Constitutional Law Notes for LLB 1st Year Students

Constitutional Law I covers the framework, fundamental rights and organs of the Indian Constitution. These notes map the core topics for 1st year LL.B. students.

Preamble and Basic Structure

The Preamble declares India a “Sovereign Socialist Secular Democratic Republic” (the words “Socialist” and “Secular” added by the 42nd Amendment, 1976). Kesavananda Bharati v. State of Kerala (1973) established the Basic Structure doctrine: Parliament’s constituent power under Article 368 cannot alter the Constitution’s basic structure, even by amendment.

Fundamental Rights (Part III)

Article 14 (equality before law and equal protection of laws), Articles 19(1)(a)-(g) (six freedoms, subject to reasonable restrictions under 19(2)-(6)), Article 21 (protection of life and personal liberty, read expansively post-Maneka Gandhi to include the right to live with dignity, privacy (K.S. Puttaswamy, 2017), and a range of unenumerated rights), and Articles 25-28 (freedom of religion) form the core of the fundamental rights examination.

Directive Principles (Part IV) and Fundamental Duties (Part IVA)

Article 37 makes DPSPs non-justiciable but “fundamental in the governance of the country.” Article 51A lists eleven fundamental duties added by the 42nd Amendment (1976) and the 86th Amendment (2002, duty regarding child education).

Writ Jurisdiction

Article 32 (Supreme Court) and Article 226 (High Courts) empower courts to issue five writs — habeas corpus, mandamus, prohibition, certiorari, and quo warranto — for enforcement of fundamental rights (and, under Article 226, for “any other purpose” as well, giving High Courts wider writ jurisdiction than the Supreme Court).

Union and State Executive

Article 74 makes the President bound by the aid and advice of the Council of Ministers headed by the Prime Minister; Article 163 creates a parallel structure for Governors and state Councils of Ministers.

Key exam questions to prepare

• Explain the Basic Structure doctrine with reference to Kesavananda Bharati.
• Scope of Article 21 after Maneka Gandhi and Puttaswamy.
• Difference between Article 32 and Article 226 writ jurisdiction.

More: all LL.B. subject notes