27th BIHAR JUDICIAL EXAMINATION, 2011 - CONSTITUTIONAL LAW

CONSTITUTIONAL LAW OF INDIA AND ENGLAND

Time Allowed: 3 hours Maximum Marks: 150
All questions carry equal marks
Answer six questions, selecting three from each Group


Q.1. What are the distinguishing features of Unitary and Federal Constitution? Do you agree with the view that the Indian Constitution is federal in nature? Discuss.

Q.2. Discuss the meaning and scope of fundamental right to 'Equality before the law and equal protection of the laws within the territory of India'. Also discuss the basis and test of reasonable classification under Article14

Q.3. Discuss in brief the legislative relations between centre and State. When and in what circumstances can Parliament legislate on matters enumerated in State List?

Q.4. On what grounds can he President of India make a proclamation of national emergency under Article 352 of the Constitution? What are its consequences? Discuss with reference to the relevant amendments and case law on the subject.

Q.5. Discuss the procedure by which the Constitution of India can be amended. Can parliament take away or abridge the Fundamental Rights by constitutional amendments? Discuss with the help of relevant cases.

GROUP-B

Q.6. What is meant by the expression 'Rule of law'? Discuss the characteristics of 'Rule of Law' as given by Diecy.

Q.7. "The doctrine of Sovereignty of Parliament is said to have ousted the powers of judicial review of legislation in England." Discuss. Do you subscribe to the view that Courts have undertaken review of legislative action by employing various devices?

Q.8. What is 'royal prerogative? Discuss executive prerogatives. Is the Queen free to exercise her prerogative in appointing the Prime Minister and dissolution of the House of Commons? Explain.

Q.9. What is meant by 'Parliamentary Privileges'? Can the House of Commons punish its own members for breach of privilege? What penalties can be imposed on the members? Discuss.

Q.10. "The strength of the English Law lies in its provisions of adequate remedies for most infringements of individual rights." Comment and discuss the statement in the context of personal liberty in England.