Mid Term Examination, March 2017
B.A.LL.B. (HONS.)
SEMESTER VIII X CG-JUDICIAL REVIEW (HONS.-I)
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: Answer any TWO questions out of three. All questions carry equal marks.
1. "Constituent Power is the device through which people as a whole adopted the Constitution and made the Constitution superior to the laws enacted by the constituted legislative body." In the light of given statement:
a. Elucidate the meaning of 'Constituent Power', 'Legislative Power' and 'Amending Power'. (Marks 03)
b. Also discuss with the help of relevant case-laws and juristic opinions whether the Constituent Power and Amending Power are same or whether there has to be difference between Constituent Power and Amending Power. (Marks 07)
2. "Judicial Review Power vested in the High Courts under Article 226/227 and the Supreme Court under Article 32 is part of the inviolable basic structure of the Constitution and cannot be taken away or whittled down by the Legislature. The ouster clause is a restriction for the ordinary civil courts, but it does not apply to the extraordinary jurisdiction of the High Courts and the Supreme Court." In the light of given statement:
Explain why the decisions of tribunals can be reviewed by the Supreme Court or High Court.
(Marks 03)
Also discuss with the help of relevant case-laws and juristic opinions whether the Central Administrative Tribunal is a substitute of the High Court. Examine whether the decisions of the Administrative Tribunal can be reviewed by the Supreme Court or High Courts or whether the power of Judicial Review can be taken away by a constitutional amendment. (Marks 07)
3. Write short notes on the following: (Marks 5×2=10)
a. Doctrine of Substantive ultravires as a mechanism of judicial Review of Delegated Legislation.
b. Nature and Scope of Judicial Review in a Written Constitution