Question 1

Explain the phenomenon of tribunalisation of justice in India.

Accepted Answer

1. Core Legal Answer & Context: 'Tribunalisation of justice' refers to the increasing trend of establishing specialized quasi-judicial bodies, known as tribunals, to adjudicate specific types of disputes, thereby reducing the burden on traditional courts. This phenomenon gained momentum in India primarily to address the burgeoning backlog of cases in civil courts, provide specialized expertise for complex matters (e.g., tax, environmental, administrative), and offer a more expeditious and cost-effective dispute resolution mechanism. Tribunals operate under specific statutes, often with simplified procedures, and are intended to deliver justice efficiently in their designated domains. 2. Relevant Statutes and Sections: Article 323A of the Constitution: Empowers Parliament to provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India. Article 323B of the Constitution: Empowers Parliament and State Legislatures to provide for the adjudication or trial by tribunals of disputes, complaints, or offences with respect to matters specified therein, such as taxation, foreign exchange, industrial and labour disputes, land reforms, elections to Parliament and State Legislatures, etc. Administrative Tribunals Act, 1985: Established Central Administrative Tribunals (CAT) and State Administrative Tribunals (SAT) for service matters. Companies Act, 2013: Established the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT). National Green Tribunal Act, 2010: Established the National Green Tribunal (NGT) for environmental matters. 3. Important Landmark Cases: S.P. Sampath Kumar v. Union of India (1987): The Supreme Court upheld the constitutio

Question 2

Briefly explain the grounds on which administrative actions can be subjected to judicial review.

Accepted Answer

1. Core Legal Answer & Context: Judicial review of administrative actions is a fundamental aspect of constitutional governance, ensuring that public authorities act within the bounds of their powers and in accordance with the law. It serves as a crucial check on executive discretion, preventing arbitrary, illegal, or unreasonable exercise of power. The grounds for judicial review have evolved through common law principles and judicial pronouncements, primarily categorized into illegality, irrationality, and procedural impropriety, with proportionality emerging as an additional ground. 2. Relevant Statutes and Sections: Article 32 of the Constitution: Empowers the Supreme Court to issue writs for the enforcement of fundamental rights. Article 226 of the Constitution: Empowers High Courts to issue writs (Habeas Corpus, Mandamus, Prohibition, Quo Warranto, Certiorari) for the enforcement of fundamental rights and for 'any other purpose'. This is the primary article for judicial review of administrative actions. Article 136 of the Constitution: Grants the Supreme Court special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal. 3. Important Landmark Cases: Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation (1948): This English case laid down the 'Wednesbury unreasonableness' test, which became a cornerstone for judicial review on grounds of irrationality. An action is unreasonable if it is so unreasonable that no reasonable authority could ever have come to it. Council of Civil Service Unions v. Minister for the Civil Service (GCHQ Case) (1985): Lord Diplock famously categorized the grounds for judicial review into illegality, irrationality, and procedural impropriety, which have been widely adopted in India. S.R. Bommai v. Union of India (1994): The Supreme Court extensively applied the principles of judicial review to examine the validity of Presidential Proclamati

Question 3

What is the position of the Governor in a State? Examine the Pardoning Powers of the Governor under the Constitution. Is Pardoning Power, subject to judicial review?

Accepted Answer

1. Core Legal Answer & Context: Position of the Governor: The Governor is the constitutional head of a State, acting as the representative of the President and the Union government. Appointed by the President, the Governor holds office during the pleasure of the President. While vested with significant executive powers (Article 154), the Governor generally acts on the aid and advice of the Council of Ministers headed by the Chief Minister (Article 163), except in certain matters where the Constitution grants discretionary powers. The Governor serves as a crucial link between the Union and the State, ensuring constitutional machinery functions smoothly. Pardoning Powers of the Governor: Article 161 of the Constitution grants the Governor the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends. This power is exercised on the advice of the State Council of Ministers. Judicial Review of Pardoning Power: While the pardoning power is a high prerogative, it is not absolute and is subject to limited judicial review. The Supreme Court has clarified that this power cannot be exercised arbitrarily, mala fide, or on extraneous considerations. 2. Relevant Statutes and Sections: Article 153: There shall be a Governor for each State. Article 154: Executive power of the State shall be vested in the Governor. Article 155: Appointment of Governor by the President. Article 156: Term of office of Governor (during the pleasure of the President). Article 161: Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases. Article 163: Council of Ministers to aid and advise Governor. 3. Important Landmark Cases: Maru Ram v. Union of India (1980): The Supreme Court held that the pardoning power under Article 161 (and Article 72 for the President) must be exercis

Question 4

In view of the importance of Panchayat Raj institution in local governance, do you think the idea of prescribing educational qualification to contest local body election is undemocratic and incoherent?

Accepted Answer

1. Core Legal Answer & Context: The idea of prescribing educational qualifications to contest local body elections, particularly for Panchayat Raj Institutions (PRIs), is a contentious issue with arguments on both sides. From a democratic and constitutional perspective, such a requirement can be viewed as undemocratic and incoherent. PRIs are the bedrock of grassroots democracy, designed to ensure broad-based participation and representation of all sections of society in local self-governance. Imposing educational barriers can disenfranchise a significant portion of the population, particularly in rural areas where literacy rates may be lower, and disproportionately affect marginalized communities, women, and the elderly. Arguments against educational qualifications: Undemocratic Exclusion: It restricts the right to contest elections, which is a fundamental aspect of democratic participation. Democracy thrives on inclusivity, not exclusivity. Against Spirit of PRIs: The 73rd and 74th Constitutional Amendments aimed at empowering local communities and bringing governance closer to the people. Educational qualifications contradict this spirit by limiting who can represent these communities. Disproportionate Impact: It adversely affects vulnerable groups who may have historically lacked access to education. This can perpetuate existing inequalities. Irrelevance to Governance: Practical experience, leadership qualities, integrity, and understanding of local issues are often more crucial for effective local governance than formal education. An educated person may not necessarily be a better leader or administrator. No Correlation with Performance: There is no conclusive evidence to suggest a direct correlation between educational qualification and effective performance in local governance. Arguments for educational qualifications (counter-arguments): Improved Governance: Proponents argue that educated representatives might be better equipped to understand complex policie

Question 5

Explain the significance of the rule of 'AUDI ALTERAM PARTEM' in administrative decision making and state the circumstances under which 'post decisional hearing' can effectively satisfy the mandate of natural justice.

