Solved Paper by Akinchan Aggarwal, Advocate — B.A. (Hons.) Gold Medalist, LL.B. (University Rank 2), LL.M. (Dispute Resolution), UGC–NET, Ph.D. (Pursuing)
CBSE Class XII Legal Studies 2026 — complete solved paper.
Question Paper Code 40, Series 1SRQP, Set 4. Forty questions, 80 marks, three hours. Every answer below is written to the word limit the mark allocation actually rewards — not padded, not truncated.
Paper Structure
| Section | Questions | Marks each | Total | Suggested length |
|---|---|---|---|---|
| A — MCQ | 1–20 | 1 | 20 | Option only |
| B — Short Answer | 21–28 | 2 | 16 | 30–50 words |
| C | 29–36 | 3 | 24 | 60–80 words |
| D — Long Answer | 37–40 | 5 | 20 | 120–150 words |
Note on how the limits apply. The figures above are for a question answered as a single block. Where a question is split into sub-parts — as Q37, Q38, Q40 all are — the limit applies to each sub-part according to its own mark value, not to the answer as a whole. A 5-mark question divided 1 + 1 + 1 + 2 is really four short answers, and the total will legitimately run past 150 words. Every answer below is written on that basis.
Why word limits decide marks in this paper.
Legal Studies is marked against a value-point scheme: the examiner looks for a fixed number of scoring points, not for length. A 2-mark question carries roughly two value points, a 3-mark question three, a 5-mark question five. Writing 150 words for a 2-mark question earns the same two marks as fifty well-chosen words — and costs you minutes you will need in Section D. The discipline that raises scores here is naming the provision, applying it to the facts, and stopping.
Section A — Multiple Choice (Q1–20, 1 mark each)
| Q | Answer | Reason |
|---|---|---|
| 1 | (C) | Sanctioned strength of the Supreme Court is 34 (CJI + 33). The first Attorney General was M.C. Setalvad, not K.K. Venugopal; Calcutta is the oldest High Court; judge-made law is the common law system. |
| 2 | (C) | Banking Ombudsman — an RBI mechanism for cost-free redressal of customer grievances against banks. |
| 3 | (C) | Section 2(h), Indian Contract Act, 1872: an agreement enforceable by law is a contract. Writing, witnesses and immediate payment are not essentials. |
| 4 | (A) | Both true, and reducing cost and delay is precisely why Section 89 CPC permits reference to ADR. |
| 5 | (C) | The clause covered quality, quantity and delivery only. Deciding tax matters exceeds the submission — a ground under Section 34(2)(a)(iv), Arbitration and Conciliation Act, 1996. |
| 6 | (B) | Tortious damages are unliquidated because the sum is not pre-agreed; the court assesses it. |
| 7 | (B) | Performance became unlawful; the contract is void (Sections 23 and 56, Contract Act). No damages lie against Ankita. |
| 8 | (A) | Trespass to land is actionable per se — neither intention to harm nor proof of damage is required. |
| 9 | (B) | The Brundtland formulation — meeting present needs without compromising future generations. |
| 10 | (C) | Article 22 was complied with (grounds informed, produced in 24 hours). Custodial torture violates Article 21. |
| 11 | (B) | In an LLP a partner is not liable for another partner's wrongful act; liability is limited to the agreed contribution. |
| 12 | (D) | National Human Rights Commission — a national statutory body with suo motu powers over custodial deaths. |
| 13 | (A) | Both true, and SDG progress explains why human rights obligations are advanced. |
| 14 | (A) | A false statement published to third parties that lowers reputation is defamation. Truth would have been a defence, but her claims were false. |
| 15 | (B) | Punishing so that others refrain is general deterrence. |
| 16 | (C) | Doctrine of lis pendens, Section 52, Transfer of Property Act, 1882 — the transfer is valid but subject to the decree. |
| 17 | (A) | India has no trade secret statute, but such information is protected through contract, confidentiality and equity. |
| 18 | (C) | NLSIU (1987) did begin the reform. But it was Dr. N.R. Madhava Menon who founded it; Setalvad chaired the 14th Law Commission Report and died in 1974. |
| 19 | (B) | A Senior Advocate is subject to restrictions — he cannot file a vakalatnama, draft pleadings or accept instructions directly from a client. |
| 20 | (D) | Soliciting work and touting for accident claims breaches BCI professional standards. |
Section B — Short Answer (Q21–28, 2 marks each)
Q21. President consults only the CJI while appointing a High Court judge. Is this valid?
