LEGAL STUDIES CLASS XII | UNIT-WISE EXAM NOTES 2025–26 | Code 074
LEGAL STUDIES — CLASS XII
UNIT-WISE EXAM NOTES (2025–26)
▸ Based on CBSE Textbook (2023 Ed.) ▸ Aligned with Sample Question Paper 2025–
26
Code No. 074 | All Units Covered | Page References Included
HOW TO USE THESE NOTES
5M = 5-mark question in SQP
3M = 3-mark question 2M =
2-mark question 1M = MCQ in
SQP
[Textbook p. XX] = exact page in
CBSE textbook Use these to
read the original text if needed
Topics in ORANGE border =
directly asked in SQP Master
these first before others
UNIT 1 | JUDICIARY
pp. 1–30
SQP Coverage: Q1 (PIL/locus standi), Q7 (Art.32/Suo Motu), Q21(A/B) (Impeachment/Art.131), Q27 (Collegium),
Q29(A/B) (Retirement age/Judicial Review)
TOPIC
Page
SQP Question(s)
Marks
Structure of Indian Judiciary
p.11–14 Background knowledge
1M
PIL & Locus Standi (Art. 32)
p.19–22 Q1 (MCQ), Q7 (A/R)
1M
Article 131 – Original Jurisdiction
p.18
Q21(B) – 2 marks
2M
Article 32 – Writ Jurisdiction / Suo Motu
p.18–19 Q7 (A/R)
1M
Judicial Review
p.25–26 Q29(B) – 3 marks
3M
Collegium System
p.26
Impeachment of Judges
Retirement Age of Judges
Tribunals
Q27 – 2 marks
2M
p.28–29 Q21(A) – 2 marks
2M
Q29(A) – 3 marks
3M
p.20–21 Background / CAT ref in Q13
1M
p.27
Rights of Arrested Persons (Art. 22)
p.25
Q38 – 5 marks
5M
Habeas Corpus Writ
p.19
Q38(B) – 5 marks
5M
1.1 Public Interest Litigation (PIL) & Locus Standi
Textbook pp. 19–22
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Locus standi = the legal right of a party to appear and be heard before a court.
In PIL, the Supreme Court relaxed locus standi — any public-spirited citizen can file a writ on
behalf of those unable to approach the court (prisoners, poor, etc.).
PIL is also called Janhit Yachika. It is non-adversarial litigation in the public interest.
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LEGAL STUDIES CLASS XII | UNIT-WISE EXAM NOTES 2025–26 | Code 074
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First ever PIL: Hussainara Khatoon v. State of Bihar (1979) — filed on behalf of undertrials in
Bihar jails. Led to recognition of speedy trial as a Fundamental Right.
PIL is filed under Art. 32 (Supreme Court) or Art. 226 (High Court).
Basis: "citizen standing" and "representative standing."
SQP Q1 Answer: The correct answer is (B). The court extended the concept of locus standi in
public interest — NGOs and individuals can file PILs for environmental/societal issues without
being directly aggrieved parties.
1.2 Jurisdictions of the Supreme Court
Textbook pp. 17–20
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Original Jurisdiction (Art. 131): SC has exclusive jurisdiction in disputes between (a) Govt. of India
& one or more States; (b) two or more States; involving legal rights.
Appellate Jurisdiction: Hears appeals from High Courts in constitutional, civil, and criminal matters
(Arts. 132–134).
Advisory Jurisdiction (Art. 143): President may refer a question of law/public importance to SC for
its opinion. The opinion is NOT binding on courts.
Writ Jurisdiction (Art. 32): SC can issue 5 writs — Habeas Corpus, Mandamus, Prohibition,
Certiorari, Quo Warranto — to enforce Fundamental Rights.
Suo Motu (Latin: "on its own motion"): SC can take cognisance of an issue on its own without any
petition, e.g., during COVID-19 pandemic.
Key Difference: Original (Art. 131) = inter-governmental disputes between States/Centre.
Appellate = appeals against HC decisions. Advisory = Presidential reference — non-binding
opinion.
1.3 Collegium System
Textbook p. 26
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Collegium for Supreme Court: CJI + 4 senior-most judges of SC. Recommendations sent to Law
Minister → Prime Minister → President.
Collegium for High Court: CJI of HC + 2 senior-most HC judges. Recommendation → Chief
Minister → Governor → Union Law Minister.
Not mentioned in original Constitution; evolved through three "Judges Cases":
– 1st Judges Case (1981): Primacy to Executive; President can refuse CJI's recommendation.
– 2nd Judges Case (1993): CJI has primacy; appointment cannot be made without CJI's
concurrence.
– 3rd Judges Case (1998): CJI must consult 4 senior-most SC judges (Collegium).
1.4 Impeachment of Judges
Textbook pp. 28–29 (Art. 124(4) for SC; Art. 217/218 for HC)
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Grounds for removal: (i) Proved misbehaviour, OR (ii) Incapacity.
Process: Motion signed by MPs (100 Lok Sabha / 50 Rajya Sabha) → Inquiry Committee (1 SC
judge + 1 HC CJ + 1 distinguished jurist) investigates → Report submitted → Motion voted in
BOTH Houses.
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LEGAL STUDIES CLASS XII | UNIT-WISE EXAM NOTES 2025–26 | Code 074
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Required majority in each house: (i) Absolute majority of total members, AND (ii) Not less than
two-thirds of members present and voting.
If motion passes both Houses → addressed to President → President orders removal.
Process is the same for both SC and HC judges.
Note: V. Ramaswami J (1993) was the first judge to face impeachment proceedings — motion
failed in Lok Sabha.
1.5 Retirement Age of Judges
Textbook p. 27
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Supreme Court judges: Retire at age 65.
High Court judges: Retire at age 62.
District Court judges: As determined by respective State Government.
Retired HC judges can practise in SC but NOT in the same or any other HC.
Argument for increasing retirement age: Addresses backlog of cases; India has far fewer judges
per million population than Western democracies.
Venkatachaliah Report (2002) recommended: HC judges to 65, SC judges to 68. Constitution
(114th Amendment) Bill proposed increase but was not passed.
