LLM Foundation Course Judicial Process 2025-26 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. 1. Justice Cardozo observed that "the judicial process at its highest reaches is not discovery, but creation." Examine how the Indian Judiciary has utilized its creative law-making power to evolve new socio-economic rights under various provision of the Constitution.
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2. 2. Critically analyse the evolving judicial activism in balancing "procedural technicalities" with the "substantive protection of fundamental rights" under Articles 14 and 21 of the Constitution. Discuss.
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3. 3. "Dharma in ancient Indian jurisprudence represents righteousness, justice, and duty rather than mere religion." Analyse this statement in relation to the modern principles of Natural Justice and the Rule of Law in India.
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4. 4. "The independence of the judiciary demands that an apex court judge must hold office free from any structural vulnerability or obligation to the political executive." Critically analyse this statement in the context of Independence of judiciary in India.
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5. 5. Discuss in detail the role of Courts in Constitutional adjudication with the help of various grounds of judicial review in India.
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6. 6. "Article 141 of the Constitution of India encapsulates the common law doctrine of stare decisis, yet the Supreme Court of India is not bound by its own decisions." Critically analyse the constitutional framework governing the doctrine of precedent in India and also discuss the circumstances under which the Supreme Court can deviate from its earlier rulings.
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7. 7. Write Short Notes (Any Two)
   • a) Judicial Creativity: Tools and Techniques
   • b) Judicial Accountability
   • c) Dependency Theories of Justice
   • d) Concept of Justice: Liberal Utalitarian tradition
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