mt 2917
. ‘This question paper contains 12 printed pages.
6927 Your Roll No.
LLB. /IV Term G
Paper LB-401 : CONSTITUTIONAL LAW - II
Time: 3 hours * Maximum Marks : 100
(White yout Roll No. on the top immediately
‘on recelpt of this question paper)
Nore:— Answers may be written either in English or in
Hindi; but the same medium should be used
throughout the paper.
feowht— ga seTaa ar oat attat aT fect fr we
ara # afore caer ah aed or eT ue A
aa aiee
Aitenapt any five questions
All questions carry equal marks,
Peet uber seat & sae afere 1
| wet eat & ates ort B1
1. Answer the following:
Prafafaa & sox df: .
(@) “. This contrivance of carrying on business
activities by the State through statutory corpora-
tions, government companies and other bodies
with legal personality, simplifies ‘and facilitates2
transactions and operations beyond the traditional”
and tardy processes of governmental ... . But to
use the corporate methodology is not to liberate
the State from its basic obligation to obey Part IIL.
.. Otherwise, a cunning plurality of corporations
taking over almost every State business ... will
cheat the people of Part IIT rights by the easy
ion for the bill of rights; no State
1n will be told that ‘the State has
ceased {0 be, save for the non-negotiable
sovereign functions; and fundamental: rights may
suffer eclipse only to be viewed in museum glass
cases. Such a situation will be a treachery on the
founding fathers, ... .” Critically examine the
statement on the basis that ‘Article 12 is a special
definition with a broader goal, in the light of new
socio-economic realities of 21st century India.’
an Senfres frm, werd drei et arp
afee aet are afhfrdt & mem 8 wT a
arate afatafedt at ant wet at ae ae
war H wigan TH at arifatedt & ek ate
wo ta @ acig¢ G gM. fet
frafia vata at are an ae af wate fe TET
ator nn at are wet ys aor Be
eo. ae Pat at Ts ae AGATA
ie was oT a afta Fa eh
‘att & wer nr & afeart at avant wat & ect
“art; “anftramdt fret 3 forte te waar at 8
)
2. (a)
3 ont
are use et vet 2” eB eT TT
“wa ware Bt rar @, Tae ara % fae ase,
vitferss saftraret st wen rit athe Sarer aaeret
4 wiht & aaa Fa 2S oe ws et fafa
dens aed a faraana tn.” ‘2027
wat & wa At eh omnis aniis arate
at tert a, agese 12 care wea are ww fe
atm @ & oe KR aK fet 1a wer at
SHAT SARE BASIE |
‘The view that the expressions ‘void’ and ‘to the
extent of such inconsistency’ and ‘to the extent of
the contravention’, used respectively, in Articles
13(1) and in Article 13(2) carry same meaning,
entails the conclusion that the doctrine of eclipse
may have application as well to laws made after
the Constitution has come into force. Explain.
STB 131) WE PST 1302) F wa at aE
aftoatral ‘frie’ ud ‘et ayeom st we ae’
we ‘serint a ee ae’ or ue et od 2, a ae
freed frre @ f& wen & frert ar dar &
ary oF & ae a arp a oh wea A Tat
21 WERT!
The constitutional conception of equality had,
traditionally, been worked out with the help of
‘legislative classification’ “ doctrine. In 1970s,
PTO.on 4
however, the Supreme Court devised the theory
of ‘reasonableness or non-arbitrariness’ to instil
new vigor and potency into the protection
guaranteed by Article 14. Elaborate.
wana at déafrs seem woats oro
faarht aif’ frera St werrar 8 Frere aT
ari wenft 1970 4 Bite ae 3 fata tare fear
‘ofa ar tear’ a, ayes 14 ae SH
Bren Yat ates ate area a ser & fees
(b) ‘Democracy is essentially a form of society.
Political democracy without social, democracy
cannot last long. ... Political and economic
democracy would be of no avail unless social
inequalities are removed.’ Explain the above
statement in light of- the ‘Abolition of
Untouchability’ and other related provisions in
the Constitution.
