Question 1

What do you understand by the terms 'cooperative federalism' and 'competitive federalism'? Do you agree with the view that the Indian Constitution is based on the concept of 'competitive federalism' and not on the concept of 'cooperative federalism'?

Accepted Answer

1. Core Legal Answer & Context: Cooperative federalism is a concept where the central and state governments collaborate, negotiate, and share responsibilities to achieve common goals, fostering mutual trust and support. It emphasizes interdependence and joint action. Competitive federalism, conversely, involves states competing with each other for resources, investments, and better policies, often leading to a 'race to the top' in terms of governance and economic development. This competition can be healthy, driving efficiency and innovation, but can also exacerbate regional disparities. The Indian Constitution is fundamentally designed on the principles of cooperative federalism. The distribution of legislative, administrative, and financial powers (Articles 245-281) allows for both central dominance and state autonomy, but with an overarching spirit of cooperation. Institutions like the Inter-State Council (Article 263) and NITI Aayog (formerly Planning Commission) are prime examples of cooperative mechanisms. However, in recent decades, elements of competitive federalism have emerged, particularly in economic policies where states vie for foreign direct investment, industrial projects, and better rankings in ease of doing business. While competition exists, it operates within the cooperative framework, rather than replacing it. The foundational structure and spirit of the Indian Constitution remain cooperative, with competitive aspects serving as a dynamic layer. 2. Relevant Statutes and Sections: Articles 245-255: Legislative relations between Union and States. Articles 256-263: Administrative relations, including the Inter-State Council (Article 263). Articles 268-281: Financial relations, including the Finance Commission (Article 280). Seventh Schedule: Distribution of legislative subjects (Union List, State List, Concurrent List) which necessitates cooperation. 3. Important Landmark Cases: S.R. Bommai v. Union of India (1994): The Supreme Court held that fede

Question 2

Administrative powers/actions are not always in conflict with the 'rule of law' principle. Discuss with illustration.

Accepted Answer

1. Core Legal Answer & Context: The 'Rule of Law' is a fundamental principle of good governance, implying that all persons, including those in authority, are subject to and accountable to law. Its core tenets include the supremacy of law, equality before the law, accountability to law, fairness, and the absence of arbitrary power. Administrative powers, by their very nature, involve discretion. The statement that administrative actions are not always in conflict with the rule of law is accurate; in fact, they are essential for the functioning of a modern state. Conflict arises only when administrative actions are arbitrary, ultra vires (beyond legal authority), mala fide (in bad faith), or violate principles of natural justice. When administrative powers are exercised within the bounds of the law, for the purpose for which they were granted, reasonably, and with due regard for fairness and natural justice, they uphold the rule of law. For instance, a licensing authority granting a permit to a qualified applicant based on established criteria and transparent procedures exemplifies administrative action consistent with the rule of law. Conversely, if the same authority denies a permit arbitrarily or based on personal bias, it conflicts with the rule of law. The essence is that discretion must be guided by law, not by whim or caprice. 2. Relevant Statutes and Sections: Article 14: Guarantees equality before the law and equal protection of the laws, prohibiting arbitrary state action. Article 21: Protects life and personal liberty, ensuring that any procedure established by law must be fair, just, and reasonable. Administrative Law Principles: Judicial review, proportionality, legitimate expectation, and principles of natural justice are all mechanisms to ensure administrative actions conform to the rule of law. 3. Important Landmark Cases: E.P. Royappa v. State of Tamil Nadu (1974): The Supreme Court held that arbitrariness is the antithesis of equality guaranteed by A

Question 3

Critically evaluate the changing dimensions of the concept of 'State' under Article 12 of the Constitution of India.

Accepted Answer

1. Core Legal Answer & Context: Article 12 of the Indian Constitution defines 'the State' for the purpose of Part III (Fundamental Rights). It states: "In this Part, unless the context otherwise requires, 'the State' includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India." The interpretation of 'other authorities' has been dynamic and expansive, reflecting the judiciary's commitment to making fundamental rights enforceable against a wider range of entities. Initially, courts adopted a narrow interpretation, applying the ejusdem generis rule, meaning 'other authorities' must be similar in nature to governmental or legislative bodies. However, this approach proved inadequate as government functions expanded through corporations and autonomous bodies. The judiciary progressively broadened the definition to include any instrumentality or agency of the government, even if not directly a department. This expansion was crucial to prevent the government from evading fundamental rights obligations by operating through corporate veils. The 'deep and pervasive control' test became central, examining financial, functional, and administrative control by the government. This ensures that entities performing public functions or acting as extensions of the government are accountable for upholding fundamental rights. 2. Relevant Statutes and Sections: Article 12 of the Constitution of India: Defines 'the State' for the purpose of Part III (Fundamental Rights). 3. Important Landmark Cases: University of Madras v. Santa Bai (1954): Initially, the Madras High Court applied the ejusdem generis rule, holding that 'other authorities' must perform governmental or sovereign functions. Rajasthan State Electricity Board v. Mohan Lal (1967): The Supreme Court rejected the ejusdem generis rule, holding that 'other authorities' wou

Question 4

"Natural justice is not a made to order formula which has to be fitted to all situations with an iron-bound uniformity." Comment. Refer to case laws.

Accepted Answer

1. Core Legal Answer & Context: The statement accurately captures the essence of natural justice. Natural justice comprises fundamental principles of fairness, primarily audi alteram partem (hear the other side) and nemo judex in causa sua (no one should be a judge in their own cause). However, these are not rigid, immutable rules but flexible concepts whose application varies depending on the context, the nature of the inquiry, the subject matter, the rights affected, and the statutory provisions governing the action. The degree of fairness required in a particular situation is not uniform; it is 'context-dependent' and 'situation-specific'. For instance, a full-fledged oral hearing with cross-examination might be necessary in a disciplinary proceeding involving severe penalties, but a mere opportunity to submit a written representation might suffice in a routine administrative decision. The objective is to ensure a fair hearing and an unbiased decision, not to impose unnecessary procedural burdens that could impede efficient administration. There are also recognized exceptions where natural justice principles might be excluded or modified, such as in cases of urgency, public interest, national security, or where it is impractical to apply them fully. The courts have consistently held that the principles of natural justice are meant to supplement, not supplant, statutory provisions. 2. Relevant Statutes and Sections: While not codified in a single statute, principles of natural justice are implicitly embedded in Articles 14 (equality before law) and 21 (procedure established by law must be fair, just, and reasonable) of the Constitution. They are also fundamental to administrative law. 3. Important Landmark Cases: A.K. Kraipak v. Union of India (1969): This landmark case established that principles of natural justice apply to administrative actions as well, not just quasi-judicial ones. The Court emphasized that the content and application of natural justice vary w

