Constitutional Law – II · Semester 2

Constitutional Law – II · August/September 2016

Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.

Official previous-year question paper (PDF scan), OU LL.B. Year 1 Semester 2. Download the file; question-to-topic mapping can be added later from this paper.

Osmania University · Faculty of Law

Constitutional Law – II · August/September 2016

August/September 2016 · Constitutional Law – II · Semester 2

Code No. 3438/BL
FACULTY OF LAW
LL.B. (3 YDC) & LL.B. 3 YDC (Honours) I - Year II - Semester Examination, August /
September 2016
Subject : LAW
PAPER - III : CONSTITUTIONAL LAW - II

Time: 3 Hours Max. Marks: 80

PART - A (5 x 6 = 30 Marks)
Answer any FIVE of the following:
1. Executive Power.
2. Anti Defection Law.
3. Curative Petition.
4. Doctrine of Pith and Substance.
5. Full Faith and Credit Clause.
6. National Emergency.
7. All Indian Services.
8. Judicial Accountability.

PART - B (2 x 15 = 30 Marks)
Answer any TWO of the following questions:
9. Explain the Powers of President of India with special reference to the Pardoning Powers.
10. Discuss the Collegium System of Appointment of Judges of the Higher Judiciary in India.
Explain the advantages of making such appointments through the National Judicial
Appointments Commission (NJAC).
11. Analyse the Doctrine of Repugnancy with the help of decided cases.
12. What amounts to 'Failure of Constitutional Machinery in a State' under Article 356?
Explain with the help of leading cases on the Topic.

PART - C (2 x 10 = 20 Marks)
Answer any TWO of the following questions:
13. A non-legislator was appointed as a minister in state cabinet. He could continue as such
only for six months, as he could not get elected either as MLA or MLC during such time.
After a week, he was again appointed as a minister in the same cabinet even though he
was still a non-legislator. The second appointment was challenged as unconstitutional.
Decide.
14. A state legislature enacted a law on regulation of loud speakers in the state, to protect
public health. It was challenged on the ground that the state made law on a central
subject, namely 'broadcasting'. Decide.
15. The police fired on a violent mob which tried to attack a police station where an accused
was kept. To diffuse the situation, Lathi charge was also made. In the process 10 persons
got injured seriously. A NGO filed a PIL in the High Court seeking damages from the
police for the injured. Is such PIL maintainable? Decide.
16. The Parliament proposes to remove the word 'Socialist' from the Preamble to the
Constitution. Decide the constitutional validity of such a move.

Part A · 6 marks

  1. Executive Power.
    Year and frequency →
  2. Anti Defection Law.
    7× in bank Topics: Anti-defection: Tenth Schedule
    Year and frequency →
  3. Curative Petition.
    2× in bank
    Year and frequency →
  4. Doctrine of Pith and Substance.
    3× in bank
    Year and frequency →
  5. Full Faith and Credit Clause.
    Year and frequency →
  6. National Emergency.
    Year and frequency →
  7. All Indian Services.
    Year and frequency →
  8. Judicial Accountability.
    7× in bank
    Year and frequency →

Part B · 15 marks

  1. Explain the Powers of President of India with special reference to the Pardoning Powers.
    Year and frequency →
  2. Discuss the Collegium System of Appointment of Judges of the Higher Judiciary in India. Explain the advantages of making such appointments through the National Judicial Appointments Commission (NJAC).
    Year and frequency →
  3. Analyse the Doctrine of Repugnancy with the help of decided cases.
    Year and frequency →
  4. What amounts to 'Failure of Constitutional Machinery in a State' under Article 356? Explain with the help of leading cases on the Topic.
    Year and frequency →

Part C · 10 marks

  1. A non-legislator was appointed as a minister in state cabinet. He could continue as such only for six months, as he could not get elected either as MLA or MLC during such time. After a week, he was again appointed as a minister in the same cabinet even though he was still a non-legislator. The second appointment was challenged as unconstitutional. Decide.
    Year and frequency →
  2. A state legislature enacted a law on regulation of loud speakers in the state, to protect public health. It was challenged on the ground that the state made law on a central subject, namely 'broadcasting'. Decide.
    Year and frequency →
  3. The police fired on a violent mob which tried to attack a police station where an accused was kept. To diffuse the situation, Lathi charge was also made. In the process 10 persons got injured seriously. A NGO filed a PIL in the High Court seeking damages from the police for the injured. Is such PIL maintainable? Decide.
    Year and frequency →
  4. The Parliament proposes to remove the word 'Socialist' from the Preamble to the Constitution. Decide the constitutional validity of such a move.
    Year and frequency →