Total numbe T2 pages-8

2 SEM LLB (N) CLI II 1

2019

(June)

LAW

Paper 21

(Constitutional Law of India-I)

(New Course) Full Marks : 80

Time Three hours

The figures in the margin indicat full marks for the questions.

Choose the correct answers: 1. 1x10=10

Which of the following statements is (a) true about the procedure for impeachment of the President?

It may be preferred by either Houses of Parliament.

(ii) The motion must have the support of not less than 1/4th of the total members of the House.

Contd.

he Moinmust be passed by a

maFky &ot

less than 2/3rd of

the tOta mepbership of the House.

tFeurteen ays notice of the

AtERtiGR tmove motion should

Have beeA gven. Eheese thE ight one:

Ehe event et esCurrence of vacancies

he etee.aiboth, the.President and CreScenttetndia, who among the 0nOn8Shalt. discharge the function

Qf the Presicent anew. President is

ected

akEr ef e Lok Sabha

Fi keader or themajority party in the

ChiserJASÁRG Of India PH inr HRI Fovernor.

2,S LBM L /p 2

(c) Article 168 of tne Constitution of India states that the Supreme Court shall be

a court of record and shall have all the powers of such as including the power to punish for contempt of itself. Here

"contempt of itself" means

() The contempt of Supreme Court

only.

ii) It includes Supreme Court and all

subordinate courts.

üi) It includes Supreme Court and

High Court.

fiv) None of the above.

(d) Which one of the following authorities

is competent to seek advisory opinion of Supreme Court of India?

) The Parliament of India

(i) The Governor of a State

The Prime Minister of India

iv) The President of India

(e) The laws made by Parliament,

are valid, even if they have extra

territorial operation.

2 SEM LLB (N) CLI II 1/D 3 Contd.

are invalia,

if they have extra

territorial operation.

(ii) having extra

territorial operation

is valid if the subject is covered

by union list.

(iv) having extra

territorial operation

is valid, if the subject is covered

by concurrent list.

Who among the following can

establish

additional courts

for better

administration of any existing law with

respect to a matter given in union list ?

(9 Chief Justice of India

(ii) High Court of the concerned state

(il) i) Parliament

fiv) Concerned

State Legislature.

In case of breakdown of constitutional

(g machinery in a state, who assumes the

function of the Government of the state.

President of India

(i) Council of Ministers

(i) Governor of concerned State

iv) Prime Minister of India.

2 SEM LLB (N) CLI II 1/D 4

(h) In which of tie

and fair election is 1ecognised as basic

structure of Indian Constitution.

ng cases "frce

Indira Gandhi vs. Raj Narain

(i) Minerva Mills vs. Union of India

(üi) Jagjeevan Babu vs. Indira Gandhi

fiv) None of the above.

Which of the following is correct?

Part XI of the Constitution deals with the trade, commerce and intercourse within the territory of

India.

(i) Article 301 will not be violated if restrictions are imposed at any prior stage than the frontier of the state.

i) Article 301 to 307 in part XIII of the Constitution deal with public acts, records and judicial

proceedings.

iv) A bill for imposing reasonable restrictions on the freedom of trade

be introduced in the state can

legislature only with the previous sanction of the President.

2 SEM LLB (N) CLI II 1/D 5 Contd.

0 The doctrinc of Pleasure has been

incorporated in the Constitution of

India from the Constitution of

has been

UK

(i) USA

(itil) China

(iv) Canada.

2. Answer the following questions briefly: 2x5-10

a) What do you mean by the principle of (a) collective responsibility' ?

(b) On what matters the Supreme Court

of India can exercise its original jurisdiction ?

(c) What is 'doctrine of Pith and

substance'?

a) Write the "rule of special majority" for amendment of Indian Constitution.

(e) Define Inter States and Intra States (e) Trade and Commerce.

What is the anti-defection law? What are 3. the grounds for disqualification under the anti-defection law? Is there any exception? Is disqualification under anti-defection law judicially reviewable? 2+3+2+2+3=12

2 SEM LLB (N) CLI II 1/D 6

Or

Write the composition of Central Executive. Discuss the control that President can cxercise on the Executive by virtue of his/

her discretionary powers. 4+8-12

Examine whether Article 246 is the cornerstone of Centre State Legislative relations. Write the circumstances under

the which the centre can enact laws on

subjects mentioned in the State list

6+6 12

Or

Write short notes on the following 4x3 12

Doctrine of Territorial Nexus

Doctrine of Colourable Legislation

ii) Doctrine of Repugnancy

Critically analyse the process of sêlection of

the Supreme Court Judges in India. Suggest

measures to prevent the Executive's.

unnecessary intervention into the Judiciary. 8+4-12

Or

Discuss the jurisdiction and powers of High

Courts as mentioned in the Constitution of

India.

Contd.

M LLB (N) CLI II 1/

What is basic structure? Discuss t evolution of this concept in Indian Constitutional Jurisprudence. 4+8 12

Or

What do you mean by breakdown of the

constitutional machinery ? Discuss relevant constitutional provisions.

7. What is meant by doctrine of Pleasure ? Who holds office during pleasure of the President? Discuss the restrictions on the Doctrine of Pleasure. 3+3+6-12

Or

Discuss the constitutional provisions regarding the freedom of trade, commerce and intercourse in India by citing case laws

800 2 SEM LLB (N} CLI II 1/D 8