Test 21 1 January 2018, questions and answers PDF

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Warning: TT: undefined function: 32CONSTITUTION – IL.L, 1stsem, 1styearRaghuramanRaghuraman@gmailContents Questions UNIT I Q. Define constitutionalism Q. Define preamble of the Constitution? OR Define values enshrined in the Constitution Q. Is Preamble part of the Constitution? Q. Federal character ...

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CONSTITUTION – I L.L.B, 1st sem, 1st year

Raghuraman.K [email protected]

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Contents Questions ................................................................................................................................................ 4 UNIT I ...................................................................................................................................................... 8 Q. Define constitutionalism ................................................................................................................ 8 Q. Define preamble of the Constitution ? OR Define values enshrined in the Constitution ............ 10 Q. Is Preamble part of the Constitution ? ......................................................................................... 12 Q. Federal character of the Indian constitution ...............................................................................14 A5-11. Citizenship acquisition ........................................................................................................... 18 UNIT 2 ...................................................................................................................................................23 A12. Define state in Constitution...................................................................................................... 23 A13. Doctrine of eclipse .................................................................................................................... 25 A13. Provisions of constitution relating to laws inconsistent with fundamental rights ................... 25 A14. Equality under Article 14. Discuss ............................................................................................28 A14. Article 14 permits reasonable classification, but prohibits class legislation. Discuss ..............30 UNIT III ..................................................................................................................................................32 A15. Are Articles 15(4) and 16(4) Fundamental Right? .................................................................... 32 A15. Are Articles 15(4) and 16(4) Exceptions?.................................................................................. 33 A16. Explain the Right to Equality as enshrined in Article 15 and 16 of the Constitution................ 34 A16. Discuss the decision of Supreme Court in Indira Sawhney v. Union of India, AIR 1993 SC 477 so far as reservation of posts for backward classes in matters relating to public employment or appointment to any office under the State is concerned................................................................. 39 A17. What is the law relating to abolition of untouchability ? ......................................................... 39 A18. What is the law relating to titles and presents ? Can an Indian Citizen accept titles or presents from foreign powers ? Does contravention of Article 18 entails any liability ? ...............................41 A19. Explain the freedom of speech and expression guaranteed under Indian constitution? ........ 42 A19. Discuss the scope of the "freedom of Speech and Expression". Does it include freedom of press also ? It is an absolute right ? .................................................................................................. 42 A19. What freedoms are guaranteed by the Indian Constitution? Are such freedoms exhaustive? Discuss if such freedoms are absolute rights and if not, discuss the need for limiting them. .........49 A19. Discuss the freedom to assemble peaceably and without arms as provided u/Article 19(1) of the Constitution. What are the limitations on this freedom ? ......................................................... 52 Q. Write a short note on the right to form Unions and Associations. Is this right an absolute right ? Discuss the restrictions imposable on this right ............................................................................... 54 A19. Writ a short note on the right to move freely throughout the territory of India. What restrictions can be imposed on the said right ?................................................................................ 56

3 A19. Discuss the right of residence and settlement guaranteed to a citizen under the Constitution. Discuss the restrictions that can be imposed on this right. .............................................................. 58 A19. Discuss the scope and extent of freedom of profession, trade and business guaranteed by Article 19(1)(g) of the Constitution................................................................................................... 59 UNIT IV .................................................................................................................................................. 62 A20 Write a short note on following :- ............................................................................................62 (A) Protection against Ex-Post Facto Law .........................................................................................62 (B) Protection against Double Jeopardy ...........................................................................................63 A21. Right to life and personal liberty . Explain ................................................................................ 67 A22 What is preventive detention ? What Constitutional safeguards are available to detenu against preventive detention laws ? ................................................................................................. 73 A23. Explain the scope of right against exploitation by the Constitution ........................................ 75 A25. Explain the scope of freedom of religion as guaranteed under Constitution of India. ............ 78 A25. In what manner is our constitution secular ? Examine the Constitutional limits in which religious freedom is avoidable to an individual in India ? ................................................................78 A29. Discuss the cultural and educational rights as guaranteed to linguistic and religious minorities under the Constitution of India. .......................................................................................................81 A31. Explain the concept of Right of Property as mentioned in the Indian Constitution ................ 82 UNIT V ................................................................................................................................................... 86 A31C. What are the provisions of the Constitution which are meant for protecting the laws giving effect to the directive principles from being challenged as violative of the fundamental rights?... 86 A32. Right to constitutional remedies. Explain................................................................................. 87 A32. Write about Nature of writs ..................................................................................................... 89 A32. What is Public Interest Litigation.............................................................................................. 89 A32. Write short notes on................................................................................................................. 91 (A) Habeas Corpus............................................................................................................................. 91 (B) Quo Warranto .............................................................................................................................93 (C ) Mandamus .................................................................................................................................. 95 (D) Certiorari ..................................................................................................................................... 96 (E ) Prohibition .................................................................................................................................. 98 A36-50. Directive principles .............................................................................................................. 99 Table of cases.................................................................................................................................. 105

