CS Executive JIGL study materials
CS Executive JIGL study resources

CS Executive JIGL: Constitution of India: Rights, Writs, DPSPs and Basic Structure

CS Executive JIGL · Work through your exam, one topic at a time.

All guide sections

Constitution of India: Rights, Writs, DPSPs and Basic Structure

This domain tests Fundamental Rights, writ remedies, directive principles, amendment procedure and the basic structure doctrine. Expect classification problems under Article 14 and fairness questions under Article 21.

Rights framework

Part III rights operate against the State; Article 12 covers government, Parliament, local authorities and "other authorities" (broadly, instrumentalities). Article 13 voids inconsistent law. Article 14 combines equality before law with equal protection: classification is permitted only on intelligible differentia having a rational nexus to the object. Article 19 freedoms carry reasonable restrictions; Article 21 now includes due process, privacy (Puttaswamy) and dignity.

Writs

Article 32 (Supreme Court) and Article 226 (High Court) issue habeas corpus, mandamus, prohibition, certiorari and quo warranto. Article 32 is itself a fundamental right; Article 226 is discretionary and wider in scope.

DPSPs and duties

Part IV principles are non-justiciable (Article 37) but inform interpretation. Fundamental duties appear in Article 51A.

Amendment

Article 368 requires a special majority, plus ratification by half the States for federal provisions. Kesavananda Bharati holds that Parliament cannot destroy the basic structure - supremacy of the Constitution, secularism, judicial review, free and fair elections.

Worked example

A rule reserves all government medical seats for residents of one district. Residence supplies an intelligible differentia, but there is no rational nexus with the object of selecting competent doctors. The classification fails Article 14 unless saved by the special provisions in Articles 15(3)-(5) or 16(3).

Traps

DPSPs cannot override fundamental rights; a writ against a private body lies only where it performs a public function; Articles 352-360 modify enforcement of Articles 19 and 32 during emergencies; "law" in Article 13 includes ordinances, orders, bye-laws and rules.