CLAT PG Constitutional Law Flashcards

24 sample cards from the Constitutional Law deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. What do Articles 29 and 30 (Cultural and Educational Rights) protect?

   Article 29 protects the interests of minorities by allowing 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 grants religious and linguistic minorities the right to establish and administer educational institutions of their choice.

2. What does Article 32 provide, and why did Dr. Ambedkar call it the 'heart and soul' of the Constitution?

   Article 32 guarantees the right to constitutional remedies - the right to move the Supreme Court directly for the enforcement of Fundamental Rights. The SC can issue writs. Ambedkar called it the heart and soul because a right without a remedy is meaningless; Article 32 is itself a Fundamental Right and cannot be suspended except during emergency (subject to Article 359).

3. What are the five writs available under Articles 32 and 226?

   The five writs are: (1) Habeas Corpus (produce the body - against unlawful detention), (2) Mandamus (we command - directs a public authority to perform its duty), (3) Prohibition (stops a lower court/tribunal from exceeding jurisdiction), (4) Certiorari (quashes an order of a lower court/tribunal), and (5) Quo Warranto (by what authority - challenges the legality of a person holding a public office).

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

   Article 32 empowers the Supreme Court to issue writs only for the enforcement of Fundamental Rights (it is itself a Fundamental Right). Article 226 empowers the High Courts to issue writs for the enforcement of Fundamental Rights AND for any other purpose (legal rights), making the High Court's writ jurisdiction wider in scope. Article 226 is not a Fundamental Right.

5. What are the Directive Principles of State Policy (DPSP) and where are they found?

   DPSPs are guidelines/directives to the State for establishing a social and economic democracy. They are contained in Part IV (Articles 36-51) of the Constitution. They are borrowed from the Irish Constitution and are non-justiciable (not enforceable in court) but are fundamental in the governance of the country (Article 37).

6. What are the three classifications of Directive Principles of State Policy?

   DPSPs are broadly classified into: (1) Socialistic principles (e.g., Articles 38, 39, 41, 42, 43), (2) Gandhian principles (e.g., Articles 40 - village panchayats, 43 - cottage industries, 46, 47, 48), and (3) Liberal-Intellectual principles (e.g., Articles 44 - Uniform Civil Code, 45, 48 - agriculture/animal husbandry, 49, 50 - separation of judiciary from executive, 51).

7. What is the key distinction between Fundamental Rights and Directive Principles of State Policy?

   Fundamental Rights (Part III) are justiciable/enforceable in court, are negative (restrain the State), and aim at political democracy. DPSPs (Part IV) are non-justiciable, are positive (require State action), and aim at social and economic democracy. FRs are individual-centric; DPSPs are society/welfare-centric.

8. How was the conflict between Fundamental Rights and DPSP resolved by the courts?

   In Champakam Dorairajan (1951), FRs prevailed over DPSPs. In Golaknath (1967), FRs were held unamendable. In Kesavananda Bharati (1973), the Court held both must be balanced harmoniously. In Minerva Mills (1980), the Court struck down parts of the 42nd Amendment, ruling that balance/harmony between FRs and DPSPs is part of the basic structure - neither has absolute primacy.

9. What are Fundamental Duties, where are they listed, and how many are there?

   Fundamental Duties are moral obligations of citizens, listed in Part IVA, Article 51A. They were added by the 42nd Amendment Act, 1976 (on the recommendation of the Swaran Singh Committee), based on the Russian (USSR) Constitution. Originally 10 duties; an 11th (duty of a parent/guardian to provide education to children aged 6-14) was added by the 86th Amendment Act, 2002, making 11 total. They are non-justiciable.

10. Who constitutes the Union Executive, and what is the term of the President?

    The Union Executive consists of the President (Article 52), the Vice-President, the Prime Minister, the Council of Ministers, and the Attorney General. The President is the head of State, elected indirectly by an electoral college, and holds office for a term of 5 years (eligible for re-election).

11. Explain the difference between the President's qualified veto, suspensive veto, and pocket veto.

    Absolute veto: withholding assent to a Bill entirely. Suspensive veto: returning a Bill (except a Money Bill) for reconsideration, which can be overridden if Parliament passes it again (then the President must assent). Pocket veto: the President takes no action and neither assents, rejects, nor returns the Bill, since the Constitution prescribes no time limit (used by President Zail Singh in 1986).

12. What is the composition and tenure of the two Houses of Parliament?

    The Lok Sabha (House of the People) has a maximum strength of 552, is directly elected, and has a term of 5 years (can be dissolved). The Rajya Sabha (Council of States) has a maximum strength of 250, is indirectly elected/nominated, is a permanent body that is never dissolved, with one-third of members retiring every 2 years (6-year term).

