Professional Documents
Culture Documents
QP 1
QP 1
Question 1. Discuss the causes for the decline of Mughal power in eighteenth
century.
Question 2. Discuss the judicial refoms introduced by Warren Hastings in Bengal.
Question 5. Discuss the causes of Revolt of 1857 and its impact on freedom struggle.
migration from Bangladesh. On the other hand, some Indians demanded that Indian
citizenship should be granted to Muslim refugees and immigrants. Students at
and Jamia Millia slamia alleged brutal Aligarh Muslim University
suppression by the police.
The protests have led to death and
injuries to protestors and police
private property, the detention ot over a thousand people, and some personnel, of damage to public and
communication intrastructure. The large scale suspension local internet and
protest has led to massive internal disturbances in the
as a whole. It is well recognized that the country
government's tirst duty is
satety oft its citizens when threatened by events within the state.
to ensure the security of the state and the
From the given factual proposition, explain what are the constitutional
framers to the survival of the Indian tederalism? What are the
secure imperatives designed by the
constitutional safeguards for such
constitutional imperatives? Briefly explain the constitutional enhancement of legislative and executive
powers during a state of emergency under the Indian tederalism: Can the
1Il of the Constitution and the extent to which such emergency powers derogate Part
derogations are
permissible?
Q.2. The State of Jamumu and Kashmir is a part ot Indian I
the Schedule of the Constitution. Under erritory and is included in the List of States in
Asymmetrical Federalism, the position of this State
from other States in that the proVisions dealing with the differed
gOvernment machinery in the other States of the
Union did not apply to the State ot Jammu and hashmir trom
1950-2019. Article 370 clearly
special positionot the State ot Jammu and Nashmir and that is
why the
the recognized
apply the provisions ot the Constitution to that State President was given the power to
President may by order specify. subject to such exceptions and modifications as the
On the 5/8/2019, in exercise ot the
powers conterred by Clause
the President, with the concurrence ot the (1) of Article 370 of the Constitution,
government of the State of
Constitution (Application to Jammu and Rashmir) Order Jammnu and Kashmir issued the
indirectly amended by inserting Clause (4) into Article 2019of in which Clause (3) of Article 370
President has transgressed his constitutional 367 the Constitution. It is alleged the
powers and the impugned order is tna he
against the spirit a
etter of the Constitution, Trace the constitutional validity of the Impugned Presidential Oraer oy using
doctrinal analysis. How is De Jure Asymmetric Federalism different from De Facto Asymmetric Federalism?
3. Rhona Mitra who is an Anglo-Indian, processes and distributes at Berri, VWest Bengal dried fruits-
Currants, sultanas and lexias (a special raisin) some of which are grown by himselt and the rest being
purchased from other growers. Dried fruits are grown, prepared, dried, pressed and packed or local
consumption and export to other states. Rhona Mitra is the chief producer of dried fruits in the State ot West
bengal. The State of West Bengal consumes 13 from the total production. The production is grea ter than
consumption and the surplus must be exported elsewhere. Recently Parliament enacted the Dried Fruits
EXport Control Act 2019 in which Ministers had the power through a systern of licensing to control the
Cxport ot dried truits trom India and Dried Fruit Control Board was constituted which control the truits so
brought under license, The State of West Bengal enacted the Dried Fruits Act 2019. Section 20 of the said
enactment empowers the Board in its absolute discretion from time to time to determine where and in what
respective quantity, the output of dried fruits produced in any particular year is to be marketed and to take
whatever action as the Board thinks fit for
purpose of enforcing
such determination.
Nnonaitra has entered into contracts with various purchasers in other states tor the sale and
delivery ot such truits amounting to 370 tons. His fruits were seized by the Board while he was entering into
theState ot Assam and his whole business was brought to a standstill. Rhona Mitra initiated a suit in the
High Court of West Bengal in which he alleged that Section 20o of the Impugned enactment is invalid as it
oftends tree trade, commerce and intercourse under the Constitutiorn of India. The defence of the state is that
the challenged act makes goods the absolute property of the state.
From the given factual proposition, briefly explain how the commerce power is distributed berween
the Union and the States under the Indian Federalism. Is there any fetter on the law making power of the
nion to regulate trade and commerce under the Constitution of India? The Impugned enactment of the
State did not receive the previous sanction of the President of India before its introduction in the State
Legislative Assembly. Establish the constitutional validity of the Impugned enactment and whether it
ottends free trade and commerce under the Constitution of India. Also establish whether the Petitioner can
be subjected to pay the Integrated Goods and Services Tax (IGST) on inter-state trade and commerce to the
State of Assam?
