UP PCS-J Constitutional and Public Law Syllabus

Constitutional and Public 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 and Public Law in UP PCS-J, not a summary of it.

1. 1

   Constitutional Framework and Citizenship

   3 topics

   • Nature of the Indian Constitution
     • Preamble and its significance
     • Federal features and unitary bias
   • Union and Its Territory
     • Territory of India and reorganisation of states
     • Admission and establishment of new states
   • Citizenship
     • Acquisition of citizenship
     • Termination and loss of citizenship
2. 2

   Fundamental Rights and Duties

   4 topics

   • Right to Equality
     • Equality before law and reasonable classification (Article 14)
     • Prohibition of discrimination and equality of opportunity
     • Abolition of untouchability and titles
   • Right to Freedom
     • Six freedoms under Article 19 and reasonable restrictions
     • Protection in respect of conviction (Article 20)
     • Right to life and personal liberty (Article 21) and expanded scope
     • Preventive detention and Article 22
   • Rights Against Exploitation, Religious and Cultural Rights
     • Prohibition of traffic and forced labour
     • Freedom of religion (Articles 25-28)
     • Cultural and educational rights of minorities
   • Right to Constitutional Remedies
     • Writs: habeas corpus, mandamus, prohibition, certiorari, quo warranto
     • Doctrine of severability and eclipse
3. 3

   Directive Principles and Government Structure

   4 topics

   • Directive Principles of State Policy
     • Classification of directive principles
     • Relationship between fundamental rights and DPSP
   • The Union and State Executive
     • President, Governor, and Council of Ministers
     • Powers and constitutional position
   • The Judiciary
     • Supreme Court and High Courts: jurisdiction
     • Independence of judiciary and judicial review
     • Subordinate courts and judicial appointments
   • Legislative Relations and Distribution of Powers
     • Union, State, and Concurrent Lists
     • Doctrine of pith and substance and repugnancy
4. 4

   Emergency, Amendment and Basic Structure

   3 topics

   • Emergency Provisions
     • National, State, and Financial emergency
     • Effect of emergency on fundamental rights
   • Amendment of the Constitution
     • Procedure under Article 368
     • Basic structure doctrine and landmark cases
   • Landmark Constitutional Jurisprudence
     • Kesavananda Bharati and Maneka Gandhi
     • Recent constitutional developments

Constitutional and Public Law flashcards for UP PCS-J

20 of 49 cards from the Constitutional and Public Law deck — real questions with worked answers.

1. What is the nature of the Indian Constitution regarding its rigidity and flexibility?

   It is partly rigid and partly flexible. Some provisions need a simple majority, some need a special majority, and some need a special majority plus ratification by half the states.

2. Is the Indian Constitution federal or unitary in nature?

   It is quasi-federal (federal in structure with a strong unitary bias). The Supreme Court in S.R. Bommai described federalism as part of the basic structure.

3. Which terms were added to the Preamble by the 42nd Amendment (1976)?

   'Socialist', 'Secular', and 'Integrity' were added to the Preamble.

4. Is the Preamble a part of the Constitution and can it be amended?

   Yes. In Kesavananda Bharati (1973) the Supreme Court held the Preamble is part of the Constitution and can be amended without destroying the basic structure (overruling Berubari Union).

5. Which Article describes India as a 'Union of States' and what does it imply?

   Article 1. It implies the federation is indestructible (states cannot secede), based on Dr. Ambedkar's explanation that India is a union, not a result of agreement among states.

6. How can Parliament form a new state or alter boundaries of existing states?

   Under Article 3, by a simple majority on the President's recommendation. States' views are sought but not binding; this is an example of the Constitution's flexibility.

7. What is the difference between Article 2 and Article 3?

   Article 2 deals with admission or establishment of NEW states (not part of the Union). Article 3 deals with reorganisation of EXISTING states (formation, alteration of areas, boundaries, names).

8. Which Articles of the Constitution deal with Citizenship?

   Articles 5 to 11 (Part II).

9. What kind of citizenship does the Indian Constitution provide?

   Single citizenship — there is only Indian citizenship, no separate state citizenship (unlike the USA which has dual citizenship).

10. Under the Citizenship Act 1955, what are the modes of acquiring Indian citizenship?

    Five modes: by birth, by descent, by registration, by naturalisation, and by incorporation of territory.

11. Which Articles guarantee the Right to Equality?

    Articles 14 to 18.

12. What twin concepts does Article 14 guarantee?

    'Equality before law' (negative concept, British origin — no one is above law) and 'equal protection of laws' (positive concept, American origin — equals treated equally).

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

    Two conditions: (1) classification must be founded on an intelligible differentia, and (2) the differentia must have a rational nexus to the object sought to be achieved.

14. What new dimension did E.P. Royappa and Maneka Gandhi add to Article 14?

    The doctrine that Article 14 strikes at arbitrariness — equality is antithetical to arbitrariness, expanding it beyond the reasonable classification test.

15. What does Article 15 prohibit?

    Discrimination by the State against any citizen only on grounds of religion, race, caste, sex, or place of birth.

16. What does Article 16 guarantee and what is its key exception?

    Equality of opportunity in public employment. Article 16(4) permits reservation of posts for backward classes inadequately represented in state services.

17. What is the 50% ceiling on reservations and which case laid it down?

    Reservations should generally not exceed 50%, laid down in Indra Sawhney v. Union of India (1992), which also excluded the 'creamy layer' from OBC reservation.

18. What does Article 17 abolish and is it absolute?

    Article 17 abolishes 'untouchability' and forbids its practice in any form. It is absolute, with no exceptions, and is enforceable against private individuals too.

19. Which Articles guarantee the Right to Freedom?

    Articles 19 to 22.

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

    (a) Speech and expression, (b) Assemble peaceably without arms, (c) Form associations/unions, (d) Move freely throughout India, (e) Reside and settle anywhere, (g) Practise any profession or carry on any trade. (Right to property under (f) was deleted by 44th Amendment).

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