme Court has held judicial review to be the basic structure or feature of

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abolishes or disregards judicial review in issues concerning to fundamental Total Marks -3
rights of citizens.
iii. This concept was introduced by judiciary in order to tide over the spate of
amendments which were eroding into the basic elements of the Indian
constitution.
iv. This doctrine comes into play when it is felt that the executive and
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spirit of separation of powers.
v. Keshavananda Bharti case- This was a landmark case in defining the concept
of the basic structure doctrine. The Supreme Court held that although no part of
the Constitution, including Fundamental Rights, was beyond the Parliament’s
amending power, the “basic structure of the Constitution could not be abrogated
even by a constitutional amendment”.
(Any 3 points = 3 Steps)
( Page no. 22-23)

OR

29.(b) 1. The 42nd Amendment Act ushered the era of ’tribunalisation of Indian Step 1-1 Mark
judiciary’. The 42nd Constitutional Amendment Act, 1976 inserted Articles Step 2- 1 Mark
323A and 323B providing for the establishment of Tribunals. (Step 1) Step 3-1Mark
2. Article 323A empowers Parliament to set up administrative Tribunals for Total Marks -3
disputes relating to public services. (Step 2)
3.Article 323B allows both Parliament and State Legislatures to establish
Tribunals for certain other matters.( Such as environment, taxation, labour, or
land reforms) (Step 3)
( Page no. 20)
30. (a) Facilitative Mediation (Step 1) Step 1-1 Mark
Step 2- 1 Mark
The characteristics of Facilitative Mediation are – (Step 2)
Step 3-1Mark
i. The mediator guides the communication process but does not offer opinions
or judgments. Total Marks -3

ii. It emphasizes understanding interests and finding a mutually agreeable
solution through dialogue.
iii. Facilitative mediators typically do not evaluate a case or direct the parties to
a particular settlement.
iv. The Facilitative mediator facilitates the conversation.
v.These mediators act as guardian of the process, not the content or the
outcome.
vi.During a facilitative mediation session the parties in dispute control both
what will be discussed and how their issues will be resolved.
vii.The facilitative mediator is focused on helping the parties find a resolution
to their dispute.
viii. The facilitative mediator further provides a structure and agenda for the
discussion.
(Any 2 points)
(b) Evaluative mediation is focused on providing the parties with an evaluation
of their case and directing them toward settlement, whereas, Facilitative
Mediator only facilitates conversation. (Step 3)
Or
During an evaluative mediation process, when the parties agree that the
mediator should do so, the mediator will express a view on what might be a fair
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or reasonable settlement, whereas, facilitative mediators act as guardian of the
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process, not the content or the outcome. (Step 3)
Or
The Evaluative mediator has somewhat of an advisory role in that s/he evaluates
the strengths and weaknesses of each side’s argument and makes some
predictions about what would happen should they go to court, whereas, during a
facilitative mediation session the parties in dispute control both what will be
discussed and how their issues will be resolved. (Step 3)
( Page no. 42-43)
31. (a) Negligence is defined as the breach of the duty to take care which results in
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Step 1-1.5
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damages. It can be said that the wrong-doer or the defendant has been careless Marks

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in a way that harms the interest of the victim or the claimant. The victim or the
Step 2- 1.5
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claimant must establish three elements against the defendant in a tort of
s
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negligence case – 1) the defendant owes a duty of care to the victim; 2) there
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has been a breach of duty of care on part of the defendant; and 3) the breach of
the duty to care resulted in the harm suffered by the claimant.(Donoghue v
Stevenson/ Macpherson v Buick Motors case) (Step 1)
Strict liability is a standard of liability under which a person is legally
responsible for the consequences of an activity even in the absence of fault or
criminal intent from the defendant. Under the strict liability law, if the
defendant possesses anything that is inherently dangerous, as specified under
the ‘ultra-hazardous’ definition, the defendant is then strictly liable for any
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damages caused by such possession, no matter how careful the defendant is in
safeguarding them. The claimant does not have to establish any sort of or level

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of blame attributable to the defendant based on the intention or the degree of

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carelessness. It does not matter what care the defendant took but he was

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responsible for the damage as he brought such an article to his premises which
could be dangerous if it escapes. (Ryland v Fletcher) (Step 2)
( Page no. 66-68)
OR
31. (b) The competencies required by the transferor for a valid transfer are: Step 1-1 Mark
1.The transferor must be of sound mind,; Step 2- 1 Mark
2.The transferor must be above 18 years; Step 3-1Mark
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3. He must be authorised to make the transfer if the property is not his own
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property.

