Contents

Unit – 1........................................................................................................................................ 3
What are the Important Features of the Indian Constitution? Discuss. (2024, 2022, 2021) ............. 3
“Preamble is a part of Indian Constitution, so it can be amended. But the part of Preamble which is
related to basic structure cannot be amended”. Explain (2024) OR “Preamble of Indian Constitution
is its soul.” Describe. (2023) OR Write Down the Preamble of Indian Constitution and explain
its object and importance. (2018, Sept. 2018).................................................................................... 4
Describe the Unitary and Federal System of Government & differentiate between two................... 5
Indian Constitution is Federal as well as Unitary. Discuss this statement in detail............................. 5
Unit – 2........................................................................................................................................ 7
Discuss the various constitutional provisions related to Admission or establishment of new State.
(2019) .................................................................................................................................................. 7
What is Citizenship Amendment Act, 2019? Discuss its implications. (2023) .................................... 8
On what grounds the Citizenship can be acquired and terminated? (2022, 2018) ............................ 9
Define the term State with the help of relevant case laws. (2019) .................................................. 10
Explain Equal Protection of Law and Equality before Law with various landmark cases. (2024, 2022)
.......................................................................................................................................................... 11
OR Explain ‘Right to Equality’ with the help of leading case laws. (2021) ........................................ 11
What are the freedoms guaranteed under the Constitution. Examine the restriction upon it. (2019)
.......................................................................................................................................................... 12
Is right to Die Included in Right to Life? Explain it with the help of Landmark cases. (2024) ........... 14
No Person shall be deprived of his life or personal liberty except according to the procedure
established by the law. Analyse the statement with the help of case law. (2018) OR Explain the Rights
associated with the Right to Life and Personal liberty with the help of relevant case laws. ............ 15
Explain the Right of Religion. (2021) ................................................................................................. 16
Mention and briefly explain the various writs issuable under the Indian Constitution. Who may issue
them. (2023) OR State the importance of Fundamental Right of Constitutional Remedy. Under which
circumstances it can be claimed? (2021) .......................................................................................... 17
Unit – 3...................................................................................................................................... 18
Fundamental Rights and DPSPs are Complementary to each other. Explain.................................... 18
Explain the Directive Principles of the State Policy. (2021)............................................................... 20
“Fundamental Duties are not made enforceable by a writ of Court like Fundamental Rights, but they
are fundamental to the well-being of society and individuals.” Examine
(2023)

21
Unit – 4...................................................................................................................................... 22
Discuss a Detail note on the Power of President given by the Constitution of India. (2024, 2021) . 22
OR Write an essay on Powers an Status of President in India. (2023) .............................................. 22
 OR Examine the constitutional status of the President of India. Can be with hold a legislative bill
passed by both the Houses of Parliament? (2022) ........................................................................... 22
Qualification, Procedure of Election and impeachment of President in Detail. (2019) .................... 24
Write a note on Ordinary Bill and Money Bill with Constitutional Provisions. (2024, 2021) ............ 25
Discuss the Parliamentary Privileges available to the members of Parliament. (2022) ................... 26
Describe the organisation and functions of the Supreme Court of India. (2023) OR ....................... 27
Discuss the various types of jurisdiction of the Supreme Court of India. (2022, 2019) OR Appellate
Jurisdiction (2021) ............................................................................................................................. 27
Discuss the provisions related to the appointment of Judges of High Court. (2019) ...................... 27
Unit – 5...................................................................................................................................... 28
Discuss the Various powers and role of the Governor. (2024, 2019)................................................ 28
Discuss the Organisation and Powers of State Legislature. (2023) ................................................... 29
Describe the organisation and power of Council of Ministers in a State. (2023) ............................. 30
Explain the Jurisdiction of the High Court under Indian Constitution. (2024) .................................. 31
OR Explain the Writ Jurisdiction of the High Court. (2021) .............................................................. 31
 SYNOPSIS

Unit – 1

What are the Important Features of the Indian Constitution? Discuss. (2024, 2022, 2021)

• Introduction: Meaning of the Constitution and its importance in the running

• Features of the Indian Constitution:

➢ Lengthiest Written Constitution: Contains around 450 Articles, 12 Schedules,
and numerous Amendments; influenced by various global constitutions.
➢ Blend of Rigidity and Flexibility: Some provisions can be amended by a simple
majority, others require special procedures.
➢ Parliamentary Form of Government: Based on the British model; Executive is
accountable to the Legislature.
➢ Federal Structure with Unitary Bias: Dual polity with Centre and States, but
Centre holds more power (e.g., Emergency provisions).
➢ Fundamental Rights & Duties: Inspired by the U.S. Constitution; enforceable in
courts; Fundamental Duties added via 42nd Amendment.
➢ Directive Principles of State Policy (DPSPs): Inspired by Irish Constitution; non-
justiciable but essential for governance.
➢ Independent and Integrated Judiciary: Supreme Court at the top; ensures
constitutional supremacy and judicial review.
➢ Single Citizenship: Unlike some federal countries; every Indian is a citizen of India
only.
➢ Universal Adult Franchise: Every adult citizen above 18 has the right to vote.
➢ Sovereign State: India is a Sovereign State. Independent in decision making.
➢ Secular State: No official religion; equal treatment to all religions.
➢ Emergency Provisions: Centralization of power during national crises (Article
352, 356, 360).
• Conclusion
“Preamble is a part of Indian Constitution, so it can be amended. But the part of
Preamble which is related to basic structure cannot be amended”. Explain (2024) OR
“Preamble of Indian Constitution is its soul.” Describe. (2023) OR
Write Down the Preamble of Indian Constitution and explain its object and importance.
(2018, Sept. 2018)

• Introduction: The Preamble is the introductory statement of the Indian Constitution.

It embodies the ideals, values, and philosophy on which the Constitution is based.

• Preamble of Indian Constitution:

➢ Source: “We the People of India”
➢ Features: Constitute India into a:
▪ Sovereign
▪ Socialise
▪ Secular
▪ Democratic
▪ Republic
➢ Objectives: Secure to all its citizens:
▪ Justice
▪ Liberty
▪ Equality
▪ Fraternity

• Preamble as a Part of the Constitution: Earlier, in Berubari Union Case (1960), the
Court had opined otherwise, stating it is not enforceable and not part of the Constitution.
However, the Kesavananda Bharati judgment overruled this, the Supreme Court held
that the Preamble is a part of the Constitution. The Preamble plays a vital role in
interpretation.

