The exam questions are heavily skewed towards Criminal Rights (Part III), Constitutional Remedies (Writs), and Service Law (Protection of Public Servants).
Tier 1: The “Criminal Jurisprudence” Cluster (Most Critical)
These articles appear in almost every paper. You must know every clause verbatim.
| Article | Relevance | Why Relevant (PYQ Themes) |
| Article 20 | Protection in Conviction | (1) Ex Post Facto: Cannot punish for an act that wasn’t a crime when committed. (2) Double Jeopardy: Cannot prosecute twice for the same offence. (3) Self-Incrimination: Right to silence; Narco/Polygraph tests (Selvi case). |
| Article 21 | Life & Personal Liberty | The “Umbrella” Article: Covers Bail, Fair Trial, Speedy Trial, Handcuffing, Privacy, and Rights of Prisoners. “Procedure established by law” must be just, fair, and reasonable (Maneka Gandhi). |
| Article 22 | Arrest & Detention | Investigation Stage: (1) Right to be informed of grounds + Right to Lawyer. (2) Production before Magistrate within 24 hours. (3) Exceptions (Preventive Detention/Enemy Alien). |
| Article 14 | Right to Equality | Arbitrariness: Any arbitrary action by the state (e.g., in arrests or granting sanctions) violates Art 14. “Equality before law” vs “Equal protection of laws”. |
| Article 19 | Freedoms | 19(1)(a): Freedom of Speech (Online dissent, Hate Speech). 19(1)(d): Freedom of Movement (Surveillance/Externment orders). |
Tier 2: The “Judiciary & Writs” Cluster
CBI Prosecutors frequently deal with writ petitions filed by accused persons to quash FIRs.
| Article | Relevance | Why Relevant (PYQ Themes) |
| Article 32 | SC Writ Jurisdiction | Fundamental Right: Power of Supreme Court to issue writs (Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo Warranto). |
| Article 226 | HC Writ Jurisdiction | Wider Power: High Courts can issue writs for “any other purpose” (not just Fundamental Rights). Most quashing of FIRs happens here. |
| Article 136 | Special Leave Petition | Appeals: CBI files SLPs in Supreme Court against High Court acquittals. It is discretionary, not a right. |
| Article 141 | Law of Precedent | Binding Nature: Law declared by the Supreme Court is binding on all courts in India. |
| Article 142 | Complete Justice | SC’s Super Power: Used by SC to transfer cases to CBI or grant bail in exceptional cases (Perarivalan case). |
Tier 3: The “Public Servant” Cluster (CBI Special)
Since the CBI investigates public servants (Corruption Act cases), these articles are unique to your syllabus.
| Article | Relevance | Why Relevant (PYQ Themes) |
| Article 311 | Dismissal & Reduction | The “Shield” of Civil Servants: (1) No dismissal by an authority subordinate to the appointing authority. (2) Right to Inquiry (Reasonable Opportunity). Exception: Conviction on a criminal charge (2nd Proviso to Art 311(2)). |
| Article 309 | Recruitment Rules | Basis of CCS (Conduct) Rules and Service Rules. |
| Article 105 | Parliamentary Privilege | Immunity: Do MPs/MLAs have immunity for taking bribes? (Recent Sita Soren case says NO). |
| Article 76 | Attorney General | Highest Law Officer of the country. (Qualification and Right of Audience). |
| Article 165 | Advocate General | Highest Law Officer of the State. |
Tier 4: Executive Powers & DPSP
| Article | Relevance | Why Relevant |
| Article 72 | President’s Pardon | Power to grant pardon, suspend, remit or commute sentences. (Parallel: Art 161 for Governor). |
| Article 73 | Executive Power | Extent of Union’s executive power (CBI falls under Union List, Entry 8). |
| Article 246 | Legislative Lists | Schedule 7: Union List Entry 8: CBI (DSPE Act). Union List Entry 80: Extension of police powers of one State to another. |
| Article 39A | Free Legal Aid | DPSP: State must provide free legal aid to the accused (part of Fair Trial). |
| Article 50 | Separation of Powers | DPSP: Separation of Judiciary from Executive (Basis of CrPC). |
Summary Checklist for Revision
- Verbatim (Word-for-Word): Articles 20, 21, 22.
- Conceptual: Articles 14, 19, 311.
- Procedural: Articles 32, 226, 136.
the Constitutional Law questions can be clearly categorized into Static Landmarks (Fundamental Rights/Basic Structure) and Dynamic Criminal Jurisprudence (Investigation Powers/Bail).
