LL.B. (Five Years) Sem 6 Constitutional Law Nov 2023 ATKT 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer in two to three sentences (Any Six) 12 marks
   • a. Write any two parliamentary privileges
   • b. Who decides regarding disqualification of member of Parliament?
   • c. What is the scope of Art. 142?
   • d. In which situation, Centre can make law on the subject listed in State list?
   • e. Write in short how name of the state can be changed by the parliament
   • f. What is the function of Delimitation Commission? Recently in which state this is
   • g. Name two features of Directive Principles of State Policy
   • h. How speaker of Lok Sabha is appointed?
   • i. Chief minister in union territory, where such set up exists, is appointed by whom?
   • j. What are the functions of interstate council? Who are the members of this council? Write short notes (Any two) (12)
   • b. Fundamental right under
   • c. Doctrine of Pith and substance
   • d. Provisions relating to Interstate trade and commerce under Constitution
2. Q3 Solve (Any Two) 12 marks
   • A. The Supreme Court upheld the plea for live streaming of the proceedings before Supreme Court in this case. It is decided that a project of live streaming of the court proceedings of Supreme Court on the “internet” and/or on radio and TV through live audio-visual broadcasting/telecasting universally by official agency like Doordarshan, must be implemented in a progressive streaming of proceedings holistically and it shall not interfere with the administration of justice or dignity and majesty of court hearing and/or impinge upon rights of litigants or witnesses. It was held that right to access the information is fundamental right under Art. 21. But the Supreme Court also laid down some restrictions on this right Answer the following questions: the name of the case and full citation li. Write restrictions laid down by the
   • B. Ashok was working as Heavy vehicle driver on minimum wages with the government department. He claimed that he is qualified for this temporary post and therefore shall be given the benefits received by permanent employees having the same qualification and same type of the job. On raising the claim, the government tried to replace him and tried to appoint some other person on contract for the same job. He challenged the decision of his removal and claimed equal benefits are to be granted to him as they are received by permanent employee of the government Answer the following questions:
   • i. Whether the right of the person is infringed? If yes, name the right
   • ii. the decision of the supreme court and name of the relevant case
   • C. Many people suffering with terminal illness are living on life support which is provided by machines in hospitals. In many cases, the patients do not wish to live but they cannot choose death. This is known as passive euthanasia. The writ petition is filed to supreme court by NGO. This petition makes the case that it is inhumane to artificially extend life without taking the patient’s wishes into consideration. Victims in this condition are unconscious; therefore, the choice to prolong their suffering is chosen on their behalf by medical professionals or by the patient’s families. In their petition, the petitioners ask the Court to establish rules for the execution of living wills as well as passive euthanasia Answer the following:
   • i. What was court’s decision? li. Write the name of the case
   • D. Aya Ram, from X political party was elected as MLA. After 3 months, he switched his party to Y party. Subsequently, after 10 days he switched his party again to Z party law prevents such party-crossing? Discuss briefly
   • ii. What are the grounds of disqualification of members in such scenarios?
3. Q4 Write in detail with relevant case laws (Any Two) 24 marks
   • a. Discuss the provisions relating to emergency with special reference to national emergency. What are the effects of emergency on fundamental right?
   • b. Critically examine the right to speech and expression under Art. 19 (1) (a) with case
   • c. Discuss financial relations between Centre and State provided in Constitution
   • d. “The Protection of Civil Rights Act, 1955 forbids the practice of untouchability to secure equality” Discuss
   • c. 142 ara sire?
   • j. aT
4. Q3 Sat 12 marks
   • A. AS
   • i. Al AT ST
   • b. HAT ha
   • d. 1955 HATS

Read from the scan above, so a character or two may differ. The scan is the original.