Constitutional Provisions asked in Judicial Prelims

The present article is written by Sagnik Bhaumik, from S.K Acharya Institute of Law, Kalyani University during his internship at LeDroit India; discussing about core constitutional provisions asked in judiciary prelims exams.

INTRODUCTION:-

All the rights secured to the citizens under the Constitution are worth nothing, and a mere bubble, except guaranteed to them by an independent and virtuous Judiciary.Andrew Jackson

In our country, the three main wings of government are – executive, legislature and judiciary. There is a check and balance relationship among these three wings. Legislatures are empowered to enact the laws, whereas executives will execute or implement those laws. And, the judiciary has the power of judicial review i.e. to declare any law or any part of it as null and void if it violates the provisions of Part III i.e. the fundamental rights. 

So, independence of judiciary plays the most vital role in India to protect all the rights of the people in general. Indian Judiciary is in the form of hierarchy where the Supreme Court of India is the apex court. Supreme Court, the guardian of our Constitution, is constituted under Art 124(1) consisting of the Chief Justice of India (CJI) and other judges. State judiciary consists of a High Court and some other courts subordinate to the High Court. According to Art 214, there shall be a High Court in every state. In each district of a State there shall be one court of District and session Judge and one or more courts of Additional District and session Judges to deal with criminal matters and there shall also be the court of Chief Judicial Magistrate and one or more courts of Judicial Magistrate 1st class to deal with criminal offences. And in case of civil matters, District Judge, Civil Judge Senior Divisions & Civil Judge Junior Divisions are there.

For most of the law aspirants, it’s the common dream to crack the Judiciary Exam. To appear in lower judiciary exam, some basic requirements must be fulfilled –

  1. A law degree obtained from any institute affiliated to any university recognised by the State Govt. or Central Govt.
  2. Enrolment as an advocate in the Bar Council of any state or Bar Council of India.
  3. Age limit: not less than 23 not more than 35 years.

State Judiciary exam of our West Bengal (Civil Judge Junior Division) consist of three stages-

  1. Preliminary exam (consisting 200 MCQ questions),
  2. Main examination (conventional type- written exam),
  3. Viva interview and personality test.

1st of all, among those 200 MCQ questions carrying 1 mark each, 20 marks are allotted for Constitutional Law of India. Here, basically the core constitutional provisions are often asked to answer. The Constitution is the mother law of land. Each other law in India gets validity from the Constitution. That’s why for all the law students and legal professionals, the Constitution of India is an inseparable part of their profession. One must understand that- not only in WBJS, but also to compete any competitive exam in the legal sector within the territory of India, Constitution itself carries a good mark. So, it must be understood wisely. In WBJS examination, both in preliminary and main, Constitution is the most vital paper. So, for the better understanding, by analyzing the previous years’ question papers, the core constitutional provisions on which the prelims are mainly basically based on, can be divided and categorized in the following parts –

  1. Preamble Of The Constitution,
  2. Union and its territory ( Art 1-4)
  3. Citizenship (Art 5-11)
  4. Fundamental Rights (Art 12-35)
  5. Directive Principle Of State Policy (Art 36-51)
  6. Fundamental Duties (Art 51A)
  7. Union & State Judiciary (Art 124-147 & Art 214-217)
  8. Legislature And Executive (Union & State)
  9. Emergency Provisions (Art 352-360)
  10. Amendments (Art 368)

As it is previously mentioned that there shall be only 20 MCQ questions from the entire Constitution of India i.e. the longest written Constitution in the world, it is clearly uncertain to uphold some particular provisions on which the question will be asked in exams. Still, some important portions can be referred here in this regard.

Firstly, by considering the last 10 years question paper, it can be said that – most of the time 1 question may come from the preamble i.e. “the key to open the mind of the constitution makers”.

Then, 1 more question may be asked from the immediate next part i.e. union and its territory. And 1 question is usually given from “citizenship”.

And now, which is the most important is the Part III of the Constitution – the fundamental rights. Most of the questions of the constitution are asked from these Fundamental Rights. We have 6 fundamental rights secured by the Constitution itself. Those are –

  1. Right to equality (Art 14-18)
  2. Right to freedom (Art 19-22)
  3. Right against exploitation (Art 23-24)
  4. Right to freedom of religion (Art 25-28)
  5. Cultural and educational right (Art 29-30)
  6. Right to constitutional remedies (Art 32-35)

From these parts most of the questions usually come in judiciary prelims. So all the judicial aspirants must pay a closer look on those provisions.Then, from each of the above mentioned other provisions, usually 1 or 2 questions are often asked. 

However, the most important fact is there is not a particular stereotype pattern of questions in any exam. Actually law itself is a dynamic field which is a subject to constant changes, not to be confined within a particular jurisdiction. That’s why, it will be more effective and more helpful to achieve the goal to go through the each and every provisions of Bare Acts in spite of memorising an overall superficial conception because it can surely help to achieve the desired success.

                                                        All the best! Thank you.

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