Constitution: Structure, Principles and Judicial Interpretation
Core concepts to master
The written Constitution of 1972, as amended, is the supreme law. A candidate must know its preamble ideals (nationalism, socialism, democracy, secularism as originally framed), the four fundamental principles, and the basic structure doctrine as articulated in judicial reasoning. Learn the distribution of powers: Article 7 supremacy, Article 26 inconsistency of laws with fundamental rights, Article 44 enforcement, Article 102 writ jurisdiction of the High Court Division, and Article 108 advisory jurisdiction. Know the amendment procedure under Article 142 (two-thirds of total membership), and the distinction between rigid and flexible features.
Fundamental rights traps
Questions often test whether a right is absolute. Most rights carry reasonable-restriction clauses; Article 33 (arrest and detention) and Article 41 (religion) are frequent traps. Remember that Article 27 (equality before law) and Article 28 (non-discrimination) are separate provisions, and Article 29 concerns public employment. Article 47 and 47A protect certain laws from challenge. Article 31 (protection of law) is often confused with Article 32 (right to life and personal liberty).
Institutions and interpretation
Know the composition and removal of the President, the Prime Minister's accountability to Parliament, Article 70 (party loyalty in voting), Article 55 (collective responsibility), and Article 141A (ordinance power). Judicial review is not explicitly named but flows from Articles 102 and 7. The basic structure doctrine, developed in appellate reasoning, limits amendments that destroy fundamental features.
Worked rule of thumb
When a question asks whether a statute is void, apply a three-step test: (1) Is the statute inconsistent with a fundamental right? (2) If yes, does a reasonable-restriction clause in that Article save it? (3) Is the restriction proportionate and lawful? If step 3 fails, the statute is void to the extent of inconsistency under Article 26.
Exam technique
Quote article numbers only when confident; otherwise describe the principle. Distinguish 'void' from 'inoperative' and 'ab initio' from 'prospective'.