• Amendability of the Preamble: The Preamble can be amended under Article 368, just
like other parts of the Constitution. The 42nd Constitutional Amendment Act (1976) is
the only instance when the Preamble was amended: Added the words “Socialist”,
“Secular”, and “Integrity”. However, the amendment must not violate the basic
structure of the Constitution.

• Role and Significance of the Preamble: Acts as a guiding light for courts while
interpreting ambiguous provisions. It provides the moral and philosophical foundation
of the Constitution.

• Conclusion: While the Preamble is a part of the Constitution and can be amended, this
power is not absolute.
Describe the Unitary and Federal System of Government & differentiate between two.
(2023, 2017)
Indian Constitution is Federal as well as Unitary. Discuss this statement in detail
(2018, Sept. 2018)

• Introduction: Governance in any country is based on either a unitary or federal model.

These models determine how powers and responsibilities are distributed between the
central and regional governments.

• Unitary System of Government: In a unitary system, all powers are concentrated in a

single central authority. Sub-national governments (if any) function at the discretion of
the Centre. There is no constitutional division of powers. Examples: United Kingdom,
France, Japan. Features:
▪ Single Constitution for the whole country.
▪ Uniform laws throughout the territory.
▪ No division of legislative, executive, or financial powers.
▪ The centre can override decisions of sub-national units.

• Federal System of Government: A federal system divides powers between the central
and regional governments. Both levels derive authority from the Constitution, which is
supreme. Neither level can encroach upon the other’s powers without a constitutional
amendment. Examples: USA, Canada, Australia. Features:
▪ Dual Government (Centre and States)
▪ Written and Rigid Constitution
▪ Division of Powers (Union, State, and Concurrent Lists in India)
▪ Independent Judiciary
▪ Bicameral Legislature (at the central level)

• Differences between Unitary and Federal Systems

Aspect Unitary System Federal System

Distribution of Power Centralized Constitutionally divided

Constitution Single and flexible Written and rigid

Authority of Regions Subordinate to the Centre Independent within constitutional limits

Law Making Uniform for all regions Different laws can exist in each state

Examples UK, Japan, France USA, India, Canada

• Indian Constitution: Federal with Unitary Features: India follows a unique model,
combining federal and unitary features. K.C. Wheare called India "quasi-federal".
 ➢ Federal Features:
▪ Dual polity – Centre and States.
▪ Written Constitution with division of powers (7th Schedule).
▪ Supremacy of Constitution.
▪ Independent Judiciary with powers of judicial review.
▪ Bicameralism – Lok Sabha and Rajya Sabha.
➢ Unitary Features:
▪ Unequal representation of states in the Rajya Sabha.
▪ Strong Centre – residuary powers rest with the Centre.
▪ Emergency Provisions (Articles 352, 356, 360) allow the Centre to assume greater
control.
▪ All-India Services – Officers are recruited by the Centre but serve at both levels.
▪ Governor's Role – Appointed by the Centre, acts as its representative in states.

• Judicial Observations: S.R. Bommai Case (1994) reinforced the federal structure as
part of the basic structure. Kesavananda Bharati Case (1973) emphasized that the basic
structure includes federalism.

• Conclusion: India’s Constitution is a blended model. It incorporates a federal frame

work with a unitary tilt, designed to maintain unity in diversity while allowing
autonomy to states. This flexible federalism suits India’s vast diversity & historical
context.
 Unit – 2

Discuss the various constitutional provisions related to Admission or establishment of new

State. (2019)

• Introduction: Article 1 defines India as a “Union of States,” signifying its

indestructibility.

• Federalism: India’s quasi federal structure and its features.

• Power of Parliament under Articles 2: Power of parliament to admit new area into
the territory of India.

• Power of Parliament under Articles 3: Power of parliament

➢ Formation of new states,
➢ alter the boundary of state
➢ Increase and Diminish the Boundary
➢ Alteration of name

• Power to ceding Indian territory: The Berubari Case (1960) addressed the
constitutional process of ceding Indian territory to another country. The Supreme Court
ruled that such action requires constitutional amendment under Article 368.

• Conclusion
What is Citizenship Amendment Act, 2019? Discuss its implications. (2023)

• Introduction: The Citizenship Amendment Act, 2019 (CAA) amends the Citizenship
Act, 1955 to provide citizenship by naturalization to certain religious minorities
(Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) from Afghanistan, Bangladesh,
and Pakistan who entered India on or before 31st December 2014 due to religious
persecution.

• Key Provisions: Reduces residency requirement from 11 to 5 years for the specified
groups. Excludes Muslims, making religion a basis for citizenship for the first time. Not
applicable in Sixth Schedule tribal areas and states under the Inner Line Permit (ILP).

• Constitutional and Legal Issues: Alleged violation of Article 14 (Right to Equality)

due to religious discrimination. Challenges India's secular character under the basic
structure doctrine.
• Socio-Political Implications: Widespread protests, especially in Assam and Northeast
India, fearing violation of the Assam Accord (1985). Viewed as part of a larger political
project when seen alongside NRC, potentially excluding Muslims.

• Humanitarian and Strategic Rationale: Intended to offer protection to persecuted

minorities in theocratic neighbors. Aligns with India’s tradition of granting asylum
(e.g., to Tibetans, Sri Lankan Tamils). Government asserts it does not affect existing
citizens.

• Conclusion: CAA 2019 introduces a religion-specific approach to citizenship that has

stirred legal, political, and ethical debates. While it aims to protect vulnerable groups,
concerns remain about discrimination, secularism, and federal trust. Its constitutional
fate now rests with the Supreme Court.
On what grounds the Citizenship can be acquired and terminated? (2022, 2018)

• Introduction: Citizenship determines a person’s legal membership in a state. In India,

citizenship is governed by the Citizenship Act, 1955 (as amended), which provides for
the acquisition and termination of citizenship after the commencement of the
Constitution.

