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Visit more at UPSC law optional PREVIOUS YEAR PAPER TOPIC WISE for all topics

CONSTITUTIONAL LAW

NATURE OF THE INDIAN CONSTITUTION Preamble/General

1. Is ‘Secularism' an essential feature of the Constitution of India? Explain in the light of

decided case laws.

2. What is ‘Constitutionalism'? Explain the said concept both in its negative and positive
aspects in the, context of India’s tryst with ‘Constitutionalism’ and 'Constitutional
Governance’.

3. What do you understand by the term ‘Constitutional Conventions’? Are they are
relevant in a country like India having a lengthy written constitution with preamble?

4. Explain the form of the Government that the Constitution of India has adopted and
which has been subject of criticism. What reforms, if any, will you suggest in this
regard?

5. Justify the contemporary economic liberalisation reforms on the basis of constitutional

provisions.

6. "Constitution of India is first and foremost a social document". Granville Austin.

Explain.

7. "The Preamble to the constitution sets out the aims and aspirations of the people of
India." To what extent have they been translated into the various provisions of the

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constitution?

8. 'It has been impossible to resist the growth of "conventions of constitution" in India
though the Consitutiton is a highly comprehensive document which presents every
matter in utmost details.'Discuss.

9. 'The Indian Constitution has sought to combine the presidential form with the
parliamentary form of govt.' Discuss.

10. With the help of relevant decisions, discuss the place of the Preamble of the
Constitution. [1979 1(c)]

Federalism

1. Explain the concept of‘ Federalism’ as incorporated in the Indian Constitution.

2. What do you understand by the expression ‘independence of judiciary’? Why is it being

discussed/debated/questioned to much nowadays? What reasons would you give for
this development?

3. What do you think is the form/nature of our Constitution — Federal, Unitary or Quasi-
federal? The Members of the Drafting Committee call it federal, but many others would
dispute this title. Critically examine the statement.

4. Differentiate between 'Federal Constitution' and 'Federal Government.' Based on

Judicial pronouncements and your perception of the working of our Constitution,
comment on whether India has a Federal Government or a Federal Constitution.

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5. "The Constitution of India is not true to any traditional pattern of federation."

Comment.

6. "The Indian federal structure has brought in some novel provisions which are not to
be found in other federations." Critically discuss.

7. "Federalism has in recent years, witnessed a change-front the dogmatic to dynamic

approach." Discuss the changing approach and point out the main deviations in the
working of the Constitution oflndia.

8. What is the nature of the Indian Constitution? Do you think it is a Federal

Constitution? Discuss.

9. "The Indian Constitution is essentially federal in character, though it tends to be

unitary at times." Comment.

10. "Constitution of lndia is neither purely federal nor purely unitary but is a combination
of both". Discuss.

11. "A federal government is a legalistic government, a characteristic feature of which is

the allocation of powers between the Centre and the States." Explain the provisions
regarding the Centre-State relations in the fields of legislation and administration.

12 Examine critically the view of Prof. K..C. Wheare that the Constitution of India is
heavily biased in favour of the Centre and is a quasi-federal one, referring also to
subsequent constitutional developments.

Article 1 to 4

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1. What procedure would you suggest to the Government of India where under an
agreement between the Government of India and a neighbouring foreign country a
small portion of Indian territory comprised in State Y has to be ceded to the above
foreign neighbouring country.

2. A Parliamentary Bill providing for the reorganisation of certain States in India, inter
alia provided for the division of the State of B into three units and for the annexation
of one of the units to the neighbouring State of C. The bill had been referred to the
State Legislatures concerned under Art. 3 of the Constitution and their views had been
received. Meanwhile, the Bill was substantially amended in Parliament. The Bill, as
passed by Parliament, provided for the formation of one composite unit, to be known
as the State of B (with certain altered boundaries). The amended Bill was, however, not
referred to the concerned State Legislatures for expression of their views. In view of
this, a vvrit petition is filed in the State High Court, contending that the Bill, as enacted,
was ultra vires. Decide.
Article 12

1. Given the contemporary economic, political and social realities, critically evaluate the
judicial framework developed to determine whether an agency/body is ‘ State’ for the
purposes of Article 12. Is the test currently too narrow? Justify your answer.

2. Write short notes on Meaning of the term 'Other Authorities' under Article 12 of the
Constitution.

3. The concept of instrumentality, or agency of the government is not limited to a

corporation created by a statute but it is equally applicable to a company or society.”
Discuss and state whether Article 12 also includes private persons.

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4. Critically examine the widening dimensions of the concept "the state" in Article 12 of
the constitution of India.

5. 'An authority is state within the meaning of article 12 of the constitution of India if it
is an agency or instrumentality of state'. How is it determined whether an authority is
an agency or instrumentality of state or not?

Article 13

1. Article 13 makes the judiciary, and especially the Apex Court, as a guardian, protector
and the interpreter of the Fundamental Rights. It confers a power as well as imposes
an obligation on the Courts to declare law void if it is inconsistent with a Fundamental
Right. Discuss.

2. Are personal laws Maw’ for the purposes of Part III of the Constitution ? Discuss with
reference to leading case law.

3. What is meant by the Doctrine of Eclipse? Under what circumstances and conditions
can it be applied?

DPSP AND THEIR RELATIONSHIP WITH FRs & FDs

1. Discuss the relationship between ’Fundamental Rights’ and ‘Directive Principles of

State Policy’ in die light of die constitutional amendments and decided cases.

2. Explain the opinion of the Supreme Court of India regarding the relation between the
Fundamental Rights and Directive Principles of State Policy in the light of its decided
cases. Do you agree with the view that giving primacy to one over the other is to disturb

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the harmony of the Constitution? Comment with reference to the present day scenario
relating to education, health, religion etc.

3. Has judiciary been a hindrance or a facilitator in the interpretation of Directive

Principles? Examine in the light of various judgments of the Supreme Court.

4. "The Directive principles which have been declared to be fundamental' in the

governance of the country cannot be isolated from Fundamental Rights." Explain
critically. Also throw light with reference to recent judgments on the Supreme Court's
view as regards the interplay of Directive principles and Fundamental Rights.

5. Explain and elucidate the significance ofthe various strategies adopted for the
implementation for the Directive principles' of State policy enshrined in Part-IV ofthe
Indian Constitution.

6. The scope ofthe constitutional harmony and balance between Fundamental Rights' and
Directive Principles" of State Policy.

7. "Directive principles of state policy are not enforceable in the Court of Law but,
neverthless, they are fundamental in the governance of the country." Discuss this
statement with the help of decided cases.

8. "While the implementation ofthe Directive Principles ofthe State Policy is a pre-coalition
for the enjoyment of Fundamental Rights, the destruction of the Fundamental Rights
will frustrate the realisation ofthe Directive Principles". Discuss.
9. Examine critically the relationship between the Fundamental Rights and the Directive
Principles of State Policy in the light of decided cases and the constitutional
amendments.

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10. Directive Principles of State Policy have played a significant role in the interpretation
of the constitution. Explain and illustrate your answer.

11. In recent times certain directive principles have been judicially enforced and made
enforceable by imaginative and creative interpretation of Fundamental Rights. Do you
agree? Give reason.

12. Discuss the nature, scope and interpretation of' equal pay for equal work' principle
under article 39(d) and 'the right to work' under article 41 of the Directive Principles of
State Policy provided in Indian constitution. Is it practicable to" make them part of
Fundamental Rights of people.

13. The doctrine of equal pay for equal work is an abstract doctrine and is not capable of
being enforced by the courts'. Discuss.