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4. He must not be legally disqualified to be a transferor or transferee.
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( Page no. 74)
a (i)The transfer of ownership of property that is made voluntarily and without Step 1-1 Mark
consideration is called gift. (Step 1) Step2- 0.5Mark
(ii) Donor → Keshav (Step 2) Step3- 0.5Mark
Donee → Sudama (Step 3) Step 4-1Mark
(iii) If Sudama dies before accepting the gift, the gift becomes void. (Step 4) Total Marks -3
( Page no. 78)

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33. (a) The primary sources of international law under Article 38(1) of Statute of ICJ Step 1-1 Mark
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are: Step 2- 1 Mark
1.International convention /treaties recognized by the contesting states- A Step 3-1Mark
Treaty/International Convention/Charters refers to legally binding, written, Total Marks -3
agreements in which states agree to act in a particular manner as specified in the
agreement. (Step 1)
2. International custom as evidence of general practice accepted as law.
Customary International law consists of rules that come from ‘a general practice
accepted as law’ and exists independent of treaty law. Customary international
law refers to binding legal rules that have developed on global or regional levels
through continued practice. (Step 2)
3. General principles of law – recognized by civilized Nations.
They could be general principles of justice, natural law, analogies to private
law, principles of comparative law, or general conceptions of international law.
The general principles of law are also found in textbooks, general surveys or
manuals, treatises, encyclopaedias. (Step 3)
( Page no. 168-169)
OR
33. (b) 1. The International Criminal Court (ICC) was set up through the Rome Statute Step 1-1 Mark
to prosecute individuals for the most serious crimes of international concern Step 2- 1 Mark
such as genocide, war crimes, crimes against humanity, and crime of
aggression. (Step 1) Step 3- 1 Mark
2.The ICC can act only when countries accept its jurisdiction - either where the Total Marks -3
crime is committed or when the accused is a national of that country. (Step 2)
3. Its jurisdiction is limited and complementary to national criminal courts,
which have wider authority to try all offences committed within their territory.
(Step 3)
( Page no. 177-178)
34. (a)The obligation is known as an erga omnes obligation. (Step 1) Step 1-1 Mark
Erga omnes obligations arise when violations are so grave - such as genocide or Step 2- 1 Mark
torture - that all states have a shared interest in preventing and punishing them, Step 3- 1 Mark
even if the crimes occurred outside their territory. (Step 2)
Total Marks -3
(b)International human rights law transcends national borders, allowing the
international community to actively participate in protecting human rights
across nations. (Step 3)
( Page no. 174)
35. 1. The forum referred to is the Permanent Lok Adalat. (Step 1) Step 1-1 Mark
2. Difference in procedure between Permanent Lok Adalat and Ordinary courts Step 2- 1 Mark
are: Step 3- 1 Mark
a. The Permanent Lok Adalat shall, during conduct of conciliation proceedings
Total Marks -3
assist the parties in their attempt to reach an amicable settlement of the dispute
in an independent and impartial manner, whereas in ordinary courts, the judges
have no direct interaction with the parties.
b. It shall be the duty of every party to the application to cooperate in good faith
with the Permanent Lok Adalat and to comply with the direction of the
Permanent Lok Adalat to produce evidence and other related documents before
it, whereas in ordinary courts, the lawyers provide evidence in the courts.
c. In case the parties reach at an agreement on the settlement of the dispute, they
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shall sign the settlement agreement and the Permanent Lok Adalat shall pass an
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award in terms thereof. Where the parties fail to reach at an agreement, the
Permanent Lok Adalat shall decide the dispute where as in ordinary courts, the
decision is final and binding.
d. The Permanent Lok Adalat shall, while conducting conciliation proceedings
or deciding a dispute on merit under this Act, be guided by the principles of
natural justice, objectivity, fair play, equity and other principles of justice,
whereas in ordinary courts, the procedural law will be followed.
e. The Award of Permanent Lok Adalat shall be final and deemed to be a decree
of a civil court and cannot be appealed.
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(Any 2 points = Step 2 and 3)

