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PUT Question Paper Solution (KNC-501)
PUT Question Paper Solution (KNC-501)
(b). Legislature: Lok sabha has to pass bills and laws and reforms for state and union
territories strengthening the national and interstate interests of the country
Finance matters of the country: Lok sabha members are the enacting body of the
financial bills and reforms of the country, which are to be successfully implemented in
the country
Consent to the Rajya sabha to make every national or state interest decision
The country‘s parliament can only do high court or supreme court judge removal
(c). Arbitration is a method of alternative dispute resolution where disputes are settled
privately by a decision-maker called an arbitrator in a process similar to litigation in
court. Arbitration is a process that is authorized by law to settle legal disputes without
litigation in a court. Although not a judge, arbitrators are empowered to consider
evidence, rule on the legal dispute, and award damages. Arbitration is less expensive,
and it usually resolves the dispute much faster than the litigation process. Arbitration can
also be preferable in cases where the dispute involves subject matter that is highly
technical, legally complex, or narrow in scope. This is why a mandatory arbitration
clause is a key part of most business contracts. This clause requires that both parties
agree to take any dispute to arbitration rather than a court.
(d). The United Nations Commission on International Trade Law in 1996 adopted a model law
on e-commerce and digital intricacies. It also made it compulsory for every country to have
its own laws on e-commerce and cybercrimes. In order to protect the data of citizens and
the government, the Act was passed in 2000, making India the 12th country in the world to
pass legislation for cyber crimes. It is also called the IT Act and provides the legal
framework to protect data related to e-commerce and digital signatures.
Following are the features of the Act:
It contains provisions related to the appointment of the Controller and its powers.
It recognises foreign certifying authorities (Section 19).
It also provides various penalties in case a computer system is damaged by anyone other than
the owner of the system.
The Act also provides provisions for an Appellate Tribunal to be established under the Act.
All the appeals from the decisions of the Controller or other Adjudicating officers lie to the
Appellate tribunal.
Further, an appeal from the tribunal lies with the High Court.
The Act describes various offences related to data and defines their punishment.
It provides circumstances where the intermediaries are not held liable even if the privacy of
data is breached.
A cyber regulation advisory committee is set up under the Act to advise the Central
Government on all matters related to e-commerce or digital signatures.
2. Minimum no. of 2 7
members
4. Minimum no. of 2 3
directors
5. Articles of It will have to draught its own It can either draught its own
Association (AOA) articles of incorporation. articles of incorporation or use
Table F.
11. Appointment of A single resolution can select A single resolution can select
Directors two or more directors. only one director.
12. Retirement of The directors are not needed to By rotation, 2/3 of the number of
Directors retire in order to keep their directors must retire.
positions. The directors might
be hired on a long-term basis.
13. Filing of Consent To act as a director, directors Within thirty days following their
do not need to file their appointment, directors must
consent. register their approval to function
as directors with the Registrar.
14. Place of holding Annual General Meetings can The Annual General Meeting
Annual General Meeting be held in any location. (AGM) is usually held at the
office of the registered or any
other location where the
registered office is located.
16. Exemptions Enjoy many exemptions & No such exemptions & privileges
privileges are enjoyed
Q3. Attempt any one part of the following (10 x 1 = 10)
• Socialistic Principles,
• Liberal-Intellectual Principles.
Socialistic Principles
• These principles contemplate the ideology of socialism and lay down the
framework of a democratic socialist state. The concept envisages providing social
and economic justice, so that state should achieve the optimum norms of welfare
state. They direct the state through- Article 38, Article 39, Article 39 A, Article 41,
Article 42, Article 43, Article 43 A and Article 47.
Gandhian Principles
• These principles reflect the programme of reconstruction enunciated by Gandhi
during the national movement. In order to fulfill the dreams of Gandhi, some of his
ideas were included in DPSP and they direct the state through- Article 40, Article
43, Article 43 B, Article 46, Article 47 and Article 48.
Liberal-Intellectual Principles
• These principles inclined towards the ideology of liberalism and they direct the
state through- Article 44, Article 45, Article 48, Article 48 A, Article 49, Article
50 and Article 51.
• Article 14 treats all people the same in the eyes of the law.
• This provision states that all citizens will be treated equally before the law.
• Under the same circumstances, the law will treat people in the same manner.
• No citizen shall, on grounds only of race, religion, caste, place of birth, sex or any of them, be
subject to any liability, disability, restriction or condition with respect to:
• Use of tanks, wells, ghats, etc. that are maintained by the State or that are meant for the
general public
• The article also mentions that special provision can be made for women, children and the
backward classes notwithstanding this article.
• Article 16 provides equal employment opportunities in State service for all citizens.
• Untouchability refers to a social practice that looks down upon certain oppressed classes
solely on account of their birth and makes any discrimination against them on this ground.
• The State shall not confer any titles except those which are academic or military titles.
• The article also prohibits citizens of India from accepting any titles from a foreign State.
• The article abolishes the titles that were awarded by the British such as Rai Bahadur, Khan
Bahadur, etc.
• Awards like Padma Shri, Padma Bhushan, Padma Vibhushan, Bharat Ratna and military
honours like Ashok Chakra, Param Vir Chakra do not belong to this category.
• The Right to Freedom guarantees to the citizens of India six Fundamental Freedoms:
(Article 20&21)
Article 20 provides protection against arbitrary and excessive punishment for any person
who commits an offense. This article has taken care to safeguard the rights of persons
accused of crimes
• Article 21 states no person shall be deprived of his life or personal liberty except
according to the procedure established by law.
