END TERM EXAMINATION, NOVEMBER 2016
B.A.LL.B. (HONS.)
SEMESTER-VII IX
CG-Federalism (Hons.-I)
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. Explain the following (each explanation should be in approximately 100 words)
(Marks a. Reasons responsible for the transformation from laissez-faire state to the concept of welfare state. b. Differences between confederation and federation. c. Difference between Constitution and Constitutional law. d. Concept of limited government. e. Competitive federalism. f. Harmonious construction. g. Full faith and credit clause. h. Theory of quid pro quo. i. Distinction in the effect of inconsistency between laws made by Union legislature and the laws made by State legislatures provided under Article 251 and Article 254. j. Secularism as an important feature of the Constitution. 2. The classical concept of federalism upon which American system was based, has not been able and successful to withstand the stresses of 20th and 21st century political evaluation. Governments in various parts of the world have followed a trend towards consistent concentration of authority in the center of political structure. In the light of this statement discuss the factors responsible for the development of this trend from competitive federalism to cooperative federalism. (Marks 10)
3. Evaluate the scheme of distribution of Legislative powers in Indian constitution with reference to the reservations of states to the existing system of division of legislative powers and their claim that over a period of time, they felt, the Union has enriched its power at the cost of the states. (Marks 10)
4. Section 263 provides for the institutional mechanism for cooperation and conflict resolution between the Union and States, as also between States inter se. Examine the existing search institutional mechanism with reference to the criticism about present state of affairs and give your suggestions for most promising reforms for better relations between Centre and States. (Marks 10) 5. A viable scheme of Centre-State financial relationship is the sine qua non for the proper functioning of Federal polity as a hole but it is very difficult objective to achieve because of the economic disparities among the several States. In this context critically discuss the recommendations of Sarkaria and Punchi Commissions for achieving this difficult objective. (Marks 10)
6. Discuss the following: Role of Urban and rural governing bodies in strengthening federal polity. Essential requisites for federalism. (Marks
7. "The absence of written constitution deprives us of a fundamental starting point from which all constitutional law can be derived. We have no grundnorm from which the individual norms of constitutional law can receive their validity." In context of this statement of Keeton regarding formlessness of British Constitution. Critically and comparatively discuss the ability of both written and unwritten constitutions to achieve the objectives of constitutional law. (Marks 10)