NATIONAL LAW UNIVERSITY, DELHI B.A.LL.B.(Hons.): III-YEAR, VI-SEMESTER End-Semester Examinations, June-2016 Paper 6.1: Jurisprudence-II Time: 3.00 Hours Total Marks: 50 Instructions: 1. Read the questions carefully and answer. 2. No clarification shall be sought on the question paper 3. Do not write anything on the question paper except your Roll No. Q.1 (A) Focussing on Part-III and Part-IV of the Constitution identify provisions which are in tune with Amartya Sen’s approach to justice. (4 Marks) (B) Do these provisions comprehensively reflect • Amartya Sen’s approach. • Nussbaum’s approach. If yes, how. If not what additional provisions will you propose to make the Constitution completely embody Sen’s approach. (4 Marks) (C) There is a fundamental distinction between Rawl’s approach and that of Amartya Sen. Elaborate. (3 Marks) Q.2 Techno is a rich, developed country in Europe which has made great strides in the field of science and technology.Naturo is a developing country in Asia with low GDP. Naturohas enormous natural resources which have remained untapped till now because of lack of technical expertise. Techno has a sizeable population dependent on agriculture but because of deterioration of soil quality, diseases caused by pests and fluctuating climatic conditions the agricultural production has plummeted pushing the farmers into penury. There have also been reports of suicides among these farmers. A major company incorporated in Techno called Opportuno approaches the dictator of Naturo and offers him 50% stake in their company in return of the permission to use the tropical forest of Naturo for the purposes of research. The use of forest is transferred to Opportuno. The tropical forest is rich in flora and fauna, especially rare herbs. Jeena community has inhabited this tropical forest since time immemorial. They have been dependent on the forest for their survival. As part of the deal with the dictator Opportuno provides Jeena community with stock of cereals for survival though their access to natural forest produce is reduced. The company also offers the community rehabilitation in another forest but many members of the community refuse the same on account of the spiritual significance of the tropical forest for the community. Opportune conducts large scale experiments and produces many new hybrid varieties which are high yielding, resistant to pests and can withstand sudden fluctuations in climatic conditions. The growth of new varieties endanger the old varieties and the latter become scarce. Opportune gets patent protection for all the new varieties. Jeena community gradually gets pushed to the outskirts of the forest making it difficult for them to find adequate resources.They start migrating to nearby cities where many of them being unable to cope up with the life in cities are pushed into state of severe helplessness and extreme poverty. Most of them become anaemic, malnourished and life expectancy reduces enormously. The community almost reaches the stage of extinction. P.T.O. (a) Does Techno have an obligation towards Jeena community? Present arguments based on two separate philosophical foundations. (5 Marks) (b) A group in Techno argues that Techno has obligation only towards the poor agriculturalists of Techno who are in vulnerable condition and they are being helped through experiments in tropical forest. The obligation with respect to Jeena is only limited to the state of Naturo. They are too far away from Techno so it is not advisable to envisage any obligation of Techno with respect to Jeena. Rebut the argument of the group in Techno. (3Marks) Q.3 The Hindu Succession Act, 1956 recognises an equal share of daughters in the self earned property of the father. Hindu Succession (Amendment) Act, 2005 recognises daughters as coparceners. Hindu Marriage Act, 1955 embodies an obligation to provide maintenance to a divorced wife. The Muslim Women Act (Protection of Rights on Divorce), 1987 which provides maintenance to a divorced wife was interpreted liberally in Danial Latifi v. Union of India (2001)7 SCC 740. Can it therefore easily be claimed that law relating to property rights in India secures gender justice. Argue. (6Marks) Q.4 Classify the following within the Hohfeldian scheme: (i) Right to make a will (ii) Right to transfer property (2+2=4 Marks) Q.5 Being unstable, indeterminate, reified and politically ineffective rights appear to be mere paper tigers, incapable of bringing about justice. Comment. (6 Marks) Q.6 In Almitra Patel v. Union of India (2000) 3 SCC 575 the Supreme Court observed that slum dwellers are encroachers on public land and said that giving them free alternative site is like giving reward to a pickpocket. (i) Which legal concept forms the basis of this observation? Which specific approach to the concept provides the