14. Examine the legal significance of Directive Principles of State Policy and their
correlation with Fundamental Rights.

15. "Our Constitution aims at bringing about synthesis between 'Fundamental Rights' and
the 'Directive Principles of State Policy', by giving to the former a pride of place and to
the latter a place of permanence. Together, not individually, they form the core of the
Constitution. Together not individually, they constitute its true conscience."
(i) Explain, briefly but precisely, the above statement.
(ii) In what way have the recent constitutional amendments affected the relationship
between the two?

AMENDMENT OF THE CONSTITUTION

Basic Feature Doctrine

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1. “The procedure adopted for amending the Constitution is unique; it is not rigid yet
difficult.” Elaborate.

2. The goals specified in the Preamble contain basic structure of our constitution, which
can not be amended under Article 368. Elaborate in context of leading cases.

3. Constituent power to frame the constitution and the constituent power to amend the
constitution have different connotation and scope. Explain.

4. "The power to destroy the Constitution is not included in the power to amend the
Constitution."

5. Are there features in the Constitution of India that are basic or fundamental to it?
Would you subscribe to the proposition that the parliament's competence to amend
the Constitution is subject to the basic or fundamental features of the Constitution?
Elucidate.

6. "All these years Article 368 has seen a tug of war between the constituent power and
power ofjudicial review." Comnent on and narrate this development in detail.

7. "The Supreme Court of India has extended the theory of basic structure of the
Constitution to the constitutional morality in the case of B.R Kapur vs. State of Tamil
Nadu (2001)", Explain.

8. Assuming that the Parliament, under Article 368 ofthe Constitution, passes the
following constitutional amendments:
(i) Religion is a matter of personal faith. Its propagation in any form is strictly
prohibited.

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(ii) Article 16(4) of the Constitution empowering the state to make reservation in
services under the state in favour of backward class of citizens is completely
deleted. Discuss whether these amendments are likely to be held valid.

9. Parliament's power to amend the constitution cannot be equated with the power of the
Constituent Assembly to frame a constitution.

10. "The amending power of Parliament should not be subjected to the vague and uncertain
doctrine of basic structure". Comment.

11. Examine the contention that the constitution 44th Amendment which has radically
altered the character and content of the right to property violates the basic structure
of the constitution.

12. "The doctrine of basic structure has established judicial supremacy in the area of
constitutional amendment." Examine.

13. Enumerate the various procedures of amending the constitution. Discuss the limits of the
amending power.

14. Amending power has been exclusively assigned to the Union Parliament except when
the amendment involves amendment of the federal provisions. 'Discuss.

15. Is the power of amendment implicit in the constitution of India and is it wide enough
to replace the present constitution by a new one without the need of revolution or
referendum? Discuss by making reference to Keshvanand Elharti case doctrines.

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16. Discuss the ambit of Parliament's power to amend the constitution State the
limitations, if any, on the amending power. Explain in this context the concepts of basic
structure and essential features of the Constitution.
17. Examine the amending power under the Constitution and whether it may be termed
limited amending power.
18. What do you understand by the "basic structure" Constitution and what is its legal
importance?
19. Parliament enacted a statute, not dealing property rights, but affecting the rights under
Article 19 and by a Constitutional Amendment it was included in the Ninth Schedule.
How far can its validity be challenge before a court of law if the Amendment was: (a)
before Kesavananda Bharati Case; (b) after that decision; and what grounds?
20. What do you understand by the expression 'Basic Structure of the Constitution'.
Illustrate with reference to a leading case.

EMERGENCY PROVISIONS

1. Discuss the circumstances under which ‘Financial Emergency' can be proclaimed by

the President of India and effects thereof.
2. What restrictions have been imposed by the Constitutional amendment (44'1’) to check
misuse of proclamation of emergency? Discuss.
3. The framers of the Constitution felt that, in an emergency, the centre should have
overriding powers to control and direct all aspects of administration and legislation
throughout the country. Elucidate.
4. When can the President's Rule be imposed under Article 356 of the Constitution? Is
there any need to amend Article 356 ? What will be your suggestion in this regard.
5. "The Constitution has imposed an obligation on the Union to ensure that the
Government of every State is carried on in accordance with the provisions of the
Constitution. In order to enable the Union to carry out this obligation the Constitution

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has conferred adequate powerson it.” Elucidate. Also discuss the safeguards against
misuse of Article 356.
6. Examine the scope of proclamation of Emergency by the president of India and
enumerate the safeguards introduced by constitutional amendments to present abuse
of these pq,vvers.
7. What are the grounds, duration and consequences of the proclamation issued by the
president of India pertaining to the failure of constitutional machinery in States? Is
such a proclamation justiciable?
8. What is the meaning of failure of constitutional machinery in a state? To what extent
is the satisfaction of the President in this regard subject to review by the courts?
Discuss.
9. Critically examine the existing scheme of Union and state relations in India. Comment
upon the Sarkaria Commission Report in this connection and examine the propriety of
the power of the Union government to impose President’s Rule in the states.
10. "The writ of Habeas corpus cannot be suspended even in an emergency". Discuss in
the background of connected case law and constitutional provisions.
11. To what extent the Supreme Court has put a check on motivated and arbitrary
dismissal of state governments by the centre under Article 356? Refer to case law.
12. Examine the conditions under which emergency can be proclaimed under Article 352
of the constitution. Point out the safeguards against undue prolongation of the
emergency.
13. The Green party routs the white party in a general election to Parliament. The "Whites"
do not get even a single parliamentary seat in the nine states where they had the
majority of seats in the state Assembly by virtue of an election in the past. The
President dissolves the assemblies of these states on the advice rendered by the Green
party's cabinet at the centre. The nine states challenge the action before the Supreme
Court. Will they succeed?

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14. 'The power given to the Union government to impose president's rule in the states is
not consistent with the concept of federalism. Discuss the above statement and give
your own suggestions to safeguard against the abuse of the said power.
15. Have the 'Emergency Provisions' in effect maintained a unitary constitution for India?
Give your assessment.
16. Examine the constitutional safeguards provided against misuse of imposition
of'Emergency' under Article 352 of the constitution.
17. The President by proclamation assumes to himself the functions of the government of
a state. The said proclamation has been approved by resolutions of both houses of
Parliament.. What is the maximum period upto which such proclamation may continue
to be in operation? What is the solution if even after the expiry of the maximum period
it is not possible to hold the election in the state so as to install a popularily elected
government? Is such a proclamation justiciable and if so what is the extent of the
court's power to interfere in such matters?
18. Examine the scope of the Emergency Powers of the President of India and State the
safeguards introduced by recent constitutional amendments to prevent abuse of these
powers.

