I.D.
END TERM EXAMINATION, NOVEMBER 2017
B.A.LL.B. (HONS.)
SEMESTER-VII IX
CG (Hons.-I)-Compensatory Discrimination
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by each question is indicated at the end of the question.
1. Answer the following (each answer should be in approximately 100 words) (Marks
a. Protective Discrimination and Reverse Discrimination
b. Sanskritisation of Caste
c. Horizontal Reservation and Vertical Reservation
d. Impact of Migration on Reservation
e. Protection Officer under the Protection of Women from Domestic Violence Act, 2005
f. Objectives of the Protection of Civil Rights Act, 1976
g. Adequate Representation does not mean Proportional Reservation
h. Impact of Adoption on Reservation
i. Judicial Approach towards Reservation in Super-Speciality Courses
j. Justification for Exclusion of Creamy Layer from benefits of Reservation Policy
2. "The Backward Class of citizens are classified as a separate category deserving a separate treatment and reservation in appointments (posts) in the services of the State. Therefore Article is to be read along with Article and is a facet of Article 16(1). At the same time the doctrine of equality is not to be eroded away and the concept of equality needs to be preserved and administrative efficiency should be kept in view while giving preferential treatment to Backward Classes." In the light of given statement critically examine the judicial decisions in the following cases and give your own comments analysing the impact of the decisions:
a. General Manager, Southern Railway v. Rangachari AIR 1962 SC 36
b. Balaji v. State of Mysore AIR 1963 SC 649
c. T. Devadasan v. UOI AIR 1964 SC 179
d. State of Kerala v. N.M. Thomas AIR 1976 SC 490 (Marks 2.5×4=10)
3. "Caste is a brahmanic child of Indo-Aryan Culture cradled in the land of the Ganges and hence transferred to other parts of India". In the light of given statement explain the Aryan Origin Theory and the influence of the Aryan Culture on the origin and development of Caste System in India. Also point out the merits and demerits highlighted by various authors with respect to the Caste System. (Marks 10)
4. "The Private Educational Institutions are a necessity in the present day context. It is not possible to do without them. They need to have autonomy to regulate their own administration and fee structure. At the same time the private unaided educational institutions are allowed to make profits but not profiteering." In the light of given statement critically examine the judicial decisions in the following cases and give your own comments by analysing the impact of the decisions on private unaided educational institutions:
a. Unnikrishnan v. State of Andhra Pradesh 1993
b. The Pai Foundation Case 2002
c. Islamic Academy of Education v. State of Karnataka 2003
d. P.A. Inamdar v. State of Maharashtra 2005 (Marks 2.5×4=10)
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5. "The areas inhabited by aboriginals are given a different treatment from the rest of the country as the scheduled tribes and aboriginals are having different patterns of living and are socially and economically backward." In the light of given statement explain the meaning of Scheduled Tribes. Discuss the various provisions in Indian Constitution for the administration of Scheduled Areas and Tribal Areas. (Marks 10)
6. Explain the Following:- (Marks
a. Salient Features of The Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989 highlighting its merits and demerits
b. Reservation in Judicial Services
7. "Women have always been discriminated against and have suffered discrimination in silence. It is necessary to take ameliorative steps so that women as a class may make progress and are able to remove their disabilities as soon as possible."In the light of given statement examine the various constitutional provisions and judicial decisions for the protection of rights of women in India. (Marks 10)