Constitutional Law I
Guru Ghasidas Vishwavidyalaya · LL.B. Semester 4 · LAIDTT2N
Unit I — Introduction to Indian Constitutional Law
Concept of Constitutional Law: Nature, scope, and role in a legal system · Idea of Constitutionalism: Limitation of governmental powers; governance by law, not by will · Salient Features of the Indian Constitution: Federal structure, parliamentary system, fundamental rights, DPSP, secularism, independent judiciary · The Preamble: Text, interpretative significance, and its role as a guiding light to constitutional values · Philosophical Foundations: Core ideals of justice, liberty, equality, fraternity; influence on constitutional interpretation · The Constitution as Grundnorm: Supreme and fundamental law governing all other laws and institutions · The Constitution as a Living Document: Adaptability through interpretation and amendment; relevance in changing socio-political contexts
Unit II — Foundations of Fundamental Rights and the Concept of State
History and significance of Fundamental Rights in India · Nature and Constitutional scheme of Fundamental Rights · The State and the Fundamental Rights · The concept of “State” under Article 12 · Scope of the expression “other authorities” · Whether Judiciary is included · Violation of Fundamental Rights and State Action: · Definition of "law" under Article 13(3) · Constitutional amendment not being “law” under Article 13(4) · Unconstitutionality of statutes under Article 13 and Articles 245/246 r/w Seventh Schedule · Doctrines: Doctrine of void ab initio; Doctrine of eclipse; Doctrine of severability; and, Doctrine of waiver · Judicial Review
Unit III — Right to Equality (Articles 14–18)
Article 14: · Doctrine of Reasonable Classification · Principle of non-arbitrariness · Doctrine of Legitimate Expectations · Article 15: · Prohibition of discrimination · Protective discrimination under Article 15(3) · Reservations in educational institutions and public employment · Article 16: · Equality of opportunity in matters of public employment · Reservation in promotion · Articles 17 and 18: · Abolition of Untouchability · Abolition of Titles · The Constitution (103rd Amendment) Act, 2019 – Reservation on economic basis
Unit IV — Freedoms, Liberty, and Procedural Rights (Articles 19–22)
Article 19: · Six fundamental freedoms available to citizens · Reasonable restrictions and threefold criteria under Article 19(2) · Freedom of speech and expression · Freedom of the press and commercial advertisements · Property Rights: · Constitutional position before and after the 44th Amendment Act · Articles 31, 31A, 31B, 31C, and 300A · Article 20: · Protection against ex post facto laws · Protection against double jeopardy · Protection against self-incrimination · Article 21: · Meaning of “life” and “personal liberty” · Interpretation before and after Maneka Gandhi · Derivative rights: right to privacy, livelihood, environment, education, fair trial, free legal aid, right to go abroad, right to basic needs, etc. · Article 22: · Constitutional safeguards against arbitrary arrest · Preventive detention provisions · Interrelationship of Articles 14, 19, and 21
Unit V — Social Justice, Religion, and Minority Rights (Articles 23–30)
Article 23: Prohibition of human trafficking and forced labour · Article 24: Prohibition of employment of children in hazardous industries · Articles 25–28: Freedom of Religion and Conscience · Meaning and significance of religion in a secular democracy · Freedom of conscience and right to profess, practice, and propagate religion · Freedom to manage religious affairs · Articles 29–30: Cultural and Educational Rights · Non-discrimination on grounds of religion, race, caste, or language · Protection of minority interests · Right to establish and administer educational institutions · Determining minority status · Autonomy of minority institutions and State regulation
Unit VI — Right to Constitutional Remedies and Human Rights Institutions
Article 32 and 226: · Right to move the Supreme Court and High Court for enforcement of Fundamental Rights · Writs: Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo Warranto · Doctrine of locus standi · Public Interest Litigation: Evolution and features · Institution for protection of fundamental rights and human rights
Unit VII — Directive Principles of State Policy and Fundamental Duties
Part IV: Directive Principles of State Policy · Constitutional scheme and classification · Uniform Civil Code (Article 44) of the Constitution of India, Free Legal Services and Free Legal Aid (Article 39 A), Organizations of Village Panchayats (Article 40), Protection and Improvement of Environment, Safeguarding Forests and Wildlife (Article 51A). · Relationship with Fundamental Rights · Judicial attempts to enforce DPSPs · Part IVA: Fundamental Duties · Reasons for incorporation · Nature and scope of duties · Enforcement and their Interpretation