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    15 views189 pages

    Final Merge Last Year Papers LLB PDF

    Uploaded by

    Gurmeet Jaggi

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 189
    mt 2917 . ‘This question paper contains 12 printed pages. 6927 Your Roll No. LLB. /IV Term G Paper LB-401 : CONSTITUTIONAL LAW - II Time: 3 hours * Maximum Marks : 100 (White yout Roll No. on the top immediately ‘on recelpt of this question paper) Nore:— Answers may be written either in English or in Hindi; but the same medium should be used throughout the paper. feowht— ga seTaa ar oat attat aT fect fr we ara # afore caer ah aed or eT ue A aa aiee Aitenapt any five questions All questions carry equal marks, Peet uber seat & sae afere 1 | wet eat & ates ort B1 1. Answer the following: Prafafaa & sox df: . (@) “. This contrivance of carrying on business activities by the State through statutory corpora- tions, government companies and other bodies with legal personality, simplifies ‘and facilitates 2 transactions and operations beyond the traditional” and tardy processes of governmental ... . But to use the corporate methodology is not to liberate the State from its basic obligation to obey Part IIL. .. Otherwise, a cunning plurality of corporations taking over almost every State business ... will cheat the people of Part IIT rights by the easy ion for the bill of rights; no State 1n will be told that ‘the State has ceased {0 be, save for the non-negotiable sovereign functions; and fundamental: rights may suffer eclipse only to be viewed in museum glass cases. Such a situation will be a treachery on the founding fathers, ... .” Critically examine the statement on the basis that ‘Article 12 is a special definition with a broader goal, in the light of new socio-economic realities of 21st century India.’ an Senfres frm, werd drei et arp afee aet are afhfrdt & mem 8 wT a arate afatafedt at ant wet at ae ae war H wigan TH at arifatedt & ek ate wo ta @ acig¢ G gM. fet frafia vata at are an ae af wate fe TET ator nn at are wet ys aor Be eo. ae Pat at Ts ae AGATA ie was oT a afta Fa eh ‘att & wer nr & afeart at avant wat & ect “art; “anftramdt fret 3 forte te waar at 8 ) 2. (a) 3 ont are use et vet 2” eB eT TT “wa ware Bt rar @, Tae ara % fae ase, vitferss saftraret st wen rit athe Sarer aaeret 4 wiht & aaa Fa 2S oe ws et fafa dens aed a faraana tn.” ‘2027 wat & wa At eh omnis aniis arate at tert a, agese 12 care wea are ww fe atm @ & oe KR aK fet 1a wer at SHAT SARE BASIE | ‘The view that the expressions ‘void’ and ‘to the extent of such inconsistency’ and ‘to the extent of the contravention’, used respectively, in Articles 13(1) and in Article 13(2) carry same meaning, entails the conclusion that the doctrine of eclipse may have application as well to laws made after the Constitution has come into force. Explain. STB 131) WE PST 1302) F wa at aE aftoatral ‘frie’ ud ‘et ayeom st we ae’ we ‘serint a ee ae’ or ue et od 2, a ae freed frre @ f& wen & frert ar dar & ary oF & ae a arp a oh wea A Tat 21 WERT! The constitutional conception of equality had, traditionally, been worked out with the help of ‘legislative classification’ “ doctrine. In 1970s, PTO. on 4 however, the Supreme Court devised the theory of ‘reasonableness or non-arbitrariness’ to instil new vigor and potency into the protection guaranteed by Article 14. Elaborate. wana at déafrs seem woats oro faarht aif’ frera St werrar 8 Frere aT ari wenft 1970 4 Bite ae 3 fata tare fear ‘ofa ar tear’ a, ayes 14 ae SH Bren Yat ates ate area a ser & fees (b) ‘Democracy is essentially a form of society. Political democracy without social, democracy cannot last long. ... Political and economic democracy would be of no avail unless social inequalities are removed.’ Explain the above statement in light of- the ‘Abolition of Untouchability’ and other related provisions in the Constitution. ‘area afert wr 8 wat ww oT th annie citar & fer cerifes cect oe ena aa WaT) Te TH TTT seared wr ad o ond oe ae Tries ante draws a ate ore ae ey deer F gar aa ak ar wafed swear wi dent F aay fa 7a Het A AHMET! 