Class 12th Introduction to Law (338) Solved Free Assignment 2024-25 (NIOS)

1. Answer any one of the following questions in about 40-60 words.

a).Examine how the Council of Ministers is collectively responsible to the Legislative Assembly of the State. (See Lesson-21) 

Ans:-  The Council of Ministers is collectively responsible to the Legislative Assembly of the State. This means the entire Council is accountable for its actions and decisions. If the Legislative Assembly passes a vote of no-confidence against the Council, all members, including the Chief Minister, must resign, ensuring their policies align with the Assembly’s will.

b). Examine forms of “Specific Relief” for enforcing Individual Civil rights. (See Lesson-10)

Ans:- Specific relief is a legal remedy that enforces individual civil rights by ensuring the performance of a specific act, rather than awarding damages. Forms of specific relief include:  

1. **Recovery of Possession**: Restoring property or possession to its rightful owner.

2. **Specific Performance**: Enforcing contracts as agreed.

3. **Injunctions**: Preventing or mandating actions to uphold rights.

4. **Rectification/Rescission of Contracts**: Correcting or canceling contracts due to errors or fraud. 

2. Answer any one of the following questions in about 40-60 words. 

a)  Critically examine the role of Lok Adalats in providing cheaper and speedy justice to the people. (See Lesson-5)

Ans:-   Lok Adalats play a vital role in providing cheaper and speedy justice by resolving disputes through mutual agreement. They reduce the burden on regular courts, ensuring cost-effective and quick resolutions without lengthy trials. However, their limitation lies in handling only non-complicated cases, and parties must agree to the settlement for it to be binding.

b) Analyse the Original and Appellate Jurisdiction of the High Court. (See Lesson-13)

Ans:- The High Court has **Original Jurisdiction** in cases like fundamental rights violations, election disputes, and matters specified by law. It directly hears cases without them going through lower courts first.  

In its **Appellate Jurisdiction**, the High Court hears appeals against decisions from subordinate courts in both civil and criminal cases. This ensures a higher level of scrutiny and justice.

3. Answer any one of the following questions in about 40-60 words.

a) Why, in your opinion, does India have a common all-Indian services provision? (See Lesson-17)

Ans:-  India has a common All-India Services provision to ensure administrative uniformity and national integration. These services, like IAS and IPS, serve both the central and state governments, promoting coordinated development and effective governance. They uphold national interests while balancing regional priorities, ensuring stability and efficiency across the country.

b) Critically analyse salient features of Indian Constitution. (See Lesson-17)

Ans:- The Indian Constitution has several salient features:  

1. **Federal Structure with Unitary Bias**: A strong central government with powers to intervene in states during emergencies.  

2. **Parliamentary System**: Ensures accountability through elected representatives.  

3. **Fundamental Rights and Duties**: Protects individual freedoms while promoting responsibility.  

4. **Secularism**: Maintains a separation of religion and state.  

5. **Amendability**: Balances rigidity with flexibility to adapt over time.  

Critically, some argue that the unitary bias can undermine state autonomy.

4. Answer any one of the following questions in about 100-150 words.

a) Examine the Emergency provisions of Indian Constitution. (See Lesson-21) 

Ans:-  The Indian Constitution provides Emergency provisions under Articles 352, 356, and 360 to address extraordinary situations:  

1. **National Emergency (Article 352)**: Declared during war, external aggression, or armed rebellion. It centralizes power, suspends Fundamental Rights (except Articles 20 and 21), and allows the Parliament to legislate on state matters.  

2. **State Emergency (President’s Rule - Article 356)**: Imposed when a state government cannot function as per constitutional provisions. The President assumes executive powers of the state, and the legislature is dissolved or suspended.  

3. **Financial Emergency (Article 360)**: Declared when financial stability is threatened. It allows the central government to control financial matters and reduce salaries of government employees.  

Critically, while these provisions ensure stability, their misuse, as seen during the 1975 Emergency, highlights the need for cautious implementation to protect democratic integrity.

b) Critically analyse the differences in the functioning of Courts and Tribunals. (See Lesson-14)

Ans:- Courts and tribunals differ significantly in their functioning:  

1. **Jurisdiction**: Courts have broader jurisdiction covering civil and criminal cases, whereas tribunals are specialized bodies handling specific disputes like tax, labor, or consumer issues.  

2. **Procedure**: Courts follow strict procedural laws (e.g., CPC, CrPC), while tribunals adopt more flexible, less formal procedures for faster resolutions.  

3. **Decision-Makers**: Judges in courts are legally trained, while tribunals may include experts from non-legal fields for technical matters.  

4. **Appeals**: Court decisions can be appealed at higher courts, while tribunal appeals often go to specific appellate tribunals or the High Court.  

While tribunals provide specialized, quicker, and cost-effective justice, they may lack the procedural rigor and impartiality associated with courts. This creates concerns about their effectiveness in ensuring fairness.

