CLAT PG Constitutional Law 2025: Your Comprehensive Guide!

Overview: Explore the CLAT PG Constitutional Law 2025 Guide! Ideal for CLAT PG aspirants and anyone interested in the Indian Constitution, this guide covers key aspects and includes sample questions.

Continue reading to learn about the unique features of the Indian Constitution and test your knowledge. So. let's begin!

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Salient Features of the Indian Constitution

For those preparing for the CLAT PG Constitutional Law 2025 examination, understanding the core features of the Indian Constitution is crucial. Here’s a detailed look at these features to help you prepare effectively:

Lengthiest Written Constitution

• World’s Longest Constitution:

  • The Indian Constitution holds the record for being the longest written constitution globally. This length is due to the detailed nature and comprehensive coverage of various aspects of governance, rights, and duties.

• Detailed Structure:

  • Preamble: The introductory statement that outlines the guiding principles and philosophy of the Constitution.
  • 25 Parts: These parts cover various aspects of governance, such as the structure of the government, distribution of powers, fundamental rights, and duties.
  • 470 Articles: Each article deals with specific provisions related to law, government functioning, and citizens' rights and responsibilities.
  • 12 Schedules: These provide additional details and lists, such as allocation of powers between the union and states, and the official languages.
  • 5 Appendices: These include amendments, schedules, and other ancillary provisions.

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• Comparison:

  • To illustrate the detailed nature of the Indian Constitution, consider the US Constitution, which contains only 7 Articles. This stark contrast highlights how much more detailed and expansive the Indian Constitution is in comparison, reflecting the diverse and complex nature of Indian society and governance needs.

Drawn from Various Sources

• Global Inspirations:

  • The framers of the Indian Constitution looked at several other constitutions around the world to incorporate the best practices and principles. This approach helped create a robust and adaptable framework suitable for India's unique context.

• Example:

  • Fundamental Rights: One of the most significant inspirations came from the US Constitution. The concept of Fundamental Rights in India, which guarantees essential freedoms and rights to citizens, was adopted from the Bill of Rights in the US Constitution. This includes rights such as freedom of speech, equality before the law, and protection against discrimination.

Blend of Rigidity and Flexibility

• Amendment Procedures:

  • The Indian Constitution is designed to be both rigid and flexible. This means that while some parts can be amended relatively easily to adapt to changing times and needs, other parts require a more rigorous process to ensure stability and continuity.
  • Flexible Amendments: Certain provisions can be amended by a simple majority in Parliament, making it easier to implement necessary changes without extensive procedures.
  • Rigid Amendments: More critical parts, especially those affecting the federal structure or fundamental rights, require a special majority in Parliament and sometimes ratification by at least half of the state legislatures.

• Example:

  • Fundamental Rights: These rights can be amended, but any amendment must not alter the Constitution’s "basic structure." This principle was established by the Supreme Court to ensure that the core values and principles of the Constitution are preserved. For instance, amendments can be made to expand or specify these rights, but not to take away the essential freedoms guaranteed under these rights.

Federal System with Unitary Bias

• Division of Powers:

  • The Indian Constitution establishes a federal system, meaning that it divides powers between the central government and state governments.
  • States have their own powers and can make laws on certain subjects listed in the State List, such as police, public health, and agriculture.
  • However, the central government retains superior powers and can legislate on matters listed in the Union List, such as defense, foreign affairs, and atomic energy.

• Example:

  • Conflict Resolution: In cases where there is a conflict between state law and central law on a subject in the Concurrent List (where both states and the central government can legislate), the central law prevails. This ensures a unified legal framework and maintains the supremacy of central governance in critical matters.

Parliamentary Form of Government

• British Influence:

  • India has adopted the British parliamentary system, which ensures a democratic form of government with a clear division of roles between the head of state and the head of government.

• Roles:

  • President: Acts as the ceremonial head of the country. The President's role is largely symbolic and involves duties such as signing bills into law, representing India on state visits, and performing ceremonial functions.
  • Prime Minister: The actual head of the government who wields executive power. The Prime Minister leads the Cabinet, formulates policies, and runs the day-to-day affairs of the government. The Prime Minister is accountable to the Parliament.

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Synthesis of Parliamentary Sovereignty and Judicial Supremacy

• Law-Making Supremacy:

  • The Indian Parliament has the power to make laws on a wide range of subjects for the entire country. This legislative supremacy ensures that elected representatives can enact laws reflecting the will of the people.

• Judicial Review:

  • The judiciary, particularly the Supreme Court, has the power to review and strike down any law passed by Parliament if it violates the Constitution’s basic structure. This system of checks and balances ensures that the legislature does not overstep its boundaries and that fundamental constitutional principles are upheld.

Rule of Law

• Equality Before Law:

  • The principle of the rule of law is fundamental to the Indian legal system. It ensures that all individuals, regardless of their status, are subject to the same laws and legal procedures.
  • This principle promotes fairness, justice, and accountability within the society and government.

