Scanner CS Executive Programme Paper 1

11
Q-1.1 1 Constitution of India This Chapter Includes : Broad Framework of the Constitution of India : Fundamental rights, directive principles of State policy; ordinance making powers of the President and the Governors; Legislative powers of the Union and the States; Freedom of trade, commerce and intercourse; Constitutional provisions relating to State, monopoly; judiciary; Writ jurisdiction of High Courts and the Supreme Court; different type of writs-habeas corpus, mandamus, prohibition, quo warranto and certiorari; delegated legislation. Marks of Short Notes, Distinguish Between, Descriptive & Practical Questions CS Executive Programme (Module I) DESCRIPTIVE QUESTIONS 2008 - Dec [1] {C} (a) “Article 14 of the Constitution of India forbids class legislation, but does not forbid classification.” Explain the rules with respect to permissible classification as evolved by the Supreme Court of India. (8 marks) (b) What is writ of habeas corpus ? When can it be issued? (4 marks) Hint:- (a) Applicable Article — 14; Case Laws — State of West Bengal V. Anwar Ali

Transcript of Scanner CS Executive Programme Paper 1

Page 1: Scanner CS Executive Programme Paper 1

Q-1.1

1 Constitution of IndiaThis Chapter Includes : Broad Framework of the Constitution of India : Fundamentalrights, directive principles of State policy; ordinance making powers of the President and theGovernors; Legislative powers of the Union and the States; Freedom of trade, commerce andintercourse; Constitutional provisions relating to State, monopoly; judiciary; Writjurisdiction of High Courts and the Supreme Court; different type of writs-habeas corpus,mandamus, prohibition, quo warranto and certiorari; delegated legislation.

Marks of Short Notes, Distinguish Between, Descriptive & Practical Questions

CS Executive Programme (Module I)

DESCRIPTIVE QUESTIONS

2008 - Dec [1] {C} (a) “Article 14 of the Constitution of India forbids class legislation, but doesnot forbid classification.” Explain the rules with respect to permissible classification as evolvedby the Supreme Court of India. (8 marks)(b) What is writ of habeas corpus ? When can it be issued? (4 marks)

Hint:- (a) Applicable Article — 14; Case Laws — State of West Bengal V. Anwar Ali

Page 2: Scanner CS Executive Programme Paper 1

Q-1.2 SCANNER CS Executive Programme (Module I) Paper - 1

Sarkar, AIR 1952 SC 75. , Ram Kishan Dalmiya V. Justice Tendulkar, AIR 1958 SC 538.,R.K. Garg V. Union of India, AIR 1981 SC 2138., Meneka Gandhi V. Union of India, AIR1978 SC 597., Ramana Dayaram Shetty V. International Airport Authority, AIR 1979 SC1628., Kasturi Lal V. State of J&K, AIR 1980 SC 1992. , Ajay Hasia V.Kalid Mujib, AIR1981 SC 487., Secy., State of Karnataka V. Umadevi ,(2006) 4 SCC 1. (b) ApplicableArticles — 32 and 226.

2009 - June [1] {C} (a) ''A declaration of fundamental rights is meaningless unless there is aneffective judicial remedy for their enforcement.” Comment on this statement explaining thejudicial remedies which the Constitution of India provides. (8 marks)(b) When and under what circumstances can the Parliament legislate on matters enumerated inthe State List? Discuss. (6 marks)

Hint:- (a) Applicable Article — 32; Case Laws; State of Madras v. V.G Row, A.I.R 1952SC 196; Daryao v. State of UP., AIR 1961 SC 1457 (b) Applicable Articles — 249, 250,252, 253, 356 and 357.

2009 - Dec [1] {C} (a) “The right of freedom of speech and expression under Article 19(1) (a)of the Constitution of India is not an absolute right but subject to reasonable restrictions.”Discuss. (8 marks)(b) What do you mean by double jeopardy ? (4 marks)(c) What do you mean by doctrine of waiver of rights under the Constitution of India?

