UPSC Law Optional Paper 1 Analysis- Constitutional Law

An Analysis of UPSC Law Optional PAPER I- Constitutional Law [Questions from 2013-2018] 

UPSC Law Optional Paper 1 consists of the following topics

• Constitutional Law
• Administrative Law
• International Law

The questions that are asked in this paper unlike UPSC Law Optional Paper 2 need more of a conceptual and analytical understanding of each topic to answer the questions. The mere use of dukkis will not serve the purpose. To start with your preparation for UPSC Law Optional Paper 1, an analysis of previous year questions of  Law Optional Paper 1 is required. This blog will help you to understand the most important and more frequently asked questions from Constitutional Law over the past five years in UPSC Law Optional Paper 1.

Further, the blog points out the key areas that you should learn and understand. In addition to studying those topics, try to have ready revision notes that are precise and concise for each topic.

1. Fundamental Rights:

• Art 12 [asked in 2015 & 2018]- both questions dealt with the scope of Art 12 and its judicial interpretation.
• Art 13 – A question was asked in 2014 [Judicial Review Power exercised by Supreme Court under the Article]
• Art 14 – [asked in 2013 & 2015] There were two questions in 2013 and both were analytical. The first question was based on the new concept of equality as an antithesis to arbitrariness and the second question was about the concept of equality to be analysed in a more jurisprudential way. However, the question in 2015 was about class legislation.

(Please note the recent judgement on decriminalising homosexuality. Possible area for a question this year)

• Art 15 & 16 – Questions were asked from the topic in 2013, 2014 and 2015. They were to critically analyse various amendments in those articles and the concept of protected discrimination.

A question based on these Articles are probable for 2019 Mains with the latest 103^rd Constitutional Amendment passed recently. A thorough analysis of Mandal Commission case, Nagaraj case etc. would be inevitable. Even they can repeat the question that was asked in 2014 on similar lines.

• Art 19 – [Questions figured in 2013& 2018] In 2013 there were two questions. The first question confined its attention to freedom of speech and expression. The second one was to establish the relationship between Art 19 & preventive detention if any.
• Art 21 – [Asked in 2014, 2015, 2017] In 2014, the question was too specific. The question was to examine a case law on the Article [Papanasam Labour Union v. Madura Coat Ltd.] The other two questions were general to explain “right to life” with relevant cases.

For 2019 UPSC Mains – Law Optional too, this area is of utmost importance with recent court pronouncements in Aadhar judgement, Sabarimala case etc.

• Other fundamental rights: There was a question on secularism in 2017.
• FR & Human Rights  – There was a general question on the topic in 2014.

The above paragraphs substantiate the fact that “the most important area in Constitutional Law of UPSC Law Optional is nothing but fundamental rights”

2. Fundamental Rights and Directive Principles:

Questions on the topic were asked in 2015, 2016 & 2018. In 2015, the question was on “harmonious construction” and interpretation of part III and IV of Constitution. In 2016 too, the question focussed on the relationship between FR and DPSP. In 2018, the question specifically asked to relate social justice under Part IV with Art 14 of Part III.

3. DPSP and Fundamental Duties:

Two questions were asked on Fundamental duties consecutively in 2013 and 2014, and both of them were asking about the reasons for which it was incorporated into Constitution. There were two questions from DPSP in 2013 of which one was to discuss the Uniform Civil Code. But the other question was a bit more analytical asking whether judicial interpretation are hindrances or facilitators of DPSP. There was a question on Legal Aid in 2015.

4. Judiciary:

There is at least one question from this area every year from 2014-2018. In 2014 and 2017, the question was about appellate jurisdiction of Supreme Court. In 2015, the question was on the independence of the judiciary in general and in 2016 – the 99^th Amendment was the focus. Again in 2018, the question focussed the issue of appointment of judges. Hence the topic is quite important for Law Optional Paper 1.

5. President and Governor:

In 2014 ordinance-making power of President and Governor was the question. Pardoning power under Art 72 and 161 was asked in 2015. Also, there was a question on the role of governor and Lt Governor in the same year. In 2016, the question was on the executive powers of President. In 2017, again pardoning power of Governor was asked. In 2018, one of the questions was on the dependence of post of Governor on President’s doctrine of pleasure and the other was about the position of President with respect to PM & Council of Ministers under Indian Constitution.

6. Emergency Powers:

In 2018 – a question was asked on Art 356. In 2017 – Financial Emergency was the question and in 2013, the 44^th Amendment and the newly added safeguards were the focus of the question.

7. Basic Structure ad Amending power:

In 2013, a direct question on Basic Structure was asked in relation to Preamble. The question in 2014 was regarding the differences of amending power, constituent power etc. In 2016, the procedure and the difficulty in making amendments were asked.

8. Center- State Relations:

At least one question is asked every year for the last 5 years from the topic. While in 2017 the question was to discuss the administrative relation between centre and states, in 2016 the question was to explain the legislative powers of both centre and states. A question based on Art 246 was asked in 2015. Residuary Powers was asked in 2013 and 2016.

9. Federalism:

In 2014, the question was to determine the nature of the Indian Constitution, whether it is unitary or federal. In 2016, the question required only an explanation of the concept of federalism. But in 2018, the question was more into an analysis of the competitive and cooperative form of federalism in the Indian context.

10. Civil Services:

There were two questions on this topic in 2014. One was to explain the recruitment procedures in public services and other was about the constitutional safeguards conferred on an accused government servant. Again the question on constitutional safeguards was repeated in 2018.

11. Parliament and PM & Council of Ministers:

In 2017, there was the question on parliamentary privileges. In 2014, the constitutional position of PM was a question

12. Other areas that were asked during these years include UPSC, Election Commission and Panchayat Raj.

Conclusions

While preparing Constitutional Law, one should ensure that he read and make notes on the following.

1. Fundamental Rights
2. Fundamental Rights and DPSP
3. Basic Structure and Amendment
4. President and Governor [ especially ordinance and pardoning power]
5. Judiciary
6. Federalism
7. Emergency powers
8. Centre-State Relations
9. Civil Services

The second priority should go to the following topics

1. Parliament, PM and Council of Ministers
2. Constitutional Bodies
3. Fundamental Duties [ Just read why it was incorporated into Constitution and its basic nature]

The top priority areas must be prepared with brief notes including landmark cases and recent developments. A combination of standard books like Constitutional Law by MP Jain,  VN Shukla along with dukkis and current affairs materials would be ideal for preparation of the notes. Use flowcharts and tables for quick revision of notes.  Revise it multiiple times.

NB: While making notes, make sure it is precise and to the point. Apparently, you would only have a maximum of 2 to 3 pages to write an answer for the actual examination. Also, do not miss the keywords in a concept while writing notes and yes!!! in your answer too.

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