‘area afert wr 8 wat ww oT th
annie citar & fer cerifes cect oe
ena aa WaT) Te TH TTT
seared wr ad o ond oe ae Tries
ante draws a ate ore ae ey deer F
gar aa ak ar wafed swear
wi dent F aay fa 7a Het A AHMET!
3. A group. G, mainly comprising of a set of castes, in
state S, pleas for reservation in government services as
5 on
BCs (Backward Classes of Citizens). Due to the
intense agitations, sometimes violent, threatening to
bring the state to the verge of political instability, the
state S concedes to the demand of G. The contentions
of the leaders of G are that opportunities of
employment and livelihood outside the government
have shrunk after the liberalization of economy. The
group which traditionally depended on agriculture and
petty business does no longer find the latter as a viable
option after the transformation of Indian economy.
Consequently poverty ration within the group is
consistently increasing to the extent that a large
portion of it is not able to meet even their basic needs.
Within the government the opinion is divided. One
section of the bureaucracy is of the opinion that
extending reservation to them would violate the limits
and conditions as interpreted by the Supreme Court.
‘The other section of the government holds the view
that these conditions and limitations need to be
re-examined in light of the fact that ‘social and
economic conditions have changed’ in last three
decades and also the reality that quite many groups
within the classes of citizens who have so far benefited
from the reservation policy, on empirical study, may
not themselves qualify any more to be entitled to such
facilities.
‘The Government of State § seeks your advice.
we tm s Hw aH G, frat qe wi a
smfrat ar aye wire @ fees ah & we A mT
RTO.on G
Sens orem & fee age wen ti ate ate
Sar, st avast fas wt a, sit too at
fae onfereen heim AR BT TBI eT, THIS, G a
att at ama @1G & dat & aa gfe wen &
amet them sit srstfeer saat aorren 3
sata S ae ue ma 1 st aR weMfis wr a
oR ak og ora Finke ae om, ae aethe
arforsen % uftady & are ara sR a us Pree
& 808 arent of od) gerry, aa & tae
ante a fee cman ga ae ag we fe eR TH
oF Sed sect Bg as od
'
War & vie wa Prnfea 21 sect & ww fed
i we ca @ Re sak fet ome ager aia sie
wat or seeiat at maar @ ot acta =e ant @
wef G1 weer & gRt ave a uret é fe er wal si
Mion St ga wer} ware YX fer B ata at
srevasa @ fis fred aia cea Y “amntae ite
sift featrit % acca arn 2” sit ae ot
areata @ fe af wept a ama 3 ex a st ant
1 ATT ger Ke ae sife F aatad z
Se Be gfe & ewe BF fee ae a a
1
Ts S St AER aral Ta ae 2
4. The right to freedom of speech and expression
1 on
conferred by Article 19 of the Indian Constitution has
essentially been interpreted with the help of two
‘working principles: ‘Free market place of ideas’ and
‘imminent tendency-to cause harm’. Critically examine
the sufficiency of these interpretative tools in Jight of
the fact that notion of power has shifted from the
‘concentration of economic power in’few hands to the
power of thought exercised through control of mass
media such as press, electronics and telecom-
munications.
endta dire & age i9 we fq mE ATs
afteats % after at-afrard wa & at ard-frerdt
at aga & aren ston 8: “frat aT yw a”
ait “qaar ar aro A at see wafer
RTT Sea at ater: aT sree tert
Safer) ge ares srearer Af aa BT ar |S eet
% anffa-wiaaat werma a as dart om tifen Ba
TEU, gagites agen & Pera Fare
sr faq my Prat a wits Tt earrafta & 7G 21
Fe wer ST aTerrers are aif |
5. Answer the following:
fret ar sae chee
(a) Briefly examine the meaning of the right to ‘life
and personal liberty’ under Article 21. How far
can they be interpreted to impose a positive duty
upon the state to create conditions, through its
Jaws and polices, in which these rights become)
exercisable even by the weaker, poor and deprived
of the Indian populace? Has the Judiciary been
effective in similar efforts?
ages 21 & oenfa ster sit afer waa
& afer & af ar dia wet athe)
afeert at fra dtr ae caren a ot wart @
fe Usa Te wares Seer any feet on watt
fa ot arp a aifeal & te wera ae fs
credia svar & anit, ota, afer