1.6 Judicial Review
Textbook p. 25
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Judicial Review = power of courts to examine constitutionality of legislative/executive actions and
strike them down if they violate the Constitution.
Constitutional basis: Art. 13(2) — any law violating Fundamental Rights is void to the extent of
contravention.
Judiciary as "watchdog" maintains checks and balances over Legislature and Executive.
Scope: Can nullify laws passed by Parliament and actions of the Executive.
Keeps balance of power — prevents any organ of government from becoming all-powerful.
1.7 Rights of Arrested Persons & Writs (Q.38)
Textbook p. 19 (Writs), p. 25 (Art. 22)
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Article 22 — Protection against Arbitrary Arrest & Detention:
– Right to be informed of grounds of arrest.
– Right to consult and be defended by a lawyer of choice.
– Produced before nearest magistrate within 24 hours of arrest.
– Cannot be detained beyond 24 hours without magistrate's order.
Habeas Corpus = "you shall have the body" — writ to produce an illegally detained person before
court; most important writ to safeguard personal liberty.
SQP Q38 Answer: Bansi Das's Art. 22 rights are violated — not informed of arrest grounds, no
lawyer, kept >48 hrs without magistrate. Santoshi Devi can file a Habeas Corpus petition under
Art. 32 before SC or Art. 226 before HC.
Page 3 of 22 | Based on CBSE Textbook (2023 Ed.) & SQP 2025–26
LEGAL STUDIES CLASS XII | UNIT-WISE EXAM NOTES 2025–26 | Code 074
UNIT 2 | ALTERNATIVE DISPUTE RESOLUTION
(ADR)
pp. 31–50
SQP Coverage: Q9 (History of ADR), Q18 (Insurance Ombudsman), Q20 (S.89 CPC), Q23(A/B) (Lokpal/Lok
Adalat), Q31(A/B) (Permanent Lok Adalat/LSAA), Q33(A/B) (Arbitration/Mediation types)
TOPIC
Page
SQP Question(s)
Marks
History of ADR in India
p.31–33 Q9 (MCQ)
1M
Adversarial vs Inquisitorial Systems
p.32–33 Background
1M
Q20 (MCQ)
1M
Section 89 CPC
p.36
Arbitration – Types
(Domestic/International)
p.37–41
Mediation – Types
(Facilitative/Transformative)
p.42–44
Conciliation
p.44–45 Background
1M
Lok Adalat – Procedure & Award
p.45–47 Q23(B) – 2 marks
2M
Permanent Lok Adalat
p.47–48 Q31(A) – 3 marks
3M
Lokpal & Lokayukta
p.47–48 Q23(A) – 2 marks
2M
Banking & Insurance Ombudsman
Legal Services Authorities Act, 1987
p.46
Q33(A) – 3 marks
Q33(B) – 3 marks
Q18 (MCQ)
p.47–50 Q31(B) – 3 marks
3M
3M
1M
3M
2.1 Section 89 CPC — Court-Referred ADR
Textbook p. 36
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Section 89 of the Code of Civil Procedure, 1908 (inserted by 2002 amendment) empowers a court
to refer a case to ADR if it appears that there exist elements of a settlement acceptable to the
parties.
Court process under S.89: (1) Court formulates settlement terms → (2) Shares with parties for
observation → (3) After receiving feedback, refers the dispute to: Arbitration / Conciliation /
Judicial Settlement / Lok Adalat.
ADR Methods under S.89: Arbitration, Mediation, Conciliation, Lok Adalat.
SQP Q20 Answer: Option (C) is correct: Court formulates terms → shares with parties for
feedback → based on input, refers to suitable ADR. The court does NOT decide on its own terms
alone.
2.2 Arbitration
Textbook pp. 37–41 | Arbitration & Conciliation Act, 1996
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Arbitration = a neutral third party (arbitrator) hears the dispute and gives a binding decision called
an arbitral award.
The award is binding on parties and is enforced like a court decree.
Types of Arbitration:
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LEGAL STUDIES CLASS XII | UNIT-WISE EXAM NOTES 2025–26 | Code 074
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Domestic Arbitration: Both parties are Indian; Indian law governs. Governed by Part I of
Arbitration & Conciliation Act, 1996.
International Commercial Arbitration: At least one party is a foreign national/company or the
subject-matter is abroad. Governed by Part I (if seat in India) or Part II (if foreign award
enforcement).
Institutional Arbitration: Administered by a permanent institution (e.g., SIAC – Singapore
International Arbitration Centre; ICC – International Chamber of Commerce).
Ad hoc Arbitration: Parties manage the arbitration without an institution.
SQP Q33(A) Answer: Scenario 1 = International Commercial Arbitration under SIAC rules
(foreign seat, award enforced in India). Scenario 2 = Institutional International Arbitration
administered by ICC (multinational parties, ICC rules).
2.3 Mediation
Textbook pp. 42–44
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Mediation = a neutral third party (mediator) facilitates discussion between parties to reach a
mutually acceptable solution. Unlike arbitration, the mediator does NOT impose a decision.
Types of Mediation:
– Facilitative Mediation: Mediator facilitates discussion without evaluating or directing
settlement. Helps parties understand each other's perspectives. Suitable for
business/commercial disputes where relationship preservation matters.
– Evaluative Mediation: Mediator assesses the merits and helps predict court outcomes. More
directive.
– Transformative Mediation: Focuses on transforming the relationship, not just resolving the
dispute. Helps parties understand each other's feelings. Suitable for family/emotional disputes.
SQP Q33(B) Answer: Scenario 1 = Facilitative Mediation (business partners want to preserve
relationship; mediator facilitates communication). Scenario 2 = Transformative Mediation (family
property dispute; deeply rooted emotions; mediator transforms relationship dynamics).
2.4 Lok Adalat
Textbook pp. 45–47
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Lok Adalat = "People's Court" — an indigenous Indian contribution to ADR.
Governed by the Legal Services Authorities Act, 1987.
Award of Lok Adalat is deemed a decree of a Civil Court and is final and binding. No appeal lies
against it in any court.
No court fee is charged; if a case is referred from a court, the fee already paid is refunded.
