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JGU Id. No.

____________

O.P. Jindal Global University


Jindal Global Law School
Re-sit Examination – Semester B

Course Name : Constitutional Law I


Course Code : LW 1303
Programme : B.A., LL.B. (Hons.) – Year II
Session : 2011 – 2012
Time Allowed : 3 Hours
Maximum Marks : 100

This question paper has two (2) printed pages (including this page).

Instructions to students:

1. All questions are compulsory.


2. DO NOT write your Name and Student Id. No. anywhere on the answer book.
3. Start each question on a new page.
4. Use of mobile phone or any electronic storage and access system is prohibited.
5. Students undertaking the examination are requested to adhere to the University norms related to
examinations.

__________________________________________________________________________________________
This is a Closed Book Examination. Students are allowed to carry the Bare Act of the Constitution of India. No
other material is allowed into the Examination Hall.
Warning: Plagiarism in any form is prohibited. Anyone found using unfair means will be penalized
severely.

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1) “The requirement of Article 19 is that the restrictions imposed by the State must be reasonable, justified
and necessary. There is no such requirement on the exercise of the right by citizens.” Do you agree with
this statement? Support your answer using case law. (25 Marks)

2) Explain the power of Parliament to amend the Constitution, with reference to specific provisions and case
law. Describe how the jurisprudence on this issue has evolved over the years. (25 Marks)

3) An environmental NGO has filed a PIL seeking a ban on the use firecrackers during Diwali. They argue
that it is not only a health hazard in terms of pollution, but that it is also unsafe and has caused numerous
accidents. They are also supported by an animal rights NGO. The Union has filed its reply, arguing that
the use of firecrackers during Diwali is an essential religious practice of Hindus and is constitutionally
protected. Decide the case. (15 Marks)

4) Explain the term “Constitutional Morality” as applied by the Delhi High Court in Naz Foundation v. Union
of India. How is it different from public morality? (10 Marks)

5) Write short notes on following: (5 X 5 = 25 Marks)


a) Constitutional Writs
b) Doctrine of Waiver
c) Obscenity Test
d) Curative Petition
e) Right against Self Incrimination

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