(4 marks)(d) Discuss in brief the rule of colourable legislation. (4 marks)

Hint:- (a) Applicable Article — 19(1); Case Laws — Meneka Gandhi V. Union of IndiaAIR 1978 S.C. 597; Romesh Thapar V. State of Punjab, A.I.R. 1950 S.C. 124; and CricketAssociation of Bengal V. Ministry of Information and Broad Casting (Govt. of India), AIR1995 S.C. 1236. (b) Applicable Article — 20(2) (c) Applicable Case Law — Basheshar NathV.I.T. Commissioner, A.I.R. 1959 S.C. 149. (d) Applicable Case Law — Kameshwar SinghV. State of Bihar, A.I.R. 1952 S.C. 252.

2010 - June [1] {C} (a) “Constitution of India is basically federal with strong unitary features.”Discuss. (8 marks)(b) Explain the writ jurisdictions of the Supreme Court and High Courts as provided in theConstitution of India. (6 marks)

Hint:- (b) Applicable Articles — 32 and 226; Case Law — Common Cause V Union ofIndia A.I.R. 1999 SC 2979.2010 - Dec [1] {C} (a) Article 32 of the Constitution of India empowers the Supreme Court toenforce the fundamental rights guaranteed under Part III of the Constitution of India. Explainwith the help of decided case law how the provisions of Article 32 of the Constitution of India,have helped in the enforcement of fundamental rights. (8 marks)(b) Discuss the ordinance making powers of the President of India and of the Governor of a Stateas provided in the Constitution of India. (6 marks)

PRACTICAL QUESTIONS

Page 3: Scanner CS Executive Programme Paper 1

[Chapter # 1] Constitution of India Q-1.3

2009 - June [7] (b) In a case, Hamid was terminated from the police service. Hamid filed a writpetition against termination order on the ground that a reasonable opportunity of being heard wasnot given to him by the government. The writ petition was dismissed by the court as thegovernment proved that reasonable opportunity of being heard had been given to the petitioner.Afterwards, Hamid filed another writ petition on the ground that as he was appointed by theDirector General of Police, termination by the order of Deputy Inspector General of Police wasin violation of Article 311 (1) of the Constitution of India. Decide the validity of the second writpetition. (5 marks)

Hint:- Applicable Section —11 of C.P.C. Case Law:- State of U.P v. Nawab Hussain, AIR1977 S.C. 1680.Ans: No. Space to write important points for revision

2009 - Dec [6] (b) Government of Madhya Pradesh passed a law prohibiting the manufacture ofbidis in the villages during the agricultural season. No person residing in the village couldemploy any other person nor engage himself in the manufacture of bidis during the agriculturalseason. The objective of the provision was to ensure adequate supply of labour for agriculturalpurposes. A bidi manufacturer could not even engage labour from outside the State, and so, hadto suspend manufacture of bidis during the agricultural season. Even villagers incapable ofengaging in agriculture, like old persons, women and children, etc., who supplemented theirincome by engaging themselves in manufacturing bidis were prohibited without any reason.Decide whether law passed by Government of Madhya Pradesh is constitutionally valid.

(5 marks)Hint:- Applicable Article — 19(1)(g); Case Law — Chintamana Rao V. State of M.P.,A.I.R. 1951 S.C. 118.

CS Inter Gr. I

SHORT NOTES

2003 - Dec [2] Write notes on the following:(v) Doctrine of pith and substance. (4 marks)

Hint:- Applicable Case Law — Prafulla Kumar Vs. Bank of Khulna AIR 1947 PC 60.

2006 - Dec [1] {C} (b) Write a note on ‘preventive detention’. (6 marks)Hint:- Applicable Article — Clause 1 to 7 of Article 22; Case Laws — Gopalan vs. Stateof Madras, 1950 SCR 88.

Page 4: Scanner CS Executive Programme Paper 1

Q-1.4 SCANNER CS Executive Programme (Module I) Paper - 1

DISTINGUISH BETWEEN

2006 - June [1] {C} (b) Differentiate between the ‘powers of the Supreme Court under Article32' and powers of High Courts under Article 226' of the Constitution of India. (6 marks)

Hint:- Applicable Case Law — Common Cause v. Union of India, A.I.R. 1999 SC 2979.

DESCRIPTIVE QUESTIONS

1998 - Dec [1] {C} (a) Examine the writ jurisdiction of the Supreme Court and the High Courts.(12 marks)

(b) Explain the 'doctrine of severability'. (8 marks)Hint:- (a) Applicable Articles — 32, 226; Case Laws — State of Mysore Vs.Chandrasekhara; Province of Bombay Vs. Khushaldas S. Advani; University of MadrasVs. Govinda Rao; (b) Applicable Article — 13; Case Law — A.K. Gopalan Vs. State ofMadras.

