HIDAYATULLAH NATIONAL LAW UNIVERSITY

ONLINE END-TERM EXAMINATION

(Academic Session: January-April 2020)
SEMESTER – IV
CON STITUTIONAL GOVERNANCE-II
Instruction for Stude nts:
1. Examination Timings: 11:00 AM- 12:30 PM
2. Uploading/Sending Answer Sheets by the Students: Before 02:00 P M (The SAP
candidate s will be e ligible for e xtra 30 minutes i.e . 2:30 PM)
3. Each Question Paper carries FOUR long essay type questions and the students are
required to attempt ANY TWO, with 15 marks for each question.
4. The students are required to download the question paper immediately.
5. The answers can be typed or hand written.
a. The typed answers should be in Times Ne w Roman, font size o f 12 point
and in 1 .5 line space with standard margins; or
b. The se lf hand written answers should be in A-4 size white pape r
(ruled/unruled). It should be le gible and re adable.
c. Each answe r would be in the range of 12 00 - 15 00 words.
d. All the page s of Answe r She e ts must be ke pt in a proper se que nce with
page numbe rs.
6. The file name for sending the answer sheet should be in the follow ing format:
a. ID Number – for example – 017/2017/1601
b. Name of the Paper – for example – Family Law-I (Code-FL1)
c. Date of Examination dd/mm/yy – for e xample – 19/11/20
7. The typed answer sheets should be in a single PDF file and hand written answer
sheets should be scanned by a Scanner or through the scanning App of Mobile.
8. The students are re quired to se nd the answe r sheet on or be fo re 0 2:0 0 p.m. o n
the day of the exam to the Email ID CG2@hnlu.ac.in.
9. The Students shall be responsible for uploading of the correct version of the answer
sheets within stipulated time. Any failure on their part to upload the right file shall
lead to their answer sheets being will not be taken up for evaluation.

1. The State of Zebronia enacted a law prohibiting the sale of liquor in the State. This
law also laid down that the procedure and principles of evidence for the trial of
offences under the law, would be different from those contained in the Criminal
Procedure Code and the Indian Evidence Act, 1872, both of which are central laws in
the Concurrent List.
The relevant entries are:
List II, Entry 8: Intoxicating liquors, that is to say, the production, manufacture,
possession transport, purchase and sale of intoxicating liquors.
List III, Entry 2: Criminal P rocedure, including all matter in the Code of Criminal
Procedure at the commencement of this Constitution. List III, Entry 12: Evidence and
oaths……

In the light of the above facts, discuss whether the law made by the State of Zebronia
is a valid law? Also explain which principle of interpretation will you apply in the
above context? (Mark s 15)
1
2. “...new standards and restriction have been laid down for the application of Article
356 ...new constitutional standards ordained by the Supreme Court an actual political
conduct, there seems to be some kind of credibility gap.”

In the light of above given statement, critically analyze the application and
significance of Article 356 of the Constitution of India. Also discuss the misuse of
Article 356 in recent era and give your opinion whether Article 356 should
be removed from the Constitution of India? (Support your answer
with proper reasoning) (Mark s 15 )

3. In the much-debated dissenting opinion in the case of Supreme Court Advocates on

Record Association v. Union of India (NJAC), Chelameswar, J., made the following
observations with respect to the basic features of the Constitution vis-à-vis the basic
structure doctrine:

“The expressions “basic structure” and “basic features” convey different ideas though
some of the learned Judges used those expressions interchangeably. The basic
structure of the Constitution is the sum total of the basic features of the Constitution.
The abrogation of any one of the basic features results normally in the destruction of
the basic structure of the Constitution subject to some exceptions; As to when the
abrogation of a particular basic feature can be said to destroy the basic structure of the
Constitution depends upon the nature of the basic feature sought to be amended and
the context of the amendment. There is no universally applicable test vis-à-vis all the
basic features.”

In the light of the above view, discuss whether there is difference between basic
feature and basic structure of the Constitution in India. Also explain whether you
agree with the views expressed by the Hon’ble Judge Chelameswar? Support your
answer by citing relevant examples. (Mark s 15 )

4. Granville Austin argues that the presence of Cooperative Federalism is visible at the
formation stage of the constant Indian Constitution itself, and one can locate its spirit
in the text and working of Indian Constitution.

In the light of above statement identify the emerging challenges towards the
Cooperative Federalism in contemporary era and discuss the role of Center in
maintaining the Cooperative Federalism under Constitution of India. Also analyze
how far we have succeeded in achieving the Cooperative Federalism under the
Constitution of India with the help of relevant examples. (Mark s 15)
*******