• Acquisition of Citizenship: Citizenship can be acquired in five ways under the

Citizenship Act, 1955:
1. By Birth [Section 3]:
2. By Descent [Section 4]:
3. By Registration [Section 5]:
4. By Naturalization [Section 6]:
5. By Incorporation of Territory [Section 7]:

• Termination of Citizenship: Citizenship can be terminated in three ways:

1. By Renunciation [Section 8]:
2. By Termination [Section 9]:
3. By Deprivation [Section 10]:

• Constitutional Provisions: Articles 5 to 11 of the Constitution define citizenship at the

commencement of the Constitution. Article 11 empowers Parliament to regulate
citizenship by law (leading to the Citizenship Act, 1955).

• Contemporary Issues: The CAA 2019 has amended naturalization provisions for
specific religious groups. Debates around NRC and citizenship documentation have
brought the legal framework under scrutiny.

• Conclusion: India’s citizenship laws provide clear mechanisms for acquisition and
termination while allowing for constitutional and legislative evolution. However, in
recent times, citizenship has become a contentious political and legal issue, making its
governance more complex.
Define the term State with the help of relevant case laws. (2019)

• Introduction

• Need to Define State: This broad definition ensures the applicability of fundamental
rights against the State and government bodies.

• State under Article 12: As per Article 12, the term "State" includes:
➢ the Government and Parliament of India,
➢ State Legislatures, and
➢ all local or other authorities within Indian territory or under government control.

• Cases related to Local Authority:

➢ Rajasthan State Electricity Board v. Mohan Lal (1967)
➢ Sukhdev Singh v. Bhagatram (1975)
➢ Ramana Dayaram Shetty v. International Airport Authority of India (1979)
➢ Ajay Hasia v. Khalid Mujib (1981)
➢ Pradeep Kumar Biswas v. Indian Institute of Chemical Biology (2002)

• Casses related to Other Authority:

➢ Union of India v. R.C. Jain (1981)

• Conclusion
Explain Equal Protection of Law and Equality before Law with various landmark cases.
(2024, 2022)
OR Explain ‘Right to Equality’ with the help of leading case laws. (2021)

• Introduction

• Right to Equality: Articles 14-18 guarantee the right to equality. Article 14 ensures
equality before the law and equal protection of laws.

➢ Equality Before Law: Inspired from UK, Rule of Law, Negative Concept
➢ Equal Protection of Law: Inspired by USA, Affirmative Action, Positive Concept

• Doctrine of Reasonable Classification

• Concept of Reservation

• Cases related to Right to Equality

➢ State of Madras v. Champakam Dorairajan
➢ E.P. Royappa v. State of Tamil Nadu (1974): Established the test of arbitrariness.
➢ Maneka Gandhi v. Union of India (1978): Broadened the interpretation of Article 14.
➢ State of West Bengal v. Anwar Ali Sarkar (1952)
➢ Indra Sawhney v. Union of India (1992): Upheld reservations for backward classes.
(Reservation)
➢ Ashok Kumar Thakur vs UOI (2008)

• Conclusion
What are the freedoms guaranteed under the Constitution. Examine the restriction upon
it. (2019)

• Introduction: The Constitution of India guarantees certain fundamental rights to all citizens
under Part III, and among the most vital of these are the freedoms guaranteed under Article
19(1). These freedoms form the foundation of a democratic polity.

• Freedoms Guaranteed Under Article 19(1): Article 19(1) guarantees six fundamental
freedoms to citizens:
➢ Freedom of Speech and Expression [Art. 19(1)(a)]: Includes right to express opinions
freely through speech, writing, printing, or other means. Covers freedom of the press, right
to silence (Bijoe Emmanuel case), and right to information (RTI Act derives legitimacy).
➢ Freedom to Assemble Peaceably and Without Arms [Art. 19(1)(b)]: Citizens have the
right to hold meetings, processions, demonstrations, etc. The assembly must be peaceful &
unarmed.
➢ Freedom to Form Associations or Unions [Art. 19(1)(c)]: Includes the right to form
political parties, clubs, societies, trade unions, etc. The right to strike is not a fundamental
right (B.R. Singh v. Union of India, 1990).
➢ Freedom to Move Freely throughout the Territory of India [Art. 19(1)(d)]: Citizens can
move freely within the country.
➢ Freedom to Reside and Settle in Any Part of India [Art. 19(1)(e)]: Citizens can reside
and settle anywhere in the country, ensuring national integration.
➢ Freedom to Practice Any Profession or to Carry on Any Occupation, Trade or Business
[Art. 19(1)(g)]: Guarantees economic freedom, subject to regulatory laws and public
interest.

• Reasonable Restrictions (Article 19(2) – 19(6)): The above freedoms are not absolute.
Article 19(2) to 19(6) empowers the State to impose reasonable restrictions on these rights
in the interest of:
➢ Article 19(2) (Speech & Expression): Sovereignty and integrity of India, Security of
the State, Friendly relations with foreign states, Public order, Decency or morality,
Contempt of court, Defamation, Incitement to an offence
➢ Article 19(3) (Assembly): Public order, Sovereignty and integrity of India
➢ Article 19(4) (Associations): Public order, Morality. Sovereignty and integrity of India
➢ Article 19(5) (Movement & Residence): Interest of the general public, Protection of
the interests of any Scheduled Tribe
➢ Article 19(6) (Profession/Trade/Business): Reasonable restrictions in public interest,
Prescribing professional or technical qualifications, Exclusion of monopolies or state-
run industries.

• Landmark Judgments:
➢ Romesh Thappar v. State of Madras (1950)
➢ Bennett Coleman & Co. v. Union of India (1973):
➢ Kameshwar Prasad v. State of Bihar (1962):
➢ S. Rangarajan v. P. Jagjivan Ram (1989):
➢ Bijoe Emmanuel v. State of Kerala (1986):
 ➢ Indian Express Newspapers v. Union of India (1985):
➢ Indian Medical Association v. Union of India (2011):
➢ State of Maharashtra v. Indian Hotel and Restaurants Association (2013):

• Conclusion: The freedoms guaranteed under Article 19 are essential for individual
liberty and democratic governance. However, these freedoms are subject to reasonable
restrictions to ensure the larger public interest, security, and integrity of the State.
 Is right to Die Included in Right to Life? Explain it with the help of Landmark cases.
(2024)
• Introduction: The Right to Life is guaranteed under Article 21 of the Indian Constitution.
It states: “No person shall be deprived of his life or personal liberty except according to
procedure established by law.”

