Mumbai University Solved Question Papers
Law and Social Transformation of India
Previous Year Question Paper with Solution
LLM · Foundation Course
2016 Examination
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LLM Foundation Course Law and Social Transformation of India 2016 Question Paper with Solutions
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First published on munotes.in on 12 August 2026.
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The question paper reproduced here is the paper as set by the University of Mumbai at the 2016 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 that reaches almost every question. The Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act were replaced on 1 July 2024 by the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam, so where a question asks about a section of the old Code by number, the answer gives that section and its successor. Section 89 of the Code of Civil Procedure was substituted by the Mediation Act, 2023. The reservation of one third of the seats in the Lok Sabha and the State assemblies for women was notified into force on 16 April 2026 and operates after the next census and delimitation. And on 1 August 2024 seven judges held that a State may sub-classify within the Scheduled Castes.
Contents
The questions below are the paper as the University of Mumbai set it at the 2016 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2016 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 3 hours · Total marks 100 · 20 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.
SECTION I
Attempt any four questions, all questions carry equal marks
any four of seven · 100 Marks
1.Write a detail note on, 'Naxalite Movement: Causes and Cure'.[25]
Answer
For full marks, cover: origin and phases; the causes grouped and tied to the statutes that failed; the measures taken and the judicial limits on them; the cure set out as a programme of enforceable entitlements; and the present position.
Origin and phases. The movement is named after Naxalbari in Darjeeling district, West Bengal, where in May 1967 the eviction of a sharecropper produced a peasant uprising led by Charu Majumdar and Kanu Sanyal. The Communist Party of India (Marxist-Leninist) was formed in 1969; the movement spread to Srikakulam and Kolkata and was suppressed by 1972. It revived through the People's War Group in Andhra Pradesh (1980) and the Maoist Communist Centre in Bihar, which merged on 21 September 2004 into the Communist Party of India (Maoist), banned under the Unlawful Activities (Prevention) Act, 1967, with a belt of influence running through Jharkhand, Bihar, Odisha, Chhattisgarh, Telangana, Andhra Pradesh, Maharashtra and Madhya Pradesh.
The causes, each tied to a legal failure.
Land. Abolition of intermediaries succeeded; tenancy reform and ceiling laws failed, defeated by benami transfers, anticipatory partition and exemptions, so the landless remained landless.
Tribal land alienation. Every Scheduled Area State has a regulation prohibiting transfer of tribal land to non-tribals, and all have been evaded. Paragraph 5 of the Fifth Schedule empowers the Governor to make and enforce such regulations and to disapply legislation; the power is almost never used.
Forest. The Indian Forest Act, 1927 and the Forest Conservation Act, 1980 made the forest dweller an encroacher and cut off minor forest produce. The Forest Rights Act, 2006 admits this "historical injustice" in its preamble and is poorly implemented, with high rejection rates for individual claims and very limited recognition of community forest resource rights.
Displacement. Mining, dams and industry displaced tribal populations disproportionately, with cash compensation and rare resettlement, until the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which is still bypassed through the thirteen exempted enactments in its Fourth Schedule.
Governance. PESA, 1996 gives the Gram Sabha consultation before acquisition and ownership of minor forest produce, and was implemented late and partially; the Tribes Advisory Councils under the Fifth Schedule are largely dormant.
Exploitation and indignity. Usurious money-lending, denial of minimum wages, bonded labour and police high-handedness. The Planning Commission's Expert Group, Development Challenges in Extremist Affected Areas (2008), concluded on this evidence that the movement grows where entitlements are not delivered.
Organisation. These conditions exist elsewhere without insurgency; what converts grievance into armed movement is an organisation offering protection, status and a wage, and a doctrine of protracted people's war.
The measures taken, and their judicial limits. Central and State forces with specialised units, roads and mobile connectivity, the Security Related Expenditure Scheme, the Aspirational Districts Programme and surrender-and-rehabilitation packages. The courts have marked the boundary: Nandini Sundar v. State of Chhattisgarh (2011) 7 SCC 547 held the arming of tribal youth as Special Police Officers, the Salwa Judum, unconstitutional under Articles 14 and 21 and ordered them disbanded; People's Union for Civil Liberties v. State of Maharashtra (2014) 10 SCC 635 laid down sixteen requirements for investigating encounter deaths; Samatha v. State of Andhra Pradesh (1997) 8 SCC 191 held a mining lease to a private company in a Scheduled Area void; and Orissa Mining Corporation v. Ministry of Environment and Forests (2013) 6 SCC 476 referred the Niyamgiri project to the Gram Sabhas, which rejected it.
The cure, as a programme. Settle the pending forest rights claims with reasons and recognise community forest resource rights; restore alienated tribal land under the State regulations and use paragraph 5 of the Fifth Schedule; implement PESA in substance; acquire land only under the full procedure of the 2013 Act, including the Section 41 consent of the Gram Sabha; deliver the ordinary State, schools, health centres, banking, minimum wages and the public distribution system; continue surrender and rehabilitation with training, housing and community acceptance; and police lawfully, recruiting locally and complying with D.K. Basu v. State of West Bengal (1997) 1 SCC 416 and the encounter guidelines.
The present position. Government data show affected districts falling from 126 in 2014 to about 18 by 2024 and roughly 11 by 2025, the most affected being a small group in Chhattisgarh, with 31 March 2026 set as the target for eliminating the movement and surrenders rising sharply.
Conclusion. The Naxalite movement began as a land dispute and grew into an insurgency by attaching itself to the unremedied grievances of the Scheduled Areas. The security half of the cure has been delivered and its results are on record. The other half is a set of statutes India has already enacted and does not enforce, and a district declared free of extremism with its forest claims still pending is a district where the cause has outlived the cure.
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