CLAT PG Constitutional Law 2024: Your Comprehensive Guide!

Overview: Check out this handy guide on the Indian Constitution! Whether you're gearing up for the CLAT PG Exam or just curious about our nation's foundational document, here's a snapshot of its key features and some intriguing sample questions. Keep reading!

Are you intrigued by the backbone of India's legal system - the Indian Constitution?

This guide will simplify its core elements for you, from its foundational principles to the exciting career opportunities it presents. Dive in to explore the Indian Constitution's unique features and even test your knowledge with some sample questions.

Whether you're preparing for exams like the CLAT PG 2024 or simply a law enthusiast, this article is tailored just for you. Read on!

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 Salient Features of the Indian Constitution 

For those gearing up for the CLAT PG Constitutional Law 2024 examination, understanding the core features of the Indian Constitution is crucial. Let's delve into these features to ensure you're well-prepared:

1. Lengthiest Written Constitution

   • The Indian Constitution is the world's longest written constitution.
   • Consists of a Preamble, 25 Parts with 470 Articles, 12 Schedules, and 5 Appendices.
   • Example: The US Constitution has only 7 Articles, showcasing the detailed nature of the Indian counterpart.

2. Drawn from Various Sources

   • Inspired by several other constitutions worldwide.
   • Example: The concept of Fundamental Rights was drawn from the US Constitution.

3. Blend of Rigidity and Flexibility

   • Some parts can be easily amended, while others require a special procedure.
   • Example: Fundamental Rights can be amended but not in a way that violates its "basic structure."

4. Federal System with Unitary Bias

   • While states have powers, the Central Government retains superior powers.
   • Example: In case of a conflict between state and central laws, the central law prevails.

5. Parliamentary Form of Government

   • India has adopted the British parliamentary system.
   • The President is the ceremonial head while the Prime Minister is the actual head of the government.

6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy

   • The parliament has law-making supremacy.
   • The judiciary can declare laws unconstitutional if they violate the Constitution's basic structure.

7. Rule of Law

   • No one is above the law, ensuring fairness and justice.
   • Example: Even a government official can be sued for their actions.

8. Integrated and Independent Judiciary

   • Ensures protection of rights and adherence to the Constitution.
   • Supreme Court stands at the apex, followed by High Courts and subordinate courts.

9. Fundamental Rights

   • Essential rights guaranteed to every citizen.
   • Include right to equality, right to freedom, etc.

10. Directive Principles of State Policy

    • Set of guidelines for the central and state governments.
    • Though not enforceable, they are fundamental in governance.

11. Fundamental Duties

    • Duties every citizen should perform for the nation.
    • Example: Respecting the national anthem and flag.

12. Indian Secularism

    • All religions are treated equally.
    • The state doesn't favor any particular religion.

13. Universal Adult Franchise

    • Every citizen above 18 has the right to vote.
    • Ensures democratic participation.

14. Single Citizenship

    • Unlike some countries like the USA, India offers only one level of citizenship.
    • All citizens enjoy the same set of rights throughout the country.

15. Independent Bodies

    • Bodies like the Election Commission and CAG operate independently.
    • Ensures transparency and fairness.

16. Emergency Provisions

    • In crises, special powers are granted to the President.
    • Example: President's rule in states.

17. Three-tier Government

    • Division of powers among the center, state, and panchayats/municipalities.
    • Promotes decentralization.

18. Co-operative Societies

    • Promotes economic democracy.
    • People with common interests can form societies and enjoy state support.

A majority of questions come from the topics mentioned in the table given below:

History	Features	Doctrines of Constitutionalism
The Preamble	Citizenship (Article 5-11)	Articles 12-35 [Part III]  Inter-relation between   Article 14, 19, 21,   Article 352-360 [Emergency Provisions]
Fundamental Duties [Article 51-A]	Writs [Articles 32 and 226]	Directive principle of state policy [Part IV]
Parliament and its functions	Constitutional and Non-Constitutional bodies

 Previous Year Questions based on Constitutional Law 

Based on the CLAT PG exam previous year papers, we have curated a list of essential questions for your practice.

Practicing these questions will help you cover a large portion of the CLAT PG Syllabus as constitutional law holds a considerably good weightage in the exam.

Q1. Which one of the following is not formally considered as an amendment to the Constitution under Article 368?

a. Creation of new states
b. Change in the Preamble
c. Change in the Part IV A
d. Change in Part XII.
Answer: (a)

Q2. The fundamental right to form co-operative societies is provided under:

a. Article 19 (1)(c)
b. Article 21
c. Article 14
d. Article 51 A (j).
Answer: (a)

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Q3. Which of the following category of judges is not mentioned in the Constitution?

a. Acting Judge
b. Additional Judge
c. Ad hoc Judge
d. Puisne Judge.
Answer: (d)

Q4. The Ordinance making power of the President under the Indian Constitution is:

a. An Executive power
b. A legislative power
c. Quasi-legislative power
d. Quasi executive power.
Answer: (a)

Q5. Who was the Constitutional Advisor to the Constituent Assembly?

a. B N Rau
b. B R Ambedkar
c. Rajendra Prasad
d. K M Munshi.
Answer: (a)

Q6. The recent amendment to the Constitution of India paving way for 10% reservation for Economically Weaker sections was done by amending:

a. Article 14
b. Articles 15 and 16
c. Article 15
d. Article 338.
Answer: (b)

Q7. . How many amendments have been made to the Indian Constitution so far?

a. 102 
b. 103 
c. 106 
d. 101
Answer: (c)

Q8. Art. 141 of the Indian Constitution provides:

a. Law declared by it is not binding on High Courts
b. Law declared by the Supreme Court shall be binding on all courts within the territory of India
c. Advisory opinion may be given
d. Appeals from the High Court.
Answer: (b)

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Q9.  A seven-member bench of the Supreme Court unanimously struck down clauses 2(d) of Art.323 A and Clause 3(d) of Art 323B of the Constitution relating to tribunals which excluded the jurisdiction of High Court and Supreme Court. The court held that power of judicial review over legislative action is vested in the High Court under Art.226 and in the Supreme Court under Art.32. This is an integral part of the basic structure of the constitution. Name the case:

a. Chandra Kumar v. Union of India
b. Kihoto Hollohan v. Zachillhu
c. Nagaraj v. State of A.P.
d. Rajendra Singh Rana v. Swami Prasad Maurya.
Answer: (a)

Q10. The minimum number of judges of the Supreme Court who are to sit to decide any case involving a substantial question of law as to the interpretation of the Constitution shall be:

a. Three
b. Five
c. Seven
d. Nine.
Answer: (b)

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 Key Takeaways 

• The Indian Constitution stands as the supreme guiding force for the nation, detailing its principles, governance structures, and rights.
• Constitutional Law isn't just about strict legal rules but also includes conventions that are widely accepted without formal enactment.
• Aspiring legal professionals have vast career opportunities in the domain of Constitutional Law, given its significance and relevance.
• This article provides an overview of the salient features of the Indian Constitution, making it easier for readers to grasp its essence.
• Those prepping for the CLAT PG 2024 Exam can greatly benefit from the provided sample questions, which cover a substantial portion of the syllabus. Don't miss out on the free study material links and exam tips shared!