Prabandh Logo
UPSC
Cheat Sheets

Ultimate Polity Cheat Sheet UPSC Prelims 2025

Last Updated

23rd April, 2025

Date Published

23rd April, 2025

Share This Post With Someone

Political Science Cheat Sheet

Want To Print The Cheat Sheet & Prepare On The Go?

The Constitution of India, as of May 1, 2024, provides the fundamental framework for the governance of the Indian Republic. This cheat sheet offers key points from each major provision to assist students preparing for competitive examinations.

Preamble - The Soul of the Constitution

Key Elements and Interpretations

  1. Core Philosophy: Declares India as a "SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC" with "JUSTICE, LIBERTY, EQUALITY, and FRATERNITY" as guiding principles.

o   'Socialist' and 'Secular' were added by the 42nd Amendment (1976).

o   Source of Constitution's authority: "We, the People of India"

  1. Four Pillars of the Preamble:

o   Justice: Social, economic, and political

o   Liberty: Of thought, expression, belief, faith, and worship

o   Equality: Of status and opportunity

o   Fraternity: Assuring dignity of individual and unity and integrity of the nation

  1. Constitutional History:

o   Adopted on: November 26, 1949 (Constitution Day)

o   Came into effect: January 26, 1950 (Republic Day)

o   The Preamble has been amended only once (42nd Amendment)

Part I: The Union and Its Territory (Articles 1-4)

Article 1: Name and Territory of the Union

  1. Official name: "India, that is Bharat" - recognizes both names constitutionally.
  2. Describes India as a "Union of States" rather than a "Federation" - emphasizing indestructible union with destructible states.
  3. The territory includes states, union territories, and acquired territories as specified in the First Schedule.

Article 2: Admission or Establishment of New States

  1. Empowers Parliament to admit new states into the Union with terms and conditions it deems appropriate.
  2. Gives flexibility to incorporate territories that were not part of India at Independence.
  3. Used to admit states like Sikkim (1975) through the 36th Amendment.

Article 3: Formation of New States and Alteration of Areas

  1. Parliament can create new states through separation or union of existing territories.
  2. President's recommendation required for introducing such bills.
  3. Affected state legislature must be consulted (but their consent is not binding).

Article 4: Laws Made Under Articles 2 and 3

  1. Laws altering state boundaries can make supplemental, incidental, and consequential provisions.
  2. Such laws are not considered constitutional amendments under Article 368.
  3. Parliament has exclusive power to make such territorial changes.

Part II: Citizenship (Articles 5-11)

Article 5: Citizenship at Commencement

  1. Defines who became citizens of India when the Constitution commenced on January 26, 1950.
  2. Requirements: Domicile in India + (Birth in India OR parent born in India OR 5+ years residence).
  3. Established the initial citizenship framework separate from colonial British subjecthood.

Articles 6-7: Rights of Migrants Between India and Pakistan

  1. Article 6: Special provisions for Pakistan migrants coming to India before July 19, 1948.
  2. Article 7: Persons who migrated to Pakistan after March 1, 1947, lost Indian citizenship.
  3. Addressed the unique citizenship challenges created by partition.

Articles 8-11: Other Citizenship Provisions

  1. Article 8: Persons of Indian origin residing abroad could register as citizens.
  2. Article 9: Voluntary acquisition of foreign citizenship leads to loss of Indian citizenship.
  3. Article 11: Parliament empowered to regulate citizenship matters - led to the Citizenship Act, 1955.

Part III: Fundamental Rights (Articles 12-35)

Article 12-13: General Provisions

  1. Article 12: "State" includes Government (Central/State), Parliament, Legislature, and all authorities under government control.
  2. Article 13: Laws inconsistent with fundamental rights are void to the extent of inconsistency.
  3. Acts as a safeguard against legislative overreach into fundamental rights.

Articles 14-18: Right to Equality

  1. Article 14: Equality before law and equal protection of laws within Indian territory.

o   Permits reasonable classification but prohibits class legislation.

o   Test of reasonable classification: Intelligible differentia + Rational nexus with objective.

  1. Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.

o   Allows special provisions for women, children, and socially/educationally backward classes.

o   Enables reservation policies for advancement of backward classes.

  1. Article 16: Equality of opportunity in public employment.

o   Permits reservations for backward classes in public employment.

o   State can prescribe residence requirement for certain state positions.

  1. Article 17: Abolition of untouchability and prohibition of its practice in any form.

o Led to Protection of Civil Rights Act, 1955 and SC/ST Prevention of Atrocities Act, 1989.

  1. Article 18: Abolition of titles except military and academic distinctions.

o   Prohibits citizens from accepting foreign titles without consent of President.

Articles 19-22: Right to Freedom

  1. Article 19: Six freedoms guaranteed to citizens:

o   Speech and expression

o   Assembly peacefully without arms

o   Association or unions

o   Free movement throughout India

o   Residence and settlement

o   Practice any profession or occupation

o   Each subject to reasonable restrictions specified in clauses (2) to (6).

  1. Article 20: Protection against ex-post facto laws, double jeopardy, and self-incrimination.

o   No retrospective criminalization of acts

o   No prosecution or punishment twice for the same offense

o   No compulsion to be a witness against oneself

  1. Article 21: Protection of life and personal liberty.

o   Expanded by judiciary to include right to privacy, dignified life, clean environment, etc.

o   Most dynamically interpreted fundamental right by Supreme Court.