rationale for this kind of reasoning. (ii) Offer a critique of the observation of the court. (3+3=6 Marks) Q.7 In the last decade there has been large scale acquisition of land by the state for the establishment of Special Economic Zones (SEZs). In this process land has generally been acquired from small farmers dependent on their land for their livelihood and is transferred to private developers (generally big industrial houses) to establish SEZs. You are engaged by the farmers to argue against such acquisition. Argue. (5 Marks) Q.8 (i) Law relating to Adultery represents the transcending of boundaries between two legal concepts. Discuss. (2 Marks) (ii) Distinguish between possession and ownership. (2 Marks) NATIONAL LAW UNIVERSITY, DELHI B.ALLB.(Hons.): III-YEAR, VI-SEMESTER End-Semester Examinations, June-2016 Paper 6.1: Jurisprudence-II (For Re-registered Students) Time: 3.00 Hours Total Marks: 50 Instructions: 1. Read the questions carefully and answer. 2. No clarification shall be sought on the question paper 3. Do not write anything on the question paper except your Roll No. Q.1 The coastal regions of Sri Lanka are suddenly hit by Tsunami. It causes death of 5000 people and renders 12000 homeless. The coastal regions suffer from huge losses of property. The relief work in Sri Lanka is slow as the government is hit by financial crunch. There is spread of communicable diseases in the relief camps on account of inadequate supply of medicines and limited number of doctors to attend to the massive number of patients. You are a philosopher of great repute therefore the government entrusts you with the task of raising funds from other countries. Write a piece to be published in a leading magazine with global circulation recognising the responsibilities of other countries with respect to the condition in Sri Lanka. (5 Marks) Q.2 Universal, inalienable rights are nothing but nonsense upon stilts. Comment. (5 Marks) Q.3 Hohfeldian analysis of rights provides a useful framework for private law. Analyse. (3 Marks) Q.4 Rawl’s prioritisation of liberty emerges out of the assumptions he makes. Assess. (4 Marks) Q.5 Compare Nozick’s position with respect to distributive justice with that of Rawls. Which aspects of the two theories do you find embodied in the Constitution of India? (8 Marks) Q.6 Community X is mandated by their religion to wear turban. They have significant presence in country Y. The country amended the motor vehicle rules to make wearing of helmet compulsory for two wheeler riders. Community X made a representation to the government to amend the rule to allow for an exception in favour the community in light of their religious mandate. Engage with above issue in the light of writings of AkeelBilgrame. Support your answer by citing examples from existing legal provisions. (8 Marks) Q.7a) A was asked by B to clean a pond within the premises exclusively owned by B, whilecleaning the pond A found a lost ring. He claims that since ring has been found by him, it must belong to him. Whereas B claims it as his. Decide by citing precedents. (5 Marks) b) A gave a silver ware to his servant for delivering it to Y. B snatched the ware from theservant and claims it as his own. Decide by elaborating upon mediate and immediate possession. (5 Marks) Q.8 Three persons of coloured origin formed a company. They purchased a property in state A. The law of the state prohibits people of coloured origin to purchase property. The registration of the property was denied on above basis. They moved the court asking it to order registrar to register the property. Decide it in the light of precedent by explaining it in the light of any two theories of personality. (7 Marks) NATIONAL LAW UNIVERSITY, DELHI B.ALLB.(Hons.): III-YEAR, VI-SEMESTER End-Semester Examinations, June-2016 Paper 6.2: Constitutional Law-II Time: 3.00 Hours Total Marks: 50 Instructions: 1. Read the questions carefully and answer. 2. No clarification shall be sought on the question paper 3. Do not write anything on the question paper except your Roll No. Part-A (15 Marks) Q.1 In State ‘A’ the ruling party saw some defections. It was claimed by the opposition party that the ruling party had lost the majority because of such defections. Representations were made to the Governor by both the parties. In the light of such claims and counter claims the Governor ordered floor test. The ruling party prevented the floor test from taking place on three such occasions. In the light of the above the Governor sends the report to the President recommending it as a case of failure of constitutional machinery in the State. The Union cabinet after receiving such report met and decided to accept the report of the Governor. President of India accorded his approval and ordered dissolution of legislative assembly with immediate effect.