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Jurisprudence and Legal Theory
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BLS LLB 5 Years · Sem 8
Oct 2026 - ATKT 60/40 Examination
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BLS LLB 5 Years Sem 8 Jurisprudence and Legal Theory Oct 2026 - ATKT 60/40 Question Paper with Solutions
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First published on munotes.in on 28 October 2026.
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Model answers written and edited by the munotes.in editorial desk.
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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 Oct 2026 - ATKT 60/40 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Oct 2026 - ATKT 60/40 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Oct 2026 - ATKT 60/40 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 2 hours · Total marks 60 · 22 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.
Q.1
Q.1: Answer in one or two sentences, any six
12 Marks - 2 marks each
(a)State the difference between Obiter Dicta and Ratio Decidendi.[2]
Answer
The ratio decidendi is the binding part of a judgment; an obiter dictum is a remark made by the way, which does not bind.
Ratio decidendi, literally "the reason for deciding", is the principle of law on which the decision rests. It is the rule the judge treated as necessary to decide the case on its material facts. Only the ratio has the force of a binding precedent. Under Article 141 of the Constitution, the law declared by the Supreme Court binds all courts in India.
Obiter dictum, literally "a thing said by the way", is a statement of law made in the course of a judgment that was not necessary for the decision. It does not bind later courts. It is only persuasive, and its weight depends on the court, the judge and the care with which it was said.
The differences, point by point.
| Point | Ratio decidendi | Obiter dictum |
|---|---|---|
| Meaning | The reason for the decision | A remark made by the way |
| Necessity | Necessary to decide the case | Not necessary to decide it |
| Force | Binding on lower courts | Only persuasive |
| Facts | Tied to the material facts | May go beyond the facts |
A later court must find the ratio by separating the material facts and the principle applied to them from everything else in the judgment.
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