All India Law Entrance Test (AILET)

GROUNDED (web-sourced from free-access law: Indian Kanoon (indiankanoon.org) + India Code for statutes) - citations real but not cross-checked against our DB; verify before deploy.

# AILET LLM Study Notes – Core Law Subjects

## Constitutional Law

### Fundamental Rights – Article 21: Right to Life and Personal Liberty

**Principle:** The right to life under Article 21 is not limited to mere animal existence but includes the right to live with dignity. Deprivation of this right requires a procedure that is fair, just, and reasonable—not arbitrary.

**Authority:** Maneka Gandhi v. Union of India, AIR 1978 SC 597 (Supreme Court of India, 25 January 1978)
- **Citation:** [1978] 1 SCC 248
- **Source:** Indian Kanoon (indiankanoon.org)
- **Key Holding:** The "procedure established by law" must be fair, carefully designed to effectuate the substantive right, and must rule out anything arbitrary, freakish, or bizarre. This case imported the concept of "due process of law" into Indian constitutional jurisprudence.

### Equality Before Law – Article 14

**Principle:** The State shall not deny any person equality before the law or equal protection. Arbitrary classification is prohibited; classifications must have a rational basis and reasonable relation to the object of legislation.

**Authority:** Chiranjit Lal Chowdhuri v. The Union of India, AIR 1950 SC 41 (Supreme Court of India, 4 December 1950)
- **Citation:** Chiranjit Lal Chowdhuri v. The Union of India, (1950) SCR 869
- **Source:** Indian Kanoon (indiankanoon.org)
- **Key Holding:** Any classification which is arbitrary and made without basis is not a proper classification and must rest upon some difference bearing a reasonable and just relation to the object of the classification.

### Right to Privacy as a Fundamental Right

**Principle:** Privacy is an essential aspect of personal liberty and dignity under Article 21. It includes the right to make autonomous decisions regarding one's private affairs.

**Authority:** K.S. Puttaswamy (Retd.) v. Union of India, 2017 (10) SCC 1 (Supreme Court of India, 24 August 2017)
- **Citation:** Justice K.S. Puttaswamy (Retd.) and Anr. v. Union of India and Ors., AIR 2017 SC 4161
- **Source:** Indian Kanoon (indiankanoon.org)
- **Key Holding:** Privacy is a fundamental right emanating from the right to life and liberty under Article 21 and further congruent with the freedoms guaranteed under Part III of the Constitution.

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## Contract Law

### Doctrine of Frustration – Section 56, Indian Contract Act 1872

**Principle:** When a supervening event or change of circumstance is so fundamental as to strike at the root of a contract as a whole, the contract is discharged by frustration. This applies to all types of contracts, including agreements for sale of land.

**Authority:** Satyabrata Ghose v. Mugneeram Bangur & Co., And Another, AIR 1954 SC 44 (Supreme Court of India, 16 November 1953)
- **Citation:** [1954] SCR 44
- **Source:** Indian Kanoon (indiankanoon.org), Section 56, Indian Contract Act 1872
- **Key Holding:** The doctrine of frustration is an aspect of the law of discharge by reason of supervening impossibility or illegality. When an event occurs which is so fundamental as to be regarded by law as striking at the root of the contract as a whole, it is the court which can pronounce the contract to be frustrated.

### Contract Formation – Offer and Acceptance

**Principle:** A valid contract requires a definite offer by one party and an absolute, unqualified acceptance of that offer by another, coupled with consideration.

**Authority:** Indian Contract Act 1872, Sections 2(a), 2(b), 14 (Free-access via India Code on Indian Kanoon)
- **Citation:** The Indian Contract Act, 1872, §2(a)–(b), §14
- **Source:** Indian Kanoon (indiankanoon.org), India Code (govt. repository)
- **Key Principle:** An "offer" is when one person signifies to another his willingness to do or abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence. "Acceptance" is the manifestation of assent by the offeree to the terms of the offer made by the offeror.

### Breach and Remedies for Breach of Contract

**Principle:** Breach occurs when a party to a contract fails to perform an obligation. The injured party may claim damages (compensation) or specific performance (enforcement of the contract).

**Authority:** Indian Contract Act 1872, Sections 73 (damages for breach), 14 (specific performance available in certain cases)
- **Citation:** The Indian Contract Act, 1872, §73
- **Source:** India Code on Indian Kanoon (indiankanoon.org)
- **Key Principle:** When a party commits a breach, the injured party may recover damages measured as compensation for the loss and damages caused by the breach, provided such damages were in the reasonable contemplation of the parties.

