KSLU Solved Question Papers
Constitutional Law II
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 4
2025 Jan Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 4 Constitutional Law II 2025 Jan 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 2025 Jan examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2025 Jan examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2025 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 80 · 20 questions answered
Instructions printed on the paper
- N.B. (1) Answer all five Units. (2) One essay type question and one 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)Explain briefly the 73rd and 74th Constitutional Amendments relating to decentralization of powers.[10]
Answer
For full marks, cover: meaning of decentralisation and why it was constitutionalised (article 40 to 1992); the 73rd Amendment (Part IX, Panchayats) and the 74th Amendment (Part IX-A, Municipalities) feature by feature; the common institutions (State Election Commission, State Finance Commission, Eleventh and Twelfth Schedules, planning committees); decided cases (Kishansing Tomar, K. Krishna Murthy); a comparison table; what the amendments did not achieve; a conclusion.
Decentralisation and its background
Decentralisation means passing power from the Union and State governments to elected local bodies. It brings government closer to the people. Before 1992, local bodies existed only under State laws, and article 40 merely directed the State to organise village panchayats. That directive could not be enforced, and many States superseded local bodies or postponed their elections for years.
The 73rd Amendment (in force 24 April 1993) and the 74th Amendment (in force 1 June 1993) gave local self-government constitutional status. India now has three levels of government: Union, State and local.
The 73rd Amendment: Panchayats (Part IX)
- Gram Sabha (article 243A). All voters of a village form the Gram Sabha.
- Three tiers (article 243B). Panchayats at village, intermediate and district levels. A State with a population up to twenty lakhs may skip the intermediate tier.
- Direct election (article 243C). All seats are filled by direct election.
- Reservation (article 243D). Seats are reserved for Scheduled Castes and Scheduled Tribes in proportion to population, and at least one-third for women. Chairpersons' posts are reserved too, and backward classes may be added by the State.
- Five-year term (article 243E). Fresh elections must be completed before the term ends, or within six months of a dissolution.
- Functions (article 243G). States may devolve the twenty-nine subjects in the Eleventh Schedule.
The 74th Amendment: Municipalities (Part IX-A)
- Three types (article 243Q). A Nagar Panchayat for a transitional area, a Municipal Council for a smaller urban area, and a Municipal Corporation for a larger urban area.
- Direct election from wards (article 243R). All seats are elected from wards. Experts may be added without a vote.
- Wards Committees (article 243S). Compulsory in a municipality with a population of three lakhs or more.
- Reservation (article 243T). As for Panchayats, with chairpersons' posts reserved as State law provides.
- Five-year term (article 243U). The same rule on timely elections.
- Functions (article 243W). States may devolve the eighteen subjects in the Twelfth Schedule, such as urban planning, water supply, public health and slum improvement.
Common institutions
- State Election Commission (articles 243K and 243ZA). Conducts all Panchayat and municipal elections. The Commissioner can be removed only like a High Court judge.
- State Finance Commission (articles 243I and 243Y). Appointed every five years to review local finances and recommend sharing of State revenue.
- District Planning Committee (article 243ZD). Consolidates rural and urban plans for each district.
- Metropolitan Planning Committee (article 243ZE). Prepares a development plan for every metropolitan area of ten lakhs or more.
Decided cases
In Kishansing Tomar v. Municipal Corporation of the City of Ahmedabad, (2006) 8 SCC 352, municipal elections were not held before the outgoing body's term expired. The State blamed incomplete delimitation and rolls. The Court held that the election timetable is mandatory. Administrative difficulty is no excuse, and the State Election Commission stands in the same position as the Election Commission of India.
In K. Krishna Murthy v. Union of India, (2010) 7 SCC 202, the reservation provisions of both Parts were challenged. A Constitution Bench upheld them, including the reservation of chairpersons' posts. Reservation in local bodies serves political representation and stands on a different basis from jobs and education. But total vertical reservation should not exceed fifty per cent, and reservation for backward classes needs an empirical study.
| Point | 73rd Amendment | 74th Amendment |
|---|---|---|
| Part | IX | IX-A |
| Bodies | Panchayats, three tiers | Nagar Panchayat, Municipal Council, Municipal Corporation |
| Base unit | Gram Sabha | Wards and Wards Committees |
| Subjects | Eleventh Schedule, 29 | Twelfth Schedule, 18 |
| Planning | District Planning Committee | District and Metropolitan Planning Committees |
What remained undone
The amendments made the structure compulsory, but left the powers and funds to the States. Article 243G and article 243W only permit devolution. Many local bodies still lack the "three Fs": functions, funds and functionaries. The form was secured; the substance depends on each State. State Finance Commissions are often appointed late, and many States have handed over few of the listed subjects. Parallel bodies, such as development authorities run by State officials, also do work that the Schedules assign to local bodies.
Conclusion. The 73rd and 74th Amendments decentralised power by creating a constitutional third tier of government in villages and towns. They require regular, direct elections, reserve seats for weaker sections and women, and set up State Election and Finance Commissions. Kishansing Tomar enforces their timetable, and K. Krishna Murthy upholds their reservation scheme. Real decentralisation, however, still depends on States devolving functions and money to these bodies.
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