Sample questions for practice
1- In 2026, a sudden armed rebellion breaks out in a border state. The Union Government,
citing grave threat to national security, issues a Proclamation of Emergency under Article
352. Soon after, it suspends the right of citizens to move courts for enforcement of certain
fundamental rights under Article 359.
Mr. X, a journalist, is detained without trial for publishing articles critical of the government. He
files a writ petition of habeas corpus before the Supreme Court. Meanwhile, another group of
citizens challenges the suspension of rights, arguing that Articles 20 and 21 cannot be
suspended even during an emergency.
Questions:
1. Assess the constitutional validity of the proclamation under Article 352 and its impact on
fundamental rights under Articles 358 and 359.
2. How should the Supreme Court respond to Mr. X’s habeas corpus petition in light of the
suspension order?
3. Can the suspension under Article 359 extend to rights under Articles 20 and 21? Discuss
with reference to judicial precedents.
2- The Union Government directs State Y to implement a nationwide scheme on cleanliness
under Articles 256 and 257. The state government refuses, claiming it violates its autonomy.
The Union issues repeated directions, but the state continues to defy them.
Subsequently, widespread internal disturbance erupts in the state. The Governor submits a
report to the President stating that the constitutional machinery has broken down. The President
imposes President’s Rule under Article 356.
Questions:
1. Analyze the Union’s power to issue directions under Articles 256 and 257, and the
consequences of non-compliance under Article 365.
2. Discuss the constitutional validity of imposing President’s Rule in this situation,
considering grounds, limitations, and parliamentary control.
3. To what extent is the President’s decision under Article 356 subject to judicial review?
Illustrate with case law.
3 - The State of Bihar enacts a law imposing a tax on advertisements published in newspapers,
even if the newspapers are printed outside Bihar but circulated within the state. A newspaper
company headquartered in Delhi challenges the law, arguing that Bihar has no legislative
competence over entities located outside its territory.
Meanwhile, a Union Territory questions whether its legislature has the same powers as a state
legislature under Article 246.
Questions:
1. Apply the Doctrine of Territorial Nexus (Article 245) to determine whether Bihar’s law
is constitutionally valid. Refer to State of Bombay v. R.M.D.C. (1957).
2. Discuss the scope of legislative competence under Article 246 with respect to Union
Territories.
3. How does the principle of plenary and ancillary powers of legislation affect the
validity of Bihar’s law?
4- In 2027, Parliament passes a law regulating agricultural markets, a subject in the State List
(List II), citing national interest. The law is challenged by several states as unconstitutional.
Later, during a national emergency under Article 352, Parliament expands its control over state
subjects.
Additionally, a conflict arises between a Union law and a State law on the same subject, raising
questions of repugnancy.
Questions:
1. Analyze Parliament’s competence to legislate on matters in the State List under Articles
249–253, and during emergencies under Articles 352 and 356.
2. Apply the Doctrine of Pith and Substance to determine whether Parliament’s law
regulating agricultural markets is valid.
3. If a State law conflicts with a Union law on the same subject, how does Article 254
(Doctrine of Repugnancy) resolve the issue? Illustrate with case law.
5- The State of Bihar enacts a law ostensibly regulating religious endowments but, in effect,
imposes restrictions on charitable trusts that fund educational institutions. A trust challenges the
law as a colourable exercise of legislative power.
Simultaneously, Parliament enacts a law under its residuary powers (Article 248) to regulate
digital currencies, which states argue falls within their financial jurisdiction.
Questions:
1. Examine whether Bihar’s law amounts to a colourable exercise of legislative power,
with reference to State of Bihar v. Charusila Dasi (1959).
2. Discuss the scope of Parliament’s residuary powers under Article 248, applying
G.V.K. Industries v. ITO (2011).
3. How should courts apply the Doctrine of Harmonious Construction to resolve
overlaps between Union and State legislative lists?