LL.M Sem-I Optional Paper-Constitutional Law Syllabus 2022-23
LL.M Sem-I Optional Paper-Constitutional Law Syllabus 2022-23
LL.M Sem-I Optional Paper-Constitutional Law Syllabus 2022-23
OBJECTIVE
To impart legal knowledge about the philosophical growth and
development of Constitution of India.
In depth analysis of Federal Governance in India
Comparative analysis of Pluralism and Constitution
Jurisprudence
OUTCOME
After completion of this paper students will be in position to
Know Constitution Philosophy and Practice in India
Analyse Constitutional basic Structure
Carry out comparative studies of Constitutional Provisions in
U.S.A & Australia, Canada
Module – I (1 Credit)
1. Constitutionalism:
Authoritarianism – Dictatorship Democracy – Communism.
Limited Government – Concept – Limitations on government
power.
What is a Constitution?
Development of a democratic government England – Historical
evolution of constitutional government.
Conventions of constitutionalism
Written Constitutions: U.S.A., Canada, Australia, Sweden, South
Africa and India.
Separation of powers: Montesquieu. Rule of Law: Concept and
new horizons Marxist concept of Constitutionalism Dictatorship
of the proletariat.
Communist State from Stalin to Gorbachov. Fundamental Rights:
Human rights
Judicial Review: European Court of Human Rights. Human
Rights: International conventions.
Limits & doctrine of domestic jurisdiction in International Law.
2. Federalism:
What is a federal government?
Difference between confederation and federation. Conditions
requisite for federalism.
Patterns of federal government – U.S.A., Australia, Canada,
India.
Judicial review – for federal umpiring
New trends in federalism: Co-Operative federalism India –
Central Control v. State Autonomy
Political factors influencing federalism
Plural aspects of Indian Federalism: Jammu & Kashmir, Punjab,
Assam.
Dynamic of federalism.
Module – II (1 Credit)
3. Pluralism:
What is a pluralistic society?
Ethnic. Linguistic, cultural, political pluralism
Individual rights – right to dissent
Freedom of speech and expression
Freedom of the press
Freedom of association
Rights to separateness
Freedom of religion
Rights of the religious and linguistic minorities
Compensatory discrimination for backward classes
Women – right to equality and right to special protection
Scheduled Tribes, Distinct Identity – protection against
exploitation – NSIS – Exclusion from Hindu Law
Module – IV (1 Credit)
6. Pluralism and International Concerns:
Universal Declaration of Human Rights
Conventions against genocide
Protection of religious, ethnic and linguistic minorities
State intervention for protection of human rights
Right of self-determination
References: —
H.M. Seervai, Constitutional Law of India (1993), Tripathi,
Bombay Students should consult relevant volumes of the Annual Survey of
Indian Law Published by the Indian Law Institute.
Judicial Law Making and the Place of the Directive Principles in the Indian
Constitution,‖ J.I.L.I. 198 (1985)
M.A. Fazal ―Drafting A British Bill of Rights‖ 27 J.I.L.I. 423 (1985)
M.P. Jain Indian Constitutional Law (1994), Wadhwa Jagat Narain― Rhett
Ludwikowski, ―Judicial Review in the socialist Legal Systems : Current
Development‖ 37 I.C.L.D.89-108 (1988)
Upendra Baxi, ―Law, Democracy and Human Rights‖ - 5, Lokayan
Bulletin 4 (1987)
V.M. Dandekar ―Unitary Elements in a Federal Constitution‖ 22
E.P.W. 1865 (1988)
PAPER-II- NATIONAL SECURITY, PUBLIC ORDER, AND
RULE OF LAW (4 Credits)
OBJECTIVE
In depth understanding about Rule of Law in the context of the
Indian Constitution
Analysis of Preventive Detention Laws in the light of
Constitutional Jurisprudence
Critical Appraisal of National Security of Public order in India
OUTCOME
After completion of this paper students will be in position to
know various detention laws such as COFEPOSA and laws
relating to economics offences
Carry out critical analysis of Human Rights issues of detenues in
the light of Constitutional Provisions
Perform in depth analysis of detention Laws
Module – I (1 Credit)
1. National Security, Public Orders and Rule of Law:
Emergency Detention in England
Civil Liberties Subjective satisfaction or objective assessment?
Pre-Independence law
Module – II (1 Credit)
3. Exceptional Legislation:
COFEPOSA and other legislation to curb economic offenders
TADA: ―The draconian Law‖- comments of NHRC Special
courts and tribunals
Due process and special legislation
4. Civil Liberties and Emergency:
Article 19
Meaning of ―Security of State‖
Meaning of ―Public Order‖
Suspension of Article 19: rights on declaration of emergency
President‘s Right to suspend right to move any court
Article 21 – special importance- its non-suspendability -44th
Amendment
Module – IV (1 Credit)
7. Human Rights in India:
Constitutional Philosophy
Human Rights of Disadvantaged Groups – Women, Children,
Dalits, Unorganized Labour and Minorities.
Police, Prison and Human Rights
Judicial Activism.
References: —
G.O. Koppell ―The Emergency, The Courts and Indian Democracy‖ 8 J.I.L.I.
287(1966)
H.M. Seervai, The Emergency, Future Safeguards and the habeas Corpus
: A Criticism (1978)
N.C. Chatterji and Parameshwar Rao, Emergency and the Law (1966)