JGU Id. No.

_________________

O.P. Jindal Global University

Jindal Global Law School
End-term Examinations – Semester B

Course Name : Constitutional Law I

Course Code : L-CT-0023
Programme : B.B.A., LL.B. (Hons.) – Year II
Session : 2015 - 2016
Time Allowed : 3 Hours
Maximum Marks : 50

This question paper has (3) printed pages (including this page).

Instructions to students:
1. DO NOT write your Name and Student Id. No. anywhere on the answer book except on the space
provided.
2. DO NOT write anything on the question paper except Student Id. No. on the space provided.
3. Start each question on a new page.
4. Hypothetical problems must be decided as if the student is the judge in the case and not for each side.
5. Use of mobile phone or any electronic storage and access system is prohibited.
6. Students undertaking the examination are requested to adhere to the University norms related to
examinations.

This is a Closed Book examination. Students are not allowed to bring any material in the Examination
Hall. Copy of relevant sections of the Bare Act of Constitutional Law of India will be provided to the
students.

Warning: Plagiarism in any form is prohibited. Anyone found using unfair means will be penalized
severely.

End-term Examinations of Semester B, 2015 – 2016 [JGLS] Page 1

 PART I

Answer any three (3) of the following five (5) questions. Each question carries ten (10) marks.
(3 X 10 = 30 Marks)

1. The University of ABC is a Prominent Public University within the State of Chattisgarh and has a
thriving student union. At a meeting of all the students called by the student union, the President of
the student union gave a speech criticizing the actions of the government with respect to tribals (who
the Government branded as Maoists) and called upon all the students to support the cause of the tribals.
Fearing the disruption of public order, the State Government, through the police detained the officials
of the student union within the University campus and locked down the campus as a result of which,
no student could go out of the campus premises. Such detention was made under Section 3 of the
National Security Act, 1980 which authorizes the Government to detain a person “from acting in any
manner prejudicial to the maintenance of public order”.

The National Security Act, 1980 is a law made in consonance with Article 22 of the Constitution. The
student union of the University has filed a petition under Article 32 of the Constitution of India on
behalf of all the students challenging Section 3 of the National Security Act, 1980 and/or the detention
order as violative of Articles 14, 19, 21 and 22 of the Constitution. The Attorney General has argued
that the Impugned law is made in consonance with and directly affects Article 22. Decide.

2. Santhara is a vow and practice observed by Jains at the end of their life by gradually reducing the
intake of food and liquids. Santhara is allowed when normal life according to religion is not possible
due to old age, incurable disease or when a person is nearing his or her end. “X”, belonging to the Jain
religion, is perturbed with the said practice and filed a petition under Article 226 of the Constitution
before the Delhi High Court. “X” argued that the Santhara vow is not covered by the Right to freedom
of religion in Article 25 of the Constitution and as such is illegal and punishable under Section 306
(Abetment of suicide) and 309 (Attempt to commit suicide) under the Indian Penal Code, 1860. One
of the Respondent groups belonging to the Jain religion have argued that the said practice is not only
covered by Article 25 of the Constitution but also is an essential facet of the “Right to Life” under
Article 21 which includes the “Right to die”. Discuss.

3. “It was for the first time in E.P. Royappa v. State of Tamil Nadu, AIR 1974 SC 555 that this Court
laid bare a new dimension of Article 14 and pointed out that Article has a highly activist magnitude
and it embodies a guarantee against arbitrariness.” – Ajay Hasia v. Khalid Mujib, AIR 1981 SC 487

Examine the significance of the above quote in the context of the “Right to Equality” under Article
14.

End-term Examinations of Semester B, 2015 – 2016 [JGLS] Page 2

4. The State of Uttar Pradesh is one of the most populated states in India and muslims constitute over
18.5% of its population. The State Government conducted various studies and concluded that muslims
in the state suffered from severe social and educational backwardness. Accordingly, the State
Government passed the “Reservation of Seats in Education Institutions to the Muslim Community
Act, 2009”, purporting to reserve 5% seats to muslims in all educational institutions, irrespective of
whether they are aided or unaided. This reservation quota is in addition to 50% of the seats already
reserved for SC/STs and other backward classes.

“X”, a member of the sikh religion filed a petition under Article 32 of the Constitution challenging the
Impugned Act on the ground that it is violative his rights under Articles 14 and 15(1) of the
Constitution.

ABC University Ltd. is a private unaided university in the State of UP and is also aggrieved by the
Impugned Act. ABC University is incorporated as a non-profit company under the Companies Act,
1956. ABC University has also filed a petition under Article 32 of the Constitution on the ground that
the Impugned Act violates its rights under Article 19(1)(g) of the Constitution.

Decide both petitions.

5. What is the import of the phrase “other authorities” in Article 12 of the Constitution as expounded by
the Supreme Court? Can “judiciary” be termed as a “State” under Article 12 of the Constitution?

PART II

Write short notes on any four (4) of the following. Each note carries five (5) marks.
(4 X 5 = 20 Marks)
A. Basic Structure doctrine
B. Doctrine of Eclipse
C. Waiver of Fundamental Rights
D. The Right to Life under Article 21 as a positive right
E. Rights of minority aided and unaided institutions
F. Sedition and free speech under the Indian Constitution
G. The right to education under the Indian Constitution

End-term Examinations of Semester B, 2015 – 2016 [JGLS] Page 3