Mid-Sem Ans Key Constitutional Law - II 1

MMP, TNNLS

THE TAMILNADU NATIONAL LAW SCHOOL

B.A., LL.B. (Hons) & B.Com., LL.B. (Hons) Degree Course
Second Year Fourth Semester,
Mid-Semester Examinations, March 2016
CONSTITUTIONAL LAW II
Answer Key (Student Copy)
Note: Answers comprises only the important points that are expected for every answer.
However presentation and content analysis with relevant judicial interpretations will
decide on total marks for every answer
Part A
Answer any two of the following in not less than 350 words:

(2*4 = 8 Marks)

1. Ans: Before 1935 Unitary Government of India Act, 1935 Federal System
Unitary to Federal Union Sui-generis System Quasi-federal Prof. Wheare
Federal with unitary features Federation with a strong centralizing tendency
Provisions in the constitution which are supposed to go against the principle of
federalism Parliament has power to the Re-organize States Appointment of
Governor by Centre Central Assent to State Legislation Central Financial Support to
the States Emergency Provisions Co-operative federation Pure federalism is
imaginary Fundamental principle is, powers are partitioned between Centre &

State not by means of an ordinary law passed by the Centre but by the
Constitution nothing static about the federal concept.
2. Ans: The Power to pardon is a part of constitutional Scheme This Judicial Power of
executive is to correct possible judicial errors, for, no human system of judicial
administration can be free from imperfections Inordinate Delay by Executive
constitutional obligation and not a mere prerogative Government should make rules
for its own guidance in the exercise of power.
3. Ans: Local self-government Village Panchayat, unit of local administration under
British period 1992 73rd & 74th Amendment Part-IX & IXA Entry 5 of List II of
7th Schedule Direct Election Reservation of seats for women Election Commission
to conduct election Finance Commission to ensure financial viability of these
institutions State Legislatures will define the power and functions of various organs by
law Panchayats Village level District Panchayat Intermediate Panchayat Gram
Sabha 11th Schedule Municipalities Institutions of Self-Government Institutions
for Planning Wards Committee 12th Schedule.

Mid-Sem Ans Key Constitutional Law - II 2

MMP, TNNLS

Part B
Answer any two of the following in not less than 150 words:

(2*2 = 4 Marks)

4. a. Ans: Art. 105 & 194 External & Internal Individual & Collective Power of
Houses Internal Autonomy Breach of Privileges.
b. Ans: First among equals Art. 75(1) & 78 of the Indian Constitution PM has a
pre-eminence, by convention and usage.
c. Ans: The President and Governors are empowered with certain legislative powers
(Arts. 123, 213 and 356) and certain judicial powers (Arts. 103 and 192) the
legislature exercises certain judicial functions (Arts. 105 and 194) the Judiciary
exercises few legislative and executive functions (Arts. 145, 146, 227 and 229)
However the judiciary is made separate from the executive (Art. 50).
Part - C
Answer any two of the following problems applying relevant provisions of the Constitution,
legal principles & decided cases:
(2*4 = 8 Marks)
5. Ans: Sch. X Para 2(2) Independent legislators An Independent legislator does not
always have to express his intention to join a party in writing, but mere extension of
support to CM and joining his Cabinet or mere participation in meetings and rallies of a
political party are not sufficient to conclude that they had actually joined a political party.
See D. Sudhakar (2) v. D.N. Jeevaraju, (2012) 2 SCC 708
6. Ans: Arts. 75(1), 75(2) and 75(5) Principles of a representative and responsible
Government Instead of plain language of the Article, purposive interpretation of the
provision has to be taken It is not permissible for different Prime Minister, to appoint
the same individual as a Minister, without him getting elected, during the term of the
same Loksabha. The change of a Prime Minister, during the term of the same Loksabha
would, therefore, be of no consequence so far as the individual concerned.
See S.R. Chaudhari v. State of Punjab, AIR 2001 SC 2707
7. Ans: Mr. Vijay Rathore doesnt hold any office of profit under the Central Government
and he is eligible to contest elections.

The indirect control of the government arising out of its power to appoint the
managing director of the company and to issue directions to the company in its
general working does not bring the employees of the company directly under
government control.
S.10 of Representation of the People Act, 1951 disqualifies a person only if, and
for so long as, he is a managing agent, manager or secretary of any company or
corporation (other than a cooperative society) in the capital of which the
appropriate Government has not less than 25% share. In this Case, the
government has only 24%, so S.10 is not applicable.

Mid-Sem Ans Key Constitutional Law - II 3

MMP, TNNLS

See

D.R. Gurushantappa v. Abdul Khuddus, AIR 1969 SC 744

Shivamurthy Swami v. Agadi Sanganna Andanappa, (1971) 3 SCC 870
Biharilal Dobray v. Roshanlal Dobrary, AIR 1984 SC 385
Satrucharla Chandrasekhar Raju v. Vyricherla Pradeep Kumar Dev, AIR 1992 SC
1959
--------------