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Module 01 |
Making of
the Constitution : 1.
Demand for a Constitution framed by a
Constituent Assembly 3.
The Wavell Plan of 1945 4.
The Cabinet Mission Plan, 1946 6.
The Indian Independence Act, 1947 7.
Constituent Assembly in India and framing of
the Constitution: a)
Formation of the Constituent Assembly of India
b) The
issues before the Constituent Assembly c)
Passing of the Constitution d) Dr.
Ambedkar’s warning and anxiety about the working of the Constitution e)
Date of Commencement of the Constitution |
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Module 02 |
Basic Concepts, Preamble, Territory of India and Citizenship : |
Basic Concepts under the Constitutional Law :
1. Concepts
of Constitutional Law and Constitutionalism
2. Forms
and characters of various models of Constitution 3. Salient features of
the Constitution of India Preamble to
the Constitution of India :
1. Meaning
of the Preamble
2. Object,
Purpose and Scope of the Preamble
3. Contents
of the Preamble
4. Utility
of Preamble in interpretation of the Constitution
5. Whether
Preamble is part of the Constitution?
Union and its Territory (Articles 1 to 4) :
Citizenship of India :
1. Constitutional Provisions (Articles 5 to
11) :
a) Importance
of Citizenship under the Constitution of India
b) Citizens
by Domicile
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c)
Citizens by Migration d) Citizens
by Registration e)
Termination of Citizenship f)
Dual Citizenship 2. The Citizenship Act, 1955 : a)
Introduction, Objects and Reasons of the Act b) Citizenship
by Birth c)
Citizenship by Descent d) Citizenship
by Registration e)
Citizenship by Naturalisation f)
Citizenship by Incorporation of territory g) Cessation
of Citizenship h) Deprivation
of Citizenship i)
Expulsion of Foreigner |
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Module 03 |
General Principles
Relating to Fundamental Rights (Articles 12 and 13) : 1.
Concept of Fundamental Rights – Their Origin
and Development 2.
History of the demand for Fundamental Rights
in India 3.
Justiciability of Fundamental Rights - a)
Laws inconsistent with fundamental rights b) Unconstitutionality
of Statute c)
Doctrine of Eclipse d) Doctrine
of Severability e)
Waiver of Fundamental Rights 4.
Concept of State and its Importance 5.
Concept of Law and Law in force 6.
Whether the Constitution Amendment Act is law
under Article 13? |
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Module 04 |
Right to Equality
(Articles 14 to 18) : 1.
Equality before law and Equal protection of
Law 2.
Permission of Reasonable Classification but prohibition of Class legislation 3.
Article 14 Strikes at Arbitrariness 4.
Prohibition of discrimination against citizens
5.
Right to Access to Public Places 6.
Special provisions for women and children 7.
Special provisions for Backward Classes 8.
Equality of Opportunity in Matters of Public
Employment 9.
Requirement as to Residence in State 10. Reservation
of Posts for Backward Classes 11. Reservations
in Promotion 12. Carry
Forward of Reserved Vacancies 13. Percentage
of Reservation - Rule of rounding up 14. Abolition
of Untouchability 15. Abolition
of Titles |
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Module 05 |
Right to Freedom
I (Article 19) : |
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1.
Freedom of Speech and Expression and
Reasonable Restrictions on it 2.
Freedom of Assembly and Reasonable
Restrictions on it 3.
Freedom to form Association or Union and
Reasonable Restrictions on it 4.
Freedom of Movement and Reasonable
Restrictions on it 5.
Freedom of Residence and Settlement and
Reasonable Restrictions on it 6.
Freedom of Profession, Occupation, Trade and
Business and Reasonable Restrictions on it 7.
Right to Property - a)
Pre- 1978 Position - Article 19(f) and 19(5);
Eminent Domain; Article 31; Inter-relation of Article 31, Article 14 and Article
19(1)(f) b) Present
Position - Article 31 A, Article 31 B, Article 31 C, Article 300 A |
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Module 06 |
Right to Freedom II
(Articles 20 to 22) : 1.
Protection in Respect of Conviction for
offences - a)
Protection against Ex-post Facto Law b) Guarantee
against Double Jeopardy c)
Privilege against Self-Incrimination 2.
