DATE: 09/05/2022 TIME: 05:00 pm to 07:30 pm

NATIONAL LAW UNIVERSITY ODISHA, CUTTACK

End-Semester Examination (Even-Semester)
May 2022
BA LLB/BBA.LL.B
SEMESTER - II (BATCH OF 2021 – 2026)

Full Mark: 45 Duration: 2 hrs 30 mins.

General Instructions

1. No clarifications can be sought on the question paper. In case of any ambiguity in the question paper
students are expected to rely on the question paper as it is and respond to it.
2. Notes, books, other written and printed matter, other examinations aids, and electronic devices, including
but not limited to mobile phones, laptops and digital diaries, are strictly prohibited in the examination
hall. Any candidate found in possession of any of the above during the examinations, either inside or
outside the Examination hall will be treated as unfair means.
3. Start a new page for each question and take care to identify each answer clearly with the
number of the question and, where appropriate, the part you are answering and write your
answers in sequence i.e. number wise.
Material allowed in the Examination hall: Standard Bare Act without Commentaries

CONSTITUTIONAL LAW I – CONSTITUTIONAL GOVERNANCE

1. How can the reading of the Constitution by different judges, in the context of the same historic event, give
rise to different approaches to Constitutional interpretations? Discuss with reference to the reading from
‘Transformative Constitution’
[05 Marks]
2. In the Hogwarts Legislative Assembly election, Gryffindor Party secured the largest number of seats.
However, to attain a majority and form government, the party needed six more elected members to join
them. Another party named Hufflepuff secured 12 seats for itself in the assembly elections. However, 8
members of Hufflepuff were persuaded by the Gryffindor party to join them with the promise of ministerial
positions for each of them. Fearing defection, the eight members of Hufflepuff first rendered their resignation
from membership of the house before joining the Gryffindor party. The speaker did not consider or revert on
the resignations for 20 days. In the meanwhile, the 8 members official joined the Gryffindor party and were
appointed as Ministers.
Multiple petitions were filed before the speaker on the ground that since the speaker had not accepted the
resignation, the 8 persons in question, were still members of the house and thus defected. Parallelly, fearing
that the speaker would accept the 10th schedule petition before accepting their resignations, the 8 members
appealed to the High Court against the non-acceptance of their resignations.
The court is simultaneously considering two questions-

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A. Whether the 8 members that moved from Hufflepuff to Gryffindor were liable to be disqualified from the
membership of the house on the ground of defection, as their resignations were still pending for
consideration?

B. Whether the speaker’s action of waiting for 20 days to consider resignation, and accepting the 10th schedule
petition before the resignation, was valid?
Give judgements on both the issues with substantial arguments and decided case laws
[10 Marks]

3. “… Inquiry proceeding against a judge is not a necessary consequence of the violation of criminal law and
more importantly, do not lead to the imposition of any sanction which can be characterised as punitive.”
Referring to the article ‘Standard of Proof Against a Judge: A Case for a Lower Threshold’ assess the
degree of standard of proof which should apply in case of an inquiry for removal of a Constitutional Court
judge in India.
[10 Marks]
4. Elaborate on the current standing of Article 370 of the Indian Constitution and discuss the specific legal
issues arising from the revocation of the special status of Jammu and Kashmir.
[10 Marks]
5. The State of Westview passed the ‘Westview Liquor Total Prohibition Act, 2022 (WLTPA)’. The state of
Winterfell, which is the western neighbouring state of Westview, imported its liquor from Sparta, the eastern
neighbouring state of Westview. The transport of liquor from Sparta to Winterfell took place via Westview as
it was the shortest possible route. However, due to WLTPA in force, the said transport was prohibited by the
State of Westview. The States of Winterfell and Sparta have filed a petition against the State of Westview on
the following grounds-
A. The States of Winterfell and Sparta are claiming WLTPA to be invalid on the ground of territorial application
of the law of Westview on them.
B. As WLTPA prohibits transport, it encroaches upon the Centre’s jurisdiction under List I, Entry 42 (Inter-state
trade and commerce) and both states’ jurisdiction under Entry 8, List II (Intoxicating liquors, that is to say,
the production, manufacture, possession, transport, purchase and sale of intoxicating liquors.)
Considering both the grounds, decide, on the validity Westview Liquor Total Prohibition Act, 2022 with
substantial arguments and decided case laws on the subject
[10 Marks]

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