Constitutional Law
Constitutional Law tests the structure of the Constitution, fundamental rights, remedies and the distribution of power. Expect Articles 12 to 35, Articles 32 and 226, the basic structure doctrine and the special provisions for Andhra Pradesh.
Fundamental rights
- Article 12 defines the State; Article 13 makes inconsistent pre-constitutional and post-constitutional laws void.
- Article 14: equality before law and equal protection; classification must rest on intelligible differentia with a rational nexus to the object.
- Article 19 freedoms carry reasonable restrictions; Article 21 includes due process, privacy, dignity and a clean environment; Article 21A is the right to education.
- Articles 20, 22 and 25 protect against retrospective punishment, double jeopardy and self-incrimination, arrest safeguards and religious freedom.
Remedies and principles
- Article 32 is a fundamental right to constitutional remedies; Article 226 is wider and can issue writs for any legal right.
- Writs: habeas corpus, mandamus, prohibition, certiorari and quo warranto.
- DPSPs (Articles 36-51) are not enforceable but guide interpretation; Article 51A lists fundamental duties.
Amendment and structure
- Article 368 permits amendment, but the basic structure cannot be destroyed: Kesavananda Bharati v. State of Kerala (1973).
AP-specific
- Article 371D provides equitable opportunities in public employment and education in Andhra Pradesh (now shared with Telangana) and supports an Administrative Tribunal; Article 371E covers a central university.
Worked example
A rule reserving posts only for candidates born in a district. Under Article 14 the classification is based on residence, not on an intelligible differentia connected to efficiency; it fails unless justified as a special provision under Article 15(4) or 371D.
Traps
Article 32 cannot be invoked for an ordinary legal right; mandamus does not lie against a private person; DPSPs do not override fundamental rights.