CONSTITUTIONAL POSITION OF PRESIDENT

AND RELATIONSHIP WITH COMS
Constitutional Position

1. "The question whether any and if so what advice was tendered by Ministers to the
President shall not be inquired into in any court" - Art 74 (2) of the constitution.
Examine the scope and ambit of the exclusion of judicial review mandated by this
provision in the background of decided cases.
2. Discuss the constitutional position of the President of India. On the eve of general
election to the Lok Sabha and just after the last session of Parliament, the Govt, sends
an ordinance to the President extending the benefit of job reservations to Dalit

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Christians. The President returns the ordinance and asks the cabinet to reconsider its
advice. Is the action of President sustainable under the constitution. Discuss.
3. "The central Executive exercises not only executive functions but also, in a limited
way, judicial and legislative functions." Comment on the various powers of the
Executive at the centre.
4. The President and Governor shall exercise their formal constitutional powers only upon
and in accordance with the advice of their ministers save in few wellknown exceptional
situations - Krishna Iyer J in Shamsher Singh Vs. State of Punjab (AIR 1975 S.C.).
Discuss, examining the exceptional situations in which the advice of the Cabinet may
be ignored by the President and the Governor. Is there any difference between position
of President and that of the Governor?
5. What are powers and rights of the President under our constitution vis-a-vis his council
of ministers in running the administration of the union?
6. No one can examine the character of the American Presidency without being impressed
by its manysidedness. The range of President's functions is enormous. He is the
ceremonial head of the State. He is a vital source of legislative suggestion. He is the
final source of all executive decisions. He is the Authoritative exponent of nations's
foreign policy.
(i) What is character of Indian Presidency?
(ii) Explain the constitutional position of the Indian President in relation to council
of ministers under the constitution.
7. Article 246(2) of the Constitution of India provides that "notwithstanding anything in
clause (3), Parliament and subject to clause (1), the Legislature of any State also, have
power to make laws with respect of any of the matters enumerated in List III in the
.Seventh Schedule (in this Constitution referred to as the 'Concurrent List)".
(i) What is your interpretation of the aforesaid article? Does this mean joint power,
or does it require that legislation thereunder by Parliament, to be effective should
be approved or sanctioned by the several States?
(ii) What will happen in the following Cases –

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(A) If there is overlapping between a matter falling within the Union List and State
List?
(B) If there is overlapping between the Union List and the Concurrent List?
(C) If there is overlapping between the State List and the Concurrent List?
(D) If a matter is not within any list?

Discretionary Power

1. What are the discretionary powers of the President, if any? How much discretion does
he have in the appointment of the Prime Minister, dismissal ofthe Government and
dissolution ofthe Lok Sabha? Discuss.
2. Does the President of India possess powers which he may exercise independently of
the Council of Ministers? Comment on the constitutional position and powers ofthe
President particularly in circumstances (i) when the Prime Minister advises him to
dissolve the House of people and (ii) after the house of people has been dissolved for
holding elections before its term is over and before the newly elected Council of
Ministers is formed.

Ordinance Making Power

1. What is the justification behind the Pardoning power of the President of India under
Article 72 ofthe Constitution ? Discuss with reference to Supreme Court cases the
extent to which the exercise of this power can be subjected to judicial review.
2. Write short notes on "Power of President of India to grant pardons, reprieves etc. under
Article 72 of the Constitution".
3. Point out the contingencies under which the President may promulgate ordinances.
Discuss the limitations on this power.
4. Examine the scope of the ordinance-making power of the President.

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5. What is scope of ordinance making power of President and how far is his satisfaction
about existence of necessity/ for immediate action amenable to judicial Review?

DISTRIBUTION OF LEGISLATIVE POWERS BETWEEN

THE UNION AND THE STATES

1. Discuss the law relating to the powers of Parliament and State Legislatures to
punish a person for breach of their privileges.
2. Discuss the legislative powers of the Union and States as provided in the Constitution
on the basis of subjects and territory.
3. Discuss ‘Residuary Powers’ of the Parliament to legislate.
4. The non-obstante clause in Article 246 ought to be regarded as last resource in case
of an inveitable and irreconcilable conflict between the lists.” Examine critically. Also
discuss the abuse/ abuses related to this clause.
5. Is there any connection between the doctrine of ‘pith and substance’ and ‘non-obstante
clause’? l. Write critical notes on the fol lowing- (i) Residuary powers.
6. Write critical notes on "Doctrine of Legitimate Expectation".
7. “The entries in the legislative lists are not the source of powers for the legislative
constituents, but they merely demarcate the fields of legislation. It is now well settled
law that these entries are to be construed liberally and widely so as to attain the
purpose for which they have been enacted. Narrow interpretation of the entries is likely
to defeat their object as it is not always possible to write these entries with such
precision that they cover all possible topics and without any overlapping.” Critically
evaluate the above statement with reference to interpretation of legislative entries
contained in Seventh Schedule to the Constitution.
8. Doctrine of prospective Overruling.
9. "The doctrine of pith and substance introduces a degree of flexibility into the otherwise
rigid scheme ofdistribution of legislative power under the Indian Constitution." Justify
this statement with the help of case law.

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10. "The constitutional scheme of the distribution of legislative powers weighs heavily in
favour of the Union parliament." Elucidate with the help of constitutional provisions
and judicial decisions.
11. Briefly explain the principles of interpretation which have been upheld in ascertaining
the respective jurisdictions of Parliament and the State Legislatures set out in Article
246 of the Constitution of India.
12. Can Parliament oflndia make laws on the entries in the ’State List? If so, in what
circumstances?
13. Outline any three constitutional provisions that ensure nondiscrimination against any
State by the Centre.
14. "What you cannot do directly, you cannot do indirectly". Discuss and comment on the
theory of colourable legislation. (Colourable Legislation)
15. "The doctrine of pith and substance introduces a great deal of flexibility into otherwise
rigid scheme of the distribution of legislative powers". Explain. (Pith & Substance)
16. Explain the doctrine of pith and substance in relation to distribution of legislative
powers between the centre and the states. (Pith & Substance)
17. 'Distribution of legislative powers between the union and the states has been heavily
tilted in favour of the Union by a liberal interpretation of the residuary power clause
by the Supreme Court. Discuss.(Residuary Power)
18. 'A federal government is a legalistic government, a characteristic feature of which is
the allocation of powers between the centre and the states.' Explain the provisions
regarding the centre-state relations in the fields of legislation and administration.
19. A state legislatures has enacted a statute imposing a tax on buildings in the municipal
areas of the State. Validity of the statute is challenged as being beyond the legislative
competence of the State legislature. Entry 86 of List 1 in the Seventh Schedule states,
"Tax on capital value of assets exclusive of agricultural land, of individuals and
companies..." and Entry 49 of List II. "Tax on lands and buildings", The argument is
that a "building" being a part of the assets the Union's power prevails over the State's
power. Discuss and decide.

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20. The Parliament, under Sec. 47 of the Coal Bearing Areas (Acquisition and
Development)Act, sought to acquire Coal bearing lands and rights over them, belonging
to the States. West Bengal argued that the States had within their allotted field 'full
attributes of soverignty' and, therefore, "exercise of authority by the Union agencies
which trenches upon that soverignty is void.

ADMINISTRATIVE AND FINANCIAL

RELATION BETWEEN THE
UNION AND THE STATES

1. Evaluate the constitutional provisions relating to administrative relation between the

Union and the State with special emphasis on inter-governmental delegation of
administrative power.
2. Explain the provisions made in the constitution of India for smooth administrative
relationship between the Union and the States.
3. Critically discuss the financial relations between the centre and the states? What
measures have been suggested to strengthen financial position of States?
4. Examine the scope of administrative relations between the Union and the States of
India.

SUPREME COURT AND HIGH COURTS –

THEIR POWER AND JURISDICTION
Supreme Court

1. Elucidate the scope of the appellate jurisdiction of the Supreme Court of India under
the constitution with regard to Criminal matters.
2. While discussing the underlying principle of the 99th Amendment Act, 2014, comment
on the present system of appointment of judges to the Higher Judiciary in the country.

