Constitutional Law
Constitutional Law tests the Constitution of India, with emphasis on fundamental rights, writ jurisdiction and the federal structure.
Core
- Article 12 defines State for fundamental rights; Article 13 voids inconsistent laws.
- Article 14: equality before law and equal protection. Classification must be reasonable, based on intelligible differentia, with a rational nexus to the object.
- Article 19 freedoms, subject to reasonable restrictions.
- Article 21: life and personal liberty; procedure established by law, read as fair, just and reasonable procedure.
- Articles 32 and 226: habeas corpus, mandamus, prohibition, certiorari and quo warranto. Article 32 is a fundamental right; Article 226 is wider and discretionary.
- Article 368 amendment power; basic structure doctrine.
Worked example
A State law reserves all municipal college seats for local candidates. Reasoning: Article 14 permits classification, but residence-based reservation must have a rational nexus to the object and cannot be arbitrary. Without intelligible differentia and a nexus, the law is void. The court also asks whether the classification is backed by material.
Traps
- Treating Article 14 as requiring identical treatment.
- Invoking Article 32 against a private person.
- Confusing an ordinary statute with a constitutional amendment.
- Ignoring that Article 21 requires a valid law and fair procedure.