Constitutional Law II

DATE: 10/11/2017 TIME: 10:30 am to 01:00 pm
NATIONAL LAW UNIVERSITY ODISHA, CUTTACK

End-Semester Examination (Odd-Semester)
November, 2017
B.A.LL.B/ BBA.LL.B
SEMESTER - III (BATCH OF 2016 – 2021)
Full Mark: 45 Duration: 2 hrs 30 mins.

General Instructions
1. No clarifications can be sought on the question paper. In case of any ambiguity in the question paper
students are expected to rely on the question paper as it is and respond to it.
2. Notes, books, other written and printed matter, other examinations aids, and electronic devices, including
but not limited to mobile phones, laptops and digital diaries, are strictly prohibited in the examination
hall. Any candidate found in possession of any of the above during the examinations, either inside or
outside the Examination hall will be treated as unfair means.
3. Start a new page for each question and take care to identify each answer clearly with the
number of the question and, where appropriate, the part you are answering and write your
answers in sequence i.e. number wise.
Material allowed in the Examination hall: Bare Act of Constitutional Law
CONSTITUTIONAL LAW II
1. Ron, Harry and Hermione are close friends and classmates at Hogwarts School of Witchcraft and Wizardry.
They were really fond of Professor Dumbledore who was the Principal of the School. However, in March
2016, Dumbledore was removed from his post by the Ministry of Magic and Ms. Dolores Umbridge was
appointed in his place. Harry and his friends were of the firm view that Ministry of Magic had come to be
controlled by the Voldemort, and evil but great wizard who is eager to murder all the mudbloods (muggle-
born wizards). They were deeply displeased with Ms. Umbridge and her policies. She was contemptuous
towards senior teachers and started installing her own followers in teaching positions. She severely curtailed
the freedom of students by disallowing any kind of assembly and by disbanding all curricular committees.
Enraged by this turn of events, Harry and his friends started to hatch a plan to expose the darker side of
Umbridge to the wizarding world. They, along with some other students, formed a secret society called
Dumbledore’s Army. Their main purpose was to collect as much evidence as possible against Ms. Umbridge
and then leak the same to the media. They started making video recordings of Ms. Umbridge in secret when
she was talking rudely to students and other faculty members. They also made recordings of her racist and
sexist jibes.
One day, while Harry and Herminoe ware making such a recording, they were caught by Draco, a fellow
student and an acolyte of Ms. Umbridge. Ms. Umbridge was furious when she found this out. A criminal
investigation was initiated against Harry and Ron with the charge of conspiring to defame Ms. Umbridge and
Hogwarts.
Page 1 of 3
When the phone with which Harry was recording Ms. Umbridge was confiscated, it was found that it can be
unlocked only with the fingerprint of Harry. In addition to the same, authorities were also unable to unlock
the e-mail account of Harry as it was secured with a very strong encryption. They wanted to access his e-
mail communication with other students to find out more about the Dumbledore’s Army. Thus, the authorities
asked Harry to unlock the phone with his fingerprint and also to provide them with the password to open his
e-mail account. Harry refused both the demands citing his fundamental right against self-incrimination.
Decide if Harry can be made to share his fingerprint and the password. Answer in not more than 250 words.
[15 Marks]
2. Can the state prohibit the use of loud speakers for religious prayers? Answer in not more than 150 words.
[05 Marks]
3. The Government of India revised the pension scheme to the benefit of the employees and made it
applicable prospectively to the employees who were to retire on March 31, 2016 or thereafter. The decision
was taken by the Government on May 2, 2016 and it appears that the cut-off date was fixed taking into
account the start of the new financial year. The decision has been challenged as irrational and arbitrary. It
was argued that existing and future pension holders formed one indivisible class and they could not be
classified into two separate classes based on a date selected by the government. Government of India on
the other hand argued that it had budgetary constraints and therefore the liberalized rules could be applied
only to future pension holders (those retiring on and after March 31, 2016). Otherwise, it would have serious
budgetary implications and also impose additional administrative cost because the pension of the existing
pension-holders would have to be computed according to the new liberalized rules, which would not be
feasible.
The above matter is pending before the Supreme Court of India. Discuss the expected decision in the light
of the settled law on the issue in not more than 200 words.
[08 Marks]
4. “Equality is a dynamic concept with many aspects and dimensions and it cannot be ‘cribbed, cabined and
confined’ within the traditional and doctrinaire limits. From a positivistic point of view, equality is antithetic to
arbitrariness. In fact, equality and arbitrariness are sworn enemies; one belongs to the rule of law in a
republic while the other, to the whim and caprice of an absolute monarch. Where an act is arbitrary, it is
implicit in it that it is unequal both according to political logic and constitutional law and is therefore, violative
of Article 14…..” In the light of the above observation made by Bhagwati, J. in E.P. Royappa v. State of
Tamil Nadu 1974, discuss the New Equal Protection Doctrine. Support your answer with case laws
wherever necessary. Answer in not more than 200 words.
[10 Marks]
5. The Constitution is not about the power of the state but about the limits of the power of the State over the
people. If this is true, is making Aadhar mandatory a violation of the right to privacy under Article 21?
Answer in not more than 200 words
[08 Marks]
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DATE: 10/11/2017 TIME: 10:30 am to 01:00 pm

NATIONAL LAW UNIVERSITY ODISHA, CUTTACK

Full Mark: 45 Duration: 2 hrs 30 mins.

Material allowed in the Examination hall: Bare Act of Constitutional Law

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