KSLU Solved Question Papers
Constitutional Law I
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 3
2018 Dec Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 3 Constitutional Law I 2018 Dec Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2018 Dec examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2018 Dec examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2018 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
Instructions printed on the paper
- N.B. (1) Answer all five Units. (2) One essay type question and a short note/problem is compulsory from each Unit. (3) Figures to the right indicate marks. (4) Answer should be written completely either in English or in Kannada.
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.
Q1
Unit 1
(a)Critically examine the federal character of the Indian Constitution.[10]
Answer
For full marks, cover: the meaning of a federal constitution and its essential features; the federal features of the Indian Constitution with articles; the unitary features that weaken them; the views of the courts (State of West Bengal v. Union of India, State of Rajasthan v. Union of India, S.R. Bommai); the usual descriptions (quasi-federal, cooperative federalism); a conclusion.
What federalism means
A federal constitution divides governmental power between a central government and regional governments. Each is supreme within its own field. The classic example is the United States. A federation usually has five features:
- two sets of governments, central and regional;
- a written constitution dividing powers between them;
- a supreme constitution that both must obey;
- a rigid procedure of amendment, so that one side cannot alter the division alone; and
- an independent court to settle disputes between them.
The federal features of the Indian Constitution
1. Two sets of government. There is a Union Government and a government in each State. Each has its own legislature, executive and civil service.
2. Division of powers. Article 246 and the Seventh Schedule divide legislative subjects into three Lists. The Union List is the longest and covers national subjects such as defence and foreign affairs. The State List covers local matters such as police and public health. The Concurrent List covers subjects on which both may legislate. Executive power follows legislative power.
3. Written and supreme Constitution. The Constitution is written and binds both the Union and the States. A law beyond the competence of the legislature that made it is void.
4. Rigid amendment of federal provisions. Under the proviso to article 368(2), amendments affecting the federal structure need ratification by at least half the State Legislatures. Examples are the Lists, representation of States in Parliament and the High Courts.
5. Independent judiciary. The Supreme Court has original jurisdiction under article 131 to decide disputes between the Union and the States, and between States. In State of Karnataka v. Union of India, AIR 1978 SC 68, the Union appointed a commission of inquiry into charges against the Karnataka Chief Minister. Karnataka sued under article 131. By four to three, a seven-judge Bench held that the State could bring such a suit. But it upheld the Union's power to appoint the commission.
6. Bicameral Parliament. The Rajya Sabha represents the States.
7. Division of revenue. The Constitution allots taxes to the Union and the States, and a Finance Commission under article 280 recommends how shared taxes are divided.
The unitary features
1. Strong Centre. The Union List is the largest, and the residuary power belongs to Parliament under article 248.
2. Power over State boundaries. Under article 3, Parliament may form new States or change the boundaries of a State. It needs only to consult the State's Legislature, not obtain its consent.
3. Governors appointed by the Centre. The Governor of each State is appointed by the President and holds office during his pleasure.
4. Parliament may legislate on State subjects. This may happen in four cases:
- in the national interest, after a Rajya Sabha resolution (article 249);
- during an emergency (article 250);
- on the request of two or more States (article 252); and
- to implement a treaty (article 253).
5. Emergency powers. During a national emergency under article 352, the Union may direct the States and legislate on any subject. Under article 356, it may take over the government of a State.
6. Single citizenship, integrated judiciary and all-India services. There is one citizenship, one hierarchy of courts and the All India Services under article 312.
7. One Election Commission and one Comptroller and Auditor-General for the whole country.
What the courts have said
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 and its property could not be taken. By a majority, the Court rejected this. It said the Constitution is not truly federal. The States are not sovereign, and the Union has wide powers.
State of Rajasthan v. Union of India, AIR 1977 SC 1361. After the 1977 Lok Sabha election, the Union Home Minister asked nine States to dissolve their Assemblies. Six States sued under article 131. The suits were dismissed. The Court treated the question as largely political and declined to interfere.
S.R. Bommai v. Union of India, (1994) 3 SCC 1. Nine judges reviewed the dismissal of several State Governments under article 356. They held that federalism is a basic feature of the Constitution. They described India as a federation with a bias in favour of the Centre. Within their own sphere the States are supreme. A proclamation under article 356 is open to judicial review, and must rest on relevant material.
How to describe the Indian system
K.C. Wheare called the Indian Constitution quasi-federal. Others describe it as federal in form but unitary in spirit. Some call it cooperative federalism, where the Union and the States work together. Dr. Ambedkar explained that it can be both federal and unitary as the time and circumstances require. It is federal in normal times and unitary in an emergency.
Conclusion. The Indian Constitution has all the essential features of a federation. There are two sets of government, a written and supreme Constitution and a division of powers. Federal provisions are hard to amend, and an independent judiciary settles disputes. But it gives the Union far more power than a classic federation, through the residuary power, article 3, Governors and emergency powers. As Bommai holds, India is a federation with a strong Centre, and federalism is part of its basic structure.
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