Q4. The Citizenship Amendment Act 2019 (CAA2019) and the National Register of Citizens (NRC)
protests which began in Assam has spread to Delhi, Meghalaya, M anipur, and 'Tripura. The reasons given tor
the protests by the participating student organizations, human rights activists, and citizen groups variously
include discrimination on the basis of religion, accommodation ofillegal immigrants, and police
brutality against protesters, especially on university campuses.
Violent protests occurred in the State ot West Bengal where tive trains were set on fire. Arson
intensifies further in the State of West Bengal. Damage to public property and lost of lives are rampant in the
State of West Bengal. In the interim, the State of West Bengal passed a resolution for non-implementation of
the CAA2019 and NRC.
From the given factual proposition explain what constitutional duty is cast on the Union to ensure
that the government of the State is carried on in accordance with the Constitutional provisions? What are the
constitutional imperatives designed by the framers for the Union to proteet the states against such mishap?
What powers are assumed by the Union Government under such constitutional imperatives? What are the
constitutional sanctions for non-implementation of CAA2019 and NRC?
(b) Dissenting opinjon of Justice FHans Raj khanna in the Habeas Corpus case.
Mutual delegatjon of functions betwecen Union and States.
(c) Principles of distributjon on ax revenues and non-tax revenues between Union and th
(d)
States.
14 NOV 2019
Maximum
Marks: Twenty only
Duration: Two hours
a] Answer all Questions.
India will be
Constitution of
All questions carry equal marks. & 7TH Schedule of the
O Part XI, XiI, XIII, XVIIL
provided by the Examination Department. and principles of law
provisions
relevant constitutional
P your answers with the judgmetS
enunciated in landmark judgments including recent
and style ot presentatIOn
for brevity, coherent
reait will be given
Question 2
The increasing menace of food adulteration in the country is driving the citizens to health
hazards that ultimately result in various ailments and even premature death. The present
framework on food satety is enshrined in the Food Satety and Standards Act 2018 (State Law)
(Entry 18 List III) where the tood adulteration is dealt with under the provisions of the Act by
creating an offence relating to unsate tood and creating a basis tor standard setting in the industry.
The Indian Penal Code 186o in Chapter XIV (Of Offences Affecting the Public
Convenience, Decency and Morals) Health, Safety,
prescribes punishment for adulteration of food or drink
intended for sale with imprisonment which may extend to 6 months or
to Rupees 1000.00 or both under Section 272 and prescribes punishmentwith
for
fine which may extend
sale of noxious food or
drink with imprisonment which may extend to 6 months or fine which may
TO00.00 or both under Section 273. (Union Law) (Entry I List III) Section 10 extend to Rupees
of the Penal Law
(Madhya Pradesh Amendment) Act 2019 (State Law) (Entry I List III) aims at
eliminating
Tesser punishment provided in the iF860 and updates it to bring in line with the provisions the
ot the
Food and Standards Act 2018. In application to the State of Madhya Pradesh
its
and 273 of the IPCt860 the following shall be substituted in Sectio
272 an nt for life and shall also be liable to namelv:-shall be punished wi
cons to be mentioned in the judgmentfine, Provided that the Court may, tor ae is less
impose a sentence of
than imprisonment for life,What is the constitutional mechanism imprisonment waf laws
to resolve confi
or
From the given factual propos it1on establish
Ween the Union and State in a federal Constitut ion? t8 List )1s directiy n
2o18 (State Law) (Entry
n e r the Food Safety and Standards Actand 273 of the IPCi860 (Union Law) (Entry List
I
I
Sections Pradesh
a n d inconsistent with 272
of the Penal Law (Madhya
also establish if Section 1o II)
n e given tactual proposition
and 273 of the 1PCI86o (State Law) (EntryI List
2010 anmending Sections 272 (Union
endnent) Act Pradesh o v e r Sections 272
and 273 of the TPC186o
prevail in the State of Madhya (5 rnarks)
oud
Law) (Entry I List II)P
in England, stating
Question3 tiled a complaint against her husband,
Veneet, who is working
Vimla the subsistence of her marriage and that
wife who is British citizen, during Penal
that he took a second of a n offence under Section 494 of IPC1860. Section 494 aThe Indiano r wife
a in
guilty having husband
he was theretore lifetime of husband o r
wife.-Whoever,
place during
the
odersó0:-Marrying again during is void by r e a s o n of its taking
in any c a s e in which
such marriage
living, marries of either description tor a term
o r wife, shall
be punished with imprisonment local. The
ot such husband AIl crimes a r e
lite
and shall also be liable to fine.
