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BLS LLB 5 Years Sem 9 Public International Law and Human Rights Apr 2025 - 75/25 Question Paper with Solutions

Mumbai University Solved Question Papers

Public International Law and Human Rights

Previous Year Question Paper with Solution

BLS LLB 5 Years · Sem 9

Apr 2025 - 75/25 Examination

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Mumbai

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First published on munotes.in on 28 September 2026.

This edition revised 7 October 2026.

Published by munotes.in, Mumbai.

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 Apr 2025 - 75/25 examination.

The answers in this volume state the law as it stands today, not as it stood when the paper was set, and in this subject three changes matter. The Protection of Human Rights (Amendment) Act, 2019 allows a Judge of the Supreme Court, and not only a former Chief Justice of India, to chair the National Human Rights Commission, and cut the term from five years to three. The Indian Penal Code and the Code of Criminal Procedure were replaced on 1 July 2024 by the Bharatiya Nyaya Sanhita and the Bharatiya Nagarik Suraksha Sanhita, so sedition is now section 152 with its own saving for criticism of the government, and the provisions on arrest, rape and legal aid carry new numbers. And on 21 March 2024 the Supreme Court recognised a right against the adverse effects of climate change under Articles 14 and 21. Where a question turns on a provision since replaced, the answer gives it as it then stood and the present position, and says which is which.

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The Paper as Set

The questions in this volume are the questions asked at the Apr 2025 - 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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Q1.

Q.1: Answer the following questions in two sentences

any six · (12 Marks)

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(a)Write two difference between Public International Law and Private International Law.[2]

Answer

The first and governing difference is the nature of the two systems. Public international law is a genuinely international system. It is the same body of rules for every State, and it is derived from the sources listed in Article 38(1) of the Statute of the International Court of Justice: treaties, custom, general principles, and judicial decisions and writings as subsidiary means. Private international law, or the conflict of laws, is not international law at all. It is a branch of the municipal law of each country, made by that country's own legislature and courts, so India's rules differ from England's and from France's.

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The second difference is who the parties are and where they go. Public international law governs disputes between States and other subjects of the international legal order, and they are taken to the International Court of Justice or to an arbitral tribunal, as India and Pakistan did in Jadhav (India v. Pakistan), judgment of 17 July 2019. Private international law governs disputes between private persons whose case contains a foreign element, and they are taken to the ordinary municipal courts. An Indian court asked to recognise a foreign divorce applies section 13 of the Code of Civil Procedure, 1908, as it did in Y. Narasimha Rao v. Y. Venkata Lakshmi, (1991) 3 SCC 451.

Two more may be added if there is room. Public international law asks what the rights and duties of States are; private international law asks only which court may hear the case and which country's law applies. And a decision of the International Court binds only the parties to that case, under Article 59 of its Statute, while a decision of a municipal court is a binding precedent within that legal system.

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