  1. Article 21A: Right to free and compulsory education for children aged 6-14 years.

o   Added by 86th Amendment Act, 2002.

o   Implemented through Right to Education Act, 2009.

  1. Article 22: Protection against arbitrary arrest and detention.

o   Right to be informed of grounds of arrest

o   Right to legal counsel

o   Production before magistrate within 24 hours

o   No detention beyond 24 hours without magistrate's authority

o   Special provisions for preventive detention laws

Articles 23-24: Right Against Exploitation

  1. Article 23: Prohibition of traffic in human beings, forced labor, and similar practices.

o   Led to Bonded Labour System (Abolition) Act, 1976.

  1. Article 24: Prohibition of employment of children below 14 years in factories, mines, or hazardous work.

o   Supplemented by Child Labour (Prohibition and Regulation) Act, 1986.

Articles 25-28: Right to Freedom of Religion

  1. Article 25: Freedom of conscience and free profession, practice, and propagation of religion.

o   Subject to public order, morality, health, and other fundamental rights.

o   Allows state regulation of economic, financial, political activities associated with religion.

  1. Article 26: Freedom to manage religious affairs including establishing institutions.

o   Right to establish/maintain institutions for religious and charitable purposes.

o   Right to manage own affairs in matters of religion.

  1. Article 27: Freedom from taxation for promotion of any religion.

o   Ensures secular use of tax money.

  1. Article 28: Freedom from religious instruction in state-funded educational institutions.

o   Educational institutions wholly maintained by state shall provide no religious instruction.

o   Religious instruction permitted in institutions receiving partial state aid with consent.

Articles 29-30: Cultural and Educational Rights

  1. Article 29: Protection of interests of minorities.

o   Right of any section of citizens to conserve distinct language, script, or culture.

o   No denial of admission to state-maintained or aided institutions on grounds of religion, race, caste, or language.

  1. Article 30: Right of minorities to establish and administer educational institutions.

o   Religious and linguistic minorities can establish and administer educational institutions.

o   State shall not discriminate in granting aid to such institutions.

Article 32: Right to Constitutional Remedies

  1. Right to move Supreme Court for enforcement of fundamental rights.
  2. Supreme Court empowered to issue directions, orders, or writs (habeas corpus, mandamus, prohibition, quo warranto, certiorari).
  3. Described by Dr. Ambedkar as "the heart and soul of the Constitution."

Part IV: Directive Principles of State Policy (Articles 36-51)

General Characteristics (Articles 36-37)

  1. Not enforceable by courts but fundamental in governance and lawmaking.
  2. Aim to establish a welfare state and socio-economic democracy.
  3. Provide constitutional basis for legislation promoting social welfare.

Socio-Economic Justice Principles (Articles 38-39A)

  1. Article 38: State to secure social order for welfare, minimizing inequalities.
  2. Article 39: Six principles including adequate livelihood, equitable distribution of resources, equal pay for equal work.
  3. Article 39A: Equal justice and free legal aid for the poor (added by 42nd Amendment).

Worker Welfare Principles (Articles 41-43B)

  1. Article 41: Right to work, education, and public assistance in cases of need.
  2. Article 42: Just working conditions and maternity relief.
  3. Article 43: Living wage and decent standard of life for workers.
  4. Article 43A: Worker participation in management of industries.
  5. Article 43B: Promotion of cooperative societies.

Social Reform Principles (Articles 44-48A)

  1. Article 44: Uniform civil code throughout India's territory.
  2. Article 45: Early childhood care and education until age six.
  3. Article 46: Educational and economic interests of weaker sections, especially SC/STs.
  4. Article 47: Duty to raise nutrition, living standards, and public health; prohibition of intoxicants.
  5. Article 48: Organization of agriculture and animal husbandry; prohibition of cow slaughter.
  6. Article 48A: Protection of environment and wildlife.

Governance Principles (Articles 49-51)

  1. Article 49: Protection of monuments and places of historic importance.
  2. Article 50: Separation of judiciary from executive.
  3. Article 51: Promotion of international peace, security, and respect for international law.

Part IVA: Fundamental Duties (Article 51A)

Article 51A: Duties of Every Citizen

  1. Added by 42nd Amendment Act, 1976, inspired by USSR Constitution.
  2. Not enforceable by courts but can be promoted through legislation.
  3. Key duties include:

o   Respect the Constitution, national flag, and national anthem

o   Cherish and follow ideals of freedom struggle

o   Uphold India's sovereignty, unity, and integrity

o   Defend the country when called upon

o   Promote harmony and brotherhood transcending diversities

o   Preserve rich heritage of composite culture

o   Protect environment and wildlife

o   Develop scientific temper and spirit of inquiry

o   Safeguard public property and abjure violence

o   Strive for excellence in all spheres

o   Provide educational opportunities to children aged 6-14 (added by 86th Amendment)

Part V: The Union (Articles 52-151)

The President (Articles 52-62)

  1. Election and Qualification:

o   Elected by an electoral college (MPs and MLAs) through proportional representation.

o   Must be an Indian citizen, 35+ years, qualified for Lok Sabha membership.

o   Term of 5 years, eligible for re-election, can resign to Vice-President.

