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BLS LLB 5 Years Sem 3 Political Science 2 2024-25 - ATKT 75/25 Question Paper with Solutions

Mumbai University Solved Question Papers

Political Science 2

Previous Year Question Paper with Solution

BLS LLB 5 Years · Sem 3

2024-25 - ATKT 75/25 Examination

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Mumbai

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First published on munotes.in on 10 August 2026.

This edition revised 11 August 2026.

Published by munotes.in, Mumbai.

Model answers written and edited by the munotes.in editorial desk.

Passages from this volume may be quoted, in print, online or by an AI system, with credit: name munotes.in and link to this volume's page. The volume may not be reproduced as a whole. Full terms at munotes.in/content-license.

munotes.in is an independent study resource for students of the University of Mumbai. It is not affiliated with the University of Mumbai, and is not endorsed by it.

The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.

The question paper reproduced here is the paper as set by the University of Mumbai at the 2024-25 - ATKT 75/25 examination.

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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

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.

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SECTION I

Q. No. 1: Answer the following questions in two sentences

any Six · (12 Marks - 2 marks each)

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1.Explain the De-Facto Authority with an example.[2]

Answer

De facto authority is authority exercised in fact, without a valid legal title. The Latin phrase means "concerning the fact". The holder actually controls the territory and is actually obeyed, but he did not acquire the position by the procedure the law prescribes, so he has effective power without legal right.

It is contrasted with de jure authority, which is authority by law and by right.

Example: a government installed by a military coup, such as the military regimes in Pakistan or Myanmar, which governs the country and is obeyed, but which came to power outside the constitution. A government in exile is the reverse case: de jure but not de facto.

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2.What is the Force Theory of Political Obligation?[2]

Answer

The force theory holds that the state originated in force and rests on force, and that the citizen obeys because the state is stronger than he is. The state was created when a strong man or tribe subjugated the weak, and political obligation is simply the recognition of superior might. "War begat the king" is its usual summary.

Its propositions are that might is the basis of right, that the state is an instrument of coercion, and that obedience is secured by fear of punishment.

Its exponents: in a sense Machiavelli, and among modern writers the Marxists, who treat the state as an instrument by which the dominant class holds down the rest. Nietzsche and the German writers on power politics developed it further.

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3.Write four reasons for the ethical decay of democracy.[2]

Answer

Ethical decay of democracy means the erosion of the moral standards, conventions and public spirit on which democratic institutions depend, so that the machinery of democracy survives while its spirit drains away.

Four reasons:

  1. Criminalisation of politics: candidates with serious criminal cases contesting and winning, so that money and muscle rather than merit decide selection.
  2. Corruption and the use of public office for private gain, which turns a citizen's right into a favour to be paid for.
  3. Opaque political funding and the rising cost of elections, which makes politics dependent on those who can finance it and hides who has bought influence.
  4. Communal, caste and identity appeals, which convert an election from a contest over policy into a census of communities.
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Others that would earn the marks: defection and horse-trading; misinformation and paid news; dynastic control and the absence of inner-party democracy; populism and competitive promises of subsidies; and voter apathy and an uninformed electorate.

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4.What is the difference between a political party and an interest group?[2]

Answer

A political party is an organised body of citizens holding common views on public questions, which acts as a unit to capture political power through constitutional means. An interest group, also called a pressure group, is an organised association which seeks to influence government policy in its members' interest without seeking office itself.

BasisPolitical partyInterest group
AimTo capture power and form governmentTo influence policy from outside
ElectionsContests elections, puts up candidatesDoes not contest as such; may support candidates
ScopeBroad programme covering the whole range of policyNarrow, one interest or issue
AccountabilityAnswerable to the whole electorateAnswerable only to its own members
MembershipOpen to all citizensRestricted to those sharing the interest
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Indian examples of interest groups: FICCI, CII and ASSOCHAM (business); INTUC, AITUC and BMS (labour); the Bar Council of India and the Indian Medical Association (professional).

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5.Explain the concept of 'Laissez Faire'.[2]

Answer

Laissez faire is a French expression meaning "let do" or "leave alone". In political theory it is the doctrine of classical, negative liberalism: the state should confine itself to maintaining law and order, defence and justice, and should not interfere with the economic or private lives of individuals.

Its claims are that the individual is the best judge of his own interest, that free competition and free trade allocate resources most efficiently, and that state interference does more harm than good. Adam Smith is its classic exponent, with the metaphor of the invisible hand, and the state it produces is called the police state or night-watchman state.

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6.Briefly explain Pareto's theory of the Circulation of Elite.[2]

Answer

Vilfredo Pareto (1848 to 1923) held that every society is ruled by an elite, a small minority with the highest ability, but that no elite lasts. Elites decay and are continually replaced by new elites rising from below. History, in his phrase, is "a graveyard of aristocracies".

The mechanism. Pareto divided rulers into two psychological types, borrowed from Machiavelli:

  1. Lions, who are conservative, loyal and attached to tradition, and who rule by force.
  2. Foxes, who are cunning, innovative and manipulative, and who rule by fraud and combination.

Neither can govern indefinitely: a regime of foxes loses the will to use force and falls to rising lions; a regime of lions becomes rigid and lets in the foxes. Government therefore oscillates between the two, and that oscillation is the circulation of elites.

Circulation happens in two ways: gradually and peacefully where the elite is open and recruits able individuals from below, and violently by revolution where the elite is closed and talent is shut out.

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7.State the rationale for the state's imposition of punishment.[2]

Answer

Punishment is imposed by the state and not by the victim, and the rationale is:

  1. To maintain public order and the rule of law. A crime is treated as a wrong against the whole community, not merely against the individual injured, so the community prosecutes and punishes.
  2. To prevent private revenge and blood feud. By taking retribution into public hands the state stops the cycle of vengeance that private punishment would produce.
  3. To deter the offender and others from committing the offence.
  4. To reform the offender so that he can return to society.
  5. To protect society by disabling dangerous offenders.
  6. To vindicate the law and the victim, and to reassure the public that the law is real.

The state alone may do this because it holds, in Weber's phrase, the monopoly of the legitimate use of physical force, and because impartial punishment requires a judge who is not a party to the dispute.

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8.What is participatory democracy?[2]

Answer

Participatory democracy is a form of democracy in which citizens take a direct and continuing part in making the decisions that affect them, instead of confining their role to electing representatives once every few years. It lies between direct democracy, where the people decide everything themselves, and representative democracy, where they only choose those who decide.

Its features: continuous involvement rather than participation limited to election day; decision-making at the level closest to the people, which requires decentralisation; deliberation, so that decisions emerge from public discussion; and transparency, since a citizen cannot participate in what he is not permitted to know.

Its Indian forms: the Gram Sabha under Article 243A, which is the whole electorate of a village meeting in person; Ward Committees under Article 243S; social audits of MGNREGA works; the Right to Information Act, 2005; and public hearings in environmental clearance.

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SECTION II

Q. No. 2: Write short notes on any two

12 Marks - 6 marks each

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9.Max Weber's Classification of Authority.[6]

Answer

Max Weber (1864 to 1920), the German sociologist, distinguished power from authority and then classified authority by the ground of its legitimacy, that is, by the reason people believe the command ought to be obeyed. His threefold classification, set out in Economy and Society, is the standard framework of the subject.

Power and authority first. Power is "the probability that an actor within a social relationship will be in a position to carry out his own will despite resistance". Authority is legitimate power: power accepted as rightful, so that obedience is voluntary. Weber's question is what makes people accept it, and he found three answers.

1. Traditional authority

Basis: "an established belief in the sanctity of immemorial traditions". People obey because the ruler occupies a position that custom has always sanctioned.

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Features: authority is inherited by birth and succession; obedience is owed to the person, not to an office; the ruler is bound by custom rather than enacted law; administration is personal, with retainers chosen for loyalty and kinship rather than merit; and the system is conservative, since innovation attacks the source of authority itself.

Sub-types: patriarchalism, patrimonialism and feudalism. Examples: hereditary monarchy, tribal chieftainship, the caste-sanctioned village elder.

2. Charismatic authority

Basis: devotion to the exceptional personal qualities of an individual, his "gift of grace", heroism or exemplary character.

Features: obedience is owed to the person of the leader and is intensely personal; the leader is revolutionary, and may set aside existing rules, "it is written, but I say unto you"; there is no settled administration, only disciples and followers; and it is inherently unstable, because it depends on the leader's continuing ability to inspire and has no rule of succession.

