Constitutional Law - Preamble, Fundamental L T M/CL J C

LAW4101 Rights, Duties and Directive Principles of State

4 0 2 0 4
Policy
Course objective: This Course is an introduction of Indian Constitution and basic concepts highlighted
in this course for understanding the Constitution of India. This course is structured to give a deeper
insight for making the nexus between the other law subjects.

Learning Outcome:

At the end of the course the student is expected to have acquired:

1. A basic understanding of Constitution of India.

2. Builds the ability to apply the knowledge gained from the course to current social legal issues.
3. Ability to understand and solve the contemporary challenges.
4. Understanding constitutional remedies.
COs:1,2,3,4

L
Modules Topics CO
Hrs

Introduction : Constitution – concept and definition –

Constitutionalism- Indian Constitutional history – Constituent
Assembly – Drafting and adoption of the Constitution- Salient
features – Federalism – quasi federal nature - Rule of Law -
1 Separation of Powers The Basic features Constitution of India - 8 1,2
Preamble of the Constitution – Importance – Basic Structure –
Interpretations of Sovereign, Socialist, Secular, Democratic,
Republic – Concepts of Justice, liberty, equality, fraternity -
Important amendments- Implications of 42nd Amendment

Territory & citizenship- Territory of India- Admission or

establishment of new States, Alteration of Areas and Boundaries
of existing States – Reorganisation of states - Cession of territory
2 Citizenship - Citizenship Act, 1955 - two basic characters of 3 1,2
citizenship rule, jus soli and jus sanguinis – acquisition and
termination of citizenship - Dual Citizenship - Overseas
Citizenship – Corporate citizenship

Fundamental rights – concept & doctrines- Concept of

Fundamental Rights - Human Rights and Fundamental Rights -
3 Interrelationship of Fundamental rights 9 2,3
• Definition of State – juristic personality – Privatization-
corporations – Judiciary a state or not
 • Law - Laws inconsistent with Fundamental Rights -
Doctrine of Eclipse - Doctrine of Severability - Waiver of
Fundamental Rights
• Nature of the rights conferred - Equality before law and
equal protection of laws- Protection against arbitrary
actions – Principles of Natural Justice - Affirmative
Action – Distributive Justice
Caste & Constitutional Guarantees - Abolition of
untouchability – abolition of titles Special provisions for women
and children – Special provisions under other Legislations -
Women’s Commission - The Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013 -
Child Rights Commission - Protection of Children from Sexual
Offences Act, 2012
• Special Provisions for backward classes - Reservation
of seats for Scheduled Castes and Scheduled Tribes in the
House of the People and Legislative Assemblies -
National Commission for Scheduled Castes - National
4 Commission for Scheduled Tribes 12 2,3
• Principle of non-discrimination - Equality of opportunity
in public employment- National Rural Employment
Guarantee Act
• Pre Mandal Commission and Post mandal developments
- Development through constitutional amendments -
Recent developments after Ashok Thakur’s Judgment
• Reservations in promotions – latest developments -
Constitution 117th Amendment Bill - Claims of
Scheduled Castes and Scheduled Tribes to services and
posts

Right to freedom : Freedom of Speech and Expression -

Freedom to Assemble - Freedom to form Association - Freedom
of Movement & Residence - Freedom to carry any occupation,
trade or business
• Right to Information – Right to know – Hate Speech -
Sedition
• Freedom of Press
5 • Reasonable Restrictions 12 2,3
• Rights of the accused - protection against Ex-post facto
Law, Double jeopardy, Self Incrimination
• Right to life and personal liberty: meaning, scope and
limitations
• Procedure established by law and Due process
• Incorporation of Article 21A - Right to Education
• Constitutional Safeguards against arbitrary arrest -
 Preventive detention – constitutional policy
• Prohibition against child labour, bonded labour,
trafficking of human being

Secularism and Right to religion- Secularism in the Indian

constitution – historical perspective – right to profess, practice
6 and propagate religion - Freedom to manage religious affairs - 5 3,4
restrictions - Religious conversion -Protection of interest of
minorities- Right of minorities to establish and administer
educational Institutions - Regulation of Minority Institutions
Right to property : Concept of eminent domain – right to
7 property – nature – constitutional and legal - evolution- 3 3,4
Compulsory acquisition – public purpose – Article 300A –
Saving of certain laws
Right to constitutional remedies: Prerogative remedy - writs -
types – habeas corpus, mandamus, quo warranto, certiorari and
prohibition, – nature and procedure of these writs-Limits of writ
8 jurisdiction – locus standi as strict rule - Delay in instituting writ 6 3,4
petition, latches, exhaustion of alternative remedy-Comparison
of article 32 and 226-Public Interest Litigation – liberalisation of
locus standi – merits and demerits
Directive principles of state policy & Fundamental Duties:
Nature of Directive Principles - social and welfare perspectives -
Non-justiciability of Directive Principles- Constitutional
amendments - to strengthen Directive Principles - Inter-
relationship between Directive Principles and Fundamental
9 Rights - Reading Directive Principles into Fundamental Rights – 6 3,4
harmonious construction
Fundamental Duties – Need for Fundamental duties –
Enforcement
Interrelationship with fundamental rights and directive
principles
10 Emerging and contemporary issues in Indian Constitution 3 1,2,3,4

Total Lecture Hours 65

# Mode: Flipped Class Room, Case Discussions and Lectures

Text Books

• M.P. Jain, Indian Constitutional Law

• M.P. Singh (ed.),V.N. Shukla, Constitutional Law of India
• D.D. Basu, Commentary on the Constitution of India
References
• A.V. Dicey, An Introduction to the Study of the Law of the Constitution
• Abhinav Chandrachud, Due Process of Law
• B. Shiva Rao (ed.), The Framers of Indian Constitution: Selected Documents
• B. Sivaramayya, Inequalities and the Law
• Constituent Assembly Debates Vol. 1 to 12 (1989)
• D.D. Basu, Human Rights and Constitutionals Law
• D.D. Basu, Introduction to Constitution of India
• Granville Austin, The Indian Constitution: The Cornerstone of a Nation
• H.M.Seervai, Constitutional Law of India
• Justice P.B. Mukharji, The Critical Problems of the Indian Constitution
• K.C. Wheare, Federal Government
• M. Galanter, Competing Equalities: Law and the Backward Classes in India
• M. V. Pylee, Constitutional Amendments in India
• M.V. Pylee, Our Constitution, Government and Politics
• P. Ishwara Bhat, Fundamental Rights: A Study of Their Interrelationship
Mode of Evaluation :

Theory: class tests, Quizzes/ Assignments/Term Paper and FAT

Board of Studies : 30 May 2017

Academic council : 15 June 2017