  1. Powers:

o   Executive: All executive actions in President's name, Supreme Commander of Armed Forces.

o   Legislative: Summons Parliament gives assent to bills, issues ordinances.

o   Financial: No money bill without recommendation, contingency fund at disposal.

o   Judicial: Power to grant pardons, reprieves, remissions of punishment.

o   Emergency Powers: National, State (President's Rule), Financial emergency.

  1. Removal:

o   Impeachment for "violation of Constitution" initiated by either House.

o   Requires 1/4 members' notice, 2/3 majority of total membership of originating House, and approval by second House.

Vice-President (Articles 63-73)

  1. Elected by members of both Houses of Parliament through proportional representation.
  2. Ex-officio Chairman of Rajya Sabha.
  3. Acts as President during vacancy and performs functions during President's inability.
  4. Can be removed by Rajya Sabha resolution (majority) agreed to by Lok Sabha.

Council of Ministers (Articles 74-75)

  1. Composition and Appointment:

o   Prime Minister appointed by President; other ministers on PM's advice.

o   Three categories: Cabinet Ministers, Ministers of State, Deputy Ministers.

  1. Constitutional Provisions:

o   President acts on aid and advice of Council of Ministers led by Prime Minister.

o   Collective responsibility to Lok Sabha.

o   Minister must be or become MP within 6 months.

o   Prime Minister is the link between President and Council of Ministers.

  1. Removal:

o   Individual minister: By President on PM's advice.

o   Entire Council: By Lok Sabha's no-confidence motion.

Parliament (Articles 79-122)

Structure and Composition

  1. Composition:

o   Lok Sabha: Max 552 members (530 from states, 20 from UTs, 2 nominated Anglo-Indians (Anglo Indians now not nominated)).

o   Rajya Sabha: Max 250 (238 state representatives, 12 presidential nominees).

  1. Term and Sessions:

o   Lok Sabha: 5 years, can be dissolved earlier.

o   Rajya Sabha: Permanent house, 1/3 members retire every 2 years.

o   Three sessions generally held annually: Budget, Monsoon, Winter.

Parliamentary Procedure

  1. Legislative Process:

o   Ordinary bills can originate in either House.

o   Money bills only in Lok Sabha; Rajya Sabha has limited powers (14 days to recommend).

o   President can return bill once for reconsideration; must assent if passed again.

o   Joint sitting to resolve deadlocks (except money bills and constitutional amendments).

  1. Financial Control:

o   Annual Budget presented to Parliament.

o   Demands for Grants voted only in Lok Sabha.

o   Appropriation Bill necessary to withdraw money from Consolidated Fund.

o   Public Accounts Committee and Estimates Committee scrutinize expenditure.

Supreme Court (Articles 124-147)

  1. Composition and Appointment:

o   Chief Justice of India and up to 33 other judges.

o   Appointment by President in consultation with Collegium.

o   Qualifications: Citizen, 10 years High Court judge or 10 years advocate or distinguished jurist.

  1. Jurisdiction:

o   Original: Federal disputes between governments, fundamental rights enforcement.

o   Appellate: Appeals from High Courts in constitutional, civil, criminal matters.

o   Advisory: Presidential references on questions of law/fact.

o   Review: Power to review its own judgments.

  1. Independence:

o   Judges hold office until 65 years of age.

o   Removal only by impeachment (proven misbehavior/incapacity).

o   Salaries and expenses charged on Consolidated Fund.

o   Conduct of judges cannot be discussed in Parliament except during impeachment.

Comptroller and Auditor General (Articles 148-151)

  1. Guardian of public purse and chief auditor of government accounts.
  2. Appointed by President; holds office for 6 years or until 65 years of age.
  3. Can be removed only by parliamentary impeachment process like judges.
  4. Reports to President/Governor who place them before Parliament/State Legislature.

Part VI: The States (Articles 152-237)

Governor (Articles 153-163)

  1. Appointment and Term:

o   Appointed by President, holds office during President's pleasure.

o   Usually 5-year term; can be transferred or removed earlier.

o   Qualifications: Indian citizen, 35+ years, not holding office of profit.

  1. Powers:

o   Executive: All executive actions in Governor's name, appoints CM and Council of Ministers.

o   Legislative: Summons/prorogues assembly dissolves legislative assembly, issues ordinances.

o   Financial: Annual financial statement laid before legislature with Governor's recommendation.

o   Judicial: Power to pardon, remit, commute sentences in state offenses.

o   Discretionary: CM appointment when no clear majority, dismissal of state government, President's Rule recommendation.

  1. Constitutional Position:

o   Nominal head of state government.

o   Acts both as a state functionary and as a Center's agent.

o   Has both constitutional and situational discretion.

State Council of Ministers (Articles 163-164)

  1. Chief Minister appointed by Governor; other ministers appointed on CM's advice.
  2. Collectively responsible to the Legislative Assembly.
  3. CM is the head of government, chief advisor to Governor, and chairman of cabinet.
  4. Like Union Council regarding membership requirements and oath.

