Marks : 100
Objective
The Constitution of India is the supreme law that lays down the framework and demarcates powers, procedures, duty, structure, code, and the functioning of various government institutions. The Constitution of India is set up to ensure equal rights to everyone and to entitle people with the power to select their leaders, practice their religion and choose the work portfolio that they like. The Constitution of India includes sovereignty, socialism, secularism, democracy and republic. Justice, liberty and fraternity are also a part of the objective of the Indian Constitution.
Unit I: Constitution
- Definition and Classification
- Sources of Constitution
- Constitutional Conventions
- Salient features of Indian Constitution
- Rule of Law
- Separation of Powers
Unit – II: Distribution of Powers between Union and States
- Legislative Powers, Administrative Powers, Financial Powers
- Doctrine of Territorial Nexus, Doctrine of Harmonious Construction, Doctrine of Pith and Substance
- Doctrine of Repugnancy
Unit – III: Constitutional Organs
(i) Parliament (ii) Parliamentary Sovereignty (iii) Parliamentary Privileges (iv) Anti-Defection Law (v) Executive Power (vi) Collective Responsibility of Cabinet (vii) Judiciary: Jurisdiction of Supreme court and High Courts (viii) Independence of Judiciary (ix) Public Interest Litigation (x) Power of Judicial Review (xi) Doctrine of Political Question
Unit – IV:
Emergency Provisions, Amendment of Constitution, Doctrine of Basic Structure, Contractual and Tortious Liability of State, Right to Property and freedom of Trade & Commerce
Books
1. D.D. Basu, Shorter Constitution of India, Wadhwa, Nagpur
2. H.M. Seervai, Constitution of India, Tripathi Bombay
3. V.N. Shukla, Constitution of India, Eastern Book Co. Lucknow
4. M.P. Jain, Constitution of India, Wadhwa Nagpur
LL.B. Second Semester
PAPER – I CONSTITUTIONAL LAW – II LL.B. 201
Objective Marks : 100
Objective of the studies is to understand the Indian Constitution, what is the meaning of state, and how fundamental rights and DPSP give to citizens.To know about the Fundamental Rights with respect to equality and Right to life given by Constitution and judicial interpretation - reasonable restrictions. To know about the Constitutional Remedies given in the Constitution to the citizens as well as persons.
Unit I : Fundamental Rights
- Definition of State for enforcement of fundamental rights, Justifiability of fundamental rights, Doctrine of eclipse, severability, waiver, distinction between pre-constitutional law and post constitutional law
- Right to Equality : Doctrine of Reasonable classification and the principle of absence of arbitrariness.
- Fundamental Freedom : Freedom of Speech and Expression, Freedom of Association, Freedom of Movement, Freedom of Reside and Settle, Freedom of Trade, Business and Profession-expansion by judicial interpretation-reasonable restrictions.
Unit II : Fundamental Rights
- Right to life and personal liberty-scope and content (expensive interpretation)
- Preventive detention under the Constitution-Policy and safeguards-Judicial review
- Right against exploitation-forced labour and child employment
- Freedom of religion
- Education and cultural rights
Unit III : Rights to Constitutional Remedies
- Right to Constitutional Remedies-Judicial Review
- Writs : Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo-warranto - Art.32 and 226
Unit IV : Directive Principles, Fundamental Duties, Social Justice and Right to Information
- Directive Principles of State Policy –Nature and Justifiability of the Directive Principles Interrelationship between Fundamental Rights and Directive Principles, Fundamental Duties
- Social Justice under the Indian Constitution, Compensatory discrimination for backward classes Mandal Commission’s case and other cases-Protective discrimination doctrine
- Right to Information Act, Central and State Commission, Public Authorities, Right to
Information and Power of Judicial Review