Indian Constitutional Law: Key Questions & Analysis
Indian Constitutional Law: Key Questions & Analysis
2018 What do you understand by the terms “cooperative federalism‟ and “competitive federalism‟? Do you agree with the view that the Indian Constitution is 10
based on the concept of “competitive federalism‟ and not on the concept of “cooperative federalism‟?
2019 "India that is Bharat. shall be a Union of States." Explain. Do you that the Indian Constitution is a Federal Constitution ? Discuss with the help of 15
decided cases.
2019 What do you mean by the term “Rule of Law'? The basic element of Dicey's doctrine of the rule of law is, be you ever so high, the law is above you'. 20
Discuss with the help of decided cases.
2020 With the help of illustrations, discuss and differentiate “cooperative federalism‟ and “competitive federalism‟? 15
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Misc./ Article 12 – State (Part of Fundamental Rights)
2015 Given the contemporary economic, political and social realities, critically evaluate the judicial framework developed to determine whether an 10
agency/body is State for the purpose of Article 12. Is the test currently too narrow? Justify your answer.
2018 Critically evaluate the changing dimensions of the concept of “State‟ under Article 12 of the Constitution of India. 10
Fundamental rights + Relationship between fundamental rights, directive principles and fundamental duties.
2000 Examine critically the relationship between the Fundamental Rights and the Directive Principles of State Policy in the light of decided cases and the 30
constitutional amendments.
2000 “The Supreme Court in Maneka Gandhi’s case has revolutionized the law relating to personal-liberty under Article 21 of the Constitution.” Explain with 30
illustration.
2001 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 of India? 20
2001 Discuss the relationship between Article 29 and Article 30 of the Constitution. 20
2001 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 30
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.
You advice is sought by the government on the constitutionality of such legislation vis-a-vis Article 19 (1) (a). Give your advice with reference to
decided cases.
2001 Critically examine the statement that though Maneka Gandhi V. Union of India has made a great advancement towards the understanding and application 30
of the Fundamental Rights in our Constitution, it has not been able to make much differences either to the preventive detention or towards ensuring the
due process of law.
2002 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 20 x 3 =
or religion............”, What fundamental rights of the minorities would be affected? 60
2002 Discuss any one theory developed by the Supreme Court of India under Article 21 of the Constitution of India for compensation to the victims. 30
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2003 “While the implementation of the Directive Principles of the State Policy is a pre-condition for the enjoyment of Fundamental Rights, the destruction of 20
the Fundamental Rights will frustrate the realization of the Directive Principles”. Discuss.
2012 Are personal laws ‘law’ for the purposes of Part III of the Constitution? Discuss with reference to leading case law. 12
2012 With special reference to the landmark judgments of the Supreme Court of India, discuss the effect of relegation of the right to property from being a 20
fundamental right to a constitutional right. Also suggest the changes required to be made in the Land Acquisition Act, 1894.
(a) Has judiciary been a hindrance or a facilitator in the interpretation of Directive Principles? Examine in the light of various judgments of the 10
2013 Supreme Court.
(b) “Fundamental duties are only ethical or moral duties and should not form a part of the fundamental law.” Comment.
(c) Is ‘Commercial advertisement’ covered within the ambit of ‘freedom of speech’ and expression? Discuss with reference to leading cases.
(d) Critically examine the constitutional validity of an amendment deleting Article 16(4) and authorizing the State to make job reservation in favour
of the backward classes of citizens.
(e) 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.
2013 Whether law relating to preventive detention can be challenged for violation of Article 19? 15
2014 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 10
as well as imposes an obligation on the Courts to declare a law void, if it is inconsistent with a Fundamental Right. Discuss.
2014 Explain and elucidate the meaning of the ‘Right to personal liberty’ as interpreted by the Supreme Court in Papanasam Labour Union v. Madura Coat ltd. 15
AIR 1995 S.C. 2200, Analyse critically the guidelines prescribed by the Hon’ble Supreme Court in this respect
2014 A backward class cannot be identified only and exclusively with reference to economic criterion. A backward class may, however, be identified on the 15
basis of occupation-cum-income without any reference to caste. There is no constitutional bar in the State categorizing the backward classes as
‘backward’ and ‘more-backward’. Do you agree with the statement ? Give reasons.
2014 Do you agree with the statement that “all human rights are fundamental rights protected and recognised by the Constitution of India”. Discuss with 15
reference to statutory provisions and case laws.