Ensures speedy and cost-effective resolution — especially for motor accident claims, matrimonial
disputes (except divorce), labour disputes, disputes related to public utility services.
2.5 Permanent Lok Adalat (PLA)
Textbook pp. 47–48 | LSAA Amendment Act, 2002
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Established under the Legal Services Authorities (Amendment) Act, 2002.
Deals exclusively with Public Utility Services: transport, postal, telegraph, insurance, supply of
power/water, hospitals, educational institutions.
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LEGAL STUDIES CLASS XII | UNIT-WISE EXAM NOTES 2025–26 | Code 074
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Composition: Chairperson (District Judge/equivalent) + 2 other members.
PLA vs Regular Lok Adalat: PLA has power to decide the matter on merits if parties fail to reach a
settlement (compulsory arbitration). Regular Lok Adalat can only pass an award by consent — if
no agreement, case is returned to court.
Award of PLA is final and binding; no appeal to any court.
2.6 Lokpal, Lokayukta & Ombudsmen
Textbook pp. 47–48 | Lokpal & Lokayukta Act, 2013
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Lokpal = ombudsman at Union/Central level. Lokayukta = at State level.
Established formally by Lokpal and Lokayukta Act, 2013.
Jurisdiction: Any person who is/was a Member of Parliament, or any public servant under the
Union.
Functions: Inquire into complaints of corruption/bribery against public servants. Inquiries held in
camera. Lokpal may pass orders for attachment/confiscation of assets.
Insurance Ombudsman: Appointed under Insurance Ombudsman Rules, 2017. Handles
complaints against insurance companies for claim rejection/delay — FREE, informal process.
Banking Ombudsman: Appointed by RBI under Banking Ombudsman Scheme, 2006. Handles
complaints against banks — expeditious and inexpensive.
SQP Q18 Answer: Option (B) Insurance Ombudsman is correct — it handles complaints against
government-owned/private insurance companies for claim rejection, providing a free non-court
resolution.
Page 6 of 22 | Based on CBSE Textbook (2023 Ed.) & SQP 2025–26
LEGAL STUDIES CLASS XII | UNIT-WISE EXAM NOTES 2025–26 | Code 074
UNIT 3 | TOPICS IN LAW I — BUSINESS LAWS
pp. 51–92
SQP Coverage: Q2 (Minor's contract), Q4 (Consensus Ad Idem), Q5 (Lease), Q8 (Doctrine of Election), Q10
(Mutation), Q11 (Right of Integrity), Q19 (GI Tag), Q28 (Trade Secret), Q32 (Void/Voidable), Q34 (Torts), Q39 (No
Fault Liability)
TOPIC
Essentials of a Valid Contract
Page
SQP Question(s)
p.53–56 Q4 (MCQ – Consensus Ad Idem)
Marks
1M
Minor's Agreement (void ab initio)
p.56
Q2 (MCQ)
1M
Void vs Voidable Contracts
p.57
Q32 – 3 marks
3M
Contingent Contracts
p.58
Q32(a) – 3 marks
3M
Discharge by Impossibility (S.56)
p.60
Q32(b) – 3 marks
3M
Law of Torts – Introduction & Negligence
p.62–67 Q34, Q39(B) – 3+5 marks
5M
No Fault Liability – Rylands v Fletcher
p.67–68 Q39(A) – 5 marks
5M
Absolute Liability (MC Mehta case)
p.69
Extension of Q39
3M
Defamation (Libel & Slander)
p.63
Q34 – 3 marks
3M
Doctrine of Election (Transfer of
Property)
p.72–76
Q8 (MCQ)
1M
Mutation
p.75
Q10 (MCQ)
1M
Transfer by Lease
p.78
Q5 (MCQ)
1M
p.82–84 Q19 (MCQ)
1M
Geographical Indication (GI)
Copyright – Moral Rights / Right of
Integrity
p.85
Trade Secret
p.88
Q11 (MCQ)
Q28 – 2 marks
1M
2M
3.1 Law of Contract — Key Concepts
Textbook pp. 53–61
Essentials of a Valid Contract (S.10, Indian Contract Act 1872):
• Free consent of parties (Consensus Ad Idem = "meeting of minds" — both parties must agree on
the same thing in the same sense)
• Competency of parties (age ≥18, sound mind, not disqualified by law)
• Lawful consideration
• Lawful object
• Not expressly declared void
SQP Q4 Answer: Option (D) Consensus Ad Idem — Aman wants to sell the car, Gaurav wants
to buy the jeep. They are NOT agreeing on the same thing → no Consensus Ad Idem → no valid
contract.
Minor's Agreement:
• Age of majority = 18 years (Indian Majority Act).
Page 7 of 22 | Based on CBSE Textbook (2023 Ed.) & SQP 2025–26
LEGAL STUDIES CLASS XII | UNIT-WISE EXAM NOTES 2025–26 | Code 074
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Landmark Case: Mohori Bibee v. Dharmodas Ghose (Privy Council) — A minor mortgaged
property to obtain a loan. Held: Agreement by a minor is void ab initio (from the very beginning).
The lender CANNOT recover money given to the minor.
SQP Q2 Answer: Option (C) is correct — Minor's contract is VOID (not voidable). Mihir cannot
recover the money advanced to Bhavya as the mortgage contract is void ab initio.
Void vs Voidable Contract:
• Void Contract: Not enforceable by law; ceases to be a contract from the moment it becomes void.
Example: Contract to do an illegal act, agreement with a minor.
• Voidable Contract: Enforceable at the option of one party whose consent was not free (obtained
by coercion, undue influence, fraud, or misrepresentation). Can be affirmed or rejected.
Contingent Contract (S.31 ICA):
• A contract to do/not do something on the happening or non-happening of a future uncertain event.
• If the event does NOT happen within the fixed time, the contract becomes void.
SQP Q32(a) Answer: Rohit–Neha: This is a Contingent Contract. Neha did not secure the loan
within 2 weeks (uncertain event did not occur) → Contract becomes void → Rohit lawfully
refuses to sell.
Discharge by Impossibility / Frustration (S.56 ICA):
• Supervening impossibility: Contract becomes void when performance becomes impossible after
formation due to events beyond parties' control.
