Delhi Judicial Services Exam Constitution of India & Constitutional Law Syllabus

Constitution of India & 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 Constitution of India & Constitutional Law in Delhi Judicial Services Exam, not a summary of it.

1. 1

   Foundations & Preamble

   4 topics

   • Nature of the Indian Constitution
     • Federal vs unitary features
     • Quasi-federal character and cooperative federalism
     • Parliamentary form of government
   • Preamble
     • Objectives: sovereign, socialist, secular, democratic, republic
     • Whether part of the Constitution (Berubari, Kesavananda)
     • Amendability of the Preamble
   • Sources and historical evolution
     • Government of India Act 1935 influence
     • Constituent Assembly and drafting
   • Citizenship
     • Articles 5 to 11
     • Citizenship Act 1955 and amendments
2. 2

   Fundamental Rights

   6 topics

   • Definition of State and justiciability (Articles 12 and 13)
     • Instrumentality and agency test
     • Doctrine of eclipse and severability
     • Waiver of fundamental rights
   • Right to Equality (Articles 14 to 18)
     • Reasonable classification and arbitrariness
     • Reservation and Articles 15(4), 16(4)
     • Abolition of untouchability and titles
   • Freedoms under Article 19
     • Six freedoms and reasonable restrictions
     • Free speech and the press
   • Protection in respect of conviction and life (Articles 20 to 22)
     • Article 21 expansion: Maneka Gandhi line
     • Due process and personal liberty
     • Preventive detention safeguards
   • Right against exploitation and religious freedom (Articles 23 to 28)
     • Forced labour and trafficking
     • Essential religious practices doctrine
   • Cultural, educational and constitutional remedies (Articles 29 to 32)
     • Writs: habeas corpus, mandamus, certiorari, prohibition, quo warranto
     • Article 32 as a fundamental right
3. 3

   Directive Principles, Duties & Basic Structure

   4 topics

   • Directive Principles of State Policy (Part IV)
     • Classification of directives
     • Conflict and harmony with Fundamental Rights
   • Fundamental Duties (Article 51A)
   • Basic Structure doctrine
     • Kesavananda Bharati
     • Minerva Mills and Waman Rao
     • Identified basic features
   • Constitutional amendment (Article 368)
     • Procedure and limitations
     • Scope of amending power
4. 4

   Union & State Government

   4 topics

   • Executive: President, Governor, Council of Ministers
     • Powers, discretion and aid and advice
     • Ordinance-making power
     • Pardoning power (Articles 72 and 161)
   • Legislature: Parliament and State Legislatures
     • Legislative procedure and money bills
     • Privileges and anti-defection (Tenth Schedule)
   • Judiciary
     • Supreme Court and High Courts jurisdiction
     • Judicial review and independence
     • Appointment of judges and collegium
   • Special status of Delhi
     • Article 239AA and GNCTD
     • Distribution of powers: NCT vs Union
5. 5

   Centre-State Relations & Emergency

   4 topics

   • Legislative relations and Seventh Schedule
     • Union, State and Concurrent Lists
     • Doctrine of pith and substance
     • Doctrine of repugnancy (Article 254)
   • Administrative and financial relations
   • Emergency provisions
     • National emergency (Article 352)
     • President's rule (Article 356)
     • Financial emergency (Article 360)
   • Services, tribunals and special provisions
     • Article 311 protections
     • Administrative tribunals (Article 323A)

Constitution of India & Constitutional Law flashcards for Delhi Judicial Services Exam

24 of 53 cards from the Constitution of India & Constitutional Law deck — real questions with worked answers.

1. Is the Indian Constitution rigid or flexible, and why is it described as a blend of both?

   It is partly rigid and partly flexible. Some provisions can be amended by a simple majority, others need a special majority (two-thirds), and some require a special majority plus ratification by at least half the state legislatures, making it a unique blend of rigidity and flexibility.

2. Why is the Indian Constitution called 'quasi-federal' rather than purely federal?

   Because it has federal features (dual government, division of powers, written and rigid constitution, independent judiciary) but with a strong unitary bias (single citizenship, all-India services, emergency provisions, Centre's power to reorganise states), so K.C. Wheare called it 'quasi-federal'.

3. What does the Preamble of the Indian Constitution declare India to be (the four key descriptive words)?

   A Sovereign, Socialist, Secular, Democratic Republic. 'Socialist' and 'Secular' (and 'Integrity') were added by the 42nd Amendment, 1976.