State Legislature (Articles 168-212)

  1. Structure:

o   Unicameral (Assembly only) or Bicameral (Assembly and Council).

o   Legislative Assembly (Vidhan Sabha): Directly elected, 5-year term.

o   Legislative Council (Vidhan Parishad): Indirectly elected/nominated, 1/3 members retire every 2 years.

  1. Composition:

o   Assembly: 60-500 members based on population.

o   Council: Not more than 1/3 of Assembly members (minimum 40).

  1. Legislative Process:

o   Like Parliament with Governor replacing President.

o   Money bills originate only in Assembly.

o   No joint sitting provision in case of deadlock.

  1. Powers and Privileges:

o   Exclusive power over state subjects (List II).

o   Concurrent jurisdiction over subjects in List III.

o   Members enjoy freedom of speech and immunity from proceedings in courts.

Part VII-XXII: Other Important Provisions

Emergency Provisions (Articles 352-360)

  1. National Emergency (Article 352):

o   Proclaimed due to war, external aggression, or armed rebellion.

o   Approved by Parliament within one month; can be extended indefinitely with approval every 6 months.

o   Effects: Union can give directions to states; fundamental rights under Articles 19, 20, and 21 can be suspended.

  1. State Emergency/President's Rule (Article 356):

o   Imposed if state government cannot function according to constitutional provisions.

o   Approved by Parliament within 2 months; can extend up to 3 years.

o   Effects: President assumes all governor's functions; Parliament legislates for the state.

  1. Financial Emergency (Article 360):

o   Proclaimed if financial stability or credit of India/any part is threatened.

o   Never imposed so far.

o   Effects: Union can give financial directions to states; salaries of officials can be reduced.

Amendment of the Constitution (Article 368)

  1. Three Types of Amendments:

o   Simple Majority: Changes in admission/creation of states, Second Schedule, quorum, etc.

o   Special Majority: Most provisions - passed by 2/3 majority of members present and voting in each House.

o   Special Majority plus State Ratification: Federal provisions - additionally ratified by at least half of state legislatures.

  1. Limitations on Amendment Power:

o   Basic Structure doctrine (Kesavananda Bharati case, 1973) limits Parliament's power.

o   Essential features cannot be amended: Secularism, federalism, democracy, judicial review, etc.

Special Provisions for Certain States (Articles 370-371J)

  1. Article 370: Special status for Jammu and Kashmir (substantially modified in 2019).
  2. Articles 371, 371A-371J: Special provisions for Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka.
  3. Provide for special protection of cultural identity, customary laws, land rights, and development.

Schedules of the Constitution (12 Schedules)

  1. First Schedule: List of States and Union Territories.
  2. Second Schedule: Salaries of high constitutional functionaries.
  3. Third Schedule: Forms of Oaths and Affirmations.
  4. Fourth Schedule: Allocation of seats in the Rajya Sabha.
  5. Fifth Schedule: Administration of Scheduled Areas and Tribes.
  6. Sixth Schedule: Administration of Tribal Areas in northeastern states.
  7. Seventh Schedule: Union List (97 subjects), State List (66 subjects), Concurrent List (47 subjects).
  8. Eighth Schedule: 22 recognised languages.
  9. Ninth Schedule: Acts and Regulations protected from judicial review (added by 1st Amendment).
  10. Tenth Schedule: Anti-defection provisions (added by 52nd Amendment).
  11. Eleventh Schedule: 29 subjects for Panchayats (added by 73rd Amendment).
  12. Twelfth Schedule: 18 subjects for Municipalities (added by 74th Amendment).

Conclusion

The Constitution of India is a living document that has evolved through 106 amendments (as of May 2024) while maintaining its basic structure and core principles. It balances power between the Union and States, guarantees fundamental rights, and provides a framework for governance. Understanding these provisions is crucial for competitive examinations, as questions frequently test candidates' knowledge of constitutional provisions, amendments, and landmark Supreme Court interpretations.

This cheat sheet offers a starting point for deeper exploration of constitutional concepts. Students are encouraged to supplement this with case law studies and understand how these provisions operate in practice through governance systems and judicial interpretations that continue to shape India's constitutional journey. 

Landmark Judgments in India: A Structured Analysis for Competitive Examinations

Criminal Law Landmark Judgments

Due Process and Arrest Procedures

  1. Arnesh Kumar vs State of Bihar (2014)

o Ruling: Mandated guidelines to prevent automatic arrests under Section 498A IPC, requiring police to conduct preliminary investigations before arresting accused in dowry cases.

o Impact: Reduced misuse of anti-dowry laws while protecting women's rights.


  1. D.K. Basu vs State of West Bengal (1997)

o Ruling: Established 11-point safeguards against custodial torture, including mandatory arrest memos and medical examinations.

o Constitutional Basis: Upheld Article 21's right to life and dignity.

  1. Joginder Kumar vs State of UP (1994)

o Principle: Arrests require justifiable reasons documented in writing, curbing arbitrary police actions.

Sentencing and Death Penalty

  1. Bachan Singh vs State of Punjab (1980)

o   Doctrine: Introduced the "rarest of rare" standard for capital punishment, requiring special reasons for death sentences.

o   Test: Balance between crime's brutality and criminal's socio-psychological background.

