Constitutional Law Important Questions for TU Law Exams (LL.B. LAW304 & B.A.LL.B.) — Unit-wise List

By /

Constitutional Law carries huge weight in TU law exams — and in the bar exam later. This is a unit-wise list of the most important questions for the TU LL.B. Constitutional Law paper (LAW 304), so you can revise the entire syllabus question by question before the exam.

Who is this for? TU LL.B. 1st Year (Constitutional Law, LAW 304) students — and B.A.LL.B. students of Constitutional Law-I (LAW 5202) and Constitutional Law-II (LAW 5303), which cover the same ground across two semesters.

Unit-wise important questions

Unit 1: Introduction

  1. State the three senses of the word “constitution.”
  2. Write short notes: (a) Constituent power; (b) Presumption of constitutionality; (c) Ultra vires; (d) Books of authority.
  3. “Conventions are the flesh that clothes the dry bones of the law” (Dicey). Explain with Nepali examples.
  4. Define constitutional law. Explain its nature and scope with special reference to Nepal. (15)
  5. Discuss the sources of constitutional law. Which sources are enforceable and which are merely persuasive? (15)

Unit 2: Classification of Constitution

  1. What are ideal types? Why is classification by dominant character?
  2. Write short notes: (a) Constitutional monarchy; (b) Unamendable provisions; (c) Semi-presidentialism; (d) Absolute vs. constitutional monarchy.
  3. How does the Constitution of Nepal (2015) entrench provincial interests in its amendment procedure?
  4. Explain the classification of constitutions, stating Nepal’s position under each classification. (15)
  5. Distinguish written from unwritten constitutions. Can an unwritten constitution protect fundamental rights? (10)

Unit 3: Constitutionalism

  1. Define constitutionalism in one sentence and distinguish it from a constitution.
  2. Write short notes: (a) Rechtsstaat; (b) Transformative constitutionalism; (c) Counter-majoritarian difficulty; (d) Inclusion engineering.
  3. Trace the historical sources of the idea of constitutionalism.
  4. “Every state has a constitution, but not every state has constitutionalism.” Explain, defining both terms. (10)
  5. Discuss the essential elements of constitutionalism and test the Constitution of Nepal (2015) against them. (15)

Unit 4: Rule of Law

  1. Distinguish rule of law from rule by law.
  2. State Fuller’s eight principles of legality.
  3. “The rule of law is a virtue of form, not content” (Raz). Explain.
  4. Define the rule of law. How does it differ from rule by law and from constitutionalism? (10)
  5. Explain Dicey’s three principles of the rule of law and critically evaluate them in the light of the modern welfare state. (15)

Unit 5: Separation of Powers and Checks and Balances

  1. State Montesquieu’s warning in your own words.
  2. What are the three claims bundled in the doctrine of separation of powers?
  3. Write short notes: (a) Federalist No. 47; (b) Marbury v. Madison; (c) Emergency as a checked power (Article 273); (d) Constitutional Council.
  4. Explain the doctrine of separation of powers. Why has no constitution adopted it in its pure form? (15)
  5. Distinguish separation of powers from checks and balances, illustrating each check with a constitutional provision of Nepal. (15)

Unit 6: Federal System

  1. Distinguish unitary from federal systems.
  2. Distinguish deconcentration, delegation and devolution.
  3. Write short notes: (a) Residual powers; (b) Cooperative federalism; (c) National Natural Resources and Fiscal Commission; (d) Article 56(5) special/autonomous regions.
  4. Define federalism and explain its types. Where does Nepal fit in the coming-together/holding-together classification? (15)
  5. Explain the essential features of a federal system with reference to the Constitution of Nepal (2015). (15)

Unit 7: Constitutional History of Nepal

  1. Write short notes: (a) Muluki Ain 1854; (b) Panchayat constitution; (c) Delhi Compromise; (d) 16-point agreement.
  2. State the constitutional meaning of the Kot Parva and the 2008 republic declaration.
  3. What was the 1980 referendum and what did it settle?
  4. Write an essay on the constitutional history of Nepal from the Muluki Ain to the Constitution of Nepal (2015). (15)
  5. Discuss the pre-constitutional norms and laws of Nepal. Why does the Muluki Ain matter to constitutional history despite not being a constitution? (10)

Unit 8: Salient Features of the Constitution of Nepal (2015)

  1. State any six salient features in brief.
  2. Write short notes: (a) Secularism in the 2015 Constitution; (b) The one-third women’s rule; (c) Article 47’s implementation duty; (d) The unamendable core.
  3. Which features answer the failures of the 1959 and 1962 constitutions respectively?
  4. Explain the salient features of the Constitution of Nepal (2015). (15)
  5. “The 2015 Constitution is the accumulated learning of Nepal’s seven constitutional documents.” Discuss with reference to at least five features. (15)

Unit 9: Fundamental Rights

  1. State the three generations of rights with examples.
  2. List the six freedoms under Article 17(2).
  3. Write short notes: (a) Five writs and their functions; (b) Right against untouchability; (c) Rights of women under Article 38; (d) Capital punishment bar.
  4. Trace the origin and development of fundamental rights from Magna Carta to the Constitution of Nepal (2015). (15)
  5. Describe the fundamental rights guaranteed by the Constitution of Nepal (2015), with article numbers. (15)