which may extend to
s e v e n years,
where the crime is
committed. How does the
crime belongs to the country Parliament o u t s ide
its
1urisdiction over the enacted by
the operation of the laws Gmarks)
Constitution ot India s e c u r e s answer.
with established principles of law to suPport your
jurisdiction? Discuss
Question 4
Write short notes o n any two of the following:-Court landmark judgment for the
the Supreme of India in
(a) Principles of law enunciated by in India. (2.5 marks)
under the federal Constitution List under
exercise of residuary powers
predominance of Union power to legislate o n the State
(b) Constitutional sanction of
the Constitution of India. (2.5marks)
from 1865. (2.5 marks)
federation I789 to
Nature of the American
(c) between unitary and federal
constitutions. (2.5 marks)
(d) Distinguish
BHOPAL
NIVER
TTUTE UNIVERSITY,
INSTITUTE
NATIONAL
LAw
A THE B.A.LL.B (HONS.)
s i x t h T R I M E S T E R
JULY 2021
EXAMINATION,
EX-STUDENT
REPEAT/
HISTORY-I
MAXIMUM MARKS:
DURATION: 3HOURS
100/80
INSTRUCTION:
a. Answer five questions.
b. All questions carry equal marks.
coherence and style of presentation.
C. Due credit will be given to brevity,
the questions will be entertained
d. No request for clarification regarding
during the examination.
Critically examine the land revenue policies introduced by the British in India.
2. Did British colonial government tried to change Indian society? Discuss in the light of the impact of
British rule on Indian society.
3. Revolt of 1857- was it the first War of Independence? Do you think it was a backward looking
movement?
VIth Trimester
Family Law - II
Instructions:
1
Answer Five Questions including Q1 which is compulsory.
2. l questions carry equal marks. Marks carried by questions are mentioned
against it.
4.Students may seek clarification regarding the questions in the first thirty (30) minutes
of the
beginning of the examination and no request in this regard will be entertained
thereafter.
Coparcenary. Rajkumar
died in the year 1950 and survived by his widow Maya and their minor son Dinesh.
was
When Maya proceeded to take her deceased husband's undivided share in the
coparcenarythrough court in 1952, the three surviving brothers of the deceased resisted her
claim. Maya contended that she has a rightful claim under the Hindu Women
Right to
Property Act, 1937, where as the brothers contended that the undivided share of
their
deceased brother had devolved upon them by
survivorship. While the dispute was pending
before the court, Maya sold the undivided share of her
deceased husband to Kamal
(Rajkumar's friend's son) for consideration on 20" November,1958. Suresh, Ramesh and
Madan challenged the validity of the alienation in court of law and
prayed for protection of
their reversionary rights.
(20)
Decide the dispute in the light of legal provisions/principles and decided cases. Assign
reason(s) for your decision.
(20)
02. Padmini died intestate in the ycar 2001 and was survived by her Father F, two survivin
sons viz. Si(Padmini's illegitimate son) and S2 (legitimate son), S3, the third son had
already predeceased Padmini., IWo daughters DI and D2, two Grand Sons S S I( Son ot d
and S$2 (Son of $3) . SS2 had convented to Christianity in 199%6. The property in que
was inherited by Discuss the shares of all the survivina
Dy Padmini from her mother in 1990. ing
n the separate property of the deccased in the light of the relevant provisions/principles
ne anomalies within the relevant provisions of HSA, 1956 dealing with inheritance
in case of Hindu female dies intestate. (20)
d o you understand by 'Notional Partition' and what is its significance? Trace out in
detail the evolution of law dealing with Doctrine of 'Notional Partition' since 1956 till date.
daughter (D) and a son (S). Ascertain their inheritance shares in the property of the
deceased. What would be your answer, if A was a Sunni female and W was the widower?
Q5.Discuss in the light of statutory provisions and decisions rendered rules of inheritance in
case of a Hindu male dying intestate. (20)
Q6. The Hindu Succession Act, 1956 has made a substantial difference in determining the
character of property in the hands of the son, inherited by him from his father vis-a-vis
grandson from the position as understood under the classical Hindu law.' Comment.
(20)
Q7. Write short notes on the following
a) Widow's Estate.
b) Benefit of Estate.
Doctrine of Aul.
c)
d) AvyavaharikaDebts.