1999 - June [1] {C} (a) "Article 14 of the Constitution of India forbids class legislation but doesnot forbid classification". Discuss. (12 marks)(b) "Imposition of President's Rule in the States under Article 356 of the Constitution is acontroversial matter". Analyse the constitutional position. (8 marks)

Hint:- (a) Applicable Case Laws — State of Bombay Vs. P.N. Balsara, Chiranjit LalChoudhry Vs. Union of India, Ram Kishan Dalmiya Vs. Justice Tendulkar; (b) ApplicableSection — 356; Case Laws — S.R. Bommai Vs. Union of India, Sunder Lal Patwa Vs.Union of India.

1999 - Dec [1] {C} (a) Explain the expression 'procedure established by law' in Article 21 of theConstitution of India. Refer to case law. (12 marks)(b) Critically examine the provisions of the Constitution of India relating to the freedom of trade,commerce and intercourse. (8 marks)

Hint:- (a) Applicable Case Laws — A.K. Gopalan Vs. State of Madras; Kharak Singh Vs.State of U.P.; Maneka Gandhi Vs. Union of India, Bachan Singh Vs. State of Punjab; (b)Applicable Articles — 19(1)(g), 301, 302 and 303; Case Laws — State of Bombay Vs.RMDC, Atiabari Tea Vs. state of Assam, Punjab Traders Vs. State of Punjab.

2000 - June [1] {C} (a) How far is it correct to state that the Indian Constitution is federal incharacter but with unitary features? (12 marks)(b) Examine the amendability of the fundamental rights. (8 marks)

Hint:- (a) Applicable Case Law — Keshvananda Bharati Vs. State of Kerala (AIR 1973SC 1461); (b) Applicable Case Laws — Sajjan Singh Vs. State of Rajasthan AIR 1965 SC

Page 5: Scanner CS Executive Programme Paper 1

[Chapter # 1] Constitution of India Q-1.5

845, Shankari Prasad Vs. U.O.I. (AIR 1951 SC 458), I.C. Golaknath Vs. State of Punjab,AIR 1967 SC 1643, Keshvananda Bharti Vs. State of Kerala, AIR 1973 SC 1461, MinervaMills Ltd. Vs. Union of India (1980) 3 SCC, 625, Waman Rao Vs. Union of India (1981) 2SCC 382; Indira Gandhi Vs. Raj Narain AIR 1975 SC 2299; Articles — 13(2), 13(4) & 368.

2000 - Dec [1] {C} (a) How far can a law enacted to implement the directive principles of Statepolicy claim immunity from fundamental rights? Refer in this context to judicial decisions andconstitutional amendments. (12 marks)(b) Explain the scope of the right to protection of life and personal liberty as guaranteed inArticle 21 of the Constitution of India. (8 marks)

Hint:- (a) Applicable Articles — 14, 19 or 31, 31C and 37 to 51; Case Laws — State ofMadras Vs. Champakam Dorairajan; State of Bihar Vs. Kameshwar Singh; Re KeralaEducation Bill; Keshavananda Vs. State of Kerala; Unni Krishnan Vs. State of A.P.; BijayCotton Mills Vs. State of Ajmer; Minerva Mills Vs. Union of India; Sanjeev Coke Mfg. Co.Vs. Bharat Coking Coal Ltd.; State of Tamil Nadu Vs. L. Abu Kavur Bai; (b) Applicable Articles — 19(1) & 21; Case Laws — Menka Gandhi Vs. Union of India;Munn Vs. Illinois; A.K. Gopalan Vs. State of Madras; Kharak Singh Vs. State of U.P.; SunilBatra Vs. Delhi Administration; Hussain Ara Khaton Vs. Home Secretary, Bihar; FrancisCoralie Vs. U.T. of Delhi; S. Bhowmic's Case; Asiad Project Case; Rudal Shah Vs. Stateof Bihar; P. Katara Vs. Union of India; Unnikrishnan Vs. State of A.P.; Subhash Vs. Stateof Bihar; Shanti Star Builders Vs. N.K. Totatre; R.P. Ltd. Vs. Indian Express Newspapers.

