Constitutional Law - Fundamental Rights, Courts, Writs and Service Law Basics
Part III architecture
Article 12 defines State; Article 13 gives judicial review of pre-constitutional and post-constitutional law. Article 14 forbids arbitrariness as well as unequal classification; Article 15 and Article 16 protect against discrimination and guarantee equality of opportunity. Article 19 freedoms carry reasonable restrictions; Article 20 covers retrospective punishment, double jeopardy and self-incrimination; Article 21, after Maneka Gandhi, carries due process and includes dignity, privacy (Puttaswamy), speedy trial and legal aid. Article 21A gives the right to education; Article 22 governs preventive detention; Articles 25 to 30 protect religion and minorities.
Writs
Article 32 confers a fundamental right to move the Supreme Court for five writs: habeas corpus, mandamus, prohibition, certiorari and quo warranto. Article 226 is wider since discretionary and available for other legal rights but is not itself a fundamental right. Article 227 is supervisory over tribunals. Article 136 is the special leave jurisdiction.
Framework doctrines
Basic structure doctrine (Kesavananda Bharati) limits amendment under Article 368. Article 141 makes Supreme Court law binding. Article 356 and judicial review of presidential action remain examined topics.
Service law basics
Articles 14 and 16 govern recruitment and promotion; natural justice applies to punitive action; Article 311 requires inquiry and reasonable opportunity; administrative tribunals under Article 323A.
Trap
Mandamus does not issue against a private person or to enforce a mere contractual obligation, and it does not lie where an alternative remedy is adequate.