Law 2023 Paper I 50 marks 150 words Compulsory Explain

Paper I — Q1

(a) "Preamble of the Indian Constitution is indicative of basic values that the political system is expected to pursue." How far…

Answer the following questions in about 150 words each : 10×5=50

(a)

"Preamble of the Indian Constitution is indicative of basic values that the political system is expected to pursue." How far do you agree with the statement ? Explain with the reference to values that have been enshrined in the Preamble of the Constitution. 10 marks

(b)

"The office of the President under the Indian Constitution has been designed to be largely that of a 'figurehead'." Explain, with reference to the cases decided on the subject. 10 marks

(c)

"There is an obvious slant in favour of the Centre, in distribution of powers between Centre and States." Do you agree with the statement ? Explain. 10 marks

(d)

"The principles of natural justice are not cast in stone and there is always a possibility of deviation from stated principles of law in view of overall demands of justice." Explain citing decided cases on the subject. 10 marks

(e)

Explain and elucidate the grounds of judicial review for administrative action, by quoting decided cases on the subject. 10 marks

हिंदी में प्रश्न पढ़ें

निम्नलिखित प्रश्नों में से प्रत्येक का उत्तर लगभग 150 शब्दों में दीजिए : 10×5=50

(a)

"भारतीय संविधान की उद्देशिका (प्रस्तावना) राजनीतिक व्यवस्था द्वारा अनुसरण के लिए अपेक्षित आधारभूत मूल्यों को उपदर्शित करती है।" आप इस कथन से कहाँ तक सहमत हैं ? संविधान की उद्देशिका (प्रस्तावना) में लिपिबद्ध मूल्यों का संदर्भ देते हुए व्याख्या कीजिए। 10

(b)

"भारतीय संविधान में राष्ट्रपति का पद मुख्यतः 'नाम मात्र के प्रमुख' के रूप में परिकल्पित है।" इस विषय पर निर्णीत वादों के संदर्भ में व्याख्या कीजिए। 10

(c)

"केंद्र तथा राज्य के बीच शक्ति वितरण में केंद्र के प्रति स्पष्ट झुकाव परिलक्षित होता है।" क्या आप इस कथन से सहमत हैं ? व्याख्या कीजिए। 10

(d)

"नैसर्गिक न्याय के सिद्धांत पत्थर में नहीं ढाले गए हैं और समग्र न्याय की माँग की दृष्टि से उनमें स्थापित विधि के सिद्धांतों से विचलन की सदैव संभावना रहती है।" इस विषय पर विनिश्चित वादों का संदर्भ देकर व्याख्या कीजिए। 10

(e)

इस विषय पर निर्णीत वादों का उद्धरण देते हुए प्रशासनिक कार्यवाही के न्यायिक पुनरावलोकन के आधारों की व्याख्या एवं विशदीकरण कीजिए। 10

Q1 of the 2023 UPSC Mains Law Paper I, as printed
The question as printed in the 2023 Law paper

Model answer

Drafted with AI by UPSC Answer Check against this question's marking rubric, to the 150-word length. UPSC does not publish answers for Mains — this is one way to score well, not an official key. How we build rubrics and answers.

(a) I largely agree. The Preamble states the source of authority ("We, the People of India"), the nature of the State (sovereign, socialist, secular, democratic, republic) and the objectives it must pursue:

  • Justice, social, economic and political: reflected in Articles 14–17, 38, 39 and 46;
  • Liberty of thought, expression, belief, faith and worship: reflected in Articles 19 and 25–28;
  • Equality of status and of opportunity: reflected in Articles 14–16;
  • Fraternity, assuring the dignity of the individual and the unity and integrity of the Nation: reflected in Articles 17, 51A and 21.

The words "socialist", "secular" and "integrity" were added by the 42nd Amendment (1976).

Judicial treatment

  • ***In re Berubari Union* (1960):** the Preamble was called the "key to open the minds of the makers", but was said not to be part of the Constitution.
  • ***Kesavananda Bharati* (1973):** the Preamble is part of the Constitution. It can be amended, but not so as to destroy the basic features it embodies.
  • ***LIC v. Consumer Education & Research Centre* (1995):** the Preamble is an integral part of the Constitution.
  • ***S.R. Bommai v. Union of India* (1994):** secularism was held to be part of the basic structure.
  • ***Dr. Balram Singh v. Union of India* (2024):** the Supreme Court dismissed a challenge to the insertion of "socialist" and "secular", treating them as reflecting the Constitution's existing ethos.

