Constitutional and Administrative Law
This section tests the Constitution of India and general administrative law. Expect fundamental rights, writs, basic structure, services, property, natural justice and judicial review of administrative action.
Fundamental rights and writs
- Article 12 defines 'State'; Article 13 voids inconsistent laws.
- Article 14 permits reasonable classification with a rational nexus; Article 19 freedoms are subject to reasonable restrictions; Article 21 protects life and personal liberty with due process.
- Article 32 is a fundamental right to constitutional remedies; Article 226 is wider and territorial. Article 136 is discretionary special leave.
Basic structure and services
- Kesavananda Bharati holds that Parliament cannot destroy the basic structure.
- Article 311 protects civil servants from dismissal without inquiry; exceptions include conviction, impracticality and security of the State.
- Article 300A requires authority of law for deprivation of property.
Administrative law
- Natural justice requires an unbiased decision-maker and a fair hearing.
- Reasoned orders, proportionality, legitimate expectation and Wednesbury unreasonableness are grounds of review.
Worked example
A government servant is dismissed without inquiry, citing security of the State, but no material is placed on record. The order violates Article 311(2) because the exception requires recorded satisfaction based on material. The court quashes the dismissal, but reinstatement with back wages is not automatic; it depends on the facts and the court's discretion. Reasoning: Article 311 is a procedural safeguard, not a guarantee of reinstatement.
Traps
- Treating DPSPs as enforceable in court.
- Using Article 32 for ordinary legal rights outside fundamental rights.
- Treating a writ petition as a substitute for appeal.
- Assuming every private body is 'State' under Article 12.