Course Curriculam

Course Code: LAW123 Credit Units L T P/S SW AS/DS FW No. of PSDA Total Credit Unit
Course Level UG 3 0 0 2 0 0 0 4
Course Title Constitution Law of India II

Course This course will provide an understanding about the rights and duties of the citizens of India. It aims to provide a better understanding of the
Description : constitutional remedies available to every individual.

Course Objectives :

SN
Objectives
.
• The purpose of the course is to acquaint the students with the idea that the Indian Constitution is a normative constitution with value aspirations.
1
The Indian Constitution envisages to establish a justice system with legal technique.
• The course seeks to introduce the student to the relevance of inalienable fundamental rights and restrictions in the Constitution of India and the
2
principles that ought to guide policy making in India.
3 • To acquire basic knowledge about different systems of judicial review and how the courts protect fundamental rights in India.

Pre-Requisites : General

SN. Course Code Course Name

Course Contents / Syllabus :

SN. Module Descriptors / Topics Weightage

Module I
Idea of Fundamental Rights and their importance, against whom the Fundamental rights are available? Definition
Introduction:
1 of ‘State’? meaning of other authorities, Law in Art. 13, Doctrine of Severability and Doctrine of Eclipse, Doctrine of 15.00
Fundamental
Waiver, Articles 33 and 34
Rights
Equality before Law and equal protection of Laws, meaning, constitutional provisions Arts 14, 15, 16, 17, 29 (2),
Module II
325: Total conspectus, Classification for differential treatment, prohibited grounds of discrimination: Arts. 15(1), (2),
Equality and
2 (3), 16 (2), (3), 29 (2); Protective Discrimination in favour of SC / ST and other backward classes and recent trends 20.00
Protective
eg. Schedule IX and Reservation Policy, Women and children Art. 15, 15(3), 15(4), 15(5), 103rd Constitutional
Discrimination
Amendment Act, 2018 ‘Economic Reservation In India’, Abolition of titles – Arts. 18, recent developments.
Freedom of speech and expression and of press; Is Right to Information inclusive in Freedom of Speech and
Expression? Freedom of Assembly, Freedom of Association, Freedom of Movement, Freedom to reside and settle,
Module III
Freedom of profession/Business, etc. Art. 19: Are these freedoms absolute? Rights of an accused: Double
Freedom and
3 Jeopardy, Self-incrimination and retrospective punishment, Art. 20; Right to life and personal liberty: Meaning of 20.00
Personal
personal liberty, Procedure established by Law, Before Maneka Gandhi, Maneka Gandhi and thereafter, judicial
Liberty
outreach via Art. 21; preventive detention and constitutional safeguards: Art. 22; Right to education Art. 21-A,
recent developments.
Module IV
Concept of Secularism, Indian Constitutional provisions, Indian concept of Secularism, Freedom of religion, Scope:
Freedom of
Arts. 25, 26, Doctrine of Res Judicata Limits of Freedom, Public Interest Litigation Religion and State in India,
4 Religion and 20.00
Minority rights: Scope and Meaning, Minority right to educational institutions and judicial attitude, recent
Right of
developments.
Minorities
Module V
Right to Right to Constitutional Remedies: Judicial Review Writs: Habeas Corpus, Mandamus, Certiorari, Prohibition and
5 15.00
Constitutional Quo-Warranto, Art.32 and 226, recent developments.
Remedies
Module VI Directive Principles; Nature and reasons for incorporation, inter-relationship between fundamental rights and
Directive directive principles, judicial policy towards Directive principles from Champakam to Minerva Mills and thereafter,
6 Principles of 10.00
Art. 51-A (K) and its correlation with Art. 21-A,Overview of Fundamental Duties, Art. 51-A (K) and its correlation
State Policy with Art. 21-A,recent developments.
 and
Fundamental
Duties

Course Learning Outcomes :

SN. Course Learning Outcomes

1 • Recall, identify, describe and assess basic Constitutional issues pertaining to fundamental rights, fundamental duties and constitutional remedies.
2 • Understand the detailed analysis of fundamental freedoms and duties guaranteed under the Constitution of India.
• Apply Constitutional principles that may arise in hypothetical situations dealing with fundamental rights, fundamental duties and constitutional
3
remedies.
4 • Analyze the relevant doctrines and key cases in each major area of fundamental rights, fundamental duties and constitutional remedies.
5 • Examine the past and contemporary developments in constitutional law.
6 • By the end of this course, students will be able to design an independent research project in constitutional law.

Pedagogy for Course Delivery :

SN. Pedagogy Methods

The course will be delivered through a combination of theoretical and case study approach. All the leading cases as well as current cases shall be
1
discussed to clear queries & doubts and to make concepts more clear.

Theory /VAC / Architecture Assessment (L,T & Self Work): 100.00 Max : 100

Attendance+CE+EE : 5+35+60

SN. Type Component Name Marks

1 Attendance 5.00
2 End Term Examination (OMR) 60.00
3 Internal PROJECT 5.00
4 Internal REPORT WRITING 10.00
5 Internal Viva 10.00
6 Internal CLASS TEST 10.00

Lab/ Practical/ Studio/Arch. Studio/ Field Work Assessment : 0.00 Max : 100

N/A

List of Professional skill development activities :

No.of PSDA : 4
SN. PSDA Point
1 Moot Court
2 Case Study and analysis
3 Drafting writ petitions
4 Visiting Supreme Court/ High courts/ National/ State Commissions and writing reports
Text & References :

SN. Type Title/Name Description ISBN/ URL

• D. Basu, Shorter Constitution of India
1 Book
(14th Ed. 2008, reprint 2010)
• N. Shukla, Constitution of India, Eastern
2 Book
Book Agency, 2014
M. P. Jain, Indian Constitutional Law, Lexis
3 Book
Nexis, 2013
D. D. Basu, Introduction to the Indian
4 Book
Constitution of India, (20th Ed. 2009)
H. M. Seervai, Constitutional Law of India,
5 Book
Universal Law Publishing Co., Reprint 2013
Glanville Austin, Indian Constitution –
6 Book cornerstone of the Nations, Oxford
University Press, 1999
P. M. Bakshi, The Constitution of India,
7 Book
Universal Law Publishing Co., 2014
A.G. Noorani (2000): Constitution questions
8 Book in India: The President, Parliament and the
States, Ne
Dicey, A.V.: An introduction to the study of
9 Book
the Law of Constitution
Constituent Assembly Debates (5 books) -
10 Book Official report, LokSabha Secretariat, New
Delhi.