• Constitutional Position: Define right to life

• Judicial Evolution on the Right to Die:

➢ P. Rathinam v. Union of India (1994): Supreme Court Held that “Right to Life” under
Article 21 includes the Right not to live, i.e., Right to Die. Decriminalized attempt to suicide
(Section 309 IPC), calling it cruel and irrational.
➢ Gian Kaur v. State of Punjab (1996): Constitution Bench of the Supreme Court (5 judges)
overruled P. Rathinam. It Held that Right to Die is not a part of Right to Life under Article
21. The right to die with dignity particularly in the case of a terminal illness or vegetative
state may be protected under Article 21.
➢ Aruna Ramachandra Shanbaug v. Union of India (2011): The SC distinguished between:
Active euthanasia & Passive euthanasia. It Laid down strict guidelines for passive euthanasia
(withdrawal of life-support). Did not recognize a general right to die.
➢ Common Cause v. Union of India (2018): Constitution Bench of The SC held that Right to
die with dignity is a fundamental right under Article 21. It Legalized passive euthanasia &
recognized the validity of living will. Reasoned that a dignified death is part of a dignified
life, especially in the case of terminally ill or permanently vegetative patients.

• Current Legal Position: Right to die (suicide) is not a part of Article 21. But, the Right to
die with dignity (through passive euthanasia) is protected under Article 21. The Mental
Healthcare Act, 2017, further decriminalizes attempted suicide, presuming the individual
needs care and treatment, not punishment. Under the new criminal law attempt to suicide is
no more a criminal offence.

Conclusion: While the Right to Life under Article 21 does not include an unfettered Right to
Die, the Right to die with dignity, especially in the context of terminal illness and end-of-life
care, is now constitutionally recognized. The jurisprudence has evolved from an absolutist view
of sanctity of life to a more humane and dignified approach respecting individual autonomy
and suffering.
 No Person shall be deprived of his life or personal liberty except according to the
procedure established by the law. Analyse the statement with the help of case law. (2018)
OR Explain the Rights associated with the Right to Life and Personal liberty with the
help of relevant case laws.

• Introduction: Article 21 guarantees protection of life and personal liberty.

• Meaning of Right to Life: Define article

• Early Interpretation of Article 21: A.K. Gopalan case and interpretation of Procedure
established by Law (Literal Interpretation).

• Effect of R.C. Cooper case and Maneka Gandhi Case: Golden Triangle Rule and expansion
of Article 21 and Due Process of Law. Cases:
➢ R.C. Cooper vs UOI – Golden Triangle Rule
➢ Maneka Gandhi v. Union of India (1978): Expanded the scope of personal liberty.

• Expansion of Personal Liberty: Different cases related to Personal Liberty

1. Right to Live with Human Dignity: Francis Coralie Mullin v. Administrator,
Union Territory of Delhi (1981)
2. Right to Privacy: Justice K.S. Puttaswamy v. Union of India (2017)
3. Right to Die with Dignity: Common Cause v. Union of India (2018)
4. Right to Livelihood: Olga Tellis v. Bombay Municipal Corporation (1985)
5. Right to Education (up to age 14): Unni Krishnan v. State of Andhra Pradesh
(1993)
6. Right against Solitary Confinement and Custodial Violence: Sunil Batra v.
Delhi Administration (1978)
7. Right to Speedy Trial: Hussainara Khatoon v. State of Bihar (1979)
8. Right to Free Legal Aid: Khatri v. State of Bihar (1981)
9. Right to Reputation: Subramanian Swamy v. Union of India (2016)
10. Right to Clean Environment: Subhas Kumar vs State of Bihar (1991)

• Conclusion
 Explain the Right of Religion. (2021)

• Introduction: The Right to Freedom of Religion is guaranteed under Articles 25 to 28 of the

Indian Constitution. India is a secular state, and the Constitution provides for equal treatment
of all religions, ensuring individual and group religious freedom.

• Article-wise Breakdown of Religious Rights: Article 25-28

Article 25: Freedom of Conscience and Free Profession, Practice and Propagation of
Religion: Every person has the right to freely profess, practice, and propagate religion.
Article 26: Freedom to Manage Religious Affairs: Rights of the religious denomination or
section to Establish, Manage and maintain institutions.
Article 27: Freedom from Taxation for Promotion of a Religion: No person shall be
compelled to pay any taxes for promotion or maintenance of a particular religion.
Article 28: Freedom from Religious Instruction in Educational Institutions: No religious
instruction shall be provided in state-funded educational institutions.
• Reasonable Restrictions on Religious Freedom: Religion-based rights are not absolute.
Restrictions can be imposed in the interest of:
➢ Public order
➢ Morality
➢ Health
➢ Other Fundamental Rights (e.g., right to equality)

• Key Judicial Pronouncements:

1. Commissioner, H.R.E. v. Lakshmindra (1954)
2. Bijoe Emmanuel v. State of Kerala (1986):
3. Shayara Bano v. Union of India (2017):
4. Indian Young Lawyers Association v. State of Kerala (2018) (Sabarimala case):

• Balancing Religious Freedom with Other Rights: The doctrine of “Essential Religious
Practices” is used by courts to determine what is protected under Article 25.

• Conclusion: The Right to Religion is a vital part of India’s secular and pluralistic framework.
However, it is not absolute, and its practice is subject to the constitutional morality and rule of
law.
 Mention and briefly explain the various writs issuable under the Indian Constitution.
Who may issue them. (2023) OR State the importance of Fundamental Right of
Constitutional Remedy. Under which circumstances it can be claimed? (2021)

• Introduction: Article 32 of the Indian Constitution guarantees the Right to Constitutional

Remedies, allowing individuals to directly approach the SC for the enforcement of
Fundamental Rights. Describe by Dr BR Ambedkar as the “heart and soul of the Constitution”.

