Q1 50M 150w Compulsory critically examine Constitutional Law - Executive power, Administrative tribunals, President's consultative power, Article 21, Separation of powers
Answer the following questions in about 150 words each:
(a) Where does the Constitution of India vest executive power with respect to subject-matters in the Concurrent List over which both the Union and States have legislative powers? Explain. (10 marks)
(b) "It is often said that the decision of the Supreme Court in L. Chandra Kumar Vs. Union of India (1997) has defeated the very raison d'être of establishing administrative tribunals in India." Discuss. (10 marks)
(c) Critically examine, with the help of decided cases, the power of the President to consult the Supreme Court. (10 marks)
(d) If Article 21 confers on a person the right to live a dignified life, does it also include a right not to live? Examine the Constitutional Provisions with the help of decided case laws. (10 marks)
(e) "The doctrine of Separation of Powers in its classical structural form is not followed in any country." Critically evaluate this statement with reasons. (10 marks)
Answer approach & key points
This multi-part question requires critical examination across five constitutional law themes. Allocate approximately 30 words per sub-part (150 words total), spending roughly equal time on each since all carry 10 marks. Structure each part as: precise constitutional provision → relevant case law → critical analysis → brief conclusion. For (a), focus on Article 73 vs. Article 162; for (b), balance tribunal autonomy with judicial review; for (c), contrast advisory opinions with binding precedents; for (d), navigate the right to die debate; for (e), contrast Montesquieu's pure separation with India's integrated model.
- (a) Article 73(1)(a) vests executive power in Union for Concurrent List subjects; Article 162 limits State executive power to State List; Ram Jawaya Kapur (1955) establishes Union supremacy in concurrent executive matters
- (b) L. Chandra Kumar (1997) held judicial review under Articles 32/226/227 as basic structure; tribunal decisions subject to High Court scrutiny; balances tribunal expertise against constitutional safeguards
- (c) Article 143 advisory jurisdiction; President may refer 'question of law' or 'fact of public importance'; In re Kerala Education Bill (1957), In re Cauvery Water Disputes Tribunal (1992); opinions not binding
- (d) Article 21's 'right to life' includes dignity but not 'right to die'; Gian Kaur (1996) rejects euthanasia; Aruna Shanbaug (2011) permits passive euthanasia; Common Cause (2018) recognizes living will for passive euthanasia
- (e) Classical separation (Montesquieu) vs. functional separation; US strict separation vs. UK parliamentary fusion; India: integrated judiciary, executive-legislative overlap, limited separation under basic structure
Q2 50M discuss Constitutional Law - Parliamentary privileges, Directive Principles, Basic Structure doctrine
(a) What are the powers, privileges and immunities of Houses of Parliament in India? Do they have the power to expel any of their members for breach of privileges? If so, are such expulsions subject to judicial review? Discuss. (20 marks)
(b) "The Directive Principles of State Policy are fundamental in the governance of the country, and it shall be the duty of the State to apply these Principles in making laws." Illustrate the legislations, which have been enacted for the implementation of Directive Principles. (15 marks)
(c) "It was claimed in the Constituent Assembly that the Constitution of India has in fact, laid down a very 'facile' procedure for the amendment of the Constitution." Do you think the Doctrine of Basic Structure significantly limits the amending power under Article 368? Elucidate. (15 marks)
Answer approach & key points
The directive 'discuss' demands a balanced, analytical treatment with arguments for and against. Structure: Introduction defining parliamentary privileges, DPSP, and amendment procedure; Body—spend ~40% on part (a) covering Article 105, expulsion power (Raja Ram Pal case) and judicial review (Keshavananda, Jairam Das); ~30% on part (b) quoting Article 37 and illustrating with MGNREGA, RTE, Forest Rights Act; ~30% on part (c) analyzing 'facile' claim (Gopalan) vs Basic Structure limitation (Kesavananda, Minerva Mills, NJAC); Conclusion synthesizing how these doctrines maintain constitutional balance.
