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Semester Course Code Credits Hours Course Name
III BBL-GC-304 4 60 Indian Constitution
Course Objectives: • Students will study the basics of Constitutional Law and the salient features of the Constitution of India. • Students will be familiarized with the leading case laws and legislative changes to the provisions of the Constitution. • To comprehend the philosophy of the Indian Constitution, the Historical background of the Indian Constitution, objectives of the Indian Constitution through the Preamble and the provisions relating to fundamental rights and citizenship. • A critical analysis of the significant judicial decisions is offered to highlight judicial restraint, judicial passivity, judicial activism and judicial balancing. • The course intends to provide students with tools for identifying Constitutional issues that may arise so that the issues can be anticipated and averted through proper planning and legal recourse. Course Outcomes: Course Outcomes: On successful completion of the course the learner will be able to: CO 1: Analyze and sort out the diverse judicial tests used to determine the constitutionality of state action. CO 2: Evaluate the idea of welfare state by amalgamating the harmonious impact of Fundamental Rights and Directive Principles of State Policy CO 3: The students should be able to articulate their independent views over contemporary crucial constitutional issues. CO 4: They should have the ability to use and evaluate both classical and contemporary perspectives hidden in the Fundamental Rights and the procedure for compliance of Fundamental Rights and Writ jurisdiction of Supreme Court and High Court under Article 32 and 226 CO 5: Students should be able to demonstrate the ability to apply both in theory and in practice the knowledge of Constitutional Law in legal practice Syllabus: Unit No. of Contents No. Session Unit 1: Constitution Making (Articles 1-11) i. Making of the Constitution ii. Meaning and Significance of Constitution, Constitutional Law iii. Salient features of the Indian Constitution, 1 9 iv. Preamble- its significance v. Union and its Territory vi. Citizenship Unit 2: Fundamental Rights (Articles 12-21A) i. Origin, Purpose and Significance of Fundamental Rights. ii. Concept of State Instrumentalities and agencies. iii. Judicial Review, Pre-constitutional and Post Constitutional Laws, Doctrine 2 8 of Ultra Vires, Doctrine of Eclipse, Doctrine of Severability and Doctrine of Waiver. iv. Fundamental Rights and Reasonable Restrictions. Unit 3: Fundamental Rights (Articles 23-30) i. Right against Exploitation 3 ii. Right to Freedom of Religion 10 iii. Cultural and Educational Rights of Minority Unit 4: Right to Constitutional Remedies (Articles 32 & 226) i. Nature and Scope of Art. 32 & 226 ii. Nature of Review through writ Jurisdiction, Prerogative Writs 4 iii. Powers & Jurisdiction of Supreme Court and High court 10 iv. Suspension of Fundamental Rights v. Effect of Emergency on fundamental rights
Unit 5: Directive Principles of State Policy (Articles 36-51A)
i. Directive Principles of State Policy ii. Relationship with Fundamental Rights iii. Fundamental Rights Judicial and Legislative trends on Directive Principles 5 8 of State Policy. iv. Historical Background of Fundamental Duties v. Fundamental duties under the Constitution Learning Resources: Reference Books: 1. Basu, D. D. Constitutional Law of India, 7th ed. Nagpur: Wadhwa, 1998 2. Avatar Singh, The Constitution of India, 1st edition 2019, Central Law Agency 3. Dr. J. N. Pandey, Constitutional Law of India. 4. Jain, M. P. Indian Constitutional Law, 7th ed. Nagpur: Wadhwa& Co., 2014. 5. H.M. Seervai, Constitutional Law of India, Law and Justice Publishing Company 6. V.N. Shukla, Constitution of India, 15thEdn (2024) Eastern Book Company Supplementary Reading: The Study of the Law of Constitution by A. V. Dicey. Journals: 1. Virginia Law Review 2. Dann, Philipp. “Federal Democracy in India and the European Union: Towards Transcontinental Comparison of Constitutional Law.” Verfassung Und Recht in Übersee / Law and Politics in Africa, Asia and Latin America, vol. 44, no. 2, 2011, pp. 160–176. JSTOR, www.jstor.org/stable/43239605. 3. The Indian Journal of Constitutional Law: Welcome to IJCL-NALSAR University of Law https://ijcl.nalsar.ac.in 4. Austin, Granville. Working a Democratic Constitution: A History of the Indian Experience. New Delhi: Oxford University Press, 1999 Web Resources: www.jstor.org/stable/43239605 https://academic.oup.com/icon https://www.ijrar.org MOOCs: https://onlinecourses.swayam2.ac.in/cec20_hs22/preview