KSLU Solved Question Papers
Legal Methods
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 1
2018 Dec Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 1 Legal Methods 2018 Dec Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2018 Dec examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2018 Dec examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2018 Dec examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 80 · 20 questions answered
Instructions printed on the paper
- N.B. (1) Answer all five Units. (2) One essay type question and short note is compulsory from each Unit. (3) Figures to the right indicate marks. (4) Answer should be written either in Kannada or English completely.
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q1
Unit I
(a)Explain the necessity of law for the creation of just society.[10]
Answer
For full marks, cover: Part A: what law is (its meaning and main features, with two or three definitions). Part B: what a just society is (the Preamble's three kinds of justice); the role of law in creating it, point by point: equality, fundamental rights, fair procedure, protection of the weak, access to justice, social and economic justice, control of power; the cases; the limits of law; a conclusion.
Part A: What is law
Meaning. Law is the body of general rules of conduct that the State makes or recognises and enforces through its courts. It tells people what they must do, what they must not do and what they may do. Austin saw law as a command of the sovereign backed by a sanction. Salmond saw it as the rules recognised and acted on in courts of justice. Pound saw it as a means of social engineering, a tool for balancing interests in society.
Its features.
- It consists of rules of conduct, general in form.
- It is made or recognised by the State.
- It is binding on everyone within its reach.
- It is enforced by courts and backed by sanctions.
- It aims at justice and social order.
Part B: What a just society is
In a just society, every person is treated with equal dignity and has a fair share of opportunities and resources. Every person can also obtain a fair remedy when wronged. The Preamble to the Constitution promises all citizens "JUSTICE, social, economic and political". Social justice means removing discrimination. Economic justice means a fair distribution of resources. Political justice means an equal voice in government.
The role of law in creating a just society
1. Law establishes equality. Article 14 guarantees equality before the law and the equal protection of the laws. Article 15 forbids discrimination on grounds such as religion, caste and sex. Article 17 abolishes untouchability.
2. Law protects rights. Fundamental rights are enforceable in the courts. Article 32 lets a person move the Supreme Court directly for their enforcement.
3. Law requires fair procedure. In Maneka Gandhi v. Union of India, (1978) 1 SCC 248, the Supreme Court held that a procedure depriving a person of liberty must be "right and just and fair". Justice depends on the way decisions are made, not only on the result.
4. Law protects the weak. Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802. An organisation wrote to the Court that labourers in stone quarries in Faridabad worked in inhuman conditions, many as bonded labourers. The Court treated the letter as a writ petition, appointed a commission, and issued directions. It said a member of the public acting for the poor "may move the court even by just writing a letter".
5. Law gives access to justice. A right is useless to a person who cannot reach a court. Article 39A directs the State to provide free legal aid. In Madhav Hayawadanrao Hoskot v. State of Maharashtra, (1978) 3 SCC 544, a prisoner lost his chance to appeal because he never received a copy of the High Court's judgment. The Supreme Court held that the State must serve the judgment on a prisoner in time. It must also provide free legal services to a prisoner who cannot afford a lawyer.
6. Law promotes social and economic justice. The Directive Principles guide the State to secure a social order in which justice informs all institutions (Article 38). Labour laws, land reform and welfare schemes give effect to them.
7. Law ends delay and arbitrary custody. In Hussainara Khatoon v. Home Secretary, State of Bihar, (1980) 1 SCC 81, prisoners in Bihar had waited years for trial. The Court held that speedy trial is part of the right to life and liberty under Article 21.
8. Law controls power. All public power must have a legal basis. In Ram Jawaya Kapur v. State of Punjab, AIR 1955 SC 549, the Court held that the executive "can never go against the provisions of the Constitution or of any law".
The limits of law
Law alone cannot create a just society. Many good laws are poorly enforced. Courts are slow and costly for the poor. Deep social attitudes change slowly, whatever the statute says. Law works best together with education, economic growth and public awareness.
| Role of law | Constitutional basis | Case |
|---|---|---|
| Equality | Arts. 14, 15, 17 | |
| Fair procedure | Art. 21 | Maneka Gandhi |
| Protection of the weak | Art. 32 | Bandhua Mukti Morcha |
| Access to justice | Art. 39A | Hoskot |
| Speedy trial | Art. 21 | Hussainara Khatoon |
| Control of power | Rule of law | Ram Jawaya Kapur |
Conclusion. Law is the body of general rules made or recognised by the State and enforced by its courts. It is the main instrument for building a just society. It secures equality, protects rights, demands fair procedure, protects the weak, opens the courts to the poor and controls power. Maneka Gandhi, Bandhua Mukti Morcha, Hoskot and Hussainara Khatoon show it at work. But law needs social support to achieve the justice the Preamble promises.
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