Delhi Judicial Services Exam Constitution of India & Constitutional Law Syllabus

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.).

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.

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.

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.

What does Article 25 guarantee in respect of religious freedom?

Subject to public order, morality, health and other provisions of Part III, all persons have the freedom of conscience and the right freely to profess, practise and propagate religion.

What rights regarding religious affairs does Article 26 confer on religious denominations?

Subject to public order, morality and health, every religious denomination may: establish and maintain institutions for religious/charitable purposes; manage its own affairs in matters of religion; own and acquire property; and administer such property in accordance with law.

What do Articles 27 and 28 provide regarding taxes and religious instruction?

Article 27: no person can be compelled to pay any tax whose proceeds are specifically appropriated for promotion of a particular religion. Article 28: no religious instruction shall be provided in wholly State-funded educational institutions.

What cultural and educational rights of minorities are protected by Articles 29 and 30?

Article 29 protects the right of any section of citizens to conserve its distinct language, script or culture and bars denial of admission to State-aided institutions on grounds of religion, race, caste or language. Article 30 gives religious and linguistic minorities the right to establish and administer educational institutions of their choice.

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

Because Article 32 guarantees the right to constitutional remedies, allowing a person to move the Supreme Court directly for enforcement of Fundamental Rights; the right to this remedy is itself a Fundamental Right.

Name the five writs the Supreme Court (Art. 32) and High Courts (Art. 226) can issue and the purpose of each.

Habeas Corpus (to produce a detained person and test legality of detention); Mandamus (to command a public authority to perform its duty); Prohibition (to stop a lower court/tribunal exceeding jurisdiction); Certiorari (to quash an order of a lower court/tribunal); and Quo Warranto (to question the legality of a person holding a public office).

How does the writ jurisdiction of a High Court under Article 226 differ from the Supreme Court under Article 32?

Article 226 is wider: a High Court can issue writs for enforcement of Fundamental Rights and 'for any other purpose' (legal rights), whereas Article 32 is confined to enforcement of Fundamental Rights. Article 226 is not itself a Fundamental Right; Article 32 is.

Are Directive Principles of State Policy (Part IV) enforceable in a court of law? What is their nature?

No. Under Article 37, DPSPs are not enforceable by any court, but they are fundamental in the governance of the country and it is the duty of the State to apply them in making laws.

What is the classification of Directive Principles into broad categories?

They are commonly classified as Socialistic (e.g., Art. 38, 39, 41-43), Gandhian (e.g., Art. 40 village panchayats, Art. 43 cottage industries, Art. 46, 47, 48), and Liberal-Intellectual (e.g., Art. 44 uniform civil code, Art. 45 early childhood care, Art. 48A environment, Art. 50 separation of judiciary from executive, Art. 51).

In a conflict between Fundamental Rights and Directive Principles, what is the current constitutional position?

FRs generally prevail, but the State may implement DPSPs while harmonising both. Article 31C (as upheld in part) protects laws giving effect to Article 39(b) and (c) even if they violate Articles 14 or 19. The courts seek harmonious construction; this balance is itself part of the basic structure (Minerva Mills).

Where are Fundamental Duties found, how many are there, and by which amendment were they added?

Fundamental Duties are in Article 51A, Part IVA. They originally numbered ten and were added by the 42nd Amendment (1976) on the recommendation of the Swaran Singh Committee; an eleventh duty (provide education to children aged 6-14) was added by the 86th Amendment, 2002, making eleven in total.

What is the 'basic structure' doctrine and in which case was it propounded?

The doctrine, laid down in Kesavananda Bharati v. State of Kerala (1973), holds that Parliament can amend any part of the Constitution under Article 368 but cannot alter or destroy its 'basic structure' or essential features.

Name five features that the Supreme Court has held to be part of the 'basic structure'.

Supremacy of the Constitution; rule of law; separation of powers; judicial review; federalism; secularism; democratic and republican form of government; free and fair elections; independence of the judiciary; and the harmony/balance between Fundamental Rights and Directive Principles (any five).

What are the three procedures for amending the Constitution under Article 368 and related provisions?

(1) By simple majority of Parliament (for certain provisions outside Art. 368, e.g., admission of states); (2) by a special majority of each House (majority of total membership and two-thirds of members present and voting); and (3) by special majority plus ratification by legislatures of at least half the states (for federal provisions).

Who is the executive head of the Union and how is the President of India elected?

The President (Article 52) is the executive head of the Union. He is elected indirectly by an electoral college consisting of elected members of both Houses of Parliament and elected members of the Legislative Assemblies of States and Union Territories of Delhi and Puducherry, by a system of proportional representation through a single transferable vote.

