📚 Delhi PSC – General Awareness & Current Affairs
Constitution
(Advanced, MIT‑style treatment – first principles, rigorous reasoning, edge cases, and a challenging problem)
1. Introduction
- Constitution – the supreme statute that defines the nature, powers, functions, and limits of the state and its relationship with citizens.
- In India, the Constitution is a living document, drafted in 1949, adopted 26 January 1950, and amended 104 times as of 2024.
2. First Principles of Constitutional Law
| Principle | Why it Matters | Typical Consequence |
|---|---|---|
| Sovereignty | The state is the ultimate authority within its territory. | State may make and enforce laws. |
| Rule of Law | No one is above the law; laws are supreme. | Courts can review executive actions. |
| Separation of Powers | Prevents concentration of power. | Legislative, Executive, Judiciary operate independently. |
| Federalism | Power shared between central and states. | Union Parliament vs. State Legislatures. |
| Supremacy of the Constitution | All laws must conform. | Constitutional amendment is the only way to change it. |
| Fundamental Rights | Guarantees to citizens. | Courts enforce rights; can strike down laws. |
| Judicial Review | Courts interpret constitutionality. | Checks on executive & legislature. |
| Basic Structure Doctrine | Some features cannot be altered. | Limits amendment power. |
These principles form the logical scaffold upon which all constitutional provisions rest. Understanding them is essential for any constitutional analysis.
3. The Indian Constitution – A Structural Overview
Presented as a hierarchy of clauses, not a linear narrative.
3.1 Preamble
- Purpose: Declares the objectives – Sovereign, Socialist, Secular, Democratic, Republic.
- Legal Status: Not a “law” but a guiding principle; subject to judicial interpretation (e.g., Kesavananda Bharati).
3.2 Fundamental Rights (Part II, Articles 12–35)
| Category | Key Articles | Example | Judicial Interpretation |
|---|---|---|---|
| Equal Protection | 14 | No discrimination | Maneka Gandhi (constitutional interpretation of 14) |
| Right to Life & Personal Liberty | 21 | Right to privacy (104th Amendment) | Justice K.S. Puttaswamy v. Union of India |
| Freedom of Speech | 19 | Self‑expression | Shreya Singhal v. Union of India (PG and 21) |
| Religious Freedom | 25–28 | Freedom of worship | S. R. Bommai v. Union of India (secularism) |
| Property | 30 | Right to own property (abolished 1978) | — |
| Other Rights | 32–35 | Right to constitutional remedies, prohibition of untouchability, etc. | — |
3.3 Directive Principles of State Policy (Part IV, Articles 38–40, 44–51)
- Non‑justiciable: Not enforceable by courts but must guide law‑making.
- Interaction with Fundamental Rights: Kesavananda – Directive Principles may supersede rights if essential for policy (e.g., agrarian reforms).
3.4 Fundamental Duties (Part IVB, Articles 51–51A)
- Moral and civic obligations: e.g., respect the Constitution, promote harmony.
- Enforcement: Not enforceable; enforcement via political or moral pressure.
3.5 Union & State Powers (Part V–VIA)
| Division | Key Articles | Distinction |
|---|---|---|
| Legislative | 101–104 | Parliament can legislate on subjects in Union list; states on State list. |
| Executive | 74–78 | Union Government vs. State Governments. |
| Judicial | 94–122 | Supreme Court vs. High Courts. |
| Finance | 90–91 | Union vs. State taxation. |
3.6 Separation of Powers (Articles 52–123)
- Legislative: Congress (bicameral), State Legislatures.
- Executive: President, Vice‑President, Governors, PM, etc.
- Judicial: Supreme Court, High Courts, subordinate courts.
- Checks & Balances: e.g., President’s assent, executive’s power to dissolve legislature (under 52), etc.
3.7 Judicial Review (Article 13, 32, 131–145)
- Article 13: Laws inconsistent with Constitution are void.
- Article 32: Right to constitutional remedies (direct petition).
- **Article 131