2001 - June [1] {C} (a) To what extent can the State restrict the fundamental right of a citizento practice any profession? (12 marks)(b) Describe the power of the President of India to promulgate ordinances. (8 marks)

Hint:- (a) Applicable Case Laws — Oudh Sugar Mills Vs. Union of India, AIR 1970 SC1070, Chintaman Rao Vs. State of M.P. (AIR 1951 SC 118), Hari Shankar Vs. State ofM.P.(1966) SCR 380, Ajit Singh Vs. State of Punjab, AIR 1967 SC 856, Article—19(1)(g)& 19(6); (b) Applicable Case Law — Cooper Vs. Union of India, AIR 1970 SC 564; Article— 123.

2001 - Dec [1] {C} (a) Discuss the principles of 'equality before the law' and 'equal protectionof the laws' under the Constitution of India. (12 marks)(b) Discuss the power of the Governor to promulgate ordinances during recess of legislature.

(8 marks)Hint:- (a) Applicable Article — 14; Case Laws — State of U.P. Vs. Deoman, State ofRajasthan Vs. Vidyawati, Kasturi Lal Vs. State of U.P., State of W.B. Vs. Anwar Ali Sarkar,Chiranjit Lal Chowdhary Vs. Union of India; (b) Applicable Article — 213.

2002 - June [1] {C} (a) "India is a secular State." Explain the provisions of the Constitution ofIndia in this regard. Discuss the right to freedom to profess and propagate a religion andlimitations thereto. (12 marks)(b) What is writ of habeas corpus? Which courts can issue this writ? Against whom can it beissued? When can it be issued? (8 marks)

Hint:- (a) Applicable Articles — 25 to 28; Case Law — Justice Mukherjee in CommissionerHRE Vs. L.T. Swamiar AIR 1954 SC 282; (b) Applicable Articles — 32 and 226.

Page 6: Scanner CS Executive Programme Paper 1

Q-1.6 SCANNER CS Executive Programme (Module I) Paper - 1

2002 - Dec [1] {C} (a) Define the concept of the 'State' with respect to fundamental rightsenshrined in the Constitution of India. (5 marks)(b) "Detention of a person without trial being draconian in nature," state the basic safeguardsprovided by the Constitution of India against any law providing for preventive detention.

(5 marks)(c) Akshay was denied public employment on the ground of his place of birth. Discuss theremedy available to Akshay under the provisions of the Constitution of India. (5 marks)(d) Enumerate fundamental duties imposed on citizens of India under the Constitution.

(5 marks)Hint:- (a) Applicable Articles — 12, 13(1)(2), 32, 32(2); Case Laws — Som Prakash Vs.Union of India, AIR 1981 SC 212, Ramana Vs. International Airport Authority of India, AIR1979 SC 1628, A.R. Antulay Vs. R. S. Nayak, (1988) 2 SCC 602, Premji Bhai Vs. DelhiDevelopment Authority AIR 1980 SC 738, State of Punjab Vs. Raja Ram (1981) 2 SCC 66;(b) Applicable Articles — 22, 22(4)(5)(6)(7); Case Law — Gopalan Vs. State of Madras1950 SCR 88; (c) Applicable Articles — 16, 16(1)(2)(3), 32 and 226; (d) Applicable Article— 51A.

2003 - June [1] {C} (a) Discuss with reference to case law the right to protection of life andpersonal liberty as guaranteed by the Constitution of India. (8 marks)(b) Explain the doctrine of eclipse. (6 marks)(c) Explain the powers of the Parliament to make laws on the State list. (6 marks)

Hint:- (a) Applicable Articles — 14, 19 and 21; Case Laws — Menaka Gandhi Vs. Unionof India, AIR 1978 SC 597, A.K. Gopalan Vs. State of Madras, AIR, 1950 SC 27, KharakSingh Vs. State of U.P. AIR 1983 SC 1295, Satwant Singh Sawhney Vs. Assistant PassportOfficer, New Delhi, AIR 1997 SC 1996, Sunil Batra Vs. Delhi Administration, HussainaraKhatoon Vs. Home Secretary Bihar, Francis Coralie Vs. U.T. of Delhi, Unnikrishnan Vs.State of A.P.; Subhash Vs. State of Bihar; (b)Applicable Articles — 13, 13(1), 19(1)(g);Case Laws — Bhikaji Narain Dhakras Vs. State of M.P., AIR 1955 SC 781. (c) ApplicableArticles — 249, 250, 252, 253, 354 and 356.

