KSLU Solved Question Papers
Constitutional Law II
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 4
2019 Jun Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 4 Constitutional Law II 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 80 · 20 questions answered
Instructions printed on the paper
- N.B. (1) Answer all five Units. (2) One essay type question and short note/problem is compulsory from each Unit. (3) Figures to the right indicate marks. (4) Answer should be written either in English or Kannada completely.
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 I
(a)Discuss the power of Parliament to make law.[10]
Answer
For full marks, cover: Parliament as the Union's law-maker (article 79; the legislative procedure, articles 107 to 111); its power measured three ways: territory (article 245, extra-territorial operation), subjects (article 246 and the three Lists; residuary power, article 248, Union of India v. H.S. Dhillon), and special situations (articles 249 to 253, emergency, President's rule); its constituent power (article 368, Kesavananda Bharati); the limits (fundamental rights, other express limits, the basic structure, no abdication: In re The Delhi Laws Act); a summary; a conclusion.
Parliament as law-maker
Parliament consists of the President and two Houses (article 79). A Bill becomes law when both Houses pass it and the President assents (articles 107 to 111). Money Bills follow a special route in which the Lok Sabha has the last word (article 109). Parliament's power to make law can be measured in three ways: where it applies, what it covers, and when it extends further.
1. Territory: article 245
Parliament may make laws for the whole or any part of India. A State Legislature may legislate only for its own State. Under article 245(2), no law of Parliament is invalid on the ground that it has extra-territorial operation. So Parliament may regulate, for example, Indian citizens or companies abroad, where there is a real link with India.
2. Subjects: article 246 and the Lists
- Union List (List I). Parliament has exclusive power over subjects such as defence, foreign affairs, currency, railways, banking and income tax.
- Concurrent List (List III). Parliament and the States both may legislate, on subjects such as criminal law, marriage, contracts and education. If they conflict, Parliament's law generally prevails (article 254).
- State List (List II). Ordinarily closed to Parliament, covering subjects such as police, public health and agriculture.
- Residuary power (article 248, Entry 97 of List I). Any matter not in the State or Concurrent List belongs to Parliament.
In Union of India v. H.S. Dhillon, AIR 1972 SC 1061, the Finance Act 1969 brought agricultural land into wealth tax. The High Court held this a tax on land, a State subject. The Supreme Court upheld the law under the residuary power. When a central law is challenged, the only question is whether it legislates on a State List matter. If it does not, it is within Parliament's power, whether in List I, List III or the residue.
Overlap with State laws
On a Concurrent List subject, Parliament's law generally prevails over an inconsistent State law (article 254(1)). A State law reserved for and given the President's assent prevails in that State (article 254(2)). But Parliament may still override it by a later law on the same matter (the proviso). In Zaverbhai Amaidas v. State of Bombay, AIR 1954 SC 752, a Bombay Act had raised the punishment for breaking essential supplies orders to seven years. A later Central Act on the same subject fixed three years. The Court held that the Central Act prevailed under the proviso to article 254(2). Repugnancy does not need a direct contradiction. It is enough that both laws deal with the same matter.
3. When Parliament may enter the State field
- National interest (article 249). On a Rajya Sabha resolution by two-thirds of members present and voting.
- National emergency (article 250).
- States' request (article 252). Where two or more State Legislatures resolve that Parliament should legislate.
- Treaties (article 253). To implement international agreements.
- President's rule (article 356(1)(b) and article 357). Parliament exercises the State Legislature's power.
4. Constituent power: article 368
Parliament may also amend the Constitution itself, by special majority, and with ratification by half the States for federal provisions. In Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461, the Court held that this power is wide but cannot destroy the basic structure.
The limits
- Fundamental rights. A law that takes away or abridges them is void to that extent (article 13(2)).
- Other express limits. For example, freedom of trade (article 301), and the bar on taxing State property (article 289).
- No abdication. Parliament may delegate details but not its essential function. In In re The Delhi Laws Act, 1912, (1951) 2 SCR 747, the President referred three laws letting the executive extend other enactments "with such restrictions and modifications as it thinks fit". The Court held that the legislature must lay down policy itself. It cannot hand over the power to repeal or amend a law, which was held ultra vires.
- Judicial review. Courts test every law against these limits.
Summary
| Dimension | Rule |
|---|---|
| Territory | Whole or part of India; extra-territorial operation valid (article 245) |
| Subjects | List I exclusive, List III shared, residue to Parliament (articles 246, 248) |
| Special cases | State List matters under articles 249 to 253 and 356 |
| Constitution | Amendment under article 368, within the basic structure |
| Limits | Fundamental rights, express limits, no abdication |
Conclusion. Parliament may make laws for all or any part of India, even with extra-territorial effect. It covers the Union List, the Concurrent List with primacy, and all residuary matters (H.S. Dhillon). In defined situations it may legislate on State subjects, and it may amend the Constitution. Its power is bounded by fundamental rights, other express limits and the basic structure (Kesavananda Bharati). It also cannot abdicate its essential legislative function (Delhi Laws Act).
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