Exam Details

Subject fundamental rights & its enforcement
Paper
Exam / Course b.a. ll.b.
Department
Organization Hidayatullah National Law University
Position
Exam Date April, 2018
City, State chhattisgarh, raipur


Question Paper

I.D.
END TERM EXAMINATION, APRIL-2018
B.A.LL.B. (HONS.)
SEMESTER-VIII X
C.G. Fundamental Rights Its Enforcement (Hons.- II)
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. Explain the following (each explanation should be in approximately 100 words) (Marks
Protection against double-jeopardy.
Right to legal representation to any person who is arrested or detained under any law providing for
preventive detention.
Secularism in India is equality, liberty and tolerance. Comment
Prohibition of employment of children.
Right to medical assistance under Article 21
Cultural rights of minorities.
Social action litigation.
Distinction between writ of certiorari and writ of prohibition.
Doctrine of arbitrariness
Protection against beggar.
2. This is very difficult and delicate task for the courts in present days of development of the country into a
social welfare state to strike a proper balance between individual liberty and social control in making the
interpretation of fundamental rights. In this context discuss the approach of the courts which is constantly
shifting in favour of the individual in the area of non-economic matters like freedom of speech and right to
life and in favour of social control in the area of economic matters. (Marks 10)
3. What do you mean by the term under Article 12 of the Indian Constitution? How far do you think
that following institutions/bodies can be brought within the meaning of the expression 'other authorities'
under Article 12:
Institute of Constitutional and Parliamentary Studies (ICPS).
National Council of Educational Research and Training (NCERT)
Allahabad University Students Union.
Aligarh Muslim University. (Marks 4+1.5×4=10)
4. "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.
(Marks 10)
PTO
5. With reference to recent judicial decisions discuss the scope and ambit of the freedom guaranteed to electronic media and social media under Article of Indian Constitution. (Marks 10) 6. Discuss the following: a. Socially and educationally backward classes for the purpose of Article 15(4). b. Applicability of Creamy layer concept on Scheduled Castes and Scheduled Tribes. (Marks 7. Write critical notes on the following: a. Right to privacy and the controversy surrounding Aadhar Data. b. Evolution and changing dimensions of writ of certiorari. (Marks


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