Accepted Answer

1. Core Legal Answer & Context: Significance of Audi Alteram Partem: 'Audi Alteram Partem' (hear the other side) is a fundamental principle of natural justice, crucial for fair administrative decision-making. It mandates that no person should be condemned unheard. Its significance lies in ensuring fairness, transparency, and impartiality in administrative actions that affect an individual's rights or interests. This rule requires that the affected party must be given a reasonable opportunity to present their case, respond to allegations, and produce evidence before an adverse decision is made. It prevents arbitrary decisions, promotes public confidence in the administration, and ensures that decisions are based on all relevant facts and arguments. Components of Audi Alteram Partem: Notice: The person must be given clear, unambiguous, and timely notice of the case against them, including the charges, allegations, and proposed action. Opportunity to be Heard: The person must have a reasonable opportunity to present their side, submit explanations, produce evidence, and cross-examine witnesses (where necessary). Disclosure of Evidence: All relevant material and evidence relied upon by the decision-making authority must be disclosed to the affected party. Post-Decisional Hearing: Generally, the opportunity to be heard must be provided before a decision is made (pre-decisional hearing). However, in certain exceptional circumstances, a 'post-decisional hearing' can satisfy the mandate of natural justice. This occurs when an immediate decision is necessary due to urgency, public interest, or practical impossibility of a pre-decisional hearing, provided that a full and fair hearing is subsequently granted. 2. Relevant Statutes and Sections: While not explicitly codified as a statute, the principles of natural justice, including Audi Alteram Partem, are considered inherent in the concept of 'procedure established by law' under Article 21 and are enforced through Articles 32

Question 6

Evaluate the constitutional provisions relating to administrative relation between the Union and the State with special emphasis on inter-governmental delegation of administrative power.

Accepted Answer

1. Core Legal Answer & Context: The Indian Constitution establishes a federal system with a strong unitary bias, where the Union and States share legislative, executive, and financial powers. The administrative relations between the Union and the States are crucial for the smooth functioning of this federal structure, ensuring cooperation and coordination. These relations are primarily governed by Articles 256 to 263, which outline the mutual obligations, control mechanisms, and avenues for cooperation. A key aspect of these relations is the inter-governmental delegation of administrative power, which allows for flexibility and efficiency in governance. 2. Relevant Statutes and Sections: Part XI of the Constitution (Articles 256-263): Deals with relations between the Union and the States. Article 256: Obligation of States and the Union: The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose. Article 257: Control of the Union over States in certain cases: The executive power of the Union also extends to giving directions to a State regarding the construction and maintenance of means of communication of national or military importance, protection of railways, and ensuring peace and tranquility in the State. Article 258: Power of the Union to confer powers, etc., on States in certain cases: (1) The President may, with the consent of the Government of a State, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the Union extends. (2) A law made by Parliament which applies in any State may, notwithstanding that it relates to a matter with respect to which the Legislature of the State has no power to

Question 7

Is 'Secularism' an essential feature of the Constitution of India? Explain in the light of decided case laws.

Accepted Answer

1. Core Legal Answer & Context: Yes, 'Secularism' is unequivocally an essential feature, indeed a basic structure, of the Constitution of India. The concept of secularism in India, often termed 'positive secularism,' implies not a complete separation of state and religion (as in some Western models), but rather an equal respect for all religions (Sarva Dharma Sambhava) and non-discrimination by the state on grounds of religion. The state is expected to maintain a principled distance from all religions, neither favoring nor disfavoring any, and ensuring religious freedom for all citizens. This principle was implicitly present in the original Constitution and explicitly incorporated into the Preamble in 1976. 2. Relevant Statutes and Sections: Preamble to the Constitution of India: The term 'Secular' was added by the 42nd Amendment Act, 1976. Article 14: Equality before law and equal protection of laws. Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. Article 25-28: Guarantees freedom of religion. 3. Important Landmark Cases: Kesavananda Bharati v. State of Kerala (1973): Although the term 'secular' was not yet in the Preamble, this landmark case established the 'Basic Structure Doctrine,' holding that certain fundamental features of the Constitution cannot be altered by Parliament. While secularism was not explicitly listed as a basic feature in this judgment, its underlying principles of equality and religious freedom were recognized as integral. S.R. Bommai v. Union of India (1994): This is the most significant judgment affirming secularism as a basic feature. The Supreme Court held that secularism is a part of the basic structure of the Constitution and that any state government pursuing non-secular policies is liable to be dismissed under Article 356. Justice B.P. Jeevan Reddy observed that "Secularism is a basic feature of the Constitution. It is a positive concept of an equal treatment of all religions." Arun

Question 8

Elucidate the scope of the appellate jurisdiction of the Supreme Court of India under the constitution with regard to Criminal matters.

Accepted Answer

1. Core Legal Answer & Context: The Supreme Court of India possesses extensive appellate jurisdiction in criminal matters, allowing it to hear appeals against judgments, orders, or sentences of High Courts. This jurisdiction is crucial for ensuring justice, maintaining uniformity in legal interpretation, and correcting errors of law or fact in serious criminal cases. The scope of this jurisdiction is primarily defined by Articles 132, 134, and 136 of the Constitution, covering appeals based on constitutional questions, specific High Court certifications, and the Court's inherent power to grant special leave. 2. Relevant Statutes and Sections: Article 132: Appeals to the Supreme Court from any judgment, decree or final order of a High Court in civil, criminal or other proceedings, if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution. Article 134: Appellate jurisdiction of Supreme Court in criminal matters: (1)(a) From any judgment, final order or sentence in a criminal proceeding of a High Court if the High Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death. (1)(b) From any judgment, final order or sentence in a criminal proceeding of a High Court if the High Court has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death. (1)(c) If the High Court certifies that the case is a fit one for appeal to the Supreme Court. Article 136: Special leave to appeal by the Supreme Court. This grants the Supreme Court discretionary power to grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India. Code of Criminal Procedure, 1973 (CrPC): Sections 379 and 380 also deal with appeals to the Supreme Court in certain criminal cases. 3. Imp

Question 9

Discuss the importance of 'Right to life and personal liberty' with reference to recent case laws.

