Class 12 Legal Studies: CBSE Marking Scheme (2024-25) | Legal Studies for Class 12 - Humanities/Arts PDF Download

 Page 1


 
1 
MARKING SCHEME 
LEGAL STUDIES 
Code-074 
CLASS XII 
 Academic Session 2024-25 
 
 
S.No Expected Answers Marks 
 SECTION A  
Ans 1 (C) Attorney General 1 
Ans 2 (D) Introduction of lead free petrol in the country 1 
Ans 3 (B) Both Assertion (A) and Reason (R) are true and Reason (R) is not the correct 
explanation of Assertion (A) 
1 
Ans 4 (B) The contract is void because Suman is a minor. 1 
Ans 5 (C) Mr. Gupta is liable for negligence as he breached his duty of care by storing 
a hazardous substance in the basement. 
1 
Ans 6 (B) ‘quod approbo non reprobo’ 1 
Ans 7 (D) A new coffee shop aims to protect its brand name and logo from being used 
by others. 
1 
Ans 8 (B) Strict liability  1 
Ans 9 (C) Tort of Assault 1 
Ans 10 (C)  When a property is under litigation, the doctrine ensures that if any right of 
an immovable property is in question, such property cannot be transferred by any 
party to the suit so as to affect the rights of any other party.  
1 
Ans 11 (C) Nita Industries  Ltd. can ask for setting aside the arbitral award  1 
Ans 12 (D) Cases involving the International mercantile community 1 
Ans 13 (C) Head Constable 1 
Ans 14 (C) Statement 1 is correct but statement 2 is not correct 1 
Ans 15 (A) Both (A) and (R) are true and R is the correct explanation of A. 1 
Ans 16 (D) Rashi hasn’t attained 21 years of age 1 
Page 2


 
1 
MARKING SCHEME 
LEGAL STUDIES 
Code-074 
CLASS XII 
 Academic Session 2024-25 
 
 
S.No Expected Answers Marks 
 SECTION A  
Ans 1 (C) Attorney General 1 
Ans 2 (D) Introduction of lead free petrol in the country 1 
Ans 3 (B) Both Assertion (A) and Reason (R) are true and Reason (R) is not the correct 
explanation of Assertion (A) 
1 
Ans 4 (B) The contract is void because Suman is a minor. 1 
Ans 5 (C) Mr. Gupta is liable for negligence as he breached his duty of care by storing 
a hazardous substance in the basement. 
1 
Ans 6 (B) ‘quod approbo non reprobo’ 1 
Ans 7 (D) A new coffee shop aims to protect its brand name and logo from being used 
by others. 
1 
Ans 8 (B) Strict liability  1 
Ans 9 (C) Tort of Assault 1 
Ans 10 (C)  When a property is under litigation, the doctrine ensures that if any right of 
an immovable property is in question, such property cannot be transferred by any 
party to the suit so as to affect the rights of any other party.  
1 
Ans 11 (C) Nita Industries  Ltd. can ask for setting aside the arbitral award  1 
Ans 12 (D) Cases involving the International mercantile community 1 
Ans 13 (C) Head Constable 1 
Ans 14 (C) Statement 1 is correct but statement 2 is not correct 1 
Ans 15 (A) Both (A) and (R) are true and R is the correct explanation of A. 1 
Ans 16 (D) Rashi hasn’t attained 21 years of age 1 
 
2 
Ans 17 (A) Both (A) and (R) are true and R is the correct explanation of A. 1 
Ans 18 (C) The Award of Permanent Lok Adalat shall be final and deemed to be a 
decree of a civil court. 
1 
Ans 19 (B) Bhuvan can be convicted solely based on Jaya's dying declaration, provided 
the declaration is found to be true, voluntary and made in a fit state of mind. 
1 
Ans 20 (A) Both Statements are correct 1 
  
SECTION B 
 
Ans 21 (I) Regulators are specialized government agencies that oversee law and order 
compliance in the relevant government sectors.  
 
For example, one of the tribunals TDSAT functions alongside the regulator, TRAI 
(Telecom Regulatory Authority of India) in formulating laws and policy for 
resolving telecom disputes in India. 
 
