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Political Science (Theory and Thought)
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 1
2013 Jun (70 marks) Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 1 Political Science (Theory and Thought) 2013 Jun (70 marks) 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 2013 Jun (70 marks) examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2013 Jun (70 marks) examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2013 Jun (70 marks) 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 2½ hours · Total marks 70 · 20 questions answered
Instructions printed on the paper
- N.B. (1) Answer all 5 Questions. (2) Answer one essay type and one short note question from each unit have to be attempted. (3) Figures to the right indicate marks. (4) Answers should be written either in English or Kannada 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)Discuss the conflicts between personal law and public law.[9]
Answer
For full marks, cover: the meaning of personal law and of public law; why the two collide; the main areas of conflict, each with an example; three worked cases, Narasu Appa Mali, Shah Bano and Shayara Bano; how the conflict is being resolved, including article 44 and the Uttarakhand code; an assessment; and a conclusion.
Meaning
Personal law is the law that governs a person's family life according to the religion or community to which he belongs. It covers marriage, divorce, maintenance, adoption, guardianship and succession. In India there are separate Hindu, Muslim, Christian and Parsi personal laws. Some are codified, like the Hindu Marriage Act 1955. Others rest largely on religious texts and custom.
Public law is the law the state makes for everyone, whatever their religion. It includes the Constitution, criminal law and procedural law. Its values are equality before the law and the protection of individual rights.
Why they collide
- Different sources. Personal law claims authority from religion and tradition. Public law draws its authority from the state and the Constitution.
- Different units. Personal law sees the person as a member of a community. Public law sees the individual citizen.
- Different values. Older personal rules often treat men and women unequally. Public law promises equality under articles 14 and 15.
- Religious freedom. Article 25 protects the freedom of religion, but article 25(2)(b) allows the state to make laws for social welfare and reform.
Areas of conflict
- Maintenance of a divorced wife: the general law of criminal procedure against the limits of personal law (Shah Bano).
- Bigamy by conversion: a husband converting to escape the bar on a second marriage. Sarla Mudgal v. Union of India, AIR 1995 SC 1531, held such a second marriage void and punishable under section 494 of the Indian Penal Code.
- Divorce: instant triple talaq against the right to equality (Shayara Bano).
- Succession: unequal shares for daughters. In Mary Roy v. State of Kerala, (1986) 2 SCC 209, the Court held that the old Travancore Act had been repealed, so a Christian daughter took equally with a son.
- Constitutional review: whether personal law is "law" that the courts can test against fundamental rights (Narasu Appa Mali).
Three worked cases
The State of Bombay v. Narasu Appa Mali, AIR 1952 Bom 84. A Bombay law of 1946 made bigamy an offence for Hindus. It was challenged as discriminating against Hindus, since Muslim law allowed more than one wife. The Bombay High Court upheld the law. It held that personal law is not "law in force" under article 13(1), so it is not tested against Part III. It reasoned that article 44 itself assumes separate personal laws, since it aims at a common code in future. The Supreme Court has never formally overruled it, though later judges have doubted it.
Mohd. Ahmed Khan v. Shah Bano Begum, AIR 1985 SC 945. Shah Bano was divorced after forty-three years of marriage and claimed maintenance under section 125 of the Code of Criminal Procedure. Her husband said Muslim law limited his duty to the iddat period and the payment of mahr. The Supreme Court held that section 125 applies to all citizens, whatever their religion, to prevent destitution. It found no conflict with Muslim law on this point, and it regretted that article 44 had remained "a dead letter". Parliament then passed the Muslim Women (Protection of Rights on Divorce) Act 1986. In Danial Latifi v. Union of India, AIR 2001 SC 3958, the Court upheld that Act but read it to require a "reasonable and fair provision" for the wife's future.
Shayara Bano v. Union of India, (2017) 9 SCC 1. Shayara Bano was divorced by talaq-e-biddat, three pronouncements at one sitting. By three to two the Supreme Court set the practice aside. Kurian Joseph J held that what is bad in theology cannot be good in law. Nariman and Lalit JJ held it "manifestly arbitrary" and so against article 14.
How the conflict is being resolved
- Codification and reform. Parliament reformed Hindu law in the 1950s, and courts have read personal laws in the light of the Constitution.
- The general law for all. Laws like section 125 apply to every citizen.
- Article 44. "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India."
- A State code. The Uniform Civil Code, Uttarakhand, 2024 came into force on 27 January 2025. It sets common rules on marriage, divorce, succession and inheritance for residents, but excludes the Scheduled Tribes.
Assessment
The conflict is between two good values: respect for communities and their faith, and equal rights for every citizen, especially women. Imposing uniformity by force can threaten minorities and religious freedom. Leaving personal law untouched can deny women equality. The Indian approach has been gradual: reform from within, the general law for all, and the courts protecting rights case by case.
Conclusion. Personal law governs family life by religion; public law binds every citizen equally. They clash over maintenance, bigamy, divorce, succession and constitutional review. Narasu Appa Mali kept personal law outside Part III, but Shah Bano and Shayara Bano show the general law and the Constitution steadily prevailing. Article 44 points to a uniform civil code, and Uttarakhand's code of 2025 is the first State attempt.
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