Examples: the prophet, the war hero, the revolutionary leader. Gandhi, Napoleon, Hitler and Nelson Mandela are the names usually offered.

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Routinisation of charisma. Because it dies with the leader, charismatic authority must convert itself into something transmissible: either into traditional authority by making succession hereditary, or into legal-rational authority by creating offices and rules. Weber called this process routinisation, and it is his most original contribution here.

3. Legal-rational authority

Basis: belief in the legality of enacted rules and in the right of those elevated to authority under those rules to issue commands.

Features: obedience is owed to the office and the law, not to the person; authority is impersonal, defined and limited by rules, so that an act beyond competence is void; officials are recruited by merit through examination, are salaried, and follow a career; there is a clear separation between the official's private life and his office; and administration is by written records, hierarchy and specialisation, which is bureaucracy.

Examples: the modern constitutional state, the civil service, the courts, a company board, a university.

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Assessment

Merits: the classification is simple, universal and comparative; it explains the basis of obedience rather than merely describing who rules; and it supplies a theory of historical change through routinisation and rationalisation.

Criticisms: the three are ideal types and never occur pure, so every real regime is a mixture; the categories are not exhaustive, since Weber has no comfortable place for authority resting on expertise or on ideology; charisma is subjective and hard to identify except after the event; and the scheme ignores the economic basis of authority that Marx put at the centre.

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10.Gandhian Techniques of Resistance Against Unjust Laws.[6]

Answer

Gandhi's answer to the unjust law is Satyagraha, "holding firmly to truth", a technique of resistance that is non-violent, open, and willing to accept the legal penalty. It rests on two pillars, Satya (truth) and Ahimsa (non-violence), and on the principle that the means must be as pure as the end.

Its essential conditions, which distinguish it from ordinary law-breaking:

  1. The resistance must be non-violent in thought, word and deed.
  2. It must be open and public, never secret, so that it is an appeal to conscience and not an evasion.
  3. The resister must accept the punishment willingly, which is what demonstrates his sincerity and his respect for law in general.
  4. The aim is to convert the opponent, not to defeat or humiliate him, since he too may hold part of the truth.
  5. The resister must first have obeyed the law generally and exhausted lawful means: petition, negotiation and arbitration come before disobedience.
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  1. He must undergo self-purification, fasting, prayer and discipline, before offering resistance.
  2. Only a specific unjust law is disobeyed, not the legal order as a whole.

The techniques:

  1. Non-cooperation. Withdrawing all voluntary support from the government: boycotting its courts, schools, legislatures and titles, so that the administration, which depends on the cooperation of the governed, ceases to function. Used in the Non-Cooperation Movement, 1920 to 1922.
  2. Civil disobedience. Deliberately and openly breaking a specific unjust law and accepting the penalty. The Salt Satyagraha and Dandi March, 1930, is the classic instance, and Gandhi distinguished defensive civil disobedience, refusing an unjust command, from aggressive civil disobedience, actively breaking the law to challenge it.
  3. Fasting. Self-suffering to awaken the conscience of the opponent or of one's own followers. Gandhi insisted it must never be used to coerce someone with no moral connection to the fasting person, or it becomes blackmail.
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  1. Hartal and strike. Voluntary suspension of work and business as a mark of protest and mourning.
  2. Picketing and boycott. Peaceful persuasion outside shops selling foreign cloth or liquor, and the boycott of foreign goods, paired with swadeshi, the positive use of Indian goods.
  3. Hijrat. Voluntary migration out of the jurisdiction of the oppressor, where resistance on the spot is impossible.
  4. Constructive programme. Khadi, village industry, removal of untouchability, communal unity, basic education and prohibition, which build the alternative society while the old one is being resisted. Gandhi regarded this as the more important half, because resistance alone destroys and does not create.

Merits: it is available to the weak and the unarmed; it wins moral authority and public sympathy; it leaves the possibility of reconciliation open, so the society that emerges is not poisoned; and it proved effective against the British in India, and later in the hands of Martin Luther King Jr in the United States and of the anti-apartheid movement.

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Criticisms: it is slow, and demands enormous discipline from large numbers of people; it presupposes an opponent with a conscience and a free press to report the suffering, and would have been useless against a wholly ruthless regime; mass movements are difficult to keep non-violent, as Chauri Chaura in 1922 showed, when Gandhi suspended the movement after a mob killed policemen; and Ambedkar argued that the technique served the national struggle better than it served the socially oppressed within India.

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11.Challenges to Indian Democracy.[6]

Answer

India is the world's largest democracy, and by the basic tests it has succeeded: regular elections, peaceful transfers of power, high turnout, a written Constitution and an independent judiciary. The challenges below are to the quality and spirit of that democracy rather than to its existence.

  1. Poverty, illiteracy and inequality. A voter who is poor, illiterate and dependent is vulnerable to inducement and pressure, and cannot exercise the franchise as an informed choice. Ambedkar warned on 25 November 1949 of the contradiction of entering a life of "one person one vote and one vote one value" while social and economic life denied equality.
  2. Casteism and communalism. Elections fought on the basis of caste and religious identity rather than policy, and candidates selected for the community they can deliver. Section 123(3) of the Representation of the People Act, 1951, makes such an appeal a corrupt practice, and Abhiram Singh v C.D. Commachen (2017) read it broadly, but enforcement is difficult.
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  1. Criminalisation of politics. A large and rising proportion of legislators facing serious criminal charges. The courts have required disclosure of antecedents in Union of India v Association for Democratic Reforms (2002) and immediate disqualification on conviction in Lily Thomas v Union of India (2013), but disqualification still requires a conviction and trials are slow.
  2. Corruption, from petty bribery to large scandals, which converts a citizen's right into a favour that must be paid for.
  3. Money and opaque political funding. The cost of contesting far exceeds lawful limits, and the source of funds has been hidden. The electoral bonds scheme was struck down as unconstitutional in Association for Democratic Reforms v Union of India (2024) for violating the voter's right to information under Article 19(1)(a).
  4. Defection and horse-trading, which defeat the voter's choice. The Tenth Schedule, added in 1985 and tightened in 2003, has been evaded by mass resignation and re-election.
  5. Absence of inner-party democracy and dynastic control. Organisational elections are rarely held, and many parties are effectively the property of a family, so the choice offered to the voter is decided by a very few people.
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  1. Regionalism, separatism and insurgency in some regions, and the tension between national unity and regional aspiration.
  2. Weakening of legislative deliberation: fewer sitting days, bills passed with little debate, growing use of the money bill route and of ordinances, and the decline of committee scrutiny.
  3. Misinformation and the degradation of public discourse, accelerated by social media, paid news and coordinated campaigns, which attacks the informational basis of a free vote.
  4. Population, unemployment and administrative capacity, which strain the delivery of the welfare the Constitution promises and so erode faith in the system.
  5. Gender inequality in political representation, though the reservation of one-third of seats in local bodies by the 73rd and 74th Amendments, and the 106th Amendment, 2023, providing for reservation for women in the Lok Sabha and State Assemblies, address it.
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The remedies commonly proposed: state funding of elections with strict expenditure limits and full disclosure; statutory inner-party democracy and audited party accounts, as the Law Commission's 255th Report recommended; fast-track trials for legislators facing charges; strengthening the independence of the Election Commission; guaranteed minimum sitting days and mandatory committee scrutiny of bills; electoral literacy and civic education; and effective implementation of the Right to Information Act, 2005.

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12.Socialism's influence on the Indian Constitution.[6]

Answer

India adopted democratic socialism: social and economic transformation pursued by law and by consent within a parliamentary democracy, retaining private property in a mixed economy. The influence runs through the whole document.

1. The Preamble

The word SOCIALIST was inserted by the 42nd Amendment, 1976. The Preamble also promises JUSTICE, social, economic and political, and EQUALITY of status and of opportunity. In Excel Wear v Union of India (1978) the Supreme Court read this as democratic socialism, a mixed economy pursuing social justice, not the abolition of private enterprise.