Question 5

"With the adoption of Parliamentary form of government, the vesting clause under Article 53(1) remains to a great extent meaningless, as real executive power lies in the Ministry." Critically examine the above statement in the context of the status and position of the President of India under the In

Accepted Answer

1. Core Legal Answer & Context: Article 53(1) states: "The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution." In India's parliamentary system, the President is the constitutional or titular head (de jure executive), while the Council of Ministers, headed by the Prime Minister, is the real or effective executive (de facto executive). The statement suggests that Article 53(1) is 'meaningless' because real power resides with the Ministry. Critically examining this, while the President acts on the 'aid and advice' of the Council of Ministers (Article 74(1)), Article 53(1) is far from meaningless. It establishes the President as the supreme constitutional authority, symbolizing the unity and integrity of the nation. The President performs crucial functions: appointing the Prime Minister and other ministers, assenting to bills to make them law, acting as the Supreme Commander of the Armed Forces, and exercising emergency powers. The President also serves as a constitutional check, having the power to seek information from the Council of Ministers, send back advice for reconsideration (though bound by reconsidered advice), and act as a guardian of the Constitution. The President's moral authority and role as a constitutional conscience keeper are significant, ensuring that the government acts within constitutional bounds. Thus, Article 53(1) vests the formal authority, which is then exercised by the real executive in the President's name, maintaining constitutional propriety and stability. 2. Consequences if the President does not accept the advice of the Prime Minister: If the President refuses to accept the advice of the Prime Minister and the Council of Ministers, it would lead to a severe constitutional crisis with profound consequences: Violation of Constitutional Mandate: Article 74(1), as amended by the 42nd and 44th Amendments, expl

Question 6

Discuss the constitutionality of delegated legislation. What are the limits of delegated legislation? Explain.

Accepted Answer

1. Core Legal Answer & Context: Delegated legislation, also known as subordinate legislation, refers to laws made by an authority other than the legislature, under the power conferred by an Act of Parliament or a State Legislature. In India, the constitutionality of delegated legislation is a complex issue, as the Constitution does not explicitly provide for it. However, it is widely accepted as a practical necessity in modern governance due to several factors: the increasing volume and complexity of legislation, the need for flexibility and quick adaptation to changing circumstances, and the technical nature of many subjects requiring expert input. The judiciary has upheld its constitutionality, provided it adheres to certain well-defined limits. The constitutional basis for delegated legislation is derived from the legislative powers of Parliament and State Legislatures (Articles 245 and 246). The principle is that the legislature, being the primary law-making body, can delegate its ancillary or subordinate functions to the executive or other bodies, but it cannot abdicate its 'essential legislative function'. The essential legislative function involves determining the legislative policy and enacting it into a binding rule of conduct. Once the policy is laid down, the legislature can delegate the power to fill in the details or make rules and regulations to implement that policy. Limits of Delegated Legislation: The constitutionality of delegated legislation is maintained by imposing strict limits on the delegating authority and the delegate. These limits ensure that the delegated power is not exercised arbitrarily or in a manner that undermines the supremacy of the legislature or the Constitution. The limits can be broadly categorized as: a. Constitutional Limits (Substantive Ultra Vires): Essential Legislative Function: The legislature cannot delegate its essential legislative function, which includes determining the legislative policy. It must lay down the poli

Question 7

Examine the concept of social justice as envisaged in the Constitution, more particularly in Chapter IV of the Constitution and under Article 14 of the Constitution.

Accepted Answer

1. Core Legal Answer & Context: Social justice is a foundational pillar of the Indian Constitution, aiming to create an egalitarian society by eliminating socio-economic disparities and ensuring a dignified life for all citizens. It is not merely a philosophical ideal but a constitutional mandate that permeates the Preamble, Fundamental Rights (Part III), and Directive Principles of State Policy (Part IV). The concept seeks to balance individual liberty with collective welfare, ensuring that the benefits of development reach the most vulnerable sections of society. Chapter IV (Directive Principles of State Policy - Articles 36-51) explicitly outlines the socio-economic goals of the state, serving as a moral compass for governance. These principles, though not directly enforceable, are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. They include directives for securing a social order for the promotion of welfare of the people (Article 38), securing adequate means of livelihood, equitable distribution of material resources, equal pay for equal work, protection of workers' health, and opportunities for children's healthy development (Article 39). Other articles promote education, public assistance, living wage, and upliftment of weaker sections. Article 14, enshrined in Part III (Fundamental Rights), guarantees 'equality before the law' and 'equal protection of the laws'. While seemingly a negative right preventing discrimination, it has been interpreted dynamically by the judiciary to include positive obligations on the state to achieve substantive equality. This involves not just treating equals equally, but also treating unequals unequally to bring them to a level playing field, thereby serving the cause of social justice. This allows for reasonable classification and affirmative action (reservations) to address historical disadvantages and promote social justice. 2. Relevant Statutes and S

Question 8

What are the major challenges in the functioning of local bodies in India? Does it talk about success story or something else?

