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CLAT PG Constitutional Law (LLM) Syllabus

The PG Constitutional Law (LLM) syllabus for CLAT in full: 3 chapters, 9 topics and 12 sub-topics, every one listed below, plus 51 PG Constitutional Law (LLM) flashcards with answers.

3Chapters
9Topics
12Sub-topics
51Flashcards

PG Constitutional Law (LLM) syllabus: all 3 chapters

Expand any chapter to see its topics and sub-topics.

  1. Constitutional Framework

     3 topics
    • Preamble and Basic Structure
      • Kesavananda Bharati and basic structure doctrine
      • Evolution of unamendable features
    • Union and State Relations
      • Distribution of legislative powers
      • Doctrine of pith and substance
    • Emergency Provisions
      • National, State and financial emergency

  2. Fundamental Rights and Remedies

     3 topics
    • Right to Equality and Life
      • Article 14 reasonable classification
      • Expanding scope of Article 21
    • Freedoms under Article 19
      • Reasonable restrictions
    • Constitutional Remedies
      • Writ jurisdiction under Articles 32 and 226

  3. Judiciary and Governance

     3 topics
    • Judicial Review and Independence
      • Powers of constitutional courts
    • Directive Principles and Duties
      • Harmonisation with fundamental rights
    • Public Interest Litigation
      • Locus standi and judicial activism

CLAT PG Constitutional Law (LLM) flashcards — 51 questions with answers

  1. What is the Preamble of the Indian Constitution and is it a part of the Constitution?

    The Preamble is the introductory statement declaring the source, objectives, and date of adoption. In Kesavananda Bharati (1973), the Supreme Court held it IS a part of the Constitution and can be amended (overruling Berubari, 1960), but its basic features cannot be destroyed.

  2. Which words were added to the Preamble by the 42nd Amendment (1976)?

    'Socialist', 'Secular', and 'Integrity' were inserted, changing the description to 'Sovereign Socialist Secular Democratic Republic' and the unity phrase to 'unity and integrity of the Nation'.

  3. What is the 'Basic Structure Doctrine' and which case established it?

    It holds that Parliament's amending power under Article 368 cannot alter the essential/basic features of the Constitution. It was established in Kesavananda Bharati v. State of Kerala (1973).

  4. Name at least five features identified as part of the 'basic structure' of the Constitution.

    Supremacy of the Constitution, rule of law, separation of powers, judicial review, federalism, secularism, free and fair elections, independence of the judiciary, and the sovereign democratic republic character (illustrative, not exhaustive).

  5. How did Indira Nehru Gandhi v. Raj Narain (1975) apply the basic structure doctrine?

    The Court struck down Clause 4 of the 39th Amendment (which placed the PM's election beyond judicial scrutiny) as violating free and fair elections and judicial review—both basic features.

  6. What did Minerva Mills v. Union of India (1980) decide about Article 368?

    It struck down clauses (4) and (5) of Article 368 (added by the 42nd Amendment), holding that limited amending power and the balance between Fundamental Rights and Directive Principles are part of the basic structure.

  7. What is the nature of the Indian federal system as described by the Constitution and courts?

    It is 'quasi-federal' or a federation with a strong unitary bias—federal in normal times but unitary during emergencies. S.R. Bommai (1994) confirmed federalism as a basic feature.

  8. How is legislative power distributed between the Union and States?

    The Seventh Schedule contains three lists: List I (Union List), List II (State List), and List III (Concurrent List). Residuary powers belong to Parliament under Article 248.

  9. In case of a conflict between a Union and State law on a Concurrent List subject, which prevails?

    Under Article 254, the Union law prevails and the State law is void to the extent of repugnancy—unless the State law received the President's assent (then it prevails in that State).

  10. Under what circumstances can Parliament legislate on a State List subject?

    In the national interest via a Rajya Sabha resolution (Art. 249), during a National Emergency (Art. 250), when two or more States request it (Art. 252), to implement international treaties (Art. 253), and during President's Rule (Art. 356).

  11. What is the 'Doctrine of Pith and Substance' in Centre-State relations?

    When a law's true subject (pith and substance) falls within the enacting legislature's list, it is valid even if it incidentally encroaches on a subject in another list.

  12. What is the 'Doctrine of Colourable Legislation'?

    What cannot be done directly cannot be done indirectly; if a legislature lacks competence over a subject, it cannot disguise an ultra vires law as one within its power. Based on the maxim 'quando aliquid prohibetur ex directo, prohibetur et per obliquum'.

  13. What are the three types of emergency under the Indian Constitution?

    National Emergency (Art. 352), State Emergency/President's Rule (Art. 356), and Financial Emergency (Art. 360).

  14. On what grounds can a National Emergency be proclaimed under Article 352?

    On grounds of war, external aggression, or armed rebellion. After the 44th Amendment (1978), 'internal disturbance' was replaced by 'armed rebellion'.

