Hidayatullah National Law University, Raipur (C.G.

)
B.A. LL.B. (Honours)
Merged Mid Term & End Term Examination, December-2020
Semester-III
Constitutional Governance-I
Instructions
 Max. Marks: 60 (for written submission). Each assignment carries 30 marks.
 Each assignment to be of 2500 words exclusive of references
 Font: Arial or Times New Roman
 Font Size: 12 size
 Spacing: One and half line spacing
 30% Similarity with correct foot notes allowed. The content will be checked by Turnitin
 Submission of assignment should be in the PDF.
 Last date of Submission on or before January 17, 2021 (5:00 PM).
 The complete assignment should be sent to cg1.dec2020@hnlu.ac.in
 After submission of assignment viva-voce shall be conducted for 20 marks
 The candidates are required to specify in their submission –
Name, ID No., Semester and Subject.

1. In M. Nagaraj v. Union of India, the Supreme Court required the state to demonstrate
the backwardness of Schedule Caste /Schedule Tribe beneficiaries each time quotas in
promotions were provided for under Article 16 (4 A) of Constitution of India, as evident
from quantifiable data.

In the light of the above observation do you think that this view stated in M. Nagaraj v.
Union of India is an unwarranted importation, from the view of the Indra Sawhney
decision given by Supreme Court? Also analyze, the later constitutional developments
both on the floor of the Parliament and in the Supreme Court on this issue after the M.
Nagaraj v. Union of India decision. (Marks 30)

2. “Right to Health is not included directly as a fundamental right under the Constitution
of India. The Constitution maker imposes this duty on the State to ensure social and
economic justice. Part IV of the Constitution of India imposes this duty on State. If we
only see those provisions then we find that some of those provisions are directly or
indirectly related to public health.”

In view of the above statement, critically analyze whether you find any correlation
between Right to Health and the Fundamental Rights and Directive Principles of State
Policy as enshrined in the Constitution of India? Further, highlight the role of Judiciary
in recognizing and enhancing the scope of the right to health as a fundamental right?
(Marks 30)

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