CLAT PG Constitutional Law Syllabus

Constitutional Law syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Constitutional Law in CLAT PG, not a summary of it.

1. 1

   General Principles

   1 topic

   • Scope and Nature of Fundamental Rights
2. 2

   Specific Rights

   6 topics

   • Right to Equality
   • Right to Freedom
   • Right Against Exploitation
   • Right to Freedom of Religion
   • Cultural and Educational Rights
   • Right to Constitutional Remedies
3. 3

   Directive Principles of State Policy

   3 topics

   • Social and Economic Charter
   • Social Security Charter
   • Community Welfare Charter
4. 4

   Union and State Executive

   4 topics

   • President and Vice-President
     • Powers and Functions
   • Governor
     • Powers and Functions
   • Council of Ministers
     • Appointment and Functions
   • Attorney General and Advocate General
     • Powers and Functions
5. 5

   Union and State Legislature

   2 topics

   • Parliament
     • Composition and Functions
     • Legislative Procedure
     • Privileges and Powers
   • State Legislatures
     • Composition and Functions
     • Legislative Procedure
6. 6

   Judiciary

   3 topics

   • Supreme Court
     • Jurisdiction and Powers
   • High Courts
     • Jurisdiction and Powers
   • Subordinate Courts
     • Structure and Functions

Constitutional Law flashcards for CLAT PG

24 of 50 cards from the Constitutional Law deck — real questions with worked answers.

1. What is the Preamble of the Indian Constitution and is it enforceable in a court of law?

   The Preamble is the introductory statement declaring the Constitution's source of authority (We, the People), the nature of the State (Sovereign, Socialist, Secular, Democratic, Republic), and its objectives (Justice, Liberty, Equality, Fraternity). It is non-justiciable (not enforceable in court) but is part of the Constitution and aids in interpretation.

2. Which words were added to the Preamble by the 42nd Amendment Act, 1976?

   The words 'Socialist', 'Secular', and 'Integrity' were added by the 42nd Amendment Act, 1976. The Preamble's description became 'Sovereign Socialist Secular Democratic Republic' and 'unity and integrity of the Nation'.

3. Can the Preamble be amended, and which case settled this?

   Yes, the Preamble can be amended under Article 368, but its basic structure cannot be altered. This was settled in Kesavananda Bharati v. State of Kerala (1973), which overruled Berubari Union (1960) that had held the Preamble was not part of the Constitution.

4. What is the nature of the Indian Constitution regarding federalism?

   The Indian Constitution is quasi-federal (federal in form, unitary in spirit). It has federal features (dual government, division of powers, written/rigid constitution, independent judiciary) and unitary features (strong Centre, single citizenship, all-India services, emergency provisions, single Constitution). The Supreme Court in S.R. Bommai called it 'federal with a strong centralizing tendency.'

5. Is the Indian Constitution rigid or flexible?

   It is partly rigid and partly flexible. Some provisions can be amended by a simple majority, some by a special majority of Parliament, and some by a special majority plus ratification by half the state legislatures.

6. What do Articles 1 to 4 of the Indian Constitution deal with?

   Articles 1-4 deal with the Union and its Territory: Article 1 (Name and territory of the Union - 'India, that is Bharat, shall be a Union of States'), Article 2 (admission/establishment of new states), Article 3 (formation of new states and alteration of areas/boundaries/names), and Article 4 (consequential provisions for laws under Articles 2 and 3).

7. What is the procedure to form a new state or alter state boundaries under Article 3?

   A Bill can be introduced in either House of Parliament only on the recommendation of the President. The President must refer the Bill to the concerned state legislature for its views within a specified period, but Parliament is NOT bound by those views. The Bill is then passed by a simple majority.

8. What is the difference between the 'territory of India' and the 'Union of States'?

   The 'territory of India' (Article 1) is wider and includes: (i) territories of the States, (ii) Union Territories, and (iii) territories that may be acquired. The 'Union of States' is narrower and includes only the States that are members of the federation sharing power; UTs and acquired territories are not members of the Union.

9. What are the types of citizenship recognized in India and which articles govern citizenship?

   India has single citizenship (one citizenship for the whole country, no separate state citizenship). Citizenship is dealt with under Articles 5-11 of the Constitution, and detailed provisions are in the Citizenship Act, 1955. Article 11 empowers Parliament to regulate citizenship by law.

10. What are the five modes of acquiring citizenship under the Citizenship Act, 1955?

    Citizenship can be acquired by: (1) Birth, (2) Descent, (3) Registration, (4) Naturalisation, and (5) Incorporation of territory.