• Example:

  • Government Accountability: Even government officials and authorities are not above the law. For instance, if a government official abuses their power or violates the law, they can be sued and held accountable in a court of law. This ensures that justice prevails and public trust in the legal system is maintained.

Integrated and Independent Judiciary

• Judicial Hierarchy:

  • The Indian judiciary is independent and plays a crucial role in protecting the rights of citizens and ensuring justice. This independence is vital for maintaining the rule of law and preventing misuse of power by the other branches of government.

• Structure:

  • Supreme Court: At the top of the judicial hierarchy, the Supreme Court is the highest judicial authority in India. It has the ultimate appellate jurisdiction and the power to review laws and their constitutionality.
  • High Courts: Each state or group of states has a High Court, which is the highest judicial authority within its jurisdiction. High Courts handle appeals from lower courts and have original jurisdiction in certain cases.
  • Subordinate Courts: These include District Courts and other lower courts that handle civil and criminal cases at the district and local levels. They operate under the supervision of the High Courts.

Fundamental Rights

• Guaranteed Rights:

  • The Indian Constitution guarantees certain essential rights to every citizen, which are fundamental to their dignity and freedom. These rights ensure that individuals can live with freedom, equality, and respect.

• Includes:

  • Right to Equality: This right ensures that all individuals are treated equally before the law and prohibits discrimination on grounds such as religion, race, caste, sex, or place of birth.
  • Right to Freedom: This encompasses various freedoms, including freedom of speech and expression, assembly, association, movement, residence, and profession. These rights are vital for the personal and political freedom of citizens.

Directive Principles of State Policy

• Guiding Principles:

  • The Directive Principles are a set of guidelines for the central and state governments, aimed at establishing a just society. They cover various social, economic, and cultural goals that the state should strive to achieve.

• Non-enforceable:

  • Unlike Fundamental Rights, the Directive Principles are not enforceable by law. This means that individuals cannot approach the courts to enforce these principles. However, they are fundamental in the governance of the country and serve as a framework for creating policies and laws.

Fundamental Duties

• Citizen Responsibilities:

  • The Constitution outlines certain duties that every citizen should perform to contribute to the nation's well-being. These duties complement the rights provided to citizens and promote a sense of responsibility and civic duty.

• Example:

  • Respecting the National Anthem and Flag: One of the fundamental duties is to respect the national symbols, including the national anthem and flag. This duty fosters national pride and unity among citizens.

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Indian Secularism

• Equal Treatment of Religions:
  • Core Principle: Indian secularism ensures that all religions are treated equally by the state. The government does not favor or endorse any particular religion.
  • Non-Interference: The state maintains a neutral stance in religious matters, allowing individuals the freedom to practice, profess, and propagate any religion of their choice.
  • Examples:
    • Public holidays are recognized for festivals from various religions.
    • Religious freedom is protected under Article 25 of the Constitution, which ensures that all citizens have the right to freely practice their religion, subject to public order, morality, and health.

Universal Adult Franchise

• Voting Rights:
  • Inclusive Democracy: Every citizen of India who is 18 years of age or older has the right to vote, regardless of caste, religion, gender, or economic status. This universal adult franchise is a fundamental aspect of India’s democratic system.
  • Empowerment: This provision empowers citizens by giving them the right to participate in the electoral process and choose their representatives. It ensures that everyone has an equal say in the governance of the country.
  • Implementation:
    • Regular elections are held at various levels of government, including the central, state, and local levels.
    • The Election Commission of India conducts and supervises the electoral process to ensure free and fair elections.

Single Citizenship

• Uniform Rights:
  • One Nation, One Citizenship: Unlike some federal countries where individuals may hold dual citizenship (one at the national level and another at the state level), India offers only one level of citizenship. This means all Indians are citizens of the entire country, not just of a specific state or region.
  • Uniform Rights and Duties: Every citizen enjoys the same rights and is subject to the same duties across the country. This helps promote national unity and integration.
  • Examples:
    • Citizens can travel, work, and reside freely anywhere within India without any restrictions.
    • Rights such as the right to vote, the right to equality, and the right to education are uniformly available to all citizens.

Independent Bodies

• Transparency and Fairness:
  • Autonomous Institutions: The Indian Constitution establishes independent bodies like the Election Commission and the Comptroller and Auditor General (CAG) to ensure the integrity and accountability of public institutions.
  • Election Commission:
    • Responsible for administering election processes in India at both the national and state levels.
    • Ensures that elections are conducted fairly, transparently, and in accordance with the law.
    • Monitors election campaigns, voting procedures, and the counting of votes to prevent fraud and malpractice.
  • Comptroller and Auditor General (CAG):
    • Audits all receipts and expenditure of the Government of India and the state governments, including those of bodies and authorities substantially financed by the government.
    • Ensures that public funds are used efficiently and for the intended purposes.
  • Impact:
    • These bodies help maintain public trust in the democratic process and governmental accountability.
    • Their independence from the executive branch ensures that they can operate without undue influence or pressure.