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3. Under what circumstances, apart from concerned parties, a third party has locus
standi to move writ petition before the High Court or Supreme Court? How has this
procedure helped in developing and promoting democratic principles in the country?
4. Explain the scope of the ‘Special Leave Jurisdiction’ of the Supreme Court as
expounded by it.
5. “Contempt of Court is a power inherent to a court of record.” In this regard discuss the
sweep of power of the Supreme Court and the High Courts to punish their contempt.
Also examine the defences of‘fair criticism’ and ‘truth’ in the light of Contempt of Courts
Act, 1971.
6. Critically examine the role of the Supreme Court of India in the maintenance of
minimum standards in public life and polity.Opine on how much of it is enforcement
of the rule of law and how much of it is judicial activism.
7. "While certainty of law is important in India, it cannot be at the cost ofjustice."
Criticallyexamine this statement in the context of curative petition' in India and also
refer to relevant case-law.
8. "The fragrance and colour which is enshrined in Article 141 of the Constitution of
India isdestined to uphold the Rule of Law in the interest ofjustice and people of India."
Do you agree? Give reasons.
9. Examine the scope of the 'Special Leave Jurisdiction' of the supreme Court, as
expounded by the Supreme Court of India.
10. Discuss in detail the advisory jurisdiction of the Supreme Court of India. Is the
Supreme Court opinion binding all courts?
11. Discuss the scope of the Original and Advisory Jurisdiction of the Supreme Court of
India. Also give in brief your response to the view that the Advisory Jurisdiction be
abolished. [2005 2(b)]
12. Article 136 does not confer a right of appeal on a party as such but it confers a wide
discretionary power on the Supreme Court to grant Special Leave to Appeal in suitable
cases. Discuss.

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13. Do you agree with the view what it is not possible to define limitations on the exercise
of discretionary jurisdiction vested in the Supreme Court by Article 136? Give reasons
for your answer.
14. "The law declared by the Supreme Court of India shall be binding on all courts within
the territory of India. Discuss.
15. State arguments for and against advisory jurisdiction of the Supreme Court?
16. The Supreme Court has been assigned the role of a sentinel on the qui vive for the
protection of the Fundamental Rights. Discuss.

High Court

1. The powers under Article 226 confer a discretion of the most extensive nature on the
High Courts. But the very vastness of the powers conferred on the High Court imposes
on it the responsibility to use them with circumspection. Discuss briefly the principles
which would regulate the exercise of the jurisdiction under Article 226.
2. "The High court's power of superintendence under Article 227 is of an administrative
as well as of judicial nature." Discuss.
3. The father of a student writes a letter to the High Court complaining of ragging of
freshers by senior students in the college of his son. The High Court treats the letter
as a writ petition. After hearing the parties, High Court issued directions to the
government to enact a suitable legislation to prevent the evil of ragging. The
government questions the authority of the High Court to issues such directions, by
filing an appeal to the Supreme Court. Decide, giving reason.
4. State the advantages in adjudication of disputes by administrative tribunals. Mention
the ground on which the High Court may exercise judicial control on the working of
these tribunals.

Appointment and Transfer of Judges

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1. How would you judge the constitutional validity of an Amendment giving primacy to
the executive in the matter of appointment of the judges of the Supreme Court and
High Courts?
2. Examine in detail the provision s of the C’onstituition regarding
appointment of Judges of the Supreme Court of India. Is it necessary to
constitute a Commission to rev iew and reform the prevailing provisions o f
the Constitution in this regard ? Give reasons.
3. "The recent judicia l pronoun cement on the question of the appointment of
the judges of the Supreme Court for a ppointment of Judges of the Supreme
Court and the High Courts is domin ated by the emphasis on integrated
participatory consultative process for selecting the best and most su itable
persons available for the appointmen t."
Elucidate the above state ment highlighting the norms la id down by the
Supreme Court and the High Court and for transfer o f the judges of the
High Courts,
4. Independence of judiciary being a basic feature of the constitution,
appointment of judges should not be influenced by politic al
considerations. Discuss.
5. Examine whether the opinion of the Chief Justice of India in regard to th e
appointment of Judges to the Supreme Court and High Courts is entitle d
to primacy. Can the President o f India disregard the said opinion when it
is in conflict with the advice tendered by the Council of Ministers. Refer
to the constitutional issues and the case law on the point.
6. D, a judge of a High Court was tra nsferred by the Presidentia l order to
another High Court. D challenges the transfer on the ground that the order
was issued without his Consent and without the concurrence of the Chief
justices of the two state High Courts concerned and of the Chief Jus tice
of India. Examine the legal issues in volved.

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7. A lawyer challenges the appointment of P as a judge of the High Court on the ground
that the Chief Justice of India did not recommend the name of P when the President
consulted him. Identify the issues involved in this case.

FUNDAMENTAL RIGHTS
RIGHT TO EQUALITY
Article 14

1. The horizon of‘Legal aid' has been widened best, still the impact is totally missing. How
would you resolve this crisis which is ruining the life of millions of poor people of our
country over the years? Suggest some concrete measures to make it more effective and
implementative.
2. “Article 14 of the Constitution of India forbids class legislation not reasonable
classification”. Examine and also discuss how far equality of status and opportunity
are achieved by this Constitutional provisions.
3. Do you agree with the view that “Equality is antithesis of arbitrariness? In fact equality
and arbitrariness are sworn enemies”? Comment critically.
4. Doctrine of equality under the Constitution cannot be applied to legitimize an illegal
act. Can equality be invoked to justify another wrong? Critically examine with reference
to cases.
5. ’Equality is a dynamic concept with many aspects and dimensions, and it cannot be
cribbed,cabined or confined within traditional and doctrinaire limits.’ Explain, how the
judiciary has widened the scope of the right to equality by various decisions.
6. Define and distinguish between ’formal equality’ and ’substantive equality’ as
interpreted by the Apex Court of the country.
7. "Equality is the basic feature of the Constitution of India and any treatment of equals
unequally or unequals as equals will be violation of basic structure of the Constitution
of India." Explain.

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8. 'Rule of Law' does not mean rule according to statutory law, pure and simple, because
such a law may itself be harsh, inequitable, discriminatory or unjust. Rule of law'
connotes some higher kind of law which is reasonable, just and non-discriminatory.
Explain.
9. "In fact, equality and arbitrariness are sworn enemies; one belongs to the rule of law
in republic while the other, to the whim and caprice of an absolute monarch," Elucidate
with the help of constitutional provisions and judicial decisions.
10. "The extensive use of the device of reasonable classification' by State and its approval
by the Supreme Court has rendered the guarantee of'fair and equitable treatment'
under Article 14 largely illusory." Discuss making clear the constitutional and popular
concepts of'right to equality' in India.
11. The Civil Surgeon had issued an advertisement for a training course in midwifery at
the District Hospital. The advertisement had a clause "Married women candidates must
enclose along with their application their husband's written permission for pursuing
the course." The wife got the letter of consent from her husband and joined the course.
The husband, however, had second thoughts and wrote to her and the authority saying
she should return immediately as her not being there would disturb the family life and
hence she would not be permitted to join. Thereafter the authority asked her to produce
another letter of "No objection" from the husband. Examine with reference to the
relevant provisions of the Constitution the validity of the order of the authority.
12. What is prohibited is hostile discrimination, and not reasonable classification?
13. Arbitrariness is the very antithesis of equality'. Discuss.
14. Right to equality is available only against state actions and arbitrariness but since the
right to equality has very' wide application, there has been steady enlargement of the
scope of state for the benefit of people. Discuss.
15. Discuss the basic conditions for making constitutionally valid classifications under the
doctrine of'equality before law'. Illustrate your answer particularly with reference to
validity of such enactments which apply to an individual only.