Qualification: the Preamble is not a source of power, nor a limit on power, and it is not enforceable by itself. It guides interpretation where the text is ambiguous. The values it lists are aspirations that are realised through the Fundamental Rights, the Directive Principles and legislation.

(b) The Constitution adopts a parliamentary system. Executive power is vested in the President (Article 53), but the President must act on the aid and advice of the Council of Ministers (Article 74(1)).

  • The 42nd Amendment made that advice binding.
  • The 44th Amendment allows the President to return advice once for reconsideration.
  • Courts cannot inquire into what advice was tendered (Article 74(2)).

Cases

  • ***Ram Jawaya Kapur v. State of Punjab* (1955):** the President is a formal or constitutional head, and real executive power lies with the Council of Ministers.
  • ***U.N.R. Rao v. Indira Gandhi* (1971):** a Council of Ministers must exist at all times, even after the Lok Sabha is dissolved.
  • ***Shamsher Singh v. State of Punjab* (1974), seven judges:** the "satisfaction" of the President or Governor is the satisfaction of the Council of Ministers, except in a few situations where personal judgment is required.
  • ***Maru Ram v. Union of India* (1980) and Kehar Singh v. Union of India (1989):** the pardoning power under Article 72 is exercised on ministerial advice and is subject to limited judicial review.

Limited areas where the President uses personal judgment

  • appointing a Prime Minister after a hung verdict;
  • dismissing a ministry that has lost its majority;
  • returning advice once (proviso to Article 74(1));
  • the "pocket veto" under Article 111;
  • seeking information under Article 78;
  • seeking the Supreme Court's advisory opinion under Article 143.

Conclusion: the President is largely a "figurehead" in the sense of a constitutional head, but not a cipher. The office acts as a guardian of constitutional continuity.

(c) Yes, but with qualifications. The Constitution is federal with a strong unitary bias, described as "quasi-federal" (K.C. Wheare). The Supreme Court said in State of West Bengal v. Union of India (1962) that it is not a traditional federation.

The slant towards the Centre

  • Legislative:
  • the Union List is larger and more important (about 100 entries, against 61 in the State List);
  • Parliament prevails on the Concurrent List (Article 254);
  • residuary power lies with Parliament (Article 248, Entry 97);
  • Parliament may legislate on State subjects under Articles 249, 250, 252, 253 and 357;
  • Bills may be reserved for the President (Articles 200–201).
  • Executive:
  • binding directions to States (Articles 256–257), backed by Article 365;
  • Governors are appointed by the Centre (Article 155);
  • the All-India Services (Article 312).
  • Financial: the more elastic taxes are with the Union; States depend on devolution and grants (Articles 270, 275, 280 and 282) and on Union consent to borrow (Article 293).
  • Emergency: Articles 352, 356 and 360 can convert the structure into a unitary one.
  • Territorial: Parliament can reorganise States under Article 3 without their consent. The "indestructible Union of destructible States" is a phrase often used for this.

Counter-balances

  • ***S.R. Bommai* (1994):** federalism is part of the basic structure, and the use of Article 356 is subject to judicial review.
  • Fiscal: the GST Council requires pooled decisions; Finance Commission devolution is 41%.
  • Cooperative and contestatory federalism (Mohit Minerals (2022)); States can sue the Centre under Article 131.

Conclusion: the Centre's slant was a deliberate choice, made for unity after Partition. Constitutional practice and the courts have tempered it into cooperative federalism.

(d) Natural justice has two main rules: audi alteram partem (the right to be heard) and nemo judex in causa sua (the rule against bias). A reasoned decision is often added as a third. These are flexible standards, and their content depends on the statute, the subject-matter and the consequences (A.K. Kraipak v. Union of India (1969)). They aim to prevent a miscarriage of justice. The courts accept deviations in several situations:

  • Statutory exclusion: express, or by necessary implication, where constitutionally valid. For example, the second proviso to Article 311(2) (Union of India v. Tulsiram Patel (1985)).
  • Urgency and public interest: a prior hearing may give way to a post-decisional hearing (Maneka Gandhi v. Union of India (1978), impounding of a passport; Swadeshi Cotton Mills v. Union of India (1981), takeover of a company).
  • Doctrine of necessity: a biased authority may decide if no other authority is competent (Election Commission v. Dr. Subramaniam Swamy (1996)).
  • Useless formality and the prejudice test:
  • Where the facts are admitted, or only one conclusion is possible, a failure to give a hearing may not vitiate the decision (Aligarh Muslim University v. Mansoor Ali Khan (2000)).
  • In disciplinary matters, the delinquent must show prejudice caused by a procedural lapse (State Bank of Patiala v. S.K. Sharma (1996); ECIL v. B. Karunakar (1993)).
  • Confidentiality and security: the extent of disclosure may be limited, for example to sealed covers, though the Court has recently insisted that the essence be disclosed (Madhyamam Broadcasting v. Union of India (2023)).
  • Legislative and policy action: natural justice ordinarily does not apply to legislative acts.

