Mid Term Examination, March- 2016
B.A.LL.B. (HONS.)
SEMESTER VIII X
CG-Fundamental Rights and Its Enforcement (Hons.-II)
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: Answer any TWO questions out of three. All questions carry equal marks.
4. "The word in Article is used in the sense of social class, It is not antithetical to caste...A caste can be and quite often is a social class in India and if it is backward socially, it would be a backward class for the purpose of Article 16(4)." Critically analyse the above stated with the help of relevant case laws. (Marks 10)
5. "The Court can enforce fundamental rights even against private individuals or bodies and also award compensation for violation of fundamental rights." Do you agree? Kindly support our opinion with the help of relevant provisions of the Constitution and case laws. (Marks 10)
6. Buffey Plastics Pvt. Ltd. is a company registered under the Meeham Companies Act, 2006. It has its manufacturing units in the State of Hamilton. The State of Hamilton has enacted the Hamilton Labour Welfare Act, 2016 which contains several beneficial provisions with respect to the working conditions of the labour class for example a five day week with maximum 8 hour shifts, life and health insurance to be provided for by the employer, dispute resolution provisions etc. Buffey Plastics has filed a writ petition challenging the constitutionality of the said Act alleging that as citizen-employers they have fundamental freedoms under Article 19 and the Act infringes their freedom of trade, business and profession under Article of the Constitution of Meeham, 2000. The Constitution of Meeham, 2000 is pari materia to the Constitution of India, 1956.
If the Act is declared unconstitutional, will it be void ab initio with respect to all persons including Buffey Plastics? Kindly give your opinion with the help of relevant provisions of the Constitution and case laws (Marks
Can fundamental rights be waived? Discuss with the help of relevant case laws. (Marks