END TERM EXAMINATION, APRIL 2016 B.A.LL.B. (HONS.) SEMESTER-VIII X CG-Fundamental Rights and Its Enforcement (Hon.-II) 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 Eclipse b. Abolition of untouchability c. Res extra commercium d. Ex-post facto laws e. Right against solitary confinement. f. Equal pay for equal work g. Exclusion of creamy layer from Backward Classes. h. Regulation of Economic and Financial activities associated with religion practices. i. Locus-standi j. Agency and instrumentality of the State.

2. ''Procedure established by under Art. 21 does not mean merely an enacted piece of law but must be just, fair and reasonable which embodies principles of natural justice. Discuss. (Marks 10)

3. "Preventive Detection laws are repugnant to democratic constitution and they are not found in any democratic countries of the world. No country in the world has made these laws integral part of the constitution as has been done in India and it is justified to prevent the abuse of freedom by anti-social and subversive elements which might imperil the national welfare of the infant republic." In this context discuss the need and importance of Preventive Detention laws along with the constitutional safeguards against these laws. (Marks 10)
4. "Equality is a dynamic concept with many aspects and dimensions and it cannot be cribbed, combined and confined within traditional and doctrinaire limits. In fact equality and arbitrariness are sworn enemies; one belong to the rule of law in a republic while the other to the whim and caprice of an absolute monarch. Where an act is arbitrary, it is implicit in it that it is unequal both according to political logic and constitutional law and is therefore violative of Article 14." In the light of above statement, discuss the new concept of equality under Art. 14. (Marks 10)

5. Discuss the following:- (Marks 5×2 10) a. Suspension of right of enforcement of fundamental rights during emergency. b. Writ of quo-warranto.

6. "Freedom to air ones views is the lifeline of any democratic institution and any attempt to stifle, suffocate or gag this right would sound a death knell to democracy and would help the usher in autocracy or dictatorship." In this context discuss the freedom of press as fundamental right under Art. of the Indian Constitution. (Marks 10)

7. Answer the following:- (Marks 5×2 10) i. What are the guidelines issued by Supreme Court of India to state authorities for protecting the economic, social and humanitarian rights of millions of children working illegally in public and private sector in case of M.C. Mehta v. State of Tamil Nadu, AIR1997SC699? ii. What is the extent of interference of the Government to control and regulate minority educational institution established under Art.30 of Indian Constitution?