• Importance of Right to Constitutional Remedies: Provides judicial enforcement of

Fundamental Rights. Acts as a check on arbitrary and unconstitutional actions by the State.
Empowers citizens to seek redressal against violations of their rights.

• Circumstances in Which It Can Be Claimed: When any Fundamental Right is violated by:
➢ Legislative action (e.g., unconstitutional law).
➢ Executive action (e.g., illegal detention).
➢ Administrative inaction (e.g., denial of a right or benefit).

• Writs That Can Be Issued and Their Circumstances:

1. Habeas Corpus: Meaning: “To have the body.” Issued when a person is illegally detained
or imprisoned without lawful justification. Ensures protection of personal liberty and freedom
from arbitrary arrest.
2. Mandamus: Meaning: “We command.” Issued to public officials, authorities, or
corporations directing them to perform a public duty imposed by law. Not applicable against
private individuals or entities.
3. Prohibition: Issued by a higher court to a lower court or tribunal, ordering it to stop
proceedings that are beyond its jurisdiction. Prevents judicial overreach or misuse of authority.
4. Certiorari: Meaning: “To be certified.” Issued to quash orders or decisions of lower courts,
tribunals, or quasi-judicial bodies made without or in excess of jurisdiction, or violating
principles of natural justice.
5. Quo Warranto: Meaning: “By what authority.” Issued to restrain a person from occupying
a public office which they are not legally entitled to hold. Ensures legality and transparency in
public appointments.

• Judicial Interpretation and Significance:

• Trilok Chand Motichand v. H.B. Munshi: Doctrine of Delay and Latches
• Daryao v. State of U.P. (1961): Writs under Articles 32 and 226 are complementary remedies.

• Conclusion: The Right to Constitutional Remedies is the cornerstone of Indian democracy,

ensuring that Fundamental Rights are not just theoretical but practically enforceable.
 Unit – 3

Fundamental Rights and DPSPs are Complementary to each other. Explain.

(2024, 2022, 2019)
Explain the Difference between Fundamental Rights and DPSPs. (2023)

• Introduction: The Indian Constitution provides for both Fundamental Rights (Part III)
and Directive Principles of State Policy (Part IV) to ensure a just, equitable, and
democratic society. While Fundamental Rights (FRs) are justiciable and enforceable by
courts, DPSPs are non-justiciable, yet fundamental in the governance of the country.

• Fundamental Rights: Definition and Significance: Enshrined in Articles 12 to 35. It

Protect the individual's liberties against state action. Civil and Political Rights. It
Include: Right to Equality, Freedom, Protection from Exploitation, Freedom of
Religion, Cultural and Educational Rights, and Right to Constitutional Remedies. It
Can be enforced in courts under Article 32 and 226.

• Directive Principles of State Policy: Definition and Significance: Enshrined in

Articles 36 to 51. DPSPs are Inspired by the Irish Constitution. It Aims to promote
social and economic democracy. DPSPs are basically based on Gandhian, Socialist and
Liberal & Intellectual Philosophy. It Includes principles like: equal pay for equal work,
living wage, free education, public health, uniform civil code, and protection of
environment and monuments. DPSPs cannot legally enforceable, but binding on the
state to guide lawmaking.

• Relationship and Complementarity between FRs and DPSPs

➢ Two Sides of the Same Coin: Fundamental Rights ensure civil and political justice,
while DPSPs promote socio-economic justice.
➢ Mutual Reinforcement: For eg. Article 21 (Right to Life) has been expanded by courts
to include rights from DPSPs—like right to livelihood, healthcare, clean environment,
education (21A).
➢ Judicial Interpretation:
▪ Minerva Mills v. Union of India (1980): Fundamental Rights and DPSPs are
not subordinate to one another but must be harmoniously constructed.
▪ Kesavananda Bharati Case (1973): Upheld the basic structure doctrine,
where both FRs and DPSPs are essential components.
▪ Olga Tellis v. Bombay Municipal Corporation (1985): Right to livelihood
interpreted under Article 21 using DPSPs.
• Constitutional and Legal Efforts to Harmonize: 42nd Amendment Act (1976),
44th Amendment (1978), Article 31C, Laws like Right to Education Act (2009) and
Food Security Act (2013) implement DPSPs while protecting FRs.
 • Conclusion: Fundamental Rights and Directive Principles are not opposing forces but
rather complementary instruments. While FRs provide the legal foundation for
individual freedom, DPSPs outline the path for collective welfare. For a vibrant
democracy, a balance between rights and duties, liberty and equality, and law and
justice is essential.
DIFFERENCE BEWEEN FR and DPDs (if asked)

Directive Principles of State Policy

Aspect Fundamental Rights (FRs)
(DPSPs)

Part of Constitution Part III (Articles 12 to 35) Part IV (Articles 36 to 51)

Nature Justiciable (enforceable by courts) Non-justiciable (not enforceable)

Ensure individual liberty and protect Guide the state to ensure socio-economic
Objective
from state action justice

Source Inspired by USA’s Bill of Rights Inspired by the Irish Constitution

Type of Obligation Negative obligation on State Positive obligation on State

Violation can be challenged in courts

Enforcement No legal remedy for non-implementation
(Art. 32, 226)

Equal pay, Free education, Uniform Civil

Examples Right to Equality, Freedom of Religion
Code
Explain the Directive Principles of the State Policy. (2021)

• Introduction: The Directive Principles of State Policy (DPSP) are guidelines or

principles laid down in Part IV (Articles 36 to 51) of the Indian Constitution. Inspired
by the Irish Constitution, they aim to establish a welfare state in India.

