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FYLLB  SEM2. Previous year question paper with solution constitutional law-1 short notes & Long Answers

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FYLLB  SEM2. Write a short notes & Long Answers constitutional Law-1

Q. Short Notes ( Any Two )

FYLLB SEM2 CONSTITUTONAL LAW-1 QUESTION PAPER SOLUTON 2024 MUMBAI UNIVERSITY.

  1. Write short note on Tribunals

Ans:  The original constitution did not contain provision with respect to tribunals. It is the quasi Judicial body the 42nd  Amendment Act of 1976 added a new part XIV-A to the constitution India  as tribunals & constitution of only two Art 323A  Administrative tribunals of Art 323- B dealing with tribunals for other matters.

Objective:- To reduces the Burdon of the court dice to the pendency of cases in various courts.

To provide speedy justice to resolving the case faster then traditional court.

The procedure of the tribunal are not expensive compere to the other court proceedings they consist or experts in the different fields ensuring better decision  making e.g NGT ,ITAT,CAT etc.

According to the Art 323 -A

Central Administrative Tribunal (CAT)

The Central Administrative Tribunal (CAT) was set up in 1985 with the principal bench at Delhi and additional benches in different states.

The CAT exercises original jurisdiction in relation to recruitment and all service matters of public servants covered by it. Its jurisdiction extends to the all-India services, the Central civil services, civil posts under the Centre and civilian employees of defiance  services. However, the members of the defiance forces, officers and servants of the Supreme Court and the secretarial staff of the Parliament are not covered by it.

The CAT is a multi-member body consisting of a chairman and members. Originally, the CAT consisted of a Chairman, Vice-Chairman and members. Later,  the provision for the Vice-Chairman was removed by the Administrative Tribunals (Amendment) Act, 2006. Hence, there are now no Vice-Chairman in the CAT. At present (2019), the sanctioned strength of the Chairman is one and sanctioned strength of the Members is 65. They are

drawn from both judicial and administrative streams and are appointed by the president. They hold office for a term of five years or until they attain the age of 65 years in case of chairman and 62 years in case of members, whichever is earlier.

The appointment of Members in CAT is made on the basis of recommendations of a high powered selection committee chaired by a sitting Judge of Supreme Court who is nominated by the Chief Justice of India. After obtaining the concurrence of Chief Justice of India, appointments are made with the approval of Appointments Committee of the Cabinet (ACC).

The CAT is not bound by the procedure laid down in the Civil Procedure Code of 1908. It is guided by the principles of natural justice. These principles keep the CAT flexible in approach. Only a nominal fee of is to be paid by the applicant. The applicant may appear either in person or through a lawyer.

Originally, appeals against the orders of the CAT could be made only in the Supreme Court and not in the high courts. However, in the Chandra Kumar case (1997), the Supreme Court declared this restriction on the jurisdiction of the high courts as unconstitutional, holding that judicial review is a part of the basic structure of the Constitution. It laid down that appeals against the orders of the CAT shall lie before the division bench of the concerned high court. Consequently, now it is not possible for an aggrieved public servant to approach the Supreme Court directly against an order of the CAT, without first going to the concerned high court.

State Administrative Tribunals

The Administrative Tribunals Act of 1985 empowers the Central government to establish the State Administrative Tribunals (SATs) on specific request of the concerned state governments. So far (2019), the SATs have been set up in the nine states of Andhra Pradesh, Himachal

Pradesh, Odisha, Karnataka, Madhya Pradesh, Maharashtra, Tamil    Nadu, West Bengal and Kerala. However, the Madhya Pradesh, Tamil Nadu and Himachal Pradesh Tribunals have since been abolished.

But subsequently, the Himachal Pradesh reestablished the SAT and the state of Tamil Nadu has also requested now to re-establish the same.

Like the CAT, the SATs exercise original jurisdiction in relation to recruitment and all service matters of state government employees.

The chairman and members of the SATs are appointed by the president after consultation with the governor of the state concerned.

The act also makes a provision for setting up of joint administrative tribunal (JAT) for two or more states. A JAT exercises all the jurisdiction and powers exercisable by the administrative tribunals for such states.

The chairman and members of a JAT are appointed by the president after consultation with the governors of the concerned states.

There are different tribunals for different disputes related to the following matters :

Previous year question paper with solution constitutional law-1

Write a short notes Answer

(constitutional law-1)

 

2. Write short notes on Preamble :

The objectives and philosophy of the Indian Constitution is summarized in its Preamble.

Text of the Preamble .

