CONSTITUTIONAL LAW
Mains Questions for Judiciary
Law Inconsistent with or in Derogation of the Fundamental Rights (A. 13)
Q.1 Describe prohibition of discrimination based on sex. Explain meaning, scope and extent of term “citizen” within the purview of Constitution of India. [MPJS 2014, 2019]
Q.2 What are the application and interpretation of Article 13 of the Constitution? Discuss the doctrines precisely with leading cases. [BJS 2018]
Q.3 What is Judicial Review? Discuss the nature and scope of Judicial Review. How is it different from appeal? [BJS 2018]
Q.4 Against whom Fundamental Rights are available? In this context, refer to the meaning of the term ‘State’ in Part III of the Constitution. (UPJS 2018]
Q.5 Discuss the terms “Equality before law” and “Equal Protection of laws” as provided in the Constitution of India. State the exceptions to it also? [MPJS 2016]
Q. 6. Explain the rule of severability with reference to clauses (1) and (2) of Article 13 of the Constitution. Eight sections of Bombay Prohibition Act, 1949 and declared ultra vires on the ground that they infringed the Fundamental Rights of citizens. Can the rest of the Act survive? [UPJS 2012]
Q. 7. What do you understand by Judicial Review? What is the effect of Article 13 on Pre-constitutional laws and Post-constitutional laws? Explain your answer with the help of decided cases. [UPJS 2013]
Right to Equality and Reservation (A. 14-16)
Q.1. The Parliament of India passes a law making women ineligible for recruitment to the Indian Air Force. What fundamental right, if any, has been violated? Give reasons. [BJS 1978]
Q.2. ‘The right of Equality Before Law and the Equal Protection of Laws in the Indian, Constitution has been interpreted as to prohibit discrimination but permit classification. Comment on this statement and point out the basis on which such classification many be founded. Substantiate your answer with case-law. [BJS 1980]
Q.3. “A law may be constitutional even though it relates to a single individual if, on account of some special circumstances or reasons applicable to him and not applicable to others, that single individual may be treated as a class by himself.” (Chiranjeet Lal Chaudhari v. Union of India). Explain the valid tests of reasonable classification under Article 14 of the Constitution and evaluate the Supreme Court decisions dealing with laws made for single individuals and those creating Special Courts. [BJS 1986]
Q. 4. Write short note on Equality before law and Equal protection of laws. [BJS 1987, RJS 2014]
Q.5. “Arbitrariness is antithesis to Article 14 of the Constitution of India”. Elaborate. [RJS 2015]
Q. 6. ‘Arbitrariness and equality are sworn enemies”. Explain. [UPJS 2003]
Q.7. “Article 14 of India forbids class legislation, but does not forbid classification.” Explain. Section 118 of the Indian Succession Act, 1925 imposes restrictions on Christians alone in the matter of bequest to religious or charitable purposes. Examine the constitutionality of this provision on the touchstone of Article. [UPJS 2012]
Q. 8. “No person shall be deprived of his life and personal liberty except according to procedure established by law.” Discuss with the help of decided cases. [MPJS 2009, UPJS 2018]
Q.9. What according to you should be the basis and limit of reservation of posts in Government service? Support your answer with relevant case law. [BJS 1991]