2. The Directive Principles, Part IV, the core socialist content

  1. Article 38: the State shall secure a social order for the welfare of the people and minimise inequalities in income, status, facilities and opportunities.
  2. Article 39(a): adequate means of livelihood for all citizens.
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  1. Article 39(b): ownership and control of material resources distributed to subserve the common good.
  2. Article 39(c): the economic system shall not result in the concentration of wealth to the common detriment.
  3. Article 39(d): equal pay for equal work for men and women.
  4. Article 41: right to work, education and public assistance in old age, sickness, disablement and unemployment.
  5. Article 42: just and humane conditions of work, and maternity relief.
  6. Article 43: a living wage and decent conditions, and cottage industries in rural areas.
  7. Article 43A: participation of workers in the management of undertakings.
  8. Article 47: raising the level of nutrition and public health.
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3. Fundamental Rights with a socialist edge

Article 14, 15(4), 16(4) and 46 authorise the reservations that redistribute opportunity; Article 17 abolishes untouchability; Article 23 prohibits forced labour, applied to bonded labour and to payment below the minimum wage in People's Union for Democratic Rights v Union of India (1982); Article 24 prohibits the employment of children below fourteen in factories and hazardous work; and Article 21A, added by the 86th Amendment, 2002, makes education a fundamental right for children aged six to fourteen.

4. Amendments carrying the programme

The First Amendment, 1951, added Articles 31A and 31B and the Ninth Schedule to protect land reform and the abolition of zamindari. The 25th Amendment, 1971, added Article 31C, giving primacy to Articles 39(b) and (c). The 44th Amendment, 1978, removed the right to property from the Fundamental Rights, making it a constitutional right under Article 300A, which is the clearest doctrinal mark of socialism in the text.

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5. Judicial expansion

Article 21 has been read to include the right to livelihood in Olga Tellis v Bombay Municipal Corporation (1985), to health and emergency medical care in Paschim Banga Khet Mazdoor Samity v State of West Bengal (1996), and to shelter, food and a clean environment. The courts have used the Directive Principles to interpret the Fundamental Rights, which is how a non-justiciable Part IV acquired practical force.

6. Legislation and programmes

The Mahatma Gandhi National Rural Employment Guarantee Act, 2005; the Right of Children to Free and Compulsory Education Act, 2009; the National Food Security Act, 2013; the Minimum Wages Act, 1948, and the labour codes; and health cover through Ayushman Bharat.

Assessment. The Constitution is not socialist in the Marxist sense: private property survives, the market allocates most resources, and the economic liberalisation of 1991 required no constitutional amendment. What it establishes is a welfare state committed to social justice, in which the Directive Principles are non-justiciable but, under Article 37, "nevertheless fundamental in the governance of the country".

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SECTION III

Q. No. 3: Answer any two questions

12 Marks - 6 marks each

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13.In recent years, political leaders in various countries have been criticized for overstepping their authority and concentrating power. (i) Analyze the difference between power and authority. (ii) How can the misuse of authority impact democratic governance?[6]

Answer

(i) Power and authority distinguished

Power is the capacity to make others behave as one wishes even against their will. Max Weber: the probability that an actor within a social relationship will carry out his own will despite resistance. Authority is legitimate power, the recognised right to command, so that obedience is given because it is thought proper rather than because refusal is costly.

BasisPowerAuthority
MeaningThe capacity to compel obedienceThe rightful capacity to command
LegitimacyMay be legitimate or illegitimate; a blackmailer has powerAlways legitimate by definition
Basis of obedienceFear of consequencesAcceptance of the right to command
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BasisPowerAuthority
NatureOften personal, attaching to strength, wealth or followingInstitutional, attaching to an office defined by rules
LimitsLimited only by the resistance it meetsLimited by the rules that confer it; an act beyond competence is void
ScopeDiffuse, extending as far as it can reachDefined and specific in subject, territory and time
CostNeeds continuing coercion, and is expensiveObedience is voluntary, and therefore cheap
ExampleA junta after a coup; a mafia donAn elected government; a judge; a Collector

The relation. Authority is a species of power, namely legitimate power. Authority without power is empty, as with a government in exile; power without authority is unstable, which is why usurpers seek referendums and constitutions.

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The point of the facts. A leader who "oversteps his authority" is doing something precise: he is exercising power outside the office, and therefore acting without authority at all. This is the doctrine of ultra vires. He may still be obeyed, because he commands the machinery of the state, but the act is void rather than merely wrong, and the distinction between power and authority is exactly what makes that judgment possible.

(ii) How the misuse of authority damages democratic governance

  1. It destroys the rule of law. When power is exercised outside the rules that confer it, the citizen can no longer predict what the state will do, and law ceases to be a shield.
  2. It concentrates power and defeats the separation of powers. Democratic constitutions distribute authority between legislature, executive and judiciary, and between Union and States, precisely so that no organ can act alone. Misuse pulls those functions into one set of hands.
  3. It erodes legitimacy. Legitimacy depends on the belief that power is being exercised rightfully; each abuse withdraws a little of that belief, and a government that loses it is driven back on coercion, which is expensive and self-defeating.
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  1. It weakens the institutions of accountability. Pressure on the election authority, the audit body, the investigating agencies, the media and the courts removes the mechanisms that would correct the abuse, so the damage compounds.
  2. It suppresses dissent and the opposition. Misuse of investigative agencies, sedition and public order laws, and licensing powers against critics converts political disagreement into a legal risk, and a democracy without a functioning opposition is a form without a function.
  3. It produces corruption, since power exercised without limit is power exercised without scrutiny.
  4. It leads to democratic backsliding. The characteristic modern danger is not the coup but the elected government that hollows out democracy from within, each step formally lawful, leaving elections in place while removing what makes them meaningful.
  5. It ultimately invites instability. Where lawful channels of change are blocked, pressure finds unlawful outlets, which is the situation the right to resistance was formulated to describe.
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The safeguards in the Indian system are worth naming: judicial review and the writ jurisdiction under Articles 32 and 226; the basic structure doctrine of Kesavananda Bharati v State of Kerala (1973); federalism and the restraint on Article 356 laid down in S.R. Bommai v Union of India (1994); an independent Election Commission under Article 324; the Comptroller and Auditor General; a free press under Article 19(1)(a); the Right to Information Act, 2005; and, in the last resort, periodic elections.

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14.In the 1995 case of Bhavari Devi, a social worker from the Dalit community was gang-raped while attempting to prevent a child marriage. The trial court judge, while acquitting the accused, allegedly stated that 'an upper-caste man could not have raped a lower-caste woman'.[6]

Answer

Using this example, (i) Analyze how implicit bias can influence judicial decisions. (ii) What steps can be taken to address them within the judiciary?

The case is that of Bhanwari Devi, a saathin employed under the Rajasthan Government's Women's Development Programme, who was gang-raped in September 1992 in retaliation for trying to stop a child marriage in her village. The trial court acquitted the accused in November 1995, and the reasoning attributed to it included the proposition that men of an upper caste would not have assaulted a woman of a lower caste. The case led directly to the Supreme Court's judgment in Vishaka v State of Rajasthan (1997), which laid down binding guidelines against sexual harassment at the workplace.

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(i) How implicit bias influences judicial decisions

Implicit bias is an unconscious association, absorbed from social conditioning, which affects judgment without the person being aware of it. It is not the same as open prejudice: the judge need not intend to discriminate, and would usually deny doing so.

The ways it operates:

  1. Assessment of credibility. Bias affects who is believed. A complainant from a marginalised caste, class or gender may be treated as less reliable, her account as exaggerated, her delay in complaining as suspicious rather than as the predictable consequence of fear.
  2. Assumptions passed off as common sense. The reasoning attributed in this case, that an upper-caste man "could not" have assaulted a lower-caste woman, is a social prejudice about caste purity presented as an inference about probability. This is the mechanism at its most visible: a stereotype doing the work of evidence.
  3. Selective weighing of evidence, and confirmation bias. Facts consistent with the expected picture are given weight; facts inconsistent with it are explained away.
  4. Character judgments about the victim. Notions of the "ideal victim" and of a woman's past conduct, which the law has had to exclude expressly.
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  1. Sentencing disparity. Studies across jurisdictions find that offenders from marginalised groups receive heavier sentences for comparable offences.
  2. Interpretation of open-textured standards. Words like "reasonable", "grave provocation", "cruelty" and "public morality" leave room for the judge's own social assumptions to enter.
  3. Institutional composition. A bench drawn narrowly from particular castes, classes and one gender will share a narrow set of assumptions, so nothing inside the institution corrects them.

