University of Delhi 2009 L.LB General Ll.blb 301 - constitutional law - i - Question Paper
[This question paper contains 8 printed pages.]
1217 Your Roll No.
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LL.B.
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111 Term
Paper LB-301' - CONSTITUTIONAL LAW - I
Time : 3 Hours Maximum Marks : 100
W : 3 ' wifw : 100
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(Writefkoll No. on the top immediately on receipt of this question paper.)
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Note AnswtjKlube written either in English or in Hindi; but the should be used throughout the paper.
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Answer Five questions including Question No. 1 which is compulsory.
All questions carry equal marks.
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1. Attempt briefly any four of the following
(aVMcntion the grounds on which emergency can be
'' proclaimed under Article 352. of the Constitution of India.
(lA/Mcnlion the provisions relating to exercise of legislative powers during proclamation under Article 356 of (lie Constitution of India.
(c) A person, not <i mouther of the state legislature, was appointed a minister in i\ sJfllfem 01.09.2009. He lost the state assembly elcBii 20.11.2009. Can the Governor of the concurred slate dismiss him today ?
dJiscuss the powers of the President to promulgate an Ordinance to cede away Indian territory to a foreign country. LeC-"
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(e)/l5escribe the powers of ParliilB legislate on a subject of State List in thKonal interest. What would be the effect of such a legislation if it is inconsistent with any state legislation ?
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2\/ What is tne basis for exercisc of power by the President under Article 356 of the Constitution of rlndia? Can failure of constitutional machinery in a state be decided on any objective considerations? Is the exercise of power under Article 356 subject to judicialjHy on any ground?
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On what grounds did the.court deny relief to the State of West Bengal which had filed a suit against the / \Jnion of India for a declaration that Parliament was / not competent to make law authorizing the Union of
I India to. acquire any land or any right over land
V belonging to a state ? Can two states be merged into
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Who recommends names for the ajjment of judges
of the Supreme Court and High Courts? Can the
recommenda-tions be, ignored or challenged in a court
of law on any ground ?.Discuss in th light of judicial .jr
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7. Are the following Ordinance/legislation valid :-
(a) The President promulgates an Ordinance when the Council of States was in session and the House of the People had been dissolved.
(b) A legislation was enacted by a state legislature levying higher rate of entertainment tax on those persons who took their cars inside the theatre and watched the movie sitting in the cars. It may be noted that states have power to make law on
theatres and entertainments but not on motor vehicles.
(c) With a view to protect public health a state legislation imposed stringent conditions on the use of loud speakers in the night which is challenged on the ground that power to make law on broadcasting and other like forms of communication is vested in Parliament.
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\ \ (a) Maintainability of a habeas corpus petition under Constitution after dismissal of a
)ecitle any two of the following :-
0 similar petition under Article 226.fcA)
Maintainability of a writ petition filed by advocates challenging some action of the Central Government
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which prima facie had detrimental effect on the independence of judiciary.
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