Introduction to Law 338 Solved Assignment 2021-22 | NIOS Senior Secondary Solved Assignment 2021 - 22

 NIOS Senior Secondary Solved Assignment 2021-22
Introduction to Law 338 Solved Assignment 2021-22
Tutor Marked Assignment
Max Marks: 20

Note:

(i) All questions are compulsory. The Marks allotted for each question are given beside the questions.

(ii) Write your name, enrollment numbers, AI name and subject on the first page of the answer sheet.

1. Answer any one of the following questions in about 40-60 words.   2

(a) The preamble of the Indian constitution works as an interpreter of the constitution; support the statement with the example. (See Lesson-18)

Ans: The preamble is a part of the Indian Constitution that includes all the ideals and thoughts that were in the mind of the person who wrote it. It acts as an interpreter of the constitution. The preamble sets out what is considered to be 'basic goals for a better future'.

One example is Article 47 which states "Justice, social, economic and political equality of status shall be ensured to all its citizens". The preamble also sets out how these goals should be achieved by giving a few specific rights to Indian citizens.

(b) An organization is not promoting an employee on the ground of his place of birth, if so state which fundamental right has been violated and the provisions of that right. (See Lesson-19)

Ans: Answer any one question

2. Answer any one of the following questions in about 40-60 words.   2

(a) Write down the meaning of the constitution and explain the concept of the constitutionalism. (See Lesson-18)

Ans: The constitution of India is a document that lays down the framework for the governance of the country. It is the supreme law of India. It is composed of two parts namely, the preamble and article one which deals with fundamental rights.

Constitutionalism is an approach to politics in which there is a separation between state and society, in which state institutions are subject to legal limits set out in a constitution or other governing document. Constitutionalism aims to protect individual rights and freedoms through limiting government power, rather than through reliance on political process, natural law or social consensus.

कानून: एक परिचय  (338) | Introduction to Law 338 NIOS Free Solved Assignment 2021 – 22 (Hindi Medium)

(b) Write down the six fundamental rights provided by the constitution and mention the conditions in which they can be suspended. (See Lesson-19)

Ans: Answer any one question

3. Answer any one of the following questions in about 40-60 words.  2

(a) Mention the two examples of Reformative theory of punishment. (See Lesson-7)

Ans: There are two examples of the reformative theory of punishment. The first example is the principle of retribution, which focuses on the principle that wrongdoers must be punished to deter others from committing similar crimes in future. This principle is also known as retributive justice.

The second example is the principle of rehabilitation or restorative justice, which focuses by giving offenders a chance to regain their lost status and society's trust by bringing about changes in their behavior through treatment and social support.

(b) The criminal law helps to maintain the discipline in the society in context of the above statement explain the principle of the criminal law. (See Lesson-8)

Ans: Answer any one question

4. Answer any one of the following questions in about 100 to 150 words.   4

(a) What are the sources of Domestic law and how can domestic law be enforced? (See Lesson-9)

Ans: Domestic law is made by a country's government or legislature and enforced by its courts. As domestic law controls what happens in a state, it is supposed to be enforced in the country. In India, there are three sources from where domestic law can be derived:

1) President's order

2) Parliament

3) Courts

In India, the President can issue an executive order in relation to a matter of public interest. In case of emergencies, the President can issue a proclamation under Article 352 of the Constitution. Parliament can make laws or amend existing ones with retrospective effect. The High Courts and Supreme Court have powers to administer justice in all legal proceedings relating to civil or criminal matters.

(b) Explain the following:

I. Union list

II. Concurrent list

Ans: Answer any one question

5. Answer any one of the following questions in about 100 to 150 words.   4

(a) We can stop the crime by inspiring all perspective wrong doers with the fear of punishment, if yes write two arguments in favour of your answer.

Ans: It is widely accepted that fear of punishment can control crime. In this article, we will discuss two arguments for why the fear of punishment can prevent crime.

First Argument: The most important factor in crime prevention is how certain a criminal believes that he or she is going to be caught and punished for a particular crime. If a criminal believes that they are going to be caught and punished, they will not commit a crime because they have nothing to lose by doing so.

Second Argument: A criminal is going to commit a crime if there is not enough deterrence from the punishment. If there are no consequences, then it is easier for them to go ahead with their plans without any fear of getting caught and punished for their actions.

In conclusion, it can be said that the fear of punishment can significantly inhibit pro-social behavior.

(b) Fundamental rights are important for the all-round development of the citizens. Explain the need and importance of fundamental rights with suitable example.

Ans: Answer any one question

6. Prepare any one project out of the given below:        6

(a) Column A contains the meaning of the given constitutional remedies, in column B write down the name of the constitutional remedy related to the meaning

	Column A	Column B
Example	Supreme court and high courts can issue or order writs	Constitutional Remedies
1	It is an order by the court to the state to produce the person physically
2	Command or order from superior court to a subordinate to perform its duty
3	Restrain a person from acting in a public office
4	to be informed of what is going on
5	Order by superior court to forbid a subordinate court from proceeding which is beyond its jurisdiction

Ans: Answer any one question

(b) Column A is containing the condition in which Directive principles of state policies are getting violated and at column B write the name of the directive principle of State Policy getting violated.

	Column A	Column B
Example	A child of age 12 is working and not studying anywhere	Gandhian principle
1	A village is not conducting the functions of the Panchayat	Gandhian principle (Article 40)
2	If a person is not getting a job and shelter to survive
3	In an Institute the male employee is getting paid higher than a female employee for the same work and position
4	A state is interfering into the matters of the borderline country
5	A historical monument has got harmed
6	Small scale business are not getting the aid to survive

Solutions:

	Column A	Column B
Example	A child of age 12 is working and not studying anywhere	Gandhian principle
1	A village is not conducting the functions of the Panchayat	Gandhian principle (Article 40)
2	If a person is not getting a job and shelter to survive	Socialistic Principles (Article 41)
3	In an Institute the male employee is getting paid higher than a female employee for the same work and position	Socialistic Principles (Article 38)
4	A state is interfering into the matters of the borderline country	Liberal-Intellectual Principles (Article 51)
5	A historical monument has got harmed	Liberal-Intellectual Principles (Article 49)
6	Small scale business are not getting the aid to survive	Gandhian Principles (Article 43)

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