This course will explore the ways in which courts, governments and individuals shape Indian constitutional law. It will include an overview of the different schools of theoretical thought regarding constitutional interpretation, but also around principles such as popular sovereignty, federalism, the separation of powers, the rule of law, and the role of the common law. The course will give students an opportunity to explore current constitutional questions as well as historically important constitutional disputes. Students will gain an understanding of the trajectory of, and trends in, constitutional law. The study of these topics will allow students to deepen and broaden their understanding of the principles of constitutional law learnt in the compulsory course, Advanced Constitutional Law. Students will gain an understanding of the practice of key actors in constitutional matters, including the High Court, state and federal executives and legislatures, indigenous people and other individuals.
The course is a full credit course for universities. Generally, law universities offer this course as a 4-credit full course which is taught over one semester. The course is certification ready and looking into its importance for persons associated and interested in the Constitution of India, it will be able to meet the needs of lifelong learners. Professionals who may not be enrolled for a regular degree or who only wish to understand constitutional law, their need will be served by the course. The course has proctored examination at the end of the semester and gives credits to students.
Course Outcomes:On successful completion of this course, students will be able to:
1. Analyse the principles of Indian constitutional law, undertake self-directed legal research at an advanced level, and evaluate complex legal information.
2. Critique the operation of constitution of India from a theoretical and policy perspective.
3. Structure sustained and concise written and oral arguments for a legal audience.
4. Analyse the operation of the Constitution of India from a policy perspective, and in the context of social and cultural diversity.
5. Communicate effectively individually and as part of a team. Work in collaboration with others to prepare written documents. Engage with team members in an ethical and professional manner.
6. Apply legal and theoretical concepts to specific situations.
COURSE LAYOUT ADVANCED CONSTITUTIONAL LAW-I
FUNDAMENTALS & STRUCTURES OF INDIAN GOVERNMENT
1. Constitutional History- Making of Indian Constitution
2. Democratic and Republican nature of Government
3. Preamble, Constitutional Interpretation and Constitutionalism
4. Separation of Powers
5. Judicial Review
6. Union and its Territory
8. Meaning and Concept of ‘State’
9. Parliament and State Legislatures
10. Parliamentary Practices and Procedures
11. Anti-Defection Law and Schedule X
12. Parliamentary Privileges
13. Legislative Relations between Union and States
14. Administrative and Financial Relations between Union and States
15. ‘Executive’ and Protection to Civil Servants
16. Public Service Commissions and Tribunals
17. ‘Judiciary’ under the Indian Constitution (Powers, Jurisdiction and Procedure)
18. Judicial Independence
Revision and Assessment
19. Judicial Appointments and Accountability-I
20. Judicial Appointments and Accountability-II- NJAC Judgment and Way Forward
21. Panchayats, Municipalities and Co-Operative Societies
22. Elections in India
23. Emergency Provisions
24. Amendment of the Constitution and Doctrine of Basic Structure
25. Scheduled and Tribal Areas
26. Granting Special Status (J & K) and Special Provisions to States
27. Official Language
28. Inter-State Trade and Commerce
29. Special Provisions relating to Union Territories
30. National Capital Territory of Delhi
Revision, Assessment and Evaluation