JECRC University, Jaipur 2.

With the help of below case citation write the name of the parties related
to Freedom of Trade and Commerce: (CO1/D3/BTL04)
Assignment -I
a. 2022 SCC OnLine SC 63
Paper:Constitutional Law-II [BAL028A,
BBAL028A,BSCL028A ,BCOML028A ]
3. With the help of below case citation write the name of the parties related
Release Date: 29.03.2023 Last Date of Acceptance :5.04.2023 to Freedom of Trade and Commerce: (CO1/D3/BTL04)

Instructions: a. 2019 SCC OnLine SC 298

1. In order to search the case law only use sources like SCC software ,
Manupatra and AIR available in your Library. 4. With the help of below case citation write the name of the parties related
2. Illustrate your answer with suitable examples and case laws, to Freedom of Trade and Commerce: (CO1/D3/BTL04)
wherever necessary.
a. 2023 SCC OnLine SC 46
3. Write relevant question numbers before writing the answer.
Co1: able to understand the power of Government to have trade and 5. Find the citation and make a note on below case law: (CO1/D3/BTL03)
business and to proclaim emergency
Co2:be familiarize the form of government whether it is a. PV Narasimha Rao v. State of Andra Pradesh
Parliamentary or Presidential
Co3:be able to explore relations between Centre and State such as 6. Make a note on below case: (CO1/D3/BTL04)
Legislative, Administrative and Financial and effect of emergency on
Centre-State relations a. Vishwanath Chaturvedi (3) V. Union of India (2007) 4 SCC 380.
Co4:be able to examine the hierarchy of Courts in India, Principle of
Judicial Review and Principles of Judicial Independence. 7. How Article 355 imposes two fold duties on Centre?(CO1/D1/BTL01)

Part-A 8. On what grounds financial Emergency can be

invoked?(CO1/D1/BTL01)
Answer the following questions (10*1=10marks)
9. Explain the procedure for proclamation of National Emergency ?
1. With the help of below case citation write the name of the parties related (CO1/D2/BTL01)
to Freedom of Trade and Commerce and prepare a case brief:
(CO1/D3/BTL04) 10. The word Armed Rebellion was inserted through which Constitutional
Amendment?(CO1/D1/BTL01)
a. 2016 SCC OnLine SC 1260
 2. Suppose in general election for Lok Sabha ,party with the name
Part B
Answer the following questions in not more than three lines (4*2=8
marks)
1. What were the observations of Sarkaria Commission related to
State Emergencies in India ?(CO1/D2/BTL02)
2. What are the consequences of invoking Article 356
(CO1/D1/BTL01)
3. With the help of SCC software find the citation of below case law
related to emergency and prepare a brief note: Rameshwar Prasad
v UOI (CO1/D2/BTL04)
4. Differentiate between Article 358 and 359 of Indian Constitution?
(CO1/D1/BTL01)
Part C
“Hand” is badly routed in several states by the Party named “Lily
and formed the government accordingly at the Centre. In few of the
states , Hand party were still functioning as some more time was
available for its full term completion. Meanwhile the Central Home
Minister wrote a letter to each of the Chief Minister of these States
suggesting that he should seek dissolution of the State Legislature
from the Governor and obtain fresh mandate from Electorate.
On the basis of above facts critically analysis whether the directive of
centre is unconstitutional or not? Whether the directive mentioned in
letter can be a ground to declare State Emergency under Article 356.
(CO1/D4/BTL04)

Answer the following questions (6*2=12marks)

1. In the light of Article 301,make notes on the case law of Jindal
Stainless Steel Ltd.v State of Haryana AIR 2006 SC 2550.(CO1,
D3, B3)
2. Difference between National, Financial and State Emergency?
(CO1/D1/BTL01)

Part D

Answer the following questions (10*2=20marks)

1. The blatant misuse of Article 356 was discussed in detail in the case
of S.R Bommai v Union of India? Prepare a detail note on its facts,
misuse and final judgment of the Court.
Also , mention few of the incidences post SR Bommai Case wherein
the invocation of Article 356 become difficult. Cite the incidence
with the help of suitable case laws.(CO1/D3/BTL03)