No. Article 217(1) requires the President to consult the Chief Justice of India, the Governor of the State, and — for a judge other than the Chief Justice — the Chief Justice of that High Court. Further, under the Second and Third Judges Cases, the CJI must act through the collegium, not individually. The appointment is therefore constitutionally invalid.
Q22. Identify the legal system and state one advantage.
This is the adversarial system, in which the parties gather and present evidence while the judge remains a neutral umpire. Advantage: the judge's detachment from investigation preserves impartiality and protects the presumption of innocence, since the burden of proving guilt rests entirely on the prosecution.
Q23 (a). Shisham trees sold for cutting — movable or immovable?
The trees are movable property. Under Section 3 of the Transfer of Property Act, 1882, immovable property excludes standing timber. Since Rishabh sells the grove with the intention that Manoj will sever and use the trees for furniture, they are standing timber and not things attached to the earth for permanent enjoyment.
Q23 (b) OR. Has the magazine violated Reema's rights?
Yes. Under Section 14 of the Copyright Act, 1957, the author alone has the exclusive right to reproduce and publish her work. Republishing without permission infringes that economic right under Section 51. Acknowledging her name satisfies the moral right of paternity but is no defence to infringement.
Q24 (a). Identify and explain the power exercised by the Supreme Court.
The Court exercised the power of judicial review. It examined whether the Central Government's notification fell within its constitutional competence and, finding that it encroached on the State's administrative sphere, struck it down. Judicial review permits courts to invalidate executive or legislative action that exceeds constitutional limits.
Q24 (b) OR. Is an appeal to the Supreme Court possible?
(i) Yes. Where the High Court reverses an acquittal and awards the death sentence, an appeal lies as of right under Article 134(1)(a). (ii) No appeal as of right. Article 133 requires a substantial question of law of general importance. The party may only seek discretionary special leave under Article 136.
Q25 (a). Identify the conference and its main objective.
The United Nations Conference on Environment and Development (the Earth Summit), Rio de Janeiro, 1992. Its main objective was to integrate environmental protection with economic development by securing international commitment to sustainable development, for which Agenda 21 was adopted as the global action plan.
Q25 (b) OR. Identify the authority and the legislation.
The authority is the Central Pollution Control Board (CPCB). It was established under the Water (Prevention and Control of Pollution) Act, 1974, and also performs functions under the Air (Prevention and Control of Pollution) Act, 1981, including laying down standards and advising the Central Government.
Q26. Identify the commission; will the complaint be admitted?
(a) The National Commission for Minorities, constituted under the National Commission for Minorities Act, 1992. (b) No. The Commission ordinarily does not entertain a complaint where the complainant has not first approached the concerned department or competent authority for redressal. Exhausting available remedies is a precondition.
Q27. How does International Law differ from Municipal Law?
Binding authority: municipal law is enacted by a sovereign legislature and binds all within the territory; international law rests largely on the consent of States through treaties and custom. Enforcement: municipal law is enforced by police and courts with coercive power, whereas international law relies on reciprocity, sanctions and consent-based bodies with no standing enforcement machinery.
Q28. Neha hires a private lawyer after being assigned legal aid. What action can be taken?
Her legal services may be withdrawn by the Legal Services Authority. Under the Legal Services Authorities Act, 1987 and the regulations framed under it, aid may be withdrawn where the aided person engages a legal practitioner of her own, since free legal aid is meant only for those who cannot afford representation.
Section C (Q29–36, 3 marks each)
Q29 (a). Explain the doctrine of Basic Structure as an element of judicial review.
Laid down in Kesavananda Bharati v State of Kerala (1973), the doctrine holds that Parliament's amending power under Article 368 does not extend to altering the basic structure of the Constitution. Features such as supremacy of the Constitution, the rule of law, judicial review, separation of powers, federalism and secularism are unamendable. It empowers courts to strike down even a constitutional amendment, making judicial review itself a permanent check on constituent power.
Q29 (b) OR. Constitutional provisions on Tribunals.
Tribunals were introduced by the Forty-second Amendment, 1976, which inserted Part XIV-A. Article 323A empowers Parliament to establish administrative tribunals for service disputes of public servants. Article 323B permits Parliament or a State Legislature to constitute tribunals for specified matters such as taxation, industrial and labour disputes, land reforms, elections and rent control. Their object is to relieve the courts of docket pressure and provide specialised, speedy adjudication.