Why it matters constitutionally. It defeats Article 14, equality before the law and the equal protection of the laws; Article 15, the prohibition of discrimination on grounds of caste and sex; and the guarantee of a fair trial under Article 21. Justice must be administered impartially in fact, not merely in intention.

(ii) Steps to address it within the judiciary

  1. Diversity in judicial appointments, across caste, class, region, religion and gender, so that a wider range of experience sits on the bench and assumptions are challenged from inside. The very low proportion of women and of SC, ST and OBC judges in the higher judiciary is the standing criticism of the collegium system.
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  1. Sensitisation and continuing judicial education, delivered through the National Judicial Academy and the State judicial academies, on gender, caste, disability and child rights, including training that makes unconscious bias visible rather than merely condemning prejudice.
  2. Reasoned judgments and appellate correction. A judge who must record reasons exposes the inference to scrutiny, and appeal and revision allow the error to be corrected. The Supreme Court has repeatedly set aside such reasoning, including in Aparna Bhat v State of Madhya Pradesh (2021), where it expressly deprecated stereotyping in bail orders and issued directions on language and on judicial training.
  3. Legislative removal of the room for bias. Section 146 of the Indian Evidence Act was amended in 2003 to bar questions about a rape complainant's general immoral character, and the position is carried into the Bharatiya Sakshya Adhiniyam, 2023. The Criminal Law (Amendment) Act, 2013, following the Justice Verma Committee, redefined the offences and made the presumption of absence of consent operative in specified cases.
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  1. Procedural safeguards: in-camera proceedings, protection of the complainant's identity, recording of the victim's statement by a woman officer or magistrate, and support persons, all of which reduce the situations in which a stereotype can affect the process.
  2. Special courts and trained prosecutors for offences against women and under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, together with time limits for disposal.
  3. Transparency and data. Publishing disaggregated data on acquittal, conviction and sentencing allows patterns of bias to be detected, which is impossible when outcomes are not measured.
  4. Guidelines on judicial language. The Supreme Court's Handbook on Combating Gender Stereotypes (2023) identifies stereotyped language used in judgments and supplies alternatives, which is a direct institutional response to this problem.
  5. Accountability mechanisms: in-house procedures, and the constitutional process of removal under Articles 124(4) and 217 for proved misbehaviour, though that is reserved for the gravest cases.
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15.The Federation of Indian Chambers of Commerce & Industry (FICCI) is a prominent interest group in India that actively lobbies the government on various economic and industrial policies. In recent years, FICCI has played a key role in advocating for corporate tax cuts and regulatory reforms.[6]

Answer

(i) How does an interest group influence public policy through lobbying? (ii) What are the potential drawbacks of such lobbying efforts on government decision-making and democratic processes?

(i) How an interest group influences policy through lobbying

Lobbying is the attempt to persuade legislators, ministers and officials to adopt a decision favourable to the group. The word comes from the lobby of the legislature, where those seeking to influence members waited to meet them.

The methods:

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  1. Direct access and representation. Meetings with ministers and secretaries, memoranda, pre-budget representations. FICCI, CII and ASSOCHAM make formal pre-budget submissions to the Ministry of Finance each year, which is the most institutionalised form of lobbying in India.
  2. Supplying information and technical expertise. Research, data, draft clauses and impact assessments. This is lobbying's most legitimate face: legislators and ministries have limited technical capacity, and organised interests have the specialists.
  3. Appearing before parliamentary committees, official consultations and expert committees, and responding to draft rules put out for comment.
  4. Membership of official bodies. Industry representatives sit on advisory councils, regulatory consultative committees and trade delegations, which gives continuous access from inside.
  5. Campaign finance and electoral support, funding parties and candidates sympathetic to the group's position.
  6. Indirect or grassroots lobbying. Shaping public opinion through the media, advertising, opinion pieces, seminars and reports, so that pressure reaches the decision-maker from the public and not only from the group.
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  1. Litigation, including public interest litigation, to challenge or defend a policy in court.
  2. Coalition building with other associations, and, in the case of business, invoking arguments about investment, employment and competitiveness, which carry weight because governments are judged on growth.

Why it works. Government needs three things that organised interests supply: information it cannot generate itself, consent from those who must implement or comply with a policy, and support at election time.

(ii) The drawbacks for decision-making and democracy

  1. Unequal access. Well-resourced groups, above all business, can afford professional advocacy, research and permanent secretariats; the poor, the unorganised, informal workers and the diffuse general public cannot. Influence therefore follows money and organisation rather than numbers, which cuts against the democratic principle that each is to count for one.
  2. Concentrated benefits, diffuse costs. A tax concession worth a great deal to a few firms is worth a very little to each of many taxpayers, so the beneficiaries organise and the losers do not. This is the structural reason lobbying tends to produce policy that serves narrow interests.
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  1. Corruption at the extreme, where persuasion becomes payment: bribery, quid pro quo, and the purchase of legislative outcomes.
  2. Regulatory capture. The regulator comes to see the industry's interests as the public interest, because the industry is the source of its information and often of its personnel. The revolving door, in which officials move to the sector they regulated, entrenches this.
  3. Opacity. In India lobbying is neither prohibited nor regulated: there is no statutory register of lobbyists, no disclosure of meetings and no legislative footprint. The citizen therefore cannot know who shaped a law, which defeats the transparency democracy requires. The Radia tapes episode of 2010 made this a public question.
  4. Distortion of the policy agenda. Issues important to organised interests crowd out issues important to the unorganised, so that questions of corporate taxation are debated continuously and questions of, say, informal labour are not.
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  1. Weakening of the representative principle. Legislators elected by a territorial constituency come under sustained pressure from interests that no constituency chose, which blurs the line of accountability.
  2. Erosion of public trust, because the perception that policy is bought is corrosive whether or not it is accurate.

Reforms proposed: a statutory register of lobbyists with mandatory disclosure, as under the United States Lobbying Disclosure Act, 1995, and the European Union transparency register; publication of a legislative footprint recording who was consulted on a bill; disclosure of ministers' and officials' meetings; cooling-off periods before officials join industries they regulated; transparent political funding, which the Supreme Court addressed in Association for Democratic Reforms v Union of India (2024) when it struck down the electoral bonds scheme; and strengthening the capacity of parliamentary committees so that legislators are less dependent on industry for information.

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16.Bhagat Singh, in his resistance to colonial rule and pursuit of complete independence, adopted several tactics, including throwing bombs in the Assembly in 1929 in protest against the Trade Dispute Bill and the Public Safety Bill, and later willingly surrendered to the police.[6]

Answer

The Trade Dispute Bill banned strikes in industry and the Public Safety Bill gave power to the government to detain anyone without a trial. Subsequently, he went on a hunger strike while in prison to demand better treatment for Indian prisoners, highlighting the inhumane conditions under colonial authority.

(i) Analyze Bhagat Singh's strategies in challenging the unjust laws. (ii) How were Bhagat Singh's strategies different from Gandhian?

(i) Bhagat Singh's strategies analysed

Bhagat Singh (1907 to 1931) was a revolutionary of the Hindustan Socialist Republican Association, executed at Lahore on 23 March 1931 with Rajguru and Sukhdev. His strategies were:

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  1. Symbolic, deliberately non-lethal direct action. On 8 April 1929 he and Batukeshwar Dutt threw two low-intensity bombs into an empty part of the Central Legislative Assembly, timed so that nobody would be killed, and scattered leaflets. The stated purpose was taken from the French anarchist Vaillant: "to make the deaf hear". The target was two measures the Assembly was about to pass over Indian opposition: the Trade Disputes Bill, restricting the right to strike, and the Public Safety Bill, allowing detention without trial. The action was therefore aimed at unjust laws and at the illegitimacy of a legislature that could pass them against the wishes of the elected Indian members.
  2. Voluntary surrender, and refusal to escape. He did not flee. Arrest was part of the plan, because the object was not to destroy but to be tried in public.
  3. Use of the trial as a platform. He and Dutt made the courtroom a stage for their political argument, and their statement, that force used to advance a legitimate cause has moral justification, and their slogan "Inquilab Zindabad", reached a national audience through the press. This is resistance conducted through publicity, not through violence.
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  1. The hunger strike. From June 1929 he led a 116-day fast demanding that Indian political prisoners be treated on the same footing as European prisoners: proper food, clothing, books and newspapers. Jatindra Nath Das died on the 63rd day, and the resulting public outrage forced concessions. This is self-suffering as a political weapon, the same instrument Gandhi used.
  2. Ideological writing. From prison he wrote Why I am an Atheist and other essays, arguing for socialism, against communalism and against the exploitation of workers and peasants. He was explicit that independence without social and economic transformation would merely change the rulers.

