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    Constitutional Law I LLB

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    Alexander Ebanaezer Sobhan
    This document outlines the objectives and content of a Constitutional Law course for law students. The course aims to provide students with an understanding of key Constitutional principles like the separation of powers and judicial review. It will cover topics like fundamental rights, directive principles, and judicial interpretations. The course is divided into 4 modules that will examine concepts of constitutionalism, individual rights protections, secularism, and the relationship between fundamental rights and directive principles. Students will analyze important case laws and learn how the Indian Constitution has developed historically and through amendments.

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    Constitutional Law I LLB

    Uploaded by

    Alexander Ebanaezer Sobhan
    48 views4 pages
    This document outlines the objectives and content of a Constitutional Law course for law students. The course aims to provide students with an understanding of key Constitutional principles like the separation of powers and judicial review. It will cover topics like fundamental rights, directive principles, and judicial interpretations. The course is divided into 4 modules that will examine concepts of constitutionalism, individual rights protections, secularism, and the relationship between fundamental rights and directive principles. Students will analyze important case laws and learn how the Indian Constitution has developed historically and through amendments.

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    This document outlines the objectives and content of a Constitutional Law course for law students. The course aims to provide students with an understanding of key Constitutional principles like the separation of powers and judicial review. It will cover topics like fundamental rights, directive principles, and judicial interpretations. The course is divided into 4 modules that will examine concepts of constitutionalism, individual rights protections, secularism, and the relationship between fundamental rights and directive principles. Students will analyze important case laws and learn how the Indian Constitution has developed historically and through amendments.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    48 views4 pages

    Constitutional Law I LLB

    Uploaded by

    Alexander Ebanaezer Sobhan
    This document outlines the objectives and content of a Constitutional Law course for law students. The course aims to provide students with an understanding of key Constitutional principles like the separation of powers and judicial review. It will cover topics like fundamental rights, directive principles, and judicial interpretations. The course is divided into 4 modules that will examine concepts of constitutionalism, individual rights protections, secularism, and the relationship between fundamental rights and directive principles. Students will analyze important case laws and learn how the Indian Constitution has developed historically and through amendments.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

    TRIMESTER I

    Title of the subject: Constitutional Law-I


    Subject code: LLB126A Credits: 4

    Rationale: John Acton has said: “Power tends to corrupt and absolute power corrupts
    absolutely”. Constitutional Law is an instrument through which the arbitrary powers of
    the Government can be controlled. It prevents the Government from violating the basic,
    natural and inalienable rights of the individuals and become oppressive and tyrannical. It
    establishes Government; define their functions, powers and duties. The law students are
    required to necessarily have good understanding of Indian Constitutional Law, its
    development through amendments, constitutional practice, conventions and judicial
    decisions.

    Objectives
    The main objective of the Constitutional Law I Course is to study: - 1) The basic
    principles relating to the Constitutional Law like Constitutionalism, Separation of
    Powers, Judicial Review and Rule of Law; 2) The nature, scope and judicial
    interpretations of Fundamental Rights and Directive Principles of State Policy; 3)
    Constitutional remedies for the enforcement of the fundamental rights; 4) Judicial
    activism and public interests litigations; 5) Amendability of the Constitution.

    Intended Learning Outcome


    • Students will get clear picture about the concept of rule of law and constitutionalism
    in historical point of view.
    • Students will get knowledge and understand the Fundamental rights enshrined in the
    Indian Constitution and its importance
    Module I
    Introduction
    • Constitution, Constitutional Law and Constitutionalism
    • Rule of Law
    • Separation of Power
    • Judicial Review

    Indian Constitutional Law: Theoretical and Historical Perspective


    • Genesis and making oftheIndian Constitution
    • Salient features of the Constitution
    • Preamble of the Constitution: Significance and Judicial Interpretation

    ‘State’ under Article 12


    • Scope of the term-'Other Authorities'
    • Judicial Review under Article 13
    • Doctrine of Eclipse
    • Doctrine of Severability
    • Waiver ofFundamental Rights

    Module II
    Right to Equality
    • Article 14 and Doctrine of 'Reasonable Classification'
    • Rule against Arbitrariness
    • Article 15 (4) and 16 (4): Constitutionality of Reservation Policy
    • Mandal Commission Case and Later Developments
    • Special Provisions for Women

    Right to Freedom
    • Freedoms guaranteed under Article 19 and 'Reasonable Restrictions'
    • Freedom of Press and Electronic Media
    • Right to Information
    • Right to Bandh and Judicial Responses