Q30. Rita and Shyam want control over the outcome.
(a) They should opt for facilitative mediation. Characteristics: the mediator structures the process and improves communication without expressing any opinion on the merits; and the parties themselves generate and control the terms of settlement. (b) In evaluative mediation the mediator assesses the strengths and weaknesses of each side, predicts the likely court outcome and may propose a settlement. Facilitative mediation is party-driven; evaluative mediation is mediator-driven.
Q31 (a). Strict liability and negligence — the role of carelessness.
In negligence, carelessness is the very foundation of liability: the claimant must prove a duty of care, its breach and resulting damage, as in Donoghue v Stevenson (1932). In strict liability, carelessness is irrelevant. Under Rylands v Fletcher (1868), one who brings and keeps a dangerous thing on his land answers for the escape however careful he was. M.C. Mehta v Union of India (1987) went further, laying down absolute liability for hazardous enterprises with no exceptions at all.
Q31 (b) OR. Competencies of the transferor under the Transfer of Property Act, 1882.
Section 7 provides that a person is competent to transfer property if he is competent to contract — of the age of majority, of sound mind and not disqualified by law — and is entitled to the transferable property, or authorised to dispose of transferable property not his own. Ownership alone is therefore insufficient: a minor owner cannot transfer, while an agent or guardian who is not the owner may lawfully do so under authority.
Q32. Keshav gifts his house to Sudama, who dies before acceptance.
(i) Under Section 122, a gift is the voluntary transfer of existing movable or immovable property, made without consideration, by the donor to the donee, and accepted by or on behalf of the donee during the donor's lifetime and while he is still capable of giving. (ii) Donor — Keshav; donee — Sudama. (iii) Since Sudama died before acceptance, the requirement of acceptance during the donor's lifetime fails and the gift is void. No title passes and the house remains with Keshav.
Q33 (a). Primary sources of International Law under Article 38(1), ICJ Statute.
Article 38(1) directs the Court to apply: (i) international conventions, whether general or particular, establishing rules expressly recognised by the contesting States; (ii) international custom, as evidence of a general practice accepted as law, requiring consistent State practice coupled with opinio juris; and (iii) the general principles of law recognised by civilised nations. Judicial decisions and the teachings of highly qualified publicists are subsidiary means for determining rules, not independent sources.
Q33 (b) OR. Why was the ICC established, and how is its jurisdiction restricted?
The ICC was established by the Rome Statute, 1998 (in force 2002) as a permanent court to end impunity for the gravest international crimes, replacing the practice of creating ad hoc tribunals. Its jurisdiction is narrower than an ordinary criminal court's in four ways: it tries only four core crimes — genocide, crimes against humanity, war crimes and aggression; it prosecutes only natural persons; it has no jurisdiction over conduct before 1 July 2002; and under the principle of complementarity it acts only where the State is unwilling or genuinely unable to prosecute.
Q34. Norland complains to the ICJ about atrocities inside Ravania.
(a) The action rests on obligations erga omnes — obligations owed by a State towards the international community as a whole, recognised in Barcelona Traction (1970). Because prohibitions on genocide, torture and racial discrimination protect collective interests, every State has a legal interest in their observance, and Norland need not show individual injury to raise the violation. (b) International human rights law reinforces this by making the treatment of a State's own nationals a matter of international concern rather than domestic jurisdiction, and by providing treaty bodies, reporting mechanisms and inter-State complaint procedures through which States like Norland may act.
Q35. Identify the forum and explain how its procedure differs from ordinary courts.
The forum is the Permanent Lok Adalat, established under Section 22B of the Legal Services Authorities Act, 1987, inserted by the Amendment Act of 2002 for disputes concerning public utility services. It differs from an ordinary court in three ways: it must first attempt conciliation and may decide the dispute on merits only if conciliation fails; it is not bound by the Code of Civil Procedure or the Indian Evidence Act, following principles of natural justice instead; and its award is final, binding and not appealable, being deemed a decree of a civil court.
Q36 (a). Significance of the ICCPR for free legal aid in India.