The character of the strategy. Bhagat Singh's method is best described as propaganda by deed attached to a socialist revolutionary programme. Violence was symbolic and instrumental, chosen to compel attention and to secure a public trial, not to inflict casualties; and the elements that gave it force, surrender, trial and hunger strike, were not violent at all.

(ii) How his strategies differed from the Gandhian

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BasisGandhiBhagat Singh
Attitude to violenceAbsolute non-violence; ahimsa is a moral principle admitting no exceptionViolence is legitimate where it serves a just cause, though he limited it to symbolic acts
Means and endsInseparable; an impure means cannot reach a pure endThe end can justify the means, provided the means are proportionate and the cause just
MethodMass satyagraha: non-cooperation, civil disobedience, boycott, constructive programmeRevolutionary action by a small dedicated cadre, plus propaganda and organisation
BaseMass movement involving millionsA small, disciplined vanguard of committed revolutionaries
Aim of the struggleIndependence, and the moral transformation of both peoples; convert the opponentComplete independence plus a socialist revolution; the enemy is British rule and the exploiting classes together
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BasisGandhiBhagat Singh
IdeologyReligious and ethical; truth, ahimsa, trusteeship, SarvodayaMarxist and atheist; class struggle, abolition of exploitation
Economic programmeDecentralised village economy, trusteeship, khadiIndustrialisation under social ownership, workers' and peasants' power
Attitude to the opponentTo be converted, never humiliatedTo be defeated and removed
View of the stateViolence in concentrated form; the ideal is minimum stateThe state is an instrument of class rule; it must be captured and transformed

Their common ground, which the best answers state: both rejected the legitimacy of colonial rule and of laws made without Indian consent; both were prepared to accept punishment and used self-suffering, in the fast and the hunger strike, as a political weapon; both used their trials as public platforms; both were fearless of death; and both regarded political independence as incomplete without social change, though they disagreed entirely about what that change was.

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SECTION IV

Q. No. 4: Answer the following questions in detail

any Three · (39 Marks - 13 marks each)

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17.What are the basic principles of Utilitarianism? Compare the utilitarianism of J. Bentham with the philosophy of J. S. Mill.[13]

Answer

For full marks, cover: the meaning of utilitarianism and its six or seven basic principles, Bentham's version with the felicific calculus and his positions on rights, punishment and democracy, then Mill's revisions on quality of pleasure, liberty, the majority and the state, a full comparison, and an assessment of whether Mill's amendments rescue or undermine the doctrine.

Meaning

Utilitarianism is the doctrine that the rightness of any action, law or institution depends solely on its consequences, and specifically on whether it produces the greatest happiness of the greatest number. It is consequentialist, rejecting the view that acts are right or wrong in themselves, and hedonistic, treating pleasure as the only good and pain as the only evil. It grew out of liberalism, and its founder is Jeremy Bentham, with James Mill and J.S. Mill as its principal developers.

Basic principles of Utilitarianism

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  1. The principle of utility. The greatest happiness of the greatest number is the measure of right and wrong. An action is right in proportion as it tends to promote happiness, wrong as it tends to produce the reverse.
  2. Psychological hedonism. "Nature has placed mankind under the governance of two sovereign masters, pain and pleasure. It is for them alone to point out what we ought to do, as well as to determine what we shall do." Man both is and ought to be moved by them. This is Bentham's sovereignty of two masters.
  3. Consequentialism. No act has moral quality in itself; everything depends on what it brings about. Motives are irrelevant except as evidence of likely consequences.
  4. Measurability. Pleasures and pains can be compared and computed, by the felicific calculus: intensity, duration, certainty, propinquity, fecundity, purity and extent.
  5. Egalitarian counting. "Each is to count for one, and nobody for more than one." No person's happiness counts for more because of birth or rank, which makes the doctrine democratic in its implications.
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  1. Rejection of natural rights and of tradition. Natural rights are "nonsense upon stilts". Rights are created by law, law is justified by utility, and no custom carries authority merely from age.
  2. Individualism. Society is a "fictitious body" composed of individuals; the interest of the community is nothing more than the sum of the interests of its members.
  3. Reform as the practical programme. Since every institution must justify itself by results, the criminal law, the poor law, the prisons and the franchise were all open to reassessment.

Jeremy Bentham (1748 to 1832)

  1. Quantitative hedonism: pleasures differ only in quantity, never in worth. "Quantity of pleasure being equal, pushpin is as good as poetry."
  2. The felicific calculus as a method for legislation.
  3. Punishment is itself a mischief, admissible only to prevent a greater mischief; its aim is deterrence, and it must be proportioned so that the pain slightly exceeds the profit of the offence.
  4. Democracy: universal suffrage, annual parliaments and the secret ballot follow from equal counting.
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  1. Law reform: codification, and the systematic criticism of the common law. His followers, the Philosophical Radicals, carried much of this into legislation.
  2. The state: broadly laissez faire in economics, but active in legal and administrative reform.

John Stuart Mill (1806 to 1873)

Educated by his father to be Bentham's heir, Mill revised the doctrine substantially after a mental crisis in his twenties.

  1. Qualitative hedonism. Pleasures differ in quality, and some are intrinsically higher. "It is better to be a human being dissatisfied than a pig satisfied; better to be Socrates dissatisfied than a fool satisfied." The test is the preference of those competently acquainted with both.
  2. A richer human nature: man is capable of self-development, dignity, altruism and nobility, and happiness includes the exercise of the higher faculties.
  3. Liberty as an end in itself. On Liberty (1859) and the harm principle: the only purpose for which power can rightfully be exercised over a member of a civilised community, against his will, is to prevent harm to others. Over himself the individual is sovereign.
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  1. Fear of the tyranny of the majority, exercised through opinion as much as through law. Hence plural voting for the educated and support for minority representation.
  2. A larger role for the state: compulsory education, factory legislation, protection of women and children, and sympathy for cooperative and socialist experiments. He is the bridge to positive liberalism.
  3. Women's equality: The Subjection of Women (1869), and as an MP he moved the amendment that would have enfranchised women in 1867.
  4. Utility "in the largest sense", grounded on "the permanent interests of man as a progressive being".

Comparison

BasisBenthamMill
StandardQuantity of pleasure aloneQuality as well as quantity
MeasurementThe felicific calculusRejects pure computation; the competent judge decides
Human natureA calculating egoistCapable of self-development and dignity
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BasisBenthamMill
LibertyInstrumental, valuable for its utilityIntrinsic, the condition of individuality. The harm principle
Self-regarding actsNo protected sphereA sphere in which the individual is sovereign
DemocracyEnthusiastic; universal suffrage, majority ruleAnxious; fears the tyranny of the majority, proposes plural voting
The stateMinimal in economics, active in legal reformExpanding: education, factory laws, welfare
WomenCounted their interests equallyCampaigned for suffrage and equality
StyleSystematic, legalistic, unsentimentalHumane, literary, open to opposing schools

Assessment

Bentham gave utilitarianism its method: a single measurable standard and a programme of reform, and his practical achievement is much of the legal and administrative reform of nineteenth-century England.

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Mill gave it a conscience. Quality of pleasure answered the charge that it was "a doctrine worthy only of swine"; liberty as an end protected the individual against the majority Bentham's arithmetic empowered; and his move towards state provision prepared the ground for the welfare state.

But the amendments strain the doctrine. If pleasures differ in quality, something other than pleasure is doing the evaluating, and the standard is no longer self-sufficient. If liberty must be protected even where restricting it would raise total happiness, utility has ceased to be supreme. Sidgwick and later critics pressed both points. Mill is best read as a utilitarian who cared more about human beings than about the consistency of his system.

General criticisms of utilitarianism: pleasures cannot in fact be measured or compared across persons; the doctrine can sacrifice the minority whenever the total rises, and has no principled stopping point; it ignores motive and justice; and it reduces all value to a single dimension.

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18.Explain the significance of the 73rd and 74th amendments to the Indian Constitution in expanding the scope of participatory democracy.[13]

Answer

For full marks, cover: the position before 1992, what each amendment did with the Article numbers, the key features, then the specific ways they expanded participatory democracy, the achievements measured, the shortcomings, and a conclusion.