• Includes: Destruction of subject matter, death/incapacity of a person, change of law making
performance illegal.
SQP Q32(b) Answer: Amber–Ankit: Discharge by supervening impossibility (S.56).
Government's import ban = change in law after contract formation → Contract becomes void.
Amber cannot be held liable for breach.
3.2 Law of Torts
Textbook pp. 62–70
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Tort = a civil wrong (other than breach of contract) for which courts provide a remedy (usually
damages).
Tort vs Crime: In crime, State prosecutes and punishes. In tort, the aggrieved person sues in civil
court for compensation.
Defamation (Q.34):
• Defamation = making a false statement that damages the reputation of a person.
• Image A = likely showing physical assault/battery (intentional tort).
• Image B = likely showing a chase/assault.
• Types:
– Libel: Defamation in permanent/written form (e.g., newspaper, book, online post).
– Slander: Defamation in transient/spoken form.
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LEGAL STUDIES CLASS XII | UNIT-WISE EXAM NOTES 2025–26 | Code 074
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Difference: Libel is actionable per se (without proving damage); Slander generally requires proof
of actual damage.
Negligence:
• Three elements: (1) Duty of care owed to the claimant; (2) Breach of that duty; (3) Damage/loss
caused by the breach.
• Leading case: Donoghue v. Stevenson (1932) — established "neighbour principle" / duty of care.
SQP Q39(B) Answer: Rahul can sue CityPoint Plaza for Negligence. Three elements: (1) Mall
owed duty of care to visitors; (2) Duty was breached — wet floor, no warning sign; (3) Damage
resulted — fractured wrist, surgery, financial loss. Donoghue v. Stevenson principle applies.
No Fault Liability — Rule in Rylands v. Fletcher (1868):
• Rule: A person who brings onto his land something likely to do mischief if it escapes is strictly
liable for all damage caused by its escape, even without negligence.
• Facts: Rylands built a reservoir; water escaped through old mine shafts into Fletcher's mine.
• Essentials: (1) Dangerous thing (2) Escape from land (3) Non-natural use of land.
• No need to prove negligence — strict/absolute liability.
SQP Q39(A) Answer: Jal Waterworks Company is liable under Rylands v. Fletcher. A reservoir
is a non-natural use of land; water escaped and damaged Tek Chand's property. Strict liability
applies even without negligence.
Absolute Liability (India):
• Extended by SC in M.C. Mehta v. Union of India (1987) — Shriram Gas leak case.
• In India, if an enterprise engages in a hazardous/inherently dangerous activity, it is ABSOLUTELY
liable for any harm — no exceptions allowed (unlike Rylands v. Fletcher where exceptions exist).
3.3 Transfer of Property — Key Concepts
Textbook pp. 72–79 | Transfer of Property Act, 1882
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Transfer of property = conveying property from one person to another (present or future).
Modes of transfer: Sale, Mortgage, Lease, Exchange, Gift.
Lease (S.105): Transfer of a right to enjoy property for a certain time in consideration of a price
(premium) or rent. Suitable for commercial occupancy for a fixed period.
Mutation: Official updating of ownership records in government land revenue records after a
property is transferred. Done at the tehsil/patwari level.
Doctrine of Election (Latin: quod approbo non reprobo): A person cannot accept a benefit under a
deed and reject a burden under the same deed. A person must choose either to accept all or
reject all.
SQP Q8 Answer: Option (A) — Chaman forfeits the gift of ₹10 lakhs due to the Doctrine of
Election. By choosing to retain the farm (which Amar was gifting to Bolu), Chaman cannot also
take the ₹10 lakhs. He must compensate Bolu from his own funds.
SQP Q5 Answer: Option (B) Lease — Com-tech needs property for 15 years (a fixed term);
lease is the appropriate mode for temporary occupancy of immovable property.
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LEGAL STUDIES CLASS XII | UNIT-WISE EXAM NOTES 2025–26 | Code 074
SQP Q10 Answer: Option (B) Mutation — to update ownership in government records after a
sale/gift/relinquishment deed, Mutation is done at the tehsil level.
3.4 Intellectual Property Rights
Textbook pp. 80–90 | Copyright Act 1957, Patents Act 1970, GI of Goods Act 1999
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Geographical Indication (GI): Protects products originating from a specific geographical region
with qualities/reputation linked to that origin. Darjeeling Tea, Pochampally Ikat, Warli Painting —
all protected GI products. Governed by GI of Goods (Registration and Protection) Act, 1999.
Copyright: Automatic protection on creation of original literary, dramatic, musical, artistic works.
Copyright Act, 1957. Duration: Author's lifetime + 60 years.
Moral Rights under Copyright:
– Right of Paternity: Author's right to claim authorship of the work.
– Right of Integrity: Author's right to protect the work from distortion/modification/mutilation that
would be prejudicial to honour or reputation.
Trade Secret: Confidential business information that provides competitive advantage. Not
registered — protection by keeping it secret. Burlington Home Shopping case (Delhi HC, 1995)
defines trade secret.
Patent: Grants exclusive rights for an invention (new, useful, non-obvious) for 20 years. Requires
registration and public disclosure of the invention.
SQP Q11 Answer: Option (B) Right of Integrity — Rajeev's painting was accidentally damaged
while being moved. This violates the moral right of integrity (protection from distortion/damage
prejudicial to the author's honour).
SQP Q28 Answer: The startup is using a Trade Secret. Key difference from Patent: Patent
requires public disclosure of the invention in the application (in exchange for exclusive rights for
20 years). A trade secret requires no disclosure and has no time limit — protection lasts as long
as secrecy is maintained.
Page 10 of 22 | Based on CBSE Textbook (2023 Ed.) & SQP 2025–26
LEGAL STUDIES CLASS XII | UNIT-WISE EXAM NOTES 2025–26 | Code 074
UNIT 4 | TOPICS IN LAW II — GENERAL LAWS
pp. 93–124
SQP Coverage: Q3 (Stages of Crime), Q6 (Art. 48A), Q14 (Objectives of Criminal Law), Q22 (Dying Declaration),
Q32 (Impossibility/Frustration)
TOPIC
Law & Sustainable Development (Art.