2015 “Article 14 of the Constitution of India forbids class legislation not reasonable classification” Examine and also discuss how far equality of status and 10
opportunity are achieved by the Constitutional provision.
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2015 Right to life means something more that mere animal existence. Discuss with reference to case law. Is there any difference between the expression ‘right 20
to life’ and personal liberty? Explain critically.
2015 What is ‘protected discrimination’ ? Examine how far it is constitutional under article 15 and 16. Give reference of decided cases. Also mention the 15
limitation of these articles as per its application.
2015 Explain the opinion of the Supreme Court of India regarding the relation between the Fundamental Rights and Directive Principles of State Policy in the 15
light of its decided cases. Do you agree with the view that giving primacy to one over the other is to disturb the harmony of the Constitution ? Comment
with reference to the present day scenario relating to education, health, religion etc
2016 Discuss the relationship between ‘Fundamental Rights’ and ‘Directive Principles of State Policy’ in the light of the constitutional amendments and 10
decided cases.
2017 Discuss the importance of Rights to life and personal liberty with reference to recent case laws. 10
2018 “The liberty of the press implicit in the freedom of speech stands on no higher footing than the freedom of speech and expression of a citizen, and no 20
privilege is attached to the press as such distinct from the ordinary citizen.” Explain this statement and also distinguish the term “freedom of speech and
expression and “speech and expression.‟
2019 ‘Right to Privacy’ is protected as an intrinsic part of life and personal liberty enshrined under Article 21 of the Constitution of India.” Elucidate this 10
statement in the light of the decision of Justice K.S. Puttaswamy (Retd.) v. Union of India.
2020 Examine the scope of protective discrimination offered to persons belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes under 15
Article 15 and 16 of the Constitution of India. Explain with the help of decided cases.
Directive principles
2013 Comment : Introduction of Uniform Civil Code. 20
2018 Examine the concept of social justice as envisaged in the Constitution more particularly in Chapter IV of the Constitution. 20
Fundamental duties.
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2014 Enumerate the fundamental duties as provided in the Constitution of India. Also discuss the rationale behind the incorporation of fundamental duties in 15
the Constitution of India later on.
2020 Enumerate the list of fundamental duties as provided in the Constitution of India. What is the rationale of incorporation of fundamental duties under the 10
Indian Constitution through the Constitutional (Forty-second Amendment) Act, 1976?
Legal Aid
2015 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 15
millions of poor people of our country over the years? Suggest some concrete measures to make it more effective and implementative.
Constitutional position of the President and relation with the Council of Ministers + Judicial Review
2002 Elucidate the constitutional procedure for electing President of India 20
2012 What is meant by ‘individual responsibility’ and ‘collective responsibility’ of the Council of Ministers? What would be the consequences of ‘individual 12
responsibility’ in case a Minister of the Government is found guilty of tort of misfeasance by the Supreme Court of India? Comment.
2012 What is the justification behind the Pardoning power of the President of India under Article 72 of the Constitution? Discuss with reference to Supreme 12
Court cases the extent to which the exercise of this power can be subjected to judicial review.
2015 “The Prime Minister is the keystone of the Cabinet arch because he is responsible for its formation, life and death” Critically examine the above 15
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statement in the light of various provisions of the Constitution and determine the position of the Prime Minister of India in the cabinet.
2019 Discuss the Ordinance making power of the President. Can the validity of an Ordinance be challenged in the Court of Law ? Cite relevant case-law. 15
2020 Explain the Pardoning powers of the President. Examine how far the judicial review can be exercised over such powers. 10
2018 Is the Governor’s post dependent on the pleasure of the President? Discuss. What exactly constitutes the “discretion‟ of the Governor while exercising 15
numerous powers? Explain with reference to statutory provisions and relevant case law.
2020 “Governor’s office is sui generis. The Governor in our system does not function as constitutional head for the whole gamut of the responsibilities. There 15
is an important area, though limited and subject to constitutional constraints, within which he acts in the exercise of his discretion.” Examine this
statement in the light of Sarkaria Commission Report.
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Supreme Court & High Courts - Powers, functions and jurisdiction.
2001 “The recent judicial pronouncement on the question of the appointment of the judges of the Supreme Court and the High Courts is dominated by the 30
emphasis on integrated participatory consultative process for selecting the best and most suitable persons available for the appointment.”
