Professional Knowledge: Constitutional Law and Administrative Law
Scope
Constitutional and Administrative Law tests the Constitution's structure, fundamental rights, directive principles, writs, federalism, emergency provisions, amendments and principles of administrative law such as natural justice and judicial review.
Core rules
- Fundamental rights are enforceable under Articles 32 and 226. Article 32 is a constitutional remedy before the Supreme Court; Article 226 gives High Courts wider writ jurisdiction.
- Article 14 permits reasonable classification based on intelligible differentia and a rational nexus with the object.
- Article 21 protects life and personal liberty; procedure must be fair, just and reasonable.
- Administrative law controls delegated legislation and administrative action. Natural justice requires a hearing and an unbiased decision-maker.
- The basic structure doctrine limits constitutional amendments that destroy essential features.
Worked example
A state law reserves all government jobs for local candidates and excludes all others. This is likely violative of Article 14 and Article 16 because the classification is not reasonable and has no rational nexus with efficiency. A mere residency preference may be permissible if narrowly tailored.
Traps
Confusing Article 32 with Article 226; treating directive principles as directly enforceable; and assuming every classification is discrimination.