Objectives:
The purpose of the course is to acquaint the students with the idea that the Indian Constitution is
a normative Constitution with value aspirations. The Indian Constitution envisages to establish a
justice system with legal technique. The basic postulate of Constitution like the Constitutional
Supremacy, Rule of law and Concept of Liberty are emphasized in this paper. Exhaustive
analysis of Fundamental Rights and committed approach to Directive principles would form the
essence of the course.
Course content:
UNIT-I
Meaning & Definition of Constitution: kinds of Constitution, Constitutionalism, Salient features
of Indian Constitution.
Preamble: Meaning, Scope, Importance, Objectives and Values enshrined in the Preamble.
Citizenship- modes of acquisition & termination
UNIT-II
State: Definition under Article 12, New Judicial trends on concept of State Action- need for
widening the defintiton.
Definition and Meaning of Law: Pre- Constitutional and Post- Constitutional Laws, Doctrine of
Severability and Doctrine of ecplise, Judicial Review and Article 13.
Equality and Social Justice: General Equality Clause under Article 14, New Concept of Equality,
Judicial Interpretation on Equality.
UNIT-III
Protective Discrimination and Social Justice under Articles 15 and 16, New Judicial trends on
Social Justice, Constitutional Provisions on Untouchability under Article 17.
Right to Freedom: Freedom of Speech and Expression, Different dimensions – Freedom of
Assembly, Association, Movement and Residence, Profession, Occupation, Trade or business,
Reasonable restrictions.
Rights of the Accused: Ex-post facto Law – Double jeopardy, Right against self incrimination (Article 20).
UNIT-IV
Rights of the arrested person, Preventive Detention Laws (Article 22), Right to Life and Personal Liberty, Various facets of Life and Liberty (Article.21), Right against Exploitation, Secularism – Freedom of Religion, Judicial interpretation, Restrictions on freedom of religion,
UNIT-V
Cultural and Educational Rights of minorities – Recent trends Right to Constitutional Remedies: Article 32 and 226 – kinds of writs – Right to property (prior to 1978 and the present position),
Directive Principles of State Policy and Fundamental Duties- inter relation between fundamental rights and directive principles.
Prescribed Book:
1. Dr. V. N. Shukla – Constitution of India
2. M. P. Jain- Indian Constitutional Law
Reference Books:
1. H. M. Seervai – Constitutional Law of India
2. T. K. Tope – Constitutional Law
3. D.D. Basu Shorter Constitution of India
4. S. Shiva Rao- Framing of Indian Constitution
5. Subhash. C. Kashyap – Parliamentary Procedure
6. Subhash. C. Kashyap – History of Indian Parliament
7. R. C. Agarwal-Constitutional Development and National Movement
& A. B. Keith- Constitutional History of India.
9. D.J. De – The Constitution of India Vol. I and Il.