Unit 10: Directive Principles, Policies and Obligations of the State

  1. State Article 50’s four objectives.
  2. What is the legal effect of Article 55?
  3. Write short notes: (a) Harmonious construction; (b) Socialism-oriented economy; (c) Obligations of the state under Article 52; (d) Duties of citizens under Article 48.
  4. Explain the directive principles, policies and obligations of the state under the Constitution of Nepal (2015). (15)
  5. “Directive principles are non-justiciable, yet not meaningless.” Discuss with reference to the techniques of enforcement and the role of the judiciary. (15)

Unit 11: Federal Legislature

  1. State the composition formula of the two Houses.
  2. Write short notes: (a) Finance bill (Article 110); (b) Joint Committee; (c) One-third women’s rule; (d) Public Accounts Committee.
  3. List the ways a parliamentary seat falls vacant.
  4. Explain the composition of the House of Representatives and the National Assembly, with the terms of office of their members. (15)
  5. Describe the functions of the Federal Legislature. (15)

Unit 12: Federal Executive

  1. State Article 66(2)’s rule and list four express exceptions.
  2. Write short notes: (a) Caretaker government; (b) Ordinance power; (c) Two-term limit; (d) Collective responsibility.
  3. State the numbers of the formation ladder (30/55/25) and what each governs.
  4. Explain the constitutional role and powers of the President of Nepal. Is the President a mere figurehead? (15)
  5. Describe the formation of the Council of Ministers under Article 76, including the dissolution endgame. (15)

Unit 13: Judiciary

  1. State the qualifications for appointment as a Supreme Court justice.
  2. Write short notes: (a) Court of record; (b) Judicial Council; (c) 20/40/40 rule; (d) Review by a different bench.
  3. What are the grounds and majorities for impeachment of the Chief Justice?
  4. How does the Constitution of Nepal (2015) secure the independence of the judiciary? (15)
  5. Describe the structure of the judiciary and the machinery of judicial appointments (Judicial Council, Constitutional Council, Parliamentary Hearing). (15)

Unit 14: Principles of Constitutional Interpretation

  1. Define harmonious construction and give one Nepali application.
  2. Write short notes: (a) Direct and inevitable effect; (b) Pith and substance; (c) Presumption of constitutionality; (d) Review by a different bench.
  3. Distinguish fraud on the Constitution from colourable legislation.
  4. Explain the major doctrines of constitutional interpretation applied by the Supreme Court of Nepal, illustrating each. (15)
  5. “What the Constitution forbids directly cannot be done indirectly.” Discuss the doctrines of fraud on the Constitution and colourable legislation. (15)

Unit 15: Constitutional Provisions Regarding Political Parties

  1. What are the conditions for a political party’s registration?
  2. Write short notes: (a) One-third women’s rule; (b) Floor-crossing rule; (c) Closed-list inclusion groups; (d) Whip system.
  3. What restrictions does the Constitution place on what a party may stand for?
  4. Explain the constitutional provisions regarding political parties under the Constitution of Nepal (2015). (15)
  5. “Political parties are constitutional organs, not mere private associations.” Discuss with reference to Articles 74, 269 and 270. (15)

Unit 16: Provisions Regarding Amendment of Constitution

  1. State the thresholds: initiation, passage, certification.
  2. Which amendments require provincial consent, and what form does it take?
  3. Write short notes: (a) Unamendable core; (b) Kesavananda Bharati; (c) First amendment of 2015; (d) Dead-hand problem.
  4. Explain the procedure for amendment of the Constitution under Article 274, including the special role of the provincial assemblies. (15)
  5. What is the basic structure doctrine? Compare India’s judicial approach with Nepal’s express eternity clauses. (15)

Unit 17: Provisions Regarding Emergency Powers

  1. State the grounds of emergency declaration.
  2. Write short notes: (a) Written recommendation; (b) Three-month clock; (c) Bad-faith compensation; (d) Economic emergency.
  3. What happens to the House of Representatives’ term during emergency?
  4. Explain the provisions regarding emergency powers under the Constitution of Nepal (2015). (15)
  5. “Nepal’s 2015 emergency design is crisis power without crisis rights.” Discuss. (15)

Unit 18: Prescribed Cases

  1. State the citation and significance of Dhungel v. Godavari Marble.
  2. State the verified holdings of the 1995 dissolution case.
  3. Write short notes: (a) Tuladhar v. Rastriya Panchayat; (b) Lokendra Bahadur Oli; (c) Radheshyam Adhikari’s doctrinal family; (d) The Rio-Principle-10 triad in Gopal Siwakoti.
  4. Discuss the dissolution jurisprudence of the Supreme Court of Nepal with reference to the prescribed cases of 1994 and 1995, and their legacy in the 2015 Constitution. (15)
  5. Trace the development of environmental public-interest litigation in Nepal from Gopal Siwakoti to Surya Prasad Sharma Dhungel v. Godavari Marble. (15)

How to answer Constitutional Law questions well

  • Cite the article numbers of the Constitution of Nepal 2072 precisely — fundamental rights (Part 3), directive principles, federal structure — precision scores.
  • Quote landmark cases where relevant; a one-line ratio of a case strengthens any constitutional answer.
  • Compare constitutions when asked about features: always anchor the comparison in Nepal’s own constitutional history (1948 → 2015).
  • Structure long answers: constitutional provision → explanation → case/tension → conclusion.

Free resources before you buy anything

Start with the free Unit 1: Constitutional Law Unit 1 (free), or the B.A.LL.B. version: Constitutional History of Nepal (free). Unit 1 of every subject is free on this site; the complete notes packages (Rs 300 per semester/year, instant eSewa payment) covers the complete courses.

Leave a Comment

Your email address will not be published. Required fields are marked *

Powered by
Scroll to Top