• Classification of DPSPs: Although the Constitution does not categorize them, they are
generally classified into three categories based on their content and philosophy:
A. Socialist Principles: These aim to achieve social and economic justice: Article 38, 39, 41,
42, 43
B. Gandhian Principles: These reflect Gandhiji’s ideals and focus on rural development:
Article 40, 43, 46, 47, 48
C. Liberal-Intellectual Principles: These are influenced by liberal principles: Article 44, 45,
48, 50, 51
• Importance and Utility:
➢ Moral Obligation
➢ Governance Guide
➢ Constitutional Harmony
➢ Judicial Recognition

• DPSPs and Fundamental Rights

➢ Initial Conflict
➢ Doctrine of Harmonious Construction
➢ Amendments

• Implementation Challenges
➢ Non-justiciable nature
➢ Resource constraints
➢ Contradictory Directives

• Conclusion: The DPSPs are essential in guiding India’s transformation into a just,
equitable, and humane society. They reflect the aspirational goals of the
Constitution and need to be actively pursued through progressive legislation and
policy-making.
“Fundamental Duties are not made enforceable by a writ of Court like Fundamental
Rights, but they are fundamental to the well-being of society and individuals.” Examine
(2023)

• Introduction: Fundamental Duties (FDs) are enshrined in Article 51A under Part
IV-A of the Constitution, added by the 42nd Constitutional Amendment Act, 1976,
based on the Swaran Singh Committee recommendations. There are 11
Fundamental Duties aimed at promoting civic responsibility, national unity, and
collective consciousness among citizens.

• Nature of Fundamental Duties:

➢ Moral and Ethical Obligations
➢ Non-Enforceability
➢ Fundamental for Society

• Importance to Society and Individuals:

➢ Promote National Integration and Unity
➢ Develop Scientific Temper and Spirit of Reform
➢ Environmental Protection
➢ Support for National Development
➢ Preservation of Cultural Heritage

• Judicial Interpretation and Indirect Enforcement: Though not directly enforceable,

courts have: used duties to interpret laws and justify certain restrictions on Fundamental
Rights. Example and Case Laws:
➢ Linked Duties with Reasonable Restrictions under Article 19(2) – e.g., Bijoe
Emmanuel v. State of Kerala (1986)
➢ Directed Government to Promote Duties – e.g., AIIMS Students’ Union v. AIIMS
(2001): SC noted that Fundamental Duties should not remain symbolic.
➢ Environmental Cases – M.C. Mehta v. Union of India invoked Article 51A(g) to
expand the doctrine of environmental protection.

• Role of the State in Promoting Duties

➢ Awareness Campaigns
➢ Inclusion in education curriculum.
➢ Legislation: e.g., Prevention of Insults to National Honour Act, 1971

• Criticism and Challenges

➢ Vague and Broad Wording
➢ Lack of Awareness
➢ Risk of Misuse

• Conclusion: Although not enforceable through courts, Fundamental Duties are integral
to the constitutional vision of a just and harmonious society. They complement
Fundamental Rights, and a balance between the two is vital for democratic functioning
and societal well-being.
 Unit – 4

Discuss a Detail note on the Power of President given by the Constitution of India. (2024,
2021)
OR Write an essay on Powers an Status of President in India. (2023)
OR Examine the constitutional status of the President of India. Can be with hold a
legislative bill passed by both the Houses of Parliament? (2022)

• Introduction: Under Article 52, there shall be a President of India. The President of
India is the constitutional head of the State and the supreme commander of the armed
forces.

• Classification of Powers of the President

➢ Executive Powers: Vested under Article 53: The executive power of the Union is
vested in the President. Appointments made by the President include:
o Prime Minister, Council of Ministers
o Governors of States
o Chief Justice and Judges of Supreme Court and High Courts
o Attorney General of India, Comptroller and Auditor General, Chief Election
Commissioner, etc.
➢ Legislative Powers: Summons and prorogues Parliament; can dissolve the Lok Sabha
[Article 85]. Addresses Parliament at the first session after each general election and at
the commencement of the first session each year [Article 87]. Nominates 12 members
to Rajya Sabha (from fields like literature, science, art, and social service). Promulgates
Ordinances when Parliament is not in session [Article 123].
Assent to Bills: Can give assent, withhold assent, or return a bill (except money bills)
for reconsideration [Article 111].
➢ Judicial Powers: Powers of pardon, reprieve, respite, remission, commutation or
suspension of punishment [Article 72]. President Can seek advice from the Supreme
Court on any question of law or fact of public importance [Article 143]. Appointment
of Judges

➢ Emergency Powers: Exercised during three types of emergencies:

▪ National Emergency [Article 352]
▪ President’s Rule in States [Article 356]
▪ Financial Emergency [Article 360]

➢ Diplomatic and Military Powers: Represents India in international affairs. Appoints

ambassadors and receives foreign dignitaries. Supreme Commander of the Defence
Forces [Article 53].
➢ Financial Powers: No money bill can be introduced without the President's
recommendation. Causes the Annual Financial Statement (Budget) to be laid before
Parliament [Article 112].

• Discretionary Powers: Although largely ceremonial, in certain circumstances the

President can act at his/her discretion:
➢ Appointment of Prime Minister when no clear majority in Lok Sabha.
➢ Dismissal of a Council of Ministers that has lost confidence.
➢ Returning a bill once for reconsideration.
➢ Reserving a bill for the President’s consideration (in case of state bills under Article
200).

• Conclusion: The President of India is a symbolic head with wide-ranging constitutional

powers, though real power rests with the Council of Ministers.
Qualification, Procedure of Election and impeachment of President in Detail. (2019)

• Introduction: The President of India is the constitutional head of the Union and the
supreme commander of the armed forces.

• Qualifications for Election as President (Article 58):

▪ Be a citizen of India.
▪ Have completed 35 years of age.
▪ Be qualified to be elected as a member of the Lok Sabha.
▪ Not hold any office of profit under the Union, State Government, or local bodies.
▪ Requires 50 proposers and 50 seconders from the Electoral College.

• Procedure of Election of the President: Conducted by Election Commission of India:

➢ Electoral College [Article 54]: Comprises:
▪ Elected members of both Houses of Parliament.
▪ Elected members of the Legislative Assemblies of States and UTs (Delhi, J&K &
Puducherry).

➢ Voting Method
▪ Proportional Representation with Single Transferable Vote (STV).
▪ Voting by secret ballot. Candidate must obtain majority (50%+1) of the total valid
votes (quota).

• Tenure & Re-election

▪ Term: 5 years from the date of assuming office [Article 56].
▪ Eligible for re-election any number of times.
▪ Can resign by writing to the Vice-President. Can continue until successor takes
charge, even after 5-year term expires.