Accepted Answer

1. Core Legal Answer & Context: The 'Right to life and personal liberty' enshrined in Article 21 of the Indian Constitution is the most fundamental of all fundamental rights, serving as the bedrock of a dignified existence. Its importance lies in its expansive and dynamic interpretation by the Supreme Court, transforming it from a mere guarantee against executive encroachment into a multifaceted right encompassing various aspects essential for human flourishing. Recent case laws have significantly broadened its scope, recognizing new facets like the right to privacy, dignity, choice, and a clean environment, thereby reinforcing its pivotal role in a democratic society. 2. Relevant Statutes and Sections: Article 21 of the Constitution of India: "No person shall be deprived of his life or personal liberty except according to procedure established by law." 3. Important Landmark Cases: K.S. Puttaswamy v. Union of India (2017): This landmark judgment unequivocally declared the 'Right to Privacy' as a fundamental right, inherent in Article 21, and flowing from Articles 14, 19, and 21. It recognized privacy as an intrinsic part of life and personal liberty, essential for human dignity and autonomy. Navtej Singh Johar v. Union of India (2018): The Supreme Court decriminalized consensual homosexual acts, holding that Section 377 of the Indian Penal Code, to the extent it criminalized such acts between consenting adults, violated the rights to equality, dignity, and personal liberty under Article 21. This case emphasized the right to choice and identity as integral to personal liberty. Joseph Shine v. Union of India (2018): The Court struck down Section 497 of the Indian Penal Code, which criminalized adultery, as unconstitutional. It held that the provision violated Article 21 by denying women their dignity, individual autonomy, and sexual liberty, treating them as property of their husbands. Common Cause v. Union of India (2018): The Court recognized the 'Right to die with

Question 10

Discuss the law relating to the powers of Parliament and State Legislatures to punish a person for breach of their privileges.

Accepted Answer

1. Core Legal Answer & Context: Parliamentary privileges are special rights, immunities, and exemptions enjoyed by the Houses of Parliament, State Legislatures, their members, and committees. These privileges are essential for the effective functioning of the legislative bodies and for maintaining their dignity and authority. A breach of privilege occurs when any individual or authority disregards or attacks these rights and immunities. The power to punish for such a breach is a crucial aspect of these privileges, enabling the legislature to protect itself from obstruction, contempt, and undue interference. The power to punish for breach of privilege is quasi-judicial in nature. When a breach is alleged, the matter is typically referred to the Privileges Committee of the respective House. This committee investigates the complaint, hears the parties involved, and submits a report with recommendations to the House. The House then takes a decision, which can range from a warning, reprimand, suspension from the House (for members), or even imprisonment (for non-members) for the duration of the session. The power to punish extends to both members and non-members, including government officials and members of the public. This power is considered inherent and necessary for the legislature to maintain its independence and authority. 2. Relevant Statutes and Sections: Article 105 of the Indian Constitution: Deals with the powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof. Clause (3) states that until defined by Parliament by law, the powers, privileges, and immunities shall be those of the House of Commons of the Parliament of the United Kingdom, and of its members and committees, at the commencement of the Constitution. No such comprehensive law has been enacted yet. Article 194 of the Indian Constitution: Deals with the powers, privileges, etc., of the Houses of Legislatures of States and of the members and committees thereof.

Question 11

Discuss the circumstances under which 'Financial Emergency' can be proclaimed by the President of India and effects thereof.

Accepted Answer

1. Core Legal Answer & Context: A Financial Emergency in India is a constitutional provision under Article 360, designed to address severe threats to the financial stability or credit of the country. It is one of three types of emergencies (the others being National Emergency and State Emergency). The proclamation of a Financial Emergency is an extraordinary measure, reflecting a grave economic crisis, and has never been invoked in India's history. Circumstances for Proclamation: The President of India can proclaim a Financial Emergency if he is satisfied that a situation has arisen whereby the financial stability or credit of India, or of any part of its territory, is threatened. The President's satisfaction, though based on the advice of the Council of Ministers, is crucial. This satisfaction is subject to judicial review, though the scope of such review is limited to grounds of mala fide or extraneous considerations. Procedure: A proclamation of Financial Emergency must be laid before each House of Parliament. It ceases to operate at the expiration of two months unless before the expiration of that period, it has been approved by resolutions of both Houses of Parliament. Once approved, it continues indefinitely until revoked by the President. There is no maximum period prescribed for its operation. Effects of Financial Emergency: The proclamation of a Financial Emergency has far-reaching implications, primarily centralizing financial control and imposing austerity measures: Direction to States: The Union Executive can issue directions to any State regarding financial propriety, including directives to reduce salaries and allowances of all or any class of persons serving in connection with the affairs of the State, including High Court judges. Reservation of Money Bills: All Money Bills or other financial Bills passed by the State Legislature can be reserved for the consideration of the President after they are passed by the State Legislature. Reduction of Salarie

Question 12

Do you think the current trends in judicial activism in India are inconsistent with the Principles of Separation of Powers, which is considered to be one of the basic features of the Constitution?

