BENNETT UNIVERSITY, GREATER NOIDA

END TERM EXAMINATION, EVEN SEMESTER 2020-21

COURSE CODE: LLB202L MAX. DURATION: 10 am to 5 pm

COURSE NAME: Constitutional Law-2 MAX. MARKS: 35

Instructions – Please justify your answers with case laws where necessary.

Subject knowledge is essential but not the end of the answer by itself. This being an
open book plus take home test, analysis in your own words with subject knowledge
becomes essential requirement.

Stick to the word limit. Falling substantially below the word limit will result in
deduction of marks. You may exceed it if you need the space to explain better but
unduly high wordage will result in presumption of cut and paste.

Your answer should be to the point sought. Marks will be deducted for irrelevant stuff.

Plagiarism is considered serious misconduct and marks will be deducted as per table
below:

Similarity Index Deduction of Marks

0 40 0
41
50 2
51
60 3
61
70 8
71
100 0 – Paper disqualified

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Answer Scripts will only be accepted on LMS . Time of examination is from 10:00
Hours to 17:00 Hours and students are expected to submit the answer scripts latest by
May 19th, 2021.

Answer seven out of the nine questions in 500 words each. Each question carries 5
marks. [7 x
5 = 35]

Q1. A, B and C are expelled from the school situated in Kerala for refusing to sing the
national anthem, though they stood silently. They claimed their religious faith does not
permit it. Do they have any right under Constitution? Point out salient features of Justice
Chinnappa Reddy’s judgment. How it is different from Navin Jindal case?

Q2. Do you think judgment in Justice K.S. Puttaswamy’s case on ‘Right to Privacy’ is
different from the Telephone-Tapping case? If a court grants a decree for restitution of
conjugal right and directs a wife to join her husband against her will, is it not breach of
fundamental right to privacy? Explain with case law.

Q3. Whether freedom of faith includes a legal right and entitlement to convert huge mass of
people from majority religion by all means into their religion? Analyze the judicial decisions
on this fundamental right vis-à-vis secularism as the basic structure.

Q4. ‘Mr. B’, the Petitioner published some articles criticizing the government policies and
decisions with reference to communist philosophies in his weekly English magazine called
‘Expression Heights’. In the month of February 2021, the ‘State Government of Moshina’ of
‘Rebublic of Tavakolinia’ issued an order imposing a ban on the entry and circulation of the
magazine in the area where communist movement was in vogue. This order empowered the
government to prohibit the circulation, sale or distribution of the journal in certain parts of the
province of Moshina for the purpose of ensuring ‘public safety’.

In the situation given above, whether ban amounts to reasonable restriction on the
fundamental right to freedom of speech and expression as enshrined in the Constitution of
India. What is the difference between this freedom guaranteed in US and Indian Constitution?

Q5. ‘X’ college is an aided educational institution affiliated to the state university run by
Christian missionaries. It has announced preference for Christians to other communities in
admissions. A, an aggrieved student challenged this admission policy on the ground equality

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before the State High Court. Explain the constitutionality of the policy. What will be the
situation if the Kannada society running a linguistic society in Delhi is similarly challenged?

Q6. If one fundamental right conflict with another, which right can be preferred? If a
fundamental right is reduced in the best interests of the people in performance of a mandatory
duty under Directive Principles of State Policy, will it stand the constitutionality test?
Substantiate your answer with the relevant case laws.

Q7. What are the fundamental duties of the State under the Constitution of India? And
compare it with the fundamental duties of individual citizens. Illustrate with case law.

Q8. ‘A’, a boy of 16 years was convicted for committing an offence of house- trespass and
outraging the modesty of a girl aged 7 years. The Magistrate sentenced him for 6 months
rigorous imprisonment and imposed fine. After this, Probation of Offenders Act, 1958 came
into force. Considering this situation, describe analytically as to whether ex post facto law
which is beneficial to the accused can be applied by the court in this case.

Q9. What is the meaning of alternative efficacious statutory remedy, and why a petitioner is
expected to exhaust before filing any writ petition? Explain the restrictions on Public Interest
Litigation. How the writ jurisdiction under Article 226 is different from that under Article 32
of the Indian Constitution?