TIME: 04:00 pm to 7:00 pm DATE: 10/02/2023

NATIONAL LAW UNIVERSITY ODISHA, CUTTACK

(Question paper for Repeat / Improvement and Exempted Examinations)

February 2023

B.A.LL.B BBA.LL.B
/
SEMESTER - III

Full mark: 70 / 45 / 25 Duration: 3 Hrs / 2.5 Hrs / 1.5 Hrs

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.

4. Section A (for Mid-term exempted students)

Section B (for End-term exempted students)

Section A&B (for Repeat / Improvement students)

Materials allowed in the Examination Hall: Constitution Bare Act without commentaries

CONSTITUTIONAL LAW II – CIVIL LIBERTIES

Section: A (25 Marks)

1. Justice Chandrachud in Indian Young Lawyers’ Association v. State of Kerala opined that “the decision in Narasu, in restricting the definition of the term laws in force detracts from the

transformative vision of the Constitution. Carving out custom or usage from constitutional scrutiny denies the constitutional vision of ensuring the primacy of individual dignity.” Analyse the

transformative vision of the constitution in light of the treatment of personal law concerning Article 13 of the constitution.

[10 Marks]

2. Why does the right conception of rule of law, which furthers the idea of substantive rule of law, claim that the substantive rule of law cannot be an independent concept?

[10 Marks]

3. What is the solution to the challenges raised by Jus Soli and Jus Sanguinis? Which of the above concepts does India primarily follow to grant citizenship?

[05 Marks]

Section: B (45 Marks)

1. How does the Indra Sawhney judgement become internally contradictory when it upholds the case of State of Kerala v. N.M. Thomas but simultaneously imposes the 50% rule?

[05 Marks]

2. “An advertisement is no doubt a form of speech but its true character is reflected by the object for the promotion of which it is employed…When it takes the form of a commercial advertisement

which has an element of trade or commerce it no longer falls within the concept of freedom of speech” This observation has been made by the Supreme Court in one of the cases before it.

Evaluate the correctness of this statement based on the jurisprudence developed on ‘commercial speeches’ in India.

[10 Marks]

3. Why is the judgment of Dr Jaishri Laxmanrao Patil v. Chief Minister, Maharashtra correct when it has affirmed and applied the well-accepted tests laid down in the Indra Sawhney judgment, but it

has also failed an opportunity to re-examine the artificially imposed 50% limit on reservations in jobs and seats?

[10 Marks]

4. Why has the minority status of Aligarh Muslim University been a contention for litigation before the Constitutional Courts in India? Answer by tracing the history of decided cases on the matter.

[10 Marks]

5. ‘Judges should not assume the ecclesiastical powers to interpret religion to determine the questions protected under the right to religion.’ Give your opinion on the statement concerning the

varying tests used by the Indian courts to determine what constitutes an essential religious practice. Derive your argument from decided case laws.

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 [10 Marks]

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