  1. Mithu vs State of Punjab (1983)

o   Holding: Struck down mandatory death penalty under Section 303 IPC as unconstitutional.

Witness Protection and Fair Trial

  1. Zahira Habibullah Sheikh vs State of Gujarat (2006)

o   Directive: Established witness protection guidelines and condemned witness intimidation in the Best Bakery case.

o   Reform: Inspired Witness Protection Scheme, 2018.

  1. Nirbhaya Case (Mukesh & Anr vs NCT Delhi, 2017)

o   Outcome: Affirmed death penalty for gang rape perpetrators, prompting Criminal Law Amendment Act, 2013.

Constitutional Law Transformative Judgments

Basic Structure Doctrine

  1. Kesavananda Bharati vs State of Kerala (1973)

o   Landmark: Parliament cannot amend the Constitution's basic structure (secularism, federalism, judicial review).

o   Impact: Served as check on arbitrary constitutional amendments.

  1. Indira Gandhi vs Raj Narain (1975)

o   Application: Invalidated election law amendments violating free elections' basic structure during Emergency.

Privacy and Individual Rights

  1. Justice K.S. Puttaswamy vs Union of India (2017)

o   Holding: Recognised privacy as fundamental right under Article 21.

o   Implications: Nullified Aadhaar Act provisions violating privacy.

2.     Navtej Singh Johar vs Union of India (2018)

o   Reform: Decriminalised consensual same-sex relations under Section 377 IPC.


Civil Law Milestones

Family Law Reforms

  1. Shah Bano Case (1985)

o Controversy: Granted maintenance to divorced Muslim women under Section 125 CrPC, prompting Muslim Women Act, 1986.

  1. Joseph Shine vs Union of India (2018)

o Verdict: Struck down adultery law (Section 497 IPC) as violating gender equality[1].

Environmental Jurisprudence

  1. M.C. Mehta vs Union of India (1987)

o Precedent: Introduced absolute liability principle for industries causing environmental harm.

  1. Vellore Citizens Welfare Forum vs Union of India (1996)

o Doctrine: Established "Polluter Pays" principle as part of environmental law.

Three-Pillar Approach to Case Studies

  1. Factual Matrix

o Identify parties, disputed legal provisions, and procedural history.

  1. Ratio Decidendi

o Extract the court's binding legal reasoning, distinguishing from obiter dicta.

  1. Societal Impact

o Evaluate amendments triggered, policy changes, and human rights implications.

Mnemonic Devices for Retention

· Bachan Singh's 3R: Rarest of Rare + Reasons Recorded + Reforms Considered

· DK Basu's 4A: Arrest Memo, Attorney Intimation, Arrestee's Relative Alert, Annual Audit

Conclusion: Synoptic View of Judicial Evolution

This structured analysis demonstrates how landmark judgments have shaped India's legal landscape through:

  1. Expansion of Fundamental Rights (Privacy in Puttaswamy, Gender Justice in Navtej Johar)
  2. Procedural Safeguards (Arrest protocols in Arnesh Kumar, Witness protection in Zahira Sheikh)
  3. Doctrinal Foundations (Basic structure in Kesavananda, Environmental principles in M.C. Mehta)

For examination preparation, focus on the interplay between constitutional provisions (e.g., Article 14/19/21) and judicial interpretations that transformed abstract rights into enforceable guarantees. Regular mapping of cases to recent amendments (e.g., Criminal Law Amendments post-Nirbhaya) will enhance answer depth.


Judgement has two parts: Obiter Dicta and Ratio Decidendi

●    Obiter Dicta – The laws or precedents based on which the verdicts by the Courts are pronounced. These are the binding parts of the Judgements.

●    Ratio Decidendi – Judicial Opinion expressed by the Bench during the pronouncement of the Judgement. It is the non-binding part of the Judgement.

Preamble

Case Law

Key Findings & Judgement

Re Berubari vs UOI 1960 

●    Exchange of Conclaves between India & East Pakistan.

●    Preamble is not a part of the Constitution and is not enforceable in the Court of Law

●    Preamble acts as a preface and can be evoked when the Language of the Constitution is ambiguous.

Kesavananda Bharati vs State of Kerala 1973

●    The Preamble is a part of the Constitution.

●    The Preamble can be used to interpret the Constitution.

●    Laid Down the Basic Structure Doctrine.

●    Basic Structure not defined in the Constitution.   

Constitutionalism and Rule of Law

Case Law

Key Findings & Judgement

I.R. Coelho vs State of Tamil Nadu 2007

●    Article 31–B was in Question which was added by the 1st Constitution Amendment Act which prohibited the 9th Schedule from Judicial Review.

●    Any law in conflict with Articles– 14, 19 & 21 will come under the purview of Judicial Review 

●    Basic Structure Doctrine and Supremacy of Judiciary was upheld

Navtej Singh Johar vs UOI 2018

●    Same sex relations between consenting adults was decriminalised 

●    It applied to all citizens and was not limited just to the LGBTQ community only

Basic Structure Doctrine

Case Law

Key Findings & Judgement

Shankari Prasad vs UOI 1951

●    The 1st Constitutional Amendment was upheld

●    Parliament had the complete authority to amend any part of the Constitution including the Fundamental Rights 

●    Term Law (Article–13) includes the power to amend the constitution (Article–368)

●    Established Parliamentary Superiority over the Judiciary 

●    Laid down doctrine of Harmonious Construction

Golaknath vs State of Punjab 1967

●    Fundamental Rights are sacrosanct and cannot be amended

●    Term Law (Article–13) does not include the power to amend the constitution (Article–368)            

Kesavananda Bharati vs State of Kerala 1973

●    Amendment Powers of the Constitution are not unlimited.