2003 - Dec [1] {C} Discuss the following under the Constitution of India:(i) Fundamental duties.

(ii) Safeguards in a law providing for preventive detention.(iii) Writ of habeas corpus.(iv) Ordinance making powers of the President of India. (5 marks each)

Hint:- (i) Applicable Article — 51A; (ii) Applicable Articles — 22, 22(4) to 22(7); CaseLaw — Gopalan Vs. State of Madras AIR 1950 SCR 88; (iii) Applicable Articles — 32 and226; (iv) Applicable Article — 123.

2004 - June [1] {C} (a) "The Constitution of India is federal in nature with a strong centralisingtendency". Discuss. (8 marks)(b) "No person shall be deprived of his life or personal liberty except according to procedureestablished by law." Discuss. (6 marks)(c) Explain the 'doctrine of severability'. (6 marks)

Page 7: Scanner CS Executive Programme Paper 1

[Chapter # 1] Constitution of India Q-1.7

Hint:- (b) Applicable Articles — 14, 19, 21, 20 to 22; Case Laws — Menka Gandhi v.Union of India, AIR 1978 SC 597, AK Gopalan v. State of Madras, AIR 1950 SC, KharakSingh v. State of U.P., AIR 1983 SC 1295, Satwant Singh Sawhney v. Assistant PassportOfficer, New Delhi, AIR 1997 SC 1996, Bank Nationalisation case (1970) 1 SCC 248.

2004 - Dec [1] {C} (a) Discuss the legislative powers of the Parliament and State Assemblieswith respect to different subjects of legislation as provided under the Constitution of India.

(8 marks)(b) Discuss the position of fundamental rights vis-a-vis directive principles of State policy.

(6 marks)(c) What is 'delegated legislation'? What are the limits under which powers of delegatedlegislation may be exercised? (6 marks)

Hint:- (b) Applicable Case Laws — Maneka Gandhi Vs. Union of India, State of MadrasVs. Champakam Dorairajan, Tamil Nadu Vs. Lak Bair; (c) Applicable Law — Ajoy KumarBanerjee Vs. Union of India.

2005 - June [1] {C} (a) Explain the writ of mandamus as an extra-ordinary constitutionalremedy. (8 marks)(b) Discuss the powers of the Governor relating to issuance of ordinances. (6 marks)(c) Mention the provisions relating to freedom of trade, commerce and intercourse in the

Constitution of India. (6 marks)Hint:- (a) Applicable Articles — 32, 226; (b) Applicable Articles — 154, 213; (c)Applicable Articles — 301 of the Constitution, 302, 303 and 304; Case Law — Atiabari TeaCo. Ltd. v. State of Orissa, AIR 1951 S. 232.

2005 - Dec [1] {C} (a) "None of the fundamental rights to freedom is absolute." Comment andexplain the reasonable restrictions which can be imposed on the freedom of speech andexpression. (8 marks)(b) On what grounds and against whom can the writ of certiorari be issued? (6 marks)(c) Discuss in brief the rule of colourable legislation. (6 marks)

Hint:- Applicable Case Laws — Meneka Gandhi vs Union of India; Cricket Association ofBengal vs Ministry of Information & Broadcasting (Govt of India).

2006 - June [1] {C} (a) “Article 14 of the Constitution of India forbids class legislation, but doesnot forbid classification.” Discuss. (10 marks)(c) When can a writ of quo warranto be issued ? (4 marks)

Hint:- (a) Applicable Case Laws — State of West Bengal v. Anwar Ali Sarkar, AIR 1952SC 75; Ram Kishan Dalmiya v. Justice Tendulkar AIR 1958.

