Mumbai University Solved Question Papers
Constitutional Law II
Previous Year Question Paper with Solution
LLB 3 years · Sem 4
May 2024 - 75/25 Examination
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LLB 3 years Sem 4 Constitutional Law II May 2024 - 75/25 Question Paper with Solutions
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First published on munotes.in on 24 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 - 75/25 examination.
Written on the law as it stood in October 2026. Bribery for a vote has no immunity after Sita Soren v. Union of India (2024), which overruled P.V. Narasimha Rao. On assent to State Bills, the advisory opinion of 20 November 2025 restored the Governor's discretion under article 200 and rejected court-fixed timelines and deemed assent, displacing parts of State of Tamil Nadu v. Governor of Tamil Nadu (April 2025). The validity of the 2023 Act on appointing Election Commissioners was referred to five judges on 23 September 2026 and is open, as is the scope of a Money Bill after Rojer Mathew (2019).
Contents
The questions below are the paper as the University of Mumbai set it at the May 2024 - 75/25 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the May 2024 - 75/25 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 2½ hours · Total marks 75 · 21 questions answered
Instructions printed on the paper
- N.B: 1. Please check whether you have got the right question paper. 2. Answer all questions.
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.
Q.1
Q.1: Answer Any Six questions in one or two sentences
12 Marks - 2 marks each
(a)What is meant by independence of judiciary?[2]
Answer
Independence of judiciary means that judges decide cases only according to the law and their conscience. They must be free from control or pressure by the executive, the legislature or anyone else. The Constitution secures it through security of tenure, protected salaries, a hard removal process and judicial primacy in appointments.
Going deeper. It has two sides.
- Institutional independence. The courts as a whole are separate from the other branches. Article 50 directs the State to separate the judiciary from the executive.
- Individual independence. Each judge can decide without fear of losing his post, pay or prospects.
How the Constitution secures it.
- Judges hold office until 65 (Supreme Court) or 62 (High Courts) (articles 124(2), 217(1)).
- They can be removed only for proved misbehaviour or incapacity, by an address of both Houses (article 124(4)).
- Their allowances and pensions cannot be varied to their disadvantage after appointment (proviso to article 125(2)).
- Parliament cannot discuss a judge's conduct except on a removal motion (article 121).
Its status. In Supreme Court Advocates-on-Record Association v. Union of India, AIR 2016 SC 117, decided on 16 October 2015, the Supreme Court held that independence of the judiciary is part of the basic structure. On that ground it struck down the National Judicial Appointments Commission.
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