Kerala PSC Assistant Professor in Law Previous Question Paper – 165/2023

The Commission publishes this paper without an answer key, so no answers are shown.

1. Elucidate on H.L.A. Hart's concept of legal positivism. (4)

2. Explain the theory of Jural relations put forward by Hohfeld. (4)

3. "Constitutionalism means a system which is the antithesis of an arbitrary system." Discuss in short. (4)

4. Briefly point out 'Post-Gopalan developments' and its impact on the expansion of right to life in India. (4)

5. Delegated Legislation is a necessary evil. Comment. (4)

6. The words “in furtherance of” under S.34 of IPC goes beyond common intention. Do you agree? Give reasons. (4)

7. The Board of Directors of Moonstar Pvt. Limited, a subsidiary of PQL Ltd., decides a loan of Rs. 2 Lakh to X, the Finance Manager of the Company getting a salary of Rupees 30,000/- per month, to buy 400 partly paid up equity share of Rs. 1,000/- each of Moonstar Pvt. Ltd. Examine the validity of Board's decision with reference to the provisions of Companies Act, 2013. (4)

8. What do you mean by ‘nominative fair use’ as encapsulated under Section 30(2)(d) of the Trademarks Act, 1999? Discuss the 3 tests laid down in the Hawkins Cookers Ltd. V. Murugan Enterprises for availing the defense of ‘nominative fair use’ under Section 30(2)(d) in a trademark infringement case. (4)

9. How does Kyoto protocol help in developing environmental jurisprudence in India ? (4)

10. Elucidate on International human rights principles and standards which helps in protecting rights of women. (4)

11. Critically analyse Austin's theory of law and trace its relevance under the modern Indian legal system. (6)

12. Explain the concept of judicial creativity and trace out the various methods and approaches adopted by judiciary in ensuring justice. (6)

13. "Theory of Basic Structure is a protective mechanism of the Constitution of India", Comment in brief and refer to relevant cases. (6)

14. "Fundamental rights and the directive principles are compatible with each other'. Explain while name some cases. (6)

15. What are the basic principles of Natural Justice in administrative process ? (6)

16. In the reverse onus clause the presumption of innocence is diluted but not denied. Discuss. (6)

17. Precious Limited issued a notice for holding its Annual General Meeting on 7ᵗʰ September, 2022. The notice was posted to the members on 16ᵗʰ August, 2022. Some members of the Company alleged that the Company had not complied with the provisions of the Companies Act, 2013 with regard to the notice period, thereby making the meeting invalid. Decide:
i) Whether the meeting has been validly called?
ii) If there is a shortfall in the number of days by which the notice falls short of the statutory requirement, state and explain by how many days does it fall short of?
iii) Can the shortfall, if any, be condoned? If yes, under which provision of the Companies Act, 2013? (6)

18. Discuss the scope of statutory licensing of copyrighted content for broadcasting organisations under Section 31D of the Indian Copyright Act, 1957. Whether online platforms fall under the term “broadcasting organisations” in Section 31D of the Copyright Act, 1957? Explain citing recent case law and statutory developments on it. (6)

19. Explain the role of the National Green Tribunal for the effective adjudication of environmental disputes in India. (6)

20. Part III and Part IV of the Constitution of India reflects the substantive rights guaranteed under ICCPR and ICESCR. Discuss on the mechanisms under the Indian legal system to protect those substantive human rights. (6)