Conclusion: the statement is correct. Natural justice is adapted to context to achieve fairness in substance. There is, however, a core that cannot be removed where civil consequences follow.

(e) Judicial review of administrative action rests on Articles 32, 226 and 227 and is part of the basic structure (L. Chandra Kumar (1997)). Lord Diplock set out the grounds in Council of Civil Service Unions v. Minister for the Civil Service (the GCHQ case, 1985). Indian courts have adopted and extended them.

  1. Illegality:
  • acting without jurisdiction or beyond the statute (ultra vires);
  • errors of law;
  • irrelevant considerations and improper purpose (Rohtas Industries v. S.D. Agarwal (1969); Barium Chemicals v. Company Law Board (1966));
  • fettering discretion or acting under dictation;
  • mala fides (S. Pratap Singh v. State of Punjab (1964)).
  1. Irrationality: Wednesbury unreasonableness (Associated Provincial Picture Houses v. Wednesbury Corporation (1948)), meaning a decision so unreasonable that no reasonable authority could have taken it. It also covers arbitrariness under Article 14 (E.P. Royappa v. State of T.N. (1974); Shayara Bano (2017), on "manifest arbitrariness").
  2. Procedural impropriety: breach of statutory procedure or of natural justice (A.K. Kraipak (1969); Maneka Gandhi (1978)).
  3. Proportionality, the possible fourth ground:
  • Ranjit Thakur v. Union of India (1987), on punishment;
  • Om Kumar v. Union of India (2001), which applies proportionality to fundamental rights and Wednesbury to other cases;
  • Modern Dental College (2016) and K.S. Puttaswamy (2017), on the structured four-part test.
  1. Legitimate expectation: Food Corporation of India v. Kamdhenu Cattle Feed Industries (1993).

Limits on review: courts review the decision-making process, not the merits. They show restraint in contractual, tender and economic policy matters (Tata Cellular v. Union of India (1994); BALCO Employees Union v. Union of India (2002)).

How this answer will be evaluated

Framework: Issue > Rule > Authority > Application

What earns full marks: Precise legal reasoning, specific case citations, and clear application of law to the question.

Evaluation rubric

Each sub-part is marked on its own, against the marks and word limit printed on the paper.

  1. (a) Justify the Preamble as a repository of basic values with specific references. 10 marks · 150 words

    explain— definition/context → points in order → small example → short close

    Must cover

    • Identify specific values (e.g., Justice, Liberty, Equality, Fraternity)
    • Link values to the political system's expected pursuit
    • Reference the 42nd Amendment (1976) additions
    • Mention the Preamble's role in interpretation (Kesavananda Bharati)

    Loses marks

    • Listing values without explaining their political significance
    • Ignoring the 1976 amendment to the Preamble
    • Treating the Preamble as merely historical

    Earns more

    • Berubari (1960) vs Kesavananda (1973) on Preamble's status
    • LIC v CERC (1995); S.R. Bommai (1994) secularism
    • Dr. Balram Singh v UoI (2024) upholding 'socialist' and 'secular'
    • 'We the People' as source; interpretive role and non-justiciability

    Extra mark

    • Distinguish the Preamble as an interpretive aid from enforceable rights; note the aspirational gap between values and practice
    • Preamble as part of the basic structure (Kesavananda; S.R. Bommai) and its non-amendability in essence
  2. (b) Explain the President's role as a figurehead with reference to decided cases. 10 marks · 150 words

    explain— definition/context → points in order → small example → short close

    Must cover

    • President as constitutional head: Arts 53, 74(1) with 42nd/44th Amendments, 74(2)
    • Cases: Ram Jawaya Kapur (1955), U.N.R. Rao (1971), Shamsher Singh (1974)
    • Areas of limited discretion (hung Parliament, 74(1) proviso, pocket veto, Art 78, Art 143)
    • Pardon on advice: Maru Ram (1980), Kehar Singh (1989)

