Professional Documents
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LL.B. Semester ll
113 F - PRINCIPLES OF POLITICAL SCIENCE & THEORY
Note :
Document (version -v1.1 dated 15-Mar-2016) compiled by
ketan.bhatt@iitbombay.org for his personal use. Larger student
community may also benefit.
This document is primarily related to 3 year LLB course of Gujarat
University. However, many other universities have also adopted
similar syllabus.
Syllabus is in BOLD text. Reference to all questions listed herein
below, is to such questions which were asked in Gujarat University
examinations.
SYLLABUS :
http://www.lawctopus.com/academike/category/humanities/politicalscience/
1..2)
each other
1..3)
1..4)
1..5)
1..6)
Page - 2 of 13
Q : 2013 : Define and explain the meaning of citizenship. Discuss the
constitutional position relating to citizenship.
Q : 2014, 5 : Explain various modes of acquiring and loosing the
citizenship of india. Does the constitution of india have the system
of dual citizenship? Answer with reasons.
Ans :
hypothesis
https://en.wikipedia.org/wiki/Indian_nationality_law
http://www.gktoday.in/citizenship-act-1955-and-provisionsof-indian-citizenship/
Q : 2013 : Explain : inter-relationship between state and citizen.
Ans :
Hypothesis http://www.preservearticles.com/201012241595/differencebetween-state-and-citizen.html
Q : 2015 : Define and explain unitary and federal systems.
Q : 2013, 4, 5 : What is Federalism? Explain the quasi-federal
system of india. How it differs from true federal system?
Q : 2013, 5 : Merits and demerits of quasi-federal system.
Ans :
Const-I
page-18 --- Q : 2015 : Constitution of India is quasi-federal
Discuss.
Page-24 --- Q : 2014 : Indian constitution can be both
unitary as well as federal according to the requirement of time
and circumstances Discuss.
Q : 2014, 5 : Explain the doctrine of judicial review and importance
thereof. Whether it is a part of the basic structure of the constitution
of india. Explain the meaning and its importance thereof in
democratic countries.
Q : 2015 : Explain federalism as a basic structure of the
constitution of india
Page - 3 of 13
Ans :
read page-8 --- Const-I --- Q : 2015 : Explain : basic structure
theory to the preamble / power of parliament to amend the
constitution.
-----> golaknath :
hypothesis --https://en.wikipedia.org/wiki/I.C._Golaknath_and_Ors._vs_St
ate_of_Punjab_and_Anrs.
page-311 of jhabvala
-----> keshavananda bharti
hypothesis --https://en.wikipedia.org/wiki/Kesavananda_Bharati_v._State_
of_Kerala
page-313 of jhabvala
Doctrine of judicial review :
hypothesis ---> https://en.wikipedia.org/wiki/Judicial_review
and then go on to discuss indian caselaws - golaknath +
kesavananda
also read const-I Q : What is meant by Judicial Review (Art-13)?
https://indconlawphil.wordpress.com/2013/12/29/judicialaccountability-and-fundamental-rights-i/
https://indconlawphil.wordpress.com/2014/01/10/guest-postjudicial-accountability-and-fundamental-rights-ii/
2..1)
of India
2..2)
Page - 4 of 13
2..3)
Liberalization
2..4)
2..5)
theory on Sovereignty
2..6)
Page - 5 of 13
other authorities within the territory of India or under the control of
the Government of India.
Make outline of HOW scope got expanded :
interesting study :
good -> https://indconlawphil.wordpress.com/tag/article-12/
https://indconlawphil.wordpress.com/2014/04/26/what-isthe-state-i-article-12-and-constitutional-obligations/
https://indconlawphil.wordpress.com/2014/07/05/what-isthe-state-ii-two-approaches-to-interpreting-article-12/
https://indconlawphil.wordpress.com/2014/08/15/what-isthe-state-iii-adopting-the-instrumentality-or-agency-test/
https://indconlawphil.wordpress.com/2014/08/17/what-isthe-state-iv-agencyinstrumentality-as-a-function-of-statecontrol/
https://indconlawphil.wordpress.com/2014/08/19/what-isthe-state-v-zee-telefilms-the-death-of-the-functionalapproach-and-an-alternative/
https://indconlawphil.wordpress.com/2015/12/16/deemeduniversities-and-article-12-of-the-constitution/
Q : Discuss : Sovereignty: Definition, concept, characteristics,
Austins theory on Sovereignty
Ans :
hypothesis http://www.politicalsciencenotes.com/essay/sovereigntymeaning-and-characteristics-of-sovereignty/254
hypothesis - https://en.wikipedia.org/wiki/John_Austin_
%28legal_philosopher%29
Q : Supremacy of the Constitution : Meaning and importance along
with the Supreme Court decisions
Ans :
Page - 6 of 13
hypothesis --https://en.wikipedia.org/wiki/Constitution_of_India
3..2)
& Executive
3..3)
3..4)
Circumstances
3..5)
countries, importance,
3..6)
Page - 7 of 13
In a Parliamentary System, the entire country doesn't usually
get to vote for the executive by name (except Israel),
Page - 8 of 13
hold them totally accountable for the results of their
government.