Accepted Answer

1. Core Legal Answer & Context: Judicial activism refers to the judiciary's proactive role in interpreting the Constitution and laws to achieve social justice, protect fundamental rights, and hold the executive and legislature accountable. It often involves the courts stepping into areas traditionally considered the domain of the other two branches. The principle of Separation of Powers, a cornerstone of the Indian Constitution and part of its Basic Structure, advocates for distinct functions and powers for the legislature, executive, and judiciary to prevent concentration of power and ensure checks and balances. Inconsistency Argument: Critics argue that judicial activism, particularly through Public Interest Litigations (PILs), issuing detailed guidelines (e.g., Vishaka guidelines), or monitoring executive actions, can lead to judicial overreach. When courts issue directions that resemble policy-making or legislate where there is a vacuum, they are seen as encroaching upon the legislative and executive domains. This blurring of lines can undermine the distinct roles envisioned by the Separation of Powers, potentially leading to a less accountable judiciary making decisions that should ideally be debated and decided by elected representatives or implemented by the executive. Consistency Argument (or Necessary Intervention): Conversely, proponents argue that judicial activism is not inherently inconsistent but rather a necessary corrective mechanism, especially in a developing democracy like India. It often arises when the executive or legislature fails to perform its duties, protect fundamental rights, or address pressing social issues. In such situations, the judiciary steps in to fill the vacuum, enforce constitutional mandates, and ensure justice. The Supreme Court's powers under Articles 32, 142, and 226 allow it to do 'complete justice' and enforce fundamental rights, which sometimes necessitates proactive intervention. This is seen as upholding the spirit of

Question 13

Examine the powers and role of Election Commission of India in conducting free and fair election.

Accepted Answer

1. Core Legal Answer & Context: The Election Commission of India (ECI) is an autonomous constitutional body responsible for administering election processes in India. Established under Article 324 of the Constitution, its primary role is to ensure free, fair, and impartial elections to the Parliament, State Legislatures, the offices of President, and Vice-President. The ECI's independence and extensive powers are crucial for the integrity of India's democratic process. Powers and Role of ECI: Superintendence, Direction, and Control: Article 324 vests in the ECI the power of superintendence, direction, and control of the preparation of electoral rolls and the conduct of all elections mentioned above. This broad mandate gives it significant authority. Electoral Rolls: The ECI is responsible for preparing, revising, and updating electoral rolls, ensuring that all eligible citizens are registered and that rolls are accurate and free from errors. Delimitation: While the Delimitation Commission handles the redrawing of constituency boundaries, the ECI plays a role in the process and implements the final orders. Recognition of Political Parties and Allotment of Symbols: The ECI registers political parties, grants them recognition as national or state parties based on their electoral performance, and allots election symbols. It also has the power to settle disputes between rival groups of a recognized political party. Model Code of Conduct (MCC): The ECI formulates and enforces the MCC, a set of guidelines for political parties and candidates to ensure a level playing field and prevent malpractices during elections. Though not legally enforceable, it is strictly adhered to and violations can lead to action by the ECI. Election Schedule: The ECI determines the schedule for elections, including dates for notification, nominations, scrutiny, withdrawals, polling, and counting. Appointment of Election Machinery: It appoints election officers, observers, and other staff necessar

Question 14

Do you think the institution of Lokpal, as envisaged under the Lokpal and Lokayukta Act, 2013, is efficacious enough to curb corruption in India? State the inadequacies in the legislative framework, if any.

Accepted Answer

1. Core Legal Answer & Context: The Lokpal and Lokayuktas Act, 2013, established the institution of Lokpal at the Centre and mandated the creation of Lokayuktas in the States. The primary objective of the Lokpal is to inquire into allegations of corruption against public functionaries, including the Prime Minister, Union Ministers, Members of Parliament, and certain categories of central government employees. It was envisioned as an independent and powerful anti-corruption ombudsman, a significant step towards combating corruption in India. Efficacy of Lokpal: Positive Aspects: Independent Body: Designed to be independent of government influence, with its own inquiry and investigative wings. Wide Jurisdiction: Covers a broad range of public functionaries, including the Prime Minister (with certain safeguards), ministers, and MPs. Investigative Powers: Has powers to conduct preliminary inquiry, investigation, and prosecution, and can attach assets. Transparency: Mandates declaration of assets by public servants and provides for protection of whistleblowers. Inadequacies in the Legislative Framework: Appointment Process: The selection committee for the Lokpal is dominated by government representatives (PM, Speaker, CJI/nominee, Leader of Opposition). The absence of a recognized Leader of Opposition for a period after 2014 delayed appointments, highlighting a structural flaw. The 'eminent jurist' member is also government-appointed, raising concerns about independence. Limited Jurisdiction over PM: While the PM is under its purview, the Lokpal cannot inquire into allegations related to international relations, security, public order, atomic energy, and space, unless a full bench of the Lokpal (including at least two-thirds of its members) approves the inquiry, and the proceedings are held in camera. This creates significant hurdles. Lack of Suo Motu Power: The Lokpal cannot initiate an inquiry on its own motion. It relies on complaints, which can be a limitation in unc

Question 15

What are the theories relating to relationship between International Law and Municipal Law? Elaborate.

Accepted Answer

1. Core Legal Answer & Context: The relationship between international law and municipal (domestic) law is a fundamental aspect of legal theory, addressing how these two distinct legal systems interact, where they derive their authority, and which takes precedence in case of conflict. Two primary theories, Monism and Dualism, offer contrasting perspectives, while a third, more pragmatic approach, emphasizes coordination. a) Monism: Core Idea: Monist theory posits that international law and municipal law are parts of a single, unified legal system. They are seen as two branches of the same tree, with international law generally holding supremacy. There is no need for international law to be 'transformed' into domestic law; it is directly applicable within the national legal order. Hierarchy: In a pure monist system, international law is superior to municipal law. If there is a conflict, international law prevails, and municipal law that contradicts it is considered invalid or overridden. Direct Effect: Treaties and customary international law are automatically incorporated into the domestic legal system and can be directly invoked by individuals in national courts. Example: Some countries, particularly those with civil law traditions, lean towards monism, where ratified treaties automatically become part of domestic law. b) Dualism: Core Idea: Dualist theory views international law and municipal law as two entirely separate and distinct legal systems. They operate in different spheres, regulate different subjects (states vs. individuals), and derive their authority from different sources (consent of states vs. national constitution/legislature). No Direct Effect: For international law to have effect within the domestic legal system, it must be 'transformed' or 'incorporated' into municipal law through an act of the national legislature (e.g., passing a statute). Without such an act, international law has no direct domestic legal force. Conflict Resolution: In case of

Question 16

What are the factors that govern the recognition of insurgency and belligerency?