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16. 'The right to equality of people in India requires a judicious exercise of legislative and
executive powers.' Discuss and evaluate the development of constitutional law in India
on this aspect.'
17. 'It is now well established that while Article 14 forbids class legislation, it does not
forbid reasonable classification.' Discuss.
18. The rule of law permeates the entire fabric of the Constitution and indeed forms one of
its basic features.' Mr. Justice Bhagwati in Bachan Singh Vs. State of Punjab AIR 1982
SC 1325. Discuss.
19. An act passed by a State Legislature empowered the State Government to establish
special tribunals and to transmit to them any case or class of cases to be tried by a
summary procedure. 'X', who is accused of a murder with a political motive; is ordered
by the State Government to be tried by a special tribunal with the declared objective of
a speedy trial. Can the accused challenge the order before Court? If, so, on what
grounds?

Articles 15-16

1. What is ‘Protected discrimination’? Examine how far it is constitutional under Article

15 and 16. Give reference of decided cases. Also mention the limitations of theses
articles as per its application.
2. A backward class cannot be identified only and exclusively with reference to economic
criterion. A backward class may, however, be identified on the basis of occupation-
cum-income without any reference to caste. There is no constitutional bar in the State
categorising the backward classes as "backward" and "more backward’. Do you agree
with the statement? Give reasons.
3. Critically examine the constitutional validity of an amendment deleting Article 16(4)
and authorizing the Slate to make job reservation in favour of the backward classes of
citizens.

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4. "Article 16 (4) is by itself a rule of equality rather than an exception to the rule." What
is your view ? Discuss with the help of case- law.
5. In order to cure the heavy under-representation of the Scheduled Castes and the
Scheduled Tribes in the State services even after fifty years of the Constitution, a State
wants to make a scheme, which may remove this imbalance within a period of five
years. Advise the State about the steps that it may take under the Constitution for this
purpose.
6. What fundamental right, if any, of a person is violated if the State acts in pursuance
of either Article 15(4) or 16(4) of the Constitution oflndia?
7. Right not to be discriminated on the ground of sex and the need for empowerment of
women by making special provision for them requires the State to ensure that women
have adequate representation in Parliament. Argue for and against the proposed
constitutional amendment for the purpose.
8. The Govt, of India by an office memorandum reserved 27% of posts for appointment
under the state in favour of socially and educationally backward classes. A petition is’ll
led in the Supreme Court challenging its validity on the ground that it could only be
done by an Act of Parliament and not by an executive order. Decide.
9. Reservations should be made only in respect of direct recruitment at any level but not
in respect of promotions. Discuss.
10. The post of the Director of Health Services was reserved by the state government for
scheduled castes. 'A' a member of the scheduled caste was appointed to this post. 'B',
the seniormost Deputy Director of the Health Services questioned the selection. B"s
argument was that treating a single isolated post of the director as reserved is 100%
reservation not allowed under the constitution. Write a reasoned judgement.
11. The reservation policy adopted in India in the last four decades has failed to promote
social justice. On the contrary, it has led to social friction, conflict and disharmony. It
has been called a case of right goal, wrong strategy.' Critically examine this statement
and suggest measures to protect the interests of socially, educationally and
economically backward classes of people.

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12. 'Discuss - "The CJonstution of India is not an inert document... it requires taking of
affirmative action and providing of correctives against social exploitation by the
government'.
13. Examine the scope of'protective discrimination offered to persons belonging to
scheduled castes, schedules tribes and other backward classes under Article 15(4) and
16(4) of the Constitution of India citing relevant case-law.
14. Paragraph 3 of the constitution (Scheduled Castes) order, 1950 states that a person
belonging to a scheduled caste but professing a religion other than Hindu or Sikh
religion is not deemed to be a member of a scheduled caste. The petitioner born in.a
scheduled caste later on converted to Christianity was denied the benefit of preferential
treatment due to a member of scheduled caste, questions the validity of the said
provision. Decide referring to the relevant court decisions.
15. In this connection, critically review the following remarks of H.M. Seervai, relating to
the injustice done to members of'advanced classes' by the process of'reverse
discrimination' under the above Articles: "It is submitted that Judges who have to
balance the claims of all the parties affected by any action under Art. 16(4) ought to
reflect that if the injustices of the past are to be strongly denounced now, then the
future will denounce quite as strongly the injustices suffered by members of the
'advanced classes' since 1950."

RIGHT TO FREEDOM OF SPEECH

AND EXPRESSION (Art. 19)
1. Write critical notes on the following –
(i) Whether law relating to preventive detention can be challenged for violation of
Article 19?
2. Is “Commercial advertisement” covered within the ambit of “freedom of speech and
expression”? Discuss with reference to leading cases.

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3. Is there any difference between ‘Right to information’ and 'Right to be informed’ ? Do

we have any provision in the Constitution in this regard ? Discuss with reference to
case law.
4. Scope of the Right with regard to self-incrimination.
5. "The term 'freedom of speech and expression' in Article 19(1) (a) has been held to
include the right to acquire information and disseminate the same." Elucidate the
import of this statement in the context of media industry. Is the right to paint or sign
or dance covered by Article 19(1)(a) of the Indian Constitution or not?
6. Rights of the press and the problem of pre-censorship.
7. What is the meaning of’Freedom of press' under the Indian Constitution? Can the
freedom of press be restricted by a law requiring the press owners to pay minimum
wages to the employess of the press? Decide.
8. "The fundamental right to freedom of speech and expression has in recent times seen
expanding horizons." Discuss and point out the judicial approach in this regard.
9. "Liberty of press consists in laying no prior restraints upon publications and not in
freedom from censure for matters when published."Explain and indicate how far this
liberty of press is protected under the Indian Constitution.
10. In order to make the best use of the limited resources in the country and to meet
certain demands of the journalists and other workers in the newspaper industry; the
government plans to enact a law which (i) fixes the minimum wages for all the
journalists and workers, (ii) declares Sunday and all other national holidays as
compulsory holidays for the newspaper industry; (iii) requires the newspapers to
allocate certain percentage of news space to pressing socio-economic issues facing the
country; and (iv) prohibits certain kinds of advertisements, particularly those which
make indecent depiction of women.
Your advice is sought by the government on the constitutionality of such legislation
vis-a-vis Article 19(l)(a). Give your advice with reference to decided cases.
11. What is included within the right to freedom of speech and expression? Are commercial
advertisements covered by the protection? Discuss referring to decided cases.

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12. X has been sentenced to death for having committed several murders. He writes his
autobiography in jail and hands over the same to his wife for publication. The
autobiography depicts a close nexus between X and some top government officials,
some of whom had been partners in these murders. Z, a publisher accepts the
autobiography for publication. The Inspector General (prisons) asks Z to stop
publication of X's autobiography as it contains defamatory material against state
officials and is false.
Z contends that the Inspector General prisons has no authority to impose a prior-
restraint upon the publication of the autobiography. Decide.
13. Doordarshan invited X. a lady journalist, for an interview to be telecast subsequently.
The theme of the interview was "laws relating to women". In the course of the interview
X referred to a bill on women's rights pending in Parliament and criticised that some
of its provisions are unjustified and unconstitutional. This portion of the interview was
arbitrarily deleted when the interview was telecast. X wants to challenge with deletion.
Discuss the questions involved.
14. The state education rules provide for compulsory singing of national anthem in schools
every morning. "X", a student, whose religion does not permit singing in praise of
anyone other than God refuses to sing but stands in respect when national anthem is
sung. The school authorities expel 'X' for violating the rules. Write the grounds on
which the expulsion can be challenged.
15. 'Citizens' right to show films on Television and Doordarshan'. Discuss with reference
to decided cases.
16. Assess how far the 'right to know' is a Fundamental Right under the constitution of
India.
17. It is open for the state to curb monopolies and prevent concentration of economic
power, but when such legislation has direct effect of infringing the freedom of the Press,
then such legislation.is required to be declared invalid in relation to the newspaper
industry'. Discuss.

