I.D. END TERM EXAMINATION, NOVEMBER 2017 B.A.LL.B. (HONS.) SEMESTER-III Constitutional Governance-I 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. Justiciable and Non justiciable rights b. Are commercial advertisements protected under Article c. 42nd amendment and the Preamble d. Doctrine of Eclipse e. Does the power of the Parliament under Article include the power to cede Indian Territory to a foreign state? f. What is the nature of relief that can be sought under Article 32? g. Freedom of association as a fundamental right h. Distinguish between the rights envisaged under Article and i. Role of Fundamental duties j. Right to propagate religion includes religious conversion. Comment

2. Explain the significance and impact of the "Instrumentality test" suggested by Matthew J. In Sukhdev Singh v. Bhagat Ram AIR 1975 SC 1331 regarding the interpretation of "other authorities" under Article 12. (Marks 10)

3. In 2014, illicit liquor in Vindhya Pradesh claimed 101 lives. In 2015, there have been various cases in the state for which the root cause of concern has been the heavy consumption of alcohol. The citizens of Vindhya Pradesh and various NGOs have raised several concerns with respect to the menace being caused due to high proliferation of alcohol, affecting health, safety and lives of citizens. In January 2016, the Government of Vindhya Pradesh issued a notification called the "Vindhya Pradesh Prohibition Order, 2016." In terms of the order, there was a complete prohibition on the "sale, distribution, marketing and consumption of whiskey, wine, rum, vodka, gin, tequila or any other alcohol" within the territory of the State. However, the said order expressly excluded Beer and any other alcoholic beverage where the alcohol content is less than from the ambit of prohibition. Aggrieved by the said order, United Liquor Pvt. Ltd., the largest manufacturer of premium whiskey, vodka and beer, filed a petition under Article 32 of the Constitution alleging that the Prohibition order violated its fundamental rights. Discuss the various Fundamental Rights involved in the matter on behalf of the petitioner and the respondent. Further, illustrate the nexus between Articles 14, 19 and 21 of the Indian Constitution. (Marks 10) Page No. 1/2

4. Analyse with relevant judicial decisions, the components of Right against self incrimination as envisaged under the Constitution of India. (Marks 10)

5. Mr. a Police Inspector, visited the hut of one Mrs. B w/o Mr. A in uniform and demanded to have sexual intercourse with her. On her refusal, he tried to ravish her by force. She resisted his attempt and made a hue and cry. During proceedings, she alleged violation of her fundamental right to privacy, among other rights. However, she was proved to be a woman of questionable character involved in prostitution and the High Court held that there was no such violation since Mrs. B is an unchaste woman. Is the decision valid? Discuss the scope of right to privacy as a fundamental right in India. (Marks 10)

6. What is meant by "religious denomination"? Discuss the various rights conferred on the religious denominations under the Constitution. Are these rights absolute in nature? (Marks 10)

7. The Constitutional Courts in India have lately shown a good deal of flexibility with regard to the rule of legal standing in matters involving violation of fundamental rights. Discuss. (Marks 10)