I.D.
END TERM EXAMINATION, APRIL 2017
B.A.LL.B. (HONS.)
SEMESTER-VIII X
CG-Judicial Review (Hons.-I)
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 2×10=20)
a. Constituent Power and Amending Power
b. Consensus Model of Judicial Review and Interstitial Model of Judicial Review
c. Illegality as a Ground for Judicial Review of Administrative Action
d. Curative Petition
e. Theory of Effective Alternative Institutional Mechanism
f. The Process of Participative Justice
g. Difference Between Review and Appeal
h. Conditions for Issue of Writ of Quo-Warranto
i. Difference Between Legitimate Expectation and Estoppel
j. Significance of Marbury v. Madison Case
2. "………..To declare a Statute unconstitutional places burden on the Courts. Therefore Courts
would not hold legislation as unconstitutional easily. They have to draw a balance between
'necessities of time' and 'constitutional fundamentals'. .." In the light of the given statement
explain the following:-
Whether the judicial review of legislative action is an interference of judiciary into the
legislative functions
Discuss the various principles evolved by the Judiciary in India for review of legislative
action. (Marks
3. "The office of the President is very august and many privileges and immunities are conferred by
the Constitution." In the light of the given statement explain the following:-
The nature and scope of judicial review under Article and Article
The nature and scope of Judicial Review under Article 72 (Marks
4. The Writ System is one of the main mechanisms and commonly used technique for judicial review
of administrative action. In this context, discuss the various principles governing the Writ
Jurisdiction of the Supreme Court and the High Courts in India with respect to issue of Writ of
Habeas Corpus. Examine whether the writ of Habeas Corpus can be issued during Emergency.
(Marks 10)
5. "…….Though Rule of Law has always recognised the power of Judiciary to review legislative and
administrative acts, the legislature has a tendency to exclude Judicial Review in certain areas. In
the light of given statement explain the following:-
Merits and Demerits of Exclusion of Judicial Review
Exclusion of Judicial Review in cases of Express Exclusion, Implied Exclusion, Ouster
Clauses and Sovereign Acts of State. (Marks
PTO
6. "The difference between both the 'Principle of Proportionality' and the 'Principle of Wednesbury
Unreasonableness' was in practice actually much less than it was suggested and whatever
principle was applied the result in the case was same". In the light of the given statement explain
the following:-
The similarities and differences between the 'Principle of Proportionality' and 'Principle of
Wednesbury Unreasonableness'.
Discuss with the help of case-laws how the 'Principle of Proportionality' and 'Principle of
Wednesbury Unreasonableness' have helped to control the administrative action. (Marks
7. "Judicial Activism shows that the Judiciary in India is the most vigilant defender of democratic
values and human rights. At the same time, the courts cannot create rights which do not exist and
have to be careful to see that they do not overstep their limits." In the light of given statement
discuss with the help of case-laws the remarkable role played by the Indian Judiciary in protecting
and promoting the basic human rights of the people in the country. Also examine the need and
significance of Judicial Restraint in a welfare state. (Marks 10)