END TERM EXAMINATION, APRIL 2016 B.A.LL.B. (HONS.) SEMESTER-VIII X CG-Fundamental Rights and Its Enforcement Max. Marks: 60 Time Allowed: 3:00 Hrs. Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by each question is indicated at the end of the question. 1. Answer the following (each answer should be in approximately 100 words): (Marks 2×10=20) a. Doctrine of Waiver b. Regulation of Political and secular activities associated with religion. c. Protection of women from prostitution and rehabilitation of their children d. Meaning and scope of writ of Quo-warranto. e. Reasonable Classification. f. Public Interest Litigation. g. Right against self-incrimination. h. Meaning and object of fundamental rights. i. Residence as a ground for reservation of the post in public employment. j. Locus Standi. 2. Discuss the meaning and extent of scope of the term under art.12 of Indian Constitution with the help of authoritative case law. Also discuss whether 'judiciary' is included within the meaning of the word 'state'. (Marks 10) 3. Discuss the following: (Marks 5×2=10) a. Retrospective effect of laws. b. Constitutional safeguards against preventive detention laws. 4. "Judicial review is the interposition of judicial restraint on the legislative as well as the executive organs of the Government. The concept has the origin in the theory of two laws- an ordinary and supreme (i.e. the Constitution). From the very assumption that there is a supreme law which constitutes the foundation and source of other legislative authorities in the body polity. It proceeds that any act of ordinary law making bodies which contravenes the provisions of the supreme law must be void and there must be some organ which is to possess the power or authority to pronounce such legislative acts void." In the light of the above statement discuss the origin, meaning, object and justification for the concept of judicial review. (Marks 10)
5. Discuss the following- (Marks 5×2=10) a. Transformation in the meaning of "Procedure established by law' from the decision of Supreme Court in A.K. Gopalan to Maneka Gandhi Cases. b. Interface between Right to Live in noise free atmosphere and the right under Art. 6. "The right conferred on the religious and linguistic minorities to administer educational institutions of their choice is not absolute right. Just as regulatory measures are necessary for maintaining educational character of minority institutions, similarly regulatory measures are necessary for ensuring orderly, efficient and sound administration. The right to administer is not the right to mal-administration. The right to administer implies a correlative duty to good administration." In this regard discuss the extent of authority of State (Government) to control and regulate minority run educational institutions. (Marks 10) 7. Discuss the following: (Marks 5×2=10) a. Art.14 and 'Legitimate expectation.' b. Test for Reasonable restrictions on the freedoms under Art. 19(1).