(4x5-20)
Name: .. rEB 2022 Roll No ******°****
INSTTUTE UNIVERSITY,
BHOPAL
UTHE NATIONAL LAW
Ex STUDENT EXAMINATION, FEBRUARY 2022
VI
B.A.LLB (HONS.)-- IInd Yr.; TRIMESTER-
SUBJECT: FAMILY LAW - II
MAXIMUM MARKS: 100
DURATION: 3 HOURS
INSTRUCTION:
Q1. A Hindu Mitakshara Coparcener died as an undivided member of coparcenary in the year
2001 and was survived by his mother, two sons and a daughter. Determine the final share of
all the surviving members in the light of legal provisions and judicial pronouncements.
Q2. Write a detailed note on Hindu Gains of Learning Act,1930 and its signiticance.
Q3. Arun, a Karta ofa joint family, wants to sell his house for a sum of 2 Crores to Dev. Arun
intends to utilize the purchase amount for remarriage ofhis daughter after her divorce and also
to meet the legal expenses in connection with the prosecution of his brother Rajan on charges
of financial embezzlement. Decide in the light of principles of Hindu Law and decided cases
whether Arun can sell that property or not?. Discuss Karta's power of alienation under the law
governing Hindu Joint Family
Q4. Discuss elaborately the scope of S.14 Hindu Succession Act, 1956.
Page 1 of 2
Q7, Write short notes on any two of the following-
a) Role of Reversioners..
b) Antecedent Debt.
C
No request for clarification regarding the questions will be entertained during the
examination.
to enact the Public Security Act 2022 as the matter falls within the
legislative competency
legislative competency of the Parliament. Parliament has enacted the Preventive Detention
Act in the year 2010. A further alleged that the Magistrate ofthe State of Maharashtra has
List 1 Entry 9-Preventive detention for reasons connected with Defence Foreign
Affairs, orthe security of India, persons subiected to such detention.
List III Entry 3-Preventive detention for reasons connected with the security of a
State, themaintenance of publicorder or the maintenance of supplies and services
essentialto the community, persons subjected to such detention.
(i) Explain brielly how legislative powers are distributed between the Centre and the State
in the Indian Federalism?
(ii) Establish the L.egislative competency of the State Legislature of Maharashtra to enact
the Public Security Act 2017?
(iii) Should the Union Law prevail the State Law?
over (20 Marks)
2 In the past the State of Madhya Pradesh has compulsorily acquired the lands of the tribal group
of people living in the forest under the Land
Acquisition Act 2000. To bring transparency in
landacquisition matters. the State of Madhya Pradesh has enacted The Right to Fair
Compensation and Transparency in Land Acquisition Act 2022 (Entry 42 of List
The Act regulates land
II).
acquisition and lays down _the procedure and_rules for granting
compensation_to the affected individuals. B is one such individual belonging to the tribal
community in the State of Madhya
Pradesh who claimed that he was not adequately
compensated under the said enactment. He further alleges that the law enacted by the
Parliament in the year 2013 The Right to Fair Compensation and Transparency in Land
Acquisition; Rehabilitation and Resettlement Act (Entry 42 of List II) pays higher
compensation in Similar matters.
(i) What is the constitutional mechanism available to resolve the repugnancy between laws
3. Due to two years of weak rain in the State of Maharashtra. there is cane scarcity. Top producers
in the State of'Maharashtra anticipate cane scareity in the coming months. The State is expected
to contribute only 6.27 million tonnes. or 25°o less than the previous year to India's total
expected sugar production of 23. 5 million tonnes in this sugar season which begun in October
last year. Recently Parliament enacted the Sugar Control Act 2022 and raised the price of
sugar in the State of Maharashtra. The State of Maharashtra alleged that the law is
discriminatory in nature. It not only affects inter-state trade and commerce but it offends free
i) Explain brietly how is trade and commerce regulated under the Constitution of India?
(ii) Is there any constitutional limitation on the power of the Parliament to entrench on this
constitutional right of free trade and commerce?
Can the State of Maharashtra tile a writ petition against the Union of India for
(ii)
discrimination under the Constitution of India? (20 Marks)
lor a vote ol no conlidence by the oppositin
motion raised in the Parliament
*Recently a was
Were cngaged in iolent protestations throughout the country against the ruling party were
arested under Section 9 of the National Security Act 1980. The President of India is satisfied
that there is an actual threat of a grave emergency which may attect the security and stability
ot the country as a whole. A Proclamation of Emergency (POE) was issued by the President
of India in many parts of the territory of India and a Presidential Order suspending the right to
move the Court for the enforcemnent of Articles 14 and 22 during POE for persons arrested
the constitutional safeguards in Article 22 and it attracts the prohibition in Article 13 (2).