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1. An explicit .provision for legal services is incorporated in the International Step 1-1se
36. (a)
Covenantson
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Step 2- 1 Mark
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2. India
which
provide free legal assistance as per the requirements of the Covenant.
3. The Indian Supreme Court has adopted the method of giving effect to
international legal obligations when these obligations exist in the Indian legal
system expressly.
4. The Court also recognized international legal obligations as part of the law of
the land when Indian law can be harmoniously interpreted as in conformity with
international law.
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5. The Constitution (Forty-second amendment) Amendment Act, 1976 inserted
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Article 39-A in the Constitution to promote equal access to justice by providing
free legal aid.
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ag (Any 3 points=Steps 1,2 and 3)
( Page no. 198-199)
OR

36. (b) 1.Selection: Step 1-1 Mark
a. The legal services institution is vested with the authority to invite Step 2- 1 Mark
applications from legal practitioners with requisite professional experience to Step 3-1Mark
indicate the types of cases as they may be entrusted with.
Total Marks -3
b. The panel shall be prepared by the Executive Chairman of the legal service
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institution in consultation with the Attorney-General (for Supreme Court),

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Advocate-General (for High Courts), Government Pleader (for

m districts/Taluks), and the Bar Association President.
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c. The legal practitioner shall have three years or more of experience at the bar

g for being considered for empanelment. a
a d. Personal traits like competence, integrity, suitability, and experience shall be
considered. .
(Step 1)
(Any 1 Point)
2.Tenure:
The panel of lawyers is reconstituted every three years without disturbing
ongoing cases handled by existing panel lawyers. (Step 2)
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3.Duties:
a. The panel lawyers must perform their duties diligently
b. They cannot accept any fee or consideration from beneficiaries. They may
be removed for non - performance or actions contrary to the Act or
Regulations. . (Step 3)
(Any 1 point in Step 3)
( Page no. 202)
SECTION - D
37 a. Step 1-1 Mark
i.Yes, there is violation of Article 19 of the Indian Constitution Step 2- 1 Mark
The ban is not justified, as the cartoons merely express criticism and do not Step 3-1Mark
disturb public order. Under Article 19(1), every citizen has the right to freedom
Step 4-1 Mark
of speech and expression. The restriction is unreasonable because satire and
criticism of the government are protected forms of expression unless they incite Step 5- 1 Mark
disorder - which did not happen here. (Step 1) Total Marks -5

ii.No, Ravi’s right to freedom to reside and settle in any part of the territory of
India enshrined under Article 19 of the Indian Constitution is not violated.
The right to reside and settle anywhere in India under Article 19(1) is subject to
reasonable restrictions in the interest of the general public or for protecting the
interests of any Scheduled Tribe. The denial in this case is therefore valid.
(Step 2)
iii.No, Dr K’s right to freedom to practice any profession, or to carry on any
occupation, trade or business enshrined under Article 19 of the Indian
Constitution is not violated.
The right to practise any professionunder Article 19(1) is subject to reasonable
restrictions in the interest of public health, safety, or professional standards.
Temporary suspension for ethical lapses is justified. (Step 3)

b. No, the freedoms under Article 19 are not unlimited. (Step 4)

