INTRODUCTION

A Constitution is the substrata upon which the edifice of a legal system is developed. It is the ‘fundamental law of superior obligation’. It enunciates the legal indices for the measure of all subsequent legislation.

The Indian Constitution – for purposes of smooth functioning of the organs of government – divides power; demarcating in principle the purview and scope of the authority assigned to the various agencies of the state. In particular, it apportions authority along three main divisions: between the centre and state governments; amongst the branches of the government; and between all levels of government and individuals. The vast majority of live constitutional questions concern a conflict along one or more of these lines. Collectively, they comprise our course of study.

COURSE
DURATION

COURSE OBJECTIVE

This course aims at introducing the student to several methods of construing the meaning of constitutional provisions. The course is designed primarily to assist the student in developing knowledge of constitutional doctrines and to acquaint him/her with the basic legal principles under-girding the Indian Constitutional Law. It is an attempt at finding answers to some of the most basic questions, such as what is a Constitution. Why we need a Constitution? How is it made? What should it contain? What are the various types of Constitutions? How is it amended? Can Parliament rewrite the Constitution? Why judicial review is needed? What is the difference between judicial review and judicial activism? What is the current debate about judicial activism v. judicial restraint? Does Parliament have the power not to codify its privileges? The course further encompasses the nature and powers of the Parliament, the President, the Courts and the interplay of these authorities with each other, and the State government.

This course shall employ both traditional and multimedia instruction to promote the understanding of constitutional frameworks, institutions, procedures and policies. The object is not to produce Constitutional scholars per se, but to enable student proficiencies in the scholarly study of law and its application.

COURSE OUTLINE

  • Constitutionalism, Constitution and Constitutional law

  • Framing of the Indian Constitution

  • Salient Features of Indian Constitution

  • Fundamental Rights: Nature & Scheme

  • Right to Constitutional Remedies

  • Public Interest Litigation

  • Special Leave Petition

  • Directive Principles of State Policy

  • Fundamental Duties Union & State: Distribution of Powers

  • Emergency Provisions

  • Amendment of the Constitution

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