• Article 21(A):This article was introduced by the 86th Constitutional Amendment in 2002.
It provides that the State shall provide free and compulsory education to all children
between the ages of 6 and 14.
Article 22: deals with the protection against arrest and detention in certain cases.
• Article 22 guarantees the right of every person who is arrested to be informed of the cause
of his arrest; secondly, his right to consult and to be defended by a lawyer of his choice.
Thirdly, every person arrested and detained in custody shall be produced before the nearest
Magistrate within a period of twenty-four hours and shall be kept in continued custody only
with his authority.
• Article 24 says that ―No child below the age of fourteen years shall be employed to work in
any factory or mine or engaged in any other hazardous employment.‖
• Article 26 (Freedom to manage religious affairs which is subject to public order, morality
and health, every religious denomination or any section.)
• Article 30 states the rights of minorities whether based on religion or language to establish
and administer educational institutions.
• Article 35 lays down that the power to make laws to give effect to certain specified
Fundamental Rights shall vest only with the Parliament and not with State Legislatures.
• Fundamental rights are not absolute rights. They have reasonable restrictions which mean
they are subject to the conditions of state security, public morality and decency and friendly
relations with foreign countries.
• They are justifiable, implying they are enforceable by courts. People can approach the SC
directly in case of violation of fundamental rights.
• Fundamental rights can be suspended during a national emergency. But, the rights
guaranteed under Articles 20 and 21 cannot be suspended.
• The application of fundamental rights can be restricted in an area which has been placed
under military rule.
They make recommendations to the president for ministerial appointments. The President
can only appoint ministers who the Prime Minister has suggested.
They assign and reassign various portfolios to ministers.
They can ask a cabinet member to resign or consult the President to abandon him in a
disagreement.
They hold power over the council meeting and impact its decisions.
They direct, guide, control, and help in coordinating the work of all ministers.
They are the primary line of constituting instruments between the President and the Cabinet of
Ministers. He helps in aiding and advising the president on taking various decisions. It is the
prime minister‘s responsibility, and it is the prime minister‘s responsibility to:
(a) interact with the President for all choices of the Cabinet of Ministers responsible for the
management of the Union‘s affairs and legislative proposals.
(b) to provide the President with any information regarding the administrations of the Union‘s
affairs and legislative proposals that he may request.
(c) if indeed the President so directs, submit to the cabinet of ministers whatever matter under
which a minister has made a decision, but the council has not regarded that.
Concerning the Parliament, A Prime Minister is just the Lower House‘s leader. As a result, they
have the following abilities:
All customs cannot be recognised as a law. There are some essentials that customs must
possess to be eligible of becoming a law. In the following paragraph we would be
discussing the same. Customs must be practicing for a long period of time (antiquity). It
must be known to all not practice secretly. Moreover, it need to be reasonable in nature and
doesn‘t violate the morality or established norms and values of the society. In addition to it,
custom must not be opposite to prevailing legislation. There are several cases where
customs are abrogated by law (e.g. Child marriage, dowry, etc.)
Types
Customs are broadly divided in two categories: customs without sanctions and customs
with sanctions. Customs without sanctions does not have any legal backing. They were
merely followed since people are practicing it. Whereas customs with sanction is
obligatory in nature. Customs with sanction are of two types: legal customs and
conventional customs. Conventional customs are binding on the parties to an agreement.
(b). A tort is an act of civil wrong done to an individual resulting in injury, harm, or loss. Due
to the resulting harm or loss, the one who committed the tort will be held legally liable.
Tort law determines whether a person should be held legally accountable for an injury
against another, as well as what type of compensation the injured party is entitled to. In tort
lawsuits, the injured party—referred to as the ―plaintiff‖ in civil cases seeks compensation,
through the representation of a personal injury attorney, from the ―defendant‖ for damages
incurred (i.e. harm to property, health, or well-being).
There are 3 main types: intentional torts, negligence, and strict liability.
Intentional Torts
Battery: Making unwanted, offensive, or harmful contact with another person.
Assault: An attempt to cause harm or an action of a threatening nature.
Fraud: The act of lying or making misrepresentations to another person.
Trespass: The use of another person‘s property without their permission.
Infliction of emotional distress: Intentionally frightening another individual,
causing severe emotional or mental distress.
Negligence Torts
Car/bicycle/motorcycle accidents: If a driver (or rider) speeds and hits a pedestrian
causing injuries, the driver can be found negligent. motorcycle accidents are common and
our motor cycle accident attorney can help.
Slip and fall: A slip and fall claim is common when an individual falls and injures
themselves on the premises of another person‘s property.
Medical malpractice: Medical malpractice occurs when a medical professional does
not provide a reasonable or competent degree of care, resulting in harm to the patient.
Strict Liability
Product liability: Product liability deals with cases of harm or injury caused by
defective products made available to the public by manufacturers, suppliers, or retailers.
Owning wild animals: Owners of wild animals will be held liable should any of the
animals escape and injure another individual.
Exceptionally dangerous activities: For instance, a truck carrying volatile chemicals
or hazardous materials can be liable for any harm caused from a spill or explosion.
Q6. Attempt any one part of the following (10 x 1 = 10)
Requirements of E-Governance:
For Best implementation of any E-Governance Project we all are required to fulfil its
needs, which include:
Availability of computers centres,
fast internet,
Literature percentage must be increased as well as
Proper utilization of resources .