Protection of Right to Life and Personal
Liberty - a)
A. K. Gopalan to Maneka Gandhi b) Relationship
between Articles 19, 21 and 22 c)
Due Process of Law d) Extended
view in post Maneka Gandhi period 3.
Right to Education - Evolution and Importance 4.
Protection against Arrest and Detention - a)
Protection against Arrest b) Protection
against Preventive Detention c)
Laws Authorising Preventive Detention |
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Module 07 |
Right against
Exploitation (Articles 23 and 24) : 1.
Traffic in Human Beings 2.
Begar and Similar forms of Forced Labours 3.
Compulsory Services for Public Purpose 4.
Prohibition of Employment of Children |
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Module 08 |
Right to Freedom of
Religion (Articles 25 to 28) : 1.
Concept of Secularism 2.
Freedom of Conscience and right to Profess or
Practice and Propagate religion 3.
Freedom of Religion of Religious Denomination 4.
Freedom from Paying of Taxes for Promotion of
any Religion 5.
Annual Payment to certain Devasworm Funds
(Article 290A) 6.
Prohibition of Religious Instructions in
Educational Institutions |
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Module 09 |
Cultural and
Educational Rights (Articles 29 to 30) : 1.
Concept of Minority 2.
Protection of Interest of Minorities 3.
Right of a Minority to Establish Educational
Institution |
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4. Regulation of Minority Educational
Institution |
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Module 10 |
Right to
Constitutional Remedies (Articles 32 to 35) : 1.
Enforcement of Fundamental Rights 2.
Procedure in Enforcement of Fundamental Rights
3.
Power to issue Writs, Directions or Orders –
Types of Writs 4.
Comparison between Article 32 and Article 226 5.
Public Interest Litigation 6.
Fundamental Rights during Emergency 7.
Power of Parliament to Modify Fundamental
Rights with respect to some Forces 8.
Fundamental Rights during operation of Martial
Law 9.
Legislation to give effect to Fundamental
Rights |
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Module 11 |
Directive Principles of State Policy
(Articles 36 to 51) and Fundamental Duties (Article 51A) : 1.
Nature and Importance of Directive Principles 2.
Inter-relationship between Fundamental Rights
and Directive Principles. 3.
Directive Principles of State Policy 4.
Fundamental Duties – Nature and Importance |
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Module 12 |
Amendment of the
Constitution (Article 368) : 1.
Power and Procedure of Amendment 2.
Amendment / Change by Simple Majority 3.
Amendment by Special Majority 4.
Amendment by Special Majority with
Ratification by Majority of States 5.
Amendment of Fundamental Rights 6.
Basic Structure Doctrine |
Recommended Readings:
1. M.
P. Jain, Indian Constitutional Law,
LexisNexis (2015).
2. D.D.
Basu, Constitutional Law of India,
LexisNexis (2013).
3. Narendra
Kumar, Constitutional Law of India,
Allahabad Law Agency (2015).
4. H.
M. Seervi, Constitutional Law of India,
N.M. Tripathi.
5. Arvind
Datar, Commentary on Constitution of
India (3 Vols), LexisNexis (2010).
6. Sathya
Narayan (Ed), Selected Work of S.P. Sathe
(3 Vols), Oxford University Press (2015).
7. M.P.
Singh, V.N. Shukla’s Constitution of
India, Eastern Book Company, (2013).
8. Sujit
Chaudhry, Madhav Khosala and Pratap Bhanu Mehta, The Oxford Handbook of the Indian Constitution, Oxford University
Press.
9. Granville
Austin, Working of a Democratic
Constitution- The Indian Experience, Oxford University Press.
10. Gautam
Bhatia, The Transformative Constitution:
A Radical Biography in Nine Acts, Harper Collins Publication, India. 2019.
11. Madhav
Khosala, The Indian Constitution
(Oxford India Short Introductions), Oxford University Press, 2012.
12. Sudhir
Krishnaswamy, Democracy and Constitutionalism
in India – A Study of the Basic Structure Doctrine, Oxford University
Press.
13. S.B.
Shiva Rao, The Framing of the Indian
Constitution, Vols. I and V, the Indian Institute of Public Administration,
New Delhi (1966).
H.R. Khanna, Making of India’s Constitution, Eastern Book Co., Lucknow.
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