Accepted Answer

1. Core Legal Answer & Context: Recognition of insurgency and belligerency are political acts by third states that have significant legal consequences in international law. They transform an internal conflict into a matter of international concern, granting certain rights and imposing obligations on the recognizing state and the recognized entity. These concepts are crucial in determining the legal status of non-state armed groups and the applicability of international law, particularly international humanitarian law. a) Recognition of Insurgency: Recognition of insurgency is a lower threshold and is typically granted when an internal conflict reaches a certain level of intensity and organization, but falls short of full-scale civil war. It is often a provisional and limited form of recognition. Factors Governing Recognition of Insurgency: Organized Command: The insurgent group must have a responsible and organized command structure capable of exercising authority over its members. Control over Territory: The insurgents must control a significant portion of territory, even if it's not stable or extensive. Adherence to Laws of War (to some extent): The insurgent group should show some willingness to observe the basic rules of international humanitarian law (e.g., Common Article 3 of the Geneva Conventions). Significant Armed Conflict: The conflict must be more than mere internal disturbances or riots; it must involve sustained armed hostilities. Impact on Third States: The conflict must be affecting the interests of third states (e.g., trade, navigation, safety of nationals). Legal Consequences of Recognition of Insurgency: Third states can declare neutrality. The recognizing state can deal with the insurgents on a de facto basis (e.g., for humanitarian aid). The insurgent group gains limited international personality, primarily for the purpose of the conflict. b) Recognition of Belligerency: Recognition of belligerency is a much higher threshold and signifies that t

Question 17

Does the International Court of Justice (ICJ) have the competence to determine its own jurisdiction? Discuss with case law.

Accepted Answer

1. Core Legal Answer & Context: Yes, the International Court of Justice (ICJ) unequivocally possesses the competence to determine its own jurisdiction. This fundamental principle in international law is known as Compétence de la Compétence (or Kompetenz-Kompetenz). It means that if a state challenges the ICJ's jurisdiction in a particular case, the Court itself has the authority to rule on the validity of that challenge and decide whether it has the power to hear the dispute. This principle is essential for the effective functioning and independence of any international tribunal, preventing states from unilaterally blocking proceedings by simply raising jurisdictional objections. The ICJ's jurisdiction is always based on the consent of the states involved in a dispute. This consent can be expressed in several ways: Special Agreement (Compromis): States agree to submit a specific dispute to the Court. Treaty Provisions (Compromissory Clauses): Treaties may contain clauses stipulating that disputes arising from the interpretation or application of the treaty shall be referred to the ICJ. Optional Clause (Article 36(2) of the ICJ Statute): States can make a unilateral declaration accepting the compulsory jurisdiction of the Court in relation to any other state accepting the same obligation. When a state raises an objection to the Court's jurisdiction, the ICJ will examine the basis of its alleged jurisdiction (e.g., the relevant treaty, the optional clause declaration) and the arguments presented by both parties. The Court will then issue a judgment on its jurisdiction, which is binding on the parties. 2. Relevant Statutes and Sections: Article 36(6) of the Statute of the International Court of Justice: This article explicitly states: "In the event of a dispute as to whether the Court has jurisdiction, the matter shall be settled by the decision of the Court." 3. Important Landmark Cases: Nottebohm Case (Liechtenstein v. Guatemala, 1953): Although primarily known for i

Question 18

Define 'hijacking' and discuss the main provisions of the Hague Convention, 1970.

Accepted Answer

1. Core Legal Answer & Context: Hijacking Definition: Hijacking, in the context of aviation, refers to the unlawful seizure or exercise of control of an aircraft in flight by force, threat, or any other form of intimidation. It is an act of air piracy, a serious international crime that endangers the safety of civil aviation, passengers, and crew. The act typically involves diverting an aircraft from its intended course or taking control of it against the will of the pilot or crew. The Hague Convention for the Suppression of Unlawful Seizure of Aircraft, 1970: The Hague Convention is a multilateral treaty adopted under the auspices of the International Civil Aviation Organization (ICAO) in response to a surge in aircraft hijackings in the late 1960s. Its primary aim is to ensure that perpetrators of unlawful seizure of aircraft are either prosecuted or extradited, thereby preventing safe havens for such criminals. It establishes a framework for international cooperation to combat this specific form of terrorism. Main Provisions of the Hague Convention, 1970: Article 1 (Definition of the Offence): Defines the offence of unlawful seizure of aircraft. It states that any person who, on board an aircraft in flight, unlawfully, by force or threat thereof, or by any other form of intimidation, seizes or exercises control of that aircraft, or attempts to do so, or is an accomplice of a person who performs or attempts to perform such an act, commits an offence. Article 2 (Penalties): Requires each Contracting State to make the offence punishable by severe penalties. Article 3 (Scope of Application): Specifies that the Convention applies to an aircraft in flight, from the moment all its external doors are closed following embarkation until the moment any such door is opened for disembarkation. It also applies irrespective of whether the aircraft is engaged in international or domestic flight, provided the place of take-off or the place of actual landing of the aircraft is sit

Question 19

Comment on the provisions relating to prohibition of use of force and exceptions thereto under the U. N. Charter, 1945.

Accepted Answer

1. Core Legal Answer & Context: The United Nations Charter, signed in 1945, fundamentally reshaped international law by establishing a collective security system centered on the prohibition of the use of force. This prohibition is a cornerstone of contemporary international relations, aiming to prevent wars and maintain international peace and security. However, the Charter also recognizes specific, narrowly defined exceptions to this general prohibition. Prohibition of the Use of Force (Article 2(4)): Article 2(4) of the UN Charter is the central provision: "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations." This article establishes a general prohibition on both the threat and the use of armed force in international relations. It is widely considered a principle of jus cogens (peremptory norm of international law), meaning it is a fundamental principle from which no derogation is permitted. The purpose is to protect the sovereignty, territorial integrity, and political independence of states and to ensure peaceful resolution of disputes. Exceptions to the Prohibition of the Use of Force: There are two explicitly recognized exceptions in the UN Charter: a) Self-Defense (Article 51): Article 51 states: "Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security." Conditions for Self-Defense: Armed Attack: An actual armed attack must have occurred. The concept of 'imminent' armed attack (anticipatory self-defense) is debated, but generally, a high threshold of immediacy and necessity is required. Necessity: The use of force must be necessary to repel the armed attack. Pro

Question 20

What do you mean by 'human environment'? Discuss the role of United Nations Organisation (UNO) in protecting and improving the human environment.