2006 - Dec [1] {C} (a) Preferential treatment to certain persons belonging to backward classesin the form of reservation in education and jobs as provided in Articles 15(4) and 16(4) of theConstitution of India is a mean of ensuring the canon of equality enshrined in the preamble ofthe Constitution of India. Evaluate the statement. (8 marks)

Page 8: Scanner CS Executive Programme Paper 1

Q-1.8 SCANNER CS Executive Programme (Module I) Paper - 1

(c) What are the fundamental duties imposed on the citizens of India? (6 marks)Hint:- (a) Applicable Articles — Clause 4 of Article 15, Article 16(1); Case Laws — TrilokiNath vs. State of J & K AIR 1967 SC 1283, Indira Sawhney vs. Union of India, 1992 Supp(3) SCC 217, State of Madras v. Champakam Dorairajayn AIR 1952 SC 226, M.R. Balajivs. State of Mysore, AIR 1963 SC 649. (c) Applicable Article — 51A (Fundamental duties).

2007 - June [1] {C} (a) “The Constitution of India is basically federal with certain unitaryfeatures”. Discuss. (8 marks)(b) Discuss briefly whether the law made by the Parliament with respect to a subject includedin the State List and made applicable to the State is valid. (6 marks)

Hint:- (b) Applicable Articles — 249,250,252, 253, 354 and 356.2007 - June [5] (a) Discuss the relationship between ‘Fundamental Rights’ and ‘DirectivePrinciples of the State Policy’. (6 marks)

Hint:- Applicable Article — 14 to 18, 19 to 22, 23 and 24 , 25 to 28, 29 and 30, 32 , 36 to51 , Case Law ! Maneka Gandhi V. Union of India.

2007 - Dec [1] {C} Comment on the following : (i) The preamble to the Constitution of India sets out the aims and aspirations of the people of

India. (4 marks)2007 - Dec [2] (a) “Article 21 of the Constitution of India confers on every person thefundamental right to life and personal liberty.” Explain it with the help of decided cases.

(10 marks)Hint:- Applicable Article ) 21: Case Laws ) Menaka Gandhi V. Union of India, AIR1978 SC 597, A. K. Gopalan V. State of Madras, AIR 1950 SC 27, Satwant Singh SawhneyV. Assistant Passport Officer , New Delhi, AIR 1997 SC 1996, Kharak Singh V. State ofU.P: AIR 1983 SC 1295, Bank Nationalisation case (1970) 1 SCC 248.

2007 - Dec [2] (b) Discuss the writ of habeas corpus. (6 marks)Hint:- Applicable Aritcles ) 32, and 226

2008 - June [1] {C} (a) “Article 21 of the Constitution of India has been so transformed by thejudiciary that it now encompasses all conceivable rights within its ambit.” Discuss. (8 marks)(b) On what grounds and against whom the writ of mandamus can be issued ? (6 marks)

Hint:- (a) Applicable Article — 21; Case Laws — Menaka Gandhi V. Union of India, AIR1978 SC 597, A.K. Gopalan V. State of Madras, AIR 1950 SC 27, Kharak Singh V.State ofU.P., AIR 1983 SC 1295, Sunil Batra V. Delhi Administration, Hussainara Khatoon V.Home Secretary Bihar and Subhash V. State of Bihar; (b) Applicable Articles — 32 and226;

2008 - June [3] Explain of the following :(i) Doctrine of waiver of rights. (4 marks)

Hint:- Applicable Case Law — Basheshar Nath V.I.T. Commissioner, A.I.R.1959 S.C. 149.2008 - June [4] Attempt of the following :

(v) What is ‘delegated legislation’ ? What purposes does it serve ? (4 marks)

Page 9: Scanner CS Executive Programme Paper 1

[Chapter # 1] Constitution of India Q-1.9

PRACTICAL QUESTIONS

1999 - Dec [8] (a) A foreign national applied for permission to establish an industry formanufacturing shoes in Delhi. The permission was refused by the competent authority. Theforeign national intends to file a writ petition challenging the order of refusal on the ground thatin India persons are guaranteed fundamental freedom of trade. Will he succeed? (6 marks)

Hint:- Applicable Article — 19(1)(g).Ans:- No. Space to write important points for revision

2005 - June [6] (a) An organisation of a business community staged processions, demonstrationsand agitations before the secretariat of the State Government on busy roads to press for theirdemands. These caused traffic jams. The State Government imposed a ban on demonstrationsand marches on busy roads on working days. The organisation alleged that the ban was aninfringement of the fundamental right of freedom as guaranteed under the Constitution of Indiaand filed a petition in the High Court. Decide. (6 marks)

