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Constitutional Law I

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Shreyasee Basu
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33 views3 pages

Constitutional Law I

Uploaded by

Shreyasee Basu
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CC-18

Constitutional Law-I

Course code: BALLBHC307

Credit: 4 Marks: 100 [30(CA) +70 (ESE)]

Objectives:

Constitution being Supreme Law of India provides legal validity to all other laws in the country.
It contains the law which governs the government and its relation with the individuals.
Therefore, it becomes very essential to have a clear understanding about the nature and working
of the Constitution.

The Objectives of this course are:

a) To familiarise the students with the philosophy of the Constitution and its different aspects of
Constitutional Law and Constitutionalism

b) To develop an understanding of the working of the Indian Constitution with reference to the
Fundamental rights, Directive Principles of State Policies, and Fundamental Duties.

Learning Outcomes:

1. The Students should be able to gain theoretical knowledge about the core concepts of the
Constitution

2. The Students should be able to attain in depth understanding about Fundamental rights,
Directive Principles of State Policies and Fundamental Duties.

3. It will provide the students latest constitutional developments in India.

Contents:

Unit 1 Concepts:

a) Constitution, Constitutional Law and Constitutionalism

b) Rule of law
c) Separation of powers

d) Concept of Limited Government in India

Unit-II

a) Making of Indian Constitution

b) Nature and special features of the Constitution of India

c) Doctrine of Checks and balances

d) Doctrine of Judicial Review

Unit III: Fundamental Rights

a) Definition of ‘State’ for Enforcement of Fundamental Rights: Justifiability of Fundamental


Rights, Doctrine of Eclipse, Severability, Waiver

b) Right to Equality (Articles14-18): Doctrine of Reasonable Classification and the Principle of


Absence of Arbitrariness, Legitimate Expectations, Principle of Compensatory Discrimination

c) Fundamental Freedom (Article 19): Freedom of Speech and Expression, Freedom of Press and
Media; Expansion by Judicial Interpretation of Article19; Reasonable Restrictions(Article19
clause (2)to(5)

d) Right to Life and Personal Liberty (Articles 20-22): Scope and Content (Expansive
Interpretation- Right to Privacy, Gays’ Rights, Live-in Relationships, etc.)

e) Right to Education (Article 21A): RTE Act, 2009

f) Right against Exploitation (Articles23-24): Forced Labour, Child Employment and Human
Trafficking

g) Freedom of Religion and Cultural and Educational Rights of Minorities(Articles 25-30)

Unit IV

A) Directive Principles and Fundamental Duties

a) Nature and Justiciability of the Directive Principles


b) Detailed Analysis of Directive Principles (Articles 37-51)

c) Fundamental Duties d) Inter-Relationship between Fundamental Rights and Directive


Principles e) Constitutional amendments – to strengthen Directive Principles

B) Right to Constitutional Remedies

a) Writs: Habeas Corpus,Mandamus, Certiorari, Prohibition and Quo-warranto

b) Art. 32 and Art. 226

c) Writ Jurisdiction and Private Sector

d) Judicial activism and restraint

C) Cases on Constitutional Values

a) Navtej Singh Johar v. Union of India (2018)


b) Indira Gandhi v. Raj Narain (1975)
c) S. R. Bommai v. Union of India (1994)
d) Kesavananda Bharati v. State of Kerala (1973)

Suggested Readings

1. J. N. Pandey, Constitutional Law of India, Central Law Agency

2. Dr. Durga Das Basu, Shorter Constitution, Lexis Nexis

3. H.M. Survai, Constitutional Law of India, Universal Law Publication

4. V.N. Sukla, Constitution of India, EBC

5. M.P. Jain, Indian Constitutional Law, Lexis Nexis

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