Or 
 
(II) The Chief Justice of India is the senior most judge of the Supreme Court. 
Seniority is determined on the basis of the date of their appointment to the 
Supreme Court & if two Judges are appointed to the Court on the same day, the 
Judge who takes the oath first is the Senior Judge.  
 
1+1 
 
 
 
 
 
 
 
Ans 22 (I) a) Deciding the solution 
     b) Ask the parties to adhere to his decision 
 
(II). a) Civil suits   
      b) Compoundable criminal disputes 
0.5+0.5 
 
 
0.5+0.5 
Ans 23 (I)  Judicial decisions and the teachings of publicists are sometimes referred to as 
‘secondary sources or evidence of international law.  
 
The court may have jurisdiction to decide cases in which the parties agree to 
appear before the court, on their own behest, and agree to be bound by the 
decision of the ICJ. Article 59 of the Statute of the ICJ states that decisions of the 
ICJ have no binding force except on the parties to the dispute, therefore, past 
decisions of the ICJ are not binding.  
 
However, ICJ does refer to its past opinions when deciding new cases. The ICJ 
tends to examine its previous decisions, determine which cases should not be 
applied and rarely departs from the relevant case law. 
Also, Article 38 of the Statute of the International Court of Justice (ICJ) mentions 
Judicial decisions as a ‘subsidiary means for the determination of rules of law.’  
 
                                                           Or 
 
2 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Page 3


 
1 
MARKING SCHEME 
LEGAL STUDIES 
Code-074 
CLASS XII 
 Academic Session 2024-25 
 
 
S.No Expected Answers Marks 
 SECTION A  
Ans 1 (C) Attorney General 1 
Ans 2 (D) Introduction of lead free petrol in the country 1 
Ans 3 (B) Both Assertion (A) and Reason (R) are true and Reason (R) is not the correct 
explanation of Assertion (A) 
1 
Ans 4 (B) The contract is void because Suman is a minor. 1 
Ans 5 (C) Mr. Gupta is liable for negligence as he breached his duty of care by storing 
a hazardous substance in the basement. 
1 
Ans 6 (B) ‘quod approbo non reprobo’ 1 
Ans 7 (D) A new coffee shop aims to protect its brand name and logo from being used 
by others. 
1 
Ans 8 (B) Strict liability  1 
Ans 9 (C) Tort of Assault 1 
Ans 10 (C)  When a property is under litigation, the doctrine ensures that if any right of 
an immovable property is in question, such property cannot be transferred by any 
party to the suit so as to affect the rights of any other party.  
1 
Ans 11 (C) Nita Industries  Ltd. can ask for setting aside the arbitral award  1 
Ans 12 (D) Cases involving the International mercantile community 1 
Ans 13 (C) Head Constable 1 
Ans 14 (C) Statement 1 is correct but statement 2 is not correct 1 
Ans 15 (A) Both (A) and (R) are true and R is the correct explanation of A. 1 
Ans 16 (D) Rashi hasn’t attained 21 years of age 1 
 
2 
Ans 17 (A) Both (A) and (R) are true and R is the correct explanation of A. 1 
Ans 18 (C) The Award of Permanent Lok Adalat shall be final and deemed to be a 
decree of a civil court. 
1 
Ans 19 (B) Bhuvan can be convicted solely based on Jaya's dying declaration, provided 
the declaration is found to be true, voluntary and made in a fit state of mind. 
1 
Ans 20 (A) Both Statements are correct 1 
  
SECTION B 
 
Ans 21 (I) Regulators are specialized government agencies that oversee law and order 
compliance in the relevant government sectors.  
 
For example, one of the tribunals TDSAT functions alongside the regulator, TRAI 
(Telecom Regulatory Authority of India) in formulating laws and policy for 
resolving telecom disputes in India. 
 
Or 
 
(II) The Chief Justice of India is the senior most judge of the Supreme Court. 
Seniority is determined on the basis of the date of their appointment to the 
Supreme Court & if two Judges are appointed to the Court on the same day, the 
Judge who takes the oath first is the Senior Judge.  
 
