NLNET Law 058
UGC NET LAW · CODE 058 · UNIT 02

UGC NET Law Unit 2: Constitutional & Administrative Law

Unit 2 is the heaviest unit for most students. It combines the Indian Constitution with administrative law, and it is full of case names, article numbers and amendments. These notes follow the official ten syllabus topics and give you the cases and sample questions to start revising.

  • Preamble
  • Fundamental rights
  • DPSP
  • Emergency
  • Judicial review
  • Natural justice
  • 10 syllabus topics
  • 500+ free MCQs
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  • Updated 11 October 2026

NET Law 058 is an independent study aid, not affiliated with UGC or NTA. Always check the official UGC NET syllabus and the current bare Acts.

What Unit 2 covers

Constitutional law changes through judgments, so also read recent Supreme Court decisions before each exam cycle. The official syllabus lists 10 topics for this unit. Each is explained below with the points examiners most often use.

1Preamble, fundamental rights and duties, directive principles of state policy

  • Preamble as part of the Constitution: Berubari Union (1960) said no; Kesavananda Bharati (1973) said yes. The 42nd Amendment (1976) added Socialist, Secular and Integrity.
  • Article 12 (State) and Article 13 (laws inconsistent with fundamental rights, including the meaning of law in Article 13(3)).
  • Equality (Articles 14–18), freedoms (Article 19), protection in criminal cases and life and liberty (Articles 20–22), exploitation (Articles 23–24), religion (Articles 25–28), cultural and educational rights (Articles 29–30) and constitutional remedies (Article 32).
  • Directive Principles (Articles 36–51) are non-justiciable under Article 37. Fundamental Duties are in Article 51A, inserted by the 42nd Amendment, with the 11th duty added in 2002.
  • Amendment under Article 368 and the basic structure limit: Kesavananda Bharati, Minerva Mills (harmony of rights and DPSP) and I.R. Coelho (Ninth Schedule laws can be reviewed).

2Union and State executive and their interrelationship

  • President: election (Articles 54–55), impeachment (Article 61), ordinance power (Article 123) and pardon power (Article 72).
  • Council of Ministers aids and advises the President (Article 74). The 44th Amendment lets the President send advice back once for reconsideration.
  • Governor: appointment by the President (Article 155), pleasure of the President, discretionary powers and the role in President's Rule reports.
  • Administrative relations (Articles 256–263), including directions to States and the Inter-State Council under Article 263.

3Union and State legislature and distribution of legislative powers

  • Parliament (Articles 79–122) and State legislatures, with privileges under Articles 105 and 194.
  • Legislative relations in Articles 245–255 with the Seventh Schedule: Union, State and Concurrent Lists, and residuary power under Article 248.
  • Doctrines used to read the lists: pith and substance, colourable legislation, harmonious construction and repugnancy under Article 254.
  • Parliament may legislate on a State subject in special cases, such as Article 249 (national interest, Rajya Sabha resolution) and Article 253 (treaties).
  • Financial relations between Union and States. Anti-defection law in the Tenth Schedule (Kihoto Hollohan, 1992).

4Judiciary

  • Supreme Court: original, appellate, advisory (Article 143) and review jurisdiction, plus curative petitions.
  • High Courts and writ jurisdiction under Article 226, which is wider than Article 32.
  • Independence of the judiciary and judicial appointments: the Three Judges Cases and the NJAC judgment (2015).
  • Subordinate courts (Articles 233–237) and tribunals. L. Chandra Kumar (1997): tribunal decisions are subject to judicial review by High Courts.
  • Public interest litigation and its limits.

5Emergency provisions

  • National Emergency (Article 352): 'armed rebellion' replaced 'internal disturbance' by the 44th Amendment.
  • State Emergency or President's Rule (Article 356): justiciable after S.R. Bommai v. Union of India (1994).
  • Financial Emergency (Article 360).
  • Effect on fundamental rights: Article 359 allows suspension of enforcement, except for Articles 20 and 21.

6Temporary, transitional and special provisions in respect of certain states

  • Part XXI of the Constitution (Articles 369–392).
  • Special provisions for particular States under Articles 371 and 371A to 371J.
  • Fifth Schedule (administration of Scheduled Areas) and Sixth Schedule (tribal areas in the north-east).
  • Jammu and Kashmir: Article 370 was abrogated in 2019. Check the current text of the provision before you revise this part.

7Election Commission of India

  • Article 324 vests superintendence, direction and control of elections in the Commission.
  • Composition: Chief Election Commissioner and other commissioners. The CEC can be removed in the manner of a Supreme Court judge.
  • Articles 325–329, including the bar on court interference in electoral matters in Article 329.
  • Model Code of Conduct and the 2023 Supreme Court ruling on appointments (Anoop Baranwal).

8Nature, scope and importance of administrative law

  • Meaning and growth of administrative law. Dicey's rule of law against the French droit administratif.
  • Separation of powers in India: not rigid, but a part of the basic structure (Ram Jawaya Kapur; Indira Gandhi v. Raj Narain).
  • Classification of administrative action: legislative, judicial, quasi-judicial and administrative.
  • Delegated legislation and its control. Lokpal and Lokayukta. Liability of the State (Article 300).

9Principle of natural justice

  • Audi alteram partem: hear the other side. Nemo judex in causa sua: no one is a judge in their own cause.
  • A.K. Kraipak (1969) removed the strict line between quasi-judicial and administrative action. Ridge v. Baldwin (1964) is the English parallel.
  • Maneka Gandhi (1978): procedure under Article 21 must be fair, just and reasonable.
  • Reasoned decisions, bias, notice and exceptions such as urgency or statutory exclusion.