• Impeachment of the President [Article 61]: President can be removed only for
“violation of the Constitution”. Only Parliament can impeach the President through a
special procedure. Procedure of Impeachment:
▪ Can begin in either House of Parliament. Requires 1/4th members of that House to
sign a notice.
▪ 14 days’ prior notice must be given.
▪ First Stage: House passes the impeachment resolution by 2/3rd majority of total
membership.
▪ Investigation: Second House investigates the charges. President has right to appear
and defend.
▪ Final Stage: If the second House also passes the motion by 2/3rd majority, the
President stands removed from office.

• Conclusion: The Constitution lays down strict eligibility, a federal and democratic
election process, and a rigorous removal mechanism. This ensures that the President
remains a neutral, dignified, and respected symbol of the Indian Republic.
Write a note on Ordinary Bill and Money Bill with Constitutional Provisions. (2024, 2021)
• Introduction: The Indian Constitution provides a detailed procedure for the passing of
Bills in the Parliament. Bills are broadly classified into different categories such as
Private Bill, Public Bill, Ordinary Bills and Money Bills based on their content and
legislative process.

• Ordinary Bill: An Ordinary Bill is one that deals with any matter other than financial
matters specified in Article 110.
➢ Key Features:
▪ Can be introduced in either House—Lok Sabha or Rajya Sabha.
▪ No prior recommendation of the President is required.
▪ Passage: Must be passed by both Houses with a simple majority.
▪ Presidential Assent: The President may give assent, withhold assent, or return the Bill.

• Money Bill: A Money Bill is defined under Article 110(1). It deals with issues like:
❖ Imposition or abolition of taxes
❖ Regulation of borrowing
❖ Custody and audit of Consolidated Fund or Contingency Fund
❖ Appropriation of money out of these funds
➢ Key Features:
▪ Can be introduced only in the Lok Sabha.
▪ Requires prior recommendation of the President.
▪ Rajya Sabha’s role is limited: It cannot amend or reject it—only recommendations
within 14 days.
▪ No joint sitting is allowed.
▪ Final assent: President must give assent.

• Key Differences (Tabular Summary)

Feature Ordinary Bill Money Bill

Introduction Either House Only in Lok Sabha

President's Recommendation Not required Required before introduction

Rajya Sabha's Power Equal legislative power Advisory only

Joint Sitting Permitted under Article 108 Not permitted

Article Governing Articles 107–111 Articles 109–110

• Conclusion: The distinction between Ordinary and Money Bills is a reflection of the
federal and parliamentary character of the Indian Constitution. While Ordinary Bills
reflect bicameral participation, Money Bills emphasize financial supremacy of the Lok
Sabha.
Discuss the Parliamentary Privileges available to the members of Parliament. (2022)

• Introduction: Parliamentary privileges are special rights, immunities, and exemptions

enjoyed by the Parliament and its members to ensure the effective discharge of
legislative functions.

• Constitutional Provisions: Article 105 & 194 provide the basis. Key Points:
➢ Freedom of Speech in Parliament (Art. 105(1)):
➢ Immunity from Court Proceedings (Art. 105(2)):
➢ Other Privileges: Governed by rules, laws made by Parliament, & conventions

• Types of Parliamentary Privileges:

Collective Privileges of the House
➢ Right to regulate internal proceedings.
➢ Power to punish for breach of privilege or contempt.
➢ Right to exclude strangers from proceedings.
➢ Right to publish debates and proceedings
➢ Immunity from judicial scrutiny
Individual Privileges of Members
➢ Freedom of speech in Parliament (not absolute, subject to rules of procedure).
➢ Exemption from jury service when Parliament is in session.
➢ Exemption from arrest: In Civil cases No arrest 40 days before and after the session but
No immunity in criminal cases.
➢ Right to receive information and notices relevant to legislative business.
➢ Immunity from appearing in court without the permission of the House.

• Judicial Interpretation & Limitations

➢ Keshav Singh’s case (1965)
➢ Raja Ram Pal v. Speaker (2007)
➢ PV Narasimha Rao v. State (JMM Bribery Case)
➢ Sita Soren vs Union of India

• Issues & Challenges

➢ Ambiguity in scope—many privileges not codified.
➢ Potential misuse—against media, judiciary, or dissenting members.
➢ Conflict with Fundamental Rights, especially Article 19(1)(a).
➢ Need for codification—recommended by several committees but remains pending.

• Recommendations: Need of the Codification of privileges to avoid arbitrariness.

Balance between legislative autonomy and constitutional supremacy.

• Conclusion: Parliamentary privileges are not personal benefits but tools to ensure
legislative efficacy. Must be exercised responsibly, in line with constitutional values
and democratic ethos.
Describe the organisation and functions of the Supreme Court of India. (2023) OR
Discuss the various types of jurisdiction of the Supreme Court of India. (2022, 2019) OR
Appellate Jurisdiction (2021)
Discuss the provisions related to the appointment of Judges of High Court. (2019)

• Introduction: The Supreme Court is the apex judicial body and its Structure.

• Appointment and Qualification of Judges: Article 124 and 4 judge cases

➢ First Judges Case (S.P. Gupta v. Union of India, 1981)

➢ Second Judges Case (Supreme Court Advocates-on-Record Association v. Union of
India, 1993)
➢ Third Judges Case (Re: Presidential Reference, 1998)
➢ Fourth Judges Case (Supreme Court Advocates-on-Record Association v. Union of
India, 2015)

• Powers and Jurisdication:

o Court of Record
o Original Jurisdiction: Disputes between Centre and States.
o Appellate Jurisdiction: Appeals from High Courts.(Civil, Criminal,
Constiutional)
o Special Leave Petition: Article 136
o Advisory Jurisdiction: Provides legal advice to the President.
o Writ Jurisdiction: Article 32
o Judicial Review: Article 13

• Conclusion
 Unit – 5

Discuss the Various powers and role of the Governor. (2024, 2019)
• Introduction: The Governor is the constitutional head of the state in India, appointed
by the President under Article 153. Acts as a vital link between the Centre and the State,
and performs functions analogous to the President at the state level.