Page - 9 of 13
Doctrine of Waiver of Right: It provides that a person has the
liberty to waive the enjoyment of such rights as are conferred on
him by the state, provide that such person must have the
knowledge of his rights and the waiver should be voluntarily,
However, citizens cannot waive of any of the fundamental rights.
Distinguish between rights and fundamental rights
hypothesis --http://www.legalservicesindia.com/article/article/waiver-offundamental-rights-203-1.html
or read on for alternate answer
Definition The Doctrine of Waiver of seems to be based on the
premise that a person is his best judge and that he has the
liberty to waive the enjoyment of such rights as are conferred on
him by the state.
Blacks Law Dictionary defines Waiver as the voluntary
relinquishment or abandonment (express or implied) of a legal
right or advantage. It also says that the party alleged to have
waived a right must have had both knowledge of the existing
right and the intention of forgoing it.
Various Legal luminaries and scholars have also tried to explain
the Doctrine of Waiver.
1. William R. Anson
Waiver is often
Page - 10 of 13
lead to the incorrect inference that the promisor must know
his legal rights and must intend the legal effect of the
promise. But it is sufficient if he has reason to know the
essential facts.
Page - 11 of 13
amount to waiver of the opportunity and such person cannot
be permitted to turn around at a later stage.
2.Krishna Bahadur v. M/s. Purna Theatre & Ors. This case
made a differentiation between the principle of Estoppel and
the principle of Waiver. The court said that the difference
between the two is that whereas estoppel is not a cause of
action; it is a rule of evidence; waiver is contractual and may
constitute a cause of action; it is an agreement between the
parties and a party fully knowing of its rights has agreed not
to assert a right for a consideration .
Page - 12 of 13
Fundamental rights is a bit different. It was discussed in the
case of Basheshr Nath v. Income Tax commissioner . The
Court said that:
Without finally expressing an opinion on this question we are
not for the moment convinced that this Doctrine has any
relevancy in construing the fundamental rights conferred by
Part III of our Constitution. We think that the rights described
as fundamental rights are a necessary consequence of the
declaration in the preamble that the people of India have
solemnly resolved to constitute India into a sovereign
democratic republic and to secure to all its citizens justice,
social, economic and political; liberty, of thought, expression,
belief, faith and worship; equality of status and of opportunity.
These fundamental rights have not been put in the
Constitution merely for the individual benefit though
ultimately they come into operation in considering individual
rights. They have been put there as a matter of public policy
and the doctrine of waiver can have no application to
provisions of law which have been enacted as a matter of
Constitutional policy. Reference to some of the articles, inter
alia, Articles 15(1) 20, 21, makes the proposition quite plain.
A citizen cannot get discrimination by telling the State 'You
can discriminate', or get convicted by waiving the protection
given under Articles 20 and 21.
We find that the primary objective of Fundamental Rights is
based on Public Policy. Thus, individuals are not allowed to
waive off such fundamental rights. Also, it is the constitutional
mandate of the Courts to see that Fundamental Rights are
enforced and guaranteed even if one might wish to waive
them
Q : 2014 : Explain the principle of rule of law and its implications in
india.
Ans :
hypothesis - https://en.wikipedia.org/wiki/Rule_of_law
ketan.bhatt@hypothesis - http://www.lawnotes.in/Rule_of_Law
Page - 13 of 13
eg kesavananda bharati constitution is supreme
Q : 2014, 5 : Explain with decided cases the meaning and
importance of the words, procedure established by law under Art21 of the constitution of india and taking in to consideration relevant
judicial pronouncements.
Ans :
hypothesis - http://www.clearias.com/procedure-established-bylaw-vs-due-process-of-law/
also include discussion on Art-21 from const-I
very good 7 page article at
http://manupatra.com/roundup/323/Articles/due%20process
%20of%20law.pdf
SUGGESTED READING :