Accepted Answer

1. Core Legal Answer & Context: Local self-governance in India, primarily through Panchayati Raj Institutions (PRIs) in rural areas and Municipalities in urban areas, was constitutionalized by the 73rd and 74th Constitutional Amendment Acts of 1992. These amendments were landmark steps towards democratic decentralization, aiming to empower local communities and ensure grassroots participation in planning and development. While they represent a significant success in institutionalizing local democracy, their actual functioning is plagued by numerous challenges, making it a story of partial success with substantial room for improvement. Major Challenges in the Functioning of Local Bodies: Inadequate Financial Resources: This is perhaps the most critical challenge. Local bodies often lack sufficient funds to carry out their mandated functions. They are heavily dependent on grants from state governments, which are often irregular, insufficient, and tied to specific schemes, limiting their autonomy. Their own revenue-generating powers (e.g., property tax, user charges) are often limited or poorly utilized due to political unwillingness or administrative inefficiencies. Lack of Functional Autonomy and Devolution of Powers: Despite the constitutional mandate, state governments have been reluctant to fully devolve powers, functions, and functionaries to local bodies. Many subjects listed in the Eleventh and Twelfth Schedules remain under the effective control of state departments, leading to a 'top-down' approach rather than genuine decentralization. Capacity Deficiencies: Local bodies often suffer from a severe shortage of trained personnel, technical expertise, and administrative capacity. Elected representatives may lack the necessary skills for planning, budgeting, and project implementation, while administrative staff may be inadequate or on deputation from state services, leading to a lack of accountability to the local body. Political Interference and Bureaucratic Co

Question 9

What would be the best way or method for the appointment of judges in High Courts and the Supreme Court in India? Give your views and support your views with reasons.

Accepted Answer

1. Core Legal Answer & Context: The appointment of judges to the High Courts and the Supreme Court in India has been a subject of continuous debate and judicial evolution, primarily revolving around the balance between judicial independence, accountability, and transparency. Currently, the 'Collegium System' is in place, where judges appoint judges. This system evolved through a series of Supreme Court judgments, shifting the primacy from the executive to the judiciary. My view is that the 'best way' for judicial appointments would be a reformed Collegium System, incorporating elements of transparency, defined criteria, and perhaps a limited, non-judicial consultative role, while unequivocally preserving judicial primacy to safeguard independence. The current Collegium, while ensuring independence, faces criticism for its opaqueness, lack of defined selection criteria, and potential for nepotism or favoritism. An ideal system must address these concerns without compromising the judiciary's autonomy. Reasons for this view: Preservation of Judicial Independence: The primary argument for judicial primacy in appointments is to insulate the judiciary from executive influence, which is vital for its role as a check on governmental power and a protector of fundamental rights. A system where the executive has the final say could lead to appointments based on political considerations rather than merit. Expertise in Judicial Assessment: Judges are best placed to assess the legal acumen, temperament, integrity, and judicial potential of candidates, having worked alongside them or observed their performance. This internal assessment is crucial for maintaining the quality of the bench. Enhanced Transparency: The current Collegium's lack of transparency is its biggest drawback. A reformed system should publish the criteria for selection, reasons for selection/rejection, and minutes of Collegium meetings (with appropriate redactions for privacy). This would build public trust and

Question 10

What are the constitutional safeguards available to a civil servant against dismissal, removal or reduction in rank of services ? Are these rights also available to an employee of a public corporation ? Discuss with reference to statutory provisions and case law.

Accepted Answer

1. Core Legal Answer & Context: Civil servants in India are afforded specific constitutional safeguards against arbitrary dismissal, removal, or reduction in rank, primarily enshrined in Article 311 of the Constitution. These protections are a crucial qualification to the 'doctrine of pleasure' (Article 310), which states that civil servants hold office during the pleasure of the President or the Governor. The safeguards ensure procedural fairness and prevent politically motivated or capricious actions against government employees, thereby promoting stability and impartiality in public administration. Article 311 mandates two key protections: (a) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed. (b) No such person shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. This includes an opportunity to make a representation on the penalty proposed. However, Article 311(2) also provides for three exceptions where such an inquiry is not necessary: (i) where a person is dismissed, removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; (ii) where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; and (iii) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry. Regarding employees of public corporations, the constitutional safeguards under Article 311 are generally not directly available. Public corporations

Question 11

Is the Governor's post dependent on the pleasure of the President ? Discuss. What exactly constitutes the 'discretion' of the Governor while exercising numerous powers ? Explain with reference to statutory provisions and relevant case law.

Accepted Answer

1. Core Legal Answer & Context: Yes, the Governor's post is indeed dependent on the 'pleasure of the President' as explicitly stated in Article 156(1) of the Indian Constitution. This provision signifies that the Governor does not have a fixed tenure and can be removed by the President at any time, without assigning any reason. This makes the Governor an agent of the Centre, raising significant questions about federalism and the Governor's impartiality, especially when the state government is led by a different political party than the one at the Centre. While the Governor is the constitutional head of the state, analogous to the President at the Centre, their role is unique due to this 'pleasure doctrine' and certain discretionary powers. The Governor is expected to act on the 'aid and advice' of the Council of Ministers of the state (Article 163(1)), except in matters where the Constitution requires them to act in their 'discretion'. What constitutes the 'discretion' of the Governor? Article 163(1) states that there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion. Article 163(2) further clarifies that if any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion. This discretionary power is not absolute or arbitrary but is circumscribed by constitutional provisions and conventions. It is exercised in specific, exceptional circumstances where the Governor cannot rely on the advice of the state Council of Ministers, often to uphold the Constitution

Question 12

Under what circumstances, does a third party, apart from concerned parties, have locus standi to move writ petitions before the High Court or the Supreme Court in India? Also point out the limitations of such petitions.

Accepted Answer

1. Core Legal Answer & Context: Traditionally, the principle of 'locus standi' required that only a person whose legal rights were directly infringed or who suffered a direct injury could approach the courts for redress. However, the Indian judiciary, particularly the Supreme Court, liberalized this rule through the innovation of Public Interest Litigation (PIL). A third party, apart from the directly concerned parties, can acquire locus standi to move writ petitions before the High Court (under Article 226) or the Supreme Court (under Article 32) under specific circumstances, primarily when acting in the public interest. This is typically allowed when: Violation of Fundamental Rights of Disadvantaged Groups: The petition is filed on behalf of a person or a determinate class of persons who, by reason of poverty, disability, illiteracy, or socially/economically disadvantaged position, are unable to approach the court themselves to seek justice for the violation of their fundamental or legal rights. Public Wrong or Injury: The petition seeks to remedy a public wrong or injury, or to enforce a public duty, where the traditional adversarial system might not be effective. Bona Fide Public Interest: The petitioner is a public-spirited individual or organization acting bona fide and not for personal gain, private motive, or political vendetta. 2. Relevant Statutes and Sections: Article 32 of the Constitution of India: Guarantees the right to move the Supreme Court for the enforcement of fundamental rights and empowers the Supreme Court to issue writs for this purpose. Article 226 of the Constitution of India: Empowers High Courts to issue writs for the enforcement of fundamental rights and for 'any other purpose,' giving them a broader jurisdiction than the Supreme Court in this regard. 3. Important Landmark Cases: S.P. Gupta v. Union of India (1981) (also known as the Judges' Transfer Case): This case is a landmark in the evolution of PIL. The Supreme Court held that any