48A)
Page
p.95–97
SQP Question(s)
Q6 (A/R)
Objectives of Criminal Law
p.112–
113
Q14 (MCQ)
Elements of Crime (Mens Rea + Actus
Reus)
p.113–
114
Background for Q3
Stages of Crime
p.115
Q3 (MCQ – Match)
Dying Declaration
p.116–
117
Q22 – 2 marks
Forms of Legal Entities
p.101–
111
Q40 – 5 marks
Sole Proprietorship
p.101–
102
Q40(i) – 5 marks
Limited Liability Partnership (LLP)
p.106–
108
Q40(ii) – 5 marks
Marks
1M
1M
1M
1M
2M
5M
5M
5M
4.1 Article 48A — Environmental Protection
Textbook p. 97
•
•
Article 48A (inserted by 42nd Constitutional Amendment, 1976): "The State shall endeavour to
protect and improve the environment and to safeguard the forests and wild life of the country."
It is a Directive Principle of State Policy (Part IV) — not directly enforceable but guides policy.
SQP Q6 Answer: Option (C) A is True, R is False. Art. 48A correctly mandates environmental
protection. But the Reason is FALSE — Art. 48A does NOT promote industrialization over
environment; it protects the environment.
4.2 Objectives of Criminal Law
Textbook pp. 112–113
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Deterrence: Discouraging the offender (specific) and others (general) from committing crimes.
Retribution: Punishing the offender proportionate to the crime — "an eye for an eye."
Rehabilitation: Reforming the offender to become a productive member of society.
Restoration: Compensating the victim and restoring the harm caused (e.g., ordering
compensation to store owner).
Incapacitation: Removing the offender from society (imprisonment, capital punishment).
Page 11 of 22 | Based on CBSE Textbook (2023 Ed.) & SQP 2025–26
LEGAL STUDIES CLASS XII | UNIT-WISE EXAM NOTES 2025–26 | Code 074
SQP Q14 Answer: Option (D) Restoration. The judge focused on punishment (Retribution),
deterrence of others, and reform in prison (Rehabilitation). The judge explicitly stated NO
compensation for the store owner — so Restoration is NOT reflected.
4.3 Stages of Crime
Textbook p. 115
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•
Stage 1 — Intention (Mens Rea): The mental state or guilty mind — the desire/plan to commit the
crime. Only idea in mind; NOT punishable at this stage alone.
Stage 2 — Preparation: Active steps to prepare for the crime (e.g., researching bank layout,
buying tools). Generally NOT punishable (exceptions: war against State, counterfeiting).
Stage 3 — Attempt: When the person takes a direct step towards committing the crime but does
not complete it (e.g., enters bank with weapon but flees). Punishable.
Stage 4 — Commission: The actual completion of the criminal act (e.g., takes cash from bank).
Fully punishable.
SQP Q3 Answer: Option (B): A(ii) Intention = plans to rob, shares idea. B(iv) Preparation =
researches security layout. C(i) Attempt = enters bank, gets nervous, flees without money. D(iii)
Commission = enters, threatens staff, takes cash.
4.4 Dying Declaration
Textbook pp. 116–117 | Bharatiya Sakshya Adhiniyam (BSA), 2023 [earlier Indian Evidence Act, S.32]
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•
•
A dying declaration is a statement made by a person who believes death is imminent regarding
the cause or circumstances of their death.
Admissibility conditions (for Meera Singh's statement in Q.22):
– The declarant must have been under the expectation of death (i.e., had no hope of recovery)
at the time of making the statement.
– The statement must relate to the cause of death or circumstances of the transaction that
resulted in the death.
– The death of the declarant must actually occur (Meera must die for the statement to qualify).
– The statement must be complete and coherent (not vague).
– The person recording it (police officer/doctor) should be a reliable witness.
No oath required; even an oral statement to police/doctor can be admitted.
⚠ New Law Alert: The textbook refers to Indian Evidence Act (IEA). IEA has been replaced by
Bharatiya Sakshya Adhiniyam (BSA), 2023 (effective July 1, 2024). The provision on dying
declaration is now in BSA. In exams for 2025–26, be aware of this change.
4.5 Forms of Legal Entities (Q.40)
Textbook pp. 101–111
•
•
Sole Proprietorship: Business owned and run by a single individual. Owner has UNLIMITED
LIABILITY — personal assets can be used to pay business debts. No separate legal entity; all
profits/losses belong to owner.
Partnership: Two or more persons agree to share profits of a business. Governed by Indian
Partnership Act, 1932. Partners have unlimited joint and several liability.
Page 12 of 22 | Based on CBSE Textbook (2023 Ed.) & SQP 2025–26
LEGAL STUDIES CLASS XII | UNIT-WISE EXAM NOTES 2025–26 | Code 074
•
•
Limited Liability Partnership (LLP): Combines features of company and partnership. Each
partner's liability is LIMITED to their agreed contribution. LLP is a separate legal entity. Governed
by LLP Act, 2008.
Private Limited Company: Separate legal entity; shareholders have limited liability. Minimum 2,
maximum 200 members.
SQP Q40 Answer: Q40(i): Ravi = Sole Proprietorship. He works alone, keeps all profits,
manages all aspects. If business faces losses, Ravi has UNLIMITED personal liability — all
personal assets can be used to repay debts. Q40(ii): Vikram & Ayesha = LLP (Limited Liability
Partnership). They want personal asset protection; both contribute equally and manage together.
Their liability is LIMITED to their agreed contribution to the LLP.
