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Legal Writing and Legal Language
Previous Year Question Paper with Solution
BA LLB (BLS LLB) 5 Years · Sem 2
2024-25 - ATKT 75/25 Examination
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BA LLB (BLS LLB) 5 Years Sem 2 Legal Writing and Legal Language 2024-25 - ATKT 75/25 Question Paper with Solutions
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First published on munotes.in on 28 October 2026.
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The question paper reproduced here is the paper as set by the University of Mumbai at the 2024-25 - ATKT 75/25 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the 2024-25 - ATKT 75/25 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2024-25 - ATKT 75/25 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.
Duration 2½ hours · Total marks 75 · 21 questions answered
Instructions printed on the paper
- N.B. 1. All questions are compulsory 2. Figures to the right indicate full marks. Please check whether you have got the right question paper.
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Q. 1
Q. 1: Answer in one or two sentences, any 6 out of 8
12 Marks - 2 marks each
(1)Define treaty as a source of law.[2]
Answer
Definition. Article 2(1)(a) of the Vienna Convention on the Law of Treaties, 1969 defines a treaty as "an international agreement concluded between States in written form and governed by international law", "whatever its particular designation". So a convention, covenant, protocol or charter is also a treaty. Under Article 26, "Every treaty in force is binding upon the parties to it and must be performed by them in good faith."
How a treaty becomes a source of Indian law.
- The executive makes it. The power comes from Article 73(1)(b) and entry 14 of the Union List: "Entering into treaties and agreements with foreign countries".
- Parliament turns it into law. Under Article 253, Parliament may make any law "for implementing any treaty, agreement or convention", even on a State subject. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 says it is made "for giving effect to" the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which India ratified in 1993.
- Courts read Indian law in harmony with it. Article 51(c) asks the State to "foster respect for international law and treaty obligations". In Vishaka v. State of Rajasthan, AIR 1997 SC 3011, where no Indian law covered sexual harassment at work, the Court read CEDAW into the fundamental rights.
The limit. India is dualist: a treaty does not change Indian law by itself. If the two conflict, the Indian law prevails. In Jolly George Verghese v. Bank of Cochin, (1980) 2 SCC 360, the Court said: "until the municipal law is changed to accommodate the Covenant what binds the court is the former, not the latter."
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