Mid Term Examination, March- 2016
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. Explain the Jurisdiction and Powers exercised by the Supreme Court of India under the Indian Constitution. (Marks 10)
2. Edgar is a Sovereign, Socialist, Secular, Democratic Republic State. Jack Dorsey, the Prime Minister of the State commanded the Army to enter Sagrada Familia Church where some terrorists were allegedly hiding. The Catholic population was enraged due to such action taken by the Prime Minister and hence started protesting. David Hill was the body guard of Jack Dorsey, the Prime Minister who happened to be belonging from the Catholic community. After two weeks of the protest Jack Dorsey, the Prime Minister had to attend an inaugural ceremony of Pasanda Institute of Technology. Earlier that very morning, Jack Dorsey, the Prime Minister was taking a stroll in his garden and at that point in time his bodyguard David Hill shot him. Shortly, David Hill was arrested and convicted for murder and treason. The appropriate court awarded him death sentence. Stuart Hill son of David Hill presented a petition to the President of Edgar, Richard Berzowski, for the grant of pardon to David Hill under Article 72 of the Constitution of Edgar on the ground that the evidence on record of the criminal case established that David Hill was innocent and the verdict of the courts that David Hill was guilty, was erroneous. In the petition, he also urged that it was a fit case of clemency and prayed that David Hill's representative may be allowed to see the President, Richard Berzowski, in person in order to explain the case concerning him. His request for hearing was not accepted on the ground that it was not in accordance with "the well established practice in respect of consideration of mercy petitions". Thereafter, in response to a further letter written by counsel for David Hill to the President of Edgar refuting the existence of any practice not to accord a hearing on a petition under Article 72, the Secretary to the President wrote to counsel that the President is of the opinion that he cannot go into the merits of a case finally decided by the highest Court of the land and that the petition for grant of pardon on behalf of David Hill will be dealt with in accordance with the provisions of the Constitution of Edgar. The President of Edgar thereafter rejected the said petition.
Stuart Hill has approached the Constitutional Court seeking review of the decision given by the President. Kindly submit your opinion in light of the relevant constitutional provisions and case laws.
Constitution of Edgar is parimateria with the Constitution of India. (Marks 10)
3. Write short notes on the following: (Marks 5×2=10)
a. 'Consultation' under Article 124(2)
b. Procedure of election of President