Nagaland Judicial Service Grade – I Jan 2013 – Paper-III

Nagaland Judicial Service Grade – I Jan 2013 – Paper-III Question Paper

Total marks – 100                           Duration – 3 hours

CONSTITUTIONAL LAW

Answer any five questions
1. Discuss the Constitutional provision of the President of India. Can he withhold a legislative bill passed by both the houses of Parliament?

2. (a) Differentiate between Article 32 and 226 of the Constitution in its applicability.
(b)Explain the various jurisdictions of the Supreme Court of India.

3. What do you understand by proclamation of Emergency? Describe the different kinds of Emergency and its effects.

4. The places of worship of a minority community are attacked throughout a State. The, Central Government gave detailed directions and urged the State to take effective action. The Chief Minister of the State wants your advice as to whether the Central Government has power to give such directions and what may happen if the directions are not implemented.

5. What are the provisions in the Constitution of India which secure the independence and impartiality of the judiciary? Is really the judiciary independent in India?

6. Article 21-A of the Constitution of India imposes burden on State to provide free and compulsory education, while Article 51 -A places burden entirely on parents. Explain as to which one shall prevail and can be enforced in a court of law. Give reasons with reference to selected authorities.

7. “Pardoning power of the Presi4ent is not immune from judicial review”. Examine the statement with the relevant case-law.

8. Point out the contingencies under which the President may promulgate Ordinances. Discuss the-limitation on this power.

JURISPRUDENCE

Answer any two questions

9. Write short notes on any two of the following –
i) Historical school
ii) Natural Law
iii) Stare decisis
iv) Corporation sole

10. (a)What are the requisites of a valid custom.
(b) The custom of child marriage and dowry persisted in India for long and still continues as custom. Can these customs be enforced in a Court? Give reasons for your answer.

11. Answer any two of the following
i) What do you understand by ‘personal’ and ‘real’ property?
ii) State the definition of legal duty.
iii) What is the distinction between custom and convention?
iv) Are animals legal persons? Give reasons.
v) What are the modes of acquiring property?

JUDGEMENT WRITING

12. Write a judgment:

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