NATIONAL LAW UNIVERSITY, DELHI

B.A.LL.B.(HONS.), III-YEAR, V-SEMESTER (Batch of 2017)

Special Repeat Assessment (Online), September-2020

Paper 5.2: Constitutional Law-I

Time: 48 Hours Total Marks: 70

Instructions:
1. Read the questions carefully and answer.
2. No clarification can be sought on the question paper.
3. Do not write anything on the Question Paper except your Roll No.

Q.1 Mr. Ahmad came to India in 1940 and remained there till 1945, when he went to on a pilgrimage to
Mecca in Saudi Arabia for one year. On his return to India, he registered himself as a foreigner and
took the job of a cashier in a hotel in Chennai. Several times, his stay in India was extended from
time to time. In 1957, his request for extension of stay was refused. Argue, if he can be granted
citizenship of India according to the constitutional provisions. Discuss and explain with the help of
decided case law. (14 Marks)

Q.2 The Institute of Constitutional and Parliamentary Studies (ICPS), New Delhi, is a society registered
under the Societies Registration Act, 1860. It has the objective of providing and promoting
constitutional and parliamentary studies with special reference to the comparative studies in
constitutional systems of various other countries and the working of the Indian Constitution
parliamentary and governmental institutions in different aspects. The main source of income of the
ICPS has been the annual grants from the Central Government. The membership of ICPS consists
mostly of the two Houses of the Parliament besides the President and the Vice-President. Discuss
whether ICPS be covered within the definition of ‘state’ given under Article 12 of the Constitution
of India with the help of decided case law. (16 Marks)

Q.3 Mr. Cecil Alexander was a judgment debtor, against whom the warrant for arrest and detention in
the civil prison was issued for the non-payment of an amount due to the respondent Bank, which
has ripened into a decree and has not yet been discharged. This warrant was issued in execution of
the decree for the repayment of the debt. Mr. Cecil Alexander pleaded that despite his good and
honest intention to repay, he is unable to do so due to lack of resources and income and more
pressing claims such as medicinal bills to treat cancer. He even does not have money to meet both
ends meet and has meager living with little or no money. Keeping in view the fundamental rights
provided to Indian citizens, decide whether Mr. Cecil Alexander, an Indian citizen be arrested for
non-payment of the decreed money when he is very poor and honest and has no means to pay.
(16 Marks)
Q.4 Identify the relevant/appropriate Constitutional provision/s under which the following propositions
be covered. Also discuss and decide the following propositions in about 6-8 sentences in light of
the recent case law:
a. A filed a public interest petition in the Supreme Court of India requesting to direct the government
not to further postpone the entrance exams of engineering and medical streams due to Corona
pandemic and order the entrance exams to be held immediately
b. All the teachers of the government schools deputed for a month to help in performing smooth
conduct of elections at various places in the state
c. A child aged 12 years employed in an eating house owned by his father for doing all kinds of
sundry jobs after the school hours
d. X is providing catering services only to the persons belonging to particular caste(s) and has refused
to provide services to any other person or caste. (4x6=24 Marks)