Examination R.NO.

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HIMACHAL PRADESH NATIONAL LAW UNIVERSITY SHIMLA

End-Term Examinations
Paper Code: LM-203 Subject: Constitutional Rights and Theory
nd
LL.M. 2 Semester 25th July, 2020
Time: 2hrs. 30minutes (for writing exam- 10:30 am -12:30 pm and for scanning & uploading answer-sheet–
12:30 pm – 01:00 pm)

Maximum Marks: 50

Instructions:
Attempt all questions. Section-A is compulsory consisting of four short questions
carrying five marks each. Attempt any two questions from Section-B. Each
question in Section-B carries 15 marks.

SECTION-A (Short-Answer Type) (4x5 =20 marks)

Q.1 Short Answer Type.
(A) Explain the difference between ‘procedure established by law’ and ‘due process of
law’ in the light of the shift in approach adopted by Indian Judiciary?
(B) “Judicial Review is the check and balance mechanism to maintain the separation of
powers and separation of functions. The concept of separation of power has deepened
the scope of Judicial Review”. In the light of this statement, discuss the Emerging
Trends of Judicial Review in India.
(C) “Judiciary is the watchdog and custodian of our Constitution. It draws boundaries
for public authority and exercise of powers/functions by them. The primary object of the
judiciary is to provide justice to each and every individual in the country and put a cap
on growing corruption”. In this background discuss the judicial interpretation of freedom
of speech and expression.
(D) “Social equality means equality of status and of opportunity, assuring the dignity of
the individual in the society”. Discuss the concept of social quality as embedded in the
preamble of the Indian constitution.

SECTION-B (Long-Answer/Descriptive/Analytical Type) (2x15 = 30 Marks)

Q.2. “The protective discrimination is meant to overcome the caste discrimination and the
persistent inequality in Indian society. The benefits are extended to groups but the
individual gets the benefits because of his membership of that group”. Critically
Examine.
Examination R.NO.
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Q.3. “The right to life and personal liberty are not the creations of Constitution. These rights
are recognized by the Constitution as inhering in each individual as an intrinsic and
inseparable part of the human element which dwells within. Based on this position about
core rights, it can be said that privacy is a constitutionally protected right which emerges
primarily from the guarantee of life and personal liberty in Article 21 of the
Constitution.” In the light of this background, analyses the statement that elements of
privacy also arise in varying contexts from the other facets of the freedom and dignity
recognized and guaranteed by the fundamental rights contained in Part III of the
Constitution.
Q.4. “Indian Constitution has a peculiar form of secularism emerging from its unique socio-
cultural context. The provisions in Article 25 of ‘throwing open of Hindu religious
institutions of a public character to all classes and sections of Hindus’, perhaps has no
other parallel in any other constitution in the world. The country has struggled through
targeted discrimination based on caste and sex in the matters of entry and access to
religious institutions. The constitutional provision under Article 25, therefore, has the
character of attempting to redress a historical inequality.” Explain Article 25 in the
context of Article 14 of the Constitution.
Q.5. “A modern democracy may simultaneously face two contrasting situations. One,
government led by majority and the need to protect fundamental rights of minorities.
Two, on many occasions, protection of fundamental right is based on the interpretation
by the court based on what is just, fair and reasonable”. In the light of this statement,
explain why among the three institutions, legislature, executive and judiciary, the
judiciary is considered as the appropriate institution to protect fundamental rights?