Mid Term Examination, March 2017
B.A.LL.B. (HONS.)
Semester IV Constitutional Governance-II
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: Answer any TWO questions out of three. All questions carry equal marks.
1. "Though the Parliamentary form of government envisaged under the Constitution of India vests the real executive powers in the council of ministers, the President is not a mere figurehead denuded of all powers. He can and should exercise some vital powers without any aid and advice of the council of ministers". Critically examine this statement. (Marks 10)
2. "It is difficult to hold that the wisdom of appointment of judges can be shared with the political-executive. In India, the organic development of civil society has not as yet sufficiently evolved. The expectation from the judiciary, to safeguard the rights of the citizens of this country, can only be ensured, by keeping it absolutely insulated and independent, from the other organs of governance," Justice J.S. Khehar, the presiding judge on the five-judge Constitution Bench, explained in his individual judgment. The Bench in a majority of 4:1 rejected the NJAC Act and the Constitutional Amendment as "unconstitutional and void." It held that the collegium system, as it existed before the NJAC, would again become "operative." In the light of given statement critically analyse the advantages and the disadvantages of the present collegium system in comparison with the rejected National Judicial Appointments Commission. (Marks 10)
3. Write short notes on the following:- (Marks 5×2=10)
a. Original jurisdiction of the Supreme Court of India
b. Appellate jurisdiction of the Supreme Court of India