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Political Science (Organisation and Institutions)
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 2
2016 Jun Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 2 Political Science (Organisation and Institutions) 2016 Jun 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 2016 Jun examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2016 Jun examination, in the order it was set.
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2016 Jun 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 · 12 questions answered
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.
Q1Define Law and explain briefly the sources of Law.[10]
Answer
For full marks, cover: the meaning of law; what "source of law" means and the two senses (historical and formal); the sources in the order in which they grew (custom, religion, adjudication, equity, legislation, scientific commentaries), each with an Indian example; the modern sources added by the Constitution (the Constitution itself, delegated legislation, international law); a table of the sources of Indian law; a case on delegated legislation as a source and its limit (In re The Delhi Laws Act); and a conclusion.
What law is
Law is the body of rules of external conduct that the state makes or recognises and enforces with its authority. Holland called a law "a general rule of external human action enforced by a sovereign political authority". A rule becomes law when the state stands behind it.
What a "source" of law means
A source of law is the place from which a rule draws its content or its force. The word is used in two senses. A historical or material source is where the content of a rule came from, such as an old custom or a religious text. A formal or legal source is what gives the rule its binding force today, such as a statute or a judgment. Holland made the same division. Custom, religion and scientific discussion are remote causes. Adjudication, equity and legislation are the organs through which the state makes or recognises law.
The sources in the order in which they grew
1. Custom. In early societies, rules grew from long and settled practice. Woodrow Wilson called custom "the earliest fountain of Law". In India, many rules of marriage, adoption and inheritance began as custom. The Constitution still recognises "custom or usage having in the territory of India the force of law" in article 13(3)(a).
2. Religion. Early law was mixed with religion. The Manusmriti, the Quran and Christian canon law laid down rules of family, property and crime. Hindu and Muslim personal laws in India grew from these roots before Parliament codified much of them.
3. Adjudication. As disputes arose, judges decided them and stated the rule. Later courts followed earlier decisions, and so judge-made law grew. Article 141 makes the law declared by the Supreme Court "binding on all courts within the territory of India".
4. Equity. Where strict rules produced unfair results, courts decided by fairness and conscience. In England a separate body of equity grew up in the Court of Chancery. In British India, courts applied "justice, equity and good conscience" where no rule existed.
5. Legislation. When states became organised, legislatures began to make law deliberately. Wilson called legislation "the conscious and deliberate origination of Law". It is now the chief source of law. Parliament and the State Legislatures enact most Indian law.
6. Scientific commentaries. The writings of learned jurists explain and develop the law. Courts followed Vijnaneshwara's Mitakshara on Hindu law and Blackstone's Commentaries on English law.
Modern sources under the Indian Constitution
- The Constitution itself, the highest source, against which every other law is tested.
- Delegated legislation, the rules, regulations and bye-laws made by the executive and local bodies under Acts.
- International law and treaties. Article 51(c) asks the State to "foster respect for international law and treaty obligations", and article 253 lets Parliament legislate to implement treaties.
Sources of Indian law at a glance
| Source | Example |
|---|---|
| Constitution | The Constitution of India, 1950 |
| Legislation | Acts of Parliament and State Legislatures |
| Delegated legislation | Rules and regulations under Acts |
| Precedent | Judgments of the Supreme Court and High Courts |
| Custom | Customary rules of marriage and succession |
| Personal law | Hindu and Muslim law, now largely codified |
| Equity | Justice, equity and good conscience |
| Juristic writing | The Mitakshara, Blackstone |
A case on delegated legislation as a source
In re The Delhi Laws Act, 1912, AIR 1951 SC 332. The President asked the Supreme Court whether Parliament could let the government extend existing laws to Delhi and other Part C States, with changes. The Court held that most of the delegation was valid, so laws made by the executive under such powers are a real source of law. But it held invalid the power to repeal or amend laws already in force there. Mukherjea J explained that delegation is legitimate only as "an ancillary measure which the legislature considers to be necessary". So delegated legislation is a source of law only within limits the legislature itself must set.
Conclusion. Law is a general rule of conduct backed by the state. Its sources grew in a sequence: custom, religion, adjudication, equity, legislation and the writings of jurists. Legislation is now the chief source, under the Constitution, which is the highest source of all. Delegated legislation and international law are modern additions. In re The Delhi Laws Act shows that even these must keep within the limits the Constitution and the legislature set.
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