Passage-based CLAT constitutional law practice questions covering Articles 14, 19, and 21, DPSPs, federalism and the basic structure doctrine — with detailed answers and explanations.
Article 14 guarantees equality before the law and equal protection of the laws. Classification is permissible if it is based on intelligible differentia and has a rational nexus with the object sought to be achieved. Arbitrary state action violates Article 14.
The State of X issued a notification requiring only women employees above age 45 to take an additional annual medical test. Male employees and younger women were exempt. The Women’s Association challenges the notification as violating Article 14.
Explanation: The classification (only women above 45) lacks a rational nexus with any legitimate object and appears arbitrary, violating Article 14.
Article 19 guarantees six freedoms including freedom of speech and expression, subject to reasonable restrictions on grounds of sovereignty, public order, decency, morality, contempt of court, defamation, or incitement to an offence.
A journalist published an investigative article alleging corruption in a state government department. The state government filed a criminal defamation complaint and sought the journalist’s arrest. The journalist moved the High Court arguing violation of Article 19(1)(a).
Article 21 protects life and personal liberty. It has been expanded to include the right to livelihood, the right to privacy (Puttaswamy, 2017), right to a clean environment, and procedural due process.
The state government passed an ordinance requiring all residents of a flood-affected district to hand over their biometric data to a central database managed by a private contractor. No opt-out was provided. Civil society groups challenge the ordinance under Article 21.
Explanation: Puttaswamy recognised privacy as a fundamental right under Article 21. Any restriction must satisfy the proportionality test: legitimate aim, necessity, and least restrictive means.
Part IV of the Constitution contains Directive Principles of State Policy (DPSPs) which are not enforceable in courts but are fundamental in governance. Article 37 states that DPSPs shall be applied in making laws, and the Supreme Court has emphasised their role in interpreting Fundamental Rights.
The State of Y enacted a law requiring private companies to hire a minimum percentage of local domicile workers. The law was challenged under Article 19(1)(g) (freedom to carry on trade). The state justified the law citing Article 43 (living wage) and Article 46 (promotion of educational and economic interests).
Article 368 allows amendment of the Constitution but the basic structure doctrine (Kesavananda Bharati, 1973) holds that Parliament cannot amend the basic structure of the Constitution. Features such as supremacy of the Constitution, judicial review, federalism, secularism, and the rule of law have been recognised as part of the basic structure.
Parliament enacted a constitutional amendment removing judicial review of certain categories of cases and creating a parallel tribunal system immune from High Court and Supreme Court scrutiny. The amendment is challenged under Article 32.
Explanation: Judicial review has been held to be part of the basic structure (L Chandra Kumar, 1997). Any amendment that removes judicial review is likely to be struck down.
Articles 14, 19, 21 (and their interplay), DPSPs, federalism, the basic structure doctrine, and the amendment power under Article 368 are the most frequently tested constitutional topics in CLAT.
Know the important articles — 14, 19, 21, 32, 226, 368 — but do not try to memorise all 395. CLAT often provides the article context within the passage.
The doctrine, established in Kesavananda Bharati (1973), holds that Parliament cannot amend the basic structure of the Constitution. Features like judicial review, federalism, secularism and rule of law have been identified as parts of the basic structure.
The Supreme Court in Puttaswamy laid out a four-pronged test: legitimate aim, rational connection, necessity (no less restrictive alternative), and balance of interests.