- Part (a): Article 105(3) privileges, freedom of speech, publication under parliamentary authority; expulsion power affirmed in Raja Ram Pal v. Hon'ble Speaker (2007) but limited by Kihoto Hollohan (intra vires judicial review)
- Part (a): Judicial review scope—Keshavananda (Basic Structure applies), Jairam Das v. State (expulsion procedural fairness), PV Narasimha Rao v. State (bribery and parliamentary immunity)
- Part (b): Article 37 non-justiciability vs fundamental in governance; illustrate with MGNREGA (Article 41), RTE Act 2009 (Article 45), Forest Rights Act 2006 (Article 46), Equal Remuneration Act (Article 39(d))
- Part (c): Constituent Assembly 'facile' claim—Article 368 original simplicity; Gopalan (no implied limitations) overruled by Kesavananda (Basic Structure doctrine)
- Part (c): Basic Structure limitations—judicial review, federalism, secularism, rule of law (Waman Rao, Minerva Mills, S.R. Bommai); Indira Gandhi v. Raj Narain (Article 329A struck down)
- Part (c): NJAC 2014 amendment struck down in Supreme Court Advocates-on-Record Association (2015) as violating Basic Structure of judicial independence
Q3 50M explain Constitutional Law - Judicial review, Parliament's legislative powers, Legal Services Authorities Act
(a) "In any democratic society, judicial review of administrative action is the soul of the system. Without it, democracy, and rule of law cannot be maintained." Explain with example. (20 marks)
(b) Examine the provisions under the Indian Constitution that authorize the Parliament to legislate on the subject-matters of the State List of the Seventh Schedule. (15 marks)
(c) "It is significant that the State shall secure the operation of legal system to promote justice on the basis of equal opportunity." Examine the provisions under the Constitution and Legal Services Authorities Act, 1987. (15 marks)
Answer approach & key points
The directive 'explain' for part (a) requires demonstrating how judicial review sustains democracy with concrete examples, while 'examine' for (b) and (c) demands critical analysis of constitutional provisions and statutory schemes. Allocate approximately 40% of time/words to part (a) given its 20 marks, 30% each to parts (b) and (c). Structure: brief introduction linking rule of law to all three parts; body addressing each sub-part sequentially with constitutional articles, case laws, and statutory provisions; conclusion synthesizing how judicial review, parliamentary federal flexibility, and legal aid collectively strengthen constitutional democracy.
- Part (a): Judicial review as basic structure (Kesavananda, L. Chandra Kumar); grounds of review (Wednesbury unreasonableness, proportionality); examples like Maneka Gandhi v. Union of India (passport impounding) or Vineet Narain (CBI autonomy) showing review preventing executive arbitrariness
- Part (b): Article 249 (Rajya Sabha resolution), Article 250 (national emergency), Article 252 (inter-state agreement), Article 253 (treaty implementation), Article 356 (President's Rule); limitations and federal tensions
- Part (c): Article 39A (Directive Principle for free legal aid); Sections 12-13 of LSA Act 1987 (entitlement criteria); Lok Adalats and Permanent Lok Adalats under Sections 19-22; NALSA and SLSA institutional framework
- Interconnection: How judicial review (a) enables enforcement of legal aid rights (c), while parliamentary powers (b) must respect federal balance reviewed by courts
- Contemporary relevance: Recent Supreme Court orders on legal aid during COVID-19, or judicial pushback on Article 356 impositions (S.R. Bommai), demonstrating living constitutionalism
Q4 50M examine Constitutional Law - Governor's pardoning power, Emergency provisions, Lokpal and Lokayukta
(a) Examine the power of the Governor to grant pardons, reprieves, respites or remissions of punishment, or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends. (20 marks)
(b) What are the significant changes introduced by the Constitution (Forty-fourth Amendment) Act, 1978 to emergency provisions contained in Part XVIII of the Constitution of India? Are they efficacious enough to prevent the possible abuse of power under Article 352 of the Constitution? Elaborate. (15 marks)
(c) "Lokpal and Lokayukta have roots in Indian governance culture." Explain, how the Lokpal and Lokayuktas Act, 2013 ensures transparency and accountability in public governance, both within and outside India. (15 marks)
Answer approach & key points
The directive 'examine' for part (a) requires critical analysis of the Governor's pardoning power with judicial interpretation; parts (b) and (c) use 'elaborate' and 'explain' respectively, demanding detailed exposition. Allocate approximately 40% of time/words to part (a) given its 20 marks, with ~30% each to parts (b) and (c). Structure: introduction acknowledging constitutional scheme of mercy jurisdiction; body addressing each sub-part sequentially with constitutional provisions, amendments, and statutory framework; conclusion synthesizing how these mechanisms collectively strengthen constitutional governance and suggesting reforms.