1+1 
 
 
 
 
 
 
 
Ans 22 (I) a) Deciding the solution 
     b) Ask the parties to adhere to his decision 
 
(II). a) Civil suits   
      b) Compoundable criminal disputes 
0.5+0.5 
 
 
0.5+0.5 
Ans 23 (I)  Judicial decisions and the teachings of publicists are sometimes referred to as 
‘secondary sources or evidence of international law.  
 
The court may have jurisdiction to decide cases in which the parties agree to 
appear before the court, on their own behest, and agree to be bound by the 
decision of the ICJ. Article 59 of the Statute of the ICJ states that decisions of the 
ICJ have no binding force except on the parties to the dispute, therefore, past 
decisions of the ICJ are not binding.  
 
However, ICJ does refer to its past opinions when deciding new cases. The ICJ 
tends to examine its previous decisions, determine which cases should not be 
applied and rarely departs from the relevant case law. 
Also, Article 38 of the Statute of the International Court of Justice (ICJ) mentions 
Judicial decisions as a ‘subsidiary means for the determination of rules of law.’  
 
                                                           Or 
 
2 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3 
(II) Customary international law is comprised of two elements: 
 
(a) consistent and general international practice by states - it is the widespread 
repetition of similar international acts over time by states (State practice) and  
(b) a subjective acceptance of the practice as law by the international community 
- the requirement that the acts must occur out of a sense of obligation (opinion 
juris) 
 
International customary law is probably the most disputed source of 
international law. For example, it is not clear when a particular State practice 
becomes a legally binding State practice. It is also unclear how one can 
identify a rule of international custom, or how one can prove its existence. 
 
 
Ans 24 (I) The issue of allowing advertising and solicitation by lawyers requires 
balancing the interest of the public which includes getting information on legal 
rights and services through advertisements and enhancement of access to 
justice and the legal profession on one hand and the possible misuse of 
advertising techniques by lawyers which may lead to a loss of credibility of 
the profession as a whole. 
Or 
 
(II) Judge Advocate General  is the legal and judicial chief of the army and 
advises the Chief of the Army Staff on legal matters. 
 
a) The JAG’s Department is also responsible for emerging fields of military law 
such as those related to cyber laws, space laws, terrorism and human rights 
violations. 
b) It deals with military related disciplinary cases and litigation and assists in 
providing legal assistance to the army in human rights matters and the rule 
of law among other things. 
c) The service rendered in the JAG’s Department are considered to be judicial 
service as per the regulations for the Indian Army. 
d) (Any two) 
2 
 
 
 
 
 
 
 
1+0.5 
+0.5 
 
Ans 25 These days, the number of litigations is increasing day by day, which is against 
the smooth administration of justice. So far, emphasis was given only on post-
litigation assistance or help. Now, it is being realised that pre-litigation legal 
services are more useful than post-litigation legal services.  
 
The pre-litigation legal services include; Legal education, Legal advice, Legal 
awareness, and Pre-litigation settlement.  
 
Post Litigation services include all those services that are required to be rendered 
by an Advocate to his client. These services should be resorted only when pre-
litigation services fail to give any result.  
2 
Page 4


 
1 
MARKING SCHEME 
LEGAL STUDIES 
Code-074 
CLASS XII 
 Academic Session 2024-25 
 
 
S.No Expected Answers Marks 
 SECTION A  
Ans 1 (C) Attorney General 1 
Ans 2 (D) Introduction of lead free petrol in the country 1 
Ans 3 (B) Both Assertion (A) and Reason (R) are true and Reason (R) is not the correct 
explanation of Assertion (A) 
1 
Ans 4 (B) The contract is void because Suman is a minor. 1 
Ans 5 (C) Mr. Gupta is liable for negligence as he breached his duty of care by storing 
a hazardous substance in the basement. 
1 
Ans 6 (B) ‘quod approbo non reprobo’ 1 
Ans 7 (D) A new coffee shop aims to protect its brand name and logo from being used 
by others. 
1 
Ans 8 (B) Strict liability  1 
Ans 9 (C) Tort of Assault 1 
Ans 10 (C)  When a property is under litigation, the doctrine ensures that if any right of 
an immovable property is in question, such property cannot be transferred by any 
party to the suit so as to affect the rights of any other party.  
1 
Ans 11 (C) Nita Industries  Ltd. can ask for setting aside the arbitral award  1 
Ans 12 (D) Cases involving the International mercantile community 1 
Ans 13 (C) Head Constable 1 
Ans 14 (C) Statement 1 is correct but statement 2 is not correct 1 
Ans 15 (A) Both (A) and (R) are true and R is the correct explanation of A. 1 
Ans 16 (D) Rashi hasn’t attained 21 years of age 1 
 