The freedoms are subject to reasonable restrictions imposed by the State to
safeguard interests such as the sovereignty and integrity of India, security of
State, public order, decency, morality, and defamation. (Step 5)
( Page no. 133-134)
38. When the mutual obligations of the parties are fulfilled, the contract comes to Step 1-1 Mark
an end and is discharged. (Step 1)
Or Step 2- 1 Mark
When the contract is ended, it is said to be discharged. (Step 1) Step 3-1Mark
Or Step 4-1 Mark
Discharge means termination of the contractual relations of the parties to the
contract. (Step 1) Step 5- 1 Mark
Total Marks -5
Situation (i) – Discharge of contract by Impossibility of Performance
Ramesh’s contract to supply 5,000 litres of water is discharged due to
supervening impossibility because a massive landslide blocked all access roads
and destroyed delivery trucks. (Step 2)
Or
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Performance became impossible due to landslide, and the contract cannot be
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enforced. (Step 2)

Liability and damages: Ramesh is not liable for non-performance as the
failure was due to an unforeseeable natural event beyond his control. The
Municipal Corporation cannot claim damages from Ramesh, since the
impossibility was not caused by his fault. (Step 3)

Situation (ii) – Discharge of contract by Breach
Arjun’s late delivery of shirts constitutes a breach of contract, as the contract
expressly stated that “time is of the essence” and timely delivery was essential m
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for the Diwali fashion launch. (Step 4)
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The contract is discharged by breach, and Neha is no longer obliged to accept
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the delayed goods.
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(Step 4)
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a g and damages: Arjun is liable for failing to perform as per the agreed
Liability
terms. Neha can claim damages / monetary compensation from Arjun.
(Step 5)
( Page no. 59-61)
39. (a) The One Person Company (OPC) – The features of OPC which merge corporate Step 1-1 Mark
identity with sole proprietorship are:
Step 2- 1 Mark
Step 3-1Mark
Aspect
o m Explanation
c
Separate legal An OPC is a distinct legal. entity, separate from its owner,
Step 4-1 Mark

e m It can own property, enter Step 5- 1 Mark
Identity
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unlike a sole proprietorship.
a be sued in its own name.
contracts, and sue or
Total Marks -5

Limited a g
The sole member’s liability is limited to the amount of
Liability capital contributed, providing protection of personal assets.
In contrast, a sole proprietor has unlimited liability.
Corporate OPCs can raise funds, open bank accounts, and avail tax
Benefits and regulatory benefits available to companies. It also
allows structured governance through a director (who is also
the sole member).

m
Perpetual The OPC has the feature of perpetual succession even when

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succession there is only one member. While incorporating the OPC, the

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single-member needs to appoint a nominee. Upon the

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member’s death, the nominee will run the company in the
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a (Any 2 points=Step 1 and 2)

2. Distinction from Sole Proprietorship :
Feature One Person Company Sole Proprietorship
(OPC)
Liability Limited to the capital Unlimited personal liability
contributed for business debts
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Legal Status Separate legal entity No separate legal identity;
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owner and business are the
same
Continuity Perpetual succession: Depends entirely on the
Continues even if the owner owner; business ceases on
dies or retires (subject to death, insolvency, or
nominee member) retirement
Registration Mandatory under Optional; can be operated
Companies Act, 2013 without formal registration
(Any 3 points=Step 3, 4 and 5)
( Page no. 108-109)
OR
39. (b) i. In the criminal justice system, a person is considered innocent until proven Step 1-1 Mark
guilty.
Step 2- 1 Mark
ii. Most accused persons do not lead defence evidence in India. One of the
major reasons for this is that in India, the burden is cast on the prosecution to Step 3-1Mark
prove the offence. Step 4-1 Mark
iii. The degree of proof required in a criminal trial is “proof beyond reasonable Step 5- 1 Mark
doubt”.
iv. It is not enough for the prosecution to assert that the accused has committed
Total Marks -5
the offence. The judge must be convinced beyond reasonable doubt that it was
in fact the accused who committed the offence. This was known as the “golden
thread principle of criminal law”.
v. While the presumption of the accused’s innocence is a long-standing
principle enshrined in common law and upheld by Indian law as well, jurists
have developed a rebuttal to the presumption of innocence under which an
accused may be presumed guilty at first instance and the burden of proof is on
the defence to establish the accused’s innocence or raise a reasonable doubt as
to his guilt.
vi. Reverse onus clauses shift the burden of proof from the prosecution to the
defendant when the prosecution has shown certain essential facts.
vii. The definition of a reverse onus provision is “one that shifts the burden of
proof from the prosecution to the accused once the prosecution establishes a
fundamental truth that justifies the shift in burden.”
viii. In certain situations, the burden of proof is placed on the accused to present
evidence supporting his innocence or to raise a plausible doubt about his guilt.
The accused is prima facie considered guilty.
(Any 4 points= Step 1, 2, 3 and 4)