Accepted Answer

1. Core Legal Answer & Context: The 'human environment' refers to the complex interplay of natural and built surroundings, and the social, economic, and cultural conditions that affect human life and well-being. It encompasses not just the physical elements like air, water, land, and biodiversity, but also the quality of life, health, and sustainable development opportunities available to people. It recognizes that human activities profoundly impact the environment, and conversely, environmental quality directly influences human health, prosperity, and peace. The United Nations Organization (UNO) plays a pivotal and multi-faceted role in protecting and improving the human environment, recognizing its global and interconnected nature. Its efforts span several key areas: Awareness and Norm-Setting: The UN has been instrumental in raising global awareness about environmental issues through landmark conferences like the 1972 Stockholm Conference on the Human Environment and the 1992 Rio Earth Summit. These events produced foundational documents like the Stockholm Declaration and the Rio Declaration, establishing principles of international environmental law and sustainable development. Institutional Framework: The UN established key bodies such as the United Nations Environment Programme (UNEP) in 1972, which serves as the leading global environmental authority, setting the global environmental agenda, promoting the coherent implementation of the environmental dimension of sustainable development within the United Nations system, and serving as an authoritative advocate for the global environment. Other agencies like UNDP, FAO, and WHO also contribute significantly. International Environmental Law: The UN facilitates the negotiation and adoption of numerous multilateral environmental agreements (MEAs) that form the backbone of international environmental law. Examples include the UN Framework Convention on Climate Change (UNFCCC) and its Paris Agreement, the Convention

Question 21

Define 'Nationality'. What are the modes of acquisition and loss of nationality? What is the position of nationality of married women?

Accepted Answer

1. Core Legal Answer & Context: Nationality is the legal bond between an individual and a state, which confers upon the individual the status of a citizen of that state and entails reciprocal rights and duties. It is the legal link that determines the state to which an individual owes allegiance and from which they are entitled to protection. Nationality is primarily a matter of domestic law, but international law sets certain limits and principles, particularly concerning statelessness and human rights. Modes of Acquisition of Nationality: 1. Jus Soli (Law of the Soil): Nationality acquired by birth within the territory of a state, regardless of the nationality of the parents. Common in countries like the United States and Canada. 2. Jus Sanguinis (Law of the Blood): Nationality acquired by descent from a national, regardless of the place of birth. Common in many European and Asian countries. 3. Naturalization: The process by which a state grants its nationality to a foreign national. This usually involves fulfilling certain conditions such as residence, language proficiency, good character, and an oath of allegiance. 4. Marriage: Historically, marriage to a national could automatically confer nationality or make it easier to acquire. Modern trends emphasize independent nationality. 5. Adoption: A child adopted by a national may acquire the nationality of the adoptive parent(s). 6. Cession or Annexation of Territory: When territory is transferred from one state to another, the inhabitants typically acquire the nationality of the acquiring state. Modes of Loss of Nationality: 1. Renunciation: A voluntary act by an individual to give up their nationality, often required when acquiring another nationality. 2. Deprivation/Denationalization: Involuntary loss of nationality imposed by the state, usually for reasons such as disloyalty, fraud in obtaining nationality, or service in a foreign military. International law limits arbitrary deprivation to prevent statelessness.

Question 22

Discuss the provisions relating to amendment and modification of treaties under the Vienna Convention on Law of Treaties, 1969.

Accepted Answer

1. Core Legal Answer & Context: The Vienna Convention on the Law of Treaties (VCLT) 1969 provides a comprehensive framework for the amendment and modification of treaties, balancing the need for treaties to adapt to changing circumstances with the fundamental principle of pacta sunt servanda (agreements must be kept) and the rights of all contracting parties. Amendment of Treaties (Articles 39 and 40 VCLT): Amendment refers to the formal alteration of a treaty's provisions, intended to apply to all parties to the original treaty. The VCLT sets out a general rule and specific procedures: General Rule (Article 39): A treaty may be amended by agreement between the parties. The rules laid down in Part II of the VCLT (on the conclusion and entry into force of treaties) apply to such an agreement. Procedure for Multilateral Treaties (Article 40): Notification: Any proposal to amend a multilateral treaty must be notified to all contracting states. Participation: Every contracting state has the right to participate in the decision on the action to be taken in regard to the proposal and in the negotiation and conclusion of any agreement for the amendment of the treaty. Binding Effect: An amending agreement does not bind any state already a party to the treaty which does not become a party to the amending agreement. This means that states that ratify the amendment are bound by the amended treaty, while states that do not ratify remain bound by the original, unamended treaty. New Parties: Any state which becomes a party to the treaty after the entry into force of an amending agreement shall, in the absence of an expression of a different intention by that state, be considered as a party to the treaty as amended, and a party to the unamended treaty in relation to any party to the original treaty not bound by the amending agreement. Modification of Treaties (Article 41 VCLT): Modification, also known as inter se agreement, refers to an agreement between two or more of the partie

Question 23

Explain the main provisions of the Treaty on the Prohibition of Nuclear Weapons, 2017. Do you think it can lead to complete elimination of nuclear weapons?