10Judicial review of administrative actions – grounds

  • Lord Diplock's three heads in the GCHQ case (1985): illegality, irrationality and procedural impropriety. Proportionality is a growing fourth ground.
  • Wednesbury unreasonableness (1948) and arbitrariness under Article 14 (E.P. Royappa, 1974).
  • Legitimate expectation and promissory estoppel against the Government (Motilal Padampat Sugar Mills, 1979).
  • Writs: habeas corpus, mandamus, prohibition, certiorari and quo warranto.

Quick reference tables

Writs at a glance
WritMeaningUse
Habeas corpusProduce the bodyTest the legality of detention
MandamusWe commandCompel a public authority to do a public duty
ProhibitionForbidStop a lower body acting beyond its jurisdiction
CertiorariTo be certifiedQuash an order already passed without jurisdiction or against natural justice
Quo warrantoBy what authorityChallenge the right to hold a public office
Emergency provisions
ArticleEmergencyKey point
352National EmergencyWar, external aggression or armed rebellion
356State Emergency (President's Rule)Failure of constitutional machinery in a State; reviewable after Bommai
360Financial EmergencyThreat to financial stability or credit of India

Landmark cases to revise

Kesavananda Bharati v. State of Kerala1973

Basic structure doctrine; Preamble is part of the Constitution.

Maneka Gandhi v. Union of India1978

Articles 14, 19 and 21 are linked; procedure must be fair, just and reasonable.

Minerva Mills v. Union of India1980

Harmony between fundamental rights and directive principles is basic structure.

S.R. Bommai v. Union of India1994

Presidential Proclamation under Article 356 is justiciable; secularism is basic structure.

I.R. Coelho v. State of Tamil Nadu2007

Ninth Schedule laws after 24 April 1973 can be tested on the basic structure.

Kihoto Hollohan v. Zachillhu1992

Speaker's decisions under the Tenth Schedule are subject to judicial review.

L. Chandra Kumar v. Union of India1997

Judicial review is basic structure; tribunal decisions can be tested in High Courts.

K.S. Puttaswamy v. Union of India2017

Right to privacy is a fundamental right under Article 21.

A.K. Kraipak v. Union of India1969

Natural justice applies to administrative action.

E.P. Royappa v. State of Tamil Nadu1974

Arbitrariness is a violation of equality under Article 14.

Motilal Padampat Sugar Mills v. State of U.P.1979

Promissory estoppel can be enforced against the Government.

Supreme Court Advocates-on-Record Association v. Union of India2015

NJAC Act struck down; the collegium system continues.

Practise Constitutional & Administrative Law MCQs topic by topic

Beyond the six samples, all 500 questions for this unit are on their own pages, grouped by syllabus topic, with the answer key on the page.

See all 31 topic sets (500 MCQs) →

Try 6 sample questions

Tap “Show answer” after you have tried each one. These come from the 500+ MCQs in this unit.

1The Preamble was held to be part of the Constitution in:

  1. Berubari Union case
  2. Kesavananda Bharati
  3. Sajjan Singh
  4. Golaknath
Show answer and explanation

Answer: B. Kesavananda Bharati

Kesavananda overruled Berubari on this point.

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2Articles 14, 19 and 21 are inter-related, and procedure must be fair, just and reasonable, per:

  1. A.K. Gopalan
  2. Maneka Gandhi
  3. Kharak Singh
  4. ADM Jabalpur
Show answer and explanation

Answer: B. Maneka Gandhi

Maneka Gandhi (1978) expanded Article 21.

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3Judicial review of a Presidential Proclamation under Article 356 was affirmed in:

  1. Indira Sawhney
  2. Kihoto Hollohan
  3. L. Chandra Kumar
  4. S.R. Bommai v. Union of India
Show answer and explanation

Answer: D. S.R. Bommai v. Union of India

Bommai (1994) held such a proclamation is justiciable.

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4Promissory estoppel against the Government was developed in India in:

  1. Navtej Johar
  2. Motilal Padampat Sugar Mills v. State of U.P.
  3. Kesavananda Bharati
  4. Bachan Singh
Show answer and explanation

Answer: B. Motilal Padampat Sugar Mills v. State of U.P.

Motilal Padampat applied the doctrine to public authorities.

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5Which of the following Fundamental Rights can be suspended during a National Emergency declared under Article 352?

  1. Articles 14 and 15 only
  2. Articles 20 and 21 only
  3. All Fundamental Rights except Articles 20 and 21
  4. All Fundamental Rights
Show answer and explanation

Answer: C. All Fundamental Rights except Articles 20 and 21

The 44th Amendment, 1978 made Articles 20 and 21 non-suspendable even during a National Emergency. All other Fundamental Rights can be suspended by Presidential Order under Article 359.

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6A State law on 'police' incidentally touches a Union subject. Courts uphold it by applying:

  1. Double jeopardy
  2. Pith and substance
  3. Res judicata
  4. Ultra vires
Show answer and explanation

Answer: B. Pith and substance

Incidental encroachment is tolerated.

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Practise all 500+ Unit 2 MCQsTake a free mock test

How to study this unit

  • Make a one-page sheet of article numbers with their subject. Many questions are simply Article to topic.
  • Learn each landmark case with its year and the single rule it laid down. Match-the-following questions reward this.
  • Keep amendments in a table: number, year and what it changed. Preamble, Fundamental Duties, property and emergency questions all use them.

Planning your time? See the UGC NET Law preparation plans for 6 months, 3 months, 1 month or 2 weeks, or check the cut-off trend to set a target score.

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Last updated: . Notes are a revision aid and not legal advice. Spotted a mistake? Write to netlawverse@gmail.com.