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PROTECTION IN RESPECT OF CONVICTION

OF OFFENCES (Art. 20)

1. A boy aged 16 was convicted and punished in 1957 to undergo rigorous punishment
for six months. After his conviction, the probation of offenders Act, 1958 was passed.
In appeal, he claims the protection of the probation of offenders Act, 1958. Decide.
2. Examine the scope of the constitutional guarantee to accused persons under Art. 20
of the constitution referring to relevant case-law.
3. X attempted to smuggle currency and other contraband goods out of India. The goods
were seized and a customs collector passed orders confiscating the goods and imposing
penalities on X, under the Sea Customs Act. On a subsequent complaint by the
customs authorities, on the same facts, X was convicted by a criminal court under the
provisions of the Foreign Exchange Regulation Act, the Sea Customs Act and the Indian
Penal Code. X argues that this amounts to double punishment and is illegal under Act.
20(2) of the constitution. Decide.

RIGHT TO LIFE AND PERSONAL LIBERTY

(Art. 21-22)
1. Discuss the importance of‘Right to life and personal liberty’ with reference to recent
case laws.
2. “Right to life means something more than mere animal existence”. Discuss with
reference to case law. Is there any difference between the expression "right to life’ and
‘personal liberty’? Explain critically.
3. In what circumstances and for violation of which rights can monetary compensation
be awarded to the victims ? What is your view for adopting such an approach by
judiciary ? Analyse critically.
4. The decision o f the Supreme Court of India in ADM, Jabalpur v. S. Shukla, according
to Dr. upendra Baxi made the emergency completely dark." Do you think that the

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Constitution (44 the Amendment) Act 1978 removed this darkness and piovided for
better protection of the Fundamntal Rights? Explain.
5. Right to life has been extended to a clean human environment by the Courts in India.
Discuss the development of law in this regard.
6. Whether right to vote is a fundamental or a statutory right ?Justify your statement
with the help of relevant case-law on this subject.
7. New frontiers of criminal justice have been spelled out from Article 21 of the
Constitution, which provides that* no person shall be deprived of his right to life and
personal liberty except according to procedure established by law. Discuss and refer to
decided cases.
7. "Preventive Detention is the only exception carved out to the generally accepted
proposition that no person shall be deprived of his personal liberty except in
accordance with the procedure established by law." Discuss the safeguards evolved by
the Judiciary for the protection of personal liberty of a person detained under the law
of Preventive Detention.
8. Critically examine the decisions of the Supreme Court from A. K. Gopalan to Maneka
Gandhi cases with special reference to "procedur established by law.”
9. Discuss any one theory developed by the Supreme Court of India under Article 21 of
the Constitution of India for compensation to the victims.
10. Critically examine the statement that though Maneka Gandhi Vs. Union of India has
made a great advancement towards the understanding and application of the
Fundamental Rights in our Constitution, it has not been able to make much difference
either to the preventive detentions or towards ensuring the due process of law.
11. Explain the provisions relating to protection and improvement of environment in our
Constitution with special reference to the role ofjudiciary in this regard.
12. "The Supreme Court in Maneka Gandhi's case has revolutionized the law relating to
'personal-liberty' under Article 21 of the Constitution." Explain with illustration.

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13. The term 'procedure established by law' in Article 21 of the constitution has been
interpreted by the Supreme Court to entitle an accused person to a right to fair trial.
Discuss and referring to decided cases, spell out the ingredients of a fair trial.
14. The Service Rules of a statutory corporation allow the corporation to terminate the
services of a confirmed employee by giving three months notice or by paying three
months' salary in lieu of notice. The validity of the rule is challenged for violation of
Articles 14 and 21 of the Constitution. Decide giving reasons.
15. "Right to Equality and protection to personal liberty are no longer mutually exclusive."
Discuss.
16. Clause 3 of the constitution 44th Amendment Act which provides for several vital
safeguards in favour of persons under preventive detention has not yet come into force
as the Central Government has not issued the necessary notification under clause 2 of
the Amendment. A detenue aggrieved by the Central governments apathy and in action
moves the Supreme Court in proceedings undr Art.32 for a writ of mandamus to compel
the government to appoint and notify the date of commencement ofclause 3 forthwith.
Is he entitled to seek such a direction from the court. Discuss in the background of
connected case law.
18. True our constitution has no 'due process' clause but after Maneka Gandhi’s case the
consequence is the same." Discuss.
19. X was sentenced to death but his death sentence was not executed for ten years. X
contends that to take away his life after keeping him in jail for 10 years entitles him to
demand the quashing of his death sentence under Article 21 of the constitution.
Examine X's contention.
20. Does the right to life and personal liberty in Article 21 of the constitution embrace a
right to clean, healthy and livable environment, using the expression "environment" in
its broadest meaning as understood in contemporary jurisprudence? Examine the
question in the background of cognate constitutional provisions and case law.
21. "Right to life includes the right to commit suicide". Examine.

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22. Consequent on a dispute between two rival groups, the police arrested A the leader of
the group and lodged him in sub-jail. A warned the authorities that the other group
may attack him in jail. But the authorities did not take any precautionary measures.
At night the rival group attacked and killed A in jail. The heirs of A filed a writ petition
before the High Court asking for compensation for the violation of the right to life of A.
The state pleads sovereign immunity. Decide.
23. Explain how fundamental right to education was evolved. What limitations are now
placed on this right by the Supreme Court?
24. Are provisions relating to preventive detention undemocratic and harsh? Discuss
briefly the safeguards available to a person detained under law of preventive detention.

25. X is suffering from Kidney failure and doctors advise that by frequent dialysis he can
remain alive for some years. Dialysis of blood is a very costly treatment. X has some
property but he wants this property to be used by her wife and children. Can X refuse
this treatment? Discuss the constitutionality of the rights to life and to die.
26. 'Fundamental Rights in India secure the minimum of people's liberties which neither
the state can take away nor a person can surrender. Discuss.
27. A person employed in the police department goes on hunger strike in protest against
some alleged injustice pertaining to his services. He is prosecuted under section 309
of Indian Penal Code for attempt to commit suicide by going on hunger strike.The
accused person claims freedom to commit suicide as part of protection to life and
personal liberty guaranteed by Article 21 of the Indian Constitution. Decide referring
to relevant court decisions.
28. The right to life in Article 21 includes the right to livelihood. Explain. State the precise
ambit of protection to life and personal liberty under Article 21 of the constitution.
What is the remedy available to a person who has been deprived of the means of his
livelihood by a procedure which is just, fair and reasonable?
29. How' can the writ of habeas corpus be used to protect a convict in jail from arbitrary
treatment by the jail officials?