2 
Ans 17 (A) Both (A) and (R) are true and R is the correct explanation of A. 1 
Ans 18 (C) The Award of Permanent Lok Adalat shall be final and deemed to be a 
decree of a civil court. 
1 
Ans 19 (B) Bhuvan can be convicted solely based on Jaya's dying declaration, provided 
the declaration is found to be true, voluntary and made in a fit state of mind. 
1 
Ans 20 (A) Both Statements are correct 1 
  
SECTION B 
 
Ans 21 (I) Regulators are specialized government agencies that oversee law and order 
compliance in the relevant government sectors.  
 
For example, one of the tribunals TDSAT functions alongside the regulator, TRAI 
(Telecom Regulatory Authority of India) in formulating laws and policy for 
resolving telecom disputes in India. 
 
Or 
 
(II) The Chief Justice of India is the senior most judge of the Supreme Court. 
Seniority is determined on the basis of the date of their appointment to the 
Supreme Court & if two Judges are appointed to the Court on the same day, the 
Judge who takes the oath first is the Senior Judge.  
 
1+1 
 
 
 
 
 
 
 
Ans 22 (I) a) Deciding the solution 
     b) Ask the parties to adhere to his decision 
 
(II). a) Civil suits   
      b) Compoundable criminal disputes 
0.5+0.5 
 
 
0.5+0.5 
Ans 23 (I)  Judicial decisions and the teachings of publicists are sometimes referred to as 
‘secondary sources or evidence of international law.  
 
The court may have jurisdiction to decide cases in which the parties agree to 
appear before the court, on their own behest, and agree to be bound by the 
decision of the ICJ. Article 59 of the Statute of the ICJ states that decisions of the 
ICJ have no binding force except on the parties to the dispute, therefore, past 
decisions of the ICJ are not binding.  
 
However, ICJ does refer to its past opinions when deciding new cases. The ICJ 
tends to examine its previous decisions, determine which cases should not be 
applied and rarely departs from the relevant case law. 
Also, Article 38 of the Statute of the International Court of Justice (ICJ) mentions 
Judicial decisions as a ‘subsidiary means for the determination of rules of law.’  
 
                                                           Or 
 
2 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3 
(II) Customary international law is comprised of two elements: 
 
(a) consistent and general international practice by states - it is the widespread 
repetition of similar international acts over time by states (State practice) and  
(b) a subjective acceptance of the practice as law by the international community 
- the requirement that the acts must occur out of a sense of obligation (opinion 
juris) 
 
International customary law is probably the most disputed source of 
international law. For example, it is not clear when a particular State practice 
becomes a legally binding State practice. It is also unclear how one can 
identify a rule of international custom, or how one can prove its existence. 
 
 
Ans 24 (I) The issue of allowing advertising and solicitation by lawyers requires 
balancing the interest of the public which includes getting information on legal 
rights and services through advertisements and enhancement of access to 
justice and the legal profession on one hand and the possible misuse of 
advertising techniques by lawyers which may lead to a loss of credibility of 
the profession as a whole. 
Or 
 
(II) Judge Advocate General  is the legal and judicial chief of the army and 
advises the Chief of the Army Staff on legal matters. 
 
a) The JAG’s Department is also responsible for emerging fields of military law 
such as those related to cyber laws, space laws, terrorism and human rights 
violations. 
b) It deals with military related disciplinary cases and litigation and assists in 
providing legal assistance to the army in human rights matters and the rule 
of law among other things. 
c) The service rendered in the JAG’s Department are considered to be judicial 
service as per the regulations for the Indian Army. 
d) (Any two) 
2 
 
 
 
 
 
 
 
1+0.5 
+0.5 
 
Ans 25 These days, the number of litigations is increasing day by day, which is against 
the smooth administration of justice. So far, emphasis was given only on post-
litigation assistance or help. Now, it is being realised that pre-litigation legal 
services are more useful than post-litigation legal services.  
 