5. Recently the Centre was ofthe view that the continuance of the present government in the State
of Madhya Pradesh was immoral and unconstitutional atter the February 18 2022. when the
Speaker of the Legislative Assembly declared the Appropriation Bill passed in controversial
circumstances withoul allowIng a division pressed lor by the 35 Members otthe Legislative
Assembly. including the 9 rebel (Congress I.egislators. The Union Cabinet had an emergency
meeting last Saturday night presided over by the Prime Minister of India. The aD
ribed
considered several reports received from the Ciovernor of Madhya Pradesth who had desC
n o n u m
the political situation as volatile and expressed apprehensions over possible pan
during the
scheduled trial of
strength in the State Assemblv. The
operation conducted against the purported CD or tne stng
Chief Minister that was in
to have been the public domain was stood
factored into the
decision of ua
the cahinct which found it of horse
Tne union
government has
as a case
trading
imposed the President's Rule in the
State of
the Parliament was in
Madhya Pradesh wne
session
i) Establish the constitutional
validity of the Presidential Rule'?
(I1) s there
any constitutional limitation on
the exercise of the power by the President
India with o
regard the Presidential Rule?
to
(I1) Briefly explain the concept of
constitutional enhancement of power in a federal
constitution in relation to the imposition of the President's Rule and hovw does the
state
autonomy is
demolished in respect of legislative and executive
powers which are
INSTRUCTION:
a.Answer any five questions.
b.All questions carry equal marks.
C.No request for clarification regarding the questions will be entertained during the
examination.
Q.1 Discuss the impact of British rule on Indian society.
Q.2 Analyse the impact of British land revenue policy on India.
Q.3 Discuss the reforms of Lord Cornwallis in the sphere of criminal justice system in India.
Q4 Evaluate the contribution of Moderates in freedom struggle in nineteenth century.
Q.5 Analyse the contribution of Gandhi in freedom struggle.
Q.6 Discuss the contribution of revolutionaries in freedom struggle.
Q.7 Write Short notes on any two:
a. Gandhi-Irwin Pact.
b. Separate electorates.
writing
Question I the Godavari River between
Andhra Pradesh, Madhya
here is an ongoing dispúte over
water. A river
Pradesh, Chhattisgarh, Orissa and Karnataka over sharing of the Godavari
then Madras, Bombay and
of Understanding already in place between the
Memorand um was
arrangement w a s necessitated
atter states w e r e
Hyderabad States and Madhya Pradesh. A fresh free to utilise the flow in Godavari
and
linguistic basis. Accordingly each
state w a s
reorganised on a
decided to divert
certain level. Thus, Andhra Pradesh,
the downstream state,
to a
its tributaries up Polavaram to Krishna River, upstream
of Vijayawada Anicut, s o
80 tmctt of Godavari water from started as a
Maharashtra. The Inchampalli project w a s
that it could be shared with Karnataka and
Maharashtra and Andhra Pradesh. When Chhattisgarh w a s
joint v e n t u r e between Madhya Pradesh, Pradesh. Once Tlelangana c a m e into existence in
carved out, it took o v e r the project from Madhya
water and m o r e specitically the
Polavaram project became the bone of contention
2014, the Godavari the irrigation needs of the
states. While the project will take care of
between the Telugu speaking in its
Godavari districts of Andhra Pradesh, Telangana feared it
would submerge many villages
o v e r the dam's design. Disputes over
Khammnam district. Orissa too has expressed its reservations
within the domestic States of India. The different
the sharing of river water are highly c o m m o n
federal units of a State through which a river tlows, for example, may have difterences and strong
contentions with regard to the sharing ot the river water. Under the concept of co-operative
federalism, how these matters are resolved to ensure the survival of Indian federalism? Discuss. (20
marks)
Question 2
Recently Parliament enacted the Murder (Abolition of Death Penalty) Act 20o19 which had
received the assent of the President ot India. On the 19/9/2018 a trial court in Satna District of
Madhya Pradesh has convicted a school teacher under Section 376 (a) and (b) (raping a minor under
1 Vears of age) of the Indian Penal Code 186o(State amendment) and imposed a death penalty for
rapine a four-year-old girl. The Jabalpur H.gh Court had confirmed the death sentence and the
Satna District Court had sent the death warrant ot the said convict to the Central
Jail his
The execution date has been tixed for 2/4/2019. In the interim, the convict can exercise
in Jabalpur.
