Some study material for Local Self Governments

For information on Local self-government in India see

https://en.wikipedia.org/wiki/Local_self-government_in_India

For basic information see

http://www.importantindia.com/1898/types-of-local-self-government/

For a brief History see

https://cseindiaportal.wordpress.com/2012/10/04/evolution-of-local-self-government/

A brief history of Local Self Government in India

http://shodhganga.inflibnet.ac.in/bitstream/10603/66871/7/07_chapter%201.pdf

http://finance.mp.gov.in/rlb4e.pdf

http://www.kkhsou.in/main/polscience/localself_government.html

For Constitutional Provisions on Local Self Governments see Chapter IX and IX A and Schedules 11 and 12 of the Constitution of India. The following link will lead you to the constitution.

http://lawmin.nic.in/coi/coiason29july08.pdf

For Kerala Act on Local Self Governments see the following

For Kerala Panchayat Raj Act and Rules, 1994 visit http://www.panchayat.gov.in/documents/10198/350801/Kerala%20Panchayati%20Raj%20Act%201994%20and%20Rules.pdf

For a list of laws connected with Panchayat Raj Act visit

http://lsgkerala.in/karodepanchayat/files/2014/05/kerala-panchayat-raj-act-1994.pdf

For a selected list of laws connected with Panchayat Raj Act visit

http://lsgkerala.in/kuthiathodpanchayat/files/2014/03/rules.pdf

For Kerala Panchayat Raj Accounts Rules, 2011 in Malayalam visit

http://www.go.lsgkerala.gov.in/files/gz20110328_7145.pdf

For social audit see

http://www.arogyakeralam.gov.in/docs/mandatorydisclosure2015/Report-_Social_Audit-_1.pdf

http://www.nird.org.in/nird_docs/socialaudit/English-sa.pdf

For more details see LSGD Site

http://www.lsg.kerala.gov.in/en/index.php

                                                                     Proposed Research Work

Project Title:-A study of Solid Waste Management with special focus on the role of local self governments in Kerala

Introduction

India is the second largest nation in the world, with a population of 1.28 billion, accounting for nearly 17.50% of world’s human population, but it does not have enough resources or adequate systems in place to treat its solid wastes. Its urban population constitutes  33%  of its total population , which is greater than the entire population of US, the third largest country in the world according to population . India is facing a sharp contrast between its increasing urban population and available services and resources. Solid waste management (SWM) is one such service where India has an enormous gap to fill. Proper municipal solid waste (MSW) disposal systems to address the burgeoning amount of wastes are absent. The current SWM services are inefficient, incur heavy expenditure and are so low as to be a potential threat to the public health and environmental quality  Improper solid waste management deteriorates public health, causes environmental pollution, accelerates natural resources degradation, causes climate change and greatly impacts the quality of life of citizens.

The present citizens of India are living in times of unprecedented economic growth, rising aspirations, and rapidly changing lifestyles, which will raise the expectations on public health and quality of life. Remediation and recovery of misused resources will also be expected. These expectations when not met might result in a low quality of life for the citizens .Pollution of weather air, water or land results in long-term reduction of productivity leading to a deterioration of economic condition of a country. Therefore, controlling pollution to reduce risk of poor health, to protect the natural environment and to contribute to our quality of life is a key component of sustainable development . The per capita waste generation rate in India has increased from 0.44 kg/day in 2001 to 0.5 kg/day in 2011, fuelled by changing lifestyles and increased purchasing power of urban Indians. Urban population growth and increase in per capita waste generation have resulted in a 50% increase in the waste generated by Indian cities within only a decade since 2001. There are 53 cities in India with a million plus population, which together generate 86,000 TPD (31.5 million tons per year) of MSW at a per capita waste generation rate of 500 grams/day. The total MSW generated in urban India is estimated to be 68.8 million tons per year (TPY) or 188,500 tons per day (TPD) of MSW. Such a steep increase in waste generation within a decade has severed the stress on all available natural, infrastructural and budgetary resources. 