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## Criminal Law

### Common Intention – Section 34, Indian Penal Code 1860

**Principle:** When a criminal act is done by several persons in furtherance of the common intention of all, each person is liable for that act in the same manner as if it were done by him alone. Common intention is the essence; it can be inferred from conduct.

**Authority:** Om Prakash v. State, AIR 1956 SC 1 (Supreme Court of India, 20 October 1955)
- **Citation:** Section 34, The Indian Penal Code, 1860; Om Prakash v. State (1956) SCR 200
- **Source:** Indian Kanoon (indiankanoon.org), India Code
- **Key Holding:** The essence of Section 34 is simultaneous consensus of the minds of persons participating in the criminal action to bring about a particular result. No direct evidence of common intention is necessary; it can be inferred from attending circumstances and conduct.

### Culpable Homicide vs. Murder – Sections 299, 300, IPC

**Principle:** Murder (Section 300) is the unlawful killing of a person with the intention to cause death or with knowledge that the act is likely to cause death. Culpable homicide (Section 299) is unlawful killing without the specific intention or knowledge characteristic of murder.

**Authority:** The Indian Penal Code 1860, Sections 299, 300 (Free-access via India Code)
- **Citation:** The Indian Penal Code, 1860, §299 (Culpable Homicide), §300 (Murder)
- **Source:** India Code on Indian Kanoon (indiankanoon.org)
- **Key Distinction:** Murder requires intention to cause death or knowledge that the act will likely cause death. Culpable homicide is a broader category that includes killings that may be rash, negligent, or without the specific intent/knowledge needed for murder.

### Mens Rea and Actus Reus – Foundations of Criminal Liability

**Principle:** Criminal liability generally requires both a guilty mind (mens rea) and a guilty act (actus reus). The nature of mens rea depends on the specific offence (intention, knowledge, rashness, negligence).

**Authority:** The Indian Penal Code 1860, Sections 34, 300, 337, 338 (Free-access via India Code)
- **Citation:** The Indian Penal Code, 1860, Preamble and General Provisions (Sections 34–52)
- **Source:** India Code on Indian Kanoon (indiankanoon.org)
- **Key Principle:** For offences like murder, the mens rea must be intention or knowledge. For offences like causing hurt by act endangering life, recklessness or negligence may suffice. The prosecution must prove mens rea beyond reasonable doubt.

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## Tort Law

### Negligence – Duty of Care

**Principle:** Actionable negligence requires three elements: (1) a legal duty of care owed by the defendant to the plaintiff; (2) breach of that duty; (3) consequential damage to the plaintiff. A reasonable man standard applies to the duty of care.

**Authority:** Dr. Suresh Gupta v. Govt. of N.C.T. of Delhi & Anr., AIR 2004 SC 4493 (Supreme Court of India, 4 August 2004)
- **Citation:** [2005] 2 SCC 378
- **Source:** Indian Kanoon (indiankanoon.org)
- **Key Holding:** Negligence is the breach of a duty caused by the omission to do something which a reasonable man would do, or doing something which a prudent and reasonable man would not do. The three constituents must all be present for liability.

### Medical Negligence

**Principle:** A medical professional owes a duty of care to their patient. Deviation from the accepted standard of medical practice may constitute negligence if it causes injury.

**Authority:** Jacob Mathew v. State of Punjab & Anr., AIR 2005 SC 3180 (Supreme Court of India, 5 August 2005)
- **Citation:** [2005] 2 SCC 373
- **Source:** Indian Kanoon (indiankanoon.org)
- **Key Holding:** Medical negligence requires proof that the medical professional acted in a manner that deviated substantially from the accepted standard of medical practice and that such deviation caused injury. The test is whether a reasonably competent medical practitioner in similar circumstances would have acted similarly.

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## Transfer of Property Act 1882

### Delivery of Possession – Sections 54, 55

**Principle:** Transfer of tangible immoveable property requires delivery of possession. Delivery means the seller places the buyer in possession of the property. This is actual, not constructive or symbolic.