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a (SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its citizens :

JUSTICE, social, economic, and political;

LIBERTY of thought, expression, belief, faith, and worship;

EQUALITY of status and of opportunity; and to promote among them all

FRATERNITY assuring the dignity of the individual and the [unity and integrity Of the Nation];

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Thus, it can be observed that the Preamble to our Constitution serves three purposes

  1. It indicates the source, from which the Constitution derives its authority i.e. the people of India,
  2. it also states the objects, which the Constitution seeks to establish and promote

(we will elaborate this point further) and

  1. It declared India to have become a sovereign democratic republic on 260‘ November

1949.

Objectives as laid down in the Preamble

The objectives, which are laid down in the Preamble, are :

  1. Description of Indian State as Sovereign, Socialist, Secular, Democratic, Republic; and
  2. Ideals to be achieved and preserved :
  3. Justice social, economic and political;
  4. Liberty of thought, expression, belief, faith and worship;
  5. Equality of status and opportunity;
  6. Fraternity assuring dignity of the individual and unity and integrity of the nation.

International peace is also a goal to be achieved, which is stated in Article 51 of the Directive  Principles of State Policy.

 Sovereign   

 The word sovereign means supreme or independent. Sovereignty is one of the foremost elements of independent state. It means absolute independence, i.e a government which is not controlled by any other internal and external power. only a  sovereign country can have a constitution of its own. Thus, India is sovereign country. It Can  freely its own domestic as well as foreign policies.

Secular

 The word secular was inserted into the preamble  by the 42nd Amendment Act 1676. It implies equality of all religions and religious tolerances . India therefore, does not have an official state religion. Every person has the right to preach, practice and propagate any religion she/he wants to. The government must not favor or discriminate against any religion. It must treat all religions with equal respect. All citizens, irrespective of their religious beliefs are equal in the eyes of law.

 Socialist

 The word ‘socialist’ was not included in the Preamble of Constitution at the time of its adoption. In 1976 42nd amendment to the constitution added the word socialist to the preamble

socialist state  aim to achieving  social economic equality. Social equality in this context means the absence of discrimination on the ground of caste, color, creed, sex, religion, languages, etc. under social equality, everyone has status and opportunities. Its also means commitment to provides minimum basic necessities to all and to ensure equal pay for equal work.

Democracy 

This means that the are sovereign, or supreme. Ultimately, political power lies with them. The preamble begins with the word, we the people of   India.. and end with… Hereby Adopt, Enact And Give to Ourselves This constitution’. This clearly shows that it is the people who are the source of the  Constitution and the authority  of the’6vemment. Effectively, this means that the government is elected  by the people; it is responsible and accountable to the people.

Republic : The preamble declares India as a republic , it means that the head of the state is the president who is elected for five years and is not a hereditary ruler as in case of the British monarch. During the ancient and medieval time India was ruled by kings and hence never had an elected head. In the modern period we did not even want to have a constitutional monarch.

Justice 

The term justice in the preamble embraces three district forms social economic and political, secured through various provisions of fundamental Right and Directive principles. Social justice denotes the equal treatment of all citizens without any social distinction based on cast, color, race, religion, sex and so on. It means absence of privileges being extended to any particular section of the society and improvement in the condition of backward classes SCs, STs, and OBCs and woman. Economic justice denotes the non- discrimination between people on the basis of economic factors.

Liberty 

The term liberty means the absence of restraints on the activities of individuals and at the same time, providing opportunities for the development of individual personalities. Liberty as elaborated in the preamble is very essential for the  successful functioning of the Indian democratic system. The preamble secures to all citizens of India liberty of thought, expression, belief, faith and worship, through their fundamental rights, enforceable in court of law, in case of violation.

Equality 

The term equality means the absence of special privileges to any section of the society, and the provision of adequate opportunities for all individuals without any discrimination.

The preamble secures to all citizens of India equality of status and opportunity. This provision embraces three dimensions of equality- civic, political and economic.

Fraternity 

The term fraternity means a brotherhood. the fundamental duties ay that it shall be the duty of every citizens of India to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, regional or sectional diversities.

The preamble declares that fraternity has to assure two things the dignity of the individual and the unity and integrity of the nation.

Write a Long Answer (constitutional law-1)

 

Q Long Answer in (any three) of the following :

1)  Examine the Article 14 of the Indian constitution Act in guaranteeing both the equality before the law and equal protection of the laws with landmark judgment of the supreme court.

Ans:  Article 14 provide that the state shall not deny to any person equality before the law or the equal protection of the law within the  territory of India.

It is the primary objective in the preamble of the constitution of India the right to equality guaranteed in both equality before the law & equal protection of the law.

  1. Equality before the law : means the absence of any special privilege in favor of any individual & treated them equally of all classes to the ordinary law of the land . on the word there shall not be any discrimination made by the laws on factors like rank, office, wealth, status etc. the Rule of law require that no person shall be subjected to harsh, uncivilized or discriminatory treatment. [England origin]

Case: Raghubir sing  v state of Haryana AIR 1980

Equal protection of the law: means the right to equal treatment in equal circumstances. Also called the rule of law .this phrase owes its origin to the American constitution.