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Questions Q. 1 Discuss the salient features of Indian Constitution. Constitution-12.pdf/ Q1 Q. 2 What is the nature of Indian Constitution ? Is it correct to say that Indian Constitution is federal in character with unitary features ? Page 23 Or "Constitution of India is neither purely federal nor purely unitary but is combination of both. It is Union of Composite states of a novel type. It enshrines the principle that in spite of federation, the national interest ought to be paramount" - Discuss this Statement. Page 23 Q. 3 What is preamble ? Discuss the meaning and importance of the Preamble. Page 7 Or Examine the importance of the Preamble of the Constitution and its relevance in interpreting the provisions of Constitution. Page 9 Q. 4 Discuss how a new state can be formed ? What is the procedure for changing boundaries of existing states under the Constitution ? Not answered Q. 5 What do you understand by citizenship under the Constitution of India ? Who are Indian citizens under the Constitution ? Not answered Q. 6 Describe the manner in which citizenship can be acquired and terminated under the Citizenship Act 1955. Page 16 / part of it. Q. 7 What is the scope of definition of State in Article 12 of the Constitution ? Does it include judicial and incorporated bodies ? Page 21 / 2nd part not answered.

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Q. 8 Describe briefly the general characteristic features of the fundamental rights. Not answered Q. 9 Writ short notes on the following doctrines :(A) The doctrine of Severability Not answered (B) The doctrine of Eclipse; Page 15 (C) The doctrine of Waiver. Not answered Q. 10 What is meant by the "Rule of Law" ? Discuss the principle of "equality before the law" in the Indian Constitution and distinguish it from the "Equal protection of the law". Page 11 Or Q. Is making of classification contrary to the guarantee of "Right of equality" under Article 14 of the Constitution valid? Not answered Q. 11 What Article 14 prohibits is class legislation and not reasonable classification for the purpose of legislation. Discuss. Page 13 Or "Is making of classification contrary to the guarantee of right of equality" under Article 14 ? Discuss fully, suitably illustrating your answer. Not answered Q. 12 Can the State discriminate between citizens on the grounds of religion, caste, sex or place of birth ? Q. 13 How the equality guaranteed by the Constitution in the matters of public employment ?

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Q. 14 Discuss the decision of Supreme Court in Indira Sawhney v. Union of India, AIR 1993 SC 477 so far as reservation of posts for backward classes in matters relating to public employment or appointment to any office under the State is concerned. Q. 15 What is the law relating to titles and presents ? Can an Indian Citizen accept titles or presents from foreign powers ? Does contravention of Article 18 entails any liability ? Q. 16 What freedoms are guaranteed by the Indian Constitution ? Are such freedoms exhaustive ? Discuss if such freedoms are absolute rights and if not, discuss the need for limiting them. Q. 17 Discuss the scope of the "freedom of Speech and Expression". Does it include freedom of press also ? It is an absolute right ? Q. 18 Discuss the freedom to assemble peaceably and without arms as provided u/Article 19(1) of the Constitution. What are the limitations on this freedom ? Q. 19 Write a short note on the right to form Unions and Associations. Is this right an absolute right ? Discuss the restrictions imposable on this right ? Q. 20 Writ a short note on the right to move freely throughout the territory of India. What restrictions can be imposed on the said right ? Q. 21 Discuss the right of residence and settlement guaranteed to a citizen under the Constitution. Discuss the restrictions that can be imposed on this right. Q. 22 Discuss the scope and extent of freedom of profession, trade and business guaranteed by Article 19(1)(g) of the Constitution. Q. 23 Write a short note on following :(A) Protection against Ex-Post Facto Law (B) Protection against Double Jeopardy (C) Prohibition against Self Incrimination.

Q. 24 Examine the scope of fundamental right to life and personal liberty under the Indian Constitution. Q. 25 What is preventive detention ? What Constitutional safeguards are available to detenu against preventive detention laws ? Q. 26 How does the Indian Constitution guarantee the right against exploitation ? Q. 27 Explain the scope of freedom of religion as guaranteed under Constitution of India.

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Or In what manner is our constitution secular ? Examine the Constitutional limits in which religious freedom is avoidable to an individual in India ? Q. 28 Discuss the cultural and educational rights as guaranteed to linguistic and religious minorities under the Constitution of India. Q. 29 What are the provisions of the Constitution which are meant for protecting the laws giving effect to the directive principles from being challenged as violative of the fundamental rights? Q. 30 Compare the writ jurisdiction of the Supreme Court with that of High Courts under the Indian Constitution ? Q. 31 What do you understand by 'Writs'? Explain the circumstances in which various writs can be issued. Or Write a short note on : (i) Habeas Corpus (ii) Mandamus (iii) Quo-Warranto (iv) Certiorari and (v) Prohibition. Q. 32 Discuss the nature, scope and purpose of Directive Principles of State Policy as enumerated in Constitution. Or Enumerate the "Directive Principles of State Policy". Q. 33 Examine the correlation between Fundamental Rights and Directive Principles of State Policy. Q. 34 What are the fundamental duties enumerated under Article 51-A of the Constitution? What is the importance of these duties?