13. What is a Money Bill (Article 110) and how does its passage differ from an Ordinary Bill?

    A Money Bill deals only with matters specified in Article 110 (taxation, borrowing, Consolidated Fund, etc.). It can be introduced only in the Lok Sabha (on the President's recommendation). 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, and that decision is final.

14. What is the composition of the Supreme Court of India and the retirement age of its judges?

    The Supreme Court consists of the Chief Justice of India and other judges (the sanctioned strength is currently 34, including the CJI). A Supreme Court judge holds office until the age of 65 years. High Court judges retire at 62 years.

15. What are the types of jurisdiction of the Supreme Court of India?

    The Supreme Court has: (1) Original jurisdiction (Article 131 - Centre-State and inter-state disputes; Article 32 - FR enforcement), (2) Appellate jurisdiction (Articles 132-134 - constitutional, civil, criminal appeals; Article 136 - Special Leave Petition), (3) Advisory jurisdiction (Article 143 - President's reference), and (4) Power of judicial review and as a Court of Record (Article 129).

16. How are legislative powers divided between the Centre and States, and where are the three Lists found?

    Legislative relations are in Part XI (Articles 245-255). The Seventh Schedule contains three Lists: Union List (List I - Parliament legislates, e.g., defence, foreign affairs), State List (List II - State legislates, e.g., police, public health), and Concurrent List (List III - both legislate, e.g., criminal law, education). Residuary powers (matters not in any list) belong to the Union (Article 248).

17. What is the Doctrine of Repugnancy under Article 254 in Centre-State relations?

    Under Article 254, if a State law on a Concurrent List subject conflicts (is repugnant) with a Central law, the Central law prevails and the State law is void to the extent of repugnancy. Exception: a State law reserved for and receiving the President's assent prevails in that State, but Parliament can still later override it.

18. What are the three types of Emergencies under the Indian Constitution?

    (1) National Emergency (Article 352) - on grounds of war, external aggression, or armed rebellion; (2) President's Rule / State Emergency (Article 356) - on failure of constitutional machinery in a State; and (3) Financial Emergency (Article 360) - on threat to the financial stability or credit of India (never been imposed).

19. What are the procedural safeguards for proclaiming a National Emergency under Article 352?

    A National Emergency must be approved by both Houses of Parliament by a special majority within one month of issue. Once approved it lasts 6 months and can be extended indefinitely with parliamentary approval every 6 months. The 44th Amendment requires the Cabinet's written recommendation to the President, and Lok Sabha can revoke it by a simple-majority resolution.

20. What is the effect of a National Emergency on Fundamental Rights (Articles 358 and 359)?

    Article 358 automatically suspends the six freedoms under Article 19 (only when the Emergency is on grounds of war or external aggression, not armed rebellion). Article 359 empowers the President to suspend the right to move courts for enforcement of specified Fundamental Rights. The 44th Amendment provides that Articles 20 and 21 can NEVER be suspended.

21. What is the maximum duration of President's Rule under Article 356?

    President's Rule must be approved by both Houses within 2 months and then lasts 6 months at a time, extendable up to a maximum of 3 years. Beyond one year, extension requires that a National Emergency is in operation in the whole/part of the State AND the Election Commission certifies that elections cannot be held. The S.R. Bommai case (1994) made it subject to judicial review.

22. What does Article 368 provide regarding amendment of the Constitution, and what are the methods?

    Article 368 provides the procedure for amending the Constitution. There are three methods: (1) simple majority of Parliament (for certain provisions, outside Article 368), (2) special majority of Parliament (majority of total membership of each House and two-thirds of members present and voting), and (3) special majority plus ratification by at least half of the state legislatures (for federal provisions).

23. What is the Basic Structure Doctrine and in which case was it propounded?

    The Basic Structure Doctrine holds that Parliament's power to amend the Constitution under Article 368 is not unlimited - it cannot alter, damage, or destroy the 'basic structure' or essential features of the Constitution. It was propounded in Kesavananda Bharati v. State of Kerala (1973) by a 13-judge bench (7:6 majority).

24. What are some elements held to be part of the 'basic structure' of the Constitution?

    Elements include: supremacy of the Constitution, rule of law, separation of powers, judicial review, federalism, secularism, free and fair elections, independence of the judiciary, sovereignty/unity/integrity of India, parliamentary system, and the harmony/balance between Fundamental Rights and Directive Principles. (Identified across cases like Kesavananda Bharati, Indira Gandhi v. Raj Narain, Minerva Mills, and S.R. Bommai.)

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