Paper II – CONSTITUTIONAL LAW –I

SYLLABUS

SEMESTER – I (LL.B. 3yr course)

Paper II – CONSTITUTIONAL LAW –I

Unit-1:

1. Historical Perspective: Constitutional Developments since 1858 to 1947 Morle Minto Reforms-Dyarchy-Montague-Chelmsford Reforms. Indian National Congress 1885, Various Trends of opinion, Social Reform vs. Political Independence, Protest against British Repression. Jalianwala Bagh, Rowlatt Act-Sedition Trials of Tilak.
2. Making of India’s Constitution – concept of constitution and Constitutionalism-Salient features Constituent Assembly – Sovereignty. Preamble status and its goals.
3. Concept of state and law (Articles 12 & 13).

Unit-2:

1. Equality and Social Justice: Equality before the law and Equal protection of Lawsmeaning- Constitutional provisions – Total conspectus – Articles 14, 15, 16, 17, 29 (2), 325 Classification for Differential Treatment, Gender Justice, Arts. 15(1),(2),(3), 16, 29(2), Administrative discretion and Equality, Compensatory Discrimination for Backward Class/SC & ST.
2. Freedoms and Social Control: Freedom of speech and expression, Freedom of the Press, Freedom of Speech and Contempt of Court, Freedom of Assembly, Freedom of Association, Freedom of Movement, Freedom to Reside and Settle, Freedom of profession/business etc. Property and social control from 1950 to 1978, Property and social control -after 1978.
3. Personal Liberty: Rights to an accused – Double Jeopardy, Right against selfincrimination, Right against Retroactive Punishment, Right to life and Personal Liberty-Meaning of – Art. 21. Gopalan, case, Personal Liberty-Meaning of- Maneka Gandhi, Sunil Batra, etc., case law. Procedure established by law-Gopalan, Kharak Singh, case. Procedure established by law – Due process – Maneka Gandhi and after.

Unit-3:

1. Preventive Detention-Constitutional Policy Art. 22, Preventive Detention- Safeguards under the Constitution, Art. 23.
2. Secularism: Concept of Secularism-Indian Constitutional provisions, Historical Perspective of India Secularism, Religion and State-in India-State control and noninterference with Religion. Concept of Secularism; American Model – Separation of State- Church-Is it relevant to India? Tradition in India- Equal Respect for All Religions
3. Minority Rights-Why? Scope- Meaning of Minority, Minority Rights to Educational Institutions.

Unit-4:

1. Constitutional Remedies: Supreme Court & High Courts.
2. Fundamental Rights and Directive Principles: Directive Principles-Reasons for incorporation, Directive Principles-Directions of Social Change – A new social order Fundamental Rights and Directive Principles – Interrelationship-Judicial balancing, Constitutional amendments – Arts, 31A, 31-B and 31-C to strengthen Directive Principles Judicial policy towards Directive Principles from Champakam to Minerva Mills. Relationship between Fundamental Rights, Directive Principles and Fundamental Duties.