●    The Parliament cannot amend the basic structure of the constitution

●    Article–31 C added by the 24th Constitutional Amendment overrides the Power of Judicial Review and the second part of Article–31 C was declared void    

Indira Gandhi vs Raj Narain 1975 

●    39th Constitutional Amendment (election dispute regarding the PM cannot be taken up by the SC) was declared void.

●    Basic Structure Principle was firmly established

●    Democracy and Rule of Law formed a part of the Basic Structure Doctrine        

Minerva Mills Ltd. vs UOI 1980 

●    Amending power under Article–368 is not absolute

●    Parliament's power to amend is not a power to destroy

●    Struck down clause 4 and 5 of 42nd Constitutional Amendment Act 1976 inserted by the Parliament during emergency.

●    Clause 4 accorded primacy to all DPSP over FR Art 14, 19, 31.

●    Clause 5 of Article 368 which accorded unlimited power to parliament to amend the constitution was held invalid.

IR Coelho vs UOI 2007

●    The current Parliament does not constitute the Original Constituent Assembly 

●    Amendment Powers (Article–368) is restricted by the Basic Structure Doctrine

●    Every Judgement passed after 24th April 1973 (Kesavananda Bharati Judgement) shall undergo a test of Basic Structure

●    Thus, if any law is inserted in the ninth schedule after 24th April 1973, it can be reviewed by judiciary and is not fully immune.

Reservation

Case Law

Key Findings & Judgement

Indira Sawhney vs UOI 1992 

●    Economic criteria cannot independently justify a class as backward unless the social backwardness justifies it

●    Non creamy layer reservation (27%) for the OBCs is constitutionally valid

●    Reservations under Article 16(1) and Article 16(4) shall overall not exceed 50% wrto appointments, cadre or service in any year.

●    Reservation in Promotions are not valid

●    Overall Reservation shall not exceed 50% 

Case Law

Key Findings & Judgement

Janhit Abhiyan v. UOI 2022 

●    Reservation of EWS for the Socially and Economically Weaker sections of the Society in education and employment is Constitutionally Valid

Case Law

Key Findings & Judgement

Neil Aurelio Nunes v. Union of India 2022

●    Validity of OBC quotas in NEET exams, undergraduate and postgraduate medical colleges upheld. 

Case Law

Key Findings & Judgement

Society for unaided private schools for Rajasthan vs. Union of India (2013)

●    Quota based admissions in unaided Private educational institutions made compulsory under RTE (Article – 21A)

 

Case Law

Key Findings & Judgement

Indira Sawhney v. Union of India (1992)

●    Overall reservation cannot exceed 50%

●    Introduced OBC Non Creamy Layer

M. Nagaraj vs. Union of India (2006)

●    SC/ST Promotions reservation test/proof laid down

○    Proof of backwardness

○    Inadequate Representation of SC/ST 

○    Regulation of Efficient System after promotion                                                       

Jarnail Singh Case 2018

Supreme Court’s 2006 Nagaraj judgment does not need reconsideration by a seven judge Bench.

No need of collection of quantifiable data as a pre-requisite for granting reservations in promotions.

 

Case Law

Key Findings & Judgement

Dr. Pardeep Jain vs UOI (1984)

●    Denied reservation based on Domicile

●    If allowed would threaten the Unity & Integrity of India.

●    If allowed would mean India is conglomeration of Independent States

Freedom of Speech and Expression

Case Law

Key Findings & Judgement

Romesh Thapar vs State of Madras 1950

●    Freedom of Speech and Expression forms a foundation stone for other rights.

●    Pre–Censorship means denying the Freedom of Speech & Expression guaranteed by Article–19 (1)(a)

Right to Protest

Case Law

Key Findings & Judgement

Amit Sahni v. Commissioner of Police (Shaheen Bagh Case) 2020

●    Right to Protest over a public area is not absolute.

 

Right to Internet

Case Law

Key Findings & Judgement

Faheema Shirin vs State of Kerala 2019 

●    Right to Internet is a Fundamental Right under Article–21

●    Also, an essential part of Right to freedom of Speech and Expression         

Anuradha Bhasin Case 2020

Access to the Internet a fundamental right under the Indian Constitution. 

Freedom of speech and expression and the freedom to practice any profession or carry on any trade, business or occupation over the medium of internet enjoys constitutional protection under Article 19(1)(a) and Article 19(1)(g).

Right to Life and Liberty

Case Law

Key Findings & Judgement

AK Gopalan vs State of Madras 1950

●    Preventive Detention if executed as per the ‘procedure established by law’ is not violative of Article– 13, 19, 20 and 21. 

Maneka Gandhi vs UOI 1978

●    Right to live with dignity was added to Article–21.