- Part (a): Article 161 scope and limitations; distinction from President's Article 72 power; judicial review parameters post-Maruram v. Union of India and Epuru Sudhakar cases; distinction between pardon, reprieve, respite, remission, suspension, commutation
- Part (a): Governor's power vis-à-vis death penalty cases; conflict with Centre in concurrent jurisdiction; 2015 Supreme Court guidelines on mercy petition disposal timelines
- Part (b): 44th Amendment changes to Articles 352, 358, 359; 'armed rebellion' replacing 'internal disturbance'; written recommendation of Cabinet vs. Prime Minister; cessation of proclamation by resolution; protection of Articles 20 and 21 during emergency
- Part (b): Critical assessment of efficacy—procedural safeguards vs. potential abuse; comparison with 1975-77 Emergency experience; remaining vulnerabilities in Article 352
- Part (c): Historical antecedents—Lokayukta in ancient Indian texts (Arthashastra, Rigveda), First ARC 1966, Administrative Reforms Commission; 2013 Act provisions on jurisdiction, appointment, prosecution wing
- Part (c): Transparency mechanisms—public disclosure of complaints, annual reports, search committee composition; international dimension—UN Convention Against Corruption alignment, India's ranking improvement in Transparency International indices; limitations and 2014 amendment issues
Q5 50M 150w Compulsory discuss International Law - Self-defence, UN General Assembly, State Succession, ICC Rome Statute, Contiguous Zone
Answer the following questions in about 150 words each:
(a) Is anticipatory and pre-emptive use of force for self-defence permissible under Article 51 of the UN Charter? Discuss. (10 marks)
(b) "The General Assembly of the United Nations cannot be called World Parliament." In this context, critically analyse the limitations on the General Assembly. (10 marks)
(c) Discuss the different theories of State Succession and the rights and duties arising out of the State Succession. (10 marks)
(d) How does the Rome Statute of the International Criminal Court define "Crime against Humanity"? Explain. (10 marks)
(e) What is 'Contiguous Zone'? Discuss the Indian position on this subject. (10 marks)
Answer approach & key points
The directive 'discuss' demands a balanced examination with critical analysis across all five parts. Allocate approximately 30 words (20%) per sub-part given equal 10-mark weighting, ensuring each part receives: brief context, doctrinal exposition, and a nuanced conclusion. Structure as: (a) Article 51 interpretation with Caroline/Nicaragua tests; (b) GA powers vs. Parliament contrast; (c) succession theories with treaty/property outcomes; (d) Rome Statute Article 7 elements; (e) UNCLOS Article 33 with Indian Maritime Zones Act provisions.
- (a) Distinguishes anticipatory self-defence (Caroline doctrine, 'instant, overwhelming necessity') from pre-emptive self-defence (Bush doctrine), citing Nicaragua (1986) and Oil Platforms (2003) to show Article 51's armed attack requirement; notes Article 51's 'inherent right' ambiguity
- (b) Contrasts GA's recommendatory powers (Article 10-14) with binding legislative authority; cites 'Uniting for Peace' resolution (1950) as functional substitute; notes weighted voting vs. sovereign equality tension
- (c) Contrasts universal succession (continuity theory) with clean slate (personality theory); applies 1978 Vienna Convention on Succession; distinguishes state property/debts from treaty obligations
- (d) Identifies Rome Statute Article 7's contextual element (widespread/systematic attack against civilian population) and enumerated acts including deportation, torture, enforced disappearance; distinguishes from war crimes
- (e) Defines contiguous zone (Article 33 UNCLOS: 12-24 nautical miles); cites Indian Maritime Zones Act 1976 (Section 5) for customs/fiscal/immigration/sanitary jurisdiction; notes 2005 amendment alignment
Q6 50M critically analyse International Law - UN Security Council, Law of the Sea, Territorial sovereignty
(a) There may be various reasons for the failure of the Security Council of United Nations in maintaining international peace and order. One of the main reasons is its composition and imbalanced power dynamics. Critically analyse. (20 marks)
(b) What is innocent passage on the Law of the Sea? Examine the Indian position on this matter. (15 marks)
(c) Examine the principles of acquisition of territorial sovereignty by newly emerged states. (15 marks)
Answer approach & key points
Begin with a brief introduction acknowledging the interconnected challenges in international law across all three sub-parts. For part (a) carrying 20 marks, allocate approximately 40% of time and words to critically analyse UNSC structural failures with specific reference to Article 23, 27 and the P5 veto power. For part (b) with 15 marks, spend 30% on defining innocent passage under UNCLOS Part II Section 3, then examine India's Territorial Waters Act 1976 and judicial pronouncements. For part (c) with 15 marks, devote remaining 30% to examining uti possidetis juris, effective occupation and self-determination principles with post-colonial and post-Soviet state examples. Conclude by synthesizing how structural inequities in international law affect all three areas.
