KSLU Solved Question Papers
Constitutional Law I
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 3
2019 Jun Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 3 Constitutional Law I 2019 Jun 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 2019 Jun examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2019 Jun examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2019 Jun 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 · 14 questions answered
Instructions printed on the paper
- N.B. (1) Answer Q. No. 4 and 5 and any two of the remaining questions in Part - (2) 2. Answer Q. No. 9 and 10 and any two of the remaining questions in Part - (3) 3. Marks are indicated against each question.
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.
Q4
Part 1
Q1Explain the salient features of Constitution of India.[16]
Answer
For full marks, cover: when and how the Constitution was made; its size and sources; at least fifteen of the eighteen salient features below, each explained with its articles; decided cases on the federal nature, the basic structure, secularism and judicial review; an assessment; a conclusion.
Introduction
The Constitution of India was framed by the Constituent Assembly between 1946 and 1949. It was adopted on 26 November 1949 and came into force on 26 January 1950. Dr. B.R. Ambedkar chaired the Drafting Committee.
The framers had to hold together a vast and diverse country, protect individuals against the State, and change an unequal society. The features they chose reflect these three aims. As adopted, the Constitution had 395 articles in 22 Parts and 8 Schedules. Today it has more than 450 articles and 12 Schedules.
1. The longest written constitution
It is the longest written constitution of any sovereign country. Four reasons explain the length.
- It provides for both the Union and the States in one document.
- It contains administrative detail, much of it taken from the Government of India Act 1935.
- It makes special provision for the Scheduled Castes, Scheduled Tribes, minorities and particular regions.
- It sets out fundamental rights, directive principles and emergency powers in full.
2. Drawn from many sources
The framers borrowed widely and adapted what they took.
- Government of India Act 1935: the federal scheme, the office of Governor, the emergency provisions and the public service commissions.
- United Kingdom: parliamentary government, the rule of law, single citizenship and the writs.
- United States: fundamental rights, judicial review, the independence of the judiciary and the office of Vice-President.
- Ireland: directive principles of State policy.
- Canada: a federation with a strong Centre and residuary power in the Union.
- Australia: the Concurrent List and freedom of inter-State trade.
3. Partly rigid and partly flexible
Article 368 sets out the main procedure. Some provisions, such as forming new States under articles 2 to 4, can be changed by a simple majority. Most need a special majority: a majority of the total membership of each House and two-thirds of those present and voting. Federal provisions also need ratification by half the State Legislatures. So the Constitution can grow without being easily altered.
4. Federal with a unitary bias
Article 1 calls India a "Union of States". Power is divided between the Union and the States by the Union, State and Concurrent Lists in the Seventh Schedule, read with article 246.
But the Centre is stronger. It holds the residuary power under article 248. It may change State boundaries under article 3. Governors are appointed by the President. During an emergency, the federation can work almost like a unitary State.
In State of West Bengal v. Union of India, AIR 1963 SC 1241, the Supreme Court held that the Constitution is not truly federal and that the States do not have full sovereignty. In S.R. Bommai v. Union of India, (1994) 3 SCC 1, nine judges described India as a federation with a bias in favour of the Centre. They held that federalism is a basic feature, and that within their sphere the States are supreme.
5. Parliamentary form of government
India follows the British model at the Centre and in the States. The President is the constitutional head. Real executive power lies with the Council of Ministers headed by the Prime Minister. The Council is collectively responsible to the Lok Sabha under article 75(3). Ministers must be members of Parliament, or become members within six months.
6. Fundamental rights
Part III, articles 12 to 35, guarantees rights to equality, freedom, protection against exploitation, freedom of religion, cultural and educational rights, and constitutional remedies. They limit the power of the State. Any law that violates them is void under article 13.
7. Directive principles of State policy
Part IV, articles 36 to 51, sets goals of social and economic justice. Examples are adequate livelihood, equal pay for equal work, and protection of the environment. Article 37 says they are not enforceable in court but are fundamental in governance.