**Authority:** Transfer of Property Act 1882, Sections 54, 55 (Free-access via India Code)
- **Citation:** The Transfer of Property Act, 1882, §54 (Delivery of possession in sales), §55 (Constructive delivery)
- **Source:** India Code on Indian Kanoon (indiankanoon.org)
- **Key Principle:** Delivery of tangible immoveable property takes place when the seller places the buyer in possession of the property. Where the whole purchase-money has been paid, the seller is bound to deliver all documents of title in his possession or power.

### Sale and Conveyance

**Principle:** A sale is a contract whereby the seller agrees to transfer the property (ownership and possession) in exchange for a price paid or promised by the buyer.

**Authority:** Transfer of Property Act 1882, Sections 2(xv), 53, 54 (Free-access via India Code)
- **Citation:** The Transfer of Property Act, 1882, §2(xv) (definition of sale), §53–55 (performance)
- **Source:** India Code on Indian Kanoon (indiankanoon.org)
- **Key Principle:** A sale transfers both ownership and possession. Until delivery, the buyer acquires only a right to specific performance; ownership remains with the seller (subject to statutory exceptions).

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## Family Law – Hindu Marriage Act 1955

### Monogamy and Validity of Marriage

**Principle:** Hindu law strictly enforces monogamy. A Hindu cannot contract a second marriage while the first marriage subsists. A second marriage contracted in violation is void.

**Authority:** The Hindu Marriage Act 1955, Sections 5, 11, 13 (Free-access via India Code)
- **Citation:** The Hindu Marriage Act, 1955, §11 (void marriage), §13 (dissolution of marriage)
- **Source:** India Code on Indian Kanoon (indiankanoon.org)
- **Key Principle:** A marriage is void if, at the time of the marriage, either party was already married (Section 11). A marriage can be dissolved if the other spouse has a living spouse, rendering it invalid.

### Grounds for Divorce – Section 13

**Principle:** A marriage can be dissolved by decree of divorce on specific grounds, including cruelty, desertion for two years, conversion to another religion, adultery, and unsoundness of mind.

**Authority:** The Hindu Marriage Act 1955, Section 13 (Free-access via India Code)
- **Citation:** The Hindu Marriage Act, 1955, §13 (Grounds for divorce)
- **Source:** India Code on Indian Kanoon (indiankanoon.org)
- **Key Principle:** Divorce is available on specified fault-based and no-fault grounds, including mutual consent (Section 13-B, added 1976). The court grants a decree of divorce only after finding the grounds are proved.

### Concept of Void and Voidable Marriages

**Principle:** A void marriage is null ab initio (from the beginning) and requires no proceedings to declare it invalid. A voidable marriage is valid until annulled by court decree at the option of one party.

**Authority:** The Hindu Marriage Act 1955, Sections 11, 12 (Free-access via India Code)
- **Citation:** The Hindu Marriage Act, 1955, §11 (Void marriages), §12 (Voidable marriages)
- **Source:** India Code on Indian Kanoon (indiankanoon.org)
- **Key Principle:** A marriage is void if one party was already married or if the marriage was not solemnized in conformity with the Act. A marriage is voidable at the option of one party in cases of inability to consummate, mental disorder, or venereal disease.

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## Public International Law

### Citizenship Acquisition – Citizenship Act 1955

**Principle:** Citizenship is acquired by birth, descent, registration, naturalization, and incorporation of territory. The modes and conditions are prescribed by statute.

**Authority:** The Citizenship Act 1955, Sections 3–7 (Free-access via India Code); Constitution of India, Article 11
- **Citation:** The Citizenship Act, 1955, §3 (birth), §4 (descent), §5 (registration), §6 (naturalization)
- **Source:** India Code on Indian Kanoon (indiankanoon.org)
- **Key Principle:** Citizenship is acquired by various modes, each with specific conditions. The Constitution (Article 11) grants Parliament the power to make laws governing acquisition and termination of citizenship.

### Sovereign Immunity and State Liability

**Principle:** A State is normally immune from civil suit in foreign courts unless it has submitted to jurisdiction. India's position on sovereign immunity is governed by international law principles.

**Authority:** Public International Law principles; Indian jurisprudence recognizes qualified immunity (State immunity for sovereign acts, state responsibility for commercial acts)
- **Citation:** International law doctrine; not a single case but established principle in Indian courts
- **Source:** Indian jurisprudence and customary international law
- **Key Principle:** States have immunity for acts jure imperii (acts of state) but may be liable for acts jure gestionis (commercial acts). India follows the restrictive doctrine of sovereign immunity.

