Judicial Services Exam (PCS-J) Constitution of India Syllabus

Constitution of India 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 in Judicial Services Exam (PCS-J), not a summary of it.

1. 1

   Preamble, Union and Citizenship

   4 topics

   • Preamble - Significance and Basic Features
   • Union and Its Territory - Articles 1 to 4
   • Citizenship - Articles 5 to 11
   • Nature of the Indian Constitution - Federal and Unitary Features
2. 2

   Fundamental Rights

   5 topics

   • Definition of State and Justiciability - Article 12 and 13
   • Right to Equality
     • Equality before law and reasonable classification - Article 14
     • Prohibition of discrimination and reservations - Articles 15 and 16
   • Right to Freedom
     • Six freedoms and reasonable restrictions - Article 19
     • Protection in respect of conviction - Article 20
     • Right to life and personal liberty - Article 21
   • Rights Against Exploitation and Religious, Cultural Rights
   • Constitutional Remedies
     • Writ jurisdiction under Article 32
     • Types of writs and their scope
3. 3

   Directive Principles, Duties and Amendment

   4 topics

   • Directive Principles of State Policy
   • Relationship Between Fundamental Rights and DPSP
   • Fundamental Duties - Article 51A
   • Amendment of the Constitution and Basic Structure Doctrine
     • Article 368 procedure
     • Kesavananda Bharati and evolution of basic structure
4. 4

   Union and State Executive, Legislature

   4 topics

   • The President and the Council of Ministers
   • Parliament - Composition and Legislative Procedure
   • Governor and State Government
   • State Legislature and Anti-Defection
5. 5

   Judiciary and Centre-State Relations

   5 topics

   • Supreme Court - Jurisdiction and Powers
   • High Courts and Subordinate Courts
     • Writ jurisdiction under Article 226
     • Control over subordinate judiciary - Articles 233 to 237
   • Distribution of Legislative and Administrative Powers
   • Emergency Provisions
   • Services, Tribunals and Special Provisions

Constitution of India flashcards for Judicial Services Exam (PCS-J)

20 of 57 cards from the Constitution of India deck — real questions with worked answers.

1. What is the source of authority of the Indian Constitution as declared in the Preamble, and what date does it refer to?

   The Preamble declares that the people of India are the source of authority ('We, the People of India... do hereby adopt, enact and give to ourselves this Constitution'); it bears the date 26 November 1949 (date of adoption).

2. Which four words describe the nature of the Indian State in the Preamble, and which two were added by the 42nd Amendment (1976)?

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

3. In which case did the Supreme Court hold that the Preamble is part of the Constitution and can be amended (subject to the basic structure)?

   Kesavananda Bharati v. State of Kerala (1973) overruled Berubari Union (1960) and held that the Preamble is a part of the Constitution and is amendable, but its basic features cannot be destroyed.

4. Under Article 1, how is India described, and what are the categories of the territory of India?

   Article 1 describes 'India, that is Bharat, shall be a Union of States.' The territory of India comprises: (i) territories of the States, (ii) Union Territories, and (iii) territories that may be acquired.

5. Which Article empowers Parliament to form a new State or alter areas/boundaries/names of existing States, and what special procedure does it require?

   Article 3. A bill requires the prior recommendation of the President, and the President must refer it to the concerned State Legislature for its views (which are not binding). Only a simple majority is needed in Parliament.

6. What is the constitutional distinction between admission/establishment of new States (Article 2) and formation/reorganisation of existing States (Article 3)?

   Article 2 deals with admission or establishment of NEW States not part of the Union (external). Article 3 deals with internal reorganisation of EXISTING States (forming new States, altering areas, boundaries, or names).

7. Under Articles 5 to 11, who was a citizen of India at the commencement of the Constitution (Article 5)?

   A person with domicile in India who either (a) was born in India, or (b) had either parent born in India, or (c) had been ordinarily resident in India for at least five years immediately before commencement (26 Jan 1950).

8. Which Article gives Parliament the power to regulate the right of citizenship by law, and which Act governs Indian citizenship?

   Article 11 empowers Parliament to make any provision regarding acquisition, termination, and other matters of citizenship. The Citizenship Act, 1955 governs it.

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. Why is the Indian Constitution described as 'federal in form but unitary in spirit' (quasi-federal)?

    It has federal features (written Constitution, division of powers, bicameralism, independent judiciary) but strong unitary tilt: single citizenship, single Constitution, strong Centre, All-India Services, integrated judiciary, emergency provisions, and Parliament's power to alter State boundaries.

11. List four key federal features and four key unitary features of the Indian Constitution.

    Federal: written/supreme Constitution, division of powers (three Lists), bicameralism, independent judiciary. Unitary: single citizenship, single integrated judiciary, strong Centre/residuary powers with Union, emergency provisions, single Constitution, appointment of Governors by Centre.

12. How is the term 'State' defined under Article 12 for the purpose of Part III (Fundamental Rights)?

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

13. What does Article 13 declare about laws inconsistent with Fundamental Rights, and what is the doctrine for pre-Constitution laws?

    Article 13 declares laws inconsistent with Fundamental Rights void to the extent of inconsistency. For pre-Constitution laws the Doctrine of Eclipse applies (they become dormant, revived if the right is amended); for post-Constitution laws they are void ab initio.

14. What does the Doctrine of Severability under Article 13 mean?

    Only the offending part of a law that violates a Fundamental Right is struck down (void), while the valid part survives, provided the two are separable. The whole law is void only if the valid and invalid parts are inseparable.

15. Distinguish 'equality before law' and 'equal protection of the laws' under Article 14.

    'Equality before law' is a negative, British concept meaning absence of special privileges and equal subjection of all to ordinary law. 'Equal protection of the laws' is a positive, American concept meaning equal treatment in equal circumstances (permitting reasonable classification).

16. What is the test of 'reasonable classification' under Article 14, and what is the newer test against arbitrariness?

    Reasonable classification requires (i) an intelligible differentia distinguishing grouped persons, and (ii) a rational nexus between the differentia and the object of the law. The newer test (E.P. Royappa) holds that arbitrariness itself violates Article 14.

17. What do Articles 15, 16, 17 and 18 of the Right to Equality respectively guarantee?

    Article 15: prohibition of discrimination on grounds of religion, race, caste, sex, place of birth. Article 16: equality of opportunity in public employment. Article 17: abolition of untouchability. Article 18: abolition of titles (except military and academic).

18. What six freedoms are guaranteed to citizens under Article 19(1) after the deletion of the right to property?

    (a) Freedom of speech and expression, (b) to assemble peaceably and without arms, (c) to form associations/unions/co-operatives, (d) to move freely throughout India, (e) to reside and settle in any part of India, (g) to practise any profession or carry on any occupation, trade or business. [The former (f) right to property was deleted by the 44th Amendment.]

19. What protections does Article 20 give against conviction for offences?

    Article 20 provides three safeguards: (1) no ex-post-facto law, (2) no double jeopardy (no prosecution and punishment for the same offence twice), and (3) no self-incrimination (no person accused shall be compelled to be a witness against himself).

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

    No person shall be deprived of life or personal liberty except according to procedure established by law. After Maneka Gandhi, the procedure must be 'just, fair and reasonable,' importing due process; Article 21 now includes rights to privacy, dignity, livelihood, clean environment, etc.

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