    Rights of an Accused under Article 20


    • Protection against:-
    • Ex post facto laws  Double Jeopardy
    • Self-incrimination

    Right to Life and Personal Liberty


    • Interpretation of Article 21: Maneka to Gopalan and Later
    • Extended View of 'Right to Life'
    • Constitutional Safeguards against Arbitrary Arrest and Detention
    • Constitutionality of Preventive Detention Laws

    Module III
    Secularism and Freedom of Religion
    • Secularism as Basic Structure of the Constitution
    • Freedom of Religion and Restrictions

    Cultural and Educational Rights of Minorities


    • Article 29 and Interests of Minorities
    • Right to Establish and Administer Educational Institutions
    • T.M.A. Pai Foundation Case and Later developments

    Module IV
    Relation between Fundamental Rights and Directive Principles

    Case Laws:
    1. Ajay Hasia Vs Khalid Mujib AIR 1981 SC 487
    2. A.K. Gopalan Vs State of Madras AIR 1950 SC 27
    3. E.P. Royappa Vs State of Tamil Nadu AIR 1974 SC 555
    4. Maneka Gandhi Vs Union of India AIR 1978 SC 597
    5. Chiranjit Lal Vs Union of IndiaAIR 1951 SC 4
    6. Balaji Vs State of MysoreAIR 1963 SC 649

    7. Indra Sawhney Vs Union of India AIR 1993 SC 477


    8. T.M.A Pai Foundation Vs State of Karnataka (2002) 8 SCC 481
    9. P.A. Inamdar Vs State of Mahrashtra (2005) 6 SCC 537
    10. Bennet Colman Vs Union of India AIR 1973 SC106
    11. Bijoe Emmanuel Vs State Of Kerala AIR 1987 SC 748
    12. Communist Part of India (Marxist) Vs Bharat Kumar and Other (1998) 1 SCC 201
    13. Indian Express Vs Union of India (1988) 4 SCC 592
    14. Ismail Faruqui Vs Union of India (1994) 6 SCC 360
    15. Mohammed Hanif Qureshi Vs State of Bihar AIR 1958 SC 731
    16. Veena Sethi Vs State of Bihar (1982) 2 SCC 583
    17. Khatri Vs State of Bihar(1981) 2 SCC 493
    18. Hussainara Khatoon Vs Home Secretary, State of BiharAIR 1979 SC 1369
    19. Vishakha Vs State of Rajashtan (1997)6 SCC 241,
    20. M.C Mehta Vs Union of India AIR1987SC1086
    21. D.K. Basu Vs State of West Bengal 1997 1 SCC 416

    Suggested Readings:
    • Durga Das Basu, Comparative Constitutional Law, 2nd Edition, Lexis Nexis
    Butterworths Wadhwa, Nagpur (2014)
    • Durga Das Basu, Shorter Constitution of India, 14th Edition, Vol. 1 & 2 Lexis Nexis
    Butterworths Wadhwa, Nagpur, (2011)
    • Granville Austin, The Indian Constitution: Cornerstone of a Nation, Oxford University
    Press, (2000)
    • Granville Austin, Working A Democratic Constitution: A History of the Indian
    Experience, Oxford University Press, New Delhi (2012)
    • M. P. Jain, Indian Constitutional Law, 8th Edition, Wadhwa and Company, Nagpur
    (Paperback 2018)
    • M. P. Singh, V. N. Shukla’s Constitution of India, 13th Edition, Eastern Book Company
    (Reprint 2017)
    • K. C. Wheare, Modern Constitutions, Oxford University Press, (1984)
    • Khanna H. R., Making of India's Constitution, 2nd Edition, Eastern Book Co., (2008)
    • Noorani, A.G., Article 370: A Constitutional History of Jammu & Kashmir, Oxford
    University Press, New Delhi (2011)
    • J. N. Pandey, Constitutional Law of India, Central Law Agency (2018)
    • Rao Shiva B., The Framing of India's Constitution, Select Comments, 6 Parts Universal
    Law Publishing Co. Pvt. Ltd., Reprint (2004)
    • O. Chinnappa Reddy, The Court and the Constitution of India, Summits and Shallows,
    Oxford University Press, (2008)
    • H. M. Seervai, Constitutional Law of India, 4th Edition, Vol 1, 2 and 3, Universal Law
    Publishing Co. Pvt. Ltd., (1993)

    Movies:
    • Lincon
    • Shaurya (Hindi)
    • Jail (Hindi)

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