The position before 1992

Article 40, a Directive Principle, required the State to organise village panchayats and endow them with the powers necessary to function as units of self-government. It was non-justiciable and largely ignored.

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Panchayats existed in most States under State statutes, but they were creatures of State law, which meant a State could postpone elections indefinitely, supersede a body it disliked, starve it of funds, or leave reservation on paper. Three committees examined the failure: the Balwant Rai Mehta Committee (1957), which recommended a three-tier structure and gave the country the phrase "democratic decentralisation"; the Ashok Mehta Committee (1978), which recommended a two-tier structure and constitutional status; and the L.M. Singhvi Committee (1986), which recommended constitutional recognition of the Gram Sabha. An attempt in 1989, the 64th Amendment Bill, was defeated in the Rajya Sabha.

What the amendments did

  1. The 73rd Constitutional Amendment Act, 1992, inserted Part IX (Articles 243 to 243-O) and the Eleventh Schedule, giving constitutional status to panchayats. In force 24 April 1993.
  2. The 74th Constitutional Amendment Act, 1992, inserted Part IX-A (Articles 243-P to 243-ZG) and the Twelfth Schedule, giving constitutional status to municipalities. In force 1 June 1993.

Key features

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  1. A three-tier structure of panchayats at village, intermediate and district level, mandatory for States above twenty lakhs (Article 243B); and three kinds of municipality, the Nagar Panchayat, the Municipal Council and the Municipal Corporation (Article 243Q).
  2. The Gram Sabha (Article 243A), consisting of all registered voters of a village.
  3. Compulsory direct elections every five years, with any dissolved body re-elected within six months (Articles 243C, 243E, 243R, 243U).
  4. Mandatory reservation (Articles 243D, 243T): SCs and STs in proportion to population; not less than one-third of all seats for women; reservation of chairperson offices; rotation of reserved seats; and a State option to reserve for backward classes.
  5. State Election Commission (Articles 243K, 243ZA), taking the timing of local elections out of the State government's hands.
  6. State Finance Commission every five years (Articles 243-I, 243Y).
  7. Devolution of functions: the Eleventh Schedule lists 29 subjects, the Twelfth Schedule 18 (Articles 243G, 243W).
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  1. Ward Committees in larger municipalities (Article 243S), District Planning Committees (Article 243ZD) and Metropolitan Planning Committees (Article 243ZE).
  2. Bar on interference by courts in electoral matters (Articles 243-O, 243ZG), so that local elections are not stalled by litigation.

How they expanded participatory democracy

  1. They converted representative democracy into a three-level system. Before 1992 a citizen elected a Member of Parliament and a Member of the Legislative Assembly, both remote from daily life. Now he elects a third tier that decides the things he actually experiences: the road, the school, the water supply, the ration, the drain.
  2. The Gram Sabha institutionalised direct democracy. It is not a body of representatives at all but the whole electorate meeting in person, and it is the nearest approach to direct democracy in the Indian system. It approves plans and beneficiary lists and receives accounts, so a citizen can question the panchayat face to face.
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  1. They made participation compulsory rather than optional. Elections every five years, conducted by an independent State Election Commission, removed the discretion under which States had allowed local bodies to lapse.
  2. They brought excluded groups into elected office. Reservation for SCs, STs and women is not a matter of encouragement but of constitutional obligation, and it changed who exercises power at the local level in a way no exhortation could.
  3. They decentralised planning, through District and Metropolitan Planning Committees, so that plans are consolidated from below rather than handed down.
  4. They created the conditions for social audit and accountability. The Gram Sabha is the statutory forum for the social audit of MGNREGA works, and the Right to Information Act, 2005, gives the participating citizen the documents to participate with.
  5. They gave effect to Gandhi's Gram Swaraj and to Article 40, moving power towards the village that Gandhi placed at the centre of his oceanic circle.
  6. They served the educative function that Rousseau and J.S. Mill attributed to participation: taking part in real decisions about a real budget develops civic capacity in a way that voting once in five years does not.
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Achievements

More than three million elected local representatives, of whom over 1.4 million are women, a scale of political participation by women unmatched anywhere; more than twenty States have since raised the women's share to 50 per cent by their own legislation; and elections are now held broadly on time, with local bodies functioning continuously rather than being superseded at will. Studies of village councils headed by women have found measurably greater investment in drinking water and other goods that women prioritise.

Shortcomings

  1. Funds, functions and functionaries were not transferred with the status. Article 243G says the State legislature "may" endow panchayats with powers, so devolution is permissive and varies enormously between States. Kerala, Karnataka and Maharashtra devolved substantially; several States did very little.
  2. Financial dependence. Most panchayats raise very little of their own revenue and depend on tied grants, so they administer schemes rather than decide priorities.
  3. The sarpanch pati phenomenon, where a male relative exercises in practice an office won by a woman.
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  1. Rotation of reserved seats spreads opportunity but prevents an effective incumbent from building a constituency over successive terms.
  2. Capture by local elites, and poorly attended Gram Sabha meetings, which is the modern form of Ambedkar's objection that the village is "a sink of localism, a den of ignorance, narrow-mindedness and communalism".
  3. Parallel bodies created by State governments and by centrally sponsored schemes, which bypass the panchayat and dilute its authority.
  4. Weak capacity: elected members and staff often lack training, and many panchayats have no full-time secretary.

Conclusion

The two amendments are the most significant expansion of democratic participation in India since universal adult franchise itself. They did not merely add a tier of government; they changed who can hold office, and by mandating reservation they brought into elected power groups that had never held it. The gap between the constitutional design and its working is real, and it lies chiefly in the permissive language of Articles 243G and 243W, but the framework is in place and the remedy is legislative rather than constitutional.

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19.Discuss the grounds of Political Obligation and examine the political obligations under the Divine Right Theory and the Social Contract Theory.[13]

Answer

For full marks, cover: the meaning of political obligation, eight or nine grounds with a line each, Raphael's five, then the divine right theory in detail with its propositions, exponents, character of obligation and criticisms, then the social contract theory through Hobbes, Locke and Rousseau with the character of obligation each derives, a comparison of the two theories, and a conclusion.

Meaning

Political obligation is the duty of the citizen to obey the state, its government and its laws. It is the central question of political theory, and the question is not "who has power?" but "why ought I to obey?"

The question matters because obedience secured by force alone is not obligation: a robber compels and creates no duty. A theory of political obligation must therefore bridge the gap between "I must" and "I ought".

The grounds of political obligation

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  1. Force. The state can punish, so the citizen obeys. The force theory rests obligation on superior might. It explains obedience but not duty, since, as Rousseau said, force does not create right.
  2. Divine sanction. The ruler holds authority from God, so disobedience is a sin. The divine right theory.
  3. Custom, tradition and prescription. Men obey because they and their ancestors have always obeyed. The prescriptive theory: long usage confers title, and habit is the strongest support of any settled government.
  4. Consent and contract. Men have agreed, expressly or tacitly, to obey in return for protection. The obligation is the moral duty to keep a promise. Hobbes, Locke and Rousseau.
  5. The general will. Following Rousseau, the law expresses the community's will towards the common good, so in obeying it the citizen obeys his own better self.
  6. Utility and the general interest. The state secures the greatest happiness of the greatest number, and general disobedience would leave everyone worse off. Bentham and Mill.
  7. Justice and the protection of rights. The state secures the citizen's rights and holds the balance between competing claims; rights carry corresponding duties. This is the reciprocity ground.
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  1. Benefits received and fair play. The citizen enjoys security, order, courts, roads, schools and hospitals, and cannot fairly take the benefits while refusing the burdens.
  2. Patriotism and belonging. Loyalty to a community with which the citizen identifies.
  3. Self-interest and convenience. Obedience is simply the cheapest course for an ordinary person.

D.D. Raphael grouped the serious versions into five grounds: social contract, consent, the general will, justice, and the general interest.

Political obligation under the Divine Right Theory

The theory. The ruler derives his authority directly from God, not from the people. The king is God's deputy on earth, answerable to God alone, and obedience to him is a religious duty.