• Constitutional Provisions: Articles 153 -162: Relate to the Governor’s appointment,

powers, and functions. Article 163: aid and advice of the Council of Ministers,

• Powers and Roles of the Governor

➢ Executive Powers: Appointments of CM and other officials.
➢ Legislative Powers: Summons, prorogues, and dissolves the State Legislature (Art.
174). Addresses the first session of the Legislative Assembly after elections and the first
session each year (Art. 176). Gives assent, withholds, reserves for President, or returns
a Bill for reconsideration (Art. 200). Promulgate ordinances under Article 213 when the
Legislature is not in session.
➢ Financial Powers
➢ Judicial Powers: Grants pardons, reprieves, respites, or remissions under Article 161.
➢ Discretionary Powers
▪ Appointment of CM when no party has clear majority.
▪ Dismissal of Council of Ministers if they lose majority.
▪ Sending report to the President recommending President’s Rule (Art. 356).
▪ Reservation of bills for the President’s consideration.
▪ Refusal to sign ordinance in exceptional cases.

• Role of the Governor

▪ Constitutional Head
▪ Crisis Manager
▪ Mediator between Centre and State
▪ Protector of the Constitution
▪ Chancellor of Universities

• Criticisms and Concerns

➢ Alleged misuse of discretionary powers for political motives.
➢ Partisan appointments and lack of political neutrality.
➢ No impeachment Procedure
➢ Conflict with elected governments—e.g., in matters of floor tests, Assent, etc.

• Judicial Interpretations & Reforms Suggested:

▪ S.R. Bommai case (1994)
▪ Punchhi Commission (2010)
▪ State of Tamilnadu vs Governor of Tamilnadu (2025)

• Conclusion: The Governor’s role is crucial for federal balance and constitutional
governance. Needs to function within constitutional boundaries, avoiding overreach.
Discuss the Organisation and Powers of State Legislature. (2023)

• Introduction: The State Legislature in India is the legislative organ at the state level,
structured similarly to the Parliament at the Centre. It plays a vital role in law-making,
budget approval, and government oversight. (Articles 168 to 212).

• Organisation of the State Legislature:

A. Types of Legislatures
▪ Unicameral – Only Legislative Assembly (Vidhan Sabha) – e.g., M.P., Punjab.
▪ Bicameral – Legislative Assembly (Lower House) + Legislative Council (Upper
House) – e.g., Uttar Pradesh, Bihar, Maharashtra, Karnatak, Andhra Pradesh, Telangana
(currently 6 states)
B. Composition
1. Legislative Assembly (Vidhan Sabha) – Article 170
2. Legislative Council (Vidhan Parishad) – Article 171
C. Presiding Officers
• Speaker and Deputy Speaker of the Assembly.
• Chairman and Deputy Chairman of the Council.

• Powers of the State Legislature

A. Legislative Powers
▪ Can make laws on: State List and Concurrent list
▪ Legislative procedure: Ordinary and Money Bill
B. Financial Powers: Annual Financial Statement (Budget) (Art. 202) and Money Bills.
C. Control Over Executive: Council of Ministers is collectively responsible to the Legislative
Assembly (Art. 164).
E. Other Functions

• Limitations on State Legislature: Governor can reserve Bills for President’s

consideration (Art. 200). Subject to judicial review and constitutional supremacy.
Cannot override central laws on Concurrent List.

• Conclusion
Describe the organisation and power of Council of Ministers in a State. (2023)

• Introduction: The Council of Ministers (CoM) at the state level is the real executive
authority, exercising powers in the name of the Governor. It functions under the
leadership of the Chief Minister and plays a central role in state administration.

• Constitutional Provisions
▪ Article 163: There shall be a Council of Ministers with the Chief Minister at the
head to aid and advise the Governor.
▪ Article 164: Provides for appointment, tenure, and responsibilities of Ministers.
▪ Collective responsibility to the State Legislative Assembly is a key feature.

• Organisation of the Council of Ministers:

A. Composition: The size of the CoM is limited to 15% of the total strength of the State
Legislative Assembly. It includes:
▪ Chief Minister: Head of the Council of Ministers
▪ Other Ministers: Cabinet Ministers, Ministers of State, Deputy Ministers.
B. Appointment and Tenure
▪ Appointed by the Governor on the advice of the CM. Hold office during the pleasure
of the Governor, which effectively means as long as they enjoy the confidence of
the Assembly.
▪ Must be a member of the state legislature; otherwise, must get elected within 6
months (Art. 164(4)).

• Powers and Functions of the Council of Ministers

➢ Executive Powers
➢ Legislative Powers
➢ Financial Powers
➢ Advisory Powers

• Collective and Individual Responsibility

▪ Collective Responsibility (Art. 164(2)): The CoM is jointly accountable to the
State Legislative Assembly.
▪ Individual Responsibility: Each minister is individually responsible for the
functioning of their department.

• Role of the Chief Minister: Acts as the head of the CoM. Communicates all decisions
of the CoM to the Governor (Art. 167).

• Conclusion: The Council of Ministers is the real executive authority at the state level.
It is central to the functioning of parliamentary democracy in the states.
Explain the Jurisdiction of the High Court under Indian Constitution. (2024)
OR Explain the Writ Jurisdiction of the High Court. (2021)

• Introduction: High court for each state. Currently 25 High Courts in India.

• Appointment and Qualification: Each state has a High Court, with a Chief Justice and
other judges. Appointment as per Article 217, Four Judges case:
➢ First Judges Case (S.P. Gupta v. Union of India, 1981)
➢ Second Judges Case (Supreme Court Advocates-on-Record Association v. Union of
India, 1993)
➢ Third Judges Case (Re: Presidential Reference, 1998)
➢ Fourth Judges Case (Supreme Court Advocates-on-Record Association v. Union of
India, 2015)

• Powers and Jurisdiction:

➢ Original Jurisdiction: Matters of fundamental rights.
➢ Appellate Jurisdiction: Civil and criminal appeals.
➢ Supervisory Jurisdiction: Over lower courts. (Article 227)
➢ Writ Jurisdiction: Issues writs for enforcement of rights. (Article 226)
➢ Judicial Review: Article 13

• High Courts writ Jurisdiction larger than Supreme Court: Comparison between
Article 226 and 32.

• Conclusion