Both the expressions “equality before the law & equal protection of law aim at established equality of legal status for all . The difference between them is that former is a negative concept while the later is a positive concept.

Landmark Judgment :-

 

 Menaka Gandhi is journalist & daughter in law of the Indira Gandhi . She was issued passport on 1st June 1976. According to the passport Act of 1967. On 2 July 1977, She got an (requested) notices order from the regional passport office or New Delhi to surrender her passport . When she asked for the reason . she was not given any appropriate reason for this notice from the external affairs. Stating that it is in the interest of the general public.

Menaka Gadhi then filed write petition under Art 32 in supreme court stating that passport Authority violates her fundamental right under art 14, 19, & 21 to the IC.

Judgement :- It was held that Art 14, 19,21 All these. Articles have to be read together and the relation between Art 14&16 was interpreted by the court. It was decided that . that one of Article .14’s features is Art. 16(1). Equal opportunity & equality are the primary goals of Art.14 &16. The govt. can’t restrict personal liberty arbitrarily . It must be just fair & reasonable

 

The Supreme court struck down the s.497 of IPC. on the ground it violate the Art.14, 15&21 of the constitution and decriminalized the adultery. and recognized constitutional principle of gender equality, dignity & privacy in relationship. Sec 198(2)  of Crpc . Specifies that the husband. Can files charges for offences under S.497 was also incantational.

 

Previous year question paper with solution constitutional law-1

 

2) Explain the role of the president , parliament & the judiciary in the appointment & removal of Judges from the supreme court as prescribed by the Indian Constitution with relevant case law.

Ans :- Unlike the American Constitution , the Indian constitution has established an integrate Judicial system with the supreme court at the top & the high court below it. Though we have adopted a federal system, the constitution of India has not provided for double system of court as in unite states. This single systems of courts , adopted form the Govt. of India Act of 1935 enforces both the central law as well as the state laws. The supreme court of India was inaugurated on 28 January 1950. Art. 124 to 147 in part VS of the Constitution  deal with the oraganisation ,jurisdicusion, power, procedures, tenure, removal and so on of the Supreme court the parliament also authorized to regulate them.

The appointment to regulate them.

 Judges appointed by the president after consultation with chief justice and such other judges of the Sc& HC as deems necessary . The Constitution with the chief justice is obligatory in the case of appointment of a judge other then chief Justice .The constitution provides for appointments of Judge in Art 124 (2) for the Sc &217 for the High court with the objective of preserving the independence of the Judiciary .

Collegium system

 The NJAC :- National Judicial Appointment commission was proposed body which would have been responsible for the appointment and transfer of judges to the higher judiciary in India. The commission was established by amending the constitution of India through the constitution 99th Amendment Act 2014, which was assented to by the president in December 2014. The NJAC would have replaced by the collegium  system for the appointment of judges as invoked by the supreme court via a judicial order. However the constitution Bench of supreme court by 4:1 majority upheld the collegium systems and stuck down the NJAC as unconstitutional. Hence, for now the collegium  collegium   system prevailed in judicial appointments.

The 99th   Constitutional Amendment Act of 2014 & the National Judicial Appointment Commission Act of 2014. Have replaced the collegium system of appointing Judges to the Sc & HC with new body called the NJAC However on 16 oct 2015 the constitution bench of SC by 4:1 majority upheld the collegium system and declared the 99th Amendment as well as the NJAC. Act as unconstitutional & void . the court opined that new system (i.e NJAC) would affect the independence of the judiciary.

Removal of Judges.

Once appointed, a Judge holds office until attains 65 years. A judge of the SC can be removed from his office. By an order of the president. The president can issue the removal order only after an address by parliament has been presented to him in the same session for such removal. The address must be supported by a special majority of each house of parliament & by majority of not less then 2/3rd or the members present & noting. The grounds of removal are two proved misbehavior or incapacity.

Procedure relating to the removal of a judge of the SC

 

 

Case   :  V Ramaswami 1993

He was the 1st SC judge against whom impeachment proceedings were initiated on grounds of financial mismanagement.

Preamble

Previous year question paper with solution constitutional law-1

 

3) FEATURES OF THE CONSTITUTION

Elucidate the essential characteristics of the Indian constitution that facilitate the adoptability or features of the Indian  Constitution  as follows :

 

  1. Written and Enacted Constitution : For a federal state a written constitution is necessity because the powers between the Centre and the States have to be distributed and they are to be recorded clearly in order to remove any chance of ambiguity. The founding fathers of the Indian nation were very clear about the fact that India needed a written. constitution. That’s why they started the process of deliberating on the provisions of the written constitution even before Independence.