Accepted Answer

1. Core Legal Answer & Context: The Treaty on the Prohibition of Nuclear Weapons (TPNW), adopted in 2017, is a landmark international agreement that aims to achieve the complete elimination of nuclear weapons. It represents a significant normative shift by explicitly prohibiting a wide range of activities related to nuclear weapons, similar to prohibitions on chemical and biological weapons. Main Provisions of the TPNW: Comprehensive Prohibition (Article 1): The core of the treaty is a blanket prohibition on nuclear weapons. States Parties undertake never under any circumstances to: Develop, test, produce, manufacture, otherwise acquire, possess, or stockpile nuclear weapons or other nuclear explosive devices. Transfer to any recipient whatsoever nuclear weapons or other nuclear explosive devices or control over such weapons or explosive devices directly or indirectly. Receive the transfer of or control over nuclear weapons or other nuclear explosive devices directly or indirectly. Use or threaten to use nuclear weapons or other nuclear explosive devices. Assist, encourage, or induce, in any way, anyone to engage in any activity prohibited to a State Party under this Treaty. Seek or receive any assistance, in any way, from anyone to engage in any activity prohibited to a State Party under this Treaty. Allow any stationing, installation, or deployment of any nuclear weapons or other nuclear explosive devices on its territory or at any place under its jurisdiction or control. Verification and Disarmament (Articles 3 & 4): For states that possess nuclear weapons upon joining the treaty, it mandates a time-bound, legally binding framework for the verifiable and irreversible elimination of their nuclear weapons program. Non-nuclear-weapon states must maintain their existing non-proliferation safeguards. Victim Assistance and Environmental Remediation (Article 6): States Parties are obliged to provide assistance to individuals affected by the use or testing of nuclear wea

Question 24

Discuss the scope of right of asylum under International Law and explain 'territorial' and 'extra-territorial' asylum.

Accepted Answer

1. Core Legal Answer & Context: The right of asylum under international law refers to the protection granted by a state to individuals who have fled their home country due to persecution or fear of persecution. It is a fundamental human right, recognized in Article 14 of the Universal Declaration of Human Rights, which states that 'Everyone has the right to seek and to enjoy in other countries asylum from persecution.' The scope of asylum is primarily governed by the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, which define a 'refugee' and outline the obligations of states towards them, most notably the principle of non-refoulement (not returning a person to a place where they face persecution). Types of Asylum: 1. Territorial Asylum: Definition: This is the most common form of asylum, granted by a state within its own territory to a person seeking refuge. It involves allowing an individual to enter and reside in the asylum-granting state, providing them with legal protection and often certain rights and benefits. Basis: Primarily based on the 1951 Refugee Convention and its 1967 Protocol, which define a refugee as someone who 'owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country.' Key Principle: The principle of non-refoulement is central to territorial asylum, prohibiting states from expelling or returning a refugee 'in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion' (Article 33, 1951 Convention). Sovereignty: While states have a humanitarian obligation, the decision to grant asylum is ultimately an exercise of state sovereignty, subjec

Question 25

Elucidate the fundamental principles of International Humanitarian Law as envisaged under International Conventions.

Accepted Answer

1. Core Legal Answer & Context: International Humanitarian Law (IHL), also known as the law of armed conflict or the law of war, is a body of international law that seeks to limit the effects of armed conflict for humanitarian reasons. It protects persons who are not, or are no longer, participating in hostilities and restricts the means and methods of warfare. IHL applies only in situations of armed conflict and is distinct from, though complementary to, international human rights law. Its fundamental principles are largely codified in the Geneva Conventions and their Additional Protocols. Fundamental Principles of IHL: 1. Principle of Distinction: Concept: This is the cornerstone of IHL. It mandates that parties to an armed conflict must at all times distinguish between civilians and combatants, and between civilian objects and military objectives. Attacks may only be directed against combatants and military objectives. Civilians and civilian objects must not be attacked. Basis: Geneva Conventions (e.g., Article 3 common to all four Conventions), Additional Protocol I (Articles 48, 51, 52). 2. Principle of Prohibition of Unnecessary Suffering (or Superfluous Injury): Concept: This principle prohibits the use of weapons, projectiles, and material, and methods of warfare of a nature to cause superfluous injury or unnecessary suffering. It aims to prevent gratuitous harm beyond what is necessary to achieve a legitimate military objective. Basis: Hague Regulations (Article 23(e)), Additional Protocol I (Article 35(2)). Specific treaties prohibit certain weapons (e.g., chemical weapons, anti-personnel mines). 3. Principle of Proportionality: Concept: This principle dictates that even when attacking a legitimate military objective, the anticipated military advantage must not be outweighed by the incidental loss of civilian life, injury to civilians, or damage to civilian objects. Attacks that are expected to cause excessive civilian harm in relation to the concrete and

Question 26

The Dispute Settlement Body (DSB) of the World Trade Organisation (WTO) is playing an important role in maintaining the stability of the global economy. Comment.

Accepted Answer

1. Core Legal Answer & Context: The Dispute Settlement Body (DSB) of the World Trade Organization (WTO) is indeed a cornerstone of the multilateral trading system, playing a critical role in maintaining global economic stability. Its primary function is to administer the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), which provides a rules-based mechanism for resolving trade disputes between WTO members. By providing a forum for states to resolve their differences through legal means rather than unilateral action, the DSB helps to prevent trade wars, reduce uncertainty, and ensure that trade policies are consistent with WTO agreements. This predictability and adherence to agreed-upon rules foster investor confidence, facilitate international trade, and ultimately contribute to global economic stability. The DSB's ability to authorize retaliatory measures (sanctions) in cases of non-compliance provides a strong incentive for members to adhere to its rulings. 2. Relevant Statutes and Sections: - Marrakesh Agreement Establishing the World Trade Organization (1994). - Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Annex 2 of the WTO Agreement. 3. Important Landmark Cases: While not 'cases' in the traditional sense, the DSB's handling of complex and politically charged disputes illustrates its importance. For example, the US – Shrimp/Turtle case (DS58) demonstrated the DSB's capacity to balance trade rules with environmental concerns, while the EC – Bananas case (DS27) highlighted its role in addressing long-standing trade grievances. These cases, among many others, underscore the DSB's function in interpreting and enforcing WTO law, thereby providing clarity and stability to the global trading environment. 4. Clear Conclusion: Despite facing significant challenges, particularly the paralysis of its Appellate Body due to a lack of appointments, the DSB remains an indispensable institution. Its existenc

Question 27

Define 'high seas'. Discuss in brief the provisions of the convention on high seas. Is freedom of fishing on high seas recognized?

