Constitutional Law – II · Semester 2

Constitutional Law – II · August/September 2019

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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 2019

August/September 2019 · Constitutional Law – II · Semester 2

Code No. 15673
FACULTY OF LAW
LL.B. (3 YDC) / LL.B. (Hons.) (3 YDC) I - Year II - Semester Examination, August /
September 2019
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. Effect of Anti Defection Law.
2. Collective Responsibility.
3. Pardoning Powers of the President.
4. Curative Petition.
5. Doctrine of Repugnancy.
6. Doctrine of Pleasure.
7. Act of State.
8. Judicial Accountability.

PART - B (2 x 15 = 30 Marks)
Answer any TWO of the following questions:
9. Explain the relation between the President and the Union Council of Ministers.
10. Make a critical analysis of the Supreme Court Judgment in "Supreme Court Advocates on
Record Association V. Union of India" (2015, SC) in the context of challenge to the NJAC
Act.
11. Explain the recent trends in relation to the tortious liability of the State.
12. Discuss the evolution of the Basic Structure Theory in India.

PART - C (2 x 10 = 20 Marks)

Answer any TWO of the following questions:
13. The Speaker of Lok Sabha expelled 20 members for receiving money for raising questions
in the house on behalf of vested interests. They challenged the expulsion before the
Supreme Court. Decide.
14. A State Government issued several ordinances continuously on the same subject without
introducing a regular Bill in the State Legislature. Decide the Constitutional validity of
such practice.
15. A State has issues with its neighbouring state regarding the sharing of the waters of a
river flowing across both the States. What is the constitutional mechanism to resolve the
said dispute? Explain.
16. All the 150 public servants working in a Government department were dismissed from
service, as most of them participated in a Dharna cum Gherao Programme. No inquiry
was conducted on the ground of impracticability. Discuss the validity of such dismissal.

[Note: Generally the problems are asked basing upon Sections, Illustrations and case-laws.
The student is advised to refer to relevant sections, illustrations and case-laws.]

Part A · 6 marks

  1. Effect of Anti Defection Law.
    Topics: Anti-defection: Tenth Schedule
    Year and frequency →
  2. Collective Responsibility.
    2× in bank
    Year and frequency →
  3. Pardoning Powers of the President.
    7× in bank
    Year and frequency →
  4. Curative Petition.
    2× in bank
    Year and frequency →
  5. Doctrine of Repugnancy.
    4× in bank
    Year and frequency →
  6. Doctrine of Pleasure.
    3× in bank
    Year and frequency →
  7. Act of State.
    Topics: Liability of the State and freedom of trade: Articles 298–307; Union and State executive and legislatures; Administrative relations, inter-State cooperation and the 73rd/74th Amendments
    Year and frequency →
  8. Judicial Accountability.
    7× in bank
    Year and frequency →

Part B · 15 marks

  1. Explain the relation between the President and the Union Council of Ministers.
    Topics: Union and State executive and legislatures; Services under the Union and the States; Election Commission
    Year and frequency →
  2. Make a critical analysis of the Supreme Court Judgment in "Supreme Court Advocates on Record Association V. Union of India" (2015, SC) in the context of challenge to the NJAC Act.
    Topics: Union and State executive and legislatures; Supreme Court of India; Services under the Union and the States; Election Commission
    Year and frequency →
  3. Explain the recent trends in relation to the tortious liability of the State.
    Topics: Liability of the State and freedom of trade: Articles 298–307; Union and State executive and legislatures; Administrative relations, inter-State cooperation and the 73rd/74th Amendments
    Year and frequency →
  4. Discuss the evolution of the Basic Structure Theory in India.
    Topics: Supreme Court of India; Amendment of the Constitution and the basic structure
    Year and frequency →

Part C · 10 marks

  1. The Speaker of Lok Sabha expelled 20 members for receiving money for raising questions in the house on behalf of vested interests. They challenged the expulsion before the Supreme Court. Decide.
    Topics: Supreme Court of India
    Year and frequency →
  2. A State Government issued several ordinances continuously on the same subject without introducing a regular Bill in the State Legislature. Decide the Constitutional validity of such practice.
    Topics: Union and State executive and legislatures; Liability of the State and freedom of trade: Articles 298–307; Administrative relations, inter-State cooperation and the 73rd/74th Amendments
    Year and frequency →
  3. A State has issues with its neighbouring state regarding the sharing of the waters of a river flowing across both the States. What is the constitutional mechanism to resolve the said dispute? Explain.
    Topics: Liability of the State and freedom of trade: Articles 298–307; Union and State executive and legislatures; Administrative relations, inter-State cooperation and the 73rd/74th Amendments
    Year and frequency →
  4. All the 150 public servants working in a Government department were dismissed from service, as most of them participated in a Dharna cum Gherao Programme. No inquiry was conducted on the ground of impracticability. Discuss the validity of such dismissal. [Note: Generally the problems are asked basing upon Sections, Illustrations and case-laws. The student is advised to refer to relevant sections, illustrations and case-laws.].
    Year and frequency →