SOME JURISPRUDENCE QUESTIONS PROPERLY CLASSIFIED

Compiled by Chinthu

PRECEDENT

1. Explain precedent as a source of law

2. Discuss the factors weakening the operation of precedent as a source of law

3. What is meant by legislation? What are the advantages of legislation over precedent as a source of law?

4. Examine the system of precedent as a source of law

5. Distinguish between condition precedent and condition subsequent

6. Explain precedent as a source of law

7. Examine the system of precedent as a source of law

8. Explain the circumstances destroying or weakening the binding force of precedent

9. Explain the doctrine of precedent

LEGAL RIGHT

1. What are the various kinds of legal rights?

2. Define legal right. What are the elements of legal right?

3. Write a note on legal right

4. What are the various kinds of legal rights?

SOCIOLOGICAL SCHOOL OF JURISPRUDENCE

1. Critically evaluate the contribution of sociological school of jurisprudence

2. Write short note on sociological school of jurisprudence

3. Examine the contribution of sociological school of jurisprudence

LEGISLATION

1. What are the advantages of legislation over precedent?

2. Write a note on delegated legislation.

3. Explain delegated legislation.

4. Examine legislation as a source of law

5. What are the different kinds of legislation?

6. What are the different kinds of legislation?

7. What do you mean by legislation? What are the different kinds of legislation?

8. Explain the merits of legislation over other sources of law.

9. Distinguish between the supreme and subordinate legislation. State the chief forms of subordinate legislation.

NATURAL LAW

1. Write a critical note on the relationship between natural law and positive law.

2. Examine the relationship between natural law and positive law.

3. Explain the contribution of the natural law theory for the development of legal system in the 20^th century.

PERSON

1. What do you mean by person? What are the different kinds of persons?

2. What is meant by person? What are the different kinds of persons?

RIGHT

1. A right is an interest recognized and protected rule of law. Discuss.

2. Rights and duties are co relative. Explain.

3. Rights are duties are necessarily co relative. Explain.

4. Distinguish between right in rem and right in personam.

5. Explain the right in rem.

6. What are the rights of unborn persons?

7. Explain the difference between right in rem and right in personam.

8. Distinguish between contingent right and vested right.

9. What is right in rem?

10. What do you mean by positive and negative rights?

11. Distinguish between right in rem and right in personam.

12. There cannot be no right without corresponding duty. Explain.

13. Distinguish positive rights from negative rights.

PUNISHMENT

1. Discuss the theories of punishment.

2. Explain the different theories of punishment.

3. What are the theories of punishment?

OWNERSHIP

1. What is meant by ownership? Discuss briefly the different kinds of ownership.

2. Ownership is a right indefinite in point of user, unrestricted point of disposition and unlimited in point of duration over a determinate thing Austin. Elucidate.

3. Ownership strictly a legal concept possession is both a legal and a non legal or pre legal concept. Comment.

4. What are the various types of ownership? State the difference between ownership and possession.

5. Define ownership. What are the kinds of ownership?

6. What are the modes of acquiring ownership?

7. Ownership is either vested or contingent. Explain.

8. What is meant by duplicate ownership?

9. Ownership is either vested or contingent. Comment.

10. Discuss the different ways in which there could be duplicate ownership.

CUSTOM

1. What are the constituents of a valid custom? How would you distinguish custom from prescription?

2. Explain the requisites of a valid custom.

3. Examine custom as a source of law.

4. Explain the requisites of a valid custom.

5. Explain custom as a source of law. What are the different kinds of custom?

6. Explain the relation between custom and prescription.

7. State the difference between legal custom and conventional custom.

OBLIGATION

1. What are the different sources of obligation?

2. What are the sources of obligation?

3. What are the sources of obligation?

4. What is solitary obligation?

5. What is obligation? What are the sources of obligation?

REALISM

1. Explain the tenets of American realism.

2. Write a note on the Scandinavian realism.

PROPERTY

1. Analyze the concept of possession, which are the essentials necessary to constitute it. Which are the different modes of acquisition of property?

