LL.B. (Three Years) Sem 2 Constitutional Law Dec 2022 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Write in short, not more than two to three sentences. (Any Six) 02 marks each : total marks 12
   • a. Explain ‘Distributive justice’ as in Directive Principles
   • b. Write any two functions of finance commission
   • c. Explain colourable legislation
   • d. What is prospective overruling? In which case it was laid down by Supreme Court?
   • e. What is an eligibility criteria to become a speaker of Lok Sabha?
   • f. Write the provisions relating to prohibition of changing the party by MPs and MLAs after they are elected
   • g. Write any two functions of UPSC
   • h. In which case the offence of Adultery under s. 497 of IPC declared unconstitutional?
   • i. When can additional judges of High Court be appointed? What is the tenure of them?
   • j. When can a financial emergency declared?
2. Q2 Write short note. (Any two) 06 marks each : total marks 12
   • a) Doctrine of severability
   • b) Protection under Art. 20
   • c) Election Commission
   • d) Powers of President Solve (Any two) 06 marks each : total marks 12
   • A. Mr. Amar and Mrs. Sarita are married for 8 years. Mr. Amar has an extra-marital relation with Ms. Aayesha and they want to marry each other. Mr. Amar converted to Islam and got
3. Q1 Is the second marriage valid and legal? Why? li) Discuss the status of marriage between Mr. Amar and Mrs. Sarita in light of
   • B. Ms. Gauri, a transgender, had filled up a form as an aspiring candidate for contesting elections of Municipal Corporation. Her form was rejected being a transgender
4. Q1 Can a transgender contest election in India? Explain with legal li) Can transgender claim the benefit of fundamental rights in India? Explain in light of decided cases and recent developments if any
   • C. Mr. Suresh filed a writ petition in High Court under Art. 226 praying Writ of Mandamus but did not succeed. Now he wanted to file a Writ petition in the Supreme Court for the same matter under Art. 32 of the Constitution
5. Q1 Can Mr. Suresh file a writ petition under Art. 32 of the Constitution? Explain with legal provisions li) Is there any exception for a similar situation in Constitution Law?
   • D. Revati, was a second year B.A student of an aided college affiliated to University of Calicut. She was staying in hostel, where students are not permitted to use laptops and mobile phones from 10.00 pm to 6.00 am. If they use, they are expelled from the hostel The college increased the time and issued notice that laptop and mobile phones are not permitted to be used from 6.00 pm to 6.00 am. When Revati and other students represented against this increase of time contending that their study is getting affected as they cannot use internet during this period, warden and Principal refused to hear the students and expelled Revati from the hostel. She filed a writ petition in the High Court contending that refusal to allow use of internet is breach of her fundamental right Answer the following:
6. Q1 Whether any fundamental right of Revati is breached? If yes, which fundamental right is breached? Write reasons for your answer li) Write name of the case and explain what is held by the Court
7. Q4 Write in detail. (Any two) 12 marks each : total marks 24
   • a. Write in detail about legislative relations of Centre and State
   • b. Discuss the process of amendment of Constitution with relevant case laws
   • c. Discuss Fundamental Right regarding freedom of professing religion
   • d. “The Protection of Civil Rights Act, 1955 forbids the practice of untouchability to secure equality” Discuss iii) iv) vi) vii) ix) ii) iii) iv) ii)
   • ii) HT?
   • i) Ne HW
   • ii) d ii) iii)

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