    Loses marks

    • Ignoring the President's discretionary powers
    • Failing to cite specific cases
    • Treating the President as a purely ceremonial figure

    Earns more

    • Suspensive veto on ordinary bills (Art 111) and ordinance satisfaction under Art 123
    • Appointment of PM in a hung Parliament and dissolution of Lok Sabha only on advice
    • Bound by aid and advice even in pardon and appointments (Shamsher Singh 1974)

    Extra mark

    • Judicial review of pardon: Epuru Sudhakar (2006)
    • Art 111 suspensive veto and Art 123 ordinance satisfaction open to review (Krishna Kumar Singh 2017)
  3. (c) Explain the slant in favour of the Centre in the distribution of powers. 10 marks · 150 words

    explain— definition/context → points in order → small example → short close

    Must cover

    • Legislative dominance: Union List, Art 254, residuary Art 248, Arts 249-253
    • Administrative and financial tilt: Arts 256-257, 365, Governor, AIS, Arts 270-293
    • Emergency provisions (Arts 352, 356, 360) and Art 3
    • Counter-balances and conclusion (S.R. Bommai; cooperative federalism)

    Loses marks

    • Ignoring the Residuary Powers
    • Failing to mention the Emergency Provisions
    • Treating the distribution of powers as balanced

    Earns more

    • Mention the Concurrent List and its limited scope
    • Discuss the Centre's financial control over states
    • Reference the Centre's power to legislate on state subjects

    Extra mark

    • Sarkaria Commission (1988) and Punchhi Commission (2010) recommendations on Centre-State relations
    • State of West Bengal v Union of India (1963) and State of Rajasthan v UoI (1977) on Union primacy; federalism as basic structure (S.R. Bommai)
  4. (d) Explain the flexibility of natural justice principles with decided cases. 10 marks · 150 words

    explain— definition/context → points in order → small example → short close

    Must cover

    • Define natural justice: audi alteram partem, nemo judex; flexible (A.K. Kraipak 1969)
    • Post-decisional hearing in urgency (Maneka Gandhi 1978; Swadeshi Cotton Mills 1981)
    • Exclusions: statutory (Tulsiram Patel 1985), necessity (EC v Subramaniam Swamy 1996)
    • Useless formality / prejudice test (Aligarh Muslim University 2000; S.K. Sharma 1996; B. Karunakar 1993)

    Loses marks

    • Ignoring the flexibility of natural justice principles
    • Failing to cite specific cases
    • Treating natural justice as rigid and unchanging

    Earns more

    • Madhyamam Broadcasting (2023) sealed cover limits
    • Reasoned decisions as third principle
    • Non-application to legislative action
    • Irreducible core where civil consequences follow

    Extra mark

    • Rule against bias: test of real likelihood vs reasonable suspicion (Gullapalli Nageswara Rao 1959; Ranjit Thakur 1987)
    • Reasoned orders: S.N. Mukherjee v UoI (1990)
  5. (e) Explain the grounds of judicial review for administrative action with cases. 10 marks · 150 words

    explain— definition/context → points in order → small example → short close

    Must cover

    • Define judicial review of administrative action (Arts 32/226; basic structure - L. Chandra Kumar)
    • GCHQ grounds: illegality, irrationality (Wednesbury), procedural impropriety
    • Proportionality (Ranjit Thakur 1987; Om Kumar 2001; Modern Dental College 2016)
    • Illustrative cases for each ground (Rohtas; Barium Chemicals; E.P. Royappa; Kraipak)

    Loses marks

    • Ignoring the grounds of judicial review
    • Failing to cite specific cases
    • Treating judicial review as a purely theoretical concept

    Earns more

    • Legitimate expectation (FCI v Kamdhenu 1993)
    • Manifest arbitrariness (Shayara Bano 2017)
    • Limits: process not merits (Tata Cellular 1994)
    • Mala fides (S. Pratap Singh 1964)

    Extra mark

    • Proportionality extended to Art 19 and Art 21 review: Anuradha Bhasin (2020)
    • Limited review of contracts and tenders: Jagdish Mandal (2007)
What "Explain" is asking you to do

Make the working of something clear — what sets it off, what follows from what, and what it produces. Explain is the Commission's mechanism word: it dominates the technical papers and the “explain why” stems, where the marks sit in the causal chain and not in the label.

Structure that answers it

State what it is → the initiating condition → the chain of cause, step by step → an instance where it plays out → what the chain produces

Where marks are lost

Describing what something looks like instead of why it works that way. Naming the stages without linking them reads as description too.

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