●    Procedure established by law should be based on Principles of Natural Justice and shall not be arbitrary.

Right to Privacy

Case Law

Key Findings & Judgement

Kharak Singh vs State of UP 1962

●    Personal liberty was declared as a part of Article–21.

●    Liberty is a right of a person which cannot be encroached by direct or indirect measures 

K.S. Puttaswamy vs UOI (Aadhaar Case) 2017

●    Right to Privacy is a Fundamental Right and falls under the ambit of Article–21.

●    Fourfold test was laid down to determine the extent of proportionality

○    Law should decide motive of the State

○    To find balance in finding appropriate reasons and appropriate means.

○    Check abuse of power by the State

Right to Fair Trial

Case Law

Key Findings & Judgement

Zahira Habibulla Sheikh v. State of Gujarat 2004

●    Fair trial includes following Principles of Natural Justice and be unbiased.

●    False evidence by a witness or threatening any witness is a failure of Fair Trial.

Right to Die

Case Law

Key Findings & Judgement

Aruna Ramachandra Shanbaug v. Union of India 2009

●    Right to life does not include the right to die.

●    Legality of Passive euthanasia was questioned 

●    Passive euthanasia was to be granted in rarest of the rare cases

Right to Education

Case Law

Key Findings & Judgement

Unni Krishnan, J.P. v. State of Andhra Pradesh 1993

●    Right to Education guarantees education till the age of 14 years only.

●    States to prevent commercialisation of education

●    Capitation fee could be charged but an adequate fee charge in private institutions was allowed

Mohini jain versus State of Karnataka 1992

●    The Supreme Court of India held that the charging of a ‘capitation fee’ by the private educational institutions violated the right to education, as implied from the right to life and human dignity, and the right to equal protection of the law.

●     In the absence of an express constitutional right, the Court interpreted a right to education as a necessary condition for fulfilment of the right to life under Article 21 of the Indian Constitution

Freedom of Religion

Case Law

Key Findings & Judgement

Bijjoe Emmanuel versus State of Kerala 1986

Students were not guilty of 

S.R. Bommai vs UOI 1994

●    Secularism is the basic feature of the Constitution

●    Presidential Proclamation under Article 356 (1) was not immune from Judicial Review

●    Use of Article 356 must be just, fair and valid

 

Case Law

Key Findings & Judgement

TMA Pai Foundation vs State of Karnataka 2002

●    recognised the autonomy of private educational institutions under Article 19(1)(g) of the Indian Constitution, allowing them to operate without excessive governmental interference.

●    Guidelines relating to admission regulation, staff selection, fee fixation and institutional administration was laid down for private schools

Right to Information 

Case Law

Key Findings & Judgement

PUCL vs UOI 1996

●    Telephonic conversations at home or office is a part of freedom of speech and expression and also falls under the ambit of right to privacy 

●    Intercepting phone calls through procedures established is permitted but should be fair, just and without malicious intent.

State Bank of India versus Association for Democratic Reforms and Others 2024

●    The non-disclosure of information regarding the funding of political parties is violative of the right to information of citizens under Article 19(1)(a) of the Constitution.

Relation between Fundamental Rights and Directive Principles of State Policy

Case Law

Key Findings & Judgement

Olga Tellis vs. Bombay Municipal Corporation 1985

●    Recognised Right to Shelter is a part of Right to Life.

●    Alternate resettlement in cases of eviction must prevail.

●    DPSPs are fundamental guidelines for the government and are at equivalent footing as the FRs

Minerva Mills v. Union of India 1980 

●    FRs and DPSP are an important part of the Basic Structure Doctrine.

●    Violation of the above will by default be considered as violation of the Constitution

Separation of Power

Case Law

Key Findings & Judgement

I.C. Golaknath vs State of Punjab 1967

●    Checks and Balances must be exercised through Executive, Legislature and Judiciary. 

●    No strict separation of power in India but independence of every organ namely Legislature, Executive and Judiciary is important.

Kesavananda Bharati vs State of Kerala 1973

●    Separation of power is a part of basic structure.

●    Article–368 cannot violate the independence granted to the three organs.

Indira Gandhi vs Raj Narain 1975

●    India does not follow Strict separation of Power.

●    Every organ has to work closely yet independent of each other.

Office of Profit

Case Law

Key Findings & Judgement

Pradyut Bordoloi v. Swapan Roy 2000

●    Test for identifying office of profit laid down

○    Appointment

○    Salary

○    Patronage

○    Special powers

Office of Governor

Case Law

Key Findings & Judgement

Samsher Singh v. State of Punjab 1974

●    The President and the Governors are constitutional heads but must act in accordance with the “aid” and “advice” of the Council of Ministers.

BP Singhal versus Union of India 2010

■      BP Singhal vs Union of India (2010):

○     The Supreme Court held that the President can remove a Governor at any time and without assigning any reason. This is because the Governor holds office "during the pleasure of the President" under Article 156(1) of the Constitution of India. However, the Court also held that the removal cannot be based on arbitrary, capricious or unreasonable grounds.

