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TKA Register No.

5022–21

(For the candidates admitted from 2009 – 2010 to 2016 – 2017)


B.L./LL.B. DEGREE EXAMINATIONS, FEBRUARY 2022.
(Three-year Regular Course)
Second Year – Third Semester
CONSTITUTIONAL LAW – II

Time : Three hours Maximum : 100 marks

PART A — (3 × 12 = 36 marks)
Answer THREE of the following in not exceeding 6 pages each.
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1. Critically examine the nature and scope of Parliamentary privileges in India.


Is codification of privileges necessary in the present context?

2. What is the effect of proclamation of emergency under Article 352? Can it be


challenged before the courts? If so, on what grounds?

3. Explain the composition and powers of the Election Commission of India.


Examine the extent of the power of the judiciary to interfere in election
matters.

4. Define state liability and explain the state liability regarding contracts.

5. How does the union parliament get its power to legislate on state subjects?

PART B — (8 × 6 = 48 marks)
6. Write short answers on EIGHT of the following in not exceeding
2 pages each :
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(a) Joint sitting.


(b) Inter state council.

(c) Functions of the Public Service Commission.

(d) Procedure for impeachment of the President.

(e) Money Bill

(f) Article 72.


72.
(g) Doctrine of immunity of instrumentality.

(h) Full faith and credit clause.

(i) Doctrine of Territorial Nexus.

(j) Amendment of fundamental rights.

PART C — (4  4 = 16 marks)
Answer FOUR of the following (in not exceeding 2 pages each) by referring
to relevant provisions of law and decided cases with cogent reasons.
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7. A bill was introduced in parliament on the recommendation of the President


and after obtaining an opinion from the concerned state legislature regarding
division of the state. However contrary to the opinion expressed by the
concerned state legislature, parliament passed the law. Decide on the
constitutional validity of the law passed by the parliament.

8. The speaker of legislative assembly was openly threatening a sitting judge of


the High Court in a public meeting. The High Court called upon the speaker to
appear before the High Court to answer a charge of contempt of court. When
he failed to appear before the court, the court directed the Government to
produce him before the court. The speaker claimed immunity from liability for
contempt of court. Can his claim be sustained in law?

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9. The Supreme Court of India passed an order transferring a long pending case
in a special court to the High Court on the ground that speedy trial is a
fundamental right under the constitution. Decide on the constitutional validity
of the order.

10. A suit was filed by the State of Kerala against the State of Karnataka under
Article 131 raising a dispute relating to non-implementation of the binding
decision rendered by the Inter-State water dispute Tribunal. Decide the
maintainability of the suit.

11. The parliament passed a constitutional amendment making changes in the


constitutional provisions relating to the election of the President. This was
challenged on the ground that before passing the amendment the consent of
the states were not obtained. Decide.

12. An ordinary bill was passed by the House in which it originated and
transmitted to the other house to that bill. All or any of those amendments
having been rejected by the first house. Decide the fate of the bill.

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