What are the essential of procalamation of Art 356 of the constituiton of India . Is this provision justiciable in the court of law. - Assam Judicial Service ( 2008)

Second Administrative Reforms Commission which submitted its Report in 2007, favours the constitution of the National Judicial Council (NJC) as a positive development in the direction of ensuring accountability but feels the need that NJC should be broad based with enhanced powers. Elucidate.    (10 Marks)

Mr. K, an undertrial, is rescued from Central Prison by X. In doing so X caused grievous hurt to Y, a warden of prison. X is tried and convicted for unlawfully rescuing an undertrial from legal custody. Subsequently X is tried for causing grievous hurt to prison warden Y.

X pleads that his subsequent trial is against his procedural and constitutional rights. In your opinion, is the trial (subsequent) permissible in this case. Give reasons if the answer is affirmative or negative.      (15 Marks)

X is the owner of a drive-in-theatre wherein cinema films are exhibited. As per law of the State, where an auditorium is also provided in a drive-in-theatre premises, persons other than those desiring to view the cinema while sitting in motor cars can “also” be admitted. The person who is admitted to view the film is required to pay Rs.300/- but a person sitting in his car in the auditorium is further required to pay Rs.200/- more. The challenge to the levy (Rs.200/-) is on the ground that the vehicle is not a person entertained and, therefore, the levy is ultra vires (not as per List II of Schedule VII to the Constitution of India). The State contends that the word “entertainment” is wide enough to comprehend in it the luxury or comfort with which a person entertains in the theatre himself.

Apply the most relevant rule of interpretation and discuss the rule also with the help of case law.       (20 Marks)

The Sociological School considers law as a social phenomenon and examines law in relation to Society. It takes a fundamental functional view of law in the writings of Roscoe Pound, who propounded the theory of Social Engineering and balancing of social interests. Elaborate.      (20 Marks)

What do you understand by the colourable exercise of the legislative power? Discuss.      (10 Marks)