5. Answer any one of the following questions in about 100 to 150 words.

a) Critically analyse Federalism in Indian Constitution. (See Lesson-17)

Ans:- Federalism in the Indian Constitution reflects a unique blend of federal and unitary features, tailored to the country's diverse needs:  

1. **Federal Features**:  

   - **Dual Government**: Separate central and state governments.  

   - **Division of Powers**: Legislative, administrative, and financial powers are divided through Union, State, and Concurrent Lists.  

   - **Independent Judiciary**: The Supreme Court resolves inter-state and center-state disputes.  

2. **Unitary Features**:  

   - **Strong Centre**: The Union can legislate on state matters during emergencies.  

   - **Single Constitution**: Unlike true federations, states do not have their own constitutions.  

   - **Governors**: Appointed by the President, they ensure central oversight of states.  

While this system ensures national unity and effective governance, critics argue it leans towards centralization, often undermining state autonomy, especially through emergency provisions and financial controls.

b) Critically compare Hindu and Muslim Law of Succession. (See Lesson-3)

Ans:- Hindu and Muslim laws of succession differ significantly in principles and application:  

1. **Basis**:  

   - **Hindu Law**: Based on codified laws like the Hindu Succession Act, 1956.  

   - **Muslim Law**: Derived from the Quran, Hadith, and customary practices.  

2. **Heirs**:  

   - **Hindu Law**: Recognizes Class I, Class II heirs, and agnates/cognates, with equal rights for sons and daughters.  

   - **Muslim Law**: Categorizes heirs into sharers, residuaries, and distant kindred, with fixed shares for each.  

3. **Gender Equality**:  

   - **Hindu Law**: Sons and daughters inherit equally after reforms.  

   - **Muslim Law**: Generally, a male heir receives double the share of a female heir, reflecting financial responsibilities.  

4. **Testamentary Freedom**:  

   - **Hindu Law**: Allows full freedom to will property.  

   - **Muslim Law**: Limits testamentary disposition to one-third of the estate.  

Critically, while Hindu law emphasizes equality, Muslim law prioritizes a balance between gender-specific roles and communal responsibility. Both systems aim to ensure justice within their cultural contexts.

6. Prepare any one project out of the following project given below:

(a) Govt. of West Bengal leases 5 acres of Kolkata Zoological Garden Property to the Taj Group to build Hotels. 

The Secretary of the Union of workers of the zoological Garden wants to contest the grant of Land.

i) What grounds can be cited 

ii) What Directive Principles can be taken. 

iii) Examine the fundamental duties that can be cited. 

iv) Cite relevant Case Law.

Ans:- Project: Contesting the Grant of Land to Taj Group by the Union of Workers of Kolkata Zoological Garden

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**i) Grounds that can be cited to contest the grant of land:**

The Union of Workers can contest the land grant on the following grounds:

- **Violation of Public Trust Doctrine**: The zoological garden is a public space meant for conservation and education, not for commercial development. Leasing it for hotel purposes might violate the principle that public resources should be used for public welfare.

- **Non-Compliance with Environmental Laws**: The development of a hotel may adversely affect the environment, including flora and fauna, which may violate environmental protection laws.

- **Lack of Transparency and Public Participation**: If the lease agreement was made without proper public consultation or transparency, it could be contested for procedural unfairness.

- **Violation of Fundamental Rights**: If the decision negatively affects the workers’ rights or jobs at the zoo, they can argue that the right to work and livelihood is being compromised.

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**ii) Directive Principles that can be taken:**

The following Directive Principles of State Policy (DPSP) can be cited:

- **Article 38**: Promotes the welfare of the people by securing a social order in which justice—social, economic, and political—shall inform all the institutions of the national life. Leasing land for private commercial purposes might conflict with this directive.

- **Article 39(b)**: Ensures that the ownership and control of material resources are distributed to serve the common good. Leasing public property for private commercial use might go against this principle.

- **Article 48A**: Directs the State to protect and improve the environment and safeguard forests and wildlife. If the hotel construction affects the zoo’s ecosystem, this article can be cited to argue against it.

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**iii) Fundamental Duties that can be cited:**

The following Fundamental Duties (Article 51A) may be relevant:

- **Article 51A(g)**: "To protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures." If the development harms the zoo’s ecosystem, this duty can be invoked.

- **Article 51A(j)**: "To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement." This could be cited if the project compromises the quality and purpose of the zoo in favor of commercial interests.

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**iv) Relevant Case Law:**

- **Indian Council for Enviro-Legal Action v. Union of India (1996)**: This case established that development projects harming the environment or violating ecological norms can be challenged under the public interest. The workers' union can reference this case to argue that the hotel development harms the zoo's environmental and educational purposes.

  

- **Municipal Corporation of Greater Bombay v. Shree Sachidanand (2006)**: This case emphasized the need for public consultation and transparency in the granting of public lands for private use. If the land lease agreement was done without proper procedure, this case can be cited.

