Time allowed: Three hours Maximum Marks: 300
Thefigures in The margin indicate[iiltl1larksfor The questions.
Answer Question Nos. 1 and 5 and any three of the remaining questions, selecting at least one fi'om each Section.
SECTION-A


1. Answer any three of the foHowing (each answer should be in about 200 words). 20x3=60
a.
Why fundamental rights are called fundamental rights and how these rights differ fi'om constitutional and other legal rights. Discuss and support your answer with case law.

b.
Discuss the position of President citing relevant provisions of Constitution of India and the role of fonner President, Giani Zail Singh regarding the Indian Post Office (Amendment) Bill.

c.
Identify and discuss the relevant provisions of Constitution ofIndia relating to distribution oflegislative powers between the Union and the States.

d.
Identifying the essentials of "essential legislative function" discuss the law relating to control of delegate legislation. Discuss and supportyouranswer withcaselaw.



2. a. "In the aftermath of Basic Structure and Habeas Corpus cases, the practiceofappointingthesenior mostJudgeas the ChiefJusticewas not followed and the boys who wrote the best essays in these cases were awarded the first prize each." rn the light of tbis statement discuss the interpretation, as given by the Supreme Court, of the­words" Chief Justice of India shall always be consulted" in case of appointmentofaJudgeoftheSupremeCourt. 30
b. Explaining the meaning of"civil servant" and "civil post" in the light ofcase law discuss the law relating to "need ofan inquiry orofgiving

notice or of providing an opportunity of hearing" for removal or
dismissal or reduction in rank ofa civil servant as enunciated by the
Supreme Court. 30
3. a. Which High Courts in India are the Letters Patent Courts and how the
jurisdiction ofthese Courts differs from other High Courts. In what
circumstances the Supreme Court of India can interfere with the
concurrent findings offacts while exercising appellate jurisdiction.
Discuss and support your answer with case law. 30
b. "The power to amend the Constitution does not flow from the
provisions ofArticle 368." Discuss the statement in the light ofcase
law and clearly identify the reasons why this Article says,
"Constitution shall stand amended" and does not say that the
Constitution shall sit amended. 30
4. a. Tracing the history of "Judicial Review" since Dr: Bonham case
identify and explain the grounds ofjudicial review ofadministrative
action clearly identifying the grounds on which administrative
actions cannot be reviewed by the Court. Discuss and support your
answer with case law. 30
b. Tracing the history of Parliamentary Privileges identify and discuss
the reasons of its necessity and jurisprudence of Parliamentary
Privileges as evolved by the Supreme CourtofIndia. 30

SECTION

5. Answer any three of the following (each answer should be in about 200 words). 20x3=60
a. Identifying the grund norm ofInternational Legal System as viewed by Hans Kelsen discuss the reasons why Kelsen says-that International Law is not only a law but is also superior to Municipal
Law
b. Explaining the "Inverted Consensus" model of WTO regime distinguish it from the "Consensus" model of ICJI with suitable examples. Which of these' two models, in your opinion, is more
effecti ve for dispute settlement and why.
c. "The Court requires a high standard of proof of the issue ofopiJlio
juris" Explain the statement in the light of Lolus, North Sea ColltinentaIShe!{, and Nicaragua v. Us.
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d. Identifying the basis ofclassification ofinternational treaties discuss
tbe generally accepted norms relating to 'reservation' of a State to a treaty.

6. a. Explaining the versions of"dualism" in the context ofthe doctrines of
"Transformation" and "Incorporation" discuss tbe approach of
Supreme Court of India in dealing with the conflict between
International Law and Municipal Law. 30
b. Discuss the legality of use of forcible measures to occlude alleged
sources oftenorism by individual States without the consent oqhe
territorial sovereign andlor the United Nations. Whether such a
method ofocclusion can be used to penmmently occupy the tenitory
of alleged source of tenorism? Discuss in the light of recent
events. 30

7. a. Discussing the concept or"'Territorial Jurisdiction" under International Law explain the meaning of "high seas" both in the traditional sense and in the sense of the Convention on the Law of Sea. 1982. Identifying the four "freedoms ofhigh seas" examine the decision inFisheries case. 30
b. Clearly locating the locus ofindividuals in International Law discuss the concept of "human right to development." Also explain the role of the United Nations in protection and promotion of human rights.
30

8. a. Discusstbelegalcriteria of"Statehood"anddistinguish"Statehood" from "States in Status Nascendj" identifying tbe problems in readily upholding the distinction between status' nascendi and statehood. Support your answer with examples. 30
b. Discuss the concept ofJus Cogens and its significance in dealing with the problems of incidents of illegality in the affairs of Nations. Support your answer with examples. 30
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