Emergency Provisions

• Special Powers:

  • The Indian Constitution grants special powers to the President of India to handle emergencies. These provisions are designed to protect the sovereignty, unity, and integrity of the nation during times of crisis.
  • There are three types of emergencies that can be declared:
    • National Emergency: Can be declared in case of war, external aggression, or armed rebellion. During such times, the Central Government gains sweeping powers, and the normal functioning of state governments can be altered.
    • State Emergency (President's Rule): If a state government cannot function according to the provisions of the Constitution, the President can take over the state's administration. This is also known as President’s rule.
    • Financial Emergency: Can be declared if the financial stability or credit of India is threatened. During such an emergency, the Central Government can control state financial matters and reduce the salaries of government officials, including judges of the Supreme Court and High Courts.

• Example:

  • President’s Rule in States: This provision allows the President to assume direct control of a state if the Governor reports that the state government is not functioning according to the constitutional provisions. This means that the state legislature is either suspended or dissolved, and the state is administered directly by the central authority through the Governor.

Three-tier Government

• Decentralization:

  • The Indian Constitution promotes decentralization through a three-tier system of governance, which ensures that power is not concentrated at the central level alone but is distributed across different levels of government.
  • Centre: The Central Government is responsible for national-level policies and administration.
  • State: State Governments handle regional affairs and have their own legislative assemblies to make laws on subjects listed in the State List.
  • Panchayats/Municipalities: At the local level, Panchayats (in rural areas) and Municipalities (in urban areas) ensure that local governance is carried out effectively. This tier is crucial for addressing local issues and promoting grassroots democracy.

• Benefits:

  • This structure allows for better management of resources and more efficient administration as local governments are more aware of the specific needs and conditions of their areas.
  • It encourages citizen participation in governance, ensuring that decisions are made closer to the people they affect.

Co-operative Societies

• Economic Democracy:

  • The concept of co-operative societies in the Indian Constitution promotes economic democracy by enabling people with common interests to come together to form societies. These societies operate based on the principles of co-operation, mutual help, democratic decision-making, and open membership.
  • Co-operative societies can engage in various economic activities like agriculture, dairy farming, housing, and banking, among others.

• State Support:

  • The government supports these societies by providing necessary infrastructure, financial aid, and favorable policies. This support ensures that co-operative societies can function effectively and contribute to the economic development of their members and the community at large.
  • Example: Agricultural co-operative societies help farmers by providing them with access to better resources, fair prices for their produce, and financial assistance, thus enhancing their economic stability and growth.

These features form the backbone of the Indian Constitution and are vital for anyone preparing for the CLAT PG Constitutional Law 2025 exam.

Understanding these elements will provide a strong foundation for your studies and help you excel in the examination.

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

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Previous Year Questions Based on CLAT PG Constitutional Law 

Based on the CLAT PG exam previous year papers, we have curated a list of essential CLAT PG Constitutional Law 2025 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 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 categories 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 the 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. The law declared by the Supreme Court shall be binding on all courts within the territory of India
c. An 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 the High Court and Supreme Court. The court held that the 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)

Q11. Which Article of the Indian Constitution deals with the Right to Constitutional Remedies?

a. Article 32
b. Article 226
c. Article 21
d. Article 19
Answer: (a)

Q12. The concept of 'Judicial Review' in the Indian Constitution is borrowed from which country's constitution?

a. United Kingdom
b. United States of America
c. Canada
d. Ireland
Answer: (b)

Q13. Under which Article of the Indian Constitution can the President of India proclaim a Financial Emergency?

a. Article 352
b. Article 356
c. Article 360
d. Article 368
Answer: (c)

Q14. Which Schedule of the Indian Constitution deals with the allocation of seats in the Rajya Sabha?

a. First Schedule
b. Fourth Schedule
c. Sixth Schedule
d. Ninth Schedule
Answer: (b)

Q15. The 'Doctrine of Basic Structure' of the Indian Constitution was propounded in which landmark case?

a. Golaknath v. State of Punjab
b. Kesavananda Bharati v. State of Kerala
c. Minerva Mills Ltd. v. Union of India
d. Indira Nehru Gandhi v. Raj Narain
Answer: (b)

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 Key Takeaways 

• The Indian Constitution is the nation's supreme guiding force, detailing its principles, governance structures, and rights.
• CLAT PG Constitutional Law isn't just about strict legal rules and includes conventions 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 on CLAT PG Constitutional Law 2025 provides an overview of the Indian Constitution's salient features, helping readers grasp its essence.
• Those prepping for the CLAT PG 2025 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 that were shared!