West Bengal Legal Service – 2010 – Constitutional Law of India

West Bengal Legal Service – 2010 – Constitutional Law of India

Group – A

(Answer any two Questions)

1. a) Explain with the help of Judicial Decisions the interrelationship between Fundamental Rights and Directive Principles of State Policy. Has there been any perceptible change in the Judiciary’s mindset towards the Directive principles?

b) The Preamble to the Constitution of India proclaims that India follows the policy of ‘Socialism’ in governance. Yet, there have been numerous scholars, especially post economic liberalisation in the 90s, arguing otherwise. Explore, with the help of Judicial Decisions, the existence of the ‘Indian Model of Socialism, if any.

c) Write a short Note on any one of the. following
i) Curative Petitions. ii) Doctrine of ‘Pith and Substance.

2. (a) The definition of ‘State’ in Article 12 has undergone major upheavals in the last 60 years and has now been made to include even private Corpo rations and individuals, if the case warrants so. Elucidate, throwing light on the definitional evolution through Judicial Precedents.

b) The Basic Structure Doctrine has been criticised by some as an unwarranted construction of a watertight compartment. Yet,, for most, the Basic Structure Doctrine, a high watermark of juristic creativity, is a clear assertion of Constitutional ism. Based on judicial opinions, argue for or against the Basic Structure Doctrine in contemporary contexts.

c) Can there be a petition under A/32 in the Supreme Court against a judgement of the High Court? Explore.

3. a) Even though we call ourselves a Federal State, different provisions of the Constitution are reflective of a unitary – model Explain, with reference to the said provisions.

b) When it comes to admission of students outside the minority community in a Minority Educational Institution: receiving State Funds, a sprinkling of outsiders would be sufficient to satisfy the requirement of a/29(2). Argue FOR or AGAINST this statement, drawing relevant references to Judicial _ Decisions.

c) Can there be a Special Leave Petition filed against an interim order of a Trial Court? Explore.

Group – B

(Answer any two Questions)

1. (a) The journey of the jurisprudence Involving A/21 of the Indian constitution from A.K. Gopalan v. States of madras to Maneka Gandhi V. Union looked at as a journey towards the U.S. Constitutional position of ‘Due Process of Law’ from a very positivistic and strict ‘procedure established toy law regime, with the help of judicial decisions, throw light on the said contention.

b) Is’Right to Privacy’ an absolute Fundamental Right?
Explain, with reference to judicial decisions.

2. a) Judicial Review, it has been always noted forms the bedrock of constitutional governance. Illustrate, with reference to judicial decisions, how the Indian Suprerre Court has over the times thwarted any legislative attempt to deprive the people of this basic Constitutional promise.

b) While interpreting the constitutionality of legislations on grounds of legislative competence in light of A/246 of the Constitution of India, courts have resorted to several ; principles of interpretation of entries in the three lists of the Seventh Schedule. Explain, citing relevant examples and decided easel such principles of interpretation being resorted to by Courts.

3. a) The Indian Constitution provides for a Dualist model of incorporation of International Law into the Indian Legal System, which requires for the passing of a validating legislation by the Union Parliament. Yet, there have been remarkable breakthroughs in this area by a pro-active judiciary which has very often used provisions of Treaty Law or Principles of Customary International Law to fill up vacuums and bring about a new era of Constitutional Interpretation. Explain these statements with relevant references to Constitutional provisions and judicial opinions.
b) Explain the relevance of the Preamble to the Indian Constitution as a tool of Constitutional interpretation.