LL.B. (Hons.) / LL.B. 3-Year / 5-Year Integrated Programme
Constitutional Law - I (Indian Constitutional Law)
General Instructions
- Attempt all questions from Part A. Part A is compulsory.
- In Part B, attempt any FOUR out of FIVE questions.
- In Part C, attempt any ONE out of TWO questions.
- Marks are indicated against each question.
- Support your answers with relevant constitutional provisions, case laws, and judicial pronouncements.
- Candidates are permitted to carry bare Acts only. No commentary or guidebooks are allowed.
- Write legibly and maintain clarity of expression.
Part A - Short Answer Questions
Attempt ALL questions. Each question carries 2 marks. Answer each question in 2-3 lines. (10 x 2 = 20 Marks)
What is the constitutional status of the Preamble? Can it be used as an aid to interpretation of constitutional provisions? Refer to Kesavananda Bharati v. State of Kerala (1973) and S.R. Bommai v. Union of India (1994).[2 Marks]
Explain the doctrine of 'Severability' and 'Eclipse' under Article 13 of the Constitution. How do they operate differently with respect to pre-constitutional and post-constitutional laws?[2 Marks]
What is the scope of the term 'State' under Article 12? Can a private body performing public functions be treated as 'State'? Refer to Ajay Hasia v. Khalid Mujib (1981).[2 Marks]
Distinguish between 'Fundamental Rights' and 'Legal Rights'. Can Fundamental Rights be waived? Refer to Basheshar Nath v. Commissioner of Income Tax (1959).[2 Marks]
What is the 'Rule of Harmonious Construction'? How was it applied in Re Kerala Education Bill (1958)?[2 Marks]
Explain the concept of 'Constitutional Morality' as discussed by the Supreme Court in Navtej Singh Johar v. Union of India (2018). How does it differ from 'Social Morality'?[2 Marks]
What is the scope of the writ of 'Habeas Corpus'? Can it be issued against a private individual? Refer to Kanu Sanyal v. District Magistrate (1974).[2 Marks]
Explain the concept of 'Residuary Powers' of the Parliament under Article 248 read with Entry 97 of List I. How does the Indian position differ from the American and Australian federations?[2 Marks]
What are the conditions for the proclamation of Financial Emergency under Article 360? Has it ever been proclaimed in India? What are its consequences on Centre-State financial relations?[2 Marks]
What is the 'Anti-Defection Law' under the Tenth Schedule? How did the Supreme Court interpret the Speaker's power in Kihoto Hollohan v. Zachillhu (1992)?[2 Marks]
Part B - Essay Type Questions
Attempt any FOUR out of FIVE questions. Each question carries 10 marks. (4 x 10 = 40 Marks)
Article 21 has been described as the 'heart and soul' of the Indian Constitution. Trace the expansive interpretation of the Right to Life and Personal Liberty under Article 21 from A.K. Gopalan v. State of Madras (1950) to K.S. Puttaswamy v. Union of India (2017). Discuss how the Supreme Court has read into Article 21 the rights to privacy, livelihood, shelter, education, health, clean environment, speedy trial, and dignity. Also analyse the impact of Maneka Gandhi v. Union of India (1978) on the interpretation of 'procedure established by law'.[10 Marks]
Discuss the distribution of legislative powers between the Union and the States under Articles 245-254 and the Seventh Schedule. Explain the doctrines of 'Pith and Substance', 'Incidental or Ancillary Powers', 'Occupied Field', and 'Repugnancy' under Article 254. How does Article 253 enable Parliament to legislate on State List subjects for implementing international treaties? Discuss with reference to relevant case law.[10 Marks]
Critically examine the concept of 'Secularism' as a basic feature of the Indian Constitution. How has the Supreme Court interpreted the relationship between the State and religion under Articles 25-28? Discuss with reference to S.R. Bommai v. Union of India (1994), Indian Young Lawyers Association v. State of Kerala (Sabarimala Case) (2018), and Commissioner, Hindu Religious Endowments v. Sri Lakshmindra Thirtha Swamiar (Shirur Mutt Case) (1954). Does the 'Essential Religious Practices' test unduly interfere with the freedom of religion?[10 Marks]
Examine the constitutional position of the Governor under Articles 153-167 of the Constitution. Discuss the discretionary powers of the Governor, particularly with reference to: (a) Appointment of Chief Minister when no party has a clear majority, (b) Dismissal of a ministry and dissolution of the Legislative Assembly, (c) Reservation of Bills for Presidential assent under Article 200, and (d) The role of the Governor in recommending President's Rule under Article 356. Refer to S.R. Bommai v. Union of India (1994), Rameshwar Prasad v. Union of India (2006), and Nabam Rebia v. Deputy Speaker (2016).[10 Marks]