Question 13

The liberty of the press implicit in the freedom of speech stands on no higher footing than the freedom of speech and expression of a citizen, and no privilege is attached to the press as such distinct from the ordinary citizen." Explain this statement and also distinguish the term 'freedom of speec

Accepted Answer

1. Core Legal Answer & Context: This statement encapsulates a fundamental principle of Indian constitutional law: the freedom of the press is not a distinct, superior right but is an integral part of the broader fundamental right to freedom of speech and expression guaranteed to all citizens under Article 19(1)(a) of the Constitution. Consequently, the press enjoys no special privileges or immunities beyond those available to an ordinary citizen. This ensures equality before the law and prevents the creation of a privileged class. The underlying rationale is that the press acts as a medium for citizens to exercise their right to express and disseminate information and ideas. Therefore, any restriction applicable to a citizen's freedom of speech and expression would equally apply to the press. Distinction between 'freedom of speech and expression' and 'speech and expression': 'Speech and expression' refers to the act of communicating thoughts, ideas, opinions, or information, whether orally, in writing, through gestures, or any other medium. It is the raw act of articulation. 'Freedom of speech and expression,' on the other hand, is the constitutional right that protects this act from state interference. It implies the liberty to speak, write, publish, and disseminate information without prior restraint or fear of reprisal from the state, subject only to reasonable restrictions prescribed by law. The 'freedom' aspect is crucial, as it elevates the mere act of speech and expression to a fundamental right, ensuring its protection and promotion in a democratic society. It encompasses not just the right to express one's views but also the right to propagate them, the right to circulate, and the right to receive information. 2. Relevant Statutes and Sections: Article 19(1)(a) of the Constitution of India: Guarantees to all citizens the right to freedom of speech and expression. Article 19(2) of the Constitution of India: Lays down the grounds on which reasonable restricti

Question 14

Imposition of Emergency in a State under Article 356 has always been a matter of controversy." In this backdrop, explain the consequences of proclamation of Emergency in a State.

Accepted Answer

1. Core Legal Answer & Context: Article 356 of the Indian Constitution, commonly known as 'President's Rule,' empowers the President to proclaim an emergency in a State if he is satisfied, based on a report from the Governor or otherwise, that a situation has arisen where the government of the State cannot be carried on in accordance with the provisions of the Constitution. This power has been highly controversial due to its frequent and sometimes arbitrary use by the Union government, often perceived as a tool to dismiss State governments led by opposition parties. The consequences of such a proclamation are profound, leading to a temporary suspension of the State's democratic and federal structure and a significant centralization of power. 2. Relevant Statutes and Sections: Article 356 of the Constitution of India: Provides for the imposition of President's Rule in a State due to the failure of constitutional machinery. Article 357 of the Constitution of India: Deals with the exercise of legislative powers under a proclamation issued under Article 356. It states that the powers of the State Legislature shall be exercisable by or under the authority of Parliament. Article 355 of the Constitution of India: Imposes a duty on the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of the Constitution. 3. Important Landmark Cases: S.R. Bommai v. Union of India (1994): This landmark judgment significantly curtailed the arbitrary use of Article 356. The Supreme Court held that the proclamation of President's Rule is subject to judicial review and that the President's satisfaction must be based on relevant and objective material. It also ruled that the dissolution of the State Legislative Assembly should only occur after parliamentary approval of the proclamation, allowing the Assembly to be revived if Parliament disapproves. 4. Clear Conclusion:

Question 15

(d) Define 'International Treaty' and explain the growing importance of treaties in Modern International Law. Can a multilateral treaty be terminated? If so, on what grounds? Explain.

Accepted Answer

1. Core Legal Answer & Context: An International Treaty is a formal, written agreement concluded between subjects of international law (primarily states, but also international organizations) that creates legal obligations and is governed by international law. Article 2(1)(a) of the Vienna Convention on the Law of Treaties (VCLT) defines a treaty as "an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation." Key characteristics include: it is an agreement, between international legal persons, in written form, and intended to create legal rights and obligations under international law. Growing Importance of Treaties in Modern International Law: Treaties have become the cornerstone of modern international law due to several factors: Specificity and Clarity: Unlike customary international law, which can be ambiguous, treaties provide clear, written, and precise obligations, reducing uncertainty and facilitating predictable international relations. Codification of Customary Law: Treaties often codify existing customary international law, transforming unwritten practices into formal, accessible legal texts (e.g., the VCLT itself codified much of the customary law of treaties). Creation of New Law: Treaties are the primary means for states to create new international law in response to emerging global challenges and evolving international relations (e.g., climate change agreements, cybercrime conventions, space law treaties). Multilateralism and Cooperation: Multilateral treaties enable broad international cooperation on issues requiring collective action, such as human rights, environmental protection, disarmament, and international trade. They establish common standards and frameworks for global governance. Institutional Frameworks: Many international organizations and regimes (e.g., the United Nations, World

Question 16

(c) It is generally viewed that "Rights and Duties are correlative". However, the International Human Rights Movement has developed more as rights-oriented than duties-oriented. Why has this happened? Explain with the help of various International Human Rights instruments. Can you think of a 'Human

