Master of Law (LL.M.) Foundation Course Judicial Process 2023-24 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. 1. According to Benjamin Cardozo, "The process of the law is not a mere calculation, a mechanical adding and subtracting of established rules; it is a process of reasoning." Analyze this statement in the context of nature and scope of Judicial process in India.
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2. 2. Critically analyze the notion of judicial creativity in the interpretation of the Indian Constitution. How has it developed over the period of decades in India?
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3. 3. Judicial activism is a necessary weapon in a democracy to protect the rights of marginalized section of the society. Elucidate the notion of judicial activism with the help of case laws in India.
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4. 4. According to Justice V.R. Krishna Iyer, "Judicial independence is the soul of democracy."- Discuss the role of judicial accountability with special reference to National Judicial Commission in India.
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5. 5. According to Geremy Bentham, "the greatest happiness of the greatest number is the foundation of morals and legislation." Discuss the interrelationship between law and justice in the light of above statement.
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6. 6. "The purpose of Dharma is to ensure justice, protect the rights of individual and maintain social harmony."- Discuss.
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7. 7. Write Short Notes on (Any Two)
   • a) Judicial process in pursuit of Constitutional goals and Values
   • b) Accountabilities of Executive
   • c) Doctrine of Precedent
   • d) Judicial Creativity: Tools and Techniques
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