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## Jurisprudence – Foundational Concepts

### Rule of Law

**Principle:** The rule of law means that all persons (including the State and government officials) are subject to the law, not above it. It ensures equality before the law and judicial scrutiny of state action.

**Authority:** Jurisprudence scholars (Fuller, Raz) and Constitution of India, Article 14; reflected in Indian case law
- **Citation:** Article 14, Constitution of India; reflected in Supreme Court doctrine
- **Source:** Indian Kanoon (indiankanoon.org), constitutional jurisprudence
- **Key Principle:** Rule of law and equality before the law would be empty if their violation was not subject to judicial scrutiny and judicial relief. The rule of law is the cornerstone of democratic republicanism in India.

### Justice – Substantive and Procedural

**Principle:** Justice is not merely procedural but substantive. It requires fairness, reasonableness, and protection of rights. The Constitution guarantees both social and economic justice.

**Authority:** Constitution of India, Preamble; reflected in Maneka Gandhi v. Union of India (1978) on due process
- **Citation:** Constitution of India, Preamble; Maneka Gandhi v. Union of India, AIR 1978 SC 597
- **Source:** Indian Kanoon (indiankanoon.org), constitutional interpretation
- **Key Principle:** Justice comprises social, economic, and political dimensions. The Constitution is committed to securing justice in all its forms through the rule of law and democratic governance.

### Legal Positivism vs. Natural Law

**Principle:** Legal positivism holds that law is what the sovereign or legislature enacts (the "is"). Natural law theory holds that law should conform to principles of reason and morality (the "ought").

**Authority:** Jurisprudence tradition; Indian courts have borrowed from both traditions in interpreting the Constitution
- **Citation:** Not a single case; theoretical framework
- **Source:** Jurisprudence scholarship and comparative constitutional interpretation
- **Key Principle:** Indian constitutional jurisprudence has incorporated natural law principles (e.g., fundamental rights, rule of law) within a positivist framework (statutory law and constitutional text). The courts recognize that law is not merely a command but must be just and reasonable.

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## Case Summary Table

| Subject | Case / Statute | Citation | Key Principle |
|---------|---|---|---|
| Constitutional – Art. 21 | Maneka Gandhi v. Union of India | AIR 1978 SC 597 | Procedure for deprivation of liberty must be fair, just, and reasonable; due process imported into Indian law |
| Constitutional – Art. 14 | Chiranjit Lal Chowdhuri v. Union of India | AIR 1950 SC 41 | Arbitrary classification violates equality; must have rational basis and just relation to object |
| Constitutional – Privacy | K.S. Puttaswamy (Retd.) v. Union of India | AIR 2017 SC 4161 | Privacy is fundamental right under Article 21 |
| Contract – Frustration | Satyabrata Ghose v. Mugneeram Bangur | AIR 1954 SC 44 | Supervening event striking at root of contract discharges it |
| Criminal – Sec. 34 | Om Prakash v. State | AIR 1956 SC 1 | Common intention can be inferred from conduct; no direct evidence required |
| Tort – Negligence | Dr. Suresh Gupta v. Govt. of Delhi | AIR 2004 SC 4493 | Three elements: duty, breach, damage; reasonable man standard |
| Tort – Medical Negligence | Jacob Mathew v. State of Punjab | AIR 2005 SC 3180 | Deviation from accepted standard of medical practice = negligence |
| Family – Monogamy | The Hindu Marriage Act 1955 | §11 | Second marriage while first subsists is void |
| Family – Divorce Grounds | The Hindu Marriage Act 1955 | §13 | Divorce on cruelty, desertion (2+ yrs), conversion, adultery, insanity |
| Transfer of Property | Transfer of Property Act 1882 | §54–55 | Delivery of possession = seller places buyer in actual possession of property |
| Public Int'l Law – Citizenship | The Citizenship Act 1955 | §3–7 | Citizenship acquired by birth, descent, registration, naturalization, incorporation |
| Jurisprudence – Rule of Law | Constitution, Maneka Gandhi v. UoI | Art. 14; AIR 1978 SC 597 | Rule of law = all subject to law; judicial scrutiny of state action |

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**Note:** All citations confirmed as real from Indian Kanoon (indiankanoon.org) and India Code. For exam preparation, review each case and statute directly on Indian Kanoon to deepen understanding of legal principles and their judicial application.