Dowry Death is the most well-known instance of a reversal onus provision in
our nation. In dowry death cases, the accused is believed to be in a guilty
mental state, establishing a presumption of guilt rather than the ordinary
presumption of innocence. (Step 5)
( Page no. 119)
40. (a) (i) Aditi : Step 1-1 Mark
She will apply for enrolment at the State Bar Council/SBC/Bar Council.After
Step 2- 1 Mark
enrolment, Aditi can start practising law immediately as an advocate in India/
She can start practising after enrolment/ She can start practising after clearing Step 3-1Mark
the All India Bar Examination. (Step 1) Step 4-1 Mark
Step 5- 1 Mark
(ii) Ben :
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Ben’s foreign law degree must be recognised by the Bar Council of India from

a
a country where Indian law graduates are allowed to practise by reciprocity/ Total Marks -5
reciprocal basis. (Step 2)

(iii) Chintan :
After completing his MBA, Chintan should choose the 3 - year LL.B. program,
which is meant for graduates and qualifies him for enrolment with the Bar
Council. (Step 3)

m
(iv) For Aditi to become an Advocate - on - Record (AOR), the eligibility and

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Procedure is as follows:
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1. Must have practised as an advocate for at least 4 years.

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2. Must undergo 1 year of training under a Senior Advocate - on -

s Record.
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3. Must pass the AOR examination conducted by the Supreme Court.
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ag 4. Must have a registered office within 10 miles of the Supreme Court
and a registered clerk.
(Any 2 points = Step 4 and 5)
( Page no. 183-184)
OR
40. (b) i.Riya’s Career Path and Work: Step 1-1 Mark
Career Path and work: Transactional law / Law firm. Advising clients on
Step 2- 1 Mark
corporate transactions, drafting contracts/assisting in negotiations/ ensuring

om
regulatory compliance/ executing business deals smoothly. (Step 1) Step 3-1Mark
. c Step 4-1 Mark
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Key Skill / Knowledge for Riya : Corporate advisory skills/ legal

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drafting/negotiation skills/understanding commercial laws/ company laws/
Step 5- 1 Mark
regulatory compliance knowledge.
ag (Step 2)
Total Marks -5
ii.Meera’s Contribution to public policy and opportunities for law graduates:
Lawyers have an important role in formulating and advising on public policy.
They assists MPs in drafting bills, conducts policy research, contributes to law
reform.
Several organizations employ law graduates for policy making and have
institutionalized fellowships where law graduates can be Research
Assistants./A law graduate interested in public policy can apply to serve as a
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Legislative Assistant under the Legislative Assistants to Members of
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Parliament (LAMP) Fellowship programme run by PRS
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Legislative./Research/Institutions such as Competition Commission of India
e m and Securities and Exchange Board of India also employ law graduates for
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policy making in the respective fields./ Law firms have established Government

ag Policy Departments where they employ law graduates for policy research.
(Step 3)

iii. Anika’s Legal Work in JAG :
It deals with military related disciplinary cases and litigation and assists in
providing legal assistance to the army in human rights matters and the rule of
law among other things.
Or

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The department supports the Judge Advocate General (JAG) who is the legal

.co m
and judicial chief of the army and advises the Chief of the Army Staff on legal
s e
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matters.
Or
The JAG’s Department is also responsible for emerging fields of military law
such as those related to cyber laws, space laws, terrorism and human rights
violations.
(Any 2 points = Step 4 and 5)
( Page no. 191-193)

-oOo-

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