Page 13 of 22 | Based on CBSE Textbook (2023 Ed.) & SQP 2025–26
LEGAL STUDIES CLASS XII | UNIT-WISE EXAM NOTES 2025–26 | Code 074
UNIT 5 | CONCEPT OF HUMAN RIGHTS
pp. 125–160
SQP Coverage: Q12 (86th Amendment/Fundamental Duty), Q13 (NCPCR), Q24 (Child Rights), Q38 (Art. 22 +
Habeas Corpus)
TOPIC
Human Rights vs Fundamental Rights
86th Constitutional Amendment (Art. 21A
& Duty)
Page
p.127–
130
p.137
SQP Question(s)
Background
Q12 (MCQ)
NHRC – Powers & Complaint Mechanism
p.148–
151
Q24 (background)
NCPCR – Powers & Functions
p.147–
152
Q13 (MCQ), Q24 – 2 marks
National Commission for Minorities
p.153–
155
Q13 (MCQ)
Central Administrative Tribunal (CAT)
p.21
Q13 (MCQ context)
Marks
1M
1M
2M
2M
1M
1M
5.1 86th Constitutional Amendment Act, 2002
Textbook p. 137
•
•
•
Article 21A (inserted by 86th Amendment): Right to FREE and COMPULSORY education for
children aged 6–14 years is now a Fundamental Right.
Fundamental Duty added (Art. 51A(k)): It shall be the duty of every parent/guardian to provide
opportunities for education to the child between age 6 and 14.
Article 45 (DPSP) amended: State to provide early childhood care and education for children
below 6 years.
SQP Q12 Answer: Option (C) — The Fundamental Duty added by the 86th Amendment is on
parents/guardians to provide educational opportunities to children between 6 and 14 years.
Option (A) describes Art. 21A (Fundamental Right, not Duty). Option (D) is from Art. 46.
5.2 NCPCR and Child Rights (Q.24)
Textbook pp. 147–152
•
•
•
•
National Commission for Protection of Child Rights (NCPCR): Statutory body established under
the CPCR Act, 2005. Protects rights of children (under 18).
In Q.24, Aarti (13 years) is working in hazardous factory conditions violating child labour laws
(Child Labour (Prohibition & Regulation) Act), right to education (Art. 21A), and constitutional
rights.
Forum to approach: NCPCR (for child rights violations).
Powers of NCPCR:
– Examine and review existing laws/safeguards for children and recommend amendments.
– Inquire into complaints of child rights violations suo motu or on petition.
– Summon persons/documents, conduct investigations.
– Approach the court for writ remedies (habeas corpus, etc.).
Page 14 of 22 | Based on CBSE Textbook (2023 Ed.) & SQP 2025–26
LEGAL STUDIES CLASS XII | UNIT-WISE EXAM NOTES 2025–26 | Code 074
–
Refer cases to NHRC/State HR Commissions for action.
5.3 National Commission for Minorities & CAT (Q.13)
•
•
•
Central Administrative Tribunal (CAT): Adjudicates disputes/complaints related to recruitment and
service conditions of Central Government employees (Art. 323A). Not appropriate for quick
redressal once a case is pending.
National Commission for Minorities (NCM): Quasi-judicial body under National Commission for
Minorities Act, 1992. Monitors safeguards for minorities.
In Q.13 — Shakila is a Central Govt. employee (Class IV); her matter is pending in CAT. NCM
can investigate cases of discrimination against minorities but cannot supersede a pending CAT
matter. She must wait for CAT or appeal to appropriate court.
SQP Q13 Answer: Option (C) — She will have to wait before the Central Administrative Tribunal
for disposal of her case. CAT has exclusive jurisdiction over Central Govt. employees' service
matters under Art. 323A. NCM can look into discrimination but does not have power to
transfer/override a CAT case.
Page 15 of 22 | Based on CBSE Textbook (2023 Ed.) & SQP 2025–26
LEGAL STUDIES CLASS XII | UNIT-WISE EXAM NOTES 2025–26 | Code 074
UNIT 6 | INTERNATIONAL LAW
pp. 161–180
SQP Coverage: Q25 (North Sea Case/Customary IL), Q30 (Public/Private IL)
TOPIC
Page
SQP Question(s)
Meaning of International Law
p.161
Q30(I) – 3 marks
Public vs Private International Law
p.165–
166
Q30(II) – 3 marks
Sources of International Law (Art. 38)
p.169–
172
Q25 – 2 marks
Customary International Law
p.170–
172
Q25 – 2 marks
North Sea Continental Shelf Case (1969)
p.171–
172
Q25 – 2 marks
Article 59 – ICJ Statute (binding effect)
p.168–
169
Q25(B) – 2 marks
International Court of Justice (ICJ)
p.173–
175
Background
Marks
3M
3M
2M
2M
2M
2M
1M
6.1 Meaning & Types of International Law
Textbook pp. 161, 165–166
•
•
•
International Law = body of rules and norms that regulate the conduct of States and international
organisations in their mutual relations.
Public International Law: Governs relations between sovereign States and international
organisations (governments as parties). E.g., Nordland vs. Queeland dam dispute (Q30 Scenario
i).
Private International Law (Conflict of Laws): Governs disputes between private persons/entities
where the dispute crosses national boundaries. Determines which country's law and courts have
jurisdiction. E.g., Rajesh vs. TechSolutions Ltd. — contract dispute, choice of forum clause (Q30
Scenario ii).
SQP Q30 Answer: Part I: International Law = rules governing relations between states &
international organisations. Scenario (i) = PUBLIC International Law (two States dispute over a
Treaty). Scenario (ii) = PRIVATE International Law (private commercial dispute between Indian
and UK parties; question of which court/law applies).
6.2 Sources of International Law & Custom
Textbook pp. 169–172 | Article 38(1), Statute of ICJ
•
•
Sources under Art. 38(1), ICJ Statute: (1) International Conventions/Treaties; (2) International
Custom; (3) General Principles of Law; (4) Judicial Decisions and Teachings of publicists
(subsidiary).
Customary International Law: Derived from consistent State practice + opinio juris (belief that the
practice is legally obligatory).
Page 16 of 22 | Based on CBSE Textbook (2023 Ed.) & SQP 2025–26
LEGAL STUDIES CLASS XII | UNIT-WISE EXAM NOTES 2025–26 | Code 074
•
•
•
Opinio juris (Latin: "opinion of law"): A State's subjective belief that it is legally obligated to follow
a practice. Prevents mere habit from becoming binding custom.
North Sea Continental Shelf Case (ICJ, 1969) — Two key elements for customary international
law:
– State practice: The practice must be consistent, widespread, and representative (not universal
but substantial).
– Opinio juris: States must follow the practice because they believe it is legally obligatory (not
just out of courtesy or habit).
