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B.A. LL.B. (Five Years) Sem 3 Constitutional Law I 2011 Jan Question Paper with Solutions - KSLU

KSLU Solved Question Papers

Constitutional Law I

Previous Year Question Paper with Solution

B.A. LL.B. (Five Years) · Sem 3

2011 Jan Examination

munotes.in

Mumbai

First published on munotes.in on 21 October 2026.

Published by munotes.in, Mumbai.

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

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The Paper as Set

The questions in this volume are the questions asked at the 2011 Jan 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 100 · 4 questions answered

Instructions printed on the paper

N.B. (1) Answer all 5 Questions. (2) One essay type and one short note question or problem from each unit have to be attempted, which is referred as part (a) and (b) in all the units. (3) Figures to the right indicate marks. (4) Answers should be written either in English or Kannada completely.

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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)"The Indian Constitution is neither Federal nor unitary but is a combination of both". Discuss.[15]

Answer

For full marks, cover: the three ways the statement is put (federal in features but unitary in character; quasi-federal; a combination of both); the tests of a federation and how India meets them; the unitary devices, grouped as normal-time, crisis-time and structural; what the courts have said over time (State of West Bengal v. Union of India, S.R. Bommai, Union of India v. Mohit Minerals, In re Article 370, Government of NCT of Delhi); which description fits best; a conclusion.

The statement

Students meet this idea in three forms. Some say the Constitution is federal in features but unitary in character. Some call it quasi-federal, a phrase used by the scholar K.C. Wheare. Others call it neither federal nor unitary, but a combination of both. All three say the same thing: India has the structure of a federation, but the Centre is much stronger than in a classical federation. The task is to test that claim against the text and the cases.

The tests of a federation, and how India meets them

A federation is usually marked by five features. India has each of them.

Two levels of government. The Union and the States each have their own legislature and executive, both drawing authority from the Constitution.
Division of powers. The Seventh Schedule divides legislative subjects into the Union List, the State List and the Concurrent List. In its own field, each level is supreme.
A written, supreme Constitution. Neither level can change the division of powers by ordinary law.
Rigid amendment of federal provisions. Some changes need ratification by at least half the States, under the proviso to article 368(2). These include changes to the Lists and to the representation of States in Parliament.
An independent judiciary as umpire. The Supreme Court decides disputes between the Union and the States under article 131, and can strike down laws that cross the line.

So in form, the Constitution is federal.

The unitary devices

In normal times.

Single citizenship and a single Constitution for the Union and the States, with no separate State constitutions.
A strong Union List and residuary power. The Union List holds the most important subjects, and residuary power belongs to Parliament under article 248. In the Concurrent List, a central law prevails under article 254.
Parliament may legislate on State subjects in three situations. It may act in the national interest after a Rajya Sabha resolution (article 249). It may act with the consent of States (article 252), or to implement treaties (article 253).
The Governor is appointed by the President and holds office during his pleasure. He may reserve State Bills for the President.
All-India Services under article 312 staff key posts in the States but are controlled by the Union.

An integrated judiciary, with the Supreme Court at the top, and common bodies such as the Election Commission and the Comptroller and Auditor-General.
Fiscal dependence. The States depend heavily on the Union for revenue through tax-sharing and grants.

In a crisis.

During a national emergency under article 352, the Union may direct the States, and Parliament may legislate on the State List.
Under article 356, the President may take over a State Government, and Parliament its legislative powers.
During a financial emergency under article 360, the Union may direct the States on financial matters.

In the structure itself.

Under article 3, Parliament may form new States and change their boundaries or names by ordinary law. The views of the State concerned are not binding.
The States are not equally represented in the Rajya Sabha; seats depend on population.

These devices are why the Constitution is said to be unitary in character.

A comparison with the United States

Point	United States	India
Origin	An agreement among existing States	Created by the Constitution; States are not parties to an agreement
Citizenship	Dual: of the nation and of a State	Single citizenship
Constitutions	Each State has its own	One Constitution for all
Boundaries of States	Cannot be changed without the State's consent	Parliament may change them by ordinary law under article 3
Upper House	Equal representation of States	Representation by population
Residuary power	With the States	With the Union

The comparison shows why India is described as a federation with a strong Centre. Its federal design was chosen to keep a vast and diverse country together, not to bind together States that existed before it.

Cooperative institutions

Indian federalism also works through bodies in which the Union and the States act together.

The Finance Commission under article 280 recommends how tax revenues are shared between the Union and the States.
The GST Council under article 279A brings the Union and all States together to recommend tax rates and rules.
The Inter-State Council under article 263 may be set up to discuss common subjects.

These bodies show that the system is not only a matter of control from above, but also of bargaining and cooperation. Mohit Minerals, discussed below, shows how the courts protect that bargaining space.

What the courts have said

1962: "not truly federal". State of West Bengal v. Union of India, AIR 1963 SC 1241. The Union proposed to acquire coal-bearing land owned by West Bengal under a central Act. The State argued that it was sovereign in its own field. The majority rejected this. The Constitution is not truly federal, and full sovereignty does not vest in the States. Parliament, which can even destroy a State under article 3, can acquire its property.

1994: federalism as a basic feature. S.R. Bommai v. Union of India, AIR 1994 SC 1918. After State Governments were dismissed under article 356, nine judges held that the Constitution creates a federation with a bias in favour of the Centre. Within their sphere, the States are supreme, and they are not mere appendages of the Centre. Federalism is a basic feature, and article 356 is subject to judicial review.

2022: a dialogue. Union of India v. Mohit Minerals Pvt Ltd, (2022) 10 SCC 700. The question was whether recommendations of the GST Council bind the Union and the States. The Court held they do not, because treating them as binding would disrupt fiscal federalism. It described Indian federalism as "a dialogue between cooperative and uncooperative federalism".

2023: asymmetric federalism. In re Article 370 of the Constitution, decided on 11 December 2023. Five judges upheld the abrogation of the special status of Jammu and Kashmir. They held that article 370 was a feature of asymmetric federalism, not of sovereignty. They also held that the views of a State legislature under article 3 are only recommendatory. This confirms the Union's power over the very shape of the States.

2023: the sphere of an elected government. Government of NCT of Delhi v. Union of India, decided on 11 May 2023. Five judges held that the elected government of Delhi has legislative and executive power over services, except the excluded subjects. So even a unit that is not a full State has its own protected sphere.

Which description fits best?

"Federal in features but unitary in character" captures the text: a federal structure with strong unitary devices.
"Quasi-federal" fits the working of the system in its early decades, especially when article 356 was freely used.
"A combination of both" fits the present position best. In normal times the system is federal and cooperative. In a crisis it can become almost unitary. Since Bommai, the courts have protected the States' sphere against misuse of the Centre's powers.

Conclusion. The Indian Constitution has every feature of a federation. It has two levels of government, a division of powers, a supreme written Constitution, rigid amendment of federal provisions and an independent judiciary. But it adds strong unitary devices, from article 3 and the Governor to emergencies and article 356. State of West Bengal called it not truly federal. Bommai made federalism a basic feature with a bias towards the Centre, and Mohit Minerals describes a dialogue between cooperation and contest. It is best described as a federation with a strong Centre, a combination of federal and unitary elements, which becomes more unitary in a crisis.

B.A. LL.B. (Five Years) Sem 3 Constitutional Law I 2011 Jan Question Paper with Solutions

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