Constitutional and Administrative Law
What it is
Unit II covers the Constitution as a working system — rights and directives, the Union and State executives and legislatures, the judiciary, emergencies, special provisions and the Election Commission — and the administrative law that keeps public power within legal limits. UGC-NET tests article numbers, amendments, voting thresholds and landmark holdings.
Core concepts
Preamble, fundamental rights and duties, directive principles. The 42nd Amendment (1976) added "socialist", "secular" and "integrity" to the Preamble. Kesavananda Bharati v State of Kerala (1973) held, departing from In re Berubari Union (1960), that the Preamble is part of the Constitution, and by 7:6 that Parliament cannot amend the basic structure. Article 14 permits reasonable classification (intelligible differentia, rational nexus); E.P. Royappa v State of Tamil Nadu added that arbitrariness negates equality. Maneka Gandhi v Union of India (1978) required Article 21 procedure to be just, fair and reasonable; K.S. Puttaswamy v Union of India (2017) made privacy a fundamental right; Article 21A (86th Amendment, 2002) secures education from 6 to 14. Directive principles (Articles 36–51) are not enforceable in court (Article 37) yet fundamental in governance; Minerva Mills v Union of India (1980) made their balance with Part III a basic feature. Fundamental duties (Article 51A) came with the 42nd Amendment.
Union and State executive and their interrelationship. Union executive power vests in the President (Article 53), who is impeachable for "violation of the Constitution" (Article 61). Since the 42nd and 44th Amendments ministerial advice binds (Article 74), though the President may return it once for reconsideration. The Council of Ministers is collectively responsible to the Lok Sabha (Article 75(3)) and capped at 15 per cent of its strength (91st Amendment, 2003). The Governor is appointed by the President (Article 155), serves during pleasure (Article 156) and acts on advice save where discretion is allowed (Article 163). States must ensure compliance with Union laws (Article 256).
Union and State legislature and distribution of legislative powers. A Money Bill (Articles 109–110) starts only in the Lok Sabha; the Rajya Sabha may only recommend within 14 days, and the Speaker's certificate is final. Under Article 246 and the Seventh Schedule, Parliament legislates on List I, States on List II, both on List III; the 42nd Amendment moved education and forests, among others, to the Concurrent List. Residuary power is Parliament's (Article 248); it may enter the State List after a Rajya Sabha resolution of two-thirds present and voting (Article 249). In Concurrent repugnancy the Union law prevails unless the State law received presidential assent (Article 254(2)). Courts use pith and substance and the bar on colourable legislation.
Judiciary. The Supreme Court decides Union–State disputes (Article 131), grants special leave (Article 136), advises on presidential references (Article 143) and may do complete justice (Article 142); its law binds all courts (Article 141). Article 226 lets High Courts issue writs "for any other purpose", wider than Article 32. Judges cases: S.P. Gupta (1981) gave the executive primacy; the Second (1993) created the collegium with the CJI's primacy; the Third (1998) fixed it as the CJI plus four senior-most judges; the Fourth (2015) struck down the 99th Amendment and the NJAC. Removal is for proved misbehaviour or incapacity by a special-majority address of both Houses (Article 124(4)).
Emergency provisions. A national emergency (Article 352) rests on war, external aggression or armed rebellion; the 44th Amendment (1978) substituted armed rebellion for "internal disturbance". Each House must approve within one month by special majority, and the Lok Sabha can end it by a simple-majority resolution of disapproval. Article 358 suspends Article 19 automatically, only on war or external aggression; Article 359 lets the President suspend enforcement of other rights, never Articles 20 and 21. ADM Jabalpur v Shivkant Shukla (1976) was overruled in Puttaswamy (2017). President's rule (Article 356) needs approval within two months and lasts at most three years; S.R. Bommai v Union of India (1994) made it reviewable and demanded a floor test.
