Constitutional Governance - I
Hidayatullah National Law University · LL.B. Semester 3 · LLB-C-301
Unit I — FOUNDATIONS OF THE INDIAN CONSTITUTION
Making of the Constitution of India: Constituent Assembly, Sources of the Constitution of India · Meaning, Definition, Scope and Significance of Constitution of India · Concept of Constitution, Constitutional Law, Constitutionalism, Constitutional Governance and Constitutional Morality · Salient features of the Constitution of India · Preamble- its significance, amendment and interpretation.
Unit II — THE UNION AND ITS TERRITORY AND CITIZENSHIP - ARTICLES 1-11
Name of the Union, States and Union Territories: Article 1 Admission, establishment of new States: Article 2 · Formation of new States, alteration of areas, boundaries, and names of States: Article 3 Laws made under Articles 2 and 3 to provide for the amendment of the First and Fourth Schedule: Article 4 Constitutional status of J&K, Sikkim, Goa, Pondicherry, Northeastern States, etc. · Citizenship at the commencement of the Constitution: Article 5 Citizenship of certain persons who have migrated from Pakistan: Article 6 Citizenship of certain migrants to Pakistan: Article 7 Citizenship of certain persons of Indian origin residing outside India: Article Person voluntarily acquiring citizenship of a foreign State not to be citizens: Article 9 · Continuance of the rights of citizenship: Article 10 Parliament regulates the right of citizenship by law: Article 11
Unit III — STATE AUTHORITY AND RIGHT TO EQUALITY - ARTICLES 12-18
Definition of State under Article 12: other authorities and its interpretation, Justifiability of Fundamental Rights: Article 13 and judicial review, justifiability of pre and post Constitutional Laws and doctrines (Severability, Eclipse and Waiver) Basic Structure Doctrine - Article13 and Article 368 · Concept of Fundamental Rights -Origin and Development · Right to Equality Article 14: equality before Law, equal protection of laws non-discrimination, classification and class legislation, non-arbitrariness, protective discrimination Right against discrimination Article 15: special provisions for women, children and backward classes, Horizontal and Vertical Rule · Reservations in appointments and promotions Article 16: Consequential Seniority, Carry Forward Rule Abolition of Untouchability: Article 17 Abolition of Titles: Article 18
Unit IV — LIBERTY AND PROTECTION FROM EXPLOITATION- ARTICLES 19-24
Freedom of Speech and Expression: Article 19(1) (a) right to know, freedom of press, reasonable restrictions 19(2), test for reasonableness, burden of proving Freedom to assemble peaceably and without arms: Article 19(1) (b) 19(3) Freedom to form association or unions: Article 19(1) (c) 19 (4) Freedom to move freely throughout the territory of India: Article 19(1) (d) 19 (5) Freedom to reside and settle in any part of the territory of India: Article 19(1) (e) 19(5) Freedom to practice any profession, or to carry on any occupation, trade, or business: Article 19(1) (g) 19(6) · Protection in respect of conviction for offences: Article 20 rights of the accused: ex-post facto laws, right against double jeopardy, right against self incrimination. Protection of life and personal liberty: Article 21 right to life and personal liberty: meaning and scope, facets of right to life- prisoners’ rights, rights available to rape victim, right to education: Article 21A · Protection against arrest and detention: Article 22 safeguards against arrest made under ordinary Law, preventive detention, safeguards against detention made under the preventive detention laws · Right against Exploitation: prohibition of traffic in human beings and forced labour: Article 23 Prohibition of employment of children in factories etc.: Article 24
Unit V — RELIGIOUS FREEDOM AND EDUCATIONAL AND CULTURAL SAFEGUARDS ARTICLES 25 - 30
Right to freedom of religion, reasonable restrictions: Article 25 Right to establish and maintain religious denominations: Article 26 Renunciation of practices derogatory to the dignity of women: Article 51A(e) · Freedom from payment of taxes: Article 27 Religious instructions in educational institutions and restrictions on religious instructions in educational institutions: Article 28 · Right to establish and administer educational institutions – rights of minorities and non-minorities; -right to conserve language, script or culture, right to admission to educational institutions: Article 29 · Right of minorities to establish and administer educational institutions, no discrimination in granting aid: Article 30
Unit VI — ENFORCING RIGHTS: CONSTITUTIONAL REMEDIES- ARTICLE 32
Nature and need for distinctive Constitutional remedies- Article 32 and Curative Petition · Types of remedies – Habeas Corpus, Mandamus, Prohibition, Quo Warranto, And Certiorari – nature and procedure of these writs · Right to move to the Supreme Court, rule of Locus Standi, Public Interest Litigation · Suspension of fundamental rights, effect of emergency on Fundamental Rights. Articles 358 and 359
Unit VII — GUIDING PRINCIPLES AND DUTIES OF THE STATE AND CITIZENS - ARTICLES 36
51(A) · Directive Principles - directions for social change: a new social order: Articles 36-51 · Fundamental Rights and Directive Principles – interrelationship Articles 31 B, 31-C · Constitutional amendments to strengthen Directive Principles · Fundamental Duties - need, enforcement and status of fundamental duties: Article 51(A)