Master of Law (LL.M.) Foundation Course Judicial Process 2018 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Q.P. Code 40949 (attempt any four questions) 100 Marks

1. 1. What is the notion of 'Judicial process'? How far it serves as an instrument of social ordering in India?
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2. 2. Critically analyze the role of Supreme Court with special reference to Judicial Creativity in India. Briefly explain the tools and techniques of Judicial creativity along with its limitations in present scenario.
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3. 3. Discuss in detail the interrelationship between Law and justice with the help of various theories of justice.
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4. 4. Do you think that the procedure of appointment of Judges of Supreme Court and High Court under Indian Constitution ensures the Independence of Judiciary? Justify your answer in the light of Supreme Court Advocates-on Record Association v. Union of India, 1994 case.
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5. 5. Explain the concept of Dharma in Indian thought. How far the notion of Dharma reflects in Indian Legal System.
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6. 6. Write Short Notes on:
   • a) Doctrine of Precedent
   • b) Judicial Review
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7. 7. Write Short Notes on:-
   • a) Judicial Activism v. Judicial Restrain
   • b) Judicial process in pursuit of Constitutional goals and values
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SECTION II - Q.P. Code 40950 (attempt any four questions) 100 Marks

1. 1. According to Benjamin Cordozo," It is when the colours do not match, when references in the index fails, when there is no decisive precedent, then the serious business of the Judges begins." Discuss in detail the nature and scope Judicial process in the light of above statement.
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2. 2. The philosophy of judicial review is rooted in the principles of the law of Constitution, wherein the governments authorities must not do anything which is inconsistent with the fundamental rights. Briefly explain the concept of judicial review in present scenario in India.
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3. 3. Explain in detail the political nature of Judicial process with special reference to the status of National Judicial Commission in India.
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4. 4. "The object of law is to achieve justice which gives recognition to the dignity and decency of every individual." Critically discuss the notion of judicial activism in the light of Sunil Batra v. Delhi Administration Case.
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5. 5. Discuss in detail the interrelationship between Law and justice with the help of various theories of justice
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6. 6. Write Short Notes on:-
   • a) The concept of Dharma in Indian thought
   • b) Judicial creativity: Tools and Techniques
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7. 7. Write Short Notes on:-
   • a) Judicial process in pursuit of Constitutional goals and values
   • b) Institutional liability of Courts : Scope and Limits
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