Accepted Answer

1. Core Legal Answer & Context: 'High seas' are defined under Article 86 of the United Nations Convention on the Law of the Sea (UNCLOS) 1982 as all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. They are considered res communis omnium, meaning common heritage of mankind, open to all states, whether coastal or land-locked. The high seas are characterized by the principle of freedom, encompassing freedoms of navigation, overflight, laying submarine cables and pipelines, constructing artificial islands and other installations, fishing, and scientific research (Article 87). 2. Relevant Statutes and Sections: - United Nations Convention on the Law of the Sea (UNCLOS) 1982, Part VII (Articles 86-120). - Convention on the High Seas 1958 (precursor to UNCLOS). 3. Important Landmark Cases: While not a judicial case, the Southern Bluefin Tuna Cases (Australia and New Zealand v. Japan, 1999) before an arbitral tribunal under UNCLOS, highlighted the obligations of states to cooperate in the conservation and management of highly migratory species on the high seas, even in the absence of a specific regional fisheries management organization. This underscores that freedoms on the high seas are not absolute and are coupled with duties. 4. Clear Conclusion: Yes, freedom of fishing on the high seas is recognized under international law, specifically UNCLOS Article 87(1)(e). However, this freedom is not absolute. States exercising this freedom have a duty to cooperate with other states in the conservation and management of living resources on the high seas (Article 118) and to take measures for the conservation of their nationals' living resources (Article 117). This means fishing must be conducted sustainably and in accordance with international conservation measures, often through regional fisheries management organizations (RFMOs), to prevent

Question 28

Enumerate the various methods of Peaceful Settlement of International disputes. Elaborate on judicial settlement.

Accepted Answer

1. Core Legal Answer & Context: International law provides several methods for the peaceful settlement of disputes, as enshrined in Article 33 of the UN Charter. These methods aim to resolve conflicts without resorting to force and can be broadly categorized into diplomatic and legal means. Methods of Peaceful Settlement: 1. Negotiation: Direct discussions between the disputing parties. 2. Good Offices: A third party (state, individual, or organization) facilitates communication but does not participate in the substance of the negotiations. 3. Mediation: A third party actively participates in negotiations, offering proposals and suggesting terms of settlement. 4. Conciliation: A third party (a commission or individual) investigates the facts and proposes a non-binding settlement. 5. Inquiry (Fact-Finding): A commission investigates and establishes the facts of a dispute, without making recommendations for settlement. 6. Arbitration: Disputing parties agree to submit their case to an impartial tribunal, whose decision (award) is legally binding. 7. Judicial Settlement: Disputing parties refer their case to a permanent international court, whose decision is legally binding. Elaboration on Judicial Settlement: Judicial settlement involves the referral of a dispute to a standing international court or tribunal, such as the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), or the International Criminal Court (ICC). Key characteristics include: Permanent Institution: Unlike arbitration, which involves ad hoc tribunals, judicial settlement utilizes pre-existing courts with established rules and procedures. Binding Decisions: The judgments or advisory opinions issued by these courts are legally binding on the parties to the dispute, provided the court has jurisdiction. Based on Law: Decisions are rendered based on international law (treaties, customary international law, general principles of law, judicial decisions, and schola

Law Optional 2017 Paper I

28 Questions Available

Law Optional 2017 Paper I

28 Questions Available

Question 1: Explain the phenomenon of tribunalisation of justice in India.

Question 2: Briefly explain the grounds on which administrative actions can be subjected to judicial review.

Question 3: What is the position of the Governor in a State? Examine the Pardoning Powers of the Governor under the Constitution. Is Pardoning Power, subject to j

Question 4: In view of the importance of Panchayat Raj institution in local governance, do you think the idea of prescribing educational qualification to contest

Question 5: Explain the significance of the rule of 'AUDI ALTERAM PARTEM' in administrative decision making and state the circumstances under which 'post decision

Question 6: Evaluate the constitutional provisions relating to administrative relation between the Union and the State with special emphasis on inter-governmental

Question 7: Is 'Secularism' an essential feature of the Constitution of India? Explain in the light of decided case laws.

Question 8: Elucidate the scope of the appellate jurisdiction of the Supreme Court of India under the constitution with regard to Criminal matters.

Question 9: Discuss the importance of 'Right to life and personal liberty' with reference to recent case laws.

Question 10: Discuss the law relating to the powers of Parliament and State Legislatures to punish a person for breach of their privileges.

Question 11: Discuss the circumstances under which 'Financial Emergency' can be proclaimed by the President of India and effects thereof.

Question 12: Do you think the current trends in judicial activism in India are inconsistent with the Principles of Separation of Powers, which is considered to be

Question 13: Examine the powers and role of Election Commission of India in conducting free and fair election.

Question 14: Do you think the institution of Lokpal, as envisaged under the Lokpal and Lokayukta Act, 2013, is efficacious enough to curb corruption in India? Stat

Question 15: What are the theories relating to relationship between International Law and Municipal Law? Elaborate.

Question 16: What are the factors that govern the recognition of insurgency and belligerency?

Question 17: Does the International Court of Justice (ICJ) have the competence to determine its own jurisdiction? Discuss with case law.

Question 18: Define 'hijacking' and discuss the main provisions of the Hague Convention, 1970.

Question 19: Comment on the provisions relating to prohibition of use of force and exceptions thereto under the U. N. Charter, 1945.

Question 20: What do you mean by 'human environment'? Discuss the role of United Nations Organisation (UNO) in protecting and improving the human environment.

Question 21: Define 'Nationality'. What are the modes of acquisition and loss of nationality? What is the position of nationality of married women?

Question 22: Discuss the provisions relating to amendment and modification of treaties under the Vienna Convention on Law of Treaties, 1969.

Question 23: Explain the main provisions of the Treaty on the Prohibition of Nuclear Weapons, 2017. Do you think it can lead to complete elimination of nuclear wea

Question 24: Discuss the scope of right of asylum under International Law and explain 'territorial' and 'extra-territorial' asylum.

Question 25: Elucidate the fundamental principles of International Humanitarian Law as envisaged under International Conventions.

Question 26: The Dispute Settlement Body (DSB) of the World Trade Organisation (WTO) is playing an important role in maintaining the stability of the global econom

Question 27: Define 'high seas'. Discuss in brief the provisions of the convention on high seas. Is freedom of fishing on high seas recognized?

Question 28: Enumerate the various methods of Peaceful Settlement of International disputes. Elaborate on judicial settlement.