Article 14(3)(d) of the ICCPR guarantees every accused the right to legal assistance assigned without payment where the interests of justice so require and he lacks the means to pay. India ratified the Covenant in 1979, and this obligation is reflected domestically in Article 39A of the Constitution, in the guarantee of a fair procedure under Article 21, and in the machinery of the Legal Services Authorities Act, 1987. The ICCPR thus supplies the international foundation on which India's free legal aid framework rests.
Q36 (b) OR. Panel lawyers under the NALSA Regulations, 2010.
Selection: panels are prepared by the Legal Services Authority from applications by advocates, with regard to experience at the Bar, competence, integrity and commitment to legal aid; the Executive Chairman approves the panel. Tenure: empanelment is ordinarily for a fixed term, subject to review of performance and to removal for neglect or misconduct. Duties: to render competent and diligent service, meet the aided person, keep the Authority informed of the progress of the case, and not to demand or accept any fee or reward from the beneficiary.
Section D — Long Answer (Q37–40, 5 marks each)
Q37 (a). Has the Fundamental Right under Article 19 been violated?
(i) Yes. The cartoonist exercised freedom of speech and expression under Article 19(1)(a). Satire criticising officials is protected, and a restriction on the ground of public order under Article 19(2) requires a proximate and direct connection with disorder. Since the posts caused no violence or disturbance, the ban is not a reasonable restriction and the right is violated.
(ii) No. Ravi's right to reside and settle in any part of India under Article 19(1)(e) is expressly subject to Article 19(5), which permits reasonable restrictions for the protection of the interests of any Scheduled Tribe. Denial of permission to buy land in a notified tribal village falls squarely within that saving clause.
(iii) No. Dr. K's freedom to practise a profession under Article 19(1)(g) is subject to Article 19(6), which allows the State to prescribe professional qualifications and standards. Suspension following an inquiry into ethical lapses is a reasonable restriction imposed in the interest of the general public.
(b) The freedoms under Article 19 are not absolute. Clauses (2) to (6) permit the State to impose reasonable restrictions on stated grounds — sovereignty and integrity, security of the State, public order, decency, morality, contempt of court, defamation, incitement to an offence, and the interests of the general public. The restriction must be reasonable and imposed by law, and its reasonableness is examined by the courts.
Q38. What is discharge of contract? Apply to the two situations.
Meaning. Discharge of a contract means the termination of the contractual relationship, so that the rights and obligations of the parties come to an end. It may occur by performance, by mutual agreement, by lapse of time, by operation of law, by impossibility of performance, or by breach.
(i) Ramesh. The landslide destroyed the access roads and his trucks after the contract was made, rendering performance physically impossible through no fault of his. This is supervening impossibility under Section 56 of the Indian Contract Act, 1872 — the doctrine of frustration. The contract becomes void, Ramesh is discharged, and the municipal corporation cannot claim damages. Any advance received would be restorable under Section 65.
(ii) Neha and Arjun. The contract expressly stated that time was of the essence. Under Section 55, failure to perform within the stipulated time makes the contract voidable at the option of Neha. Arjun's delay of seventeen days is a breach, and transport delays and labour shortage are ordinary commercial risks, not frustrating events. Neha may rescind and claim damages under Section 73 for loss naturally arising — in particular the 25% additional cost of substitute stock. Loss of reputation and unsold inventory would be recoverable only if shown to flow naturally from the breach or to have been within the parties' contemplation.
Q39 (a). One Person Company — corporate identity with single ownership.
The One Person Company, introduced by Section 2(62) of the Companies Act, 2013, allows a single individual to own a company that nevertheless enjoys full corporate personality. It merges the two ideas by giving one promoter a separate legal entity with limited liability, while dispensing with the need for a second shareholder. A nominee must be named to take over on the member's death or incapacity.
| Basis | One Person Company | Sole Proprietorship |
|---|---|---|
| Liability | Limited to the unpaid value of shares | Unlimited — personal assets are at risk |
| Legal status | Separate legal entity distinct from its member | No separate identity; owner and business are one |
| Continuity | Perpetual succession; the nominee steps in | Ends with the death or insolvency of the owner |
Evaluation. The OPC therefore gives a solo entrepreneur the credibility, permanence and risk protection of a company without forcing an artificial partnership, though it remains subject to greater compliance than a proprietorship.
Q39 (b) OR. The golden thread principle and reverse onus in dowry death.
The golden thread. In Woolmington v Director of Public Prosecutions (1935) it was said that throughout the web of English criminal law one golden thread is always to be seen — that it is the duty of the prosecution to prove the accused's guilt. The accused is presumed innocent, the burden lies on the prosecution throughout, the standard is proof beyond reasonable doubt, and the benefit of every reasonable doubt goes to the accused.