Lengthiest Constitution in the World : The Constitution of India, is a very comprehensive and detailed document. It is because the Constitution-makers did not want to leave certain matters subject to doubts, difficulties and controversies to be handled by future legislation. The size, complexities and the diversities Of the Indian situation also necessitated several special, temporary, transitional and miscellaneous provisions for certain regions of the country or classes of people. The Constitution has become lengthy because of  following reasons

it specifies not only the structure and powers of Central Government but also all the provisions relating to the Indian States, and Union Territories, it contains special provisions and safeguards for the Anglo-Indians, Scheduled Castes and Scheduled Tribes. it contains the emergency powers of President of India, and power of High court and supreme court etc.

Fundamental Rights (FRS) By and large, FRS incorporated in Part III of the  Constitution are inviolable rights of the individual against the state. Both in order to  achieve the ends of democracy and for full development Of every citizens such rights  have been recognized, When the country freed from the clutches Of the imperialists. the framers of our Constitution deemed it their first and foremost duty to enshrine FRS in the Constitution.

Fundamental Duties : The Constitution initially did not provide for Fundamental Duties. This provision was inserted in the Constitution through the Constitution (Forty Second Amendment) Act, 1976. The 42nd Amendment to the Constitution added a new Part (IVA) and a new article (51A) to the Constitution under the head Fundamental Duties. This Article enjoins that it will be the fundamental duty of the Indian people, (a) to abide by the Constitution, respect its ideals and institution, the National Flag and the National Anthem; (b) to cherish and follow the noble ideas which inspired our national struggle for freedom; (c) to uphold and protect the sovereignty, unity and integrity of India; (d) to defend the country and render national service when called upon to do so; (e) to promote harmony amongst all sections of the people; (f) to value and preserve the rich heritage of our composite culture; (g) to safeguard public property and to abjure violence. All these duties are very important, and it must  necessarily be performed by the Indian citizen in the interest of unity, integrity and progress of the country.

Directive Principles of State Policy (DPSP) : The Constitution of India contains a list of Directive Principles of State Policy (Part IV) whose observance by the state is deemed essential for the welfare of the people. They direct the state to apply these principles in making law as well as while taking decisions. They are not enforceable by court but have a moral force. These principles are in a way the ideals which the fathers of the Constitution directed the state to follow. Some of these ideas are: the promotion of a welfare state, fair distribution of wealth, free and compulsory education for children up to the age, sickness and disability, separation of judiciary from the executive, oraganisation of Panchayats etc.

Single Citizenship : India has the federal system. However, the states do not give separate citizenship to their residents. Makers of our Constitution wanted India to emerge as a united, strong nation. Hence, they provided for single citizenship to instil the sense of unity and fraternity among the citizens. Single citizenship implies that all the citizens shall enjoy the same rights across the country, with few exceptions.

Parliamentary System : The Constitution of India has basically adopted both at the Union and State levels, the parliamentary system of government with ministerial responsibility to the popular House. The reasons for it are not difficult to trace. When we were being governed by the British, the educated Indians learned much about the British Parliamentary system. Therefore, they began to demand the same for India. Secondly, the makers of the Constitution thought that it was essential keep the government  under greater control of the representatives of the people, as the Indians did not have enough experience in democratic governance.

Independent Judiciary : The Constitution of India establishes an independent The Supreme Court and the High Courts form a single integrated judicial structure with jurisdiction over all laws made by the Union Parliament as well as the State legislatures. The framers of our Constitution felt it necessary to safeguard it (i.e. the Constitution), by providing independent judiciary. Consequently, it has been granted the power of judicial review. It can declare any law passed by the State • legislatures or the Parliament as null and void if it contravenes any provision of the Constitution. The judiciary can also declare a decision taken by the government as unconstitutional and hence null and void if it contravenes any provision of the Constitution.

Independent Agencies : The Constitution also provides for some independent agencies to perform certain functions allotted to them. Some of the Agencies, provided by the Constitution are as follows :

These institutions conduct examinations and interviews for recommending candidates for appointments in higher services in both the Centre and the States.

Universal Adult Franchise : It is really a very revolutionary step taken by the Constituent Assembly to grant universal adult franchise by a stroke of pen. Under the Government of India Act, 1919, only 3 per cent people of our country enjoyed the right to vote and under the Government of India Act, 1935 only 14 per cent of total population of the country secured franchise. The qualifications for the women were kept quite high and they. therefore, constituted only a negligible proportion of the total electorate, The provision of adult suffrage in Article 326 has given power to the minions of citizens who had never exercised the right to vote during the British.

A unique Document derived from many sources: the Indian constitution derived from different -different countries constitution. The maker of the Indian constitution proceeded with open mind to borrow freely what was best in other constitution of the world.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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