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Civil Judge Prelims: Constitution of India

Civil Judge Prelims · Work through your exam, one topic at a time.

All guide sections

Constitution of India

What the exam tests

Constitutional law questions test Articles, doctrines and leading cases, especially fundamental rights, writs, federalism and amendments.

Core rules

  • Article 12 defines 'State' for Part III; Article 13 makes laws inconsistent with fundamental rights void.
  • Article 14 forbids class legislation but permits reasonable classification: intelligible differentia plus rational nexus to the object.
  • Article 19 freedoms are subject to reasonable restrictions; Article 21 protects life and personal liberty and has been expanded to privacy, dignity, livelihood and a clean environment.
  • Article 32 is itself a fundamental right; Article 226 gives High Courts wider writ jurisdiction.
  • Article 368 amendment power is subject to the basic structure doctrine (Kesavananda Bharati).
  • DPSPs are not enforceable but guide interpretation; Article 21A makes elementary education a fundamental right.

Worked example

A state law reserves all government jobs for residents of the state. A non-resident challenges it under Article 14 and Article 16. The court asks whether residence is an intelligible differentia and whether it has a rational nexus with the object of efficient administration. Domicile-based reservation may be valid for some posts if justified, but a blanket exclusion is likely to fail because it is overbroad and denies equality of opportunity. Reasoning: classification must be reasonable, not arbitrary.

Traps

Article 32 cannot be used against private persons. Article 226 is not limited to fundamental rights. DPSPs cannot override fundamental rights. The basic structure doctrine limits amendment, not ordinary legislation. Emergency provisions do not suspend Articles 20 and 21.