8. Fundamental duties
Article 51A in Part IVA lists eleven duties of citizens. It was added by the Forty-second Amendment 1976, and clause (k) by the Eighty-sixth Amendment 2002.
9. Integrated and independent judiciary
There is one system of courts for the whole country. The Supreme Court is at the top, the High Courts are below it, and the subordinate courts below them. They decide both Union and State laws. Judges of the higher courts have security of tenure and salary, and can be removed only by a special process of impeachment.
10. Judicial review and the basic structure
Courts can strike down laws and even constitutional amendments that violate the Constitution. Articles 13, 32 and 226 are the basis.
In Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461, thirteen judges held that Parliament may amend any part of the Constitution but cannot destroy its basic structure. In Minerva Mills Ltd v. Union of India, AIR 1980 SC 1789, the Court held that judicial review and limited amending power are themselves part of that basic structure.
11. A secular State
The State has no religion of its own and treats all religions equally. Articles 25 to 28 protect religious freedom. "Secular" was added to the Preamble in 1976, and Bommai held secularism to be a basic feature.
12. Universal adult franchise
Every citizen aged eighteen or above can vote, without any test of property, education or sex, under article 326. This was a bold step in 1950 for a country where most people could not read.
13. Single citizenship
Unlike the United States, India has only one citizenship for the whole country, with no separate State citizenship.
14. Independent constitutional bodies
Certain bodies are protected from executive control so that they can act fairly.
- The Election Commission conducts elections under article 324.
- The Comptroller and Auditor-General audits public accounts under article 148.
- The Union Public Service Commission recruits civil servants under article 315.
- The Finance Commission recommends how revenue is shared under article 280.
Their members have security of tenure, and their conditions of service cannot be changed to their disadvantage after appointment.
15. Emergency provisions
The Constitution provides for national emergency (article 352), failure of constitutional machinery in a State (article 356) and financial emergency (article 360). The Forty-fourth Amendment 1978 added safeguards, and made articles 20 and 21 non-suspendable.
16. Supremacy of the Constitution and the rule of law
The Constitution is the supreme law. Every organ of the State, the legislature, the executive and the judiciary, gets its power from it and must act within it. Parliament is not sovereign in the British sense, because its laws can be struck down if they violate the Constitution. The rule of law means that no person is above the law, and that every official act needs legal authority. Article 14 gives effect to this idea.
17. Three tiers of government
The Seventy-third and Seventy-fourth Amendments 1992 gave constitutional status to panchayats (Part IX) and municipalities (Part IXA).
18. Special provisions for weaker sections
The Constitution reserves seats in legislatures and posts in services for the Scheduled Castes and Scheduled Tribes. It abolishes untouchability under article 17. It provides for national commissions to protect these groups.
Assessment
Critics have called it too long, a "lawyers' paradise", and too heavily borrowed. But its borrowing was selective, and the length has helped to protect rights in detail. The balance between rights in Part III and goals in Part IV is its most distinctive feature. In Indira Nehru Gandhi v. Raj Narain, AIR 1975 SC 2299, the Court treated free and fair elections as part of the basic structure. So democracy itself is protected against amendment.
| Feature | Main articles |
|---|---|
| Federal system with a strong Centre | 1, 246, 248, Seventh Schedule |
| Parliamentary government | 74, 75 |
| Fundamental rights and remedies | 12 to 35 |
| Directive principles | 36 to 51 |
| Amendment | 368 |
| Emergency | 352, 356, 360 |
Conclusion. The Constitution of India is a long, written document that blends many models. It creates a federal system with a strong Centre and parliamentary government, guarantees fundamental rights and sets social goals. An independent judiciary protects it through judicial review. Through the basic structure doctrine, its core features, such as democracy, federalism, secularism and judicial review, cannot be destroyed even by amendment.
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