rights of
Deal and he had also filed a clemency
petition betore the President of India. The convict had also
le a writ petition under Article 32 ot the Constitution
Section 376 of the Indian Penal Code 180o as it is in contlict with challenging
the constitutional validity or
ere cnacted irom Entrics I and 2 of the Concurrent the recent Union law. Both law
List III of the VIITH
Constit ution. Decidewhat constitutional mechanism is
Schedule of n
he Indian federalism. (20 marks) available to resolve conflict of laws ui der
Question3 and Kashmir starting trom
imposcd
Government President's rule in Jammu
entral atter it was imposed. A
state six months
40 12/2018, as the Governor's rule expires in the the centre and subsequently, it w a s moved to
c a u o n from tlhe governor's office
w a s sent to
Questions
The Aadhaar
(Targeted Delivery of Financial and Other Subsidies, Benefits and Services)
Act
2016 No-18 of 2016
25/3/2016 is an Act which provides tor good
transparent and targeted delivery of subsidies, benefits and governance, etticient,
incurred from the
Consolidated Fund of India, to services, the expenditure for which is
nicue identity numbers to such individuals andindividuals residing in India through assigning ot
hereto. t for matters connected
introduced in the Parlaiment as a
was therewith or incidental
writ
petitíon was filed
under Article
Money Bill under Article 1o of the
Constitution. A
piece of egislation and a fraud on 226 of the Constitution where it is alleged that it is a
motu and the Central the Constitution. The Supreme Court of India colourable
that it 15 government contends that the took the
the court oMoney
a
Bill is final
under decision of the Speaker of the Lowercase suo
a,
Therelore the
Article 1o (3) of the House
Supreme Constitution and cannot be
Decide rhat principles of iaw have been Court of India has no questioned in
particular piece 1egila jon is colourable
o1 established by the Supreme Courtjurisdiction to hear the
matter.
action of the goVerliment in
or not and
whether of India to determine if a
(20 marks) miroducing it as a Money Bill violatr it has
jurisdiction? How does the
principles of iederalism: Discuss.
QuestionWrite
6 a critical analysis on the Habeas (orpus case with reference to the
and suspension of fundamental rights under the (onstitution of India. What saf powers
introduced by the Parliament to ensure that these powers are not abused by the state were
in
the future? (20 marks)
Questionnz
Write short notes on any two of the following:-
(a) Anv federal scheme involves the setting up ot dual governinents and distribution of powers.
But the success and strength of the federal polity depends upon the maximum of co
operation and co-ordination between the governments, The Constitution of India had
designed techniqucs ot Union control over the states to ensure smooth functioning of the
tederal polity. What are the relevant techniques which aim to ensure the same?
() Why is there a need for distribution of financial powers in a federal polity? Discuss how a
state is empowered to collect revenues under the Con_titution of India and what are the
outstanding principles underlying the distribution of tax and non-taz revenues under the
Constitution of India?
Prineiples of law established by the Supreme Court of the United States of America in MeCulloch
Vs.
Maryland 1819 and it constitutional significance to the Constitutional law in India. (10 marks
X2)
Roll No:
Name
NATIONALLAW INSTTTUTE UNIVERSITYBHOPAL
VTRIMESTER B. A.LIL BIHONS
EX-STUDENT EXAMINATION, OCTOBER 2018
CONSTITUTIONALLAW-II
Maximum Marks Eighty 180 Time:Three 3|bours
Instructions
Answer Five (5)huestions including Questions 1and 2
Each question camies marks statedagainst it,
Thestuadentnaay seckclaritication Tegarding the gnestions in the lirst thirty (3o) minutes ol the begininf
of the examination and no reguest in this regard will be entertained thereafter
Question 1
Recently the State of Assam enacted the food Salety and Standards Act 2017 (State Law) which bans the
use of stapler pins in tea bags. It said in an order that the use of stapler pins in tea bags poses potential hazard to
cousumers since any loose stapler pin consumed inadvertently with tea may cause a serious health hazard. The
Food Authority in Assam in exercise of the power conterred under Section (15) of the enactment
concerned food business operators to discontinue the manutacture, storage, distribution, sale andhereby
directs the
import of stapled
tea bags by
1/12/2017.lt has also directed all
food satety commissioners to take action to the use of unsaBe
packaging materials by companies and take up measures for entorcement of itsprevent order. Producers and
manutacturers of tea in Assam alleged that for centuries they had adhered to the traditional method of packng
The
tea bags with stapler pins and altemative methods of packing tea like by knotting is a
technology
and
newimpugned law as
cOstly as well. They alleged that the State of Assam had no legislative comypetency to enact the
The tea trade is regulated by the Tea Board Act 1953(Federal Law) and the regulatory introduced
Oresaid enactment is offending free ilow of trade, commerce and intercourse under themeasure
Constitution by The
of lndia. the
Tea
producers and manufacturers from the State of West Bengal who exports their tea into State ot Assam
were subjected to the random testing by the authority as well and were made to the
packed with stapler pins. pay tine ii tea bags were tound
ntry 2List
the public
]-Industries the control of which by the Union is declared by Parliament law to
interest by be expedient in
Cntry 6List I-Public health and sanitation, hospitals and
From the given factual dispensaries
proposition what doctrinal analysis would you employ to determine the
competency of the impugned act? Also
establish from the legislative
given tactual
the Constitution of India? Areproposition
it the
iree trade, commerce and intercourse under
the
impugned act ottends
in State of West Beugal subiected to the laws made bu the State of Assam?
