Iasguru's blog

(a) ‘Rule of Law’ does not mean rule according to statutory law, pure and simple, because such a law may itself be harsh, inequitable, discriminatory or unjust. ‘Rule of Law’ connotes some higher kind of law which is reasonable, just and non-discriminatory. Explain.
(b) “With a view to enabling Parliament to act and x discharge its high functions effectively, without any interference or obstruction from any quarter, without fear or favour certain privileges and immunities are attached to each House collectively, and to the Member thereof individually.” Critically examine the statement.
(c) Examine the scope of the ‘Special Leave Jurisdiction’ of the Supreme Court as expounded by the Supreme Court of India.
(d) Explain and elucidate the significance of the various strategies adopted for the implementation of the ‘Directive Principles’ of Stale Policy enshrined in Part - IV of the Indian Constitution.

2.

(a) The framers of the Constitution felt that, in an emergency, the centre should have overriding powers to control and direct all aspects of administration and legislation throughout the country. Elucidate.
(b) ‘Judicial review is one of the basic features of the Constitution.’ Do you agree with the view? Cite relevant case laws.

3.

(a) “The legislature cannot delegate its powers to make a law; but it can make a law to delegate a power to determine some fact or state of things upon which the law intents to make its own action depend.” Critically comment on the above statement and discuss with the aid of relevant legal provisions and case laws.
(b) “Equality is the basic feature of the Constitution of India and any treatment of equals unequally or unequals as equals will be violation of basic structure of the Constitution of India.” Explain.

4. Write short notes on the following:

(a) The distinction between ‘Executive Power’ of the President and his ‘Constitutional Power’.
(b) Rights of the Press and the problem of Pre- censorship.
(c) The scope of the constitutional harmony and balance between ‘Fundamental Rights’ and ‘Directive Principles’ of State Policy.

Section - B

5. Answer any THREE of the following (Each answer should be about two hundred words):

(a) “It is difficult to maintain the distinction between formal and material sources taking into account that material sources consist simply of quasi constitutional principles of inevitable but unhelpful generality. What matters is the variety of material sources, the
all-important evidence of the
existence of consensus among States concerning particular rules of practice.” Critically examine the various sources of International Law in the development of Modern International Law, with the help of relevant case law.
(b) “India is neither a signatory to the 1951 Convention nor to the 1967 Protocol relating to the status of refugees and is already a signatory to other Universal Human Rights instruments. The Indian courts have taken the lead by resorting to judicial activism in protection of refugees with the aid of International Instruments, constitutional and various legislative provisions.” Discuss.
(c) Explain the concept and characteristics of ‘Third World Countries’. Critically examine the demands and the achievements of ‘Third World Countries’ in shaping New International Economic Order.
(d) Do you find any distinction between the State Liability and State Responsibility under International Law ? Critically examine the general principles of State Respon-sibility in International Law.