Mid Term Examination, February 2016
B.A.LL.B. (HONS.)
SEMESTER VIII X
CG-FUNDAMENTAL RIGHTS AND ITS ENFORCEMENT (HONS.-I)
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: Answer any TWO questions out of three. All questions carry equal marks.
1. "A law may be constitutional even though it relates to a single individual if on account of some special circumstances or reasons applicable to him and not applicable to others, that single individual may be treated as a class by itself." Elucidate with the help of relevant case laws. (Marks 10)
2. The International Lunar Habitation Project is an international organization which has been set up as a non profit research organisation by International Space Research Group (ISRG) to develop technologies in order to make the moon habitable for humans and other flora and fauna. The project has its head office in Aldrinton, Futurasia. The ISRG is an association of 30 governmental and non governmental bodies such as the United Nations Environment Programme, NASA, Futurasia Space Research Organisation, Rockefeller Foundation etc. The funding for the project comes from these bodies and various governments including the host country Futurasia, which contributes 3 of the entire funding. The project is governed by a board which is responsible for operations and management and makes the budget related decisions. Three of the board members are appointed by ISRG, three are nominated by the host country i.e. Futurasia and six are appointed by the director based on their interest and qualifications from various countries.
People from various countries including Futurasia are employed with the project. P. Vikrama, who is a renowned scientist from Futurasia is one such employee who was dismissed without any opportunity of hearing at the disciplinary proceedings taken against him. He wishes to file a writ petition before the Supreme Court of Futurasia challenging his dismissal as arbitrary. Kindly advise him with respect to the maintainability of his petition with the help of relevant provisions of the Constitution of Futurasia and any applicable persuasive precedents. The Constitution of Futurasia is pari materia to the Constitution of India, 1950. (Marks 10)
3. "It is not the object of the authority making the law impairing the right of a citizen, nor does the form of action taken that determine the protection he can claim, it is the effect of the law and of the action upon the right which attracts the jurisdiction of the court to grant relief." Discuss with the help of relevant case laws. (Marks 10)