The case also held that duration is NOT essential — a short but consistent practice can become
customary law.
SQP Q25(A) Answer: Two key elements from North Sea Case: (1) State Practice —
widespread, consistent, representative State behaviour; (2) Opinio Juris — States follow the
practice because they believe it is a legal obligation (not mere courtesy). Duration alone is not
decisive.
•
Article 59, ICJ Statute: The decision of the ICJ has NO binding force EXCEPT between the
parties and in respect of that particular case. ICJ decisions do NOT create binding precedent for
other States or future cases (unlike common law courts).
SQP Q25(B) Answer: Art. 59 means ICJ decisions are NOT universally binding — they bind only
the parties to that specific case. Third States are not bound by the ruling. This protects
sovereignty and prevents compulsory binding law through judicial decisions alone.
Page 17 of 22 | Based on CBSE Textbook (2023 Ed.) & SQP 2025–26
LEGAL STUDIES CLASS XII | UNIT-WISE EXAM NOTES 2025–26 | Code 074
UNIT 7 | LEGAL PROFESSION IN INDIA
pp. 181–194
SQP Coverage: Q15 (JAG Dept.), Q16 (Ms. Hazra 1922), Q17 (Senior Advocate vs AOR), Q37(A/B) (Career
opportunities / Comparative legal education)
TOPIC
Page
SQP Question(s)
Marks
History of Legal Profession in India
p.181–
183
Q16 (MCQ)
Advocates Act, 1961
p.183–
184
Q17 (MCQ)
Senior Advocate vs Advocate on Record
p.184
Q17 (MCQ)
1M
Women in Legal Profession (Ms. Hazra)
p.188
Q16 (MCQ)
1M
JAG (Judge Advocate General)
Department
p.193
Comparative Legal Education
(India/UK/USA)
p.189–
191
Q37(B) – 5 marks
Career Opportunities for Law Graduates
p.191–
193
Q37(A) – 5 marks
Q15 (MCQ)
1M
1M
1M
5M
5M
7.1 Senior Advocate vs Advocate on Record
Textbook p. 184 | Advocates Act, 1961
•
•
•
Senior Advocate: Designated by SC or HC; cannot directly communicate with clients or file cases.
Can only argue in court after being briefed by another advocate. Cannot accept briefs directly.
Advocate on Record (AOR): Only advocates enrolled and registered with the Supreme Court
Registry can file cases and appear in SC. Must have passed AOR examination. Always required
to formally file cases before the SC.
Rule: Senior Advocate argues the case; AOR files the case. An AOR must always file the case in
the Supreme Court.
SQP Q17 Answer: Option (B) — An Advocate on Record must always file the case in SC; Senior
Advocates can only argue the case after it is filed by an AOR. Senior Advocates CANNOT file
independently.
7.2 Women in the Legal Profession — Ms. Hazra Case (1922)
Textbook p. 188
•
•
•
Ms. Cornelia Sorabji was the first woman to study law at Oxford (1892) but was not allowed to
practise.
Ms. Hazra (1922): She fought a landmark case against the Patna High Court challenging the
restriction that only men could practise as advocates.
Her fight was for women's right to practise as advocates in High Courts — challenging genderbased exclusion from the legal profession.
Page 18 of 22 | Based on CBSE Textbook (2023 Ed.) & SQP 2025–26
LEGAL STUDIES CLASS XII | UNIT-WISE EXAM NOTES 2025–26 | Code 074
SQP Q16 Answer: Option (A) — Ms. Hazra fought for women to be allowed to appear as
advocates in the Patna High Court, challenging the restriction that limited legal practice to men
only. This was a landmark moment in gender equality in the Indian legal profession.
7.3 JAG Department
Textbook p. 193
•
•
•
•
•
Judge Advocate General's (JAG) Department: Legal branch of the Indian Army.
Deals with military-related disciplinary cases and litigation.
Advises the Chief of Army Staff on legal matters.
Provides legal assistance in human rights matters, rule of law, and cyber law violations.
Consists of legally qualified Army officers educated in military law.
SQP Q15 Answer: Option (B) — Judge Advocate General's (JAG) Department handles
disciplinary/legal issues within the Indian Army, including cyber law violations during active duty,
and advises the Chief of Army Staff.
7.4 Comparative Legal Education (Q.37B)
Textbook pp. 189–191
Aspect
India
United Kingdom
United States
Duration
3-yr LLB (after graduation)
OR 5-yr BA LLB
(integrated)
3-yr LLB (undergrad). Inns
of Court training for
barristers.
4-yr undergraduate + 3-yr
JD (graduate degree) —
total 7 yrs
Degree
LLB
LLB (UK)
Juris Doctor (JD)
Regulatory Body
Bar Council of India (BCI)
Solicitors Regulation
Authority / Bar Standards
Board
American Bar Association
(ABA) + State Bar
Enrollment/Bar
Enroll with State Bar
Council; All India Bar
Examination (AIBE)
Solicitors take LPC;
Barristers do BPTC +
pupillage
Bar Examination (each
state separately)
Types of Lawyers
Advocate (single unified
class)
Solicitor (advisory,
paperwork) & Barrister
(court advocacy)
Attorney / Lawyer (no
formal split)
No. of Law
Schools
~1,721 law schools in India
Around 100+ law schools
Around 200 ABAaccredited schools
Page 19 of 22 | Based on CBSE Textbook (2023 Ed.) & SQP 2025–26
LEGAL STUDIES CLASS XII | UNIT-WISE EXAM NOTES 2025–26 | Code 074
UNIT 8 | LEGAL SERVICES
pp. 195–205
SQP Coverage: Q26 (Legal Aid & poverty), Q35 (When legal aid is denied), Q36(A/B) (NALSA Regulations / Free
Legal Services components)
TOPIC
Page
SQP Question(s)
Marks
Legal Aid – Meaning & History
p.197–
199
Q26 – 2 marks
Legal Services Authorities Act, 1987
p.199–
202
Q31(B), Q35, Q36 – 3+3+3 marks
Persons Entitled to Free Legal Aid
p.200–
201
Background
Free Legal Services – Components
p.201–
202
Q36(B) – 3 marks
Pre-litigation Services
p.202
Q36(B) – 3 marks
3M
When Legal Aid is Denied/Withdrawn
p.204
Q35 – 3 marks
3M
NALSA Regulations, 2010
p.197
Q36(A) – 3 marks
3M
2M
3M
2M
3M
8.1 Legal Services Authorities Act, 1987
Textbook pp. 199–202
•
•
•
•
Enacted to ensure that opportunities for securing justice are NOT denied to any citizen by reason
of economic or other disabilities.