4. What four objectives does the Preamble secure to all citizens of India?

   Justice (social, economic, political); Liberty (of thought, expression, belief, faith and worship); Equality (of status and opportunity); and Fraternity (assuring the dignity of the individual and the unity and integrity of the nation).

5. Is the Preamble a part of the Constitution and can it be amended? Which case settled this?

   Yes. In Kesavananda Bharati (1973) the Supreme Court held the Preamble is part of the Constitution and can be amended under Article 368, but its basic structure cannot be destroyed.

6. What was the single most important source of the Indian Constitution's structural and administrative provisions?

   The Government of India Act, 1935, which provided the framework for federal structure, office of Governor, emergency provisions, and public service commissions.

7. From which countries did India borrow: Fundamental Rights, Directive Principles, and the parliamentary system?

   Fundamental Rights from the USA, Directive Principles of State Policy from Ireland, and the parliamentary form of government from the United Kingdom.

8. Which Articles of the Constitution deal with citizenship, and what does the Constitution itself provide on it?

   Articles 5 to 11. The Constitution identifies who were citizens at its commencement (Articles 5-8) but leaves acquisition and termination of citizenship to be regulated by Parliament (Article 11), which enacted the Citizenship Act, 1955.

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

   By birth, by descent, by registration, by naturalisation, and by incorporation of territory.

10. How is the term 'State' defined in Article 12 for the purpose of Fundamental Rights?

    State includes the Government and Parliament of India, the Government and Legislature of each State, and all local or other authorities within India or under the control of the Government of India.

11. What does Article 13 declare about laws inconsistent with Fundamental Rights?

    Article 13 declares that any law (pre- or post-constitutional) inconsistent with or in derogation of Fundamental Rights shall, to the extent of such inconsistency, be void. It is the basis for judicial review.

12. What is the difference between the doctrine of eclipse and the doctrine of severability under Article 13?

    Doctrine of eclipse: a pre-constitutional law inconsistent with FRs is not dead but dormant/overshadowed and revives if the inconsistency is removed. Doctrine of severability: only the offending part of a law is struck down, leaving the valid portion operative.

13. What guarantee does Article 14 provide and what are its two limbs?

    Article 14 guarantees equality before the law (a negative concept of equal subjection, borrowed from England) and equal protection of the laws (a positive concept of equal treatment in equal circumstances, from the USA).

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

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

15. What does Article 15 prohibit and on what grounds?

    Article 15 prohibits discrimination by the State against any citizen only on grounds of religion, race, caste, sex, or place of birth (or any of them).

16. What does Article 16 guarantee and what is its key permitted exception for backward classes?

    Article 16 guarantees equality of opportunity in matters of public employment. Article 16(4) permits the State to reserve appointments or posts in favour of any backward class not adequately represented in the services.

17. What do Articles 17 and 18 abolish/prohibit?

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

18. List the six freedoms originally guaranteed to citizens under Article 19(1).

    Freedom of: (a) speech and expression; (b) assembly peaceably and without arms; (c) form associations or unions; (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. (The original right to property, (f), was repealed by the 44th Amendment, 1978.)

19. On what grounds can reasonable restrictions be imposed on 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.

20. What protection against ex-post-facto laws, double jeopardy, and self-incrimination does Article 20 provide?

    Article 20 protects against: (1) ex-post-facto criminal laws and enhanced penalties; (2) double jeopardy (no prosecution and punishment for the same offence more than once); and (3) self-incrimination (no person accused of an offence shall be compelled to be a witness against himself).

21. What is the scope of 'life and personal liberty' under Article 21 after Maneka Gandhi (1978)?

    No person shall be deprived of life or personal liberty except according to procedure established by law, and after Maneka Gandhi that procedure must be 'just, fair and reasonable', not arbitrary; Article 21 now embraces a wide range of derived rights (privacy, livelihood, dignity, clean environment, etc.).

22. What rights does Article 22 guarantee to an arrested person, and what is the constitutional limit on detention before a magistrate?

    Right to be informed of grounds of arrest, to consult a lawyer of choice, and to be produced before the nearest magistrate within 24 hours (excluding journey time). These safeguards do not apply to enemy aliens or persons under preventive detention.

23. What two practices does Article 23 prohibit?

    Article 23 prohibits traffic in human beings (including buying and selling of persons), begar, and other similar forms of forced labour; any contravention is an offence punishable by law.

24. What protection does Article 24 give regarding child labour?

    Article 24 prohibits the employment of any child below the age of 14 years in any factory, mine, or other hazardous employment.

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