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CL I Syllabus in PDF

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pushpalatha nalliboina
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III/V B.A.,LL.B / I/III LL.

B
Paper-IV
Constitutional Law – I

Constitutional law is a basic or foundation law, on which other laws exist.


Constitutional law is the body of rules, doctrines, and practices that govern the
operation of political communities. The Constitution of a country is a document that
has its own legal sanctity. In modern times the most important political community
has been the state.
At present constitutional law is the offspring of nationalism as well as of the idea
that the state must protect some fundamental rights of the individual. As the number
of states has multiplied, so have constitutions and with them the body of
constitutional law, though sometimes such law originates from sources outside the
State. Constitutional law is the legal system of the country which grants collective
rights and allows people to enjoy their freedom.

Objectives of the Course


The purpose of the course is to acquaint the students with the idea that the Indian
constitution is a normative constitution with value aspirations. It aims to
comprehend the philosophy, the Historical background and objectives of the Indian
Constitution through the Preamble, citizenship, federal concept, amendment
procedure, emergency provisions and the provisions relating to fundamental rights,
directive principles of state policy and duties etc. And this course also aims to
acquaint the students with the Basic Postulates of the Constitution like the
Constitutional Supremacy, Rule of law, and Concept of Liberty. It further aspires to
fathom the conceptually crafted Directive Principles of State Policy and
Fundamental Duties. The course will also rely upon the legal case study method as a
learning strategy for understanding the key principles of constitutional law. The
course deals with both interpretation and implementation of the Indian Constitution.

1
Unit I: Historical Perspective
i. Constitution –Meaning and Significance
ii. Evolution of Modern Constitutions
iii. Classification of Constitutions
iv. Constitutionalism
v. Constitutional developments since 1858 to 1947
- Morle Minto reforms 1909
- Montague –Chelmsfort Reforms 1919
- The Government of India Act 1935
- The Indian Independence Act 1947
vi. Role of Drafting Committee of the Constituent Assembly

Unit II: Introductory


i. Salient features of Indian Constitution
ii. Preamble to Indian Constitution – Importance and Amenability
iii. Nature of the Indian Constitution
iv. Union and Its Territories
v. Citizenship

Unit III: Fundamental Rights


i. Fundamental Rights under Indian Constitution
ii. Classification of Fundamental Rights
iii. Definition of State under Article 12, 13 - Inviolability of Fundamental Rights
- Enforceability of Fundamental Rights
- Distinctions between pre and post Constitutional laws
- Doctrine of eclipse
- Doctrine of Severability
- Doctrine of waiver
- Doctrine of Judicial Review
iv. Right to Equality (Article 14 to 18)
- Equality before law and equal protection of laws
2
- Doctrine of Rule of law
- Doctrine of Reasonable Classification
- Right against arbitrariness
- New doctrine of Equality
- Right against discrimination
- Doctrine of Protective Discrimination
- Doctrine of Compensatory Discrimination
- Equality in Public Employment : Reservation
- Abolition of Untouchability
- Abolition of Titles
v. Right to Freedom (Article 19 to 22 and 21A)
- Six freedoms and the reasonable restriction on the exercise of those freedoms
under Article 19
- Protection against Ex-post Facto Laws; Double Jeopardy; Compelled self
incrimination
- Right to life and personal liberty
- Right to Education (86th amendment, 2002)
- Protection against Arrest and Detention in Certain cases
vi. Right against exploitation (Article 23 and 24)
- Prohibition against Forced Labour
- Prohibition against Child Labour
vii. Right to freedom of Religion (Article 25 to 28)
- Concept of Secularism
- Religious Freedom of the Individual and Religious Denominations
- Restrictions on right to freedom of religion; essential religious practices test
viii. Right to cultural and educational rights (Article 29 and 30)
- Rights of the minorities
ix. Right to Property (Article 19(1)(f), Article 31 and Article 300 (Constitutional
policy before and after the 44th Amendment)
x. Right to Constitutional Remedies (Article 32 and 226)

3
- Writ jurisdiction – meaning, nature, significance and kinds of writs
- Locus standi and Public Interest Litigation
xi. Limitations on Fundamental rights

Unit IV: Directive Principles of State Policy


i. Concept of Welfare State and Social Justice
ii. Meaning, Nature, Significance, Classification and Justiciability
iii. Directive Principles of State Policy vis-à-vis Fundamental Rights (Judicial
Interpretation)

Unit V: Fundamental Duties


i. Evolution of Fundamental Duties (42nd Amendment 1976)
ii. Relationship between fundamental rights and duties
iii. Legislative and Judicial efforts for enforcement of Fundamental Duties

Unit VI: Amendment of the Constitution


i. Need of Amending the Constitution
ii. Methods and process of Amendment
iii. Doctrine of Basic Structure

Unit VII: Emergency Provisions


i. Need of Emergency Provisions
ii. Types of Emergency
- National Emergency
- Constitutional / State Emergency
- Financial Emergency
iii. Impact of Emergency on Federalism and Fundamental Rights (SR Bommai
Case)

4
References:
1. M.P.Jain, Indian Constitutional Law, Wadhwa & Co, Nagpur
2. V.N.Shukla, Constitution of India, Eastern Book Company, Lucknow
3. Granville Austin, Indian Constitution-Cornerstone of a Nation, OUP, New Delhi
4. H.M.Seervai, Constitutional Law of India (in 3 Volumes), N.M.Tripathi, Bombay
5. G.C.V.Subba Rao, Indian Constitutional Law, S.Gogia & Co., Hyderabad
6. B.Shiva Rao, Framing of India’s Constitution (in 5 Volumes), Indian Institute of
Public Administration, New Delhi
7. J.N.Pandey, Constitutional Law of India, Central Law Agency, Allahabad
8. GCV Subba Rao, Indian Constitutional Law, S Gogia & Company, Hyderabad
9. Dr D D Basu, Introduction to the Constitution of India, Lexis Nexis.

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