503 - Constitutional Law-I

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DR. B.R.

AMBEDKAR NATIONAL LAW UNIVERSITY, SONEPAT


(Established by the Haryana State Legislature Act No. 15 of 2012)

SYLLABUS FOR B.A.LL.B (HONS.) 5 YEARS INTEGRATED COURSE

Semester- V

Course: Constitutional Law-I


Course Code: 503
Credits: 05

Course Objectives: The key objectives of this course are:

1. To inculcate skills of reading the Constitution in the learner.

2. To make the learners familiar with the concept of fundamental rights and
constitutionalism in Indian context.

3. To make the learners identify the fundamental policy choices incorporated in the
Constitution.

4. To make the learners articulate opinions on significant, vital, controversial, and


current constitutional and judicial issues.

MODULE-I

Introduction and Citizenship

1. Introduction: Definition, Sources and Classification of Constitution

2. Constitutionalism: Constitution, Constitutional Law, and Constitutionalism

3. Preamble: Significance of the Preamble and Is Preamble Part of


Constitution?

4. Union and Its Territories: Articles 1-4

5. Citizenship: Articles 5-11

Case Laws:

1. In re Berubari Union, AIR 1960 SC 845


DR. B.R. AMBEDKAR NATIONAL LAW UNIVERSITY, SONEPAT
(Established by the Haryana State Legislature Act No. 15 of 2012)

2. Keshvanand Bharti v. State of Kerala, AIR 1973 SC 1461

MODULE-II

Concept of State, State Action, and Equality

1. The State: Purpose of defining “State” under Article 12, Interpretations on Definition of
State by Apex Court
2. Other Authorities: Other Authorities: Meaning and Scope of Development, Is Judiciary
State under Art.12 ?
3. State Action: Article 13, Definition of Law, and Personal Laws
4. Doctrines: Doctrine of Eclipse, Doctrine of Waiver, Doctrine of Severability and Doctrine
of Colourable Legislation
5. Article 14: Equal Protection Clause and Reasonable Classification, “Equality before the
law” and “Equal Protection of Laws”

Case Laws:

1. Zee Telefilms Ltd. v. Union of India, AIR 2005 SC 2677


2. State of West Bengal v. Anwar Ali Sarkar AIR 1952 SC 75

Module-III

Right to Equality, Affirmative Action, and Freedoms

1. Right to Equality (Article 15 & 16): No Discrimination on the Grounds of Religion, Sex,
Caste etc., Positive discrimination/Affirmative Action , Women and Children
2. Reservations: Reservation in Admissions in Educational Institutions, Equality of
Opportunity in the Matters of Employment, Socially and Educationally Backward Classes.
3. Mandal Commission Case: Reservation for Backward Classes, Concept of Creamy Layer
, 103rd Amendment and Reservation for Economically Weaker Sections
4. Article 19: Six Freedoms (Article-19), Philosophical Justification and
Importance of different Freedoms
5. Reasonable Restrictions: Different Reasonable Restrictions placed on the exercise of the
Freedoms under Article 19.
DR. B.R. AMBEDKAR NATIONAL LAW UNIVERSITY, SONEPAT
(Established by the Haryana State Legislature Act No. 15 of 2012)

Case Laws:
1. Indra Sawhney v. Union of India, AIR 1993 SC 477
2. Bennett Coleman v. Union of India, AIR 1973 SC 106

Module- IV

Personal Liberty, Freedom of Religion and Constitutional Remedies

1. Article 20: Protection Against Ex-Post Facto Law, Protection Against


Double Jeopardy Protection Against Self-Incrimination

2. Article 21: Due Process and Procedure Established by Law , Right to Die,
Right to Privacy, etc.

3. Freedom of Religion: Concept of Secularism vis-à-vis Right of Religion,


Article 25-28, Conversion and Anti-conversion Laws, and Minority
Rights: Need for Minority Rights.

4. Right to Constitutional Remedies: Obligation or Discretion of the


Supreme Court to provide remedy, Remedies under Article 32

5. DPSP and Fundamental Duties: Nature and Object of Directive


Principles of State Policy, Harmonious Construction of Directive
Principles and Fundamental Rights, Correlation between Fundamental
Duties and Fundamental Rights.

Case Laws

1. Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 180


2. P.A. Inamdar v. State of Maharashtra, (2005) 6 SCC 537

Course Outcomes: After completion of the course:

1. The Learners will be able to comprehend the importance of constitution in national


life.
2. The Learners will learn their fundamental rights and their limitations.
3. The Learners will know the nature and scope of State for the purpose of
fundamental rights.
DR. B.R. AMBEDKAR NATIONAL LAW UNIVERSITY, SONEPAT
(Established by the Haryana State Legislature Act No. 15 of 2012)

4. The Learners will be able to follow the procedure for the enforcement of
fundamental rights.

Suggested Readings:

1. Gopalkrishna Gandhi, India's Constitution: A Living Document. Penguin Books India,


New Delhi.

2. Granville Austin, The Indian Constitution: Cornerstone of a Nation. Oxford


University Press, New Delhi.

3. H.M. Seervai. Constitutional Law of India. Universal Law Publishing, Delhi.

4. J.N. Pandey, The Constitution of India, Central Law Agency, Prayagraj

5. M.P. Singh, Constitution of India, Eastern Book Company, Lucknow

6. M.P. Jain, Indian Constitutional Law, LexisNexis, Gurugram

7. Mihir Bhatt, The Constitution of India: A Student's Handbook. Universal Law


Publishing, Delhi.

8. Narender Kumar, Constitutional Law of India. Central Law Publications, Prayagraj.

9. Nirmal Kumar Bose, Constitutional Law of India. Eastern Book Company, Lucknow.

10. Upendra Baxi, The Indian Constitution: Basic Features. Oxford University Press,
New Delhi.

Statutes:

1. The Constitution of India, 1950

(Latest Editions are Prescribed)

****

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