Elucidate the above statement highlighting the norms laid down by the Supreme Court for appointment of the judges of the Supreme Court and the
High Court and for transfer of the judges of the High Court.
Discuss the nature and the scope of the following writes. 30
(i) Certiorari (ii) Mandamus
2012 “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 20
punish their contempt. Also examine the defences of ‘fair criticism’ and ‘truth’ in the light of Contempt of Courts Act, 1971.
2014 Explain the scope of the ‘Special Leave Jurisdiction’ of the Supreme Court as expounded by it. 10
2015 What do you understand by the expressions ‘independence of judiciary’? Why is it being discussed/debated/questioned too much nowadays? What 10
reasons would you give for this development?
2017 Elucidate the scope of the appellate jurisdiction of the Supreme Court of India under the constitution with regard to Criminal matters. 10
2019 Examine the nature of the powers of the High Courts under Article 226 of the Constitution of India and distinguish it from the powers of the Supreme 15
Court under Article 32.
2020 “While certainly law is important in India, it can’t be at the cost of justice” 15
Critically examine this statement in the context of “Curative Writ Petition”in India. Refer to the relevant case law.
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Centre, States and local bodies: - Distribution of legislative powers between the Union and the States.
2001 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 30
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.
2002 Can Parliament of India make laws on the entries in the State List? If so, in what circumstances ? 20
2002 Outline any three constitutional provisions that ensure non-discrimination against any State by the Centre. 30
2013 Comment: Residuary Powers 15
2015 “The non-obstante clause in Article 246 ought to be regarded as last resource in case of an inevitable and irreconcilable conflict between the lists” 15
Examine critically. Also discuss the abuse/abuses related to this clause. Is there any connection between the doctrine of ‘pith and substance’ and ‘non-
obstante clause’?
2016 Discuss the legislative powers of the Union and States as provided in the Constitution on the basis of subjects and territory. 20
2016 Discuss ‘Residuary Powers’ of the Parliament to legislate. 15
2017 Evaluate the constitutional provisions relating to administrative relation between the Union and the state with special emphasis on inter-governmental 20
delegation of administrative power.
2018 What are the major challenges in the functioning of local bodies in India? Does it talk about success story or something else? 20
2019 "Revival of the Panchayati Raj system in India is an aid to reduce the workload on the Judiciary.” Comment. 10
2020 Do local bodies enjoy autonomy in performing their role in the field of economic development and social justice? Explain in the light of relevant 10
constitutional provisions.
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Distribution of legislative powers between the Union and the States
2001 “The doctrine of pith and substance introduces a great degree of flexibility into the otherwise rigid scheme of distribution of legislative powers in the 20
Indian Constitution.” Elucidate.
2012 “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 12
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.
2013 “The Constitution of India merely subscribes to three-fold division of gubernatorial functions and not to the doctrine of separation of powers in its
absolute rigidity.” Comment. 25
2019 Discuss the doctrine of 'Pith and Substance’ relating to the distribution of legislative powers between the Centre and the States with the help of the 10
landmark judicial decisions.
2020 “An amendment of the Constitution of India for better Union and State relations is due.” Comment on this statement and substantiate your 15
recommendations for amendment of specific provisions of the Constitution, if any, on this matter.
Centre, States and local bodies: - Eminent domain – State property, - common property – community property
2016 What do you understand by the term ‘Eminent Domain’? Discuss its relevance in the present day context. 10
2020 Analyse the relevance of doctrine of eminent domain under the Constitution of India. Explain the limitations of this doctrine with the help of case law. 10
2019 “The issue of Parliamentary-privileges has been a bone of contention and conflict between the Parliament and the Judiciary.” Analyse this statement in 10
the backdrop of decided cases.
2020 “Parliamentary privilege is an essential incident to the high and multifarious functions which the legislature perform” Discuss. What reforms will you 15
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suggest, if any, in the existing position ?
Services under the Union and the States: Recruitment and conditions of services; Constitutional safeguards; Administrative tribunals.
2000 “Article 311(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 30
show cause against the action proposed to be taken against him.” Critically examine the statement with reference to the Constitution (Forty-Second
Amendment) Act, 1976.
2014 The concept of ‘Reasonable Opportunity’ being a constitutional limitation on the doctrine of ‘Tenure Pleasure’, Parliament or State Legislature can make 20
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.