2. Define property. What are the different kinds of property?

3. What are the modes of acquisition of property?

SOURCES OF LAW

1. Critically evaluate the different sources of law.

POSSESSION

1. Possession is nine points in law comment.

2. Explain possession in fact and possession in law.

3. What are the different kinds of possession?

4. Possession is nine points in law comment.

5. State the methods of acquiring possession.

6. What is possession? Explain the various modes of acquiring possession.

AUSTIN

1. Critically evaluate austin’s theory of law.

2. Explain Austin’s imperative theory of law.

4. Examine the analytical theory of Austin.

ANALYTICAL JURISPRUDENCE

1. Critically evaluate the contribution of analytical jurisprudence to the development of jurisprudence.

2. Discuss the important characteristics of analytical jurisprudence.

LAW AND MORALITY

1. Explain the difference between law and morals.

2. Explain the relationship between law and morality.

RATIO DECIDENDI

1. What is meant by ratio decidendi?

2. What is ratio decidendi? Distinguish it from obiter dicta.

3. Explain obiter dicta and ratio decidendi.

JUSTICE

1. State the differences between civil and criminal justice.

2. A right is an interest recognized and protected by a rule of legal justice explain.

3. The function and purpose of law is justice stability and peaceful change. Discuss.

4. Examine the purpose of criminal justice.

5. Explain the purpose of the criminal justice.

6. Write a short note on civil and criminal justice.

7. What are the objectives of administration of civil justice?

8. Write a note on distributive justice and corrective justice.

9. Distinguish between civil and criminal justice.

10. Explain corrective justice and distributive justice.

ESSAYS:

3. Discuss the jural correlatives enunciated by Hohfeld.

4. Examine the nature and scope of legal personality. Consider the status of lower animals, dead men and unborn persons.

5. What are the theories of corporate personality?

10 MARK QUESTIONS:

3. Explain the maximum actus non facit reum nisi mens sit rea.

4. What is meant by title? Explain the classification of title.

5. What do you mean by negligence? What are the theories of negligence?

6. Discuss how far the doctrine of stare decisis has been followed in supreme court of India.

7. What is codification? What are its merits and demerits of codification?

8. Explain with illustrations, substantive and procedural law.

9. Motive is not generally a factor for determining criminal liability. Comment.

10. What do you mean by territoriality of law? Distinguish it from territorial operation of law.

11. The act alone does not make the doer of its guilty comment.

12. The function of a judge is not to make law but to declare law. Comment.

13. What are the uses and purposes of incorporation?

14. Discuss the grounds for abolition of death penalty.

15. What are the merits of comparative jurisprudence?

SHORT ANSWERS:

4. Explain the mischief rule of interpretation.

5. What is meant by codification? What are its advantages?

6. What are the uses and purposes of incorporation?

7. Explain the will theory of right.

8. Write a note on the contribution of Henry Maine.

9. Define liability.

10. Explain the doctrine of prospective over ruling.

11. Discuss the theories with regard to the relationship between state and law.

12. Law is not the right alone or might alone but the perfect union of two. Explain.

13. Write a note on obiter dictum.

14. Distinguish between intension and motive.

15. What are the elements of a state?

16. Explain the legal statues of the dead men and unborn persons.

17. Write a short note on mistake of law and mistake of fact.

18. Explain the theory of strict liability.

19. Write a note on imperative theory of law.

20. What is positivism?

21. Explain the status of the unborn persons.

22. What is meant by dominant heritage?

23. Explain the doctrine of stare decisis.

24. What is Voksgeist?

25. Write a short note on equity.

26. What are the benefits of incorporation?

27. Define servitude. Distinguish it from property.

28. Explain acts in law and act of law.

29. Explain vested and contingent interest.

30. Distinguish between motive and intension.

31. Examine the legal status of an unborn person.

32. Explain the theory of strict liability.

33. What are the advantages of codification?

34. What are the different modes of acquisition of property?

35. Explain intention and motive.

36. Explain corporate personality.

37. What is meant by codification? What are its advantages?

38. Write a short note on Kelson’s pure theory of law.

39. Write short note on natural law.

40. State briefly Roscoe Pound’s theory of social engineering.

41. Distinguish between substantive and procedural law.

42. Explain the maxim actus non facit rea nisi mens sit rea.

43. What is golden rule of interpretation?

44. What is meant by social engineering theory?

45. What is meant by codification?

46. Critically examine marks concept of withering away of the law of state.

SOME JURISPRUDENCE QUESTION PAPERS

COMPILED BY CHINTHU

First semester LLB 5 year degree examination March 2013

(2007 and earlier admissions)

(Common to Ist semester LL.B 3 year course

6 Mark questions:

1. What are the advantages of legislation over precedent?

2. What is meant by duplicate ownership?

3. Explain the relationship between law and morality

4. Wrote a short note on civil and criminal justice

5. Explain the mischief rule of interpretation

6. What is meant by codification? What are its advantages?

7. Distinguish between right in rem and right in personam

8. What are the uses and purposes of incorporation?

10 Mark questions.

1. Explain the maximum actus non facit reum nisi mens sit rea

2. What is possession? Explain the various modes of acquiring possession

3. Examine the analytical theory of Austin

4. What is meant by title? Explain the classification of title.

20 Mark questions

1. Explain precedent as a source of law

2. What are the various kinds of legal rights?

3. Examine the contribution of sociological school of jurisprudence

4. Distinguish between the supreme and subordinate registration. State the chief forms of subordinate legislation

First semester LL.B (Three Year) Degree Examination, AprIl 2013.