Accepted Answer

1. Core Legal Answer & Context: The philosophical and legal principle of correlativity posits that a right held by one entity implies a corresponding duty on another. For instance, an individual's right to life imposes a duty on others not to unlawfully take that life and a duty on the state to protect it. While this correlativity is generally accepted, the international human rights movement has indeed developed with a predominant focus on rights rather than duties. Why the Rights-Oriented Development? This rights-centric approach is largely a product of historical context and philosophical underpinnings: Post-WWII Reaction: The human rights movement emerged strongly after the atrocities of World War II, particularly the Holocaust. The primary concern was to protect individuals from the abuses of powerful states and to establish minimum standards of treatment that states must uphold. The focus was on what individuals are entitled to, and what states must not do (negative obligations) or must do (positive obligations) to ensure these entitlements. Individual Liberty and Dignity: Rooted in Enlightenment philosophy, the movement emphasized the inherent dignity and inalienable rights of every individual. The goal was to empower individuals and provide them with legal recourse against state overreach. State Accountability: Framing the discourse in terms of rights makes states directly accountable for their actions and omissions. It provides a clear benchmark against which state conduct can be measured. Practicality: It is often easier to define and advocate for specific rights (e.g., freedom of speech, right to education) that are universally recognized as fundamental, rather than to universally agree on a comprehensive set of individual duties beyond basic legal compliance. International Human Rights Instruments and their Rights-Orientation: Universal Declaration of Human Rights (UDHR), 1948: While its Preamble speaks of duties to the community (Article 29(1)), the vas

Question 17

(b) "Where Extradition begins Asylum ends." Critically examine the above statement with special reference to extraditable persons and extradition crimes.

Accepted Answer

1. Core Legal Answer & Context: The statement "Where Extradition begins Asylum ends" suggests a clear, often inverse, relationship between the two concepts: if a person is subject to extradition, their claim for asylum is automatically negated. While there is an inherent tension, this statement is an oversimplification and does not fully capture the complex interplay and legal safeguards involved in modern international law. Extradition is the formal process by which one state surrenders an individual to another state for prosecution or punishment for a crime committed in the requesting state. It is typically governed by bilateral treaties or domestic legislation and aims to ensure that serious criminals do not escape justice by crossing borders. Key elements include: Extraditable Persons: Generally, individuals accused or convicted of serious common crimes. Exclusions often apply to political offenses, military offenses, or fiscal offenses, though the definition of 'political offense' has narrowed, especially concerning terrorism. Extradition Crimes: The principle of 'dual criminality' is fundamental, meaning the offense must be a crime in both the requesting and requested states. There is usually a minimum gravity requirement (e.g., punishable by a certain minimum prison sentence). Asylum is the protection granted by a state to a person fleeing persecution or serious harm in their home country. It is a sovereign right of states to grant asylum and a human right of individuals to seek it. The cornerstone of asylum law is the principle of non-refoulement, which prohibits states from returning individuals to a country where they would face a real risk of persecution, torture, or other cruel, inhuman, or degrading treatment or punishment. Critical Examination of the Statement: The statement is problematic because it overlooks the crucial role of human rights in modern extradition and asylum law. While a state might seek to extradite an individual for a serious crime,

Question 18

(a) Explain the distinctions between traditional and modern definitions of international law. Critically examine the growing scope and importance of international law in the present context.

Accepted Answer

1. Core Legal Answer & Context: Traditional international law, often associated with the Westphalian system, primarily viewed sovereign states as the sole subjects of international law. Its scope was largely confined to regulating inter-state relations, focusing on issues of peace, war, diplomacy, and state responsibility. Sources were predominantly customary international law and bilateral treaties between states, reflecting a positivist approach where state consent was paramount. The emphasis was on state sovereignty and non-intervention. Modern international law, however, has undergone a significant transformation. Its definition has expanded to include not only states but also international organizations, individuals, and, to some extent, non-state actors (like NGOs and multinational corporations) as subjects. The scope has broadened dramatically to encompass a vast array of issues beyond traditional state-centric concerns, including human rights, international criminal law, environmental law, international economic law, humanitarian law, and cyber law. This evolution reflects a shift from a purely permissive system (what is not forbidden is permitted) to one that increasingly recognizes universal values and community interests, such as jus cogens (peremptory norms) and erga omnes obligations (obligations owed to the international community as a whole). The growing scope and importance of international law in the present context are undeniable. Globalization has fostered unprecedented interconnectedness, making purely domestic issues increasingly rare. Global challenges like climate change, pandemics, terrorism, and economic crises necessitate international cooperation and a common legal framework. International law provides the essential rules and institutions for states to manage these complex interdependencies, resolve disputes peacefully, and establish shared norms of conduct. It underpins the functioning of international organizations, facilitates global tr

Question 19

(e) Do you agree with the statement that "the Globalization is a necessary evil"? Critically examine the implications of the reform process undertaken by the IMF and IBRD by way of structural adjustment programmes and policies on developing countries, with special reference to India.

Accepted Answer

1. Core Legal Answer & Context: The statement that "Globalization is a necessary evil" encapsulates a complex debate regarding its benefits and drawbacks, particularly concerning the reform processes initiated by the International Monetary Fund (IMF) and the International Bank for Reconstruction and Development (IBRD, commonly known as the World Bank). Globalization, broadly, refers to the increasing interconnectedness of economies, cultures, and populations worldwide, driven by cross-border trade, investment, technology, and information flows. While it has fostered economic growth, technological diffusion, and cultural exchange, it has also been criticized for exacerbating inequalities, eroding national sovereignty, and creating vulnerabilities. The IMF and IBRD, established at Bretton Woods, play crucial roles in the global financial architecture. The IMF focuses on international monetary cooperation, financial stability, and balance of payments issues, while the IBRD aims at poverty reduction and development. During the 1980s and 1990s, these institutions heavily promoted Structural Adjustment Programs (SAPs) in developing countries facing economic crises. SAPs typically involved a package of policy reforms, including fiscal austerity (reduced government spending, subsidy cuts), privatization of state-owned enterprises, trade liberalization (reduced tariffs, removal of import quotas), deregulation, and currency devaluation. Implications for Developing Countries (with reference to India): Economic Growth and Liberalization: SAPs often led to increased foreign investment and integration into the global economy, potentially boosting economic growth. India, for instance, embarked on significant economic reforms in 1991, partly influenced by a balance of payments crisis and IMF conditionalities. These reforms liberalized its economy, leading to higher growth rates and integration into global supply chains. Fiscal Austerity and Social Impact: Cuts in public spending on

Question 20

Q6. (a) "Continental Shelf was regarded as the natural prolongation of the land mass of the coastal state." Critically examine the Delimitation of the Continental Shelf with the help of relevant case law of the International Court of Justice (ICJ).