Discuss the power of the Supreme Court under Article 32 and of the High Courts under Article 226 to issue writs. How do the five types of writs -- Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto -- serve as constitutional remedies against the violation of Fundamental Rights? Compare the scope of Articles 32 and 226. Can Article 32 be invoked for the enforcement of legal rights that are not Fundamental Rights? Discuss with reference to Romesh Thappar v. State of Madras (1950), Fertilizer Corporation Kamgar Union v. Union of India (1981), and L. Chandra Kumar v. Union of India (1997).[10 Marks]
Part C - Problem / Case Study Type Questions
Attempt any ONE out of TWO questions. Each question carries 30 marks. (1 x 30 = 30 Marks)
The Government of India, acting under concerns of national security and public order, issues the following executive and legislative measures:[30 Marks]
(a) An executive order directing all Internet Service Providers to impose a complete internet shutdown in the entire Union Territory of 'Y' for an indefinite period, citing potential threats to public order following widespread civil unrest. No reasons are communicated to the public, and no mechanism for periodic review is provided. Examine the validity of this order under Articles 19(1)(a), 19(1)(g), and 21 of the Constitution, with reference to Anuradha Bhasin v. Union of India (2020).[8 Marks]
(b) The Parliament enacts the 'Prevention of Unlawful Online Activities Act, 2023' which, inter alia, provides that any person who publishes content on social media that is 'likely to cause disaffection against the Government' shall be punished with imprisonment up to five years. The Act does not define 'disaffection' and grants the District Magistrate the power to order pre-publication censorship of online content without prior judicial oversight. Examine the constitutional validity of this provision in light of Articles 19(1)(a) and 19(2), and discuss with reference to Shreya Singhal v. Union of India (2015) and the chilling effect doctrine.[8 Marks]
(c) A habeas corpus petition is filed by the spouse of a journalist who has been detained under the National Security Act, 1980 for publishing reports critical of the Government's handling of the crisis. The detention order merely states 'prejudicial to the security of the State' without specifying the grounds of detention. Advise the petitioner on the scope of Articles 21 and 22(5) and the requirements of procedural safeguards in preventive detention, with reference to A.K. Roy v. Union of India (1982) and Icchu Devi Choraria v. Union of India (1980).[6 Marks]
(d) Critically evaluate all three measures together from the standpoint of the proportionality doctrine as a standard of judicial review. Discuss how the four-pronged proportionality test laid down in Modern Dental College v. State of M.P. (2016) and K.S. Puttaswamy v. Union of India (2017) applies to determine whether the restrictions imposed are the least restrictive means of achieving a legitimate state aim.[8 Marks]
The State of 'Z' faces a constitutional crisis involving multiple issues of Centre-State relations and federalism. Consider the following fact pattern and advise on each issue:[30 Marks]
(a) The State Legislature of 'Z' enacts a law imposing a tax on goods entering the State from other States, claiming it falls under Entry 52 of List II (Taxes on the entry of goods into a local area). The Union Government contends that after the introduction of GST through the 101st Amendment, the State has no residual power to levy such taxes. Discuss the constitutional validity of the State's action in light of Articles 246, 246A, 269A, 301-304, and the decision in Jindal Stainless Ltd. v. State of Haryana (2017). Has the GST regime fundamentally altered the fiscal federal structure of the Constitution?[10 Marks]
(b) The Governor of State 'Z' refuses to give assent to a Bill passed by the State Legislature relating to land reforms, and reserves it for Presidential consideration under Article 200. The Bill has been pending Presidential assent for over two years. The State Government argues that the indefinite withholding of assent amounts to a 'pocket veto' and is unconstitutional. Examine the constitutional position regarding the Governor's power to reserve Bills and the President's power to withhold assent. Discuss with reference to the recommendations of the Sarkaria Commission and the Punchhi Commission, and the decision in Purushothaman Nambudiri v. State of Kerala (1962).[10 Marks]
(c) Following a political crisis in State 'Z' where 15 MLAs of the ruling party defect to the opposition, the Governor recommends the imposition of President's Rule under Article 356 without allowing the Chief Minister to prove his majority on the floor of the House. The Central Government issues a proclamation under Article 356. The deposed Chief Minister challenges the proclamation. Discuss the constitutional validity of the Governor's recommendation and the Presidential proclamation in light of S.R. Bommai v. Union of India (1994), State of Rajasthan v. Union of India (1977), and the scope of judicial review of the President's satisfaction under Article 356.[10 Marks]