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LLB 3 years Sem 2 Constitutional Law May 2024 - 60/40 Question Paper with Solutions

Mumbai University Solved Question Papers

Constitutional Law

Previous Year Question Paper with Solution

LLB 3 years · Sem 2

May 2024 - 60/40 Examination

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First published on munotes.in on 17 October 2026.

Published by munotes.in, Mumbai.

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 the University of Mumbai at the May 2024 - 60/40 examination.

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The Paper as Set

The questions in this volume are the questions asked at the May 2024 - 60/40 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.

Duration 2 hours  ·  Total marks 60  ·  21 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.

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SECTION I

Answer any six of the following in one or two sentences, any 6 of 10 12 Marks

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1.State the Article and the grounds for Declaration of a National Emergency under The Constitution of India.[2]

Answer

A national emergency is declared by the President under article 352.

The grounds. The President must be satisfied that a grave emergency exists. The security of India, or of any part of it, must be threatened in one of three ways.

  1. War.
  2. External aggression.
  3. Armed rebellion.

The proclamation may be made even before the actual occurrence of war, aggression or rebellion, if there is imminent danger of it.

A change in 1978. Originally the third ground was "internal disturbance". The emergency of 25 June 1975 was declared on that ground. The Forty-fourth Amendment, 1978 replaced it with "armed rebellion", to prevent misuse.

Safeguards added in 1978.

  1. The President may proclaim it only when the Union Cabinet communicates the decision to him in writing.
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  1. Each House must approve it within one month, by a majority of its total membership and two-thirds of those present and voting.
  2. It must be renewed every six months.
  3. The Lok Sabha may disapprove it by a simple majority, which ends it.

History. It has been declared three times: in 1962, 1971 and 1975.

Case law. In Minerva Mills Ltd. v. Union of India, AIR 1980 SC 1789, Justice P.N. Bhagwati observed that a proclamation under article 352 is not immune from judicial review. It may be examined if it is mala fide or based on wholly irrelevant grounds.

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