Provides for FREE AND COMPETENT legal services to weaker sections.
Establishes National Legal Services Authority (NALSA) at national level; State Legal Services
Authorities (SLSA) at state level; District Legal Services Authorities (DLSA) at district level.
Persons entitled to free legal aid (S.12 LSAA):
– Members of SC/ST
– Victims of trafficking or beggary
– Women and children
– Persons with disabilities (mentally ill)
– Victims of mass disaster, violence, floods, droughts
– Industrial workmen
– Persons in custody (in jail)
– Persons with annual income below the notified threshold
8.2 Components of Free Legal Services
Textbook pp. 201–202
•
•
•
•
•
(1) Payment of court fees, process fees, and all other charges payable to the court.
(2) Charges of the legal practitioner assigned to the case.
(3) Charges for drafting petitions, appeals, and other documents.
(4) Obtaining certified copies of judgments/orders/documents.
(5) Preparation of paper-books including printing.
Page 20 of 22 | Based on CBSE Textbook (2023 Ed.) & SQP 2025–26
LEGAL STUDIES CLASS XII | UNIT-WISE EXAM NOTES 2025–26 | Code 074
•
Pre-litigation services purpose: To resolve disputes BEFORE they reach court stage — saves
time, cost, and reduces burden on courts. Includes mediation, conciliation, and counselling.
8.3 When Legal Aid is Denied or Withdrawn (Q.35)
Textbook p. 204
•
•
Legal Aid can be denied BEFORE acceptance or WITHDRAWN AFTER acceptance.
Grounds for denial/withdrawal:
– (1) Person does not qualify under S.12 (not in the eligible category).
– (2) Case is found to be frivolous, vexatious, or has no reasonable grounds.
– (3) Person has sufficient means to pay for legal services (misrepresentation of financial
status).
– (4) Person engaged another advocate privately after receiving legal aid.
– (5) Person fails to cooperate with the assigned advocate.
– (6) Person obtained legal aid by misrepresentation or fraud.
8.4 NALSA Regulations, 2010 — Key Features (Q.36A)
Textbook p. 197
•
•
Adopted under S.25 of the Legal Services Authorities Act, 1987.
Key features regarding lawyers:
– (1) NALSA empanels advocates for providing legal services; only empanelled advocates are
assigned cases. This ensures competence.
– (2) The assigned advocate must provide services diligently and as if the client were a paying
client — same standard of service.
– (3) If an empanelled advocate fails to provide competent services, the State/District authority
can remove the advocate from the panel.
– (4) The regulations ensure continuity — if an advocate withdraws, another is assigned without
delay to protect the person's interest.
– (5) Pre-litigation services: Advocates can be assigned at the mediation/pre-litigation stage to
assist eligible persons before reaching court.
Page 21 of 22 | Based on CBSE Textbook (2023 Ed.) & SQP 2025–26
LEGAL STUDIES CLASS XII | UNIT-WISE EXAM NOTES 2025–26 | Code 074
QUICK REFERENCE: ALL MCQs (Section A) — ANSWERS
SQP 2025–26 | Code 074
Q
Topic
Answer
Key Concept
Textbook
1
PIL – NGO filing lawsuit
(B)
Extended locus standi in public interest
p. 19–22
2
Minor's mortgage
contract
(C)
Minor's agreement is void ab initio (Mohori
Bibee case)
p. 56
3
Stages of Crime
(match)
(B)
Intention→Preparation→Attempt→Commission
p. 115
4
Consent in contract
(D)
Consensus Ad Idem = same thing in same
sense
p. 54
5
Commercial property –
15 years
(B)
Lease = right to enjoy property for fixed period
p. 78
6
Art. 48A (A/R)
(C)
A=True; R=False (48A protects environment,
not industry)
p. 97
7
SC Suo Motu & Art. 32
(A/R)
(A)
Both true; Art. 32 writ jurisdiction enables suo
motu
p. 18–19
8
Doctrine of Election –
Chaman
(A)
Cannot accept benefit and reject burden under
same deed
p. 76
9
History of ADR in India
(B)
Native ADR existed before British courts in
India
p. 31–32
10
Updating ownership
records
(B)
Mutation = official update of land records
p. 75
11
Painter's right violated
(B)
Right of Integrity = protection from
damage/distortion
p. 85
12
Fundamental Duty –
86th Amendment
(C)
Parents' duty to provide education to child (6–
14 yrs)
p. 137
13
Shakila – CAT vs NCM
(C)
Must wait before CAT; it has exclusive
jurisdiction
p. 21
14
Objective NOT in
judge's statement
(D)
Restoration (compensation to victim) was
excluded
p. 112–113
15
Army legal department
(B)
JAG Department handles military legal matters
p. 193
16
Ms. Hazra 1922 case
(A)
Fought for women's right to practise in Patna
HC
p. 188
17
Senior Advocate vs
AOR
(B)
AOR files; Senior Advocate argues; AOR
always required
p. 184
18
Complaint against
insurance company
(B)
Insurance Ombudsman – free, informal
resolution
p. 46
19
Darjeeling Tea
protection
(C)
Geographical Indication (GI)
p. 82–84
20
Section 89 CPC
(C)
Court formulates terms → parties give
feedback → refers to ADR
p. 36
— END OF NOTES — Best of Luck for your examination!
Note: Unit 4(C) covers criminal laws as per IPC/CrPC/Evidence Act (2023 textbook). These have been replaced by
BNS/BNSS/BSA (effective July 1, 2024). Stay updated.
Page 22 of 22 | Based on CBSE Textbook (2023 Ed.) & SQP 2025–26