What is the constitutional relationship between the President and the Council of Ministers (Article 74)?

Article 74 provides that there shall be a Council of Ministers headed by the Prime Minister to aid and advise the President, who shall act in accordance with such advice; the President may require reconsideration once, but must act on the advice tendered after reconsideration.

How is a Governor appointed and to whom does he hold office (term and pleasure)?

The Governor (Article 155) is appointed by the President; he holds office during the pleasure of the President (Article 156) and normally for a term of five years. He is the constitutional head of the State executive.

What are the three categories of discretionary/situational powers of a Governor?

(1) Reserving a Bill for the President's consideration; (2) recommending President's Rule under Article 356; and (3) exercising discretion as administrator of an adjoining Union Territory or under special provisions for certain states; plus situational discretion such as appointing a CM in a hung assembly.

What is the composition of the Indian Parliament and the maximum strength of each House?

Parliament consists of the President, the Rajya Sabha (Council of States, max 250 members) and the Lok Sabha (House of the People, max 552 members). The Rajya Sabha is a permanent body with one-third retiring every two years; the Lok Sabha has a normal term of five years.

What is the difference between an Ordinary Bill and a Money Bill in terms of the Rajya Sabha's powers?

For an Ordinary Bill, both Houses have equal power and deadlocks may go to a joint sitting. A Money Bill (Article 110) can be introduced only in the Lok Sabha; the Rajya Sabha can only make recommendations within 14 days, which the Lok Sabha may accept or reject. The Speaker certifies whether a Bill is a Money Bill.

What is the procedure and majority required to remove a Supreme Court judge from office?

A judge can be removed only by an order of the President passed after an address by each House of Parliament supported by a special majority (majority of total membership of that House and two-thirds of members present and voting) on the ground of proved misbehaviour or incapacity. This impeachment-style process is under Article 124(4).

What is the special constitutional status of Delhi and which article governs it?

Delhi is the National Capital Territory under Article 239AA (inserted by the 69th Amendment, 1991). It has a Legislative Assembly and a Council of Ministers, but the Assembly cannot legislate on Police, Public Order and Land, which remain with the Centre, and the Lieutenant Governor acts as administrator.

How are legislative powers divided between the Union and States, and what are the three Lists of the Seventh Schedule?

The Seventh Schedule divides powers into three lists: the Union List (subjects on which only Parliament can legislate, e.g., defence, foreign affairs), the State List (subjects for State legislatures, e.g., police, public health), and the Concurrent List (both can legislate, e.g., criminal law, marriage); in case of conflict on a Concurrent subject, Union law prevails (Article 254).

Who has the power to legislate on residuary subjects not mentioned in any List?

Parliament has exclusive power to make laws on residuary subjects (those not enumerated in the Union, State or Concurrent Lists) under Article 248, read with Entry 97 of the Union List.

How are revenues distributed between the Centre and States, and which body recommends this distribution?

Articles 268-281 govern Centre-State financial relations, including distribution of tax proceeds. The Finance Commission (Article 280), constituted by the President every five years, recommends the distribution of net tax proceeds between the Union and the States and the principles governing grants-in-aid.

What are the three types of emergencies provided in the Constitution and their governing articles?

(1) National Emergency (Article 352) on grounds of war, external aggression or armed rebellion; (2) State Emergency / President's Rule (Article 356) on failure of constitutional machinery in a State; and (3) Financial Emergency (Article 360) when the financial stability or credit of India is threatened.

What happens to Fundamental Rights during a National Emergency under Articles 358 and 359?

Article 358 automatically suspends the six freedoms under Article 19 during an emergency declared on grounds of war or external aggression. Article 359 empowers the President to suspend the right to move courts for enforcement of specified Fundamental Rights, but after the 44th Amendment, Articles 20 and 21 can never be suspended.

What constitutional provisions govern the All-India Services and what is special about them?

Article 312 empowers Parliament, on a Rajya Sabha resolution supported by two-thirds of members present and voting, to create new All-India Services common to the Union and States (e.g., IAS, IPS). Officers are recruited and trained centrally but serve under both the Centre and the States.

What is the constitutional basis for administrative tribunals in India?

Articles 323A and 323B (added by the 42nd Amendment, 1976) provide for the establishment of administrative tribunals. Article 323A allows Parliament to set up tribunals for service matters (e.g., the Central Administrative Tribunal), and Article 323B allows the appropriate legislature to set up tribunals for other specified matters such as taxation and land reforms.