Constitution of India
What the exam tests
Constitutional questions test the discipline of Article 14 classification, the width of Article 21, the reach of writ jurisdiction, and the distribution of power between the Union, the States and the judiciary. Precision about which writ lies against whom earns the marks.
Core rules
- Article 14 forbids class legislation but permits reasonable classification founded on an intelligible differentia with a rational nexus to the object.
- Article 19 guarantees six freedoms, each subject to the specific restriction clause in clauses 2 to 6; reasonableness is judged on the nature of the right and the object of the restriction.
- Article 20(1) bars retrospective criminal law, Article 20(2) double jeopardy, Article 20(3) compelled self-incrimination, which protects only an accused.
- Article 21, after Maneka Gandhi, includes procedural fairness and substantive due process; Article 21A guarantees free elementary education.
- Article 32 issues five writs against State authorities; Article 226 is wider, available for legal rights and against persons performing public functions; Article 227 confers superintendence over subordinate courts.
- Article 233 governs appointment of district judges, Article 235 control over subordinate courts, Article 141 makes Supreme Court law binding, and Article 368 permits amendment subject to the basic structure doctrine of Kesavananda Bharati.
Worked example
A candidate denied a certificate of eligibility by a statutory authority that has failed to decide her application for two years seeks a writ. Mandamus lies under Article 226 to compel performance of a public duty, but not to enforce a private contract, and the High Court may also issue it where no alternate remedy is adequate.
Traps
Invoking Article 32 against a purely private party; assuming Article 14 prohibits every classification; and treating Article 226 as identical to Article 32 in scope, forgetting that Article 226 reaches legal rights beyond fundamental rights.