 

Nabam Rebia Case 2016 

Governors’ power to summon or prorogue assembly session is not absolute but based on aid and advice of CM and COM

State of Punjab versus Principal Secretary Governor of Punjab case 2023

Governor cannot keep bill pending indefinitely 

Ordinance Making Power

Case Law

Key Findings & Judgement

R.C. Cooper vs UOI (Banks Nationalisation Case) 1969

●    Ordinance is subject to Judicial Review on the basis that it did not require immediate application or came into force to avoid discussion in the Legislature.

D.C Wadhwa versus State of BIhar 1986

●    Mechanical re-promulgation of the ordinances for a period of one to fourteen years without going to the legislature was a colourable exercise of power by the executive and ruled that the re-promulgation of ordinances was unconstitutional.

Pardoning Power

Case Law

Key Findings & Judgement

Kehar Singh vs UOI 1986

●    Power of Consideration of a mercy petition lies with the President.

●    The President has to act on the advice of the Council of Ministers

Shatrughnan Chauhan vs UOI 2014

●    Guidelines for Mercy Petition were laid down

○    Home Ministry must not delay the filed petition

○    Appropriate information regarding the status of petition to be communicated to the convict and the family timely

○    14 day’s time difference between rejection of mercy petition and execution of death sentence.

 

Appointment of Judges

Case Law

Key Findings & Judgement

Supreme Court Advocates-on-Record Association and Another vs UOI  2014 (4th Judges Case)

●    Collegium System for the appointment of Judges of Supreme Court revived

●    99th Constitutional Amendment was struck down 

Live Streaming of Judicial Proceedings

Case Law

Key Findings & Judgement

Swapnil Tripathi vs Supreme Court 2018

●    Allowed broadcast of Judicial Proceedings in matters of national and constitutional importance

●    Laid moral guidelines on the broadcast of the proceedings

Judgements on Centre–State Relations

Case Law

Key Findings & Judgement

SR Bommai vs UOI 1994

●    Federalism is a part of the basic structure.

●    States have independent constitutional existence

●    Central Government cannot misuse or persuade the President to abuse power by means of President’s rule in a state

Anti–Defection Law

Case Law

Key Findings & Judgement

Kihoto Hollohan vs Zachilhu and Others (Anti–Defection) 1992

●    Speaker/Chairman is the first decision making body in case of defection.

●    No Interlocutory Judicial Review provision can be made

●    After the decision of the Speaker/ Chairman the decision can be challenged in the court of law

Judgements related to death and mercy petition

Case Law

Key Findings & Judgement

Bachan Singh v. State of Punjab 1980

●    Death penalty can be given only in the rarest of the rare cases

○    Extreme culpability

○    Life imprisonment seems to be less punishment and not justified

○    Circumstances along with the facts of case thoroughly checked

Judgements on Women Empowerment

Case Law

Key Findings & Judgement

Mohd. Ahmad Khan vs. Shah Bano Begum 1986

●    Provided provision of maintenance to Muslim women after divorce.

●    Crpc superseded Personal Laws 

Vishaka vs State of Rajasthan 1997

●    Highlighted Sexual Harassment at workplace

●    Vishakha Guidelines laid down by court.

Judgements related to Transgenders, Homosexuality

Case Law

Key Findings & Judgement

National Legal Service Authority v. Union of India 2017

●    Transgender were legally recognised as third gender.

●    Availability of Legal and Fundamental Rights to Third gender under Constitution and International Laws

●    Governments directed to develop mechanisms for the development of mechanisms for the third gender.

Navtej Singh Johar v. Union of India 2018

●    Decriminalised section–377 of Indian Penal Code

●    decriminalised all consensual sex among adults, including homosexual sex

●    Elements of Section 377 relating to sex with minors, non-consensual sexual acts such as rape, bestiality remain in force.

Judgements related to elections

Case Law

Key Findings & Judgement

Lily Thomas vs UOI 2013

●    The Parliament can decide the date and procedures for qualification and disqualification of a sitting MP/MLA but cannot decide the date of disqualification for a sitting MP/MLA

●    The day court dismisses any leader, will be the date of qualification. 

PUCL vs UOI 2014

●    None of the Above (NOTA) was introduced in the election system

Judgement on Custodial Deaths and Torture

Case Law

Key Findings & Judgement

DK Basu vs State of West Bengal 1997

●    Guidelines related to arrest laid down

○    10-point procedure for arrest and intimation of arrest laid down 

Public Interest Litigation

Case Law

Key Findings & Judgement

Hussainara Khatoon vs State of Bihar 1979

●    First case under PIL

●    Speedy trial is a fundamental right of every citizen under Article–21

●    State to ensure free legal aid and mechanism for speedy trial

Environment

Case Law

Key Findings & Judgement

MC Mehta vs UOI

1986

●    Polluter Pays Principle first applied

●    Public Trust Doctrine applied

1985

●    Absolute and Strict liability of the company established

●    Compensation to all the affected persons

1988

●    Ordered water treatment plants in industries (leather industries primarily)

●    Water (Prevention and Management of Pollution) Act, 1974 strengthened

MK Ranjith Singh vs UOI 2024

●    Right to be free from adverse effects of Climate Change falls under the ambit of Article–21

●    Great Indian Bustard must be saved from extinction due to overhead wires

●    Protection of wildlife from anthropogenic causes mainly due to interference with their natural habitat