I. List of Cases from PYQs & Nature of Case
Category 1: The “Golden Triangle” (Articles 14, 19, 21)
These are mostly Landmark cases found in both 2021 and 2023 papers.
| Case Name | Nature | Topic Asked in PYQ |
| Maneka Gandhi v. Union of India (1978) | Landmark | Article 21: Expanded “Procedure Established by Law” to “Due Process of Law”. Golden Triangle linkage. |
| K.S. Puttaswamy v. Union of India (2017) | Recent Landmark | Article 21: Right to Privacy is a fundamental right. (Asked in 2021). |
| A.K. Gopalan v. State of Madras (1950) | Landmark | Article 21: The restrictive interpretation of “Procedure established by law” (Overruled by Maneka Gandhi). |
| Indira Sawhney v. Union of India (1993) | Landmark | Article 16: Reservation cap of 50%; Creamy layer concept. |
| Joseph Shine v. Union of India (2018) | Recent Landmark | Article 14/21: Decriminalization of Adultery (Section 497 IPC). |
| Navtej Singh Johar v. Union of India (2018) | Recent Landmark | Article 14/21: Decriminalization of Homosexuality (Section 377 IPC). |
| Shreya Singhal v. Union of India (2015) | Recent Landmark | Article 19(1)(a): Struck down Section 66A of IT Act (Online Speech). |
Category 2: Basic Structure & Amendments
These are purely Landmark/Static cases. The exam tests the “Doctrine” name.
| Case Name | Nature | Topic Asked in PYQ |
| Kesavananda Bharati v. State of Kerala (1973) | Landmark | Basic Structure Doctrine: Parliament cannot alter the basic features of the Constitution. |
| Minerva Mills v. Union of India (1980) | Landmark | Judicial Review: Harmony between FR and DPSP; Judicial Review is part of Basic Structure. |
| I.C. Golaknath v. State of Punjab (1967) | Landmark | Amendment: Parliament cannot amend Fundamental Rights (Overruled later). |
| S.R. Bommai v. Union of India (1994) | Landmark | Article 356: Federalism is a basic feature; misuse of President’s Rule. |
Category 3: Criminal Law & Investigation (CBI Special Focus)
This is where the exam shifts to Recent judgments.
| Case Name | Nature | Topic Asked in PYQ |
| D.K. Basu v. State of West Bengal (1997) | Landmark | Arrest: Guidelines for arrest and detention (Arrest Memo, informing relatives). |
| Lalita Kumari v. Govt of UP (2014) | Landmark | FIR (Sec 154): Mandatory registration of FIR in cognizable offences. |
| Selvi v. State of Karnataka (2010) | Landmark | Article 20(3): Narco-analysis/Polygraph tests without consent violate Right against Self-Incrimination. |
| Satender Kumar Antil v. CBI (2022) | Recent | Bail Guidelines: Comprehensive guidelines on bail; ‘Bail is rule, jail is exception’ reinforced. |
| Vijay Madanlal Choudhary v. UOI (2022) | Recent | PMLA Validity: Upheld the twin conditions of bail and ED powers under PMLA (Article 20/21 challenge). |
| Arnesh Kumar v. State of Bihar (2014) | Landmark | Arrest (Sec 41A): Check on automatic arrests in 498A/offences < 7 years. |
| Case Name | Year | Relevant Article | Key Legal Principle (The “Answer”) |
| Sita Soren v. Union of India | 2024 | Art 14 / 105 | Landmark (7-Judge Bench): Overruled P.V. Narasimha Rao. Held that MPs/MLAs have NO immunity from prosecution for Bribery. Accepting a bribe is a crime independent of the vote/speech. |
| Frank Vitus v. Narcotics Control Bureau | 2024 | Art 21 | Bail & Privacy: Held that bail conditions requiring an accused to share their “Google Maps Live Location” with the police violate the Right to Privacy. |
| Javed Ahmad Hajam v. State of Maharashtra | 2024 | Art 19(1)(a) | Dissent vs Crime: Criticizing the Govt (e.g., Article 370 abrogation) on WhatsApp is protected speech, not an offence under Sec 153A IPC, unless it incites violence. |
| In Re: Inhuman Conditions in 1382 Prisons | 2024 | Art 21 | BNSS Bail (Sec 479): The SC directed that the new Section 479 BNSS (First-time offenders released after serving 1/3rd sentence) applies retrospectively to all undertrials. |
| Pankaj Bansal v. Union of India | 2023 | Art 22 | Grounds of Arrest: In PMLA cases, the ED must supply grounds of arrest in writing to the accused. Oral communication is unconstitutional. |
| Vijay Madanlal Choudhary v. Union of India | 2022 | Art 20(3) | PMLA Validity: Upheld PMLA’s “Twin Conditions” for bail. Ruled that statements given to ED officers are admissible and do not violate Article 20(3) (Right against self-incrimination) because ED is not “Police”. |
II. Recommendation: Landmark vs. Recent?
The paper’s constitutional law questions show a clear split:
- 70% Questions are LANDMARK: Questions on Articles 14, 19, 21, 32, and Amendments (Basic Structure) always rely on cases from 1970-2000 (Kesavananda, Maneka, Indra Sawhney).
- 30% Questions are RECENT (But Specific): Questions regarding Investigation Powers, Bail, PMLA, and Digital Rights rely on cases from 2018-2024 (Puttaswamy, Satender Antil, R.R. Kishore).