Accepted Answer

1. Core Legal Answer & Context: The concept of the continental shelf as the "natural prolongation of the land mass of the coastal state" is a foundational principle in international law governing maritime zones. This doctrine posits that a coastal state's sovereignty extends beyond its territorial sea to the seabed and subsoil of the submarine areas that constitute the natural prolongation of its land territory, up to the outer edge of the continental margin, or to a distance of 200 nautical miles where the continental margin does not extend so far. This principle was initially enshrined in the 1958 Geneva Convention on the Continental Shelf and later elaborated in the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Delimitation of the Continental Shelf: Delimitation refers to the process of drawing boundaries between the continental shelves of adjacent or opposite states. While the natural prolongation principle defines the extent of a state's continental shelf, it does not automatically provide a clear boundary when two states' shelves overlap or abut. The challenge lies in reconciling the geological concept of natural prolongation with the need for equitable and practical boundaries. UNCLOS Article 83(1) states that "The delimitation of the continental shelf between States with opposite or adjacent coasts shall be effected by agreement on the basis of international law, as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution." This emphasizes agreement and equitable solutions, moving beyond a sole reliance on natural prolongation. 2. Relevant Statutes and Sections: 1958 Geneva Convention on the Continental Shelf: Article 1 defined the continental shelf and Article 6 provided for delimitation based on agreement, median line/equidistance, or special circumstances. 1982 United Nations Convention on the Law of the Sea (UNCLOS): Article 76: Defines the continental shelf, incorporating

Question 21

Q6. (b) Define International Dispute. Explain the difference between peaceful settlement of disputes and compulsive settlement of disputes. Critically examine the growing importance of ADR methods in International Dispute settlement.

Accepted Answer

1. Core Legal Answer & Context: International Dispute: An international dispute, as defined by the Permanent Court of International Justice (PCIJ) in the Mavrommatis Palestine Concessions case (1924), is "a disagreement over a point of law or fact, a conflict of legal views or interests between two persons." In the context of international law, these "persons" are typically states or international organizations. For a dispute to be international, it must involve subjects of international law and concern matters governed by international law. Peaceful Settlement of Disputes vs. Compulsive Settlement of Disputes: Peaceful Settlement of Disputes: This refers to methods where parties to a dispute seek to resolve their differences without resorting to force, primarily through consensual means. The goal is to find a mutually acceptable solution or to obtain a binding decision through a neutral third party, but always with the consent of the disputing parties. Methods include: Negotiation: Direct discussions between parties. Good Offices: A third party facilitates communication but does not participate in negotiations. Mediation: A third party actively participates, offering proposals and guiding negotiations. Conciliation: A third party investigates the facts and proposes a non-binding solution. Inquiry/Fact-finding: A third party investigates facts to clarify the dispute. Arbitration: Parties agree to submit their dispute to an impartial tribunal whose decision (award) is legally binding. Judicial Settlement: Submission of the dispute to an international court (e.g., ICJ) whose judgment is legally binding. These methods are enshrined in Chapter VI of the UN Charter, which encourages states to seek solutions by peaceful means of their own choice. Compulsive Settlement of Disputes: This term is less common in international law literature, which typically distinguishes between binding (arbitration, judicial) and non-binding (negotiation, mediation) peaceful methods. However

Question 22

Q6. (c) "Membership of the Security Council is not democratic mainly because of its veto power. In view of that, the U.N. Security Council should be expanded and should give more membership to other countries reflecting the demographic composition of the community of nations." Explain.

Accepted Answer

1. Core Legal Answer & Context: The statement accurately highlights a central critique of the United Nations Security Council (UNSC): its lack of democratic representation, primarily due to the veto power held by its five permanent members (P5: China, France, Russia, United Kingdom, United States). The UNSC is the UN's most powerful organ, responsible for maintaining international peace and security, with the authority to impose sanctions, authorize peacekeeping missions, and even military action. Its decisions are legally binding on all UN member states. Lack of Democracy and Veto Power: Veto Power: Article 27(3) of the UN Charter grants each of the P5 the power to veto any substantive resolution. This means a single permanent member can block a resolution, even if it has overwhelming support from other members. This power is often exercised based on national interests rather than collective global good, leading to paralysis and inaction on critical issues (e.g., during the Cold War, and more recently on conflicts like Syria or Ukraine). Composition: The P5's permanent status and veto power reflect the geopolitical realities of 1945, immediately after World War II. The world has changed dramatically since then, with new economic powers, demographic shifts, and emerging regional leaders (e.g., India, Brazil, Germany, Japan, South Africa, Nigeria). The current composition does not reflect the contemporary distribution of power, population, or contributions to the UN. Exclusion of Major Contributors: Several countries that are major financial contributors to the UN, significant troop contributors to peacekeeping missions, or represent large populations and economies are not permanent members and lack veto power, leading to a sense of disenfranchisement. Arguments for Expansion and Demographic Representation: Enhanced Legitimacy: An expanded and more representative UNSC would be perceived as more legitimate and credible by the international community, making its decisi

Question 23

International law is primarily concerned with Rights, Duties and Interests of States. Critically examine the statement with reference to the place of Individuals and Non-State entities in International law.

Accepted Answer

1. Core Legal Answer & Context: The statement that "International law is primarily concerned with Rights, Duties and Interests of States" accurately reflects the traditional, Westphalian view of international law, where states were considered the exclusive, or at least primary, subjects. In this classical perspective, individuals and non-state entities (NSAs) were largely seen as objects of international law, their rights and duties mediated solely through their national states. However, a critical examination reveals that this statement, while historically grounded, is an oversimplification of contemporary international law, which has undergone a profound evolution, significantly expanding the place of individuals and various non-state entities. Traditional State-Centric View: Historically, international law was a law between states, created by states, for states. States possessed full international legal personality, meaning they could hold rights, incur duties, enter into treaties, and bring international claims. Individuals were considered subjects of national law, and any international protection or obligation they had was typically derived from their state's consent to a treaty or customary rule. Evolving Place of Individuals: Post-World War II, the role of individuals in international law dramatically expanded: International Human Rights Law (IHRL): The Universal Declaration of Human Rights (1948) and subsequent treaties like the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) directly grant rights to individuals, independent of their nationality. Individuals can, in many instances, directly invoke these rights against their own states before international or regional human rights bodies (e.g., European Court of Human Rights, UN Human Rights Committee). International Criminal Law (ICL): Individuals are now held directly accountable for international crimes such as gen

Question 24

Explain the differences between Paris and Bern regimes. Do you agree with the statement that "The Trade Related Intellectual Property Rights (TRIPs) is nothing, but mere repetition of the Paris and Bern Conventions." Discuss.

