ID No.
Mid Term Examination, September 2018
B.A. LL.B. (HONS.)
SEMESTER III Constitutional Governance-I
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: Answer any TWO questions out of three.
The number of marks carried by each question is indicated at the end of the question.
1. Discuss the provisions of Indian Constitution and their interpretations by the Supreme Court of India in the following situations: (Marks 2.5 ×
a. Two states named Eastern Uttar Pradesh and Western Uttar Pradesh has to be formed by dividing territory of existing Uttar Pradesh in two parts.
b. There is a demand to change the name of State of West Bengal to State of Bangla.
c. A certain area falling within the territory of China has been acquired by the Government of India and this acquired area has to be merged within the State of Himachal Pradesh.
d. A certain area of Indian Territory situated in West Bengal has to be transferred to the Bangladesh.
2. Since India is a modern welfare state, its functions have been increased over the period of time. The Indian state has to draft and implement welfare policies and schemes. Furthermore, the government needs the assistance of different departments, agents, and private bodies or individuals, for performing essential public functions. However, the State cannot escape from their responsibility to protect individuals‟ fundamental rights. Currently, many private bodies and individuals engage in various commercial and non-commercial activities and perform numerous functions of public importance affecting individuals' fundamental rights. But due to lack of broadest meaning of an individual could not enforce his or her fundamental rights against these private or non-state actors.
Critically examine the above statement on the basis that "Article 12 is a special definition with a broader goal, in the light of new socio-economic realities of 21st century India. (Marks 10)
3. Article 13 mandates that any law in force in the country before or after the commencement of Constitution should not violate the fundamental rights of citizens enshrined in Part III and includes in its ambit any "ordinance, order, by-law, rule, regulation, notification and even customs and usages" passed or made by the Legislature or any other "competent authority". In the light of given statement explain:
a. Whether Personal Laws are law or not?
b. Whether Constitutional Amendment is covered within the meaning of or not?
Elucidate your answer with recent decisions and the decisions given by the Indian courts in past. (Marks 5 ×