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Political Science (State and Political Obligations)
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 3
2014 Jun Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 3 Political Science (State and Political Obligations) 2014 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 2014 Jun examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2014 Jun examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2014 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 3 hours · Total marks 100 · 20 questions answered
Instructions printed on the paper
- N.B. (1) Answer one essay and one short note/problem question from each Unit. (2) Figures to the right indicate marks. (3) Answers should be written completely either in English or in Kannada.
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)Define law and explain the various kinds of law.[15]
Answer
For full marks, cover: definitions of law (Austin's command, Holland, Wilson; the inclusive Indian definition in article 13(3)(a)); law in the wider sense and law in the strict sense; the various kinds of State law, traced through the Indian legal order (constitutional law; statutes; ordinances; delegated legislation; judge-made law; recognised custom and personal law; public and private law; substantive and procedural law; civil and criminal law; central, State and local law); international law and its place; how the kinds rank against each other; a table; a worked example (one restaurant, many kinds of law); two Indian cases on international and national law (Maganbhai Ishwarbhai Patel, Vishaka); and a conclusion.
Defining law
The word law has several meanings, and each definition stresses one side of it.
- Austin treated law as the command of a sovereign, backed by a sanction. He wrote that "Every law or rule ... is a command".
- Holland defined law as "a general rule of external human action enforced by a sovereign political authority".
- Woodrow Wilson called it "that portion of the established thought and habit which has gained distinct and formal recognition in the shape of uniform rules backed by the authority and power of Government".
- The Indian Constitution uses a wide working definition. By article 13(3)(a), "law" includes "any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law".
Together these show the core idea. Law is a general rule of conduct, made or recognised by the State, and enforced by its power.
Law in the wider and the strict sense
In a wider sense, people speak of natural law, moral law and divine law: rules of right conduct known by reason, conscience or faith. These guide behaviour but are not enforced by courts. In the strict sense used by political science, law means rules made or recognised by the State and enforced by its courts. The kinds below are kinds of law in this strict sense, with international law considered separately.
The various kinds of State law
1. By the maker and its rank
- Constitutional law. The supreme law, which creates the organs of the State and limits them. In India it is the Constitution itself.
- Statutes. Acts made by Parliament and the State legislatures within the powers the Constitution gives them.
- Ordinances. Temporary laws made by the President (article 123) or a Governor (article 213) when the legislature is not in session. They lapse unless approved.
- Delegated legislation. Rules, regulations, notifications and bye-laws made by the executive or local bodies under the authority of a statute.
- Judge-made law. Under article 141, "The law declared by the Supreme Court shall be binding on all courts within the territory of India".
- Recognised custom and personal law. A long, certain and reasonable custom may have the force of law. Personal laws of religious communities govern marriage, succession and family matters.
2. By the relations it governs
- Public law governs the relations between the State and individuals, and between organs of the State: constitutional, administrative and criminal law.
- Private law governs relations between private persons: contract, property, family law and tort.
3. By function
- Substantive law creates rights and duties, such as the law of contract or the definition of theft.
- Procedural (adjective) law lays down how rights are enforced, such as the codes of civil and criminal procedure and the law of evidence.
4. By the remedy
- Civil law gives a remedy to the injured person: damages, an injunction or the return of property.
- Criminal law punishes the offender on behalf of society, by imprisonment, fine or another sentence.
5. By the level of government
India has central law made by Parliament, State law made by the State legislatures, and local law made by panchayats and municipalities as bye-laws. The Seventh Schedule divides the subjects among the Union, State and Concurrent Lists.
International law
International law is the body of rules that govern relations between States: treaties, customs of nations and general principles. Austin denied that it is law properly so called, since there is no sovereign above States. He called it "positive international morality". Modern writers reply that States in practice treat it as binding. In India, article 51(c) asks the State to "foster respect for international law and treaty obligations", and article 253 lets Parliament make laws to implement treaties.
How the kinds rank
The kinds are not equal. The Constitution stands at the top, and under article 13 a law that conflicts with the fundamental rights is void to that extent. Statutes come next, within the legislative lists. Delegated legislation must stay within its parent Act. Ordinances have the same force as Acts but only for a limited time. Custom gives way to statute where they conflict. A court asked to apply any rule must first place it in this order.
Why the classification matters
Knowing the kind of a law is practical, not academic. It tells a lawyer which court hears the case, what procedure applies, and what remedy is possible. A civil wrong leads to damages; a crime leads to prosecution by the State. A rule made by delegated legislation can be struck down for exceeding its parent Act, while a constitutional provision can be changed only by amendment. So the first step in any legal problem is to identify the kind of law involved.
The kinds at a glance
| Basis | Kinds | Indian example |
|---|---|---|
| Maker and rank | Constitutional, statute, ordinance, delegated, judge-made, custom | Art. 13; an Act; art. 123; rules; art. 141 |
| Relations | Public, private | Administrative law; contract |
| Function | Substantive, procedural | Penal law; procedure codes |
| Remedy | Civil, criminal | Damages; imprisonment |
| Basis | Kinds | Indian example |
|---|---|---|
| Level | Central, State, local | Union, State and Concurrent Lists |
| Between States | International | Art. 51(c); art. 253 |
A worked example: one restaurant
A person opens a restaurant in a city. Her right to carry on a business comes from article 19(1)(g), which is constitutional law. Food safety is governed by a statute of Parliament and by regulations made under it, which are delegated legislation. The city's bye-laws fix licences and opening hours, which is local law. Her lease is a private contract. If she sells adulterated food, criminal law applies; if a customer is harmed by negligence, civil law gives damages. And the courts' rulings on all these bind her as judge-made law. One business, many kinds of law.
Two Indian cases
Maganbhai Ishwarbhai Patel v. Union of India, AIR 1969 SC 783. An international tribunal fixed the disputed boundary in the Rann of Kutch and gave Pakistan some areas. Petitioners argued that giving up the land was a cession of territory needing a constitutional amendment. The Supreme Court held that settling an uncertain boundary by an accepted award is not cession, so no amendment was needed. It adopted the view that "the making of a treaty is an executive act". Legislation is needed only where performing the treaty alters the existing domestic law. The case shows how international law and national law meet.
Vishaka v. State of Rajasthan, AIR 1997 SC 3011. There was no Indian statute against sexual harassment at the workplace. Activists sought enforcement of working women's fundamental rights. The Supreme Court held that an international convention consistent with the fundamental rights must be read into articles 14, 15, 19(1)(g) and 21. Relying on articles 51(c) and 253, it laid down binding guidelines until Parliament legislated. The case shows international law and judge-made law filling a gap that statute had left.
Conclusion. Law is a general rule of conduct made or recognised by the State and enforced by its power, defined widely in article 13(3)(a). Its various kinds can be classified by maker and rank, by the relations they govern, by function, by remedy and by level of government. International law stands beside them, binding between States. All these kinds work together in a ranked order with the Constitution at the top. Maganbhai Ishwarbhai Patel and Vishaka show how international and national law meet.
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