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FREEDOM OF RELIGION
(Art. 25-28)
1. Write short notes on "Secularism."
2. "It is the religious teaching not the teaching of religion which is prohibited under the
Constitution of India.'
3. "Secularism is neither anti-God nor pro-God. it eliminates God from the matters of
State and ensures that no one shall be discriminated on the grounds of religion." In
the light of the above observation discuss the true import of freedom of religion
guaranteed under the Indian Constitution.
4. A law prohibits religious conversions brought about by use of fraud, force, or
allurement and make it a punishable offence. In a writ petition it is alleged that the
law is violative of right to propagate religion guaranteed under Article 25 of the
constitution. Decide giving reason.
5. "Indian secularism is neither anti-religious nor it is based on total neutrality towards
religion but is based on equal respect for all religion". Explain and illustrate.
6. Discuss the characteristics of secularism and examine how far the Indian constitution
is secular.
7. The right to freedom of religion has neither created a secular state in India nor
promoted secular outlook in public life.' Critically examine the above statement and
suggest measures necessary to promote a secular social order in which secular state
may grow.
8. Constitution of India accepts secularism but there is no rigid separation between state
and freedom of religion given to the individual'. Critically examine the constitutional
provisions.
9. A new colony is developed near a Jain temple which is more than 15 km. away from a
city and there is no temple for worship in the colony. The people make a demand for
installing Shivating in this Jain temple for worship. This demand is rejected by
management of the temple. The people file a writ against the temple under article 226

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for the protection of their freedom of religion under article 25 of the constitution.
Decide.
10. X, an Indian student, belonging to a religious group among Christians, known as
Jehovah's Witnesses, refuses to sing the National Anthem in his school, on the ground
that his religion does not permit him to join any rituals except if it be in his prayers to
Jehovah, his God.' X is consequently dismissed from the school by the Headmistress
of the school, acting under certain circulars of the Director of Public Administration of
that State, compulsory requiring the singing of the National Anthem in every school. X
challenges the validity of his rights under Arts. 25 to 26 of the Constitution. Decide,
giving reasons.

CULTURAL AND EDUCATIONAL

RIGHTS (Art. 29-30)
1. If the words "All minorities..... " in Article 30 of the Constitution of India are replaced
by the words, "All sections of citizens having distinct language or religion", what
fundamental rights of the minorities would be affected?
2. Discuss the relationship between Article 29 and Article 30 of the Constitution.
3. A minority educational institution, which is completely unaided by the government, is
required by the Education Code framed by the government to pay to its teachers, salary
at the prescribed rate. The institution shows its inability and contends that the
enforcement of the code amounts to interference with its constitutionally guaranteed
right of administration. Decide giving reason.’
4. 'Statutory regulation of educational standards and condition of employment in
minority educatioal institutions.' Discuss with reference to decided cases.
5. 'Where the claim for protection to a minority educational institution is a mere cloak or
pretention and the real motive is business adventure, the protection of article 30( 1) is
not available.' Comment upon the said statement and discuss the scope of
constitutional rights guaranteed to minotiries, referring to relevant case law.

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6. A college established and administered by Arya Samaj imparts instructions through

Hindi medium written in Devnagri script. The university by a circular directs that
examinees from such a college must take the examination in Punjabi language written
in Gurumukh. script. The college challenges the constitutional validity of the circular.
Decide.

FUNDAMENTAL RIGHTS (Art. 32)

1. “PIL writ petition cannot be filed in the Supreme Court under Article 32 of Indian
Constitution only if a question concerning the enforcement of ‘Fundamental Rights' is
involved.” Comment.

2. What is ‘Public Interest Litigation’? What are the major facets of this form of litigation?
Also discuss the limitations of this type of litigation.
3. Do you agree with the statement that "all human rights are fundamental rights
protected and recognised by the Constitution of India”. Discuss with reference to
statutory provisions and case laws.
4. Locus standi is necessary for challenging an administrative action, through a writ
petition.How has it been liberalised in case of public interest litigation? Comment on
the statement that "PIL is not a PILL against all the ILLS."
5. Examine and elucidate the scope and significance of Art. 32 of the constitution in the
context of PIL as expounded by the Supreme Court in M.C. Mehta vs. VOL AIR 1987
S.C. 1086.
6. What is judicial Activism? In this context evaluate the contribution of the Supreme
Court of India, which is empQwered to act as the guardian of the constitutional
provisions.
7. Discuss the nature and the scope of the following writs:
(i) Certiorari
(ii) Mandamus

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8. The right to receive compensation in proceedings under Article 32 of the constitution

for violation of the fundamental right to life and personal liberty by public officials
cannot be defeated by raising a plea of sovereign immunity. Discuss with the help of
case law.
9. In matters of larger public interest the requirement of Locus Standi has been liberally
construed. Illustrate your answer with reference to decided cases.
10. The Ministry of Railways invited tenders from registered second class hoteliers for
running a restaurant in the New Delhi Railway Station. The highest tender offered
hotelier. Y who had not filed a tender, as he was not a registered second class hotelier,
challenged the award of the contract to X, by a writ petition. X contends that Y's writ
petition should be dismissed, as he had not filed a tender and was thus not an
aggreived party. Decide, citing relevant cases.
11. Discuss the liability of the Government in India, for the tortious acts of its servants.
12. "Part III of the Constitution is a self contained Code. It not only described the Rights
but also prescribes the remedies." Explain and illustrate with reference to the
provisions of the Constitution.

FUNDAMENTAL DUTIES (Art. 51 A)

1. Enumerate the fundamental duties as provided in the Constitution of India. Also
discuss the rationale behind the incorporation of fundamental duties in the
Constitution of India later on.
2. “Fundamental duties are only ethical or moral duties and should not form a part of the
fundamental law'’. Comment.
3. Spell out the object and reasons of Part IV A of the Constitution of India. Do you
support this addition to the Constitution of India? Give reasons and also suggest some
effective measures to make these provisions more realistic and operational. [2009 3(b)]

STATE EXECUTIVE

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Governors and His Powers

1. What is the position of the Governor in a State? Examine the Pardoning Powers of the
Governor under the Constitution. Is Pardoning Power, subject to judicial review?
2. Critically evaluate the powers of the Governor of a State as provided under the
Constitution of India. How would you interpret the following observation that “the role
of a Lieutenant Governor is no more than that of a facilitator of administration under
the president’s control”?
3. What would be your opinion regarding the view that the exercise of powers by the
President and Governors under Article 72 and 161 to grant mercy should also be open
to Constitutional Challenge? Discuss with reference to recent cases of the Apex Court
of the country.
4. Define and distinguish between ‘Constituent power’, ‘Amending power’ and ‘Legislative
power’. Give illustrations.
5. The Governor of a State holds office during the 'Pleasure' of the president of India. Can
he.be removed by the President any time without any reason?Examine in the context
of the position of the Governor under the Indian Constitution.
6. In recent times the role of Governor in the appointment and dismissal of Chief Minister
has been impugned and it is said that the Court has assumed the role of the Governor
and the Speaker. Comment Refer to recent cases where the Supreme Court has
directed to take composite floor test and report to the Court.
7. How far the Governor of a State is bound to act with the advice of his Ministers? What
functions are required by the Constitution to be exercised in his discretion?
8. The pardoning power of the Governor is not immune from Judicial review." Examine
this statement in the light of the case of Satpal vs. State of Haryana, (2000).
9. What are the discretionary powers of the Governors of States? Why is there no provision
in the Constitution for impeachment of a Governor? Explain.
10. "Repromulgation of ordinances without placing them before the Legislative Assembly
is a fraud on the Constitution. Discuss with reference to D.C. Wadhwa's case.

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11. Assess the powers of the Governor as the head of the Government of a state. Is the
Governor bound to act according to the advice of the Chief Minister, when he exercises
powers conferred on him under a statute as the chancellor of a University in his state?
Give your reason.

UNION EXECUTIVE
President
1. Briefly enumerate the executive powers of the President, especially when two or more
States are involved in non- observance of an inter-State agreement.
2. “The Prime Minister is the keystone of the Cabinet arch because he is responsible for
its formation, life and death.” Critically examine the above statement in the light of
various provisions of the Constitution and determine the position of the Primie Minister
of India in the Cabinet.
3. Examine and elucidate the constitutional scope of the Ordinance making power of the
President and the Governors in India.
4. Duties of the prime Minister regarding furnishing of information to the president.
5. The distinction between 'Executive power'of the president and his 'Constitutional
power'.
6. Is the president of India a mere constitutional head? Is he bound to accept the advice
of the Council of Ministers? Discuss fully stating constitutional provisions.
7. Schedule-Ill provides for an oath of secrecy by a minister. Can a Chief Minister
administer such an oath to a non-minister in order to facilitate him with access to all
government documents? Give reasons.

