FT/LSAK/1124/B 10-JUN-2024

FIRST TERM EXAMINATION (2024-25)

MARKING SCHEME SET 2
Subject: LEGAL STUDIES Max. Marks:80
Grade: 11 Time: 3 HRS
SECTION A
1. a.Check and Balances
2. a.Hear and decide a case
3. c.Delegated Legislation
4. a.Democracy
5. C. Private member Bill
6. b. Totalitarian States
7. b.Aristole
8. b.32
9. b. Amendment
10. b. Public Interest Litigation( PIL)
11. a.Territory
12 C. Monarchy
13 c.Direct or Pure Democracy
14 a.Social Contract Theory
15 b.Judicial Review
16 a.Developmental States
17 b. Ordinance
18 a.House of Commons and House of Lords
19 a.Article 14-35
20 a.Article 50
SECTION B
21 • Separation of powers is an organizational structure where responsibilities, authorities,
and powers are divided between groups rather than being centrally held.
• Separation of powers is most closely associated with political systems, in which the
legislative, executive, and judicial powers of government are vested in separate
bodies.
Legislative- create Laws
Executive -Execute the Law
Judiciary - Interprets the Law
 Concept of Separation of powers was coined by baron de Montesquieu
22 1.Under patria potestas ( Family Head), the eldest male parent of the family had the final and
unqualified authority over the family and the household
1. The Patriarchal theory finds its support from Sir Henry Maine
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 1. He expanded the family ties by polygamy
2. Mater familias (mother as the head of family) as the martia potestas (mother as the final
authority) in matters of possession and disposal of property of the family.
2. Matriarchal Theory finds support from political thinkers like McLennan and Edward Jenks.
2.They expanded family by the system of marriage included polygamy as also polyandry.
Black’s Law dictionary defines ‘State’ as “the political system of a body of people who are
politically organized; the system of rules by which jurisdiction and authority are exercised over
such a body of people.
Article 12 defines the term 'State'
23. Black’s Law dictionary defines ‘State’ as “the political system of a body of people who are
politically organized; the system of rules by which jurisdiction and authority are exercised over
such a body of people.
 Article 12 defines the term 'State'
24.  Under a parliamentary system, the legislative and executive branches are connected
to one another by shared membership and responsibility.
 In the UK and India, this type of administration is widely used.
 The legislature holds the executive branch accountable for enforcing the law and
carrying out its duties in the areas of public health, education, food distribution,
defense, and law enforcement.
 Under the presidential form of government, the legislative branch has no influence
on the acts or tenure of the executive branch.
 Argentina and the United States of America both have this type of government in place.
 Whether directly or indirectly chosen by the people, the president is in office for a set
term of office until the legislature removes him or her through impeachment for
reasons outlined in the nation’s Constitution.
25. a. India
b. India and US
26. Three factors of SOP
1. A person should not be the member of more than one organs of the State.
i.e. Executives ( Ministers) cannot be the members of Legislature
It is applicable in U.S ( Presidential form of Government).
It is not applicable in India( Parliamentary Form of Government).
Example : Ministers are the members of Lok Sabha and Raja Sabha ( Legislative
body).
2. One organ should not control other organ .
i.e. Parliament should not control / regulate the other organ.( Minsters- Executives).
Because all the powers are divided and demarcated.
Example : Legislature should not control Executives ( Ministers)
3. One organ should not exercise the powers of the other organ.
i.e. Executive should not do the work of Legislatures.
Example : Ministers should not be involved in Law Making. Because Ministers are
Executives and they cannot make law.
27  Totalitarian States Philosophers like Hegel and dictators such as Hitler and Mussolini
held that the state must have absolute powers and individuals have no right against the
state.
 According to this view, the state can do no wrong. The whole life of an individual is