Its propositions:

  1. Monarchy is divinely ordained, and the institution is of divine origin.
  2. Kingship is hereditary, passing by divine appointment through the line of succession.
  3. The king is above human law and cannot be judged, deposed or punished by his subjects.
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  1. The king is accountable to God alone, and his misgovernment is a matter between him and God.
  2. Resistance is a sin, not merely a crime, and rebellion imperils the soul.

Its exponents: Sir Robert Filmer in Patriarcha, who traced royal authority to the patriarchal authority God gave Adam; King James I of England, in The True Law of Free Monarchies; and Bishop Bossuet in France, the theorist of Louis XIV's absolutism.

The character of the obligation: absolute, unconditional, unlimited and permanent. The subject has duties and no rights against the king; a tyrannical king must still be obeyed, since God has sent him, and the only permissible response is prayer and passive suffering.

Criticisms:

  1. It is unscientific and unhistorical: states have arisen by conquest, contract and evolution, not by divine appointment.
  2. It cannot be verified, since a claim to divine authority is not testable, and every successful usurper has made it.
  3. It is incompatible with democracy, equality and popular sovereignty.
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  1. It makes obligation entirely one-sided, with no remedy for misgovernment.
  2. It confuses religion with politics, and collapses with the rise of secularism and the separation of church and state.

Political obligation under the Social Contract Theory

The theory holds that the state was created by an agreement among men who had previously lived in a state of nature, and that the duty to obey rests on that agreement. It replaced divine right and made the state a human, artificial institution created by consent for human purposes.

Thomas Hobbes (Leviathan, 1651)

State of nature: a war of every man against every man, with no law, no justice, no property and no industry; the life of man "solitary, poor, nasty, brutish and short".

The contract: a covenant among the subjects themselves, each surrendering his right of self-government to a common power on condition that all do likewise. The sovereign is not a party and is therefore bound by nothing.

Nature of the surrender: total and irrevocable; all rights are given up except self-preservation.

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Political obligation: absolute and unconditional. The sovereign can commit no injustice, because he defines justice; there is no right of resistance, since resistance returns society to the state of nature, which is worse than any tyranny. The one exception: a man may refuse to kill himself or to confess, and the obligation lapses if the sovereign can no longer protect him, protection and obedience being correlative.

John Locke (Two Treatises of Government, 1689)

State of nature: not a war but a state of peace, goodwill and mutual assistance, governed by the law of nature, in which men possess natural rights to life, liberty and property.

Why leave it: the "inconveniences", namely the want of a settled known law, of an impartial judge, and of a power to execute the sentence.

The contract: in two stages, a pactum unionis forming civil society and a pactum subjectionis by which the community entrusts power to a government.

Nature of the surrender: partial and conditional. Only the executive power of the law of nature is given up; natural rights are retained.

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Political obligation: limited and conditional, resting on consent, express or tacit. Government holds power on trust, and if it breaks the trust power reverts to the people, who may resist and establish a new government.

Jean-Jacques Rousseau (The Social Contract, 1762)

State of nature: man is a noble savage, innocent, free and happy; it is society and private property that corrupt him. "Man is born free, and everywhere he is in chains."

The contract: each surrenders himself wholly and equally to the whole community, so that "each, giving himself to all, gives himself to nobody". What emerges is the general will.

Political obligation: the citizen obeys the general will, and in doing so obeys himself and remains free, since he is part-author of the law. Sovereignty remains permanently with the people. The notorious consequence: whoever refuses to obey the general will shall be "forced to be free".

The two theories compared

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BasisDivine Right TheorySocial Contract Theory
Source of authorityGodThe people, by agreement
Nature of the stateDivinely ordained, naturalArtificial, made by men for their purposes
Basis of obligationReligious duty; fear of sinPromise and consent
Character of obligationAbsolute and unconditionalConditional, except in Hobbes
Right of resistanceNone; resistance is sinRecognised by Locke and Rousseau; denied by Hobbes
Position of the rulerAbove the law, answerable to GodUnder the law; a trustee or agent
Rights of subjectsNone against the kingNatural rights, retained or protected
Historical roleJustified absolute monarchyJustified limited government and revolution
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Conclusion

Neither theory survives as a historical account. Divine right fell with the rise of secularism, and the social contract is a fiction: no such agreement was ever made, tacit consent inferred from residence is not consent, and later generations made no promise at all. But the contract theory's normative legacy is the vocabulary of modern politics: consent, popular sovereignty, natural rights, limited government and the right of revolution. Its monuments are the American Declaration of Independence and the French Declaration of the Rights of Man, and through them Part III of the Indian Constitution and the words with which its Preamble opens, "We, the people of India".

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20.Evaluate the relevance of Karl Marx's class conflict theory in the contemporary world. Compare and contrast the principles of Communism with those of Gandhism.[13]

Answer

For full marks, cover: the class conflict theory stated properly, the arguments that it remains relevant with contemporary evidence, the arguments that it has been falsified, a balanced verdict, and then a full comparison of Communism and Gandhism with their points of agreement.

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Part 1: Marx's class conflict theory, and its relevance today

The theory. "The history of all hitherto existing society is the history of class struggles." A class is defined by its relation to the means of production, not by income or status: either a group owns the means of production or it owns only its labour power. Every epoch divides into two opposed classes, master and slave, lord and serf, and under capitalism bourgeoisie and proletariat. Their interests are irreconcilable, because the profit of one is the unpaid surplus labour of the other, so the conflict cannot be settled by bargaining within the system. Capitalism itself creates the conditions for its overthrow by concentrating workers in factories and cities where they acquire class consciousness, and the outcome is revolution, a transitional dictatorship of the proletariat, and finally a classless society in which the state withers away.

Arguments that it remains relevant

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  1. Inequality has grown, and wealth is concentrated. The share of income and wealth held by the top percentile in most economies, including India, has risen sharply since 1980. Marx's prediction that capital accumulates in ever fewer hands describes the data better now than it did in 1970, and Thomas Piketty's work on the long-run tendency of returns to capital to exceed the growth rate revived the argument in mainstream economics.
  2. The concept of exploitation still explains real conditions. Informal and contract labour, gig and platform work, unpaid overtime, and global supply chains where the wage is a small fraction of the retail price are all describable in Marx's terms, whatever one thinks of the labour theory of value.
  3. Class remains a predictor of life chances. Access to education, health, housing and the law still tracks economic position closely, which is why the state has to legislate against the consequences.
  4. His account of the state and of law retains critical force. Asking in whose interest a law operates, and who wrote it, is now a standard analytical move, and lobbying, political finance and regulatory capture supply continuous evidence for it.
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  1. Alienation describes modern work more convincingly than most rival concepts: the worker distant from the product, monitored by algorithm, and estranged from the process.
  2. Class conflict continues in organised form: strikes, trade union action, the Indian farmers' protests of 2020 to 2021, and the political salience of wages and prices.
  3. Marxism as method survives across the social sciences even where the political programme is rejected, and much labour and welfare legislation is the reformist answer to problems he identified.

Arguments that it has been falsified

  1. It is monocausal. Religion, nationalism, language, race and, in India, caste have moved history at least as powerfully as class. The two world wars were not class wars, and Indian voting behaviour is not primarily class behaviour. Ambedkar's criticism is decisive in the Indian context: caste divides the working class against itself, so the proletariat Marx assumed does not act as one.
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  1. Class has not polarised into two camps. A large middle class of professionals, managers and technicians grew instead, and share ownership, pension funds and small enterprise spread ownership far more widely than Marx anticipated.
  2. The immiseration thesis failed. Real wages, life expectancy and living standards in industrial countries rose rather than falling to subsistence, partly through the unions and legislation Marx's own analysis inspired, which is an irony worth stating.
  3. Revolutions came in the wrong places. They occurred in agrarian Russia and China, not in the advanced industrial economies the theory identified, which contradicts the theory's own logic.
  4. The state has not withered. Wherever communist parties took power the state became larger and more coercive, and a new party elite replaced the old ruling class, which is precisely what Pareto and Michels predicted.
  5. The labour theory of value is rejected by modern economics, so the mechanism of exploitation is disputed at its foundation.
  6. Capitalism proved adaptable. Welfare states, progressive taxation, labour law, competition law and social security absorbed the pressures Marx thought would destroy it.
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Verdict

The fair conclusion is that Marx's diagnosis has outlived his prognosis. As an account of inequality, of the relation between economic power and political power, and of the experience of work, class analysis remains indispensable. As a prediction of two-class polarisation, immiseration, proletarian revolution and a withering state, it has been falsified by events. Marxism today survives chiefly as a method of criticism rather than as a programme of government, and India's own response was neither revolution nor laissez faire but democratic socialism: the Directive Principles, land reform, and redistribution pursued by law and consent.