Accepted Answer

1. Core Legal Answer & Context: Differences between Paris and Bern Regimes: Paris Convention for the Protection of Industrial Property (1883): This convention primarily deals with industrial property, which includes patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications, and the repression of unfair competition. Its core principles are: National Treatment: Each member country must grant the same protection to nationals of other member countries as it grants to its own nationals. Right of Priority: An applicant filing for protection in one member country can, within a certain period (e.g., 12 months for patents, 6 months for trademarks), file in other member countries and claim the original filing date as the priority date. Common Rules: Establishes some common rules, such as the independence of patents and the protection of well-known marks. Bern Convention for the Protection of Literary and Artistic Works (1886): This convention focuses exclusively on copyright, protecting literary and artistic works such as books, music, paintings, sculptures, films, and computer programs. Its key principles are: National Treatment: Similar to Paris, it requires member countries to grant the same rights to foreign authors as to their own nationals. Automatic Protection: Protection is granted automatically without the need for formalities (e.g., registration or deposit). Independence of Protection: Rights granted in one country are independent of protection in other countries. Minimum Rights: Establishes certain minimum rights for authors, such as the rights of reproduction, public performance, broadcasting, adaptation, and moral rights (e.g., right of attribution and integrity). Agreement/Disagreement with the statement regarding TRIPS: I strongly disagree with the statement that "The Trade Related Intellectual Property Rights (TRIPs) is nothing, but mere repetition of the Paris and Bern Conventions." While TRIPS builds upon a

Question 25

Explain the concept of terrorism in the context of current technological developments. Do you justify counter-terrorism as an effective strategy to deal with terrorist activities? Is the existing international legal regime effective in dealing with emerging new terrorist threats? Explain.

Accepted Answer

1. Core Legal Answer & Context: Concept of Terrorism in the Context of Current Technological Developments: Terrorism, while lacking a universally agreed-upon legal definition, generally involves the use or threat of violence, primarily against civilians, to achieve political, religious, or ideological goals by instilling fear. Current technological developments have profoundly transformed terrorism. The internet and social media facilitate rapid radicalization, recruitment, and propaganda dissemination across borders. Encrypted communication tools enable secure planning and coordination. Drones, artificial intelligence, and advanced cyber capabilities offer new attack vectors, from disrupting critical infrastructure to autonomous attacks. The potential for bio-terrorism or chemical attacks, amplified by scientific advancements, also presents a grave threat. These technologies allow terrorist groups to operate with greater anonymity, reach, and lethality, blurring geographical boundaries and complicating traditional state-centric security responses. Justification of Counter-Terrorism (CT) as an Effective Strategy: Counter-terrorism is a necessary and justified strategy for states to protect their populations and maintain national security. Its effectiveness, however, is complex and multi-faceted. CT measures, including intelligence gathering, law enforcement operations, military interventions, and financial sanctions, have demonstrably disrupted plots, degraded terrorist capabilities, and brought perpetrators to justice. However, effectiveness must be balanced against adherence to international law, including human rights law and international humanitarian law. Overly aggressive or rights-violating CT measures can be counterproductive, fueling radicalization and alienating communities. A truly effective CT strategy requires a comprehensive approach that combines security measures with efforts to address root causes, promote good governance, and foster social inclusio

Question 26

Certain provisions of the four Geneva Conventions (1949) and their additional protocols of 1977 have assumed the status of customary principles (jus cogens) of IHL today. Do you agree with the above statement? Justify your arguments in the light of common Article 3 of the four Geneva Conventions.

Accepted Answer

1. Core Legal Answer & Context: Yes, I strongly agree with the statement. The concept of jus cogens, or peremptory norms of international law, refers to fundamental principles from which no derogation is permitted. These norms are universally applicable and bind all states, regardless of their ratification of specific treaties. While jus cogens status is reserved for the most fundamental rules, many provisions of the 1949 Geneva Conventions (GCs) and their 1977 Additional Protocols (APs) have indeed attained the status of customary international law, and some, particularly those reflecting fundamental humanitarian principles, are widely recognized as jus cogens. The widespread ratification of the GCs (196 states are parties) and the near-universal acceptance of their core principles as customary international law demonstrate their foundational nature. Common Article 3 (CA3), identical in all four Geneva Conventions, is a prime example. It acts as a 'mini-convention' within the Conventions, establishing minimum standards of humane treatment for persons not taking a direct part in hostilities in non-international armed conflicts (NIACs). Its provisions, such as the prohibition of violence to life and person, mutilation, cruel treatment, torture, outrages upon personal dignity, and the passing of sentences without regular trial, are considered absolute and non-derogable. The International Court of Justice (ICJ) and various international criminal tribunals have consistently affirmed that CA3 reflects elementary considerations of humanity and constitutes a customary international law norm applicable to all armed conflicts, international or non-international. Its fundamental nature and universal acceptance elevate it to the status of jus cogens, meaning no state can lawfully derogate from its obligations under CA3. 2. Relevant Statutes and Sections: Geneva Conventions of 1949: All four Conventions (GC I, II, III, IV). Additional Protocols I and II of 1977: Particularly Pr

Question 27

(b) Do you agree with the statement that "Beginning with the Stockholm Declaration of 1972, there has been an increased reliance upon non-binding international instruments dealing with environment"? Why has this trend developed and have these instruments been more useful than treaties? Explain.

