END TERM EXAMINATION, APRIL-2018
B.A.LL.B. (HONS.)
SEMESTER-VIII X
CG- Fundamental Rights Its Enforcement (Hons.
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by each question is indicated at the end of the question.
1. Answer the following (each answer should be in approximately 100 words) (Marks
Doctrine of waiver
Doctrine of implied fundamental right
Objectives of fundamental rights
Locus standi
Right to reply
Meaning of law under Article 13
Doctrine of eclipse
Reasonable classification and class legislation
Protection against bonded labour
Ex-post-facto laws
2. The interpretation of the term 'other authorities' in Article 12 has caused a good deal of difficulty for enforcement of fundamental rights and the judicial opinion has undergone changes over time. In this context discuss the ambit and scope of the meaning of 'other authorities' under Article 12. (Marks 10)
3. Discuss with the help of decided cases that the most fascinating aspect of Article 14 which courts in India have developed over time is that Article 14 embodies a guarantee against arbitrariness. (Marks 10)
4. Answer the following:
Give the justifications for the permissible departure of state under Article from the rigours imposed on state under Article on the principle that Constitution insists on equality of status and it negates gender bias.
Delhi University reserved 70% seats for admission to the post graduate courses in Dermatology for Delhi University graduates. A medical student from Madras University was seeking admission to post graduate degree course in Delhi University as his father has been transferred to Delhi. He qualified the entrance examination but he was denied admission because of the rule of reserving 70% seats at the PG level to the Delhi University graduates. He challenged the validity of the rule. Decide and also refer to relevant case law. (Marks
5. Discuss the grounds on which the state can impose the reasonable restrictions on the freedom of speech and expression guaranteed under Article (Marks 10)
6. Discuss the 'procedure established by law' under Article 21 shall mean the procedure which is just, fair and reasonable by distinguishing the approach of the Apex Indian Court in the cases of A.K.Gopalan v. State of Madras, AIR 1950 SC 27 and Maneka Gandhi v. Union of India, AIR 1978 SC 597. (Marks 10)
7. Discuss the following:- (Marks
Meaning and extent of religious freedom under Article 25.
Excess of jurisdiction as the ground for writ jurisdiction.