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University of Delhi 2011 LL.M -mcl lm- comparative jurisprudence - Question Paper

Tuesday, 21 May 2013 09:40Web



[This question paper contains 2 printed pages.]

LLM/MCL

A


6431


Your Roll No.


LM-2011 - COMPARATIVE JURISPRUDENCE


Maximum Marks : 80

Time : 3 Hours


(Write your Roll No. on the top immediately on receipt of this question paper.)

Answer any four questions.

All questions carry equal marks.

1.    market may not necessarily be a poor economic ideology and may be a global compulsion, but if basic human needs and aspirations of the impoverished Indians have to be realistically satisfied, market needs to be tamed by activist intervention of the state.

Do you agree ? Comment in the light of Indias advance in the areas of de-regulation, privatisation and globalisation since the early 1990s and its constitutional obligations to social justice.

2.    (a) Explain the difference, if any, between individual

or personal freedom and political freedom giving appropriate examples.

(b) Joel Feinberg identifies seven liberty limiting principles in Rights, Justice and Bounds of Liberty.

3. Discuss and critically evaluate Jhon Rawls Theory of Justice and its implications for developing societies like India.

4 It has to be recognised that from the right to basic necessities flows an incidental right, or rather, a correlative state duty to facilitate access to justice for the victims of such deprivation. Does that resolve the dilemma of bread vs. freedom1 ?

Comment. What model would you suggest for fulfilment of the basic needs of millions of impoverished in India.

5.    Secularism in the context of our Constitution means only an attitude of live and let live developing into the attitude of live and help live.

Critically examine the above view expressed by Justices Mathew and Chandrachud in St. Xavier College Society Case, in the light of more recent judgements of the Supreme Court and your own understanding of the concept of secularism.

6.    Write brief notes on any two of the following :

(a)    Empowerment of Women as a strategy to bring about equality between men and women

(b)    Reception of Common law in India

(c)    Liberty and Civil Disobedience

(200)****

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