Common to V semester LL.B. 5 Yr Degree

Part 1

1. Explain the will theory of right

2. What are the objectives of administration of civil justice?

3. Examine the system of precedent as a source of law

4. Write a note on distributive justice and corrective justice

5. Explain the right in rem

6. Write a note on the contribution of Henry Maine

7. Define liability

8. What are the rights of unborn persons?

Part 2

1. What do you mean by legislation? What are the different kinds of legislation?

2. What are the modes of acquiring ownership?

3. What do you mean by negligence? What are the theories of negligence?

4. Define property. What are the different kinds of property?

Part 3

1. Explain the contribution of the natural law theory for the development of legal system in the 20^th century

2. Discuss the factors weakening the operation of precedent as a source of law

3. Discuss the jural correlatives enunciated by Hohfeld

4. What do you mean by person? What are the different kinds of persons?

Third semester LL.B (5 Year) Degree examination APRIL 2013.

CL5 Jurisprudence

(Legal method, Indian-Legal system and basic theory of law)

Part 1

1. Examine the relationship between law and morality

2. Ownership is either vested or contingent-comment

3. Explain the doctrine of prospective over ruling

4. Distinguish between civil and criminal justice

5. Discuss the theories with regard to the relationship between state and law

6. Explain the relation between custom and prescription

7. Law is not the right alone or might alone but the perfect union of two. Explain

8. Write a note on obiter dictum

Part 2

1. Discuss the important characteristics of analytical school of jurisprudence

2. Discuss how far the doctrine of state decisis has been followed in Supreme Court of India

3. Possession is nine points in law comment

4. What is codification? What are its merits and demerits of codification?

Part 3

1. Examine legislation as a source of law

2. What is meant by person? What are the different kinds of persons?

3. A right is an interest recognized and protected rule of law discuss

4. Discuss the theories of punishment

Fifth semester LL.B (5 Year) degree examination, March 2012

(Common to Ist semester LL.B (3Year) Course.

(2001-2007 admissions)

Part 1

1. Distinguish between intension and motive

2. What are the elements of a state?

3. Explain the legal statues of the dead men and unborn persons

4. Write a short note on misstate of law and mistake of fact

5. What is meant by ratio decidendi

6. Explain the difference between right in rem and right in personam

7. Distinguish between contingent right and vested right

8. Explain the theory of strict liability

Part 2

1. Define legal right. What are the elements of legal right?

2. Rights and duties are co relative explain

3. Explain the purpose of the criminal justice

4. Examine the relationship between natural law and positive law

Part 3

1. What are the different kinds of legislation?

2. What is meant by ownership? Discuss briefly the different kinds of ownership

3. Explain the circumstances destroying or weakening the binding force of precedent

4. What are the constituents of a valid custom? How would you distinguish custom from prescription?

Fifth semester LL.B (5 Year) Degree examination March 2012

(Common to 1 semester LL.B (3 Year) course

(2001-2007 Admissions)

Part 1

1. Write a note on imperative theory of law

2. What is positivism?

3. Write a note on legal right

4. Explain corrective justice and distributive justice

5. Explain the status of the unborn persons

6. What is right in rem?

7. State the methods of acquiring possession

8. Discuss the different ways in which these could be duplicate ownership

Part 2

1. Explain with illustrations, substantive and procedural law

2. Ownership is either vested or contingent. Explain

3. Explain possession in fact and possession in law

4. Motive is not generally a factor for determining criminal liability comment

Part 3

1. Examine the nature and scope of legal personality. Consider the status of lower animals dead men and unborn persons

2. Explain the different theories of punishment

3. Analyse the concept of possession, which are the essentials necessary to constitute it. Which are the different modes of acquisition of property?

