Constitutional Law and Administrative Law
Constitutional Law and Administrative Law tests fundamental rights, writ jurisdiction, constitutional interpretation and control of administrative action. WBJS questions often combine a constitutional provision with an administrative order.
Fundamental rights
Article 12 defines “State”; Article 13 makes inconsistent pre-constitutional and post-constitutional laws void. Article 14 permits reasonable classification based on intelligible differentia and rational nexus, and also bars arbitrariness. Article 19 freedoms are subject to reasonable restrictions. Article 21 includes due process, dignity, privacy and fair procedure. Articles 32 and 226 provide writ remedies.
Constitutional structure
Directive principles guide governance but are not directly enforceable. Article 368 amendment power is subject to the basic structure doctrine. Federalism, emergency provisions and judicial review are recurring themes.
Administrative law
Natural justice requires audi alteram partem and nemo judex in causa sua. Delegated legislation must be within the parent Act. Judicial review examines illegality, irrationality and procedural impropriety, not merits. Tribunals and statutory authorities must act reasonably and give reasons.
Worked example
A licence is cancelled without notice or hearing. The licensee may move under Article 226. The order violates natural justice. An alternative remedy is not an absolute bar where there is a breach of natural justice or lack of jurisdiction.
Traps
Do not treat Article 32 and Article 226 as identical. Do not strike down policy merely because it is unwise. Do not apply Article 14 without the classification test. Do not ignore the basic structure limitation on amendment.