3. A group. G, mainly comprising of a set of castes, in state S, pleas for reservation in government services as 5 on BCs (Backward Classes of Citizens). Due to the intense agitations, sometimes violent, threatening to bring the state to the verge of political instability, the state S concedes to the demand of G. The contentions of the leaders of G are that opportunities of employment and livelihood outside the government have shrunk after the liberalization of economy. The group which traditionally depended on agriculture and petty business does no longer find the latter as a viable option after the transformation of Indian economy. Consequently poverty ration within the group is consistently increasing to the extent that a large portion of it is not able to meet even their basic needs. Within the government the opinion is divided. One section of the bureaucracy is of the opinion that extending reservation to them would violate the limits and conditions as interpreted by the Supreme Court. ‘The other section of the government holds the view that these conditions and limitations need to be re-examined in light of the fact that ‘social and economic conditions have changed’ in last three decades and also the reality that quite many groups within the classes of citizens who have so far benefited from the reservation policy, on empirical study, may not themselves qualify any more to be entitled to such facilities. ‘The Government of State § seeks your advice. we tm s Hw aH G, frat qe wi a smfrat ar aye wire @ fees ah & we A mT RTO. on G Sens orem & fee age wen ti ate ate Sar, st avast fas wt a, sit too at fae onfereen heim AR BT TBI eT, THIS, G a att at ama @1G & dat & aa gfe wen & amet them sit srstfeer saat aorren 3 sata S ae ue ma 1 st aR weMfis wr a oR ak og ora Finke ae om, ae aethe arforsen % uftady & are ara sR a us Pree & 808 arent of od) gerry, aa & tae ante a fee cman ga ae ag we fe eR TH oF Sed sect Bg as od ' War & vie wa Prnfea 21 sect & ww fed i we ca @ Re sak fet ome ager aia sie wat or seeiat at maar @ ot acta =e ant @ wef G1 weer & gRt ave a uret é fe er wal si Mion St ga wer} ware YX fer B ata at srevasa @ fis fred aia cea Y “amntae ite sift featrit % acca arn 2” sit ae ot areata @ fe af wept a ama 3 ex a st ant 1 ATT ger Ke ae sife F aatad z Se Be gfe & ewe BF fee ae a a 1 Ts S St AER aral Ta ae 2 4. The right to freedom of speech and expression 1 on conferred by Article 19 of the Indian Constitution has essentially been interpreted with the help of two ‘working principles: ‘Free market place of ideas’ and ‘imminent tendency-to cause harm’. Critically examine the sufficiency of these interpretative tools in Jight of the fact that notion of power has shifted from the ‘concentration of economic power in’few hands to the power of thought exercised through control of mass media such as press, electronics and telecom- munications. endta dire & age i9 we fq mE ATs afteats % after at-afrard wa & at ard-frerdt at aga & aren ston 8: “frat aT yw a” ait “qaar ar aro A at see wafer RTT Sea at ater: aT sree tert Safer) ge ares srearer Af aa BT ar |S eet % anffa-wiaaat werma a as dart om tifen Ba TEU, gagites agen & Pera Fare sr faq my Prat a wits Tt earrafta & 7G 21 Fe wer ST aTerrers are aif | 5. Answer the following: fret ar sae chee (a) Briefly examine the meaning of the right to ‘life and personal liberty’ under Article 21. How far can they be interpreted to impose a positive duty upon the state to create conditions, through its Jaws and polices, in which these rights become ) exercisable even by the weaker, poor and deprived of the Indian populace? Has the Judiciary been effective in similar efforts? ages 21 & oenfa ster sit afer waa & afer & af ar dia wet athe) afeert at fra dtr ae caren a ot wart @ fe Usa Te wares Seer any feet on watt fa ot arp a aifeal & te wera ae fs credia svar & anit, ota, afer

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