4. The function and purpose of law is justice stability and peaceful change. Discuss

First semester LL.B (3 year) Degree Examination June 2012

(Common to V semester LL.B (5 Year) Course. 2008 admissions

Part 1

1. What is meant by dominant heritage?

2. Explain the doctrine of stare decisis

3. What is Voksgeist?

4. Write a short note on equity

5. What do you mean by positive and negative rights?

6. What are the benefits of incorporation?

7. Define servitude. Distinguish it from property

8. Explain acts in law and act of law

Part 2

1. Explain custom as a source of law. What are the different kinds of custom?

2. What do you mean by territoriality of law? Distinguish it from territorial operation of law

3. Write a note on the Scandinavian realism

4. What are the different sources of obligation?

Part 3

1. Ownership is a right indefinite in point of user, unrestricted in point of disposition and unlimited in point of duration over a determinate thing Austin. Elucidate

2. Critically evaluate the contribution of analytical jurisprudence to the development of jurisprudence

3. Explain the tenets of American realism

4. Critically evaluate the different sources of law

First semester LL.B (3 Year) Degree examination, May 2011

Common to V semester LL.B (5 Year course)

2008 admissions

Part 1

1. Explain vested and contingent interest

2. Write short note on sociological school of jurisprudence

3. Explain the doctrine of precedent

4. Distinguish between motive and intension

5. Examine the legal status of an unborn person

6. Explain the theory of strict liability

7. State the differences between civil and criminal justice

8. What are the advantages of codification?

Part 2

1. Rights are duties are necessarily co relative explain

2. What are the modes of acquisition of property?

3. The act alone does not make the doer of its guilty comment

4. What are the sources of obligation?

Part 3

1. Write a critical note on the relationship between natural law and positive law

2. What are the different kinds of legislation?

3. Explain the requisites of a valid custom

4. Ownership strictly a legal concept possession is both a legal and a non legal or pre legal concept. comment.

Fifth semester (5 Year) Degree examination, June 2011

Common to 1st Semester LL.B 3 year course

(2001 to 2007 admissions)

Part 1

1. What are the different modes of acquisition of property?

2. Write a note on delegated legislation

3. Explain intention and motive

4. What is ratio decidendi? Distinguish it from obiter dicta

5. Explain corporate personality

6. What is meant by codification? What are its advantages?

7. Distinguish between right in rem and right in personam

8. Write a short note on kelsons pure theory of law

Part 2

1. A right is an interest recongnized and protected by a rule of legal justice explain

2. Critically evaluate austins theory of law

3. Explain the difference between law and morals

4. What are the sources of obligation?

Part 3

1. What are the theories of punishment?

2. Examine custom as a source of law

3. What are the various types of ownership? State the difference between ownership and possession

4. Critically evaluate the contribution of sociological school of jurisprudence

First semester LL.B (3 Year) Degree

examination May 2009. 2008 admissions

Part 1

1. Write short note on natural law

2. Distinguish between condition precedent and condition subsequent

3. State briefly Roscode Pounds theory of social engineering

4. Explain delegated legislation

5. Distinguish between substantive and procedural law

6. Explain the maxim actus non facit rea nisi mens sit rea

7. What is solitary obligation?

8. What is golden rule of interpretation?

Part 2

1. Explain the merits of legislation over other sources of law

2. What are the different kinds of possession?

3. The function of a judge is not to make law but to declare law comment

4. Explain Austins imperative theory of law

Part 3

1. What are the various kinds of legal rights?

2. What are the theories of corporate personality?

3. Examine the purpose of criminal justice

4. Explain the requisites of a valid custom

First semester LL.B ( 3 Year) Degree examination

APRIL 2008

Part 1

1. What is meant by social engineering theory?

2. There cannot be no right without corresponding duty explain

3. Explain obiter dicta and ratio decidendi

4. State the difference between legal custom and conventional custom

5. What is meant by codification?

6. Critically examine marks concept of whithering away of the law of state

7. What is obligation? What are the sources of obligation?

8. Distinguish positive rights from negative rights

Part 2

1. What are the uses and purposes of incorporation?

2. Discuss the grounds for abolition of death penalty

3. Possession is nine points in law comment

4. What are the merits of comparative jurisprudence?

Part 3

1. What is meant by legislation? What are the advantages of legislation over precedent as a source of law?

2. Define ownership. What are the kinds of ownership?

3. Explain the different theories of punishment

4. Discuss the important characteristics of analytical jurisprudence