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 within the jurisdiction of the state.
28  Yes ,Montesquieu’s Separation of Powers be applied in countries like India and UK
because we follow Parliamentary form of government.
 In India and in UK , a separation of functions rather than of powers is followed. Unlike
in the US, in India, the concept of separation of powers is not adhered to strictly.
However, a system of checks and balances have been put in place in such a manner that
the judiciary has the power to strike down any unconstitutional laws passed by the
legislature.
SECTION C
29 Legislature’s Role:
Expressing and formulating the will of the state and enactment of laws
Ensuring accountability of the executive
Legislature performs judicial functions while hearing and trying cases of impeachment (removal
from office before term)
Executives Role:
Internal and External Administration of the State
Executive performs certain legislative functions like Delegated Legislation and Ordinance.
Judicial functions of the executive include power to grant pardon.
Judiciary’s Role:
Hear and Decide disputes.
Judicial Review
Interpretation of laws
30 Elements of a State:
Population
The state is a human association constituted by the people living there. Population is an essential
element of a state. It is the people who make a state, without them there can be no state
According to Aristotle, states that the population of a state should neither be so large that
administration may be inconvenient nor so small that people may not lead a life of peace and
security.
Territory
A state is a territorial institution. The fixed territory and population of a state gives it a physical
identity in the eyes of municipal law and international law
Government
Government is the political and administrative organ of a State.
The state operates through its government. The state consists of all its citizens, and is a broader
concept.
The Government is the sum total of legislative, executive, and judicial activities of a state.
Sovereignty
Sovereignty means Supreme and Final Authority above and beyond which no legal power exists.
Sovereignty has two aspects
1. Internal sovereignty
2. External sovereignty
31 Advantages of the doctrine of SOP
1. Each organ is different and works independently.
2. It aims at protecting freedom of individual from tyrannical rule of absolute monarchy.
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 The system of Checks and Balances provides harmonious exercise of powers and functions
within the three organs
Disadvantages of the doctrine of SOP
• Three organs of the Government cannot be divided into water tight compartments.
• Extreme separation of powers prevents the unity and coordination .
This doctrine is not applicable in India( Parliamentary form of Government). Where
Legislative and Executive organs are combined
32 State Government
A State has four essential elements— Government is only one element of the State.
Population, Territory, Government and
Sovereignty
Sovereignty is the hallmark of the State. It The government exercises power on behalf of
belongs to the State the State.
The State has sovereign ownership and The government has the responsibility to
jurisdiction over its territory. State is a preserve, protect and defend the territory of the
territorial entity and territory belongs to it. State.
33 • India’s governing system is similar to Britain’s.
• We follow Parliamentary system of Government.
• Three organs of the Government are the Legislature, executive and the Judiciary.
We have not adopted this doctrine of SOPs in its Strict sense
• The President- Nominal executive head.
• Executive: The real executive is the Prime Minister and His/her Council of Ministers
and they are the members of the Parliament.
Legislature : According to Article 246 of the Constitution, the Parliament and the Legislatures
of the States have power to make laws.
34 Any three theories on the origin of State:
 Theory of Kinship
 Matriarchal Theory
 Patriarchal Theory
35 Article 368 of the Constitution- Amendment of the provisions without changing the basic
structure of the Constitution.
Procedures:
Introduce the bill, prior permission of the President not necessary.
Passes in both the houses of the Parliament.
When Majority approves, will be placed before the President for the assent.
President cannot deny or cannot send it back for reconsideration.
Without changing the basic structure of the constitution, amendment can be made in certain
provisions.
Kesavananda Bharati’s case- Basic Structure doctrine.
36 The Constitution explicitly assigns the president the power to sign or veto legislation, command
the armed forces, ask for the written opinion of their Cabinet, convene or adjourn Congress,
grant reprieves and pardons, and receive ambassadors.

SECTION D
37 Definition of State (Article 12)
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 Importance of Article 12 under Constitution of India
The importance of Article 12 lies in the fact that it clarifies the scope and extent of the term
“State,” which is used in many fundamental rights provisions such as Articles 14, 15, and 21.
These provisions guarantee equality before the law, prohibit discrimination on various grounds,
and provide for the protection of life and personal liberty.
By including all local and other authorities within the territory of India or under the control of
the Indian government within the definition of State under Article 12, it is ensured that these
authorities are bound to follow the fundamental rights provisions of the Constitution, and any
violation of these rights by such authorities can be challenged in court.
Meaning of other authorities for State under Article 12
University of Madras v. Santa Bai
Rajasthan Electricity Board v. Mohan Lal
Ajay Hasia v. Khalid Mujib
In the case of Ramana Dayaram Shetty v. International Airport Authority of India (IAAI), the
Supreme Court laid down the guidelines to determine whether an entity can be considered an
“other authority” under Article 12 of the Indian Constitution.
38 The five types of writs are:
1. Habeas Corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo-Warranto
39 Amerintina has a representative democratic government and Plicia has the direct democracy type
of government. Also known as indirect democracy, representative democracy is a form of
government.
40 • The three organs of the government are the Executive head ( British Monarchy),
Legislature comprised of House of Commons and House of Lords, and the Judiciary.
• They have fusion of powers rather than SOPs.
British Queen acts as the nominal executive head and is devoid of political powers.( Council of
ministers will holds the power.
• The real executive power rest with the Prime Minister and the Council of Ministers.
House of Common and House of Lords ( Legislation)- Making laws.

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