Orissa Judicial Service (O.J.S. – 2010)
JURISPRUDENCE AND CONSTITUTION OF INDIA
Time – Three Hours
Full Marks – 150
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Answer SIX questions, THREE from Section A, and THREE from Section B All questions carry equal marks.
SECTION – A
1. Jurisprudence as a social science addresses itself to those who study law as a system of knowledge. Explain. 25
2. What are the features of Positivism ? Discuss the same as profounded by Austin. 25
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3. Define ‘Justice’ and distinguish ‘Corrective Justice’ from ‘Distributive Justice’. 25
4. Custom is the embodiment of those principles which have commended themselves to the natural conscience as principles of justice and public utility (Salmond). Comment. 25
5. Ownership is described as right “indefinite in point of user – unrestricted in point of disposition – and unlimited in point of duration – over a determinate thing”. Discuss the scope of this 25
6. What is meant by administration of justice and discuss various Judicial remedies covered under it. 25
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SECTION – B
7. Explain the scope of Right to life and personal liberty under Article 21 of the Constitution of India as expounded and expanded by the Supreme Court from time to time. 25
8. Critically examine the Constitutional provisions relating to Doctrine of Pleasure with relevant case law. 25
9. Write short notes on the following :-
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(a) Locus Standi. 12 1/2
(b) Freedom of Interstate trade and commerce. 12 1/2
10. ‘Fundamental Rights and Directive Principles of State Policy together constitute the conscience of the Constitution’. Comment. 25
11 ‘Impartial and independent Judiciary is an essential prerequisite of a Federation’. Explain. 25
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12. Write short notes on the following
(a) Planning Commission. 12 1/2
(b) National Development Council. 12 1/2