1st Semester LLB Unitary - Constitutional Law I - Notes, Question Papers and Syllabus
Unit I
Constitution of India – Historical Perspective – Constitutional Development – Political Developments – Making of the Constitution – Constituent Assembly Debates – Constitutional Law: Meaning and Constitutionalism – Various Models of Constitution: Written, Unwritten, Unitary, Federal, Flexible – Parliamentary vs. Presidential – Preamble: Sovereign, Socialist, Secular and Democratic Republic – 42nd Amendment – Basic Structure Theory – Citizenship – Who Is a Citizen of India – Rights Under Migration Due to Partition – Acquisition of Citizenship – Citizenship Rules – Jus Soli and Jus Sanguinis – Termination of Citizenship – Related Case Laws
Unit II
State and Fundamental Rights – Concept of State – Meaning of Law Under Article 13 – Principle of Equality – Articles 14, 15, 16 and Article 17 – Special Reference to the Equal Rights and Equality Before Law Under Article 14 – Rules for Classification – Protective Discrimination Under Article 15 – Gender Justice – Article 16 and Reservation Criteria – Article 17 and Untouchability Abolition Strategy – Relevant Case Laws
Unit III
Fundamental Freedoms and Social Control – Right to Know – Personal Liberty – Rights of Accused Persons and Judicial Attitude – Double Jeopardy – Right Against Self-Incrimination – Article 21 and Judicial Contributions With Special Reference to A.K. Gopalan v. State of Kerala (1951), Maneka Gandhi v. Union of India, Sunil Batra Case – Procedure Established by Law – Due Process – Post Maneka Gandhi Decisions – Fair Procedure, Handcuffing, Legal Aid, Natural Justice, Duty to Hear, Right to Health, Right to Food, Right to Environment, Preventive Detention, Right Against Torture, Right to Die, Right to Privacy, etc. – Important Case Laws – Right to Education – Free and Compulsory Education – Freedom of Education Act – Relevant Case Laws – Right Against Exploitation – Child Labour – Prohibition of Bonded Labour, Human Trafficking, Beggar, etc. – Case Laws – Secularism and Minority Rights – Concept of Religion Under Indian Constitution – Minority Rights – Right to Educational Institution – Controversy on Conversion of Religion – Relevant Case Laws
Unit IV
Judicial Review and Constitutional Remedies – Articles 32, 226 and 227 – Nature of Writs – Classification – Article 32 as Fundamental Right – Laches or Delay in Instituting Writs – Limitation – Public Interest Litigation – Judicial Activism and Judicial Restraint – Directive Principles of State Policy – Directive Principles and Fundamental Rights: A Comparative Approach – Rights Under Articles 31A, 31B and 31C – Judicial Response and Relevant Case Laws – Principles – Social and Economic Justice – Equal Pay for Equal Work, Free Legal Aid – Uniform Civil Code – Promotion of International Peace and Security – Local Self-Government as Directive Policy – Constitutional Amendments and Constitutional Position of the Three-Tier System of Governance – Fundamental Duties
Unit V
Relations Between the Union and States – Extent of Laws Made by Parliament and the State Legislatures, Subject Matter – Power of the Parliament to Legislate on Matters Under the State List – Residuary Power of Legislation – Effect of Inconsistency Between State Law and Union Law – Doctrine of Colourable Legislation, Pith and Substance and Doctrine of Occupied Field – Administrative Relation – Duties and Powers of Union and State – Control of Union Over State – Disputes Relating to Water – Financial Relations – Finance Commission
Suggested Readings
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Shukla, V.N. – Constitution of India
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J.N. Pandey – Constitution of India
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Austin Granville – The Indian Constitution: Cornerstone of a Nation
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Durga Das Basu – Constitutional Law of India
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M.P. Jain – Indian Constitutional Law
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H.M. Seervai – Constitutional Law of India
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Subhash Kashyap – Indian Constitution
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Constituent Assembly Debates