the producers and manutacturers of tea
relevant constitutional Support your answer with the
provisions and the principles of law enunciated in landmark
judgments? (16 marks)
Question2
To curb terrorists activities in the State
Terrorism (Maharashtra) Act 2016. (List ll Entry 3)of Maharashtra,
the government enacted the
Prevention of
Maharashtra to detain a person ior a maximum Section 2 of the
enactment empowers the state govemment of
ierrorists activities. The accused was
period oi 2 years without trial it he is suspected of engaging in
detained under the Prevention of Terrorism (Maharashtra) Act 2016 in March
2016 and he has been detained since then. He
alleged that
Entn 3)(Federal Law) allows detention ot an accused personSection
O of the National
ior a
Security Act 1980 (List IlI
maximum period of l year without trial as such
the state law is inconsistent with the tederal law and the onstitution only
empowers the Parliament to enact such
a lewdetaining a persou lormore than months without the consent of the advisory board
List l Entry 3-Preventive detention ior Teasons connected with the security of a State,the maintenance
of public
order or the maintenance oi Suppiiesand services.essentialto the community, persons subjected to such detention
Fstahlish if ihe state law should prevail over the federal law in the staie of Maharashtra? Suppori your answer
with ihe 1elevant constiiutional provisions and principles ol law enunciated in landmark judgments.
(16 marks)
uestion 3
s i c d e n t of ludia is sotinliod hat a irove eNofene xistn whereby he e r urity l indi
S yexfemal axesion. The President ol lia b pro lonunticom marde n dorlorotiom t, that «lfeet.
uDseguently the lresident of udia made a declaration hu Oedeor thot te ripht to meve nny r o r the
O1ocenment of Articles 11 and 22 sholl emain bubpendod lor tl orirnl during the. PO. ihe rioteniuen yet
aested under the Delence ol ndia At 1960 and they alleged thot there wras no actual externol ofAressj on that
took place near the ludo-China border. They further alleged dhot the detoining, outhority did net comply with the
Delence of lndia Rules 2018 and the Rules violato the fundamental rifhts of the detenues under the onstitution
of India.
(a) Establish if the detemues has
POE?
a
right to move the Court for enforcement of Fundamental Kights durin
(b) Oatline briefly the coustitutional safeguards for POE that
1978?
were introduced by the Parliament in the yeor
uportyour auswer with tbe relevant constitutional provisions and principles of law enunciated in landmark
judgments. (16 marks)
Question 4
Discuss the conditions under which the federal government can impose the Presidents rule in the States
urder the Constitutiou of India. How does the Constitution of India enhances the
federal govermment when there is Presidents Rule in State? Supportlegislative
and executive
of the
a
powers
constitutional provisious and principles of law enunciated in
a
your answer with the relevant
land1mark judgments. (16 marks)
Quertion
Any federal scheme involves the setting up of dual governments and distribution of
and powers. But the
success
strength of the federal polity depends upon the maximum of co-operation and co-ordination between
the governments. The Constitution of India had
designed
smooth functioning of the federal polity. What are the techniques of Union control over the states to ensure
your answer with the relevant constitutional
relevant techniques which aim to ensure the same? Support
provisions. (16 marks)
Question
Why isthere a need for distribution of financial
powers in a lederal polity? Discuss how a state is
empowered tocollect revenues under the Constitution od
lndia and what are the
underlying the distribution of tax and non-tax
with ihe relevant revenues under outstanding principles
the Constitution of India?