- Part (a): Critical analysis of Article 23 composition, Article 27 voting procedure, P5 veto abuse in Syria/Ukraine, G4 reform proposals, and Uniting for Peace Resolution 377A as bypass mechanism
- Part (a): Imbalanced power dynamics including underrepresentation of Africa/Asia, regional group inequities, and legitimacy crisis of UNSC decisions
- Part (b): Definition of innocent passage under UNCLOS Article 17-19, conditions of innocence, submarines requirement to navigate on surface, and prohibition of prejudicial activities
- Part (b): Indian position through Territorial Waters, Continental Shelf, Exclusive Economic Zone Act 1976, MV Enrica Lexie incident 2012, and Supreme Court in Union of India v. Republic of Italy (2014)
- Part (c): Uti possidetis juris principle from Frontier Dispute (Burkina Faso/Mali) ICJ 1986, effective occupation criteria from Island of Palmas arbitration, and self-determination limitations
- Part (c): Application to post-colonial states (India-Pakistan boundary), post-Soviet succession, Kosovo advisory opinion 2010, and Bangladesh-India Bay of Bengal maritime boundary arbitration 2014 relevance
Q7 50M examine International Law - Nationality, Vienna Convention on Law of Treaties, WTO and international trade law
(a) Examine the definition, meaning of 'Nationality' and modes of acquisition of nationality. Also, make a distinction between Nationality and Citizenship. (20 marks)
(b) Discuss the right of the State parties to formulate reservations to a treaty under the Vienna Convention on the Law of Treaties, 1969. What are the legal effects of such reservations? Explain. (15 marks)
(c) Explain the principles of 'most favoured nation' and 'national treatment' in the International Trade Law. Is it permissible for a WTO member state to impose different rates of (reciprocal) tariffs on other member states of WTO? Can a member state affected by the higher tariffs file a complaint with the Dispute Settlement Body of the WTO? Discuss. (15 marks)
Answer approach & key points
The directive 'examine' for part (a) requires critical analysis with evidence, while parts (b) and (c) use 'discuss' and 'explain' respectively. Allocate approximately 40% of time/words to part (a) given its 20 marks, and 30% each to parts (b) and (c). Structure with a brief composite introduction, then address each sub-part sequentially with clear sub-headings, ensuring cross-references between nationality/citizenship distinctions and treaty reservation effects, and conclude with integrated observations on sovereignty versus international obligation in contemporary international law.
- Part (a): Definition of nationality under international law (Nottebohm criteria: genuine link, effective nationality); five modes of acquisition (birth: jus soli, jus sanguinis; naturalization; subjugation; cession); distinction between nationality (international law status) and citizenship (domestic political rights) with Indian constitutional context (Articles 5-11, Citizenship Act 1955)
- Part (b): VCLT 1969 Articles 19-23 on formulation of reservations; conditions for permissibility (not prohibited by treaty, not incompatible with object and purpose); legal effects under Articles 20-21 (acceptance, objection, severability vs opposition); distinction between reservations and interpretative declarations
- Part (c): MFN principle (GATT Article I) and National Treatment (GATT Article III) with their scope and exceptions; permissibility of differential tariff rates under GATT Article XXVIII (renegotiation) and Enabling Clause for developing countries; DSU Article 23 complaint mechanism and panel/Appellate Body process for tariff disputes
- Integration point: Relationship between state sovereignty (nationality determination, treaty reservations) and international obligation (WTO commitments, VCLT pacta sunt servanda)
- Contemporary relevance: India's citizenship amendments, reservation practices in human rights treaties, and recent WTO disputes (US-India solar panels, EU sugar subsidies)
Q8 50M critically examine International Law - Nuclear weapons law, Asylum, International dispute settlement
(a) Critically examine the International Law relating to development and use of nuclear weapons with special focus on the Treaty on Prohibition of Nuclear Weapons (TPNW), 2017. (20 marks)
(b) Discuss the different types of 'Asylum' and make a distinction between Territorial and Extraterritorial Asylum. (15 marks)
(c) The simplest and most utilized mode of settlement of international dispute is negotiations, which does not involve a third party, unlike mediation. Discuss which of these modes is best suited for settlement of international disputes. (15 marks)
Answer approach & key points
The directive 'critically examine' for part (a) demands balanced analysis with judgment, while (b) requires 'discuss' and (c) needs evaluative comparison. Allocate approximately 40% of time/words to part (a) given its 20 marks, 30% each to (b) and (c). Structure: Introduction linking nuclear weapons to global security; body addressing each sub-part sequentially with clear sub-headings; conclusion synthesizing India's position across all three themes.
- Part (a): Critical analysis of TPNW 2017 provisions (Articles 1, 4, 6, 7), its relationship with NPT 1968, and India's non-participation rationale
- Part (a): ICJ Advisory Opinion 1996 on legality of nuclear weapons threat/use; customary law status and humanitarian law implications
- Part (b): Classification of asylum (territorial, extraterritorial, diplomatic, naval); distinction based on locus of protection and state consent
- Part (c): Comparative evaluation of negotiation vs mediation with examples (Indus Waters Treaty 1960 negotiations vs Tashkent Declaration 1966 mediation)
- Part (c): Assessment criteria for choosing mode: urgency, power asymmetry, complexity, and preservation of bilateral relations