Accepted Answer

Core Legal Answer & Context: Yes, there has been a discernible and increased reliance on non-binding international instruments in environmental governance since the 1972 Stockholm Declaration. This trend is primarily driven by several pragmatic considerations. Firstly, the urgency and complexity of global environmental challenges often necessitate rapid responses, which are difficult to achieve through the lengthy and often contentious negotiation processes required for binding treaties. Non-binding instruments, often referred to as 'soft law,' allow states to express political commitment, articulate shared principles, and establish common goals more quickly and with broader participation, as they do not immediately impose strict legal obligations. Secondly, soft law offers greater flexibility, enabling states with diverse economic development levels and environmental priorities to find common ground without committing to rigid, potentially costly, or politically sensitive legal obligations. This flexibility fosters consensus-building and allows for an incremental approach to international environmental law development, where principles initially articulated in soft law can gradually harden into customary international law or be incorporated into subsequent binding treaties. Regarding whether these instruments have been 'more useful' than treaties, it is more accurate to view them as complementary rather than superior. Treaties provide legal certainty, enforceability, and a robust framework for compliance and dispute resolution, which soft law inherently lacks. However, soft law instruments are invaluable for setting agendas, raising awareness, developing norms, and paving the way for future binding agreements. They can influence state practice and 'opinio juris' (a sense of legal obligation), thereby contributing to the formation of customary international law. Their utility lies in their ability to facilitate dialogue, build trust, and establish a common understan

Question 28

(c) It is generally viewed that "What the U.N. did in the 20th century for maintenance of peace and security, the W.T.O. is going to play the same role on economic and trade relations in the 21st century". Discuss the above statement in view of the changing notion of political sovereignty to economi

Accepted Answer

Core Legal Answer & Context: The statement draws a compelling and largely accurate parallel between the United Nations' role in shaping political sovereignty and international relations in the 20th century and the World Trade Organization's (WTO) influence on economic sovereignty and global trade in the 21st century. In the 20th century, the UN, established after two devastating world wars, aimed to maintain international peace and security through collective action, diplomacy, and the prohibition of the use of force. This involved a significant redefinition of traditional political sovereignty, as states agreed to cede certain aspects of their absolute autonomy to a collective security system, particularly through the powers vested in the Security Council under Chapter VII of the UN Charter. The UN's interventions, peacekeeping missions, and humanitarian efforts often challenged the strict principle of non-intervention in domestic affairs, asserting a collective international interest in peace and human rights. Similarly, in the 21st century, the WTO has emerged as a central pillar of global governance, profoundly influencing states' economic sovereignty. By establishing a rules-based multilateral trading system, the WTO aims to liberalize trade, reduce barriers, and ensure fair competition. Its robust Dispute Settlement Mechanism (DSM) is a quasi-judicial body whose rulings are binding on member states. This means that national economic policies, trade regulations, and even domestic legislation must conform to WTO agreements. The shift from political to economic sovereignty reflects the increasing interdependence of states in a globalized world. While political sovereignty (the state's supreme authority within its territory) remains a fundamental principle, economic power, market access, and integration into the global trading system have become paramount determinants of a state's influence and prosperity. States voluntarily accept constraints on their economic po

Law optional 2018 Paper I

28 Questions Available

Law optional 2018 Paper I

28 Questions Available

Question 1: What do you understand by the terms 'cooperative federalism' and 'competitive federalism'? Do you agree with the view that the Indian Constitution is

Question 2: Administrative powers/actions are not always in conflict with the 'rule of law' principle. Discuss with illustration.

Question 3: Critically evaluate the changing dimensions of the concept of 'State' under Article 12 of the Constitution of India.

Question 4: "Natural justice is not a made to order formula which has to be fitted to all situations with an iron-bound uniformity." Comment. Refer to case laws.

Question 5: "With the adoption of Parliamentary form of government, the vesting clause under Article 53(1) remains to a great extent meaningless, as real executiv

Question 6: Discuss the constitutionality of delegated legislation. What are the limits of delegated legislation? Explain.

Question 7: Examine the concept of social justice as envisaged in the Constitution, more particularly in Chapter IV of the Constitution and under Article 14 of th

Question 8: What are the major challenges in the functioning of local bodies in India? Does it talk about success story or something else?

Question 9: What would be the best way or method for the appointment of judges in High Courts and the Supreme Court in India? Give your views and support your vie

Question 10: What are the constitutional safeguards available to a civil servant against dismissal, removal or reduction in rank of services ? Are these rights als

Question 11: Is the Governor's post dependent on the pleasure of the President ? Discuss. What exactly constitutes the 'discretion' of the Governor while exercisin

Question 12: Under what circumstances, does a third party, apart from concerned parties, have locus standi to move writ petitions before the High Court or the Supr

Question 13: The liberty of the press implicit in the freedom of speech stands on no higher footing than the freedom of speech and expression of a citizen, and no

Question 14: Imposition of Emergency in a State under Article 356 has always been a matter of controversy." In this backdrop, explain the consequences of proclamat

Question 15: (d) Define 'International Treaty' and explain the growing importance of treaties in Modern International Law. Can a multilateral treaty be terminated?

Question 16: (c) It is generally viewed that "Rights and Duties are correlative". However, the International Human Rights Movement has developed more as rights-ori

Question 17: (b) "Where Extradition begins Asylum ends." Critically examine the above statement with special reference to extraditable persons and extradition crim

Question 18: (a) Explain the distinctions between traditional and modern definitions of international law. Critically examine the growing scope and importance of i

Question 19: (e) Do you agree with the statement that "the Globalization is a necessary evil"? Critically examine the implications of the reform process undertaken

Question 20: Q6. (a) "Continental Shelf was regarded as the natural prolongation of the land mass of the coastal state." Critically examine the Delimitation of the

Question 21: Q6. (b) Define International Dispute. Explain the difference between peaceful settlement of disputes and compulsive settlement of disputes. Critically

Question 22: Q6. (c) "Membership of the Security Council is not democratic mainly because of its veto power. In view of that, the U.N. Security Council should be e

Question 23: International law is primarily concerned with Rights, Duties and Interests of States. Critically examine the statement with reference to the place of

Question 24: Explain the differences between Paris and Bern regimes. Do you agree with the statement that "The Trade Related Intellectual Property Rights (TRIPs) i

Question 25: Explain the concept of terrorism in the context of current technological developments. Do you justify counter-terrorism as an effective strategy to de

Question 26: Certain provisions of the four Geneva Conventions (1949) and their additional protocols of 1977 have assumed the status of customary principles (jus c

Question 27: (b) Do you agree with the statement that "Beginning with the Stockholm Declaration of 1972, there has been an increased reliance upon non-binding inte

Question 28: (c) It is generally viewed that "What the U.N. did in the 20th century for maintenance of peace and security, the W.T.O. is going to play the same rol