UP PCS-J Constitutional and Public Law Syllabus

What does Article 20 protect against?

Protection in respect of conviction for offences: (1) No ex-post-facto law, (2) No double jeopardy, (3) No self-incrimination (right against being a witness against oneself).

What is the scope of 'right to life and personal liberty' under Article 21?

No person shall be deprived of life or personal liberty except according to procedure established by law. Post-Maneka Gandhi, the procedure must be just, fair and reasonable; it includes rights to privacy, dignity, livelihood, clean environment, etc.

What right was added by Article 21A and by which amendment?

Right to free and compulsory education for children aged 6 to 14 years, added by the 86th Constitutional Amendment Act, 2002.

What protections does Article 22 give against arrest and detention?

Right to be informed of grounds of arrest, right to consult a lawyer, and production before a magistrate within 24 hours. These do not apply to enemy aliens or persons under preventive detention.

Which Articles deal with the Right against Exploitation?

Articles 23 and 24.

What does Article 23 prohibit?

Traffic in human beings, begar (forced labour), and other similar forms of forced labour.

What does Article 24 prohibit?

Employment of children below 14 years of age in any factory, mine, or other hazardous employment.

Which Articles guarantee the Right to Freedom of Religion?

Articles 25 to 28.

What does Article 25 guarantee?

Freedom of conscience and the right to freely profess, practise, and propagate religion, subject to public order, morality, and health.

Which Articles protect Cultural and Educational Rights?

Articles 29 and 30. Article 29 protects interests of minorities (language, script, culture); Article 30 gives minorities the right to establish and administer educational institutions.

What is Article 32 and why did Dr. Ambedkar call it the 'heart and soul' of the Constitution?

Article 32 is the Right to Constitutional Remedies — it allows direct approach to the Supreme Court for enforcement of Fundamental Rights through writs. Ambedkar called it the heart and soul because rights without remedies are meaningless.

Name the five writs available under Articles 32 and 226.

Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.

What is the difference between the writ jurisdiction under Article 32 and Article 226?

Article 32 (Supreme Court) is itself a Fundamental Right and limited to enforcing Fundamental Rights. Article 226 (High Courts) is wider — issues writs for Fundamental Rights AND any other legal right.

Distinguish the writs of Prohibition and Certiorari.

Prohibition is preventive, issued during pendency of proceedings to stop a lower court/tribunal from exceeding jurisdiction. Certiorari is curative, issued after an order to quash a decision made without jurisdiction or with error of law.

What is the purpose of the writ of Quo Warranto?

It questions the legality of a person's claim to a public office; the court inquires by what authority the person holds that office and can oust a usurper.

Which Part and Articles contain the Directive Principles of State Policy?

Part IV, Articles 36 to 51.

Are Directive Principles enforceable in a court of law?

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

From which country's constitution were the Directive Principles borrowed?

From the Constitution of Ireland (which itself borrowed from the Spanish Constitution).

How was the conflict between Fundamental Rights and Directive Principles resolved in Minerva Mills (1980)?

The Court held that the Constitution rests on a balance between Parts III and IV; giving absolute primacy to one over the other disturbs the harmony, which is part of the basic structure.

What is the term of office and removal procedure of the President of India?

Term of 5 years (Article 56). The President can be removed by impeachment under Article 61 for 'violation of the Constitution', requiring a special majority in both Houses.

Who appoints the Prime Minister and the Council of Ministers, and to whom are they responsible?

The President appoints the PM, and the other ministers on PM's advice (Article 75). The Council of Ministers is collectively responsible to the Lok Sabha.

What is the constitutional position of the Governor regarding tenure and the State executive?

The Governor is the constitutional head of a state (Article 153), appointed by the President, holds office during the pleasure of the President, and normally has a 5-year term. The State Council of Ministers headed by the CM aids and advises the Governor.

What is the composition and original/appellate jurisdiction of the Supreme Court?

Sanctioned strength is 34 judges (1 CJI + 33). Original jurisdiction (Article 131) covers Centre-state and inter-state disputes; appellate jurisdiction (Articles 132-134) covers constitutional, civil, and criminal appeals; Article 136 gives Special Leave to Appeal.

What is the collegium system for appointment of higher judiciary judges?

A judge-led mechanism (CJI + senior-most SC judges) recommends appointments and transfers, evolved through the Second (1993) and Third (1998) Judges Cases, ensuring judicial primacy in appointments.

How are legislative powers distributed between the Union and States?

Through three lists in the Seventh Schedule: Union List (Centre, 100 subjects), State List (States, 61 subjects), and Concurrent List (both, 52 subjects). Residuary powers belong to Parliament under Article 248.

In case of a conflict between a Union law and a 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 Presidential assent (then it prevails in that state).

What are the three types of emergencies under the Constitution?

National Emergency (Article 352, on grounds of war/external aggression/armed rebellion), President's Rule / State Emergency (Article 356, failure of constitutional machinery in a state), and Financial Emergency (Article 360).

What are the procedures for amending the Constitution under Article 368?

Two types: (1) Special majority of Parliament (majority of total membership of each House plus two-thirds of members present and voting), and (2) Special majority plus ratification by legislatures of at least half the states for federal provisions.

What is the 'Basic Structure Doctrine' and in which landmark case was it propounded?

Propounded in Kesavananda Bharati v. State of Kerala (1973): Parliament can amend any part of the Constitution under Article 368, but cannot alter or destroy its 'basic structure' (e.g., supremacy of the Constitution, rule of law, judicial review, federalism, secularism, separation of powers).