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UNIT I Q. Define constitutionalism The judgement in the case I.R. Coelho (Dead) By Lrs vs State Of Tamil Nadu & Ors, defines constitutionalism as ―a legal principle which requires control over the exercise of Governmental power to ensure that it does not destroy the democratic principles upon which it is based.‖ 1. These democratic principles include the protection of fundamental rights. 2. The power of the parliament to amend the constitution is limited by the constitution. Hence the parliament cannot exercise this limited power to grant itself an unlimited power 3. Constitutionalism recognises the need for government but insists upon limitations being placed upon governmental powers. 4. Constitutionalism envisages checks and balances and putting the powers of legislature and executive under some restraints and not making them uncontrolled and arbitrary. 5. Unlimited powers jeopardize freedom of the people. 6. If the Constitution confers unrestrained power on either the legislature or the executive, it might lead to an authoritarian, oppressive government. 7. Constitutionalism is the antithesis of arbitrary powers, the antithesis of Constitutionalism is despotism, and in essence connotes limited government or a limitation on government Therefore, in order to preserve the basic freedoms of the individual, and to maintain his personality and dignity, the Constitution needs to be permeated with ‗constitutionalism‘; it should have some in-built restrictions on the powers conferred by it on governmental organs. Indian constitution has several provisions to protect the constitutionality of the Indian constitution 1. Protection of basic structure of the constitution In the Kesavananda Bharati v. State of Kerala held that the Parliament under the Indian Constitution is not supreme, in that it cannot change the basic structure of the constitution. 2. No powers for legislature to amend fundamental rights In Golak Nath vs State of Punjab, the Supreme Court overruled its earlier decision. The Supreme Court held that the Parliament has no power to amend Part III of the constitution as the fundamental rights are transcendental and immutable 3. The power of judicial review

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The power of judicial review with a view to examining whether any authority under the Constitution has exceeded the limits of its powers This power of judicial review is conferred on the judiciary by Articles 32 and 226 of the Constitution. The Minerva Mills Vs. Union of India case developed the concept of ―judicial review‖. 4. Another provision is ―Rule of Law‖, on its basis spirit of constitutionalism can be present in a state. a. Rule of law has no fixed or articulate connotation tough Indian courts refer to this phrase time and again. b. The emphasis is on absence of any centre of arbitrary or unlimited power in the country on proper structure and control of power, absence of arbitrariness in the government. In P. Sambamurthy v State of Andhra Pradesh , the Supreme Court has declared a provision authorising the executive to interfere with tribunal justice as unconstitutional characterising it as violative of the rule of law which is clearly a basic and an essential feature of the constitution. Conclusion Thus, a written constitution, independent judiciary with powers of judicial review, the doctrine of rule of law and separation of powers, free elections to legislature, accountable and transparent democratic government, Fundamental Rights of the people, federalism, decentralisation of power are some of the principles and norms which promote Constitutionalism in a country.

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Q. Define preamble of the Constitution ? OR Define values enshrined in the Constitution The importance and utility of the Preamble has been pointed out in several decisions of the Supreme Court of India. Though, by itself, it is not enforceable in Court of Law and does not constitute an operative part of the Indian constitution, yet it serves several important purposes The Preamble to a written Constitution states the objects which the constitution seeks to establish and promote and also aids the legal interpretation of the Constitution where the language is found to be ambiguous .The Preamble to our Constitution serves two purposes (a) It indicates the source from which the constitution derives its authority i.e the people of India (b) It also states the objects which the constitution seeks to establish and promote (c) It also contains the enacting clause, which brings the Constitution into force. The preamble of Constitution of India proclaims India as a ‗Sovereign, Socialist, Secular, Democratic Republic, and to secure for all its citizens, Justice, Liberty, Equality and Fraternity. Sovereign : The term ‗sovereign ‗implies that India is internally supreme and externally free. State authority of India is supreme over all men and all associations within India‘s territorial boundary. This is India‘s internal sovereignty. Externally India is free from all external controls. Socialist : The terms socialist and secular were added to the preamble by 42nd amendment in 1976.What was implicit in the Constitution until then became explicit. India‘s association with socialism began in the early fifties at the Avadi Congress. Glaring disparity in income distribution induced the government to control the commanding heights of the economy in the interest of suffering masses. Secular : India is a ‗Secular State‘ does not mean that India is non-religious or irreligious, or anti religious, but simply that the State in itself is not religious and embodies the ancient Indian principle of ―Sarva Dharma Sama bhava‖, meaning thereby that the State shall not discriminate against the citizens in any way on the basis of religion. Democratic : India‘s aim is to build up not only a democratic political system but also a democratic social system. In the matter of political organization, India has opted for representative democracy. This implies that government power shall be vested in the popularly elected representatives of the people. In India popular elections give legitimacy to our rulers. Republic : A system is republican ...