Bihar Civil Judge Mains 2011 Question Paper

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Bihar Judicial Service (BJS) Mains Examination 2011

BIHAR JUDICIAL SERVICE (BJS) MAINS

CONSTITUTIONAL LAW OF INDIA AND ENGLAND

Time Allowed: 3 Hours

Max. Marks: 150

GROUP A

1. What are the distinguishing features of a Unitary and a Federal Constitution? Do you agree

with the view that the Indian Constitution is federal in nature? Discuss.

2. Discuss the meaning and scope of the fundamental right to “equality before the law and

equal protection of the laws within the territory of India”. Also discuss the basis and test of

reasonable classification under Article 14.

3. Discuss in brief the legislative relations between the Centre and the States. When and in

what circumstances can Parliament legislate on matters enumerated in the State List?

4. On what grounds can the President of India make a proclamation of national emergency

under Article 352 of the Constitution? What are its consequences? Discuss with reference to

the relevant amendments and case law on the subject.

5. Discuss the procedure by which the Constitution of India can be amended. Can Parliament

take away or abridge the Fundamental Rights by constitutional amendments? Discuss with

the help of relevant cases.

GROUP B

6. What is meant by the expression ‘Rule of Law’? Discuss the characteristics of the ‘Rule of

Law’ as given by Dicey.

7. “The doctrine of sovereignty of Parliament is said to have ousted the powers of judicial

review of legislation in England.” Discuss. Do you subscribe to the view that courts have

undertaken review of legislative action by employing various devices?

8. What is ‘royal prerogative’? Discuss executive prerogatives. Is the Queen free to exercise

her prerogative in appointing the Prime Minister and dissolving the House of Commons?

Explain.