Temporary, transitional and special provisions. Part XXI holds Article 370: Presidential Orders of August 2019 applied the whole Constitution to Jammu and Kashmir, the Reorganisation Act 2019 created the Union territories of Jammu and Kashmir and Ladakh, and a five-judge bench upheld the abrogation in December 2023. Article 371A shields Naga customary law, religious and social practices and land ownership from Acts of Parliament unless the Nagaland Assembly agrees, and Article 371G does the same for Mizoram; The Sixth Schedule creates autonomous district councils in tribal areas of Assam, Meghalaya, Tripura and Mizoram.
Election Commission of India. Article 324 vests superintendence, direction and control of elections to Parliament, State Legislatures and the offices of President and Vice-President in the Commission; State Election Commissions run panchayat and municipal polls. The Chief Election Commissioner is removable only like a Supreme Court judge, other Commissioners only on the CEC's recommendation, and T.N. Seshan v Union of India (1995) upheld a multi-member Commission deciding by majority. The 61st Amendment (1988) lowered the voting age to 18 (Article 326). After Anoop Baranwal v Union of India (2023), a 2023 Act made the selection committee the Prime Minister, the Leader of the Opposition and a Cabinet Minister nominated by the Prime Minister (as of 2026-10).
Nature, scope and importance of administrative law. Administrative law governs the powers and procedures of administrative authorities and the remedies against their misuse. Dicey's rule of law denied England a droit administratif. Delegation is valid only if the legislature fixes policy and keeps essential functions (In re Delhi Laws Act, 1951). Tribunals rest on Articles 323A and 323B (42nd Amendment); L. Chandra Kumar v Union of India (1997) held judicial review a basic feature that tribunals cannot oust.
Principle of natural justice. The two rules are nemo judex in causa sua (rule against bias) and audi alteram partem (hear the other side); A.K. Kraipak v Union of India extended them to administrative action. Bias may be pecuniary (any financial interest disqualifies, as in Dimes v Grand Junction Canal), personal or subject-matter, judged by real likelihood or reasonable apprehension of bias. A fair hearing needs notice, disclosure and a chance to answer. Maneka Gandhi allowed a post-decisional hearing where a prior one would defeat the purpose. Exclusions include statute, emergency, legislative action and Article 311(2) second proviso (Union of India v Tulsiram Patel, 1985).
Judicial review of administrative actions: grounds. In the GCHQ case Lord Diplock grouped the grounds as illegality, irrationality and procedural impropriety. Illegality covers excess of jurisdiction, error of law, improper purpose, irrelevant considerations, mala fides, acting under dictation and fettering discretion. Irrationality is Wednesbury unreasonableness: a decision no reasonable authority could reach. Indian courts add proportionality, legitimate expectation and promissory estoppel (Motilal Padampat Sugar Mills v State of UP). Certiorari quashes a decision made; prohibition stops one in progress; mandamus compels a public duty; quo warranto tests title to office.
Worked example
Special majority. A House has 543 members (illustrative); 450 are present and voting. An amendment (Article 368(2)), approval of a national emergency and an address to remove a judge each need a majority of total membership and two-thirds of those present and voting.
| Test | Working | Votes needed |
|---|---|---|
| Ordinary majority | more than 450 ÷ 2 = 225 | 226 |
| Limb 1: majority of total membership | more than 543 ÷ 2 = 271.5 | 272 |
| Limb 2: two-thirds present and voting | 2 × 450 ÷ 3 = 300 | 300 |
| Impeaching the President (Article 61) | 2 × 543 ÷ 3 = 362 | 362 |
With 290 ayes an ordinary bill passes, but an amendment fails limb 2 (290 < 300). If only 400 vote and 270 say aye, limb 2 needs 267 (2 × 400 ÷ 3 = 266.67) and is met, but limb 1 needs 272, so it still fails. Check twice: 900 ÷ 3 = 300; 181 × 2 = 362.
Common traps
- Article 358 suspends only Article 19, automatically; Article 359 needs a presidential order and never touches Articles 20 and 21.
- Article 226 runs "for any other purpose"; Article 32 covers only fundamental rights.
- Prohibition issues while proceedings are pending; certiorari after a decision.
- The Election Commission of India does not run panchayat or municipal elections.
Speed technique
- Group by amendment: 42nd — Preamble words, Part IVA, tribunals; 44th — armed rebellion, Articles 20 and 21 safe; 86th — Article 21A.