11. What is the definition of 'State' under Article 12?

    Under Article 12, 'the State' includes: (i) the Government and Parliament of India, (ii) the Government and Legislature of each State, (iii) all local authorities (municipalities, panchayats, etc.), and (iv) other authorities within the territory of India or under the control of the Government of India.

12. What does Article 13 provide regarding laws inconsistent with Fundamental Rights?

    Article 13 declares that any law inconsistent with or in derogation of Fundamental Rights shall be void to the extent of the inconsistency. It provides for judicial review of laws. Article 13(2) bars the State from making laws that take away or abridge Fundamental Rights.

13. What is the Doctrine of Eclipse under Article 13?

    The Doctrine of Eclipse states that a pre-Constitutional law inconsistent with Fundamental Rights is not dead but only dormant (eclipsed) and inoperative against citizens. If the inconsistent Fundamental Right is later amended/removed, the eclipse is lifted and the law becomes operative again. (Bhikaji Narain Dhakras v. State of M.P.)

14. What is the Doctrine of Severability under Article 13?

    The Doctrine of Severability means that when only a part of a law is unconstitutional (violates Fundamental Rights), only that offending part is struck down and declared void, while the valid part remains enforceable if it can stand independently. (A.K. Gopalan v. State of Madras)

15. What does the Right to Equality under Article 14 guarantee?

    Article 14 guarantees 'equality before the law' (negative concept, British origin, absence of special privileges) and 'equal protection of the laws' (positive concept, American origin, equal treatment under equal circumstances). It permits reasonable classification but prohibits class legislation and arbitrariness.

16. What is the test of 'reasonable classification' under Article 14?

    Classification is permissible if it satisfies two conditions: (1) it must be founded on an intelligible differentia distinguishing those grouped together from those left out, and (2) the differentia must have a rational nexus to the object sought to be achieved by the law.

17. What do Articles 15 and 16 prohibit, and what is the key difference between them?

    Article 15 prohibits discrimination by the State against any citizen on grounds only of religion, race, caste, sex, or place of birth (general). Article 16 guarantees equality of opportunity in matters of public employment, prohibiting discrimination on those grounds plus descent and residence (specific to State employment).

18. What do Articles 17 and 18 of the Constitution provide?

    Article 17 abolishes 'untouchability' and forbids its practice in any form (its enforcement is an offence punishable by law). Article 18 abolishes titles, prohibiting the State from conferring titles (except military and academic distinctions) and barring citizens from accepting titles from foreign states.

19. What are the six freedoms guaranteed under Article 19(1)?

    Article 19(1) guarantees six freedoms to citizens: (a) speech and expression, (b) assemble peaceably and without arms, (c) form associations or unions/cooperative societies, (d) move freely throughout India, (e) reside and settle in any part of India, and (g) practise any profession or carry on any occupation, trade, or business. (Sub-clause (f), right to property, was deleted by the 44th Amendment, 1978.)

20. What rights does Article 21 guarantee and how did Maneka Gandhi expand it?

    Article 21 guarantees that no person shall be deprived of life or personal liberty except according to procedure established by law. Maneka Gandhi v. Union of India (1978) held that the procedure must be just, fair, and reasonable (not arbitrary), effectively reading 'due process' into Article 21 and linking Articles 14, 19, and 21 (the 'golden triangle').

21. What does Article 20 protect, and what are its three protections?

    Article 20 protects against conviction for offences. Its three protections are: (1) No ex-post-facto law (no retrospective criminal liability/enhanced penalty), (2) No double jeopardy (no prosecution and punishment for the same offence more than once), and (3) No self-incrimination (no person accused can be compelled to be a witness against himself). Article 20 cannot be suspended even during an emergency.

22. What rights does Article 22 provide to arrested persons, and to whom do they not apply?

    Article 22 provides: right to be informed of grounds of arrest, right to consult and be defended by a legal practitioner, and right to be produced before a magistrate within 24 hours. These protections do NOT apply to enemy aliens and persons detained under preventive detention laws (which have separate safeguards).

23. What does Article 23 prohibit?

    Article 23 prohibits traffic in human beings, begar (forced labour without payment), and other similar forms of forced labour. Any contravention is an offence punishable by law. It protects both citizens and non-citizens against the State and private individuals.

24. What does Article 24 of the Constitution prohibit?

    Article 24 prohibits the employment of children below the age of 14 years in any factory, mine, or other hazardous employment. It is part of the Right against Exploitation.

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