KSLU Solved Question Papers
Political Science (State and Political Obligations)
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 3
2017 Jun Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 3 Political Science (State and Political Obligations) 2017 Jun Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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Contents
The questions below are the paper as Karnataka State Law University set it at the 2017 Jun examination, in the order it was set.
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2017 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 · 13 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 the term "Law" and explain the sources of "Law".[16]
Answer
For full marks, cover: law defined (Austin, Woodrow Wilson, Salmond) and what the definitions share; what "source of law" means, in two senses (formal sources, which give a rule its force, and material sources, which supply its content); the formal sources in India in their order of authority (the Constitution, legislation, delegated legislation and ordinances, judicial precedent under article 141, custom with its tests, personal law, international law), each with its constitutional basis; the material sources (religion, morality, equity, scholarly writing, public opinion and reform movements, law commissions); how the sources pass into one another, with the history of Hindu law as an example; a table; two Indian cases (Vishaka on international law becoming binding law, Maganbhai Ishwarbhai Patel on when a treaty needs legislation); and a conclusion.
Law defined
John Austin described law as a command of the sovereign, backed by a sanction. Woodrow Wilson called law "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". John Salmond described law as the body of principles recognised and applied by the State in the administration of justice.
The definitions agree on three points. Law is a rule of conduct. It is made or recognised by the State. And it is enforced by the State's power. Wilson adds a fourth point that matters for this question. Much law begins as the habits and beliefs of a people, before the State recognises it.
What a "source" of law means
The phrase has two senses.
- Formal sources are those from which a rule gets its force as law. A rule is law because Parliament enacted it, or because the Supreme Court declared it.
- Material sources are those from which a rule gets its content. Religion, morality and public opinion supply ideas, but those ideas become law only through a formal source.
The formal sources of law in India
1. The Constitution
The Constitution is the highest source. Every other law draws its validity from it, and article 13 makes void any law that takes away fundamental rights. Article 372 kept the laws in force before 1950 in operation, subject to the Constitution.
2. Legislation
Legislation is law made deliberately by a legislature. Wilson called it "the conscious and deliberate origination of Law". Parliament and the State legislatures make laws on the subjects given to them in the three lists of the Seventh Schedule. In a modern State it is the most important and most prolific source.
3. Delegated legislation and ordinances
Rules, regulations and bye-laws are made by the executive under power given by an Act. Ordinances are temporary laws made by the President under article 123, or a Governor under article 213, when the legislature is not sitting. Article 13(3)(a) includes "any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law" within the meaning of law.
4. Judicial precedent
Judges interpret and fill gaps in the law. Under article 141, "The law declared by the Supreme Court shall be binding on all courts within the territory of India." So a Supreme Court judgment is itself a formal source.
5. Custom
Wilson called custom "the earliest fountain of Law". A custom becomes law when courts recognise and enforce it. Indian law sets tests for a valid custom. Section 3(a) of the Hindu Marriage Act, 1955 requires a rule "continuously and uniformly observed for a long time". The rule must also be "certain and not unreasonable or opposed to public policy".
6. Personal law
In matters of marriage, divorce, succession and adoption, Indians are governed largely by the personal law of their community. Much of it rests on religious texts and custom, though large parts are now codified by statute.
7. International law
Article 51(c) directs the State to "foster respect for international law and treaty obligations". Parliament may make laws to implement treaties under article 253. Courts also read international conventions into fundamental rights where Indian law is silent.
The material sources of law
- Religion. In early societies law and religion were one. The Dharmashastras shaped Hindu law, and the Quran and Hadith shaped Muslim law.
- Morality. Rules against killing, theft and fraud express moral ideas. Changes in morality lead to changes in law.
- Equity. Where strict law produced injustice, judges applied fairness and good conscience. Indian courts long decided cases by "justice, equity and good conscience" where no rule applied.
- Scholarly writing. Commentaries such as the Mitakshara and the Dayabhaga shaped Hindu law. Modern textbooks and articles influence how judges read statutes.
- Public opinion and reform movements. Campaigns against sati, untouchability and dowry produced laws against them.
- Law commissions. The Law Commission of India studies the law and proposes reforms, many of which Parliament enacts.
How the sources pass into one another
The sources are not separate boxes. The history of Hindu law shows the movement. Ancient texts and the customs of communities came first. The commentators interpreted them. Courts in British India applied them case by case. Then Parliament codified much of the law in the Hindu Marriage Act, 1955 and the related Acts. Religion and custom became precedent, and precedent became legislation. Even now, a valid custom survives inside the statute through section 3(a).
When the sources conflict
Because there are many sources, they sometimes point in different directions. Indian law settles the order.
- The Constitution prevails over everything. Under article 13 a law, a custom or a rule that takes away fundamental rights is void to that extent.
- Legislation prevails over custom and old texts. Section 4 of the Hindu Marriage Act, 1955 says that "any text rule or interpretation of Hindu law or any custom or usage" in force before it "shall cease to have effect" on matters the Act covers.
- The parent Act prevails over delegated legislation. A rule that goes beyond the Act that authorised it is void.
- Legislation can change judge-made law. Parliament may alter the law a court has declared, within the limits of the Constitution.
- Clear Indian law prevails over international law. Courts read conventions into Indian law only where they are consistent with it.
The sources at a glance
| Source | Kind | Basis in India |
|---|---|---|
| The Constitution | Formal, highest | Arts. 13, 372 |
| Legislation | Formal | Seventh Schedule lists |
| Delegated legislation, ordinances | Formal, subordinate | Parent Acts; arts. 123, 213 |
| Source | Kind | Basis in India |
|---|---|---|
| Judicial precedent | Formal | Art. 141 |
| Custom | Formal once recognised | Art. 13(3)(a); HMA s. 3(a) |
| Personal law | Formal, in family matters | Statute and recognised texts |
| International law | Formal when adopted | Arts. 51(c), 253 |
| Religion, morality, equity, writings, opinion | Material | Shape content, not force |
Two Indian cases
Vishaka v. State of Rajasthan, AIR 1997 SC 3011. Social activists and NGOs filed a class action after the alleged gang rape of a social worker in a Rajasthan village. There was no Indian statute on sexual harassment at the workplace. The Supreme Court held that any international convention consistent with fundamental rights must be read into articles 14, 15, 19(1)(g) and 21. It relied on the Convention on the Elimination of All Forms of Discrimination against Women. It laid down guidelines and declared them binding until Parliament made a law on the subject. Parliament later enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The case shows three sources at work in turn: international law, then precedent, then legislation.
Maganbhai Ishwarbhai Patel v. Union of India, AIR 1969 SC 783. An international tribunal's award of 1968 gave Pakistan parts of the Rann of Kutch. Petitioners argued that giving them up was a cession of territory needing a constitutional amendment. The Court held that settling an uncertain boundary was not cession, so the executive could implement the award. Shah J adopted the rule that "the making of a treaty is an executive act, while the performance of its obligations, if they entail alteration of the existing domestic law, requires legislative action". The case shows that international law becomes a source of domestic law only through the proper Indian channel.
Conclusion. Law is a rule of conduct made or recognised and enforced by the State. Its formal sources in India, in order of authority, are the Constitution, legislation, and delegated legislation and ordinances. Then come judicial precedent, recognised custom, personal law and adopted international law. Its material sources are religion, morality, equity, scholarly writing, public opinion and law commissions. The sources feed one another over time. Vishaka and Maganbhai Ishwarbhai Patel show how a rule from outside becomes Indian law.
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