Part 2: Communism and Gandhism compared

BasisCommunismGandhism
Philosophical baseDialectical materialism; matter and the mode of production are basicSpiritual and moral idealism; man is essentially a soul, politics a branch of ethics
MeansViolent revolution and class warNon-violence and satyagraha, without exception
Means and endsThe end justifies the meansMeans and ends are inseparable; the means are the seed
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BasisCommunismGandhism
Private propertyAbolished in the means of production, vested in the stateRetained but held in trusteeship for society
Method of changeClass struggle and seizure of state powerChange of heart, persuasion, self-purification
Attitude to classClass conflict is the engine of historyDenies class war; capital and labour are interdependent
View of the stateInstrument of class rule; made supreme first, withers laterViolence in concentrated form; the least possible state, ideal is enlightened anarchy
EconomyCentralised: heavy industry, collectivisation, central planningDecentralised: village republics, cottage industry, khadi
ReligionRejected; "the opium of the people"Central; Truth is God, and religion is the ground of politics
The individualSubordinate to the classSupreme; his moral development is the purpose of the social order
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BasisCommunismGandhism
GoalClassless, stateless society by revolutionSarvodaya, the welfare of all, by moral transformation
MachineryEnthusiastic; industrialisation is the precondition of socialismSuspicious of machinery that displaces labour

Points of agreement, which the strongest answers include: both condemn exploitation and unearned wealth; both want economic equality and the dignity of labour; both are anti-imperialist; both attack the existing social order as unjust; and both look forward, remarkably, to a stateless society, Marx by the withering away of the state and Gandhi by enlightened anarchy.

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Conclusion

The two are opposed on almost every question of method and agreed on the diagnosis that the existing order exploits the many for the few. The disagreement is at bottom about the cause of that exploitation. Marx locates it in a structure, the ownership of the means of production, and concludes that changing hearts is futile while the structure stands. Gandhi locates it in greed, a defect of character, and concludes that changing the structure while leaving the character untouched merely hands the same greed a better machine. Each critique lands: no propertied class in history has voluntarily surrendered its property, which is the objection to trusteeship; and every revolution made in the name of the masses has produced a new ruling class, which is the objection to revolution.

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21.Explain the importance of legitimacy for the state. What are the key indicators of legitimacy within a nation-state? How does a state maintain its legitimacy?[13]

Answer

For full marks, cover: the meaning of legitimacy with definitions, six or seven reasons for its importance, Weber's three bases plus modern additions, a list of observable indicators, the methods by which a state maintains it, what a legitimacy crisis looks like, and a conclusion.

Meaning

Legitimacy, from the Latin legitimus, lawful, is the quality that makes power rightful, so that those subject to it accept the right to command and obey willingly rather than from fear. It is what converts naked power into authority.

Definitions:

  1. Max Weber: legitimacy is the belief of the governed in the rightfulness of the rule, and the ground of that belief may be tradition, charisma or legal-rational rules.
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  1. Seymour Martin Lipset: the capacity of a political system to engender and maintain the belief that its institutions are the most appropriate ones for the society.
  2. David Beetham refined Weber usefully: power is legitimate when it conforms to established rules, when those rules are justifiable by beliefs shared by both dominant and subordinate, and when there is evidence of consent by the subordinate.

Importance of legitimacy for the state

  1. It converts power into authority. Without legitimacy the state has force and no title, and is obeyed only while the force is applied.
  2. It secures voluntary compliance, and makes government economical. No state can post a policeman behind every citizen. A legitimate state is obeyed when nobody is watching, which is the only kind of obedience a large state can afford. Tax is paid, licences are taken out and judgments are complied with overwhelmingly without enforcement.
  3. It gives stability and continuity. Legitimacy attaches to the system, not to the incumbent, so a legitimate order survives unpopular decisions, economic crises and lost wars.
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  1. It permits the peaceful transfer of power. The defeated party accepts the result because it accepts the process. This single fact is the practical difference between a democracy and a coup.
  2. It limits power and prevents arbitrariness. Because legitimacy depends on the rules being observed, a ruler who breaks them forfeits it; legitimacy is therefore a standing check as well as a support.
  3. It enables the state to demand sacrifice. Conscription, taxation, emergency restrictions and, in a pandemic, restrictions on movement are all borne only by a population that accepts the state's right to impose them.
  4. It underpins international standing. Recognition, treaty-making and membership of international institutions follow from being accepted as the lawful government of a territory.
  5. Its absence is fatal. A state that loses legitimacy is thrown back on coercion, which is expensive, brittle and self-defeating, since repression itself becomes the grievance.
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Key indicators of legitimacy within a nation-state

The bases, following Weber, are tradition, charisma and legal-rational rules, to which modern writers add performance legitimacy, earned by delivering security and prosperity, and ideological legitimacy, derived from a shared doctrine such as nationalism.

Observable indicators:

  1. Free, fair and periodic elections, with genuine competition and a real possibility of the government losing.
  2. High and broad-based electoral turnout, indicating that citizens regard the process as worth taking part in.
  3. Peaceful transfer of power, and acceptance of results by the losing side.
  4. Voluntary compliance with law: tax compliance, obedience to judgments, low reliance on coercion in ordinary administration.
  5. A low level of political violence, insurgency and separatism.
  6. Constitutional continuity: government functioning within the constitution, and no extra-constitutional seizures of power.
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  1. Public trust in institutions, measurable through survey data on confidence in the courts, the election authority, the police and the legislature.
  2. A free press and an active civil society that criticise the government without being suppressed, and an opposition that functions.
  3. Compliance of the executive with judicial decisions, which is a particularly sharp test, because it shows power submitting to authority.
  4. Effective delivery of public goods: security, justice, health, education and infrastructure.
  5. Absence of large-scale, sustained protest aimed at the system itself rather than at particular policies.
  6. International recognition and participation in the community of states.

How a state maintains its legitimacy

  1. By holding regular free and fair elections, conducted by an independent authority: in India the Election Commission under Article 324.
  2. By observing the rule of law and due process, so that power is exercised through general rules and is subject to judicial review.
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  1. By delivering performance: security, order, justice and the public services people depend on.
  2. By ensuring justice and inclusion, so that no group is permanently excluded from power or benefit. Reservation, the reorganisation of States on linguistic lines, and federal accommodation of regional aspiration have all served this function in India.
  3. By remaining accountable and transparent: parliamentary question hour and committees, the Comptroller and Auditor General, a free press, and the Right to Information Act, 2005.
  4. By respecting rights and permitting dissent, since a government that tolerates criticism demonstrates confidence in its own title.
  5. Through symbols, ceremony and political socialisation: the flag, the anthem, Republic Day, the Constitution itself, and civic education, which transmit the belief across generations.
  6. By responsiveness, adapting policy when public opinion turns, and by consultation before decisions.
  7. By self-correction, acknowledging and remedying error, which is why an independent judiciary strengthens rather than weakens a government's legitimacy.
  8. By avoiding the overuse of force, since every recourse to coercion is an admission that consent has failed.
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The crisis of legitimacy

A legitimacy crisis occurs when the belief in rightfulness drains away while the legal title remains. Its symptoms are mass protest directed at the system, widespread non-compliance, boycott of elections, growth of extra-constitutional movements, and increasing reliance on coercion. The Indian example usually cited is the Emergency of 1975 to 1977, imposed lawfully under Article 352 and yet reversed decisively at the first election, which is a demonstration that legality and legitimacy are different things.

Conclusion

Legitimacy is the most economical instrument of government ever devised: it produces obedience without cost, at scale, and in the absence of the state. Every other instrument, force, reward, surveillance, must be paid for continuously and works only where it reaches. That is why maintaining legitimacy, through elections, law, justice, performance and accountability, is not one function of the state among others but the condition of its being able to perform any of them.

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Notes on These Answers

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Colophon

This volume prints the 2024-25 - ATKT 75/25 Political Science 2 paper set by the University of Mumbai for BLS LLB 5 Years Sem 3, with a model answer to each of its 21 questions.

Written and edited by the munotes.in editorial desk. Published by munotes.in, Mumbai.

10 August 2026, revised 11 August 2026.

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