Why the burden shifts. Dowry deaths occur inside the matrimonial home, where the only witnesses are the very persons accused. Direct proof is therefore almost impossible and a rigid application of the golden thread would defeat the law. The legislature responded with a reverse onus: once the prosecution proves the foundational facts — death otherwise than in normal circumstances within seven years of marriage, preceded by cruelty or harassment for dowry — the court shall presume that the husband or relative caused the dowry death. This presumption appears in Section 113B of the Indian Evidence Act, 1872, now Section 118 of the Bharatiya Sakshya Adhiniyam, 2023, read with Section 304B IPC, now Section 80 of the Bharatiya Nyaya Sanhita, 2023. The presumption is rebuttable, so the accused may still displace it.
Q40 (a). Aditi, Ben and Chintan — legal education and practice.
(i) Aditi must apply to the State Bar Council of the State where she intends to practise, for enrolment under Section 24 of the Advocates Act, 1961. On enrolment she becomes an advocate and may appear before courts, but to practise she must clear the All India Bar Examination conducted by the Bar Council of India and obtain the Certificate of Practice.
(ii) Ben's degree must be from a foreign university recognised by the Bar Council of India for the purpose of admission as an advocate, on the basis of reciprocity — that is, the country concerned must permit Indian law graduates to practise there.
(iii) As Chintan is already a graduate, he should take the three-year LL.B. The five-year integrated programme is meant for students entering directly after Class XII.
(iv) To become an Advocate-on-Record, Aditi must satisfy the Supreme Court Rules, 2013: at least four years' practice as an advocate, followed by one year's training with an Advocate-on-Record of not less than ten years' standing; she must then pass the AOR examination conducted by the Supreme Court, and must maintain a registered office in Delhi within a prescribed distance of the Court and employ a registered clerk.
Q40 (b) OR. Riya, Meera and Anika — three career paths.
(i) Riya is pursuing transactional or corporate law practice in a law firm. Her work involves advising on and structuring commercial transactions — mergers and acquisitions, joint ventures, financing and investment — together with due diligence, and the drafting, negotiation and vetting of agreements. She must develop strong contract drafting and negotiation skills, supported by a working knowledge of company law, securities regulation and commercial due diligence.
(ii) Meera contributes to the public policy sector through legislative research: analysing Bills, tracking parliamentary proceedings, preparing briefs and evidence-based policy inputs for legislators and the public. This field offers law graduates careers in think tanks, research organisations, government advisory roles and international bodies.
(iii) Anika, in the Judge Advocate General's Department, performs the legal work of the Indian Army. She advises commanders on military law and discipline, conducts and supervises court martial proceedings as prosecutor or defending officer, examines courts of inquiry, and handles the Army's litigation before the Armed Forces Tribunal and the constitutional courts.
How to Use This Paper
Three habits that separate a 65 from a 78 in this subject.
Name the provision. Almost every answer above turns on a section or article — Section 56, Article 134(1)(a), Section 52 TPA. Examiners award the value point for the provision, so an answer that describes the right rule without naming it loses marks it has otherwise earned. Apply to the facts. Case-based questions dominate this paper; a correct rule stated in the abstract, without connecting it to Ravi or Neha or Sudama, is an incomplete answer. Stop at the limit. Sections A to C together carry 60 marks and must be finished briskly, because Section D's four questions need genuine writing time.
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Disclaimer: This post reproduces the questions of the CBSE Class XII Legal Studies board examination 2026 (Q.P. Code 40, Series 1SRQP, Set 4) in summarised form and provides model answers prepared independently by the author. These are not official CBSE answers. At the time of writing, CBSE had not published a marking scheme for this question paper, and no official answer key was available; the answers below reflect the author's own reading of the law and of the CBSE syllabus, and reasonable differences of opinion are possible, particularly on questions requiring evaluation. Word limits indicated are the conventional guidance for the mark allocation and are not prescribed on the face of the paper. Marks are awarded by CBSE examiners against the Board's own marking scheme, which alone is authoritative. Statutory provisions cited should be verified against the bare Acts, and students should note that the criminal law provisions referred to exist in both the older and the 2023 codes. Nothing here is legal advice. Please read our Disclaimer for more details.
