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B.A. LL.B. (Five Years) Sem 2 Political Science (Organisation and Institutions) 2019 Dec Question Paper with Solutions

KSLU Solved Question Papers

Political Science (Organisation and Institutions)

Previous Year Question Paper with Solution

B.A. LL.B. (Five Years) · Sem 2

2019 Dec Examination

munotes.in

Mumbai

First published on munotes.in on 2 November 2026.

Published by munotes.in, Mumbai.

Model answers written and edited by the munotes.in editorial desk.

Passages from this volume may be quoted, in print, online or by an AI system, with credit: name munotes.in and link to this volume's page. The volume may not be reproduced as a whole. Full terms at munotes.in/content-license.

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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.

The question paper reproduced here is the paper as set by Karnataka State Law University at the 2019 Dec examination.

The questions below are the paper as Karnataka State Law University set it at the 2019 Dec examination, in the order it was set.

MarksPage

The Paper as Set

The questions in this volume are the questions asked at the 2019 Dec examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.

Duration 3 hours · Total marks 80 · 20 questions answered

How to use this volume

Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.

Read the original question paper

Q1

Unit I

(a)Define Constitution. Explain the essentials for the success of Constitution.[10]

Answer

For full marks, cover: the origin of the word; three or four definitions (Cooley, Borgeaud, Miller J, Bryce); the constitution as a fact and as a document; the conditions of a good constitution under four heads: its three essential parts (Garner), its qualities of form, its safeguards, and its foundations; an Indian illustration (Kesavananda Bharati); and a conclusion.

The word

Garner explains that the word "constitution" was first used for certain laws issued by the English crown. The statutes of Henry II on the relations of king and clergy were called the "Constitutions of Clarendon." Today it means the fundamental law of a state.

Definitions

Judge Cooley: "the fundamental law of the state, containing the principles upon which government is founded, regulating the division of the sovereign powers and directing to what persons each of these powers is to be confided and the manner in which it is to be exercised." He offered a shorter form too: "the body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised."
Borgeaud: "A constitution is the fundamental law according to which the government of a state is organized and agreeably to which the relations of individuals or moral persons to the community are determined."
Justice Miller (United States): "a written instrument by which the fundamental powers of government are established, limited, and defined". By it "those powers are distributed among several departments".
Bryce: the rules "which determine the form of its government and the respective rights and duties of it toward its citizens and of the citizens toward the government."

In short, a constitution creates the organs of government, gives and limits their powers, and fixes the rights of citizens.

A fact and a document

Garner notes that every state has a constitution in the sense of its actual make-up, however rudimentary. In the narrower sense it is the body of rules, written or unwritten, by which government is organised. India and the United States have written documents; Britain's rests largely on custom and convention.

Conditions of a good constitution

A. It must contain three essential parts. Garner says a typical written constitution has "three sets of provisions":

Rights and limits: "the fundamental, civil, and political rights of the citizens", with limits on government to secure them. Garner calls this "the constitution of liberty".
The frame of government: the organisation of the government, its powers, its administration, and the electorate. This is "the constitution of government".
The amending process: the mode by which "formal changes in the fundamental law may be brought about". This is "the constitution of sovereignty".

B. It must have the right form.

Definiteness. Its words should leave no doubt. The advantages of a written constitution are "certainty, definiteness, and stability."
Brevity. It should state fundamentals and leave detail to ordinary law. Garner calls the American Constitution "a model of brevity".
Completeness. Brief as it is, it must cover every essential matter.

C. It must carry safeguards.

An independent judiciary to interpret it and enforce its limits.
Division of power with checks, so that no organ becomes supreme.
A balanced amending clause, "neither so rigid as to make needed changes practically impossible nor so flexible as to encourage frequent and unnecessary change."

D. It must rest on firm foundations.

Consent of the people, given through a constituent assembly or a referendum.

Harmony with national life. Cooley said the best constitution is "the natural outgrowth of the national life". A constitution that breaks with a nation's past seldom lasts.
Capacity to grow. Lord Brougham said: "Constitutions must grow, if they are of any value". Growth comes through usage, interpretation and amendment.

Head	Conditions
Essential parts	Rights, frame of government, amendment
Form	Definiteness, brevity, completeness
Safeguards	Independent courts, checks, balanced amendment
Foundations	Consent, national life, growth

Signs of a bad constitution

The conditions are clearer when set against their opposites.

Overloaded. Garner criticises American State constitutions that grew into "codes of ordinary statute law". Detail ages fast and forces constant amendment.

Too rigid or too loose. A constitution that cannot change invites revolution; one that changes too easily gives no security.
Imposed from above. A charter granted by a ruler can be withdrawn by him. Cooley denied that such grants were true constitutions.
Foreign to the people. The French constitutions of the 1790s broke with the nation's past and did not last.

An Indian illustration

India's Constitution has all three essential parts: Part III (rights), the frame of the Union and the States, and article 368 (amendment). Its independent courts guard its limits. In Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461, the Supreme Court held by seven to six that the amending power does not extend to destroying the basic structure. Khanna J said it "does not include power to abrogate the Constitution nor does it include the power to alter the basic structure or framework of the Constitution". This keeps the balance of a good constitution: it can grow, but its identity is safe.

Conclusion. A constitution is the fundamental law that organises government, limits its powers and fixes citizens' rights. A good one contains Garner's three parts of liberty, government and sovereignty. It is definite, brief and complete, and is guarded by independent courts and a balanced amending clause. It rests on consent and national life and can grow. Kesavananda Bharati shows India protecting these qualities.

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