- **T. Damodharan v. Government of Tamil Nadu (2003)**: This case discusses the duty of the government to protect public properties and not misuse them for private gain. The workers' union could use this case to argue that the zoological garden, as a public resource, should not be leased for a commercial purpose.

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b) A Businessman Sukhvinder, resident of Punjab aged 40 years, booked from an app M/s Sone Cabs, a Sona Prime Sedan for a journey of 80 km. He was promised an air conditioned vehicle. Sukhvinder found that during the entire trip in the cab, the air conditioner was not functioning putting him extreme discomfort. He had no option to lodge a complaint during the course of journey and was forced to pay Rs. 2000 as cab fare. Soon after Sukhvinder contacted Sona’s customer care, telling the representatives that AC was part of the fare and he needed a refund. However, the cab firm representatives told him that he charged as per rate chart and there was no additional charge for AC. 

Sukhvinder approached higher authorities of Sona Cab via mail for refund. Sona Cab in an email accepted that AC was included in the service but refused a refund and instead offered Sukhvinder a coupon of Rs. 100. Sukhvinder approached to District Consumer Dispute Commission.

i) Write down the various grounds which can be taken by Sukhvinder for refund of money. 

ii) What relief can Sukhvinder ask for? 

iii) Cite relevant case laws.

Ans:- Project: Sukhvinder’s Complaint Regarding Non-functioning Air Conditioner in Sona Cabs

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**i) Grounds that can be taken by Sukhvinder for refund of money:**

Sukhvinder can cite the following grounds for seeking a refund:

1. **Breach of Contract**: The booking was made with the understanding that the air conditioner would be functional as part of the promised service. The failure to provide the promised service constitutes a breach of contract, as the agreement included the AC as part of the fare.

   

2. **Deficiency in Service**: Under the **Consumer Protection Act, 2019**, Sukhvinder can claim that the service was deficient since the cab did not meet the promised standard (i.e., functioning air conditioning). This constitutes a failure of service delivery.

   

3. **Unfair Trade Practice**: Sukhvinder can argue that by advertising a "Sona Prime Sedan with AC" and then failing to provide the promised service, Sona Cabs engaged in unfair trade practices under the Consumer Protection Act.

   

4. **Consumer Rights Violation**: Sukhvinder has the right to receive the service as agreed upon. The company’s refusal to refund or offer a satisfactory solution violates his consumer rights, particularly the right to be informed, the right to choose, and the right to seek redressal.

5. **Inadequate Response**: The company’s offer of a Rs. 100 coupon is an inadequate and unsatisfactory remedy, considering the inconvenience and discomfort caused. It does not provide a proper resolution to the issue of non-functioning AC, for which he is entitled to a full refund.

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**ii) Relief that Sukhvinder can ask for:**

Sukhvinder can seek the following reliefs:

1. **Refund of the Fare**: He is entitled to a refund of the Rs. 2000 paid for the cab ride, as the service provided was deficient and did not include the air conditioning as promised.

   

2. **Compensation for Mental and Physical Discomfort**: He can request compensation for the inconvenience, discomfort, and stress caused by the non-functioning AC, especially since he had no way to address the issue during the journey.

   

3. **Additional Compensation for Unfair Trade Practices**: Sukhvinder can request compensation for the unfair trade practices of the company, especially considering the inadequate response from customer care and the insufficient coupon offer.

   

4. **Action for Consumer Rights Violation**: He may ask for a direction to ensure that Sona Cabs adhere to consumer protection laws in the future, including accurate representations of services and prompt redressal of consumer complaints.

5. **Legal Costs**: He may also ask for the cost of litigation incurred while filing the case before the District Consumer Disputes Redressal Commission.

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**iii) Relevant Case Laws:**

1. **Bharat Sanchar Nigam Ltd. v. N. Ramamurthi (2008)**: In this case, the Supreme Court held that deficiency in service, even in the case of telecom services, entitles the consumer to a remedy. Sukhvinder can use this case to argue that the failure to provide the promised service (AC) in a prepaid service constitutes deficiency in service.

   

2. **R.D. Hattangadi v. Pest Control (India) Pvt. Ltd. (1995)**: The Supreme Court held that if the service promised is not provided, the consumer has the right to claim damages and seek appropriate compensation. This case could support Sukhvinder's claim for a refund due to the failure of the AC service.

   

3. **National Commission Case (New India Assurance Co. Ltd. v. Sankar Saran (2002))**: This case dealt with claims of unfair trade practices, where the consumer was entitled to compensation for inconvenience caused by a breach of agreement. Sukhvinder can refer to this to emphasize that the company’s refusal to provide adequate redressal was an unfair practice.

4. **Laxmi Engineering Works v. P.S.G. Industrial Institute (1995)**: The court held that when services are paid for and the service is not delivered as agreed, the consumer is entitled to a full refund. This case can be cited by Sukhvinder to claim the refund of his fare.

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