constitutional (d6
provisions. marks) Support your answer
Question 7
Whot is colourable legislation and what are the
letermine hether piece od
o principles of law established in landmark judgments
gislation is colourable not? (16 marks) to
or
ROLl YO,.*******************************
Question 3
Recently the State of Assam enacted the Food Safety and Standards Act 2018 (State Law)
which bans the use of stapler pins in tea bags. It said in an order that the use of stapler pins in tea
bags poses potential hazard to consumers since any loose stapler pin consumed inadvertently with
tea
may cause a serious health hazard. The Food Authority in Assam in exercise of the power
conferred under Section (15) of the enactment hereby directs the concerned food business
to discontinue the
operators
manufacture, storage, distribution, sale and import of stapled tea bags by
1/12/2018. It has also directed all food safety commissioners to take action to prevent the use ot
unsafe packaging materials by companies and take
up measures tor enforcement of its order.
Producers and manufacturers of tea in Assam
alleged that for centuries had adhered to the
they
raditional method of packing the tea
ike
by knotting is new bags well. They further allege ea
dsure technology and co
a
ntercourse under the Constitution of India? Are the producers and manutacturers of tea in the State
oWest Bengal subjected to the laws made by the State ot Assam? l20 marks]
QuestionThe4 President of India is satisfied that a grave emergency exists whereby the security of
India is threatened by external 2ggression. The President or ,india by proclamation made a
declaration to that effect. Subsequently the President ot India made a deciaration by Order that the
right t o move any Court for the enforcement of Articles 14 and 22 shall remain suspended for the
period during the POE. The detenues were arrested under the Detence ot India Act 1960 and thev
alleged that there was no actual external aggression that took place near the Indo-China border.
They further alleged that the detaining authority did not comply with the Defence of India Rules
2018 and the Rules violate the fundamental rights of the detenues under the Constitution of India.
Establish if the detenues has a right to move the Court for entorcement ot Fundamental Rights
during POE? Outline briefly the constitutional safeguards that were introduced by the Parliament in
the year 1978? |20 marks]
Question s
The Suprene Court hearing the appeal on the Babri Masiid-Ram title dispute had on the
4/12/2017 overturned the judgment of the Allahabad High Court that declared ioint title holders of
property. Communal riots broke at Avodhya. Faizabad District in the State of Uttar Pradesh. There
was imminent danger that the internal disturbances may spread to the neighbouring states. The
President's Rule was imposed immediately in the State of Uttar Pradesh. The State Legislative
Assembly was dissolved. The Election Commission had certified to the fact that it is not possible to
have fresh elections in the near future yet. From the given factual proposition what constitutional
obligations are there on the part of the State Government to comply with the directions issued by
the Federal Government before the impositior. of the President's Rule? Briefly outline the principles
of law (safeguards) established in S. R. Bommai vs Union of lndia by the Supreme Court in the year
1o94 to prevent the alleged abuse of the President's Rule? How docs the Constitution of India
enhances the federal powers (administrative and legislative) of the government during the
President's Rule? 20 marks]J
Question 6
No system of federation can be successtul unless both the Union and the States have at their
disposal adequate financial resources to enable them to discharge their respective
under the Constitution. To achieve this object, our tramers of the Constitution has responsibilities
made elaborate
provisions mainly tollowing the lines of the Government of India Act, 1935, relating to the
distributionof financial resources ot
the country. Briefly outline the principles
distribution of tax revenues including the distribution ot underlying the
legislative
distribution proceeds taxes? Discuss how should states observe canons
of ot powers to levy taxes and
daughter Arpita.
a) Compute the share of each of the surviving members in the joint family
Q2. Explain in detail the concept of 'widow's Estate' and 'Stridhan'. How
has Hindu Succession Act, 1956 affected these two concepts? Refer to
decided cases.
Q3. Vimal took a loan of Rupees Five Lakhs from the bank to meet the
medical expenses of his terminally ill wife undergoing medical treatment in
Mumbai for lung cancer. Unfortunately, the wife died and after a few years,
Vimal also died in the year 2000 without repaying loan back to the bank.
Bank proceeded against Vimal's son Rajat for the recovery of the loan
amount. Rajat resisted the proceedings initiated by the bank on the grounds
that the liability was incurred by his deceased father and with his death, the
Coparcenary.
decided cases.
(10+10-20)
PAL
Ex Student Examination, 2019
-
daughter Arpita.
a) Compute the share of each of the surviving members in the joint family
(12 Marks)
02. Explain in detail the coneept of 'widow's Estate and 'Stridhan'. How
has Hindu Succession Act, 1956 affected these two concepts? Refer to
decided cases.