  15. What procedural safeguards for a National Emergency were added by the 44th Amendment?

    Proclamation requires written Cabinet recommendation; must be approved by both Houses within one month by special majority; continues six months at a time; and can be revoked by a simple-majority Lok Sabha resolution.

  16. What is the effect of a National Emergency on the federal structure and fundamental rights?

    Parliament can legislate on State subjects; the Centre can direct States (Art. 250, 353); Article 19 freedoms are automatically suspended (for war/aggression); and other rights' enforcement may be suspended under Art. 359 (except Arts. 20 and 21 after the 44th Amendment).

  17. What is President's Rule and on what ground is it imposed?

    Under Article 356, the President may assume State government functions when the State's governance cannot be carried on in accordance with the Constitution (failure of constitutional machinery).

  18. What did S.R. Bommai v. Union of India (1994) hold about Article 356?

    A proclamation under Art. 356 is subject to judicial review; the floor of the House is the only test of majority; the proclamation needs parliamentary approval before dissolving the Assembly; and federalism and secularism are basic features.

  19. What is a Financial Emergency and what are its effects (Article 360)?

    Imposed when India's financial stability or credit is threatened. The Centre can direct States on financial matters, reduce salaries of government servants including judges, and reserve State Money Bills for the President. It has never been invoked.

  20. What does Article 14 guarantee?

    Equality before the law (a negative concept of British origin) and equal protection of the laws (a positive concept of US origin) to all persons within India's territory.

Show the other 31 PG Constitutional Law (LLM) flashcards

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

    Classification is valid if it satisfies: (1) intelligible differentia distinguishing grouped persons from others, and (2) a rational nexus between the differentia and the object sought to be achieved by the law.

  2. What is the doctrine of 'non-arbitrariness' under Article 14 (E.P. Royappa)?

    E.P. Royappa v. State of Tamil Nadu (1974) held that equality is antithetical to arbitrariness; any arbitrary State action violates Article 14, expanding it beyond mere classification.

  3. What do Articles 15 and 16 provide regarding equality?

    Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth (with provisions for special measures). Article 16 guarantees equality of opportunity in public employment, permitting reservations for backward classes.

  4. What is the 50% ceiling on reservations and which case set it?

    Indra Sawhney v. Union of India (1992) capped total reservations at 50% (barring extraordinary circumstances), upheld OBC reservation, and excluded the 'creamy layer' from OBC benefits.

  5. What rights does Article 21 guarantee?

    No person shall be deprived of life or personal liberty except according to procedure established by law. It protects the right to life and personal liberty for all persons.

  6. How did Maneka Gandhi v. Union of India (1978) expand Article 21?

    It held that 'procedure established by law' must be just, fair, and reasonable (not arbitrary), linking Articles 14, 19, and 21 together (the 'Golden Triangle').

  7. Name five rights judicially read into Article 21.

    Right to a clean environment, right to livelihood, right to privacy, right to a speedy trial, right to legal aid, right to dignity, right to education, right to health, and right against custodial torture (illustrative).

  8. Which case recognised the right to privacy as a fundamental right under Article 21?

    Justice K.S. Puttaswamy v. Union of India (2017), a nine-judge bench, unanimously held privacy is intrinsic to life and personal liberty under Article 21 (overruling ADM Jabalpur and M.P. Sharma/Kharak Singh on this point).

  9. What is Article 21A and which amendment introduced it?

    Article 21A guarantees free and compulsory education to children aged 6-14 as a fundamental right; it was inserted by the 86th Constitutional Amendment (2002).

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

    (a) Speech and expression, (b) assembly peacefully without arms, (c) form associations/unions, (d) move freely throughout India, (e) reside and settle anywhere, and (g) practise any profession/carry on trade. [Sub-clause (f), right to property, was deleted by the 44th Amendment.]

  11. On what grounds can the State restrict freedom of speech under Article 19(2)?

    Sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation, and incitement to an offence.

  12. What is the test for restricting freedoms under Article 19?

    Restrictions must be 'reasonable' and imposed by law; courts assess reasonableness considering proportionality, the nature of the right, and the purpose—balancing individual liberty and social control.

  13. What did Shreya Singhal v. Union of India (2015) decide?

    It struck down Section 66A of the IT Act as unconstitutional for violating Article 19(1)(a), being vague and overbroad, distinguishing advocacy from incitement.

  14. Which freedom did the Supreme Court hold includes the 'right to know' and freedom of the press?

    Freedom of speech and expression under Article 19(1)(a) impliedly includes freedom of the press and the right to receive information, though neither is expressly mentioned.

  15. What is the difference between Article 19 and Article 21 protections regarding citizenship?

    Article 19 freedoms are available only to citizens of India, whereas Article 21 (life and personal liberty) is available to all persons, including foreigners.

  16. What are the writs available under Articles 32 and 226?

    Five writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.

