END TERM EXAMINATION, NOVEMBER 2016
B.A.LL.B. (HONS.)
SEMESTER-VII IX
CG-Judicial Review (Hons.-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. Authorities amenable to the writ jurisdiction of Supreme Court.
b. Alternative remedy.
c. Administrative expediency
d. Finality clause
e. Ouster clause
f. Public duty
g. Public office
h. Doctrine of Eclipse
i. Is a constitutional amendment a under Art. 13 of Indian Constitution.
j. Locus standi for the writ of Quo-warranto.
2. "The system of judicial review of administrative action has been inherited from England. It is
on this foundation that the Indian Courts have built the superstructure of control mechanism."
In this background discuss the legal development of principles of judicial review of
administrative action in India. . (Marks 10)
3. If there is one feature of our constitution which more than any other is basic and fundamental
to the maintenance of democracy and the rule of law, it is the power of judicial review which
is unquestionably the part of basic structure of the constitution. In this context discuss the
judicial review of Constitutional Amendments. (Marks 10)
4. Discuss the power of the Courts to review the question of validity or propriety of
committal by a House for its contempt or breach of privilege.
What is the extent of judicial review of the satisfaction of president to proclaim the
emergency on the ground of "failure of Constitutional machinery in a State?
(Marks
5. Discuss the writ of Habeas Corpus with reference to the dissent of Justice H.R. Khanna in
Habeas Corpus case which set the tone for future development of law in this regard.
(Marks 10)
6. Writ of prohibition and certiorari are complimentary writs but certiorari is remedial whereas
the prohibition is preventive. In this background discuss the scope of both these writs.
(Marks 10)
7. Discuss the following:- (Marks 5×2=10)
The applicability of doctrine of proportionality in matters of judicial review where the
court has to decide on the reasonableness of a restriction on the exercise of fundamental
rights.
'Public Concern' standing as a building block for expanding the concept of locus standi in
the cases of Public Interest Litigation.