- Judges cases by year: 1981 executive, 1993 collegium, 1998 CJI plus four, 2015 NJAC struck down.
- For any special majority, compute both limbs and take the larger figure.
Check yourself
- Which Amendment added "socialist", "secular" and "integrity" to the Preamble?
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The 42nd Amendment — enacted in 1976. - Which case held the Preamble to be part of the Constitution?
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Kesavananda Bharati v State of Kerala — 1973, departing from Berubari Union. - A House of 543 has 420 present and voting; 285 vote for an amendment. Does it pass that House?
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Yes — 285 clears both 272 and 280, two-thirds of 420. - Which writ stops an inferior tribunal before it decides beyond its jurisdiction?
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Prohibition — certiorari comes after the decision. - Which rights can never be suspended under Article 359?
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Articles 20 and 21 — protected since the 44th Amendment.
Try it: Constitutional and Administrative Law questions
Real questions from the NET Law bank on exactly this skill. Pick an answer to see the full solution — the intuition, the worked steps, the faster methods and the traps.
The words 'socialist', 'secular' and 'integrity' were added to the Preamble of the Constitution of India by the:
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Answer: option B
The Forty-second Amendment (1976) inserted 'socialist' and 'secular' and changed 'unity of the Nation' to 'unity and integrity of the Nation'.
The same amendment also added the fundamental duties in Article 51A and the tribunal provisions in Articles 323A and 323B.
So the words were added by the Forty-second Amendment, option B.
Which writ is issued to an inferior court or tribunal to stop it from continuing proceedings in excess of its jurisdiction, before it has decided the matter?
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Answer: option C
Prohibition is issued while proceedings are still pending, to stop an inferior court or tribunal from acting beyond its jurisdiction.
Certiorari quashes a decision already made, mandamus compels the performance of a public duty and quo warranto tests title to a public office.
So the writ is prohibition, option C.
Which Article declares that the directive principles shall not be enforceable by any court but are nevertheless fundamental in the governance of the country?
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Answer: option A
Directive principles are set out in Articles 36 to 51, and Article 37 says they are not enforceable by any court but are fundamental in governance.
Article 36 only defines 'the State' for Part IV, Article 39A promises free legal aid, and Article 51A lists the fundamental duties.
So the provision is Article 37, option A.
A House of a legislature has a total membership of 250 (a hypothetical figure). When a constitutional amendment bill under Article 368(2) is put to the vote, 210 members are present and voting. What is the minimum number of votes in favour needed for the bill to pass that House?
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Answer: option C
Limb 1, a majority of total membership, means more than 250 ÷ 2 = 125, so at least 126 votes.
Limb 2, two-thirds of those present and voting, is 2 × 210 ÷ 3 = 140; check: 140 × 3 = 420 = 2 × 210, so exactly 140 suffices.
Both limbs must be met, so the larger figure governs: 140 is at least 126.
So the minimum is 140 votes in favour, option C.
Match the cases in List – I with their holdings in List – II and choose the correct answer from the options. List – I (Case) | List – II (Holding) --- | --- (a) Kesavananda Bharati v State of Kerala (1973) | (i) Procedure under Article 21 must be just, fair and reasonable (b) Maneka Gandhi v Union of India (1978) | (ii) Privacy is a fundamental right (c) Minerva Mills v Union of India (1980) | (iii) Parliament cannot amend the basic structure (d) K.S. Puttaswamy v Union of India (2017) | (iv) The balance between Part III and Part IV is a basic feature
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Answer: option A
Kesavananda Bharati (1973) held by 7:6 that Parliament cannot amend the basic structure (a – iii), and Maneka Gandhi (1978) required Article 21 procedure to be just, fair and reasonable (b – i).
Minerva Mills (1980) made the balance between fundamental rights and directive principles a basic feature (c – iv), and Puttaswamy (2017) recognised privacy as a fundamental right (d – ii).
So matching List I, from "Kesavananda Bharati v State of Kerala (1973)", gives a – iii, b – i, c – iv, d – ii, option A.
Answer above — every one shows its working.