  17. What is the writ of Habeas Corpus?

    Literally 'to have the body'; it commands a person detaining another to produce the detainee before the court to test the legality of the detention. It lies against both State and private individuals.

  18. Distinguish the writs of Prohibition and Certiorari.

    Both lie against judicial/quasi-judicial bodies. Prohibition is preventive—issued during proceedings to stop excess of jurisdiction. Certiorari is curative—issued after a decision to quash an order made without/in excess of jurisdiction or with an error of law.

  19. What is the writ of Mandamus and against whom does it lie?

    Mandamus ('we command') directs a public authority to perform a public/statutory duty it has failed to perform. It does not lie against a private individual, the President/Governor, or to enforce a discretionary duty.

  20. What is the writ of Quo Warranto?

    It ('by what authority') challenges a person's legal right to hold a public office, calling on them to show by what authority they occupy it; any person may apply, not only an aggrieved party.

  21. How do Article 32 and Article 226 differ in scope?

    Article 32 (a fundamental right itself) lies only before the Supreme Court and only for enforcing fundamental rights. Article 226 empowers High Courts to issue writs for fundamental rights AND any other legal right, giving it wider scope.

  22. Why did Dr. B.R. Ambedkar call Article 32 the 'heart and soul' of the Constitution?

    Because it makes the right to constitutional remedies itself a fundamental right, guaranteeing the Supreme Court as the protector and guarantor of all other fundamental rights; it is part of the basic structure and cannot be suspended except as provided.

  23. What is the doctrine of judicial review in the Indian Constitution?

    The power of courts to examine the constitutionality of legislative enactments and executive actions and to declare them void if they violate the Constitution. It flows from Articles 13, 32, 131-136, and 226, and is a basic feature.

  24. What does Article 13 provide regarding judicial review?

    Laws inconsistent with or in derogation of fundamental rights are void; the State shall not make any law abridging fundamental rights. 'Law' includes ordinances, orders, bye-laws, rules, customs, and usages.

  25. What constitutional provisions secure the independence of the judiciary?

    Security of tenure and fixed retirement age, salaries charged on the Consolidated Fund, removal only by impeachment, restriction on discussing judges' conduct in legislature, ban on post-retirement practice (SC judges), and separation of judiciary from executive (Art. 50).

  26. What is the 'Collegium System' for the appointment of judges?

    A judge-led system (evolved through the Second and Third Judges Cases, 1993 & 1998) where the CJI and senior-most Supreme Court judges recommend appointments and transfers of judges, giving primacy to the judiciary. The NJAC (99th Amendment) was struck down in 2015.

  27. What is the procedure to remove a Supreme Court/High Court judge?

    Under Article 124(4), removal requires a motion passed by each House by a majority of total membership AND a two-thirds majority of members present and voting, on grounds of proved misbehaviour or incapacity, in the same session, followed by a presidential order.

  28. What are the Directive Principles of State Policy and are they enforceable?

    Contained in Part IV (Articles 36-51), they are guidelines for the State in making laws to achieve social and economic justice. Under Article 37, they are non-justiciable (not enforceable by courts) but fundamental in governance.

  29. How are conflicts between Fundamental Rights and Directive Principles resolved?

    Earlier FRs prevailed (Champakam Dorairajan, 1951). Minerva Mills (1980) held both must be balanced/harmonised, as the balance is part of the basic structure; neither has absolute primacy over the other.

  30. What are Fundamental Duties and which amendment added them?

    Contained in Article 51A (Part IVA), they are eleven duties of citizens (originally ten) added by the 42nd Amendment (1976) on the Swaran Singh Committee's recommendation; the 11th (duty of parents/guardians to provide education) was added by the 86th Amendment. They are non-justiciable.

  31. What is Public Interest Litigation (PIL) and who pioneered it in India?

    PIL allows any public-spirited person to approach the court on behalf of those unable to do so themselves, relaxing the rule of locus standi. It was pioneered in India by Justices P.N. Bhagwati and V.R. Krishna Iyer in the late 1970s-1980s.

CLAT PG Constitutional Law (LLM) FAQ

What is in the CLAT PG Constitutional Law (LLM) syllabus?

CLAT PG Constitutional Law (LLM) is split into 3 chapters: Constitutional Framework, Fundamental Rights and Remedies and Judiciary and Governance. Together they contain 9 topics and 12 sub-topics.

How many chapters are in CLAT PG Constitutional Law (LLM)?

3 chapters, containing 9 topics and 12 sub-topics. The largest chapter is Constitutional Framework, with 3 topics.

Are there flashcards for CLAT PG Constitutional Law (LLM)?

Yes — a 51-card PG Constitutional Law (LLM) deck, printed in full in the flashcards section of this page and available in the Examius app with spaced repetition. The free plan covers one exam of your choice, including its flashcards; Examius Pro, a one-time purchase, unlocks every other exam and deck.