KSLU Solved Question Papers
Constitutional Law I
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 3
2021 Mar Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 3 Constitutional Law I 2021 Mar Question Paper with Solutions
First published on munotes.in on 2 November 2026.
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Model answers written and edited by the munotes.in editorial desk.
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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 2021 Mar examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2021 Mar examination, in the order it was set.
MarksPage
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2021 Mar 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.
Q1
(a)Define Constitution. What are the different kinds of Constitutions ?[10]
Answer
For full marks, cover: a definition of constitution; what a constitution does; the kinds, in pairs (written and unwritten, rigid and flexible, federal and unitary, parliamentary and presidential, republican and monarchical, evolved and enacted), each with an example; where the Indian Constitution stands, with cases; a conclusion.
Definition
A constitution is the fundamental law of a State. It sets up the main organs of government, gives them their powers, limits those powers and defines the relationship between the government and the people. It is "fundamental" because every other law and every act of government must conform to it.
A constitution answers four questions:
- Who governs? It creates the legislature, the executive and the judiciary.
- With what powers? It gives each organ its functions and divides power between the centre and the regions.
- Within what limits? It protects the rights of the people against the government.
- How may it be changed? It lays down the method of amendment.
So a constitution both empowers and restrains the government. This idea of limited government is called constitutionalism.
Kinds of constitution
1. Written and unwritten. A written constitution is contained mainly in one document, framed at a particular time by a body set up for the purpose. The constitutions of the United States (1787) and India are written. An unwritten constitution grows over time from statutes, judicial decisions and conventions. The British constitution is the usual example. It is more accurate to call it uncodified, because large parts of it are in Acts of Parliament.
2. Rigid and flexible. A rigid constitution can be amended only by a special procedure, harder than for ordinary law. Amending the United States Constitution needs two-thirds of each House of Congress and ratification by three-fourths of the States. A flexible constitution can be changed by ordinary law. The British Parliament can change any constitutional rule by a simple majority.
3. Federal and unitary. In a federal constitution, power is divided between a central government and regional governments, each independent within its sphere. A federal constitution is usually written, supreme and rigid, and has a court to settle disputes. The United States, Canada and Australia are federal. In a unitary constitution, all power belongs to one central government, which may create and abolish local bodies. The United Kingdom and France are unitary.
4. Parliamentary and presidential. In a parliamentary system the real executive, the Cabinet, is drawn from and responsible to the legislature. It stays in office only while it has majority support. In a presidential system the executive is separate from the legislature and has a fixed term, as in the United States.
5. Republican and monarchical. In a republic the head of State is elected. In a monarchy the head of State holds office by inheritance, as in Britain, though the monarch's powers are now largely formal.
6. Enacted and evolved. An enacted constitution is made deliberately at one time. An evolved constitution grows gradually through history.
Merits of each kind
| Kind | Merit | Weakness |
|---|---|---|
| Written | Clear and certain; protects rights | May become out of date |
| Unwritten | Grows easily with the times | Rights depend on the legislature |
| Rigid | Stable; protects minorities and the federal balance | Hard to change when change is needed |
| Flexible | Adapts quickly | Can be changed by a passing majority |
A federal constitution suits a large and diverse country, because it lets regions govern their own affairs. A unitary constitution gives strong and uniform government, but may ignore local needs.
Where the Indian Constitution stands
- Written. It is the longest written constitution in the world.
- Partly rigid, partly flexible. Under article 368 most amendments need a special majority, and federal provisions need ratification by half the States. Some articles, such as articles 2 to 4 on new States, change by simple majority.
- Federal with a unitary bias. In State of West Bengal v. Union of India, AIR 1963 SC 1241, the Court said the Constitution is not truly federal. In S.R. Bommai v. Union of India, (1994) 3 SCC 1, it called India a federation with a bias in favour of the Centre, the States being supreme within their sphere.
- Parliamentary, both at the Centre and in the States.
- Republican. The President is elected under articles 54 and 55.
- Enacted, by the Constituent Assembly.
Indian rigidity has a special limit. In Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461, the Court held that even a valid amendment cannot destroy the basic structure. So some features cannot be changed at all.
Conclusion. A constitution is the fundamental law that creates, empowers and limits the government. Constitutions are classified as written or unwritten, rigid or flexible, federal or unitary, parliamentary or presidential, republican or monarchical, and enacted or evolved. No constitution fits one type exactly. The Indian Constitution is written, partly rigid, federal with a strong Centre, parliamentary, republican and enacted, with a basic structure that no amendment can destroy.
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