KSLU Solved Question Papers
Political Science (State and Political Obligations)
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 3
2012 Jan Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 3 Political Science (State and Political Obligations) 2012 Jan 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 2012 Jan examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2012 Jan examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2012 Jan 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 100 · 20 questions answered
Instructions printed on the paper
- N.B. (1) Answer all questions. (2) Figures to the right indicate marks. (3) Answers should be written either in English or Kannada completely. (4) One essay type and one short note question have to be attempted, which is referred as Part (a) and Part (b) .
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)What is the meaning of rights ? Briefly explain the kinds of rights.[15]
Answer
For full marks, cover: definitions of rights (Laski, Green, Salmond, Holland) and their features; rights and duties; the types of rights, explained in three groups with examples: by origin (natural, moral, legal), by content (civil, political, economic, social and cultural, human), and the legal classifications (perfect and imperfect, positive and negative, in rem and in personam, proprietary and personal, primary and sanctioning); fundamental rights in India; two cases (Maneka Gandhi, Puttaswamy); and a conclusion.
Definitions
A right is a claim of an individual to do or to have something for his own development. Society recognises the claim and the State protects it.
- Laski: "Rights, in fact, are those conditions of social life without which no man can seek, in general, to be himself at his best."
- T. H. Green: "A right is a power claimed and recognised as contributory to a common good."
- Salmond: a legal right is "an interest recognised and protected by a rule of legal justice".
- Holland: a legal right is "a capacity residing in one person of controlling, with the assent and assistance of the State, the actions of others".
Features of rights
- A claim of the individual, made for his own good and growth.
- Recognised by society. Green stressed that a right exists only "as a member of a society".
- Protected by the State, in the case of legal rights, through law and courts.
- Consistent with the common good. A right cannot be used to harm others.
- Correlated with duties. My right to life puts others under a duty not to kill me.
- Changing. New rights, such as privacy and information, are recognised as society changes.
Rights and duties
Rights and duties go together. Salmond explains that every legal right has a corresponding duty on someone else. Every right also brings duties for its holder: to respect the same rights of others, to obey the law and to serve the community. Laski held that rights are given to the individual so that he can contribute his best to society.
Theories of rights in brief
- Natural rights theory (Locke): rights belong to man by nature, before the State.
- Legal theory (Bentham, Austin): rights are created by the law of the State alone.
- Historical theory: rights grow out of long-established customs and traditions.
- Social welfare theory: rights are those claims that promote the general good of society.
- Idealist theory (Green): rights are powers recognised as serving the moral development of persons and the common good.
A. Types by origin
1. Natural rights. Writers such as Locke held that men have rights to life, liberty and property by nature, before the State exists. The State's task is to protect them. The idea inspired the American Declaration of Independence and the French Revolution. Critics, like Bentham, called natural rights unreal because no right exists without law.
2. Moral rights. These rest on the moral sense of the community, such as the right of old parents to care from their children. Society enforces them through opinion, not courts.
3. Legal rights. These are recognised and enforced by the State through law. Breach of a legal right gives a remedy in court. Legal rights are the main concern of political science and law.
B. Types by content
1. Civil rights. These protect the individual's life and freedom in society. They include the right to life and personal liberty and equality before law. They also include freedom of speech, of religion, of association and of movement, and the rights to property and to a fair trial.
2. Political rights. These let citizens take part in government. They include the right to vote, to stand for election and to hold public office, and the right to petition and to criticise the government. In India the vote is given by article 326.
3. Economic rights. These secure a decent material life. They include the right to work, to fair wages, and to rest and leisure. They also include social security in old age, sickness and unemployment. Without them, said Laski, political rights mean little to the poor.
4. Social and cultural rights. These include the right to education, to health, and to preserve one's language and culture. In India article 21A makes education free and compulsory for children aged six to fourteen, and articles 29 and 30 protect minorities' culture.
5. Human rights. These belong to every person simply as a human being. The Universal Declaration of Human Rights, adopted by the United Nations in 1948, sets them out for the world.
C. Legal classifications
- Perfect and imperfect rights. A perfect right is enforceable in court. An imperfect right is recognised but not enforceable, such as a debt barred by limitation.
- Positive and negative rights. A positive right requires someone to act, such as a creditor's right to be paid. A negative right requires others only to refrain, such as the right not to be assaulted.
- Rights in rem and in personam. A right in rem is good against the whole world, such as ownership of land. A right in personam is good against a particular person, such as a right under a contract.
- Proprietary and personal rights. Proprietary rights concern a person's estate, such as ownership; personal rights concern his status and well-being, such as reputation.
- Primary and sanctioning rights. A primary right exists on its own, such as the right to property. A sanctioning right arises from the breach of another, such as the right to damages.
| Basis | Types | Example |
|---|---|---|
| Origin | Natural, moral, legal | Care of aged parents (moral) |
| Content | Civil, political, economic, social, human | Right to vote (political) |
| Enforceability | Perfect, imperfect | A time-barred debt (imperfect) |
| Basis | Types | Example |
|---|---|---|
| Duty it imposes | Positive, negative | Right to be paid (positive) |
| Against whom | In rem, in personam | Ownership of land (in rem) |
| Subject | Proprietary, personal | Reputation (personal) |
Fundamental rights in India
Part III of the Constitution guarantees fundamental rights in six groups:
- the right to equality (articles 14 to 18);
- the right to freedom (articles 19 to 22);
- the right against exploitation (articles 23 and 24);
- the right to freedom of religion (articles 25 to 28);
- cultural and educational rights (articles 29 and 30);
- the right to constitutional remedies (article 32), which lets a person go straight to the Supreme Court to enforce the others.
The Directive Principles in Part IV add economic and social goals, such as the right to work and to public assistance (article 41). They are not enforceable in court, but they guide the State. Some, such as article 19, belong to citizens only; others, such as article 21, belong to every person.
Rights are not absolute
No right is unlimited, because one person's right ends where another's begins. The State may restrict rights for public order, health, morality and the security of the State. In India article 19(2) to (6) permits only "reasonable restrictions" on the freedoms, and the courts decide what is reasonable. A right used to harm the community loses its moral basis, which is why Green tied every right to the common good.
Two cases
In Maneka Gandhi v. Union of India, AIR 1978 SC 597, the government impounded the petitioner's passport "in public interest" and refused to give reasons. The Supreme Court held that "personal liberty" in article 21 is "of the widest amplitude". The procedure that takes it away "must be right and just and fair and not arbitrary, fanciful or oppressive". Articles 14, 19 and 21 were read together, widening every right.
In Justice K. S. Puttaswamy (Retd.) v. Union of India, AIR 2017 SC 4161, nine judges considered whether the Constitution protects privacy, which earlier decisions had denied. They held that "The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21". A new right was recognised as society and technology changed.
Conclusion. Rights are conditions of social life, recognised by society and protected by the State, that let each person be at his best. By origin they are natural, moral or legal, and by content they are civil, political, economic, social and human. Law further classifies them as perfect or imperfect, positive or negative, in rem or in personam. India's Part III gives them constitutional force, and Maneka Gandhi and Puttaswamy show them growing with society.
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