COLLECTIVE RESPONSIBILTY

1. What is meant by ‘individual responsibility’ and ‘collective responsibility’ of the Council

of Ministers ? What would be the consequences of‘individual responsibility’ in case a

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Minister of the Government is found guilty of tort of misfeasance by the Supreme Court
of India? Comment.
2. "Collective responsibilty is the very basis of the parliamentary system of government."
Do you agree with this statement? What has been the impact of coalition politics on
the doctrine of collective responsibilty?

UPSC AND STATE PSCS :

THEIR POWERS AND FUNCTIONS

1. Discuss the powers and functions of the Union Public Service Commission. Also
explain how it has maintained its impartiality.
2. Evaluate the regulatory role of the Union Public Service Commission in the exercise
of'pleasure' by President of India in making appointments, promotions and in
termination of service of Civil Servants.

CONSTITUTIONAL SAFEGUARDS
TO CIVIL SERVANTS
Doctrine of Pleasure
1. The role of‘Ombudsman’ is to correct the administrative faults which are troubling the
rights of a person in view of proliferation of trading entities. Discuss.
2. The concept of ‘Reasonable Opportunity’ being a constitutional limitation on the
doctrine of‘Tenure Pleasure’. Parliament or State Legislature can make a law defining
the content of‘Reasonable Opportunity' and prescribing procedure for affording the
said opportunity to the accused government servant. Explain the concept with
reference to leading cases.
3. Defne the term ‘public servant’. Also discuss the recruitment procedure of public
servants in India.
4. Explain the doctrine of pleasure incorporated into the Indian constitution in respect of
Civil servants. Highlight the safeguards for the protection of civil servants.

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5. "Doctrine of Pleasure in relation to civil servants has been largely watered down by the
specific constitutional safeguards guaranteed by the constitution." Discuss.
6. Efficient, corruption-free, and economically viable administration for the country
requires that state must have power of'hiring and firing' civil servants just as is case
with ministers.
7. The tenure of the civil servants in our country being a pleasure tenure, what security
of service do they have under the constitution?
8. Rule 16(3) of All India Services (Death-cum-Retirement) rules, 1958, empowers the
Central Government to order "in public interest', compulsory retirement of a person
who has completed 30 years of service or attained the age of 55, giving three months
notice. A review Committee reviewed the past record of an officer. X, and the
confidential reports against him, and recommended his retirement at 55. X was never
given an opportunity to make a representation as to why he should not be compulsory
retired. On the basis of the recommendation of the Review Committee, the Central
Government ordered his retirement. X wants to seek a judicial remedy, but a lawyer
has advised him that he has no case, since he cannot prove mala fides on the part of
the authorities. Analyse the facts and issues. Write your opinion.

Constitutional Safeguards

1. What Constitutional safeguards are available to civil servants under the Constitution
of India? Explain the circumstances under which a civil servant can be dismissed from
service without holding a regular inquiry against him.
2. Discuss the constitutional safeguards in respect of dismissal, removal or reduction in
rank of persons employed in civil capacities under the Union or the State. Do these
safeguards override the "Doctrine of Pleasure" embodied in the Constitution?
3. "Article 3 11(2) lays down that a Civil servant cannot be dismissed or removed or
reduced in rank unless he has been given a reasonable opportunity to show cause

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against the action proposed to be taken against him". Critically examine the statement
with reference to the Constitution (Forty-Second Amendment) Act, 1976.
4. X on probation in Delhi Police force was served with a notice to show cause, why he
should not be discharged from service for gross neglect of duties and unsatisfactory
work. X gave an explanation to appropriate authority which was not considered
satisfactory. Thereafter the said authority passed an order discharging X from service
for ’unsatisfactory work and conduct’. X contends that the order is invalid as he has
not been given a reasonable opportunity to be heard as required by Art.311(2) of the
constitution. Discuss X’s contention and decide.
5. What is the scope and content of the phrase: "reasonable opportunity of being heard
in respect of those charges" in Article 311(2) of the constitution of India? Does it
embrace a right to receive a copy of the enquiry officer's report? Refer to case-law on
the subject.
6. A public officer B is charged for corruption and after a departmental enquiry he is
dismissed from service. Subsequently, he is prosecuted under criminal law for taking
bribery and other offences for which he was dismissed from service. Is this prosecution
before criminal court a violation of his constitutional rights?
7. A civil servant hits his superior with an iron rod in a scuffle. On a criminal charge,
brought against him he is convicted. He is there upon removed from service without
any hearing. The action is defended stating that his removal from service is based on
the ground that led to his conviction and hence hearing is not necessary. He questions
the validity of the action on the ground that it is arbitrary, violative of Article 14 and
opposed to the principles of natural justice. Decide.
8. Explain the protection available to civil servants under Art. 311 of the constitution.(
9. One S was compulsorily retired under Rule 56J of fundamental rules. He challenged
the validity of order of retirement on ground of violation of natural justice, in as much
as it had been passed without giving any reason for compulsorily retiring him and
without any opportunity of showing cause against it. Decide.

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10. Discuss the constitutional safeguards, contained in Article 3 11 (as it stood before 42nd
amendment) of the Indian Constitution against arbitrary dismissal, removal or
reduction in rank of a person employed in civil capacity under the Union or state.
[1978 4(a)]

PARLIAMENTARY PRIVILEGES
AND IMMUNITIES

2. "With a view to enabling parliament to act and discharge its high functions effectively,
without any interference or obstruction from any quarter, without fear or favour certain
privileges and immunities are attached to each House collectively and to the Member
thereof individually." Critically examine the statement.
3. "The issue of parliamentary privileges has been bone of contention and conflict between
the parliament and Judiciary." Critically examine in the light of the decided cases.
4. "Parliamentary privileges is an essential incident to the high and multifarious functions
which the legislature is called upon to perform." Discuss the position under the
Constitution of India. Will you suggest reforms if any, in the existing position?
5. "One has to turn to the privileges of the House of Commons to ascertain the
Parliamentary privileges in India". How far is this statement still correct? Discuss.
[2003 1(c)],
6. 'Parliament is the sole judge in matters involving parliamentary priviledges and
immunities except when it is the question concerning the personal liberty of a citizen 1.
Discuss.
7. A highly controversial bill which has attracted public debate is under consideration in
the legislative Assembly of a state and it is to be passed on a particular day. A minister
who is actively supporting the bill is stopped on the road while proceeding to attend
the meeting of the legislative assembly. A young man w'ho disapproves the bill scolds
the minister for the bill and throws a shoe on him. Can the legislative assembly punish
the young man for the contempt of the House? Examine the constitutionality.

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8. ’Warrant of arrest issued by speaker of the House of the people against an individual
in order to face the charges of contempt of the House of the people.' Discuss with
reference to decided cases.
9. The editor of a newspaper publishes a speech made by a member of a Legislative
Assembly in the House ordered to be expunged by the Speaker. The House, after
inquiry, orders the imprisonment of the editor for a breach of the privilege of a writ for
habeas corpus is filed on his behalf challenging the action of the House as violative of
the freedom of the press and on the further ground that the inquiry was not in
consonance with principles of natural justice. The Speaker intimates the Court on the
return of the notice of the petition that the editor was imprisoned for a breach of
privileges of the HOuse and states no more. Can the Court issue the writ?

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