Hint:- Applicable Case Laws — Kerala Vyapari Vyavsayi Exopana Samiti v. State ofKerala and Others, AIR 2004, Bombay Hawkers Union v. BMC, AIR 1985.Ans:- Ban is Valid. Space to write important points for revision

2006 - June [7] (a) Ashish was dismissed from the service. He filed a writ petition in theHigh Court for quashing the order of dismissal on the ground that he was not givenreasonable opportunity to refute the allegations made against him and that the actiontaken against him was mala fide. The petition was dismissed on merit. Thereafter, he instituteda suit in the Court of Civil Judge in which he challenged the order of dismissal on the groundsinter alia that he had been appointed by the Inspector General of Police and that the DeputyInspector General of Police is not competent to dismiss him by virtue of Article 311(1) of theConstitution of India, Decide. (6 marks)

Ans:- Suit is not maintainable. Space to write important points for revision

2008 - June [7] (c) An organisation of some persons belonging to a particular community sat ona dharna near Jantar Mantar in New Delhi and later on moved towards Parliament House raisingslogans against the Government to press for their demands. This led to traffic jam. Thegovernment had imposed a ban on demonstrations near and at the Parliament House. Theorganisation filed a petition in the High Court against the ban, pleading infringement of theirfundamental right of freedom. Will the petition be admitted ? Give reasons. (4 marks)

Hint:- Applicable Articles — 19 (1)(b) and 19(1)(d)

Page 10: Scanner CS Executive Programme Paper 1

Q-1.10 SCANNER CS Executive Programme (Module I) Paper - 1

Ans:- No. Space to write important points for revision

Repeatedly Asked Questions

No. Question Frequency

1 Discuss with reference to case law the right to protection of life andpersonal liberty as guaranteed by the Constitution of India.

00 - Dec [1] (b), 03 - June [1] (a), 07 - Dec [2] (a), 08 - June [I] (a) 4 Times

2 "No person shall be deprived of his life or personal liberty exceptaccording to procedure established by law." Discuss.

99 - Dec [1] (a), 04 - June [1] (b) 2 Times

3 Explain the 'doctrine of severability'.98 - Dec [1] (b), 04 - June [1] (c) 2 Times

4 “Article 14 of the Constitution of India forbids class legislation, butdoes not forbid classification.” Discuss. 99 - June [1] (a),

06 - June [1] (a), 08 - Dec [1] (a) 3 Times

5 What are the fundamental duties imposed on the citizens of India?02 - Dec [1] (a), 06 - Dec [1] (c) 2 Times

6 “The Constitution of India is basically federal with certain unitaryfeatures”. Discuss. 00 - June [1] (a),

07 - June [1] (a), 10 - June [1] {C} (a) 3 Times

7 Discuss the relationship between ‘Fundamental Rights’ and ‘DirectivePrinciples of the State Policy’. 04 - Dec [1] (b), 07 - June [5] (a) 2 Times

8 Discuss the writ of habeas corpus. 03 - Dec [1] (c) (iii),07 - Dec [2] (b), 08 - Dec [1] (b) 3 Times

9 Discuss with reference to case law the right to protection of life andpersonal liberty as guaranteed by the Constitution of India.

03 - June [1] (a), 07 - Dec [2] (a) 2 Times

10 What do you mean by doctrine of waiver of rights under theConstitution of India? 08 - June [3] (i), 09 - Dec [1] (c) 2 Times

11 Discuss in brief the rule of colourable legislation05 - Dec [1] (a) (c), 09 - Dec [1] (d) 2 Times

Page 11: Scanner CS Executive Programme Paper 1

[Chapter # 1] Constitution of India Q-1.11

12 Explain the writ jurisdictions of the Supreme Court and High Courts asprovided in the Constitution of India.

98 - Dec [1] {C} (a), 10 - June [1] (b) 2 Times

Table Showing Marks of Compulsory Questions

Year 06J

06D

07J

07D

08J

08D

09J

09D

10J

10D

Short Notes 6

Dt. Between 6

Descriptive 14 14 14 4 14 12 14 20 14 14

Total 20 20 14 4 14 12 14 20 14 14