TRIBHUVAN UNIVERSITY
2063
LL.M 1st year Full Marks: 100
Constitution Law Pass Marks: 50
Time: 4 hrs.
Candidates are required to give their answers in their own words as far as practicable. The questions are of equal value.
Attempt any SIX questions:
1. What are the basic characteristics of federal constitution? What are the advantages and disadvantages of the federal constitution? What are the basic premises of the proposed federal constitution of Nepal?
2. “Judicial review of the legislations passed by elected parliament is often considered undemocratic. It gives enormous power to few unelected judges to say “yes” or “no” to the law passed by elected body.” Do you agree with the above statement? Give reasons in support of your answer. Discuss the exceptions of judicial review.
3. Examine the basic features of the interim constitution of Nepal 2063 B.S. How far is it dependent on the declaration of the house of representatives of 2063 B.S.
4. Discuss the role of Representatives house under the interim constitution of the kingdom of Nepal 2063 B.S. Examine the reasons and ground of the rejection of the constitution of the kingdom of Nepal 2047 B.S.
5. What do you mean by “Basic Structure Theory” in the constitution law? What were the basic features of the constitution of kingdom of Nepal 2047 B.S.? Do you think that we should retain the basic feature concept in the future constitution of Nepal? Answer with reasons.
6. What do you mean by independence of judiciary? What are the preconditions of independence of judiciary? Whether the present interim constitution of Nepal 2063 B.S. has committed to the principles of independence of judiciary? Answer with reasons.
7. Critically examine the4 trends and development of Nepalese constitutionalism
8. Write short notes on any THREE of the following
a. Political question Doctrine .
b. Public Interest litigation in Nepal
c. Right to privacy
d. Doctrine of separation of power
e. Republication set up
TRIBHUVAN UNIVERSITY
2064
LL.M 1st year Full Marks: 100
Constitution Law Pass Marks: 50
Time: 4 hrs.
Candidates are required to give their answers in their own words as far as practicable. The questions are of equal value.
Attempt any SIX questions:
1. What are the basic differences between Fundamental Rights and directive principles and policies of the state? Examine the contents of the directive principles and policies of the state under the interim constitution of Nepal 2063 B.S.
2. What are the salient features of general election and the constituent assembly election? What were the considerations of the constituent assembly election in Nepal? Discuss.
3. Discuss the salient features of presidential system of government and how it differs from the parliamentary form of government.
4. Federalism is a system of government, which believes in division of power between provincial government and federal central government. What are the powers that must be retained by federal central government in order to maintain national unity and integrity of the country? What kinds of power are normally allocated to the provincial governmental? Discuss.
5. Discuss the powers and functions of the commission for investigation of abuse of authority. Do you think it has succeeded in corruption control in Nepal? Critically analyses its strengths and weaknesses.
6. Discuss the powers and functions of the human rights commission of Nepal. How far it has been turned into effective supporting reasons.
7. Discuss the treads and development of Nepalese constitutionalism. Do you consider the interim constitution of Nepal 2063 B.S. has really contributed to further development of Nepalese constitutionalism?
8. Write short notes on any THREE of the followings:
a. Secularism
b. constituent assembly
c. Defection in parliament
d. Defence Council
e. Republican set up
TRIBHUVAN UNIVERSITY
2065
LL.M 1st year Full Marks: 100
Constitution Law Pass Marks: 50
Time: 4 hrs.
Candidates are required to give their answers in their own words as far as practicable. The questions are of equal value.
Attempt any SIX questions:
1. Critically analyse the advantages and disadvantages of the federal constitution. What types of federal constitution should be written for Nepal by the constituent assembly.
2. There are some constitutions with the preamble and others having no preamble. Do you think a constitution should be dispensed with the preamble? Give your answer with justification.
3. Critically assess the rule of law situation in Nepal. Also illustrate the mechanism for the effective enforcement of rule of law in Nepal.
4. “Although in the cabinet all its member stand on an equal footing, speak with equal voice and act in unison, yet, the chairman of the cabinet is the first among equals (primus inter pares) and occupies a position of exceptional and peculiar authority.” In the light of above statement, discuss the role and responsibility of the cabinet under the captaincy of the Prime Minister in the parliamentary system of Government.
5. “There is an overlapping in the power and functioning of the legislative and executive branch of government in the parliamentary system. It is the committee system that makes the executive aside from the legislative.” In the light of the above statement, critically analyses the role of committee system as a check in the functioning of the executive.
6. What are the grounds of judicial review? How far is the doctrine of judicial review able to maintain the independence of judiciary? Assess the role of Nepalese judiciary in the changing scenario of Nepal.
7. Explain the procedural and substantive limitations on the power of constitutional amendment in Nepal with special reference to the basic structure theory in India.
8. Write short notes on any THREE of the followings:
a. Presidential system in Nepal
b. Dissolution of parliament
c. Political question doctrine
d. Role of the speaker
e. Separation of powers