2014 Define the term ‘public servant’. Also discuss the recruitment procedure of public servants in India. 15
2016 “The Policy and Guidelines Theory’ pre-supposes delivery of justice by quasi-judicial authority. Elaborate it. 15
2018 What are the constitutional safeguards available in a civil servant against dismissal, removal or reduction in rank of services? Are these rights also 15
available to an employee of a public corporation. Discuss with reference to statutory provisions and case law.
2019 Give an overview of the growth of the Tribunals in India with special reference to Administrative Tribunals established under the Administrative 10
Tribunal Act.
Union Public Service Commission and State Public Service Commissions - Power and functions
2016 Discuss the powers and functions of the Union Public Service Commission. Also explain how it has maintained its impartiality. 20
2020 Describe the powers and functions of the Union Public Service Commission. 10
2019 The Election Commission of India is an autonomous constitutional authority responsible for administering the election process in India." comment by 15
explaining the powers and functions of the Election Commission of India.
Emergency Provisions
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2013 What restrictions have been imposed by the constitutional Amendment (44 th) to check misuse of proclamation of emergency? Discuss 25
2017 Discuss the circumstances under which ‘Financial Emergency’ can be proclaimed by the President of India and effects thereof. 15
2018 “Imposition of Emergency in a State under Article 356 has always been a matter of controversy.” In this backdrop, explain the consequences of 15
proclamation of Emergency in a State.
2020 The goals specified in the Preamble contain the basic structure of the constitution, which can not be amended under Article 368 of the constitution. 10
Analyse this statement in the light of leading decided cases.
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2002 Illustrate the doctrine of 'Nemo judex in causa sua' (no one should be a judge in his own cause) as an effective rule of natural justice. 30
2012 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 20
with reference to case law.
2012 Write critical notes on the following: - Modern Progressive approach of the principles of natural justice 20
2016 The rule against bias strikes at such factors which may improperly influence in arriving at a decision. Comment. 10
2016 “The Rule of Law’ is based on the principle of legality and is opposed to exercise of arbitrary powers. Discuss. Explain whether failure to give reasons 20
amounts to exercising power arbitrarily.
2017 Explain the significance of the rule of ‘AUDI ALTERM PARTEM’ in administrative decision making and state the circumstances under which ‘post 15
decisional hearing’ can effectively satisfy the mandate of natural justice.
2018 “Natural justice is not a made to order formula which has to be fitted to all situations with an iron-bound uniformity.” – Comment. Refer to case laws. 10
2019 Audi alteram partem', rule is a very flexible, malleable and adaptable concept of natural justice to adjust the need for speed and obligation to act fairly.” 10
Examine the statement with the help of decided case-law.
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policy and left effectuation of policy to subordinate agency.” Discuss.
2002 Outline the methods of Parliament control over delegated legislation. 30
2012 Do you agree with the statement that ‘re-looking of the process of delegated legislation is necessary particularly in context to substantial amount of 12
public participation? Comment critically.
2015 In light of the fact that the Constitution of India has no express prohibition on delegated legislation, critically evaluate the basis for different judicial 20
positions either prohibiting excessive delegation or permitting delegation without Constitutional limitations.
2016 “The need for administrative rule making entails delegated legislation.” Comment 15
2018 Discuss the constitutionality of delegated legislation. What are the limits of delegated legislation? Explain. 15
2019 While conferring the power of delegated legislation on the administration, the enabling Act may specify the procedural safeguards to be followed in the 20
exercise of the power. What are the consequences of non-compliance with the requirements as laid down in the Act ? Discuss with the help of decided
cases.
2020 What are the various modes of judicial control of delegated legislation? 10
2018 Administrative powers/actions are not always in conflict with the “rule of law‟ principle. Discuss with illustration. 10
2020 Make a distinction between judicial review and judicial power. Explain the scope of judicial review with reference to cases arising under Xth Schedule 10
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of the Constitution.
2019 “The purpose of the office of the 'Lokpal, is not to adjudicate, but to provide regular machinery for investigating grievances against the administration in 10
a discrete and informal manner.” Critically examine this statement by providing proper justification of the office of the 'Lokpal' in India.
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2020 Discuss the powers and functions of the Lokpal and the Lokayukta under the Lokpal and the Lokayuktas Act. 2013. How do you think the office of 10
Lokpal is better than other anti-corruption mechanisms?
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