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Questions (2-6) Have To Be Answered Based On The Following Proposition Given. Proposition
Questions (2-6) Have To Be Answered Based On The Following Proposition Given. Proposition
2020
Time-3 hours
Closing date for submission-15TH day of May 2020
PROPOSITION
Question 2
The DAP government introduced the Constitution (125TH Amendment)
Bill 2016 in the Lok Sabha. The main object of this Bill are accordingly to
repeal Clauses (4) and (5) of Article 15 and Clauses (4A) and (4B) of Article 16
of the Constitution of India. The Statement of Objects and Reasons:-The
reservation is an idea that was ignited in the minds of our forefathers and the
wise people who wrote our constitution. The ideology behind this was to give
an added benefit to the deprived classes of the society (backward class of
citizens) and help them to join the main stream crowd of the nation. Caste
reservations were against the philosophy of the Constitution of India. During the
last 65 years of the working of the Constitution the politicians brought this to
the world of the politics, the whole meaning has changed. The reservation,
today, is not just a perk for the deprived classes but it has been something that
mars the rights of the deserved people more than anything.
Constitution (125TH Amendment) Act 2016 repealing:-
Article 15(4)-is an enabling provision that empowers the State to make
reservations for the advancement of any socially and educationally backward
classes of citizens or for the Scheduled Castes (SC) and the Scheduled Tribes
(ST). (Inserted after the Constitution (1ST Amendment) Act 1951)
Article 15(5)-is an enabling provision that empowers the State to make
reservations for admission to educational institutions (public and (private-aided
or unaided by State)) for the advancement of any socially and educationally
backward classes of citizens or for the SC and the ST. (Excluding minority)
(Inserted after the Constitution (93RD Amendment) Act 2005)
Article 16(4A)-is an enabling provision that empowers the State to make
reservation in matters of promotion with consequential seniority in public
employment in favour of the SC and the S T which, in the opinion of the State,
are not adequately represented. (Inserted after the Constitution (77 TH
Amendment) Act 1995 and Constitution (85TH Amendment) Act 2001)
Article 16(4B)-is an enabling provision that empowers the State to
consider any unfilled vacancies of a year (carry forward rule) which are
reserved in accordance to the provision under Clause (4) or Clause (4) (A) as a
separate class of vacancies. (Inserted after the Constitution (81 ST Amendment)
Act 2000.
Peoples Action Group-an NGO moved the Supreme Court of India for
Judicial Review of the Constitutional validity of the Constitution (125TH
Amendment) Act 2016. The Attorney-General of India appearing on behalf of
the DAP Government contended that the Constitution of India as framed by the
makers is based on the colour blind theory and not the group subordination
theory and 65 years of independence was sufficient to address this historical
discrimination. Establish if the Constitution (125TH Amendment) Act 2016
violates the basic structure of the Constitution of India? (10 Marks)
Question 3
Members of the Parliament who were charged for criminal conspiracy
and corruption under the Prevention of Corruption Act 1988 claimed that taking
bribes to abstain from voting for the No Confidence Motion is a privilege of the
House. Establish if such a privilege is enjoyed by the House of People in India?
(4 Marks)
The press and the media were reprimanded and charged for Contempt of
the House by the Parliament for broadcasting the sting video showing the
criminal conspiracy committed by the Government. The Petitioners had moved
the Supreme Court of India under Article 32 of the Constitution of India for
violation of the freedom of the press as guaranteed under Part III of the
Constitution of India. Establish if breach of a Parliamentary Privilege has been
committed by the press and the media in this case and establish the jurisdiction
of the Supreme Court to intervene on matters of Parliamentary Privileges? (4
Marks)
The Members of the Parliament who were charged for defection had
moved the Delhi High Court for judicial review of the decision of the Speaker
and the Chairman of the Houses of Parliament. To what extent can the judiciary
intervene in the aforesaid matter? (2 Marks)
Question 4
Establish what are the constitutional limitations and constitutional
safeguards with reference to the promulgation and repromulgation of
Ordinances by the President of India? The Petitioners (Voices for freedom) who
were arrested moved the Supreme Court of India under Article 32 of the
Constitution of India for the issuance of the Writ of Habeas Corpus and
contended that the Ordinance promulgated by the President of India under the
National Security Act 1980 to deprive them of their right to life and personal
liberty under the Constitution of India is cobbled with mala fide intentions.
Establish if such a contention will hold water in a Court of Law against the
President of India? (10 Marks)
Question 5
The Governors of the various states on whom the Presidential Order was
served withdrawing the pleasure of the President moved the Supreme Court of
India under Article 32 of the Constitution of India. Establish what are the
constitutional safeguards with reference to the removal of Governors? How is it
different from a democracy that is governed by the rule of law? (10 Marks)
Question 6
The Supreme Court of India had dismissed the petition moved by Voices
for freedom for the issuance of the writ of habeas corpus against the detenues
after hearing the case on the merits. The Petitioners had now moved the
Supreme Court of India under Article 136 of the Constitution of India for a
special leave petition. Advise the detenues if there are any extraordinary facts in
this case which warrants a special leave petition under the Constitution of India.
What other mode of action is accessible to the litigants in this case in the
original and appellate jurisdiction of the Supreme Court of India under the
Constitution of India. Discuss. (10 Marks)
Question 7
Justice Pandian wrote for the Supreme Court of India in the much
celebrated case Supreme Court Advocates on Record Association vs Union
of India (1993) also popularly known as the Second Judges case that judicial
primacy in appointment of judges to the higher judiciary is one facet that goes
on to guarantee the independence of the Judiciary. It was also necessary to
eliminate political influence even at the stage of the initial appointment of a
judge. The opinion of the Chief Justice of India should have the greatest weight;
the selection should be made as a result of a participatory consultative process
in which the executive should have power to act as a mere check on the exercise
of power by the Chief Justice of India, to achieve the constitutional purpose.
Thus, the executive element in the appointment process is reduced to the
minimum and any political influence is eliminated. Justice Kurian Joseph in
Supreme Court Advocates on Record Association and Another Vs Union of
India (2015) (Fourth Judges Case) had reiterated this as an established principle
of the law that judicial primacy in judicial appointments that goes on to
guarantee the independence of the judiciary is the basic structure of the
Constitution of India. To what extent does the collegium system which is a self
appointed institution unique in the entire world can guarantee the independence
of the Judiciary? Discuss. (10 Marks)