Assam Judicial Service 2021: Assam Judicial Service Grade-I LDCE (promotion from Grade-II) Main Written Examination, Paper - III

THE GAUHATI HIGH COURT AT GUWAHATI
              (The High Court Of Assam, Nagaland, Mizoram and Arunachal Pradesh)

Limited Departmental Competitive Examination, 2021 for Promotion from Grade-
                   II to Grade-I of Assam Judicial Service

Date: 25.07.2021                                                         Time: 9 a.m. to 12 noon
Total Marks: 100                                                         Duration: 3 Hours


                                           PAPER-III

 [Instruction: The candidate is expected to refer to the relevant decisions of the
            Apex Court and the High Court while writing the answers]

                               Constitutional Law (40 Marks)

[Answer any 3 (three) questions from Question Nos. 1 to 5]                   (3 x 10=30 Marks)


   1. The amending power of the Constitution of India and its limitations in the context of


           the “Basic Structure Doctrine”. Elaborate.


   2. Article 14 of the Constitution of India in the context of “due process of law”. Explain


           with case laws.


   3. Write an essay on the Constitutional provision regarding the Subordinate Judiciary.


   4. Write an essay on the Fundamental Duties under the Constitution of India.


   5. Distinguish between Article 226 and Article 32 of the Constitution of India.


   6. Write a brief note on any two of the following:                         (2 x 5=10 Marks)


   (i)        Article 21 of the Constitution of India - Its Expansion.

   (ii)       The Preamble of the Constitution of India.

   (iii)      Public Interest Litigation – the checks and balances to be examined.

   (iv)       Fundamental Rights available to a person vis-a-vis those available to a citizen.

Jurisprudence (20 Marks)


7. Answer any two of the following:                                (2 x 10=20 Marks)


(i)     Write a brief note on the Doctrine of Double Jeopardy with reference to the

        Constitutional and other statutory provisions.

(ii)    The principle of Äudi Alteram Partem” and its exception. Elaborate with case

        laws.

(iii)   Write a brief note on Sentencing, as a part of Criminal Jurisprudence.

(iv)    Explain the doctrine of “Stare Decisis” with context to the Constitutional

        provision touching the aspect of “per incuriam”.



                        Judgment Writing (40 Marks)



8. Write a judgment on the basis of the materials available in the enclosed paper book:
                                                                              40 Marks