The pre-litigation legal services include; Legal education, Legal advice, Legal 
awareness, and Pre-litigation settlement.  
 
Post Litigation services include all those services that are required to be rendered 
by an Advocate to his client. These services should be resorted only when pre-
litigation services fail to give any result.  
2 
 
4 
Ans 26 I. An agreement is the result of a proposal or an offer by one party and its 
acceptance by the other.  
II. Competent parties: the parties to the agreement must be competent to enter 
into a contract.  
III. Lawful consideration and lawful object: There must be lawful object and 
lawful consideration in respect of the agreement.  
IV. Free consent: there must be free consent of the parties that is free from 
coercion, undue influence, fraud, misrepresentation and mistake, when they 
enter into the agreement.  
V. Not expressly declared as void by the law: the agreement must not be the 
one, which has been declared as void by the law in force at the time of 
entering into the agreement.  
(Mention any four) 
2 
Ans 27 Tamil, Telugu, Gujarati speaking people living in Delhi are linguistic and cultural 
minorities. They are afforded protection under Article 29 and 30 of the Indian 
Constitution. 
 
I. Any minority group having a distinct language, script or culture of its own 
shall have the right to conserve the same. No citizen shall be denied 
admission into any educational institution maintained by the State or 
receiving aid out of State funds on grounds only of religion, race, caste, 
language or any of them.   
 
II. All Minorities, whether based on religion or language, have the right to 
establish and administer educational institutions of their choice. In making 
any law providing for the compulsory acquisition of any property of an 
educational institution established and administered by a minority 
 
1+1 
Ans 28 Fundamental Rights are justiciable rights. They are enforceable, as every 
individual has the right to seek help from courts if they are violated.  
 
Encroachment or violation of Fundamental Rights in our day-to-day life is a matter 
of great concern. This is why our Constitution does not permit the legislature and 
the executive to curb these rights. It provides legal remedies for the protection of 
our Fundamental Rights.  
 
When any of our rights are violated, we can seek justice through courts. We can 
directly approach the Supreme Court that can issue directions, orders or writs for 
the enforcement of Fundamental Rights. 
 
2 
 SECTION C  
Ans 29 (I) Amicus Curiae literally translated from Latin is “friend of the court”. 
 
If a petition is received from the jail or in any other criminal matter if the accused 
is unrepresented then an Advocate is appointed as amicus curiae by the Court 
to defend and argue the case of the accused.  
 
1+ 
 
 
1+1 
 
 
Page 5


 
1 
MARKING SCHEME 
LEGAL STUDIES 
Code-074 
CLASS XII 
 Academic Session 2024-25 
 
 
S.No Expected Answers Marks 
 SECTION A  
Ans 1 (C) Attorney General 1 
Ans 2 (D) Introduction of lead free petrol in the country 1 
Ans 3 (B) Both Assertion (A) and Reason (R) are true and Reason (R) is not the correct 
explanation of Assertion (A) 
1 
Ans 4 (B) The contract is void because Suman is a minor. 1 
Ans 5 (C) Mr. Gupta is liable for negligence as he breached his duty of care by storing 
a hazardous substance in the basement. 
1 
Ans 6 (B) ‘quod approbo non reprobo’ 1 
Ans 7 (D) A new coffee shop aims to protect its brand name and logo from being used 
by others. 
1 
Ans 8 (B) Strict liability  1 
Ans 9 (C) Tort of Assault 1 
Ans 10 (C)  When a property is under litigation, the doctrine ensures that if any right of 
an immovable property is in question, such property cannot be transferred by any 
party to the suit so as to affect the rights of any other party.  
1 
Ans 11 (C) Nita Industries  Ltd. can ask for setting aside the arbitral award  1 
Ans 12 (D) Cases involving the International mercantile community 1 
Ans 13 (C) Head Constable 1 
Ans 14 (C) Statement 1 is correct but statement 2 is not correct 1 
Ans 15 (A) Both (A) and (R) are true and R is the correct explanation of A. 1 
Ans 16 (D) Rashi hasn’t attained 21 years of age 1 
 
2 
Ans 17 (A) Both (A) and (R) are true and R is the correct explanation of A. 1 
Ans 18 (C) The Award of Permanent Lok Adalat shall be final and deemed to be a 
decree of a civil court. 
1 
Ans 19 (B) Bhuvan can be convicted solely based on Jaya's dying declaration, provided 
the declaration is found to be true, voluntary and made in a fit state of mind. 
1 
Ans 20 (A) Both Statements are correct 1 
  
SECTION B 
 
Ans 21 (I) Regulators are specialized government agencies that oversee law and order 
compliance in the relevant government sectors.  
 
For example, one of the tribunals TDSAT functions alongside the regulator, TRAI 
(Telecom Regulatory Authority of India) in formulating laws and policy for 
resolving telecom disputes in India. 
 
Or 
 
(II) The Chief Justice of India is the senior most judge of the Supreme Court. 
Seniority is determined on the basis of the date of their appointment to the 
Supreme Court & if two Judges are appointed to the Court on the same day, the 
Judge who takes the oath first is the Senior Judge.  
 
1+1 
 
 
 
 
 
 
 
Ans 22 (I) a) Deciding the solution 
     b) Ask the parties to adhere to his decision 
 
(II). a) Civil suits   
      b) Compoundable criminal disputes 
0.5+0.5 
 
 
0.5+0.5 
Ans 23 (I)  Judicial decisions and the teachings of publicists are sometimes referred to as 
‘secondary sources or evidence of international law.  
 
The court may have jurisdiction to decide cases in which the parties agree to 
appear before the court, on their own behest, and agree to be bound by the 
decision of the ICJ. Article 59 of the Statute of the ICJ states that decisions of the 
ICJ have no binding force except on the parties to the dispute, therefore, past 
decisions of the ICJ are not binding.  
 
However, ICJ does refer to its past opinions when deciding new cases. The ICJ 
tends to examine its previous decisions, determine which cases should not be 
applied and rarely departs from the relevant case law. 
Also, Article 38 of the Statute of the International Court of Justice (ICJ) mentions 
Judicial decisions as a ‘subsidiary means for the determination of rules of law.’  
 
                                                           Or 
 
2 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3 
(II) Customary international law is comprised of two elements: 
 
(a) consistent and general international practice by states - it is the widespread 
repetition of similar international acts over time by states (State practice) and  
(b) a subjective acceptance of the practice as law by the international community 
- the requirement that the acts must occur out of a sense of obligation (opinion 
juris) 
 
International customary law is probably the most disputed source of 
international law. For example, it is not clear when a particular State practice 
becomes a legally binding State practice. It is also unclear how one can 
identify a rule of international custom, or how one can prove its existence. 
 
 
Ans 24 (I) The issue of allowing advertising and solicitation by lawyers requires 
balancing the interest of the public which includes getting information on legal 
rights and services through advertisements and enhancement of access to 
justice and the legal profession on one hand and the possible misuse of 
advertising techniques by lawyers which may lead to a loss of credibility of 
the profession as a whole. 
Or 
 
(II) Judge Advocate General  is the legal and judicial chief of the army and 
advises the Chief of the Army Staff on legal matters. 
 
a) The JAG’s Department is also responsible for emerging fields of military law 
such as those related to cyber laws, space laws, terrorism and human rights 
violations. 
b) It deals with military related disciplinary cases and litigation and assists in 
providing legal assistance to the army in human rights matters and the rule 
of law among other things. 
c) The service rendered in the JAG’s Department are considered to be judicial 
service as per the regulations for the Indian Army. 
d) (Any two) 
2 
 
 
 
 
 
 
 
1+0.5 
+0.5 
 
Ans 25 These days, the number of litigations is increasing day by day, which is against 
the smooth administration of justice. So far, emphasis was given only on post-
litigation assistance or help. Now, it is being realised that pre-litigation legal 
services are more useful than post-litigation legal services.  
 
The pre-litigation legal services include; Legal education, Legal advice, Legal 
awareness, and Pre-litigation settlement.  
 
Post Litigation services include all those services that are required to be rendered 
by an Advocate to his client. These services should be resorted only when pre-
litigation services fail to give any result.  
2 
 
4 
Ans 26 I. An agreement is the result of a proposal or an offer by one party and its 
acceptance by the other.  
II. Competent parties: the parties to the agreement must be competent to enter 
into a contract.  
III. Lawful consideration and lawful object: There must be lawful object and 
lawful consideration in respect of the agreement.  
IV. Free consent: there must be free consent of the parties that is free from 
coercion, undue influence, fraud, misrepresentation and mistake, when they 
enter into the agreement.  
V. Not expressly declared as void by the law: the agreement must not be the 
one, which has been declared as void by the law in force at the time of 
entering into the agreement.  
(Mention any four) 
2 
Ans 27 Tamil, Telugu, Gujarati speaking people living in Delhi are linguistic and cultural 
minorities. They are afforded protection under Article 29 and 30 of the Indian 
Constitution. 
 
I. Any minority group having a distinct language, script or culture of its own 
shall have the right to conserve the same. No citizen shall be denied 
admission into any educational institution maintained by the State or 
receiving aid out of State funds on grounds only of religion, race, caste, 
language or any of them.   
 
II. All Minorities, whether based on religion or language, have the right to 
establish and administer educational institutions of their choice. In making 
any law providing for the compulsory acquisition of any property of an 
educational institution established and administered by a minority 
 
1+1 
Ans 28 Fundamental Rights are justiciable rights. They are enforceable, as every 
individual has the right to seek help from courts if they are violated.  
 
Encroachment or violation of Fundamental Rights in our day-to-day life is a matter 
of great concern. This is why our Constitution does not permit the legislature and 
the executive to curb these rights. It provides legal remedies for the protection of 
our Fundamental Rights.  
 
When any of our rights are violated, we can seek justice through courts. We can 
directly approach the Supreme Court that can issue directions, orders or writs for 
the enforcement of Fundamental Rights. 
 
2 
 SECTION C  
Ans 29 (I) Amicus Curiae literally translated from Latin is “friend of the court”. 
 
If a petition is received from the jail or in any other criminal matter if the accused 
is unrepresented then an Advocate is appointed as amicus curiae by the Court 
to defend and argue the case of the accused.  
 
1+ 
 
 
1+1 
 
 
 
5 
In civil matters also the Court can appoint an Advocate as amicus curiae if it thinks 
it necessary in case of an unrepresented party; the Court can also appoint amicus 
curiae in any matter of general public importance or in which the interest of the 
public at large is involved. 
 
Or 
(II) 
a) The judge-population ratio in India is among the lowest in the world. It is also 
necessary to increase the number of judges in the pool to enable the 
judiciary to deal with the enormous pendency of cases.  
 
b) Moreover, legislations provide for retired High Court and Supreme Court 
judges to man tribunals till the age of 70 as chairman and 65 as members. 
There is no reason why these judges should be retired so early.  
 
c) One aspect which has not been factored in is that as the Indian economy 
grows, the ratio of litigation to population will increase exponentially. 
Advanced economies such as Australia, Canada, France, the U.S., the U.K., 
and Japan have much higher litigation-to- population ratios.  
 
d) Several senior lawyers with requisite expertise and experience decline to 
accept judge-ship due to the lower retirement age of 62, especially in the 
High Courts. By an enhanced age, this problem could be rectified as 
advocates would have greater incentive to forgo their individual legal 
practice and function in the role of judges.  
 
e) Further, the relatively early retirement age in India is often linked to the 
declining quality of judicial service and the inability of a judge to properly 
effectuate the stipulated judicial workload. 
 
 
 
 
 
 
 
 
 
 
1+1+1 
Ans 30 (I)  
Arbitration Mediation 
Arbitration is a private arrangement of 
taking disputes to a less adversarial, 
less formal and more flexible forum 
and abiding the judgment of a 
selected person 
Mediation is a method of ADR in 
which parties appoint a neutral third 
party who facilitates the mediation 
process in order to assist the parties 
in achieving an acceptable, voluntary 
agreement. 
Role of an arbitrator is that of an 
adjudicator 
Role of a mediator is that of a 
facilitator 
Arbitration proceedings end with a 
binding award by the arbitrator 
Mediation proceedings are 
successful when the disputing 
parties mutually arrive at a decision. 
Mediator does not suggest any 
solution to the parties 
1+1+1