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BBL GC 